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Home My WebLink AboutT-4142 - Agreement/Covenant - 7/5/2006 (2) A --.: ...MIN. PAST.. .. A 90116934 SEP 2'71990 FRESNO.-IOUtM.CALIFORNIA GALEN LARSON,County Rt-,order „ F CONFORM $ GY DEPUTY SECORDER -------------------SPACE -ABOVE FOR RECORDER' S U E------------------- P.W. File No . 8939 Development Department UGM No . 374 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK, FIRE STATION AND TRUNK SEWER FEES AND CREATION OF LIEN Tract No . 4142 RECITALS WHEREAS, LESLIE P. BUSICK, Trustee of that certain Trust Agreement dated June 11, 1974 , 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 . 414-2 , consisting of One Hundred Fifty-Three (153) 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 WHEREAS, the Subject Property is subject to UGM Park, Fire Station and Trunk Sewer fees pursuant to Sections 12-4 . 508 and 12-4 . 509 of the Fresno Municipal Code and Resolution No. 83-40 in Covenant/T-4142 UGM Park, Fire Station & Trunk Sewer Fees Page 2 the estimated amount of. Eighty-Two Thousand Three Hundred Seventy and 32/100 Dollars ($82 ,370 .32) for the following : UGM Fire Station Fee Service Area No. 14 Zone District : R-1/UGM 30 .49 Gross Ac @ $547.00/Ac $16, 678 . 03 UGM Neighborhood Park Fee Service Area No. 5 Zone District: R-1/UGM 30 .49 Gross Ac @ $1, 695.00/Ac $51, 680 . 55 UGM Trunk Sewer Fee Service Area: Grantland Trunk Line Zone District: R-1/UGM 29 .07 Gross Ac @ $482 .00/Ac = $14 , 011.74 Total Estimated Amount $82,370 .32 ; 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, Fire Station and Trunk Sewer 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, Fire Station and Trunk Sewer fees attributable to development of Subject Property shall be Covenant/T-4142 UGM Park, Fire Station & Trunk Sewer Fees Page 3 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. Covenant/T-4142 UGM Park, Fire Station & Trunk Sewer Fees 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 . DATED: ' )VGV'T (0 IMO Accepted by: COVENANTOR CITY OF FRESNO LESLIE P. BUSICK, Trustee of a Municipa Co rat on that certain Trust Agreement dated J ne 1 1974 BY Alvin P. Solis, Director Development Department eslie P. Busick, Trustee APPROVED AS TO FORM: HARVEY WALLACE City Attorney -By --Heyuty (Attach Notary Acknowledgement) LR:mv 8287D/682 STATE OF NEVADA • SS. COUNTY OF WASHOE On this 30th day of August, in the year 1990, before me, the undersigned, a Notary Public in and for said county and State, personally appeared LESLIE P. BUSICK, Trustee of that certain Trust Agreement dated June 11, 1974, personally known to me (orproved to me on the basis of satisfactory evidence) to be.the person whose name is subscribed to the within instrument and acknowledged that he executed the same, as Trustee. ROBIN E. ORR Notary Public in and for said County and State �INNNMINIINYNIfr�.M�t»n..Nifiw...N.MIN. ROBIN ORR Stata of Nevada ,i '—ordA In Washoe County 1 MY APP01WIAENT EXPIRES FEB. 11, 1991 f �INMNNIIMMINNNIIINNMNNNNNMNNNINNNNINNIM•NNININNNpgNMN1yNP:.NNIINININNNNq/1 y. 7-,--- Covenant/T-4142 UGM Park, Fire Station & Trunk Sewer Fees Page 5 STATE OF CALIFORNIA ) ) ss . COUNTY OF FRESNO ) On this ?9 HI,, day of ,� year /990 in the , before me Q�nd-" Akpersonally 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 Cvn22�A-4 �_ Debuty LR:mv 8287D/682 EXHIBIT "A' Tract No . 4142 The Subject Property referred to in these covenants is situated in the State of California, County of Fresno, and is described as follows : That portion of Lot 261 through 264 inclusive and Lots 298 through 302 inclusive, of J. C. Forkner Fig Gardens Subdivision No. 3 , according to the map thereof recorded in Volume 8 , page 79 of Plats , Fresno County Records, together with those portions of West Palo Alto Avenue vacated by operation of law, described as follows : COMMENCING at the Northeast corner of said Lot 261, thence South 000 41' 59" West along the East line of said Lots 261 and 302 a distance of 1, 312 .78 feet to the Southeast corner of said Lot 302; thence South 890 41 ' 54" West along the South line of said Lot 302 a distance of 17 . 00 feet; thence leaving said South line North 000 41 ' 59" East a distance of 19 . 23 feet; thence North 890 18 ' 01" West a distance of 150 . 00 feet; thence North 00°41 ' 59" East a distance of 96 . 53 feet; thence South 890 37 ' 58" West a distance of 706 . 64 feet; thence North 780 25 ' 35" West a distance of 74 .36 feet; thence North 590 30 ' 44" West a distance of 137. 57 feet; thence North 450 40 ' 46" West a distance of 209 . 00 feet; thence North 270 07 ' 17" West a distance of 159 . 32 feet; thence North 450 40 ' 46" West a distance of 125 . 00 feet; thence North 440 19 ' 14" East a distance of 11.55 feet to the beginning of curve concave Southeasterly having a radius of 400 . 00 feet; thence Northeasterly along said curve through a central angle of 060 54 ' 52" , an arc distance of 48 . 27 feet to a point on the North line of said Lot 298; thence continuing Northeasterly along said curve through a central angle of 080 59 ' 23" , an arc distance of 6.2 . 76 feet to a point on the centerline of West Palo Alto Avenue; thence North 8911 39 ' 55" East along the centerline of West Palo Alto Avenue a distance of 162 . 62 feet to a point on a non-tangent curve concave Southerly whose radius point bears South 050 54 ' 26" East a distance of 350 . 00 feet; thence Easterly along said curve through a central angle of 050 32 ' 24" , an arc distance of 33 . 84 feet; thence North 890 37 ' 58" East a distance of 125 . 14 feet to a point on the Southerly prolongation of the East line of said f Exhibit "A" Tract No. 4142 Page 2 Lot 264 ; thence North 00' 38 ' 23" East, along said Lot 264 ; thence North 000 38 ' 23" East along said East line and its Southerly prolongation, a distance of 50 .01 feet; thence North 890 37 ' 58" East, a distance of 25. 13 feet; thence North 000 22 ' 02" West a distance of 373 .00 feet; thence South 890 37' 58" West a distance of 2 . 67 feet; thence North 00' 22 ' 02" West a distance of 231. 00 feet to a point on the North line of said Lot 263 which bears North 890 37' 58" East a distance of 11.84 feet from the Northwest corner thereof; thence North 89' 37' 58" East along the North line of said Lots 263, 262 and 261 a distance of 954 . 95 feet to the POINT OF COMMENCEMENT. LR:mv 8296D/682