HomeMy WebLinkAboutT-4191 - Agreement/Covenant - 2/3/2009 (2) 92104689 KW (1 A I RLy,,.r 10
RgruRrr TO CENTRAL LE COMPANr
CITY OF FRESNO
DEVEI.OP%Ua4T DEPARTMENT AT M. PAST
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2600 Fre o Stred
FRESNO`A 93721-3604 AM 7 1992
FRESNO COUNTY,CALIFORNIA
PLEASE CONFORM WILLIAM C.GREENWOOD,County Recorder
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-------------------ABOVE SPACE FOR RECOR�pp��ERTROEA
P.W. File No . 9054 Development Department
UGM No . 454 City of Fresno
STATEMENT OF COVENANTS
FOR UGM PARK FEES
AND CREATION OF LIEN
Tract No . 4191
(Phase I of Tentative Tract No . 4191)
RECITALS
WHEREAS, WOODWARD CLASSICS ESTATES II , a California Limited
Partnership, Louis Woods, a Married Man, as his sole and separate
property, Richard Snyder, Irmgard Snyder, Husband and Wife, as Joint
Tenants , 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 . 4191, consisting of One Hundred Sixty-Five (165) 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
Statement of Covenants
For UGM Park Fees
Page 2
WHEREAS, the Subject Property is subject to UGM Park fees
pursuant to ( (Sections 12-4 . 508 and / 12-4 . 509 of the Fresno
Municipal Code / and Resolution No . 83-40) ) in the estimated amount
of Eighty-Six Thousand Six Hundred Twelve 50/100 Dollars
($86 , 612 . 50) for the following :
UGM Neighborhood Park Fee
Service Area No . 7
Zone District : R-1/UGM
51 .25 Gross Ac @ $1, 690 . 00/Ac = $86, 612 . 50 ; 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.
Statement of Covenants
For UGM Park Fees
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 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 .
STATE OF CALIFORNIA}
COL'`-IY OF FRESNO }
On JttnE._12 . 19 9Z.....before me, the undersigned. a Notary Public in
and for said County and State. personally appeared Richard--a.--Snyder-.and•-lra-►agar-d-Snyder
--------------------------------- --
known to be to be the person!____ whose name_S------3re?diCcubscribed to the within instrument, and
acknowledged to me chat the executed the same.
= OFFICIAL SEAL
JOAN CYCON
WTAAY MIX -CAUFOMI C�G
my GOWAL GWW No.tsfi,t Notar s Si
. y' Signature
J n Cycon
S'L'ATE OF CALIFORNIA}
COUNTY OF FRESNO }
On. June 10j ....................... 19__92 before me, the undersigned. a Notary Public in
and for said State,personally appeared •___-Gary_Mason
----------------------------------------------------------------------------------------------------------------
personally known to me to be the ___Pj;p _•__________________ of the corporation that executed the
within instrument and personally known to me to be the person who executed the within instrument on behalr of
said corporation.said corporation being personally known to me to be one of the partners of______________________
[algp�lwar�i_�las �__Es t�_des__II_______________________________•_-__ the partnership that
executed the within instrument.and acknowledged to me that such corporation executed the same as such partner
and that such partnership executed the same.
wlT\�SS-� hand and official seal. 4t1IC211r
/)
OJOANC�DYGON
ate-- �- - --- o CJoan Cycon 1tlr Ct OM allli M
STATE OF CALIFOR`IAJ
COUNTY OF FRESNO }
On----`Ill.LLE--J-z•- 19 92 __before me. the undersigned, a Notary Public in
------------------------ •-----------
and for said County and State. personally appeared --------Lours-.WOOdS-______________•_-_-__-_____-___
known to be to be the person-.-.- whose name--------------is subscribed to the within instrument, and
ackttowledgcd to me that a xc ut d the same.
O><i2Ci>11L 1i=7►L
JAN CYCON
RO34 ��A2 MA A1C•CALWO1M"pl3�to ootr«trIGS= t:�P- --------------
wr. ts.tans - yft awm Notary's Signature Joan C con
v
Statement of Covenants
For UGM Park Fees
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 .
DATED: 2
COVENANTOR
CITY OF FRESNO, WOODWARD CLASSICS ESTATES II , A
a Municipal rp ra ion Californi41ne Partnership
GARY M . ,
By as Gen
Alvin P. Solis, Director
Development Department By:
GaX,. a
s n, President
APPROVED AS TO FORM: Louis WoodMarried Man, as his
sole and separate property
HARVEY WALLACE
City Attorne
OUIS WOODS
By Richard D. Synder, Irmgard Snyder,
e uty Hu a, d If e s Joint Tenants
ICHARD D. SYN99R
IRMGAR SNYDER
(Attach Notary Acknowledgment)
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Revised: 6/02/92
Statement of Covenants
For UGM Park Fees
Page 5
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss .
CITY OF FRESNO )
On this day of in the year /9 9 Z before
me , personally appeared
ui , 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
Deputy
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GL2 L25 or L27 and L29
Tract No . 4191
EXHIBIT 'A'
Parcel 1 :
The East half of Lot 26 of Garfield Park Colony, in the County of
Fresno, State of California, according to the Map thereof recorded
in Book 2 Page 66 of Record of Surveys, Fresno County Records .
Excepting therefrom the East 153 feet of the South 569 . 4 feet
thereof .
Parcel 2 :
The West half of Lot 26 of Garfield Park Colony , in the County of
Fresno, State of California, according to the map thereof recorded
in Book 2 Page 66 of Record of Surveys, Fresno County records .
Excepting therefrom the West 33 1/2 feet .
Parcel 3 :
The South 1/2 of Lots 23 and 24 , Garfield Park Colony, in the County
of Fresno, State of California, as per map recorded in Book 2
Page 66 of Record of Surveys, Records of said County.
Excepting therefrom:
The Northerly 270 . 00 feet of the South Half of Lot 24 of said
Garfield Park Colony; together with that portion of the Northerly
270 feet of the South half of Lot 23 of Garfield Park Colony lying
Westerly of a line that is parallel with and 764 . 00 feet Easterly of
the West line of Lot 24 of said Garfield Park Colony.
Parcel 4 :
That portion of Lots 25 and 26 of Garfield Park Colony, in the
County of Fresno, State of California, according to the map thereof
recorded in Book 2 Page 66 of Record of Surveys, more particularly
described as follows : , to wit :
Commencing at the Southwest corner of said Section 25 ; thence
Easterly and along the South line of said Section 25, a distance of .
30 . 00 feet ; thence Northerly parallel with and distance 30 feet
Easterly of the west line of said Section 25, a distance of
662 . 22 feet to the true point of beginning of this description;
thence continuing Northerly and along said line a distance of
662 . 22 feet, more or less , to the Northwest corner of said Lot 25 ;
thence Easterly and along the North line of said Lots 25 and 26 a
distance of 662 . 08 feet, more or less , to a point which lies
33 . 5 feet East of the Northwest corner of said Lot 26; thence
Southerly parallel with and distant 33 . 5 feet East of the West line
of said Lot 26, a distance of 662 . 64 feet; thence westerly a
distance of 662 . 20 feet, more or less, to the true point of
beginning of this description.
Tract No . 4191
EXHIBIT "A" (Continued)
Also Excepting therefrom the North 314 . 70 feet thereof .
Parcel 5 :
The North 157 . 35 feet of the portion of Lots 25 and 26 of Garfield
Park Colony, in the County of Fresno, State of California , according
to the map thereof recorded in Book 2 , Page 66 of Record of Surveys ,
Fresno County Records , Mount Diablo Base and Meridian, and being
more particularly described as follows, to wit :
Commencing at the Southwest corner of said Section 25 , Thence
Easterly and along the South line of said Section 25 a distance of
30 . 0 feet ; thence Northerly parallel with and distant 30 feet
Easterly of the West line of said Section 25 , a distance of
662 .22 feet to the true point of beginning of this description;
thence continuing Northerly and along said line a distance of
662 . 22 feet more or less to the Northwest corner of said Lot 25 ;
thence Easterly and along the North line of said Lots 25 and 26 a
distance of 662 . 08 feet more or less to a point which lies 33 . 5 feet
East of the Northwest corner of said Lot 26 ; thence Southerly
parallel with and distance 33 . 5 feet East of the West line of said
Lot 26 a distance of 662 . 64 feet; thence westerly a distance of
662 . 20 feet more or less to the true point of beginning of this
description;
Parcel 6 :
The South 157 . 35 feet of the North 314 . 70 feet of that portion of
Lots 25 and 26 of Garfield Park Colony, in the County of Fresno ,
State of California, according to the map thereof recorded in Book 2
Page 66 of Record of Surveys , Fresno County Records, and being more
particularly described as follows , to wit :
Commencing at the Southwest corner of said Section 25, thence
Easterly and along the South line of said Section 25 , a distance of
30 . 0 feet ; thence Northerly parallel with and distant 30 feet
Easterly of the West line of said Section 25 , a distance of
662 . 22 feet to the true point of beginning of this description;
thence continuing Northerly and along said line, a distance of
662 . 22 feet, more or less to the Northwest corner of said Lot 25 ;
thence Easterly and along the North line of said Lots 25 and 26 . a
distance of 662 . 08 feet , more or less to a point which lies
33 . 5 feet East of the Northwest corner of said Lot 26 ; thence
Southerly parallel with and distant 33 . 5 feet East of the West line
of said Lot 26 , a distance of 662 . 64 feet ; thence Westerly, a
distance of 662 . 20 feet , more or less , to the true point of
beginning of this description.
Parcel 7 :
Lot 25 , and the West 33 1/2 feet of Lot 26 of Garfield Park Colony,
in the County of Fresno , State of California, according to the map
thereof , recorded in Book 2 Page 66 of Record of Surveys, Fresno
County Records ; excepting from said Lot 25 , the west 447 .20 feet .
Tract No . 4191
EXHIBIT "A" (Continued)
Also excepting therefrom that portion described as :
Commencing at the Southwest corner of said Section 25 ; thence
Easterly and along the South line of said Section 25 , a distance of
30 . 0 feet ; thence Northerly parallel with and distant 30 feet
Easterly of the West line of said Section 25 , a distance of
662 . 22 feet to the true point of beginning of this exception; thence
continuing Northerly and along said line, a distance of 662 .22 feet
more or less to the Northwest corner of said Lot 25 ; thence Easterly
and along the North line of said Lots 25 and 26 , a distance of
662 . 08 feet , more or less to a point which lies 33 . 5 feet East of
the Northwest corner of said Lot 26 ; thence Southerly parallel with
and distant 33 . 5 feet East of the West line of said Lot 26 , a
distance of 662 . 64 feet; thence Westerly a distance of 662 . 20 feet
more or less to the true point of beginning of this exception.
Parcel 8 :
The North 292 . 2 feet of the West 447 .20 feet of the South half of
Lot 25 , of Garfield Park Colony, in the County of Fresno, State of
California , according to the map thereof recorded in Book 2 Page 66
of Record of Surveys , Fresno County Records .
Excepting therefrom any portion thereof , lying within the following
described land:
Commencing at the Southwest corner of said Section 25 ; thence
Easterly and along the South line of said Section 25, a distance of
30 . 00 feet; thence Northerly parallel with and distant 30 feet
Easterly of the west line of said Section 25, a distance of
662 . 22 feet to the true point of beginning of this description;
thence continuing Northerly and along said line a distance of
662 . 22 feet, more or less , to the Northwest corner of said Lot 25;
thence Easterly and along the North line of said Lots 25 and 26 , a
distance of 662 . 08 feet, more or less , to a point which lies
33 . 5 feet east of the Northwest corner of said Lot 26 ; thence
Southerly parallel with and distance 33 . 5 feet East of the West line
of said Lot 26 , a distance of 662 . 64 feet; thence Westerly a
distance of 662 . 20 feet , more or less , to the true point of
beginning of this description.
Parcel 9 :
The West 447 . 20 feet of Lot 25 of Garfield Park Colony, in the
County of Fresno, State of California, according to the map thereof
recorded in Book 2 Page 66 of Record of Surveys , Fresno County
Records .
Tract No . 4191
EXHIBIT "A" (Continued)
Excepting therefrom that portion thereof described as follows :
Commencing at the Southwest corner of said Section 25 ; thence
Easterly and along the South line of said Section 25, a distance of
30 . 00 feet; thence Northerly parallel with and distant 30 feet
Easterly of the West line of said Section 25, a distance of
662 . 22 feet to the true point of beginning of this description;
thence continuing Northerly and along said line, a distance of
662 . 22 feet more or less to the Northwest corner of said Lot 25 ;
thence Easterly and along the North line of said Lots 25 and 26 , a
distance of 662 . 08 feet, more or less to a point which lies
33 . 5 feet East of the Northwest corner of said Lot 26 ; thence
Southerly parallel with and distance 33 . 5 feet East of the West line
of said Lot 26 , a distance of 662 . 64 feet; thence Westerly a
distance of 662 .20 feet, more or less to the true point of beginning
of this description.
Also excepting therefrom the North 292 . 2 feet of the West
447 . 20 feet of the South half of Lot 25 , of Garfield Park Colony,
according to the map thereof recorded in Book 2 Page 66 of Record of
Surveys, in the Office of the County Recorder of said County.
Excepting therefrom that portion thereof lying within the above
described parcels described as follows :
Beginning at the Southwest corner of said Section 25, thence North
00 Degrees 00 Minutes 56 Seconds East, along the West line of said
Section 25, a distance of 1010 . 20 feet to the TRUE POINT OF
BEGINNING OF THIS EXCEPTION; thence North 00 Degrees 41 Minutes 42
Seconds East a distance of 268 . 50 feet; thence North 00 Degrees 00
Minutes 56 Seconds East a distance of 157 . 35 feet ; thence South 89
Degrees 41 Minutes 42 Seconds West a distance of 52 . 12 feet ; thence
North 00 Degrees 00 Minutes 56 Seconds East a distance of 129 . 15
feet; thence North 89 Degrees 59 Minutes 04 Seconds West a distance
of 157 . 69 ; thence South 45 Degrees 00 Minuts 56 Seconds West a
distance of 16 . 53 feet to a point of being 47 . 00 feet East of the
West line of said Section 25 ; thence South 00 Degrees 00 Minutes 56
Seconds West, parallel with and 47 . 00 feet East of the West line of
said Section 25 , a distance of 1. 31 feet; thence North 89 Degrees 59
Minutes 04 Seconds West a distance of 47 . 00 feet to a point on the
West line of said Section 25; thence South 00 Degrees 00 Minutes 56
Seconds West, along the West line of said Section 25, a distance of
274 . 71 feet to the TRUE POINT OF BEGINNING OF THIS EXCEPTION.
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