HomeMy WebLinkAboutT-3960 - Agreement/Covenant - 7/5/2006 (3) Q - RECORDED AT REQUEST Of
+� 88106202 CENTRAL TIT COMPANY
PLEASE CON" M ___MlN. PAST. _:M
COPY SEP 23 1938
FRESNO COUNTY.CALIFORNIA
GALEN LARSON,County Recorder
FEE
$
-------------------SPACE ABOVE FOR RECORDERatD xBECWDEli_ ----------
P.W. File No. 8678 Development Department
UGM No. 313 City of Fresno
STATEMENT OF COVENANTS
FOR UGM PARK, FEES AND CREATION OF LIEN
Tract No. 3960
Cedar Park Professional Center
RECITALS
WHEREAS, the Herndon-Cedar Investment Group Trust Agreement and
CLRJ Ranch, a California General Partnership, 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. 3960, consisting of
Ten (10) lots; and
WHEREAS, the Subject Property is subject to UGM Park fees
pursuant to Section 12-4 . 508 of the Fresno Municipal Code in the
estimated amount of Twenty Thousand Five Hundred Sixty Six and
68/100 Dollars ($20,566 . 68) for the following:
UGM Neighborhood Park Fee
Service Area No. 7
Zone District: R-P-UGM & C-P-UGM
22 .02 Gross Ac @ $934 .00/Ac = $20,566 . 68
Total Estimated Amount $20,566 . 68 ; and
t�
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
fees until such time that the issuance of building permits is
requested by the Covenantor or his successors and assigns for such
construction.
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 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 .
�t 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
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 transferable 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 .
DATED: iA 'gys_ ,i ze 1-f'Pe
Accepted by: COVENANTOR
CITY OF FRESNO HERND -CEDAR INVESTMENT ROUP
a Municipal Corporation TRUST GREEMENT
By Q. /til By:
Georg A. Kerber, Director Franceen L. Doos, Trust e
Development Department
CLRJ RANCH, A California General
Partners
APPROVED AS TO FORM: By:
Larr Mel ' kian, Partner
HARVEY WALLACE
Cit Attorney
Deputy (Attach Notary Acknowledgement)
STATE OF CALIFORNIA )
ss .
COUNTY OF FRESNO )
O this 3� day of e.(_ , in the year .. �0v before
me + Pao%n G- cm persona ly appeared r 1 -2C' ec
personally known to me (or proved to me on the basi of satisfactory
evidence) to be the person who executed this instrument
as - Director of the Development Department and
acknowledged to me that the City of Fresno executed it .
JACQUELINE L. RYLE, CMC
City Clerk
By
Deputy
Dated :
LR: tag
6647d/404
c
GL 0016/K
_ STATE OF CALIFORNIA '
COUNTY OF Fresno
SS
On this 16th _ day o' At— l Ri i S t In the year
CX
1 before me, the undersigned, a Notary Public to
N
and for said County and State, personally appeared
FranrPan T• T)nnc ac TrjXgt-PP
personally known to me (or proved to me on the basis of satisfactory
e%idence) to be the person whose name ------111
1 c subsc bed to the within instrument and
acknowledged tha — executed the \ �" ,"�
I r NOTARY PUBLIC
I`
,ame FRESNO COUNTY, CALIFORNIA
Signature i My Commission Expires June 2, 1989
a
K is Kroeke
A ,
w Name (Typed-/x Prmtedl
N ary Public in and for said County and State
F 2492 A 11 i82 FOR NOTARY SEAL OR STAMP
STATE OF CALIFORNIA
COUNTY OF Fresno ISS.
On this 1-6th day of August , in the year 1988,
•
o before me,the undersigned,a Notary Public in and for said County and
State,personally appeared Larry Melikian
KRIS KROMER
personally known to me ® NOTARY PUBLIC
d FRESNO COUNT, CALIFORNIA
_ (or proved to me on the basis of satisfactory evidence) to be _ My Commission Expires June 2, 1989
na•
W one of the partners of t partnership that executed the
s within instrumen and acknowledge to me that such partnership
IC executed the same.
CL )
Signature /
o Kis Kroeker
s
Name (Typed or Printed)
No ry Public in and for said County and State
FOR NOTARY SEAL OR STAMP
CT-7%
w
` Exhibit °A"
The land referred to in these covenants are situated in the State of
California, County of Fresno, and is described as follows :
That portion of Lots 50 and 51 of Perrin Colony No. 2, in the City of
Fresno. County of Fresno, State of California, according to the amended
map thereof recorded in Volume 4 , Page 68 of Plats. Fresno County
Records, described as follows :
BEGINNING at the northwest corner of the south half of said Lot 50 of
said Perrin Colony No. 2; thence South 00 00 ' 50" East along the west
line of Lot 50 and 51 of said Perrin Colony No. 2, a distance of 990.03
feet to the southwest corner of said Lot 51; thence North 890 51 ' 25"
East along the south line of said Lot 51, a distance of 788 . 54 feet to
the southwest corner of Parcel A of Parcel Map No. 85-52 , according to
the map thereof recorded in Book 46 Pages 40, 41 and 42 of Parcel Maps,
Fresno County Records; thence North 00 04 ' 11" West along the west
line of said Parcel A, a distance of 674 . 89 feet to a point, (said
point is also described as the northwest corner of said Parcel A) , on a
non-tangent curve, concave to the North, the center point of which
bears North 240 561 34" East 592 .00 feet; thence easterly, (along the
north line of said Parcel A) , along the arc of said curve with radius
of 592 .00 feet through a central angle of 250 081 33" an arc distance
of 259 .78 feet to the point of tangency with a line which is parallel
with and 42. 00 feet southerly of the north line of said Lot 51; thence
North 890 48 ' Ol" East along said parallel line a distance 242 .72
feet; thence South 500 131 45" East a distance of 22 . 38 feet ; thence
North 890 55 ' 49" East, a distance of 19 . 93 feet to a point on the east
line of the southwest 1/4 of Section 35, Township 12 South, Range 20
East, Mount Diablo Base and Meridian; thence North 00 04 ' 11" West,
along the east line of the southwest 1/4 of said Section 35, a distance
of 387 .08 feet, to a point which lies on the easterly prolongation of
the north line of the south half of Lot 50 of said Perrin Colony No. 2;
thence South 890 46 . 19" West, along the north line of the south half
of Lot 50 of said Perrin Colony No. 2. a distance of 1319 .06 feet to
the point of beginning.
6647d/402
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