The URL can be used to link to this page

Home My WebLink AboutT-3925 - Agreement/Covenant - 6/26/2006 (2) RECORDED AT REQUEST OF IfTIz 'f .:lig A' 89133981 A ._ ...MIN. PAST..T-- --M DEC 06 1989 FRESNO COUN ..:.AuPORN1A PLEASE CONFORM GALEN LARSON,County Rerorde -------------------SPACE AB F ---------------- P.W. File No. 8637 OYDEPUTYRE-CORDER eve opment Department UGM No. 303 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK, FIRE STATION AND TRUNK SEWER FEES AND CREATION OF LIEN Tract No. 3925 Phase I of Tentative Tract No. 3925 'Monte Vista No. 25 ' RECITALS WHEREAS, Pierce Lathing Co. , a Caifornia Corporation, doing business as Pierce Enterprises, hereinafter referred to as "the Covenantor, " is the owner of that certain real property in the City of Fresno, County of Fresno, State of California, hereinafter referred to as "the Subject Property" and more particularly described in attached Exhibit "A" , said property being further subdivided by the final map of Tract No. 3925, Phase I of Tentative Tract No. 3925, 'Monte Vista No. 25 ' , consisting of Seventy-Five (75) lots; and WHEREAS, the Covenantor hereby warrants that any and all parties having record title interest in the Subject Property which may ripen into a fee have subordinated to this instrument; and WHEREAS, all such instruments of Subordination, if any, are attached hereto and made a part of this instrument; and +r , Covenant/T-3925 UGM Fees Page 2 WHEREAS, the Subject Property is subject to UGM Park, Fire Station and Trunk Sewer fees pursuant to Sections 12-4 . 508 and 12-4 . 509 of the Fresno Municipal Code and Resolution No. 83-40 in the estimated amount of Forty-Sig Thousand Six Hundred Eighty and 39/100 , Dollars ($46, 680.39) for the following : UGM Fire Station Fee Service Area No. 16 Zone District : R-1/UGM 16 . 07 Gross Ac @ $1, 242 . 00/Ac - $19 , 958 . 94 UGM Neighborhood Park Fee Service Area No. 4 Zone District: R-1/UGM 16 .07 Gross Ac @ $1, 230.00/Ac - $19,766 . 10 UGM Trunk Sewer Fee Service Area: Cornelia Trunk Line Zone District : R-1/UGM 15 . 63 Gross Ac @ $445 .00/Ac $6, 955 .35 Total Estimated Amount $46, 680 .39; and WHEREAS, Covenantor desires to have a Final Tract Map subdividing the Subject Property approved by the City of Fresno; and WHEREAS, Covenantor desires to defer payment of the UGM Park, Fire Station and Trunk Sewer fees until such time that the issuance of building permits is requested by the Covenantor or his successors and assigns for such construction. � Covenant/T-3925 UGM Fees Page 3 COVENANTS, CONDITIONS, AND RESTRICTIONS For favorable action on, and approval of, the Covenantor ' s Final Tract Map upon the Subject Property, as referred to hereinabove, Covenantor hereby covenants as follows : 1 . All UGM Park, Fire Station and Trunk Sewer fees attributable to development of Subject Property shall be paid prior to the issuance by the City of Building Permits for structures to be built upon the Subject Property. Such fees may be paid for individual parcels, if applicable. 2 . The UGM fees due shall be calculated by the City at the time of their payment, and shall be those amounts most recently established by the Council. 3 . Covenantor hereby waives any and all rights he may have pursuant to Government Code Section 65961. Each of the covenants, conditions, and restrictions contained in this Statement shall run with the Subject Property and shall be binding upon each successive owner of the Subject Property, his heirs, representatives, successors and assignees. The Covenantor hereby creates a lien upon the Subject Property to guarantee the performance of the obligations of the Covenantor contained in this Statement . The conditions of this Statement are intended to benefit the public and public properties . Accordingly, the City of Fresno shall have the right to enforce this Statement by any legal or equitable e t F Covenant/T-3925 UGM Fees Page 4 means. All obligations of the Covenantor in this Statement shall inure solely to the benefit of the City of Fresno. There are no third party beneficiaries of said obligations nor shall the right of the City of Fresno be transferrable in any manner to any person other than to a successor municipal corporation whose geographic boundaries include the Subject Property. The conditions and obligations of this Statement shall remain in full force and effect until such time as the Director of the Development Department of the City of Fresno issues a written release of such conditions and obligations . The provisions of this Statement shall be deemed independent and severable and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any one provisions hereof . Whenever the context of the Statement so requires, in interpreting this Statement, any gender includes the other genders, the singular includes the plural, and the plural includes the singular. r y Covenant/T-3925 UGM Fees Page 5 DATED: Accepted by: COVENANTOR CITY OF FRESNO PIERCE LATHING CO. , a Ca ifornia a Municipal orRor i' n Corporation, ng bus ' ess as T � Pierce Ent ses By _i� Alvin . Solis, Acting Director Development Department APPROVED AS TO FORM: HARVEY WALLACE City Attorney r By Deputy (Attach Notary Acknowledgement) STATE OF CALIFORNIA ) ss . COUNTY OF FRESNO ) On this ( day of in the year , before me personally appeared / rs,tiQ.c.d personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as Acting Director of the Development Department and acknowledged to me that the City of Fresno executed it. JACQUELINE L. RYLE, CMC City Clerk By �lL LLL •� Deputy LR:mv 3672D/578 CORPORATE ACKNOWLEDGMENT NO.20: State of California Onthisthe_30 da of Ortnher 19 y -8-9, before me, SS. County of Fresno Sally L . Benesh the undersigned Notary Public,personally appeared R . Kent Kunz , O1ICIAL SEAL ❑X personally known to me SALLY 1.BENESH El proved to me on the basis of satisfactory evidence NOTARY C•GLIFORNIA to be the person(s)who executed the within instrument as i ��"'"•Exak CO eT19,1993 R or on behalf of the corporation therein named,and acknowl d ed to met at the corporation executed it. �1 WITNESS my hand d al I C� Notary a re 7120122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O.Box 4625 • Woodland Hills,CA 91365-4625 .r Exhibit 'A' rr The Subject Property referred to in these covenants is situated in the State of California, County of Fresno, and is described as follows : A portion of Lots 29 and 30 of WINTERTON TRACT, in the City of Fresno, County of Fresno, State of California according to the map thereof recorded in Book 3 Page 21 of Record of Surveys, Fresno County Records and a portion of Parcel 1 of Parcel Map No. 2661, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Book 17 Page 50 of parcel maps, Fresno County Records, described as follows : Commencing at the Northwest corner of the Southwest Quarter of Section 24 , Township 13 South, Range 19 East, Mount Diablo Base and Meridian; thence South 0' 00 ' 00" West, along the West line of said Southwest Quarter, a distance of 717 .01 feet, to the True Point of Beginning; thence North 89' 46 ' 10" East a distance of 416 . 50 feet; thence North 79' 05 ' 16" East a distance of 124 .75 feet; thence North 79' 54 ' 28" East a distance of 62 .22 feet; thence North 83' 03 ' 04" East a distance of 62 .22 feet; thence North 8311 03 ' 04" East a distance of 61.72 feet; thence North 89' 46 ' 10" East a distance of 555 . 79 feet; thence North 0' 07 ' 33" East a distance of 439 .97 feet; thence North 1' 47 ' 00" West a distance of 60 . 03 feet; thence North 00 07 ' 33" East a distance of 117. 38 feet; thence North 450 03 ' 08" West a distance of 16.42 feet; thence North 00 13 ' 50" West a distance of 47 .00 feet to a point on the North line of said Southwest Quarter; thence North 890 46 ' 10" East, along said North line, a distance of 167 . 95 feet; thence South 0' 07 ' 33" West, along the West line and the Northerly prolongation thereof of the East 270 feet of the West half of Lot 29 of said Winterton Tract, a distance of 1191.99 feet; thence South 89' 45 ' 00" West a distance of 425. 11 feet; thence South 0' 03 ' 01" West a distance of 130 . 00 feet to a point on the South line of said Lot 30; thence South 890 45 ' 00" West, along the South line of said lot 30, a distance of 289 .00 feet to the Southwest corner of said Lot 30 ; thence North 0' 03 ' 01" East, along the West line of said Lot 30, a distance of 331. 08 feet to the Southeast corner of Parcel 1 of said Parcel Map No. 2661; thence South 89' 45 ' 00" West, along the South line and the Westerly prlongation thereof of said Parcel 1, a distance of 656 .25 feet to a point on the West line of said Southwest Quarter; thence North 0' 00 ' 00" East, along said West Line, a distance of 274 . 36 feet to the True Point of Beginning. LR:mv 3672D/578