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Home My WebLink AboutT-4159 - Agreement/Covenant - 6/27/2006 (2) r r Ktl QKU.�.,Ns I yr 01 31.�%i�Ov �:cNTR{�tL 11� CU'+nit�r,i r. AT IN. PAS7/ _f JUN 17 199 FFta.%.i GUUNTY,k:AurORN1A WILLIAM C.GREENWOOD,County Recorder PLEASE CONFORM 40 F -------------------ABOVE SPACE BVMpL" --------- P.W. File No. 8995 Development Department UGM No . 370 City of Fresno STATEMENT OF COVENANTS i. FOR UGM PARK FEES AND CREATION OF LIEN La Chapelle Estates rita RECITALS l . WHEREAS, Westwood Partners, a General Partnership, hereina4ter 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" . an'd more particularly described in attached Exhibit "A" , said propgFty being further subdivided by the final map of Tract No . 4159 , ` consisting of Thirty-Six (36) lots; and WHEREAS, the Covenantor hereby warrants that any and all paa�j.ties having record title interest in the Subject Property which may,E,ipen into a fee have subordinated to this instrument; and S.JT WHEREAS, all such instruments of Subordination, if any, arq attached hereto and made a part of this instrument; and z 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 Nine Thousand One Hundred Thirty-Five and 58/100 Dollars ($9, 135 .58) for the following: Statement of Covenants Tract No . 4159 La Chapelle Estates Page 2 UGM Neighborhood Park Fee Service Area No . 1 Zone District : R-1/UGM 8 . 29 Gross Ac @ $1, 102 . 00/Ac = $9 , 135 . 58 Total Estimated Amount $9 , 135 . 58; 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 . Each of the covenants , conditions, and restrictions contained in P Statement of Covenants Tract No . 4159 La Chapelle Estates Page 3 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 . Whenever the context of the Statement so requires , in interpreting this Statement, any gender includes the other genders, the singular r f, Statement of Covenants Tract No . 4159 La Chapelle Estates Page 4 includes the plural, and the plural includes the singular . DATED: CITY OF FRESNO, COVENANTOR a Municipal Corpor //t//ion By WESTWOOD PARTNERS, a General Alvi P. Solis, Director Partnership Development Department t By: APPROVED AS TO FORM: Andes Corporation, a California Corporation, Partner HARVEY WALLACE City Attorney By: By V Larry O. Mesple, Deputy President (Attach Notary Acknowledgment) CLERK' S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss . CITY OF FRESNO ) On this 3A-d- day of in the year before me personally appeared 9 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 City Clerk By C� Y,cLy .�►� »lk,. eputy LR: jld LAND106/+1403 STATE OF CALIFORNIA 1 SS. COUNTY OF Frernn ) On this I 5th day of Arld in the year of 1991 before me, the undersigned, a Notary Public in and for said County and State, personally appeared Larry 0. Mesple IL personally known to me (or proved to me on the basis of satisfactory evidence) to be the President, and cc W 9 personally known to me (or proved to me on the basis of satisfactory IL z evidence) to be the 1= O OFFICIAL SEAL 1= xz**x y of Andes Corporation MARIAN MEDLEN g the corporation that executed the within instrument and known to me to be the persons who executed the within instrument on behalf of said �ti a1 NOTARY'UREIC CALIFORNIA vC corporation, id corporatio being known to me to be one of the �� ' PRUXIPAL OFFICE IN v partners of the FRESNO COUNTY partnership that executed th within instrument, and acknowledged to COntmiss on Ex fres 21, 19!);{ 'me th t ch corporation exe d the same as such partner and that nership executed t e. MARMN MEDLEN Name (Typed or Printed) Notary Public in and for said County and State FOR NOTARY SEAL OR STAMP CT-7a I' Statement of Covenants Tract No . 4159 La Chapelle Estates Page 5 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 LOT 63 OF PERRIN COLONY NO. 2, IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA, ACCORDING TO THE AMENDED MAP THEREOF RECORDED IN VOLUME 4 PAGE 68 OF PLATS, FRESNO COUNTY RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 63 ; THENCE NORTH 00° 22 ' 36" WEST, ALONG THE WEST LINE OF SAID LOT 63, A DISTANCE OF 659 . 82 FEET TO THE NORTHWEST CORNER OF SAID LOT 63 , SAID POINT ALSO BEING THE SOUTHWEST CORNER OF LOT 62 OF SAID PERRIN COLONY NO. 2; THENCE NORTH 890 10 ' 38" EAST, ALONG THE NORTH LINE OF SAID LOT 63, A DISTANCE OF 836 . 93 FEET TO A POINT ON THE CENTERLINE OF THE ENTERPRISE CANAL; THENCE SOUTH 320 36 ' 35" WEST, ALONG SAID CENTERLINE, A DISTANCE OF 245 . 67 FEET; THENCE CONTINUING ALONG SAID CENTERLINE SOUTH 330 06 ' 41" WEST, A DISTANCE OF 548 .38 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 63 ; THENCE SOUTH 891 12 ' 22" WEST, ALONG THE SOUTH LINE OF SAID LOT 63 , A DISTANCE OF 400 . 58 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF SAID LOT 63 DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID LOT 63 , SAID POINT BEING NORTH 890 12 ' 22" EAST, A DISTANCE OF 12 .00 FEET FROM THE SOUTHWEST CORNER 'OF SAID LOT 63 ; THENCE NORTH 000 22 ' 36" WEST, PARALLEL TO THE WEST LINE OF SAID LOT 63 , A DISTANCE OF 159 . 91 FEET; THENCE NORTH 890 12 ' 22" EAST, A DISTANCE OF 340 . 00 FEET; THENCE SOUTH 000 47 ' 38" EAST, A DISTANCE OF 20 . 00 FEET; THENCE NORTH 890 12 ' 22" EAST, A DISTANCE OF 141 . 54 FEET TO A POINT ON THE CENTERLINE OF THE ENTERPRISE CANAL; THENCE SOUTH 330 06 ' 41" WEST, ALONG SAID CENTERLINE, A DISTANCE OF 168 . 57 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 63; THENCE SOUTH 891 12 ' 22" WEST, ALONG THE SOUTH LINE OF SAID LOT 63, A DISTANCE 388 . 68 FEET TO THE POINT OF BEGINNING. LR:jld LAND106/+1403