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Home My WebLink AboutT-4015 - Agreement/Covenant - 6/29/2006 (2) A%C0RDXD AT REQUEST/OF f _ ....MIN. PAST. .M SEP 2% 199 FRESNO,OUN1 •:AIIFORNIA GALEN LARSON.County Recorder F PLEASE CONFORM $ PL 15� V(�tiji iJi-�'!rA -SPACE ABO TOit ------------------ P.W. File No . 8737 Development Department UGM No. 194 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK FEES AND CREATION OF LIEN Tract No . 4015 For Condominium Purposes RECITALS WHEREAS, CONCORD INVESTMENTS, 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 . 4015, consisting of 1 (one) lot; 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 WHEREAS, the Subject Property is subject to UGM Park fees pursuant to Section 12-4 . 509 of the Fresno Municipal Code in the estimated amount of Fifteen Thousand Three Hundred Ninety and 90/100 Dollars ($15, 390 . 90) for the following: a Covenants-Tract No. 4015 UGM Park Fees Page 2 UGM Neighborhood Park Fee Service Area No. 1 Zone District : R-2/UGM 6 . 98 Gross Ac @ $2 , 205 . 00/Ac = $15,390 . 90 Total Estimated Amount $15, 390 . 90; 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 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 . Covenants-Tract No . 4015 UGM Park Fees Page 3 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 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 . Covenants-Tract No. 4015 UGM Park Fees Page 4 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: 2-q1 990 Accepted by: COVENANTOR CONCORD INVESTMENTS, a California CITY OF FRESNO General Partnership a Municipal Co oration By By Patricia Busick Herogian Family Alvin P. Solis, Director Trust, Its General Partner a9 Development Department f� /� l By • Patricia Busick Herogian, APPROVED AS TO FORM: Trustee HARVEY WALLACE City At me ByL (Attach Notary Acknowledgement) Depu y STATE OF CALIFORNIA ) ) ss. COUNTY OF FRESNO ) On this 51h, day of in the year /990 , before me personally appeared _ rv, , 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 cvnl.�-�-� Deputy LR: jld LAND12 : 191 EXHIBIT "A" A PORTION OF LOT 61 OF PERRIN COLONY NO. 2, ACCORDING TO THE AMENDED MAP THEREOF RECORDED IN VOLUME 4 OF PLATS AT PAGE 68, FRESNO COUNTY RECORDS, DESCRIBED AS FOLLOWS : BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 61 , THENCE NORTH 89- 07 ' 12" EAST, ALONG THE NORTH LINE OF SAID LOT 61 , A DISTANCE OF 491 . 36 FEET, THENCE SOUTH 00° 52 ' 48" EAST A DISTANCE OF 306 . 98 FEET, THENCE SOUTH 12° 23 ' 00" WEST A DISTANCE OF 143 . 84 FEET, THENCE SOUTH 000 52' 48" EAST A DISTANCE OF 115 . 00 FEET TO A POINT ON THE NORTH LINE OF TRACT NO. 3351, ACCORDING TO THE MAP THEREOF RECORDED IN VOLUME 41 OF PLATS AT PAGES 53 AND 54 , FRESNO COUNTY RECORDS, THENCE SOUTH 89° 07 ' 12" WEST, ALONG THE NORTH LINE OF SAID TRACT NO. 3351, A DISTANCE OF 463 . 31 FEET, TO A POINT ON THE WEST LINE OF SAID LOT 61, THENCE NORTH 00° 22' 32" WEST, ALONG SAID WEST LINE, A DISTANCE OF 562. 00 FEET TO THE POINT OF BEGIN— NING. FOR PURPOSES OF THIS DESCRIPTION THE NORTHWEST CORNER OF LOT 61 IS ASSUMED TO BE 30 FEET SOUTH AND 30 FEET EAST OF THE WEST QUARTER CORNER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 20 EAST, MOUNT DIABLO BASE AND MERIDIAN, FRESNO COUNTY RECORDS. STATE OF CALIFORNIA . . .SS COUNTY OF FRESNO. . . . . . . . ON THIS 6th DAY OF Auf�ust , 1990, E\BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, RESIDING THEREIN, DULY COMMISSIONED AND SWORN, PERSONALLY APPEARED Patricia Busick Hero ian < OF PATRICIA BUSICK HER )GI AN. FAMILY TRUST AND PROVED TO ME �� BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON WHO EXECUTED THE <W— F— ` WITHIN INSTRUMENT ON BEHALF OF THE SAID TRUST. THE SAID TRUST THAT <$<� �cYV� EXECUTED THE WITHIN INSTRUMENT ON BEHALF OF COCORD INVESTMENTS. 0 U U yv A CALIFORNIA GENERAL PARTNERSHIP. AND ACKNOWLEDGED TO ME THAT SUCH TRUST EXECUTED THE SAME AS SUCH PARTNER AND THAT SUCH PARTNERSHIP o �W W ALL EXECUTED THE SAME. WITNESS MY HAND MY COMMISSION EXPIRES Dec. 14 1993COUNTY OF Fresno �L ' N TARY PUBLIC DAME: Jeri J. Morrelli