HomeMy WebLinkAboutT-4101 - Agreement/Covenant - 6/27/2006 (2) &SCOMID AT M QU66T Of
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900'76163 A _...Mlk PAST..
JUN 2 9.1990
OWSNli CWp4j ;ALWOO"IA
GALEN LARSON.County Recce
PLEASE CONFORM F
-------------------SPACE ABOVE F0§1ljp� 1
P.W. File No . 9000 Development Department
UGM No. 366 City of Fresno
STATEMENT OF COVENANTS
FOR UGM PARK FEES
AND CREATION OF LIEN
tri` 1 `41D �.;
RECITALS
WHEREAS, Leo Wilson Co. , 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 . 4101,
consisting of Sixty-Seven (67) 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
Subdividion Agreement
Tract No . 4101/UGM 366
Page 2
WHEREAS, the Subject Property is subject to UGM Park fees
pursuant to Sections 12-4 . 508 of the Fresno Municipal Code in the
estimated amount of Thirty Thousand Nine Hundred and 55/100 Dollars
($30, 900 . 55) for the following :
UGM NEIGHBORHOOD PARK FEE
Service Area No . 1
Zone District R-Z UGM
(Lots 1-28, 34-67)
Proration of total $33,405 . 75 $30, 900 . 55
Total Estimated Amount $30, 900. 55 ; 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 :
Subdividion Agreement
Tract No . 4101/UGM 366
Page 3
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 .
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.
Subdividion Agreement
Tract No. 4101/UGM 366
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 .
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 .
Page 5
•
DATED: June 27, 1990
Accepted by: COVENANTOR
CITY OF FRESNO LEO WILSON Co . , INC.
a Municipal Corporation a Californ' a Corporation
II�
By l By
Alvin P. Solis, Director Le f7son, President
Development Department
APPROVED AS TO FORM:
HARVEY WALLACE
City Atto ney
Y
Deputy (Attach Notary Acknowledgement)
STATE OF CALIFORNIA )
ss .
COUNTY OF FRESNO )
On this 27th day of June in the year 1990
before me Cindy Hamby personally appeared Alvin Solis
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
i, acknowledged to me that the City of Fresno executed it .
JACQUELINE L. RYLE, CMC
' City Clerk
By �OL�h
D putt'
CORPORATE ACKNOWLEDGMENT NO.202
r
State of California On this the 7t day of June 19 9Q before me,
1
` w SS.
County of Fresno Patricia A. Bixler
the undersigned Notary Public,personally appeared
Leo A. Wilson
f$ personally known to me
O proved tome on the basis of satisfactory evidence
OFICIAL SEAL to be the person(s)who executed the within instrument as
PATRICIA A. BIXLER president
NOTARY PUBLIC-CALIFORNIA or on behalf of the corporation therein
NOTARY BOND FILED IN named,and acknowledged to me that the corporation executed it.
t. FRESNO COUNTY
FtCognt"I"jon jM,,,,y 12.1M WITNESS my hand and official seal.
Notary's Signature
EXHIBIT 'A'
The Subject Property referred to in this Agreement is situated in
the State of California, County of Fresno, and is described as
follows :
That portion of Lots 75 , 76 and 77 of Perrin Colony No . 2,
in the City of Fresno, County of Fresno, State of
California, according to the amended map thereof in
Volume 4 of plats at page 68, Fresno County Records,
described as follows :
Beginning at the intersection of the centerline
of North Saybrook. Drive with the Southeasterly
prolongation of the Northerly line of Lot 1 of
Tract No . 3846 according to the map recorded in
Volume 45 of Plats at pages 57 and 58, Fresno
County Records, said intersection being a point
on a non-tangent curve, concave to the East,
having a radius of 900 . 00 feet (the radial at
said point bears North 850 00 ' 00" West) ; thence
Northerly, along said curve, through an interior
angle of 10 36 ' 24" , an arc distance of 25 . 24
feet; thence North 780 52 ' 51" East, a distance
of 584 . 42 feet; thence South 470 58 ' 03" East,
524 .87 feet to a point on the centerline of East
Perrin Avenue, said centerline being a
non-tangent curve, concave to the Southeast,
having a radius of 1, 200 . 00 feet (the radial at
said point bears North 550 45 ' 25" West) ; thence
Southwesterly along said curve and said
centerline, through an interior angle of
060 50 ' 34" , an arc distance of 143 .32 feet to
the point of tangency; thence South 27° 24 ' 12"
West, a distance of 35 .26 feet; thence North
620 36 ' 00" West, a distance of 42 . 00 feet to a
point on the Northwesterly right-of-way line of
North Perrin Avenue, said point also being the
point of tangency of a curve concave to the
northwest, having a radius of 958 .00 feet;
thence Southwesterly along said curve and said
right-of-way line, through an interior angle of
270 51 ' 00" , an arc distance of 465 . 66 feet to
the point of tangency; thence continuing along
said right-of-way line, South 550 15 ' 00" West,
a distance of 183 . 15 feet to the point of
curvature of a curve concave to the Southeast,
having a radius of 1,342 . 00 feet; thence
Southwesterly along said curve and right-of-way
line, through an interior angle of 30 57 ' 15" ,
an arc distance of 92 . 62 feet to the corner
cutoff at the intersection of East Perrin Avenue
and North Saybrook Drive (the radial to said
point bears North 380 42 ' 15" West) ; thence
North 840 28 ' 16" West along said corner cutoff
Exhibit 'A'
T-4101
Page 2
a distance of 16 . 01 feet to a point of the
Easterly right-of-way of North Saybrook Drive;
thence North 400 27 ' 36" West, a distance of
57 . 12 feet to the point of curvature of a curve
concave to the East, having a radius of 970 . 00
feet; thence Northeasterly along said curve, and
said right-of-way through an interior angle of
410 27 ' 36" an arc distance of 701 . 91 feet to
the point of tangency; thence North 010 00 ' 00"
East along said right-of-way, a distance of
100 . 00 feet to the point of tangency of a curve
concave to the East, having a radius of 870 . 00
feet; thence Northerly along said curve and said
Easterly right-of-way of North Saybrook Drive
through an interior angle of 040 00 ' 00" an arc
distance of 60 . 73 feet; thence North 850 00 ' 00"
West a distance of 30 . 00 feet to the Point of
Beginning.
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