HomeMy WebLinkAboutT-4000 - Agreement/Covenant - 6/28/2006 (2) t RECORDED AT REQUUT OF,
PLEASE CON WA.MER�C+ .'ANX !f INSURANCE OMPA
"--�.~�-----r--- -- - " 0084498
A�`.. MIN. PAST.. M
J U L 2 01990
FRESNA ;OUNT :ALIFORNIA
GALEN LARSON,Count'Recorder
-------------------SPAC -----------------
DY DEPUTY RECORDER
P.W. File No . 8965 elopment Department
UGM No . 377 City of Fresno
STATEMENT OF COVENANTS
FOR UGM PARK AND FIRE STATION FEES
AND CREATION OF LIEN
Tract No. 4000
"Northpointe"
RECITALS
WHEREAS, GROUPE DEVELOPMENT COMPANY-NORTHERN CALIFORNIA, a
California Corporation, 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 . 4999 , "Northpointe, " consisting of One Hundred (100)
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
Statement of Covenants
Tract No . 4000 "Northpointe"
Page 2
WHEREAS, the Subject Property is subject to UGM Park and Fire
Station fees pursuant to Sections 12-4 . 508 and 12-4 . 509 of the
Fresno Municipal Code in the estimated amount of Ninety-Six Thousand
Nine Hundred Eighty-Five and 50/00 Dollars ($96, 985 . 50) for the
following :
UGM Fire Station Fee
Service Area No . 21
Zone District : R-1/UGM
38 .95 Gross Ac @ $1,388 . 00/Ac = $54 , 062 . 60
UGM Neighborhood Park Fee
Service Area No . 1
Zone District : R-1/UGM
38 . 95 Gross Ac @ $1, 102 .00/Ac - $42 , 922 . 90
Total Estimated Amount $96 , 985 . 50; 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 and
Fire Station 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 :
w
r' Statement of Covenants
Tract No . 4000 "Northpointe"
Page 3
1 . All UGM Park and Fire Station 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
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.
t Statement of Covenants
Tract No . 4000 "Northpointe"
Page 4
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 .
_ _ I
i
I
Iss. 1
STATE OF CALIFORNIA FRESNO I i
COUNTY OF
i On APRIL 2 1990 before me,the undersigned,a Notary Public in and for
ROBERT A. CHRISTOFFERSON yed-
said State,personally appeared
personally known to me(or proved to me on the
dDIRECTOR OF
E
a c basis of satisfactory evidence)to be the persons who executed the within instrumen as GRUPE
Z; n DEVELOPMENT Sewl�,on behalf of
Li E I�seilien��
E0DEVELOPMENT COMPANY—NORTHERN CALIF.
0 L)N OFFICIAL SEAL
C the corporation therein named,and acknowledged to me that
CL V CATHY A. GRAY
such corporation executed the within instrument pursuanttoits NOTARY PUBLIC-CALIFORNIA
PRINCIPAL OFFICE IN
1 by-laws or a resolution of its board of directors. FRESNO COUNTY 1
co WITNESS my hand and official seal. My commission Expires July S. 1991
SO
N
(This area for official notarial seal)
Cq Signature
Statement of Covenants
Tract No. 4000 "Northpointe"
Page 5
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: L'- rz
Accepted by: COVENANTOR
CITY OF FRESNO GRUPE DEVELOPMENT COMPANY--
a Municipal Corporation NORTHE ALIFORNIA, a
Calif n' Corpora ion
By By 464A—z
Alvin Solis, -Aetia Director Robert A. Christofferson
Development Department Director of Development
APPROVED AS TO FORM: ti
HARVEY WALLACE
City Attorney
Y
Deputy (Attach Notary Acknowledgement)
STATE OF CALIFORNIA )
ss .
COUNTY OF FRESNO )
On this I/? day of in the ear /990
T
before me M-)CL(2 � , persont,,lly a eared 0&v� ,
personally knownato me ( r 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
puty
LR: jjw
6208D/632
EXHIBIT "A"
TRACT NO . 4000
TRACT 4000 - "NORTHPOINTE"
Subject Property referred to in these covenants is situated in the
City of Fresno, County of Fresno, State of California, and is
described as follows :
That portion of the Northeast quarter of Section 15 , Township 12
South, Range 20 East, Mount Diablo Base and Meridian, described as
follows :
BEGINNING at the most Southerly corner of Outlot "A" of Tract 3900 ,
"Country View Circle, " according to the map thereof recorded in
Volume 47 of Plats at Pages 21 and 22 , Fresno County Records; said
point being on a curve concave to the Southwest with a radius of
638 . 00 feet, a radial through said point bears North 420 15 ' 19"
East ; thence Northwesterly, along the Northeasterly right-of-way
line of North Eastshore Drive as shown on Tract 3879 , according to
the map thereof recorded in Volume 46 of Plats at Pages 62 through
65, Fresno County Records, along said curve through a central angle
of 010 08 ' 19" and an arc length of 12 . 68 feet to the point of
tangency; thence North 48' 53 ' 00" West, continuing along the
Northeasterly right-of-way line of said North Eastshore Drive, a
distance of 328 . 09 feet to the point of curvature of a curve
concave to the Southwest with a radius of 623 . 00 feet; thence
continuing along the Northeasterly right-of-way line of said North
Eastshore Drive, Northwesterly along said curve through a central
angle of 260 20 ' 32" and an arc length of 286 . 43 feet; thence
,North, a distance of 641 . 62 feet to a point on the Southeasterly
right-of-way line of North Friant Road; thence North 690 35 ' 12"
East , along the Southeasterly right-of-way line of said North
Friant Road, a distance of 491 .23 feet; thence North 650 08 ' 01"
East, continuing along the Southeasterly right-of-way line of said
North Friant Road, a distance of 128 .79 feet to the non-tangent
point of curvature of a curve concave to the Northwest with a
radius of 1886 . 00 feet (a radial through said point bears South
200 25 ' 07" East) ; thence continuing along the Southeasterly
right-of-way line of said North Friant Road, along said curve
through a central angle of 280 38 ' 34" and an arc length of 942 . 83
feet; thence North 860 01 ' 27" East, a distance of 16 . 59 feet to a
point on the West right-of-way line of North Millbrook Avenue, said
point being 30 . 00 feet West of the East lien of the Northeast
quarter of said Section 15 ; thence South 000 41 ' 26" West, along
the West right-of-way line of said North Millbrook Avenue, parallel
with and 30 . 00 feet West of the East line of the Northeast quarter
of said Section 15, a distance of 1240 . 00 feet (a radial through
said point bears North 820 01 ' 41" West) ; thence continuing along
the West right-of-way line of said North Millbrook Avenue,
Southerly along said curve through a central angle of 070 16 ' 53"
.
t Tract No . 400 - Northpointe
Page 2
and an arc length of 157 . 58 feet to a point being 40 . 00 feet West
of the East line of the Northeast quarter of said Section 15;
thence South 000 41 ' 26" West, continuing along the West
right-of-way line of said North Millbrook Avenue, parallel with and
40 .00 feet West of the East line of the Northeast quarter of said
Section 15, a distance of 275 . 00 feet ; thence South 890 18 ' 34"
East, a distance of 10 . 00 feet to a point being 30 . 00 feet West of
the East line of the Northeast quarter of said Section 15; thence
South 000 41 ' 26" West , along the West right-of-way line of said
North Millbrook Avenue, parallel with and 30 . 00 feet Wet of the
East line of the Northeast quarter of said Section 15 , a distance
of 317 . 36 feet to the Northeast corner of said Tract 3900; thence
North 890 18 ' 34" West, along the North line of said Tract 3900, a
distance of 717 . 00 feet to the most S6utherly corner of said Outlot
"A" ; thence South 390 52 ' 54" West, along the Southeasterly line of
said Outlot "A, " a distance of 181. 69 feet to the point of
beginning .
EXCEPTING THEREFROM that portion of the Northeast quarter of said
Section 15 , Township 12 South, Range 20 East, Mount Diablo Base and
Meridian, described as follows:
BEGINNING at th Northeast corner of said Section 15 ; thence South
000 41 ' 26" West, along the East line of the Northeast quarter- of
said Section 15, a distance of 925 .24 feet ; thence North
890 18 ' 34" West a distance of 30 . 00 feet to a point on the West
right-of-way line of North Millbrook Avenue, said point being the
TRUE POINT OF BEGINNING; thence North 890 18 ' 34" West a distance
of 80 . 00 feet; thence South 000 41 ' 26" West a distance of 140 . 00
feet; thence South 890 18 ' 34" East a distance of 79 . 14 feet to a
point on the West right-of-way line of said North Millbrook Avenue,
said point being on a non-tangent curve concave Easterly with a
radius of 1240 .00 feet, a radial through said point bears North
820 20 ' 54" West; thence Northerly along the said West right-of-way
line of North Millbrook Avenue, and along said non-tangent curve
through a central angle of 00' 19 ' 13" , an arc length of 6 . 93 feet
to a point being 30 . 00 feet West of from East line of the Northeast
quarter of said Section 15; thence North 000 41 ' 26" East, parallel
with and 30 . 00 feet West of the East line of the Northeast quarter
of said Section 15 and continuing along the said West right-of-way
line of North Millbrook Avenue, a distance of 133 . 12 feet to the
TRUE POINT OF BEGINNING.
LR: jjw
6222D/634