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Home My WebLink AboutT-4008 - Agreement/Covenant - 6/29/2006 (2) =CHICAGO ED AT REQU T 0. -{ 8906'8492 AT.—�. IN. PAST CRY JUN 29 198 FRESNO COUNTY.CALIFORNIA GALEN LARSON,County Recorder PLEASE CONFOR;Vs 41,e FEE BY DEPUTY RECORDER ---SPACE ABOVE FOR RECORDER'S USE------- --- P.W. File No. 8702 Development Department UGM No. 320 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK AND FIRE STATION FEES AND CREATION OF LIEN Tract No. 4008 RECITALS WHEREAS, Westcal, Inc. , 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. 4008, consisting of Two Hundred Ninety Five (295) lots; and 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 One Hundred Twenty Thousand Six Hundred Seventy Six and 86/100 Dollars ($120,676. 86) for the following: UGM Fire Station Fee Service Area No. 21 Zone District: R-1/UGM 37.46 Gross Ac @ $1, 388 .00/Ac = $51,994 .48 a Covenant 89068492 UGM Park & Fire Station Fees Tract No. 4008 Page 2 UGM Neighborhood Park Fee Service Area No. 1, west of North Cedar Avenue Zone District: R-1/UGM 18 . 16 Gross Ac @ $982 .00/Ac = $17, 833 . 12 Service Area : 7, east of North Cedar Avenue Zone District: R-1/UGM 40. 81 Gross Ac @ $1,246.00/Ac = $50, 849 . 26 Total Estimated Amount $120,676 . 86: 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: 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. 89068492 Covenant UGM Park & Fire Station Fees Tract No. 4008 Page 3 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. 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. e Covenant 89068492 UGM Park & Fire Station Fees Tract No. 4008 Page 4 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. 89068492 Covenant UGM Park b Fire Station Fees Tract No. 4008 Page 5 DATED: Accepted by: COVENANTOR CITY OF FRESNO WESTCAL, INC. , a California a Municipal Corporation Corporation By Q George A. Kerber, Director ' �A�km /131� Development Department APPROVED AS TO FORM: HARVEY WALLACE City Attorney r Y Deputy (Attach Notary Acknowledgement) STATE OF CALIFORNIA ) as. COUNTY OF FRESNO ) �LWAL On this day of in the year before me personally appeared personally known to me (or proved to me on the basis 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 l A Deputy LR:mv 0576D/500 05-04-89 CORPORATE ACKNOWLEDGMENT NO.202 State of California On this the 16 day of May 19 ,,before me, SS. County of Fresno Anna M. Renna , the undersigned Notary Public,personally appeared P i, J. BeYoung and John A. Bonadelle OFFICIAL SEAL )91 personally known to me ANNA M. RENNA 0 proved tome on the basis of satisfactory evidence N NOTARY PUBLIC-CALIFORNIA to be the person(s)who executed the within instrument as i' NOTARY BOND FILED IN president & Vice President or on behalf of the corporation therein FRESNO COUNTY MY mmWWon Expires August 30, 1981 named,and acknowledged to me that the corporation executed it. WITN my hand and official al. Jula__ I h NotarYA Signature 7120122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O.Box 4625 • Woodland Hills,CA 91365-4625 89068492 EXHIBIT "A" The real property referred to in these covenants is situated in the State of California, County of Fresno, and is described as follows : Parcels 1 and 2 of Parcel Map No. 3353 , in the City of Fresno, Fresno County California, according to the map thereof recorded in Book 23 of Parcel Maps at page 35, Fresno County Records . TOGETHER WITH: Parcels 1, 2, 3 and 4 of Parcel Map 3946, in the City of Fresno, Fresno County. California. according to the map thereof recorded in Book 27 of Parcel Maps at page 76, Fresno County Records, together with that portion of North Cedar Avenue adjacent thereto. EXCEPTING THEREFROM that portion of said Parcel 4 and said North Cedar Avenue lying East of the West line of the Northeast Quarter of Section 23 , Township 12 South, Range 20 East, Mount Diablo Base and Meridian, according to the United States Government Township Plat. TOGETHER WITH: That portion of the North half of the Southeast Quarter of Section 23 , Township 12 South, Range 20 East, Mount Diablo Base and Meridian, Fresno County, California, according to the United States Government Township Plat, described as follows: BEGINNING at the Northwest corner of said Southeast Quarter of Section 23; thence North- 890 40 ' 21" East, along the North line of said Northwest Quarter of Section 23 , a distance of 1, 303 . 58 feet; thence South 000 19 ' 39" East, a distance of 676. 42 feet; thence North 890 40' 21" East, a distance of 19.00 feet to the point of curvature of a curve, concave to the Southwest, having a radius of 50.00 feet; thence Southeasterly and Southwesterly along said curve, through an interior angle of 1220 38 ' 13" , an arc distance of 107.02 feet to the point of curvature of a reverse curve, concave to the East, having a radius of 45.00 feet; thence Southerly along said curve, through an interior angle of 320 38 ' 1311 , an arc distance of 25 .63 feet; thence South 000 19 ' 39" East a distance of 385.24 feet: thence South 450 26 ' 00" East a distance of 17. 64 feet; thence North 890 27 ' 40" East, a distance of 34 . 68 feet: thence South 000 32 ' 20" East, a distance of 50.00 feet to the point of curvature of a non-tangent curve, concave to the southeast having a radius of 45.00 feet (the radial at said point bears North 00' 32 ' 20" West) : thence Southwesterly along said curve, through an interior angle of 320 38 ' 13" , an arc distance of 25. 63 feet to the point of curvature of a reverse curve, concave to the Northeast, having a radius of 50.00 feet; thence Southwesterly and Northwesterly along said curve, through an interior angle of 53' 08 ' 45" , an arc distance of 46. 38 feet to a point (the radial at said point bears South 19' 58 ' 12" West) ; w • 89068492 Tract 4008 Legal Description Page 2 thence South 190 58 ' 12" West a distance of 94 . 14 feet to a point on the South line of said North half of the Southeast Quarter of Section 23 ; thence South 890 27 ' 40" West along said South line, a distance of 1, 320. 50 feet to the Southwest corner of the North half of the Southeast Quarter of said Section 23 ; thence North 000 24 ' 01" East, along the West line of said Southeast Quarter of Section 23 , a distance of 1, 330. 57 feet to the POINT OF BEGINNING LR:mv 0635D/502