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Home My WebLink AboutT-4345 - Agreement/Covenant - 6/29/2006 (2) 9 2 13 1 3 4 5 K`C"K"Eu"t �Ut COM N AT IN. PAST M RrruRiv To: CITY OF FRESNO AUG 2 7 1992 DEVEI0P1%ZNT DEPARTMENT 2600 Fano Str«t FRESNO COUNTY,(.ALiFORNIA FRESNO CA 93721-360.4 WILLIAM C.GREENWOOD,County RGCO(ftr �] F PLEASE CONFORM -------------------ABOVE SPACE FOR are B P.W. File No . 9236 Development Department UGM No . 440 City of Fresno STATEMENT OF COVENANTS FOR UGM FIRE STATION AND PARK FEES AND CREATION OF LIEN Tract No . 4345 RECITALS WHEREAS, ASSEMI DEVELOPMENT, 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 . 4345 , consisting of Eighty-Six ( 86) 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 Fire Station and Park fees pursuant to Sections 12-4 . 508 and 12-4 . 509 of the Fresno Municipal Code in the estimated amount of Thirty-Four Thousand Nine Hundred Twenty-Three and 20/100 Dollars ($34 , 923 . 20) for the following : F Statement of Covenants Tract No . 4345/UGM 440 Page 2 UGM Fire Station Fee Service Area No. 14 Zone District : R-1/UGM 20 . 8 Gross Ac @ $547 . 00/Ac $11, 377 . 60 UGM Neighborhood Park Fee Service Area No. 6 Zone District : R-1/UGM 20 . 8 Gross Ac @ $1 , 132 . 00/Ac = $23 , 545 . 60 Total Estimated Amount $34 , 923 . 20 ; 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 Fire Station and 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 Fire Station and 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 . t Statement of Covenants Tract No . 4345/UGM 440 Page 3 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 . 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 . r Statement of Covenants Tract No . 4345/UGM 440 Page 4 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 : j B /��Z CITY OF FRESNO, COVENANTOR a Municipal Corporation rcDASSEMI DEVELOPMENT INC. , By A C rni Co o� tion Alvin Solis, Director Development Department By: Far d Assemi , President APPROVED AS TO FORM: HARVEY WALLACE City Attorney By (Attach Notary Acknowledgment) Deputy z Statement of Covenants Tract No . 4345/UGM 440 Page 5 CLERK' S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss . CITY OF FRESNO ) On this aOAA day of c,c,of^ in the year i99a 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 City Clerk By z/ Deputy LR: crm LAND272/+4371 GL2 L25 or L27 and L29 Tract No . 4345 ' EXHIBIT "A" The Subject Property referred in these Covenants is situated in the State of California , County of Fresno, City of Fresno and is described as follows : Lots 132 through 139 inclusive of Figarden Subdivision No . 1, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Volume 8 page 89 of Plats, Fresno County Records ; TOGETHER with Lots 173 through 178 inclusive and 180 through 187 inclusive of Figarden Subdivision No . 1, in the City of Fresno, County of Fresno , State of California, according to the map thereof recorded in Volume 8 page 89 of Plats, Fresno County Records; TOGETHER with Lot 179 of Figarden Subdivision No . 1 , in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Volume 8 page of 89 of Plats, Fresno County Records ; TOGETHER with Lots 188 through 203 inclusive of Figarden Subdivision No . 1 , in the City of Fresno, County of Fresno, State of California , according to the map thereof recorded in Volume 8 page of 89 of Plats , Fresno County Records; TOGETHER with Lots 148 through 152 inclusive of Figarden Subdivision No . 1 , in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Volume 8 page of 89 of Plats , Fresno County Records; TOGETHER with that portion of Gates Avenue lying adjacent to the boundary of Lots 148 through 152 inclusive of Figarden Subdivision No . 1 , in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Volume 8 page 89 of Plats, Fresno County Records , which occurred by that certain Order of Abandonment recorded February 11, 1939 in Book 1698 page 405 of Official Records , as Document No . 5049 ; TOGETHER with Lots 153 through 157 inclusive of Figarden Subdivision No . 1 , in the City of Fresno , County of Fresno , State of California , according to the map thereof recorded in Volume 8 page of 89 of Plats , Fresno County Records ; TOGETHER with Lots 204 through 217 inclusive of Figarden Subdivision No . 1 , in the City of Fresno , County of Fresno , State of California , according to the map thereof recorded in Volume 8 page 89 of Plats , Fresno County Records , together with that portion of abandonment street lying Westerly of , and adjacent to Lot 204 as abandoned by Resolution No . 80-251 recorded April 21 , 1980 as Document No . 40342 which would pass by operation of law; Subdivision Agreement Tract No . 4345/UGM 440 Page 2 TOGETHER with Outlot A of Tract No . 2724 , Trend Homes No. 8, in the City of Fresno , County of Fresno, State of California, according to the map thereof recorded in Volume 36 pages 36 and 37 of Plats , Fresno County Records ; TOGETHER with Lots 140 through 147 inclusive of Figarden Subdivision No . 1, in the City of Fresno , County of Fresno, State of California , according to the map thereof recorded in Volume 8 page of 89 of Plats , Fresno County Records ; TOGETHER with that portion of Escalon Avenue as abandoned by Resolution No . 90-462 recorded December 14 , 1990 as Document No . 90152879 , which would pass by operation of law; TOGETHER with that portion of West Calimyrna Avenue and North Capri Avenue as abandoned by Resolution No . 80-251 recorded April 21, 1980 as Document No . 40342 which would pass by operation of law. Excepting therefrom that portion of Section 2, Township 13 South, Range 19 East, Mount Diablo base and Meridian, described as follows : BEGINNING at the Southeast corner of said Section 2 ; thence North 000 25 ' 30" East , along the East line of said Section 2, a distance of 673 . 23 feet to the TRUE POINT OF BEGINNING, said point being the intersection of said East line of Section 2 , and a non-tangent curve concave to the Southwest having a radius of 533 . 33 feet, the radial to said point bears North 15' 04 ' 38" East ; thence Northwesterly along said curve through an interior angle of 120 56 ' 50" , an arc distance of 120 . 52 feet, to a point of Cusp on a non-tangent curve concave to the Northwest having a radius of 1, 717 . 35 feet , the radial to said point bears South 68' 07 ' 01" East; thence Northeasterly along said curve through an interior angle of 210 26 ' 01" , an arc distance of 642 . 44 feet, to a point of non-tangent intersection with the East lone of said Section 2 , said East line also being the Centerline of North Brawley Avenue, the radial to said intersection point bears North 890 33 ' 02" West; thence South 000 25 ' 30" West, along said East line of Section 2 , a distance of 644 . 62 feet to the TRUE POINT OF BEGINNING. LR :crm LAND272/+4369