The URL can be used to link to this page

Home My WebLink AboutT-4157 - Agreement/Covenant - 6/27/2006 (2) C EWPAL TI C®�APAldY AT_______MIN. PAST IW 91023659 F E 8 27 1991 FRESNO COUNTY.CALIFORNIA WILLIAM C.GREENWOOD.County Recorder PLEASE CONF0100 ' � F - ---------------SPACE ABOVE V77 BORcEoRES S -- ---------------- P.W. File No . 9051 Development Department UGM No . 382 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK AND CREATION OF LIEN Tract No . 4157 For Condominium Purposes "Cascades of Fresno" RECITALS WHEREAS, CLARENCE J. FERRARI , JR. , Trustee of THE DEMMON FAMILY TRUST, and THE DEMMON FAMILY PARTNERSHIP, 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. 4157, consisting of Two (2) 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 J Covenant/UGM Park Fees & Creation of Lien Tract No . 4157 Page 2 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 Thirty Thousand Two Hundred Ninety-Six and 70/100 Dollars ($30, 296 . 70) for the following : UGM Neighborhood Park Fee Service Area No. 1 Zone District : R-2/UGM 13 . 74 Gross Ac @ $2 , 205 . 00/Ac = $30, 296 . 70 Total Estimated Amount $30, 296 . 70 ; 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 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, . Cavenantor 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 . Covenant/UGM Park Fees & Creation of Lien Tract No . 4157 Page 3 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. 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 . Covenant/UGM Park Fees & Creation of Lien Tract No . 4157 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 . i DATED: JOS l CLQ rj 23 199'f Accepted by: COVENANTOR CITY OF FRESNO THE DEMMON FAMILY TRUST a Municipal Corporation By Alvin P. Solis , Director By: Development Department (Q—Trus ee of The Demmon FamilyTrust APPROVED AS TO FORM: HARVEY WALLACE THE DEMMON FAMILY PARTNERSHIP City Attorney a California General Partnership By 3'. � eputy By: Ro . Demon, General Parcener LR:mv LAND80/1097+ By: The Demmon Family Trust , General Partner By: CQ—Trus ee of The Demmon Family Trust (Attach Notary Acknowledgement) ss: COUNTY OF G`w On this z Lt11_1 day of , 19911 before me, the undersigned, a notary pu c in a the county and state, residing therein, duly c mmissi?he d and sworn; personally appeared Roger D. Wintle, Co—Trustee of Demmon Family Trust, and proved to me on the basis of satisfactory evidence to be the person who executed the within instrument on behalf of said Trust, the Trust that executed the within instrument on behalf of the Demmon Family Partnership, a California general partnership, and acknowledged to me that such Trust executed the same as such partner and that such partnership executed the same. Orr;c;.A; NICIARv SEAL WITNES Y HAN AND F CIAL S AL SA NJ• �.i�RA COUNTY E OCl 31 1994 My Commission Expires: 6 STATE OF CALIFORNIA ) SS. COUNTY OF SANTA CLARA ) On DECEMBER 27, 1990, before me, the undersigned, a Notary Public State of California, duly commissioned and sworn, personally appeared ROY E. DEM MON, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person that executed this instrument, on behalf of the partnership, and acknowledged to me that the partnership executed it. IN WITNESS WHEREOF I have hereunto set my, hand and affixed my official seal in the Count} of SANTA CLARA the day and year in this certificate first above written. tw^*++^4�t,t,r,tw,rrt+r,►+tir�►,t*w �-/� OFFICIAL SEAL * LYNN MARSILI .-.• Notary+ Public, State of California NOTARY PUBLIC•CALIFORNIA * SANTA CLARA COUNTY MY COMMISSION EXPIRES JULY 13,1993 **itlrrrittlrit#it#it##tt#t�r.tt#,tit* Covenant/UGM Park Fees & Creation of Lien Tract No . 4157 Page 5 STATE OF CALIFORNIA ) ss . COUNTY OF FRESNO ) On th's / � da of � Cr 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 Deputv STATE OF CALIFORNIA ) s s: COUNTY 19fq before me, On his he .2 ay of the undersigned, a Notary ersonally appeared ROGER Public in and for said County and State, P the person whose name is D. WINTLE, personally known to me to be subscribed to the within instrument as Co-Trustee of the Demmon Family Trust, one of the parties that executed the within instrument, and acknowledged to me that he executed the within instrument on behalf of said Trust and acknowledged to me that tre Trust executed it. WITNESS my hand and official s1 . FIC�AINJTARVSEAL NOTARY PUBLIC, S ate of Cal for C r rrE uLANCHA::O � ; ;ubi�c-Calitocnia r My Commission Expires: v CLARA COUNTY y G_...n. txp res OCT 311994 s , a , EXHIBIT "A" The Subject Property referred to in these Covenants is situated in the State of California, County of Fresno , City of Fresno and is described as follows : That portion of Lots 74 , 75 and 76 of Perrin Colony No . 2 , . in the City of Fresno, Fresno County, California, according to the amended map thereof recorded in volume 4 of Plats at Page 68 , Fresno County Records , described as follows : COMMENCING 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 thereof 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 840 34 ' 25" West) ; thence Northerly, along said curve, through an interior angle of 010 36 ' 24" , an arc distance of 25 . 24 feet to the TRUE POINT OF BEGINNING of this description; thence continuing Northerly along said curve, through an interior angle of 110 23 ' 3611 , an arc distance of 178 . 97 feet to the Point of Tangency; thence North 180 00 ' 00" East, a distance of 108 . 15 feet to the Point of Curvature of a curve, concave to the West , having a radius of 500 . 00 feet ; thence . Northerly along said curve, through an interior angle of 290 00 ' 00" , an arc distance of 253 . 07 feet to the Point of Tangency; thence North 1111 00 ' 00" West , a distance of 98 . 43 feet to the Point of Curvature of a curve, concave to the East, having a radius of 450 . 00 feet; thence Northerly along said curve, through an interior angle of 33' 46 ' 19" , an arc distance of 265 . 25 feet; thence South 67' 13 ' 41" East, a distance of 90 . 00 feet; thence South 42' 44 ' 46" East, a distance of 60 . 00 feet; thence South 3811 42 ' 49" East, a distance of 60 . 00 feet; thence South 37' 22 ' 30" East, a distance of 60 . 00 feet; thence South 360 25 ' 15" East, a distance of 60 . 00 feet ; thence South 350 27 ' 59" East , a distance of 60 . 00 feet ; thence South 340 30 ' 43" East , a distance of 60 . 00 feet; thence South 330 34 ' 01" East , a distance of 60 . 00 feet ; thence South 330 12 ' 52" East, a distance of 409 . 36 feet; thence South 530 57 ' 44" West, a distance of 100 . 00 feet; thence South 78' 52 ' 51" West, a distance . of 584 . 42 . feet . to the TRUE POINT OF BEGINNING . TOGETHER WITH: That portion of Lots 74 , 75 , 76 and 113 of Perrin Colony No . 2 , in the City of Fresno , Fresno County, California , according to the amended map thereof recorded in Volume 4 of Plats at Page 68 , Fresno County Records , described as follows : COMMENCING 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 thereof 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 840 34 ' 25" West) ; thence Northerly, along said curve, through an interior angle of 010 36 ' 2411 , an arc distance of 25 . 24 feet to the TRUE POINT OF BEGINNING of the description; thence continuing Northerly along said curve, through an interior angle of 110 23 ' 36" , an arc distance of 178 . 97 feet to the Point of Tangency; thence North 181 00 ' 00" East, a distance of 108 . 15 feet to the Point of Curvature of a curve, concave to the West , having a radius of 500 . 00 feet ; thence Northerly along said curve, through an interior angle of 290 00 ' 00" , an arc distance of 253 . 07 feet to the Point of Tangency; thence North 110 00 ' 00" West, a distance of 98 . 43 feet to the Point of Curvature of a curve, concave to the East, having a radius of 450 . 00 feet; thence Northerly along said curve, through an interior angle of 220 49 ' 49" , an arc distance of 179 . 31 feet ; thence North 780 10 ' 11" West, a distance of 30 . 00 feet ; thence North 580 31 ' 27" West, a distance of 160 . 25 feet; thence South 410 29 ' 00" West, a distance of 440 . 00 feet; thence South 110 28 ' 02" East a distance of 410 . 31 feet ; thence South 620 25 ' 13" East, a distance of 345 . 94 feet to the TRUE POINT OF BEGINNING. LR:mv LAND80/1097+