HomeMy WebLinkAboutT-4356 - Agreement/Covenant - 6/29/2006 (3) ..rvvryLV of F%604%;k.01 Vr
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AT , MIN PACT2"
JUL 15 1992
FRESNO COUN;—.. ...._. ,riMM
WILLIAM C.GREENWOOD.County Recorder
F
PLEASE COr:FORM Br DEPUTY RECORD0101
-------------------ABOVE SPACE FOR RECORDER' S USE-- ------------
P.W. File No . 9265 Development Department
UGM No. 374 City of Fresno
STATEMENT OF COVENANTS
FOR UGM FIRE STATION, PARK AND TRUNK SEWER FEES
AND CREATION OF LIEN
Tract No. 4356
Phase II of Tentative Tract No . 4142
A Planned Development
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. 4356, consisting of
Ninety-Two (92) 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 and Trunk Sewer fees pursuant to Sections 12-4 . 508 and
Statement of Covenants
UGM Fees Deferral
Tract No. 4356
Phase II of Tentative Tract No. 4142
Page 2
12-4 .509 of the Fresno Municipal Code and Resolution No. 83-40 in
the estimated amount of Sixty-Six Thousand Five-Hundred Seventy-Five
and 44/100 Dollars ($66, 575.44) for the following:
UGM Fire Station Fee
Service Area No. 14
Zone District: R-1/UGM
20.82 Gross Ac @ $547.00/Ac - $11,388.54
Less Early Issuance of
Building Permit (Lots: 8-12) - [$ 651.711
Net Deferred by Covenant - $10,736.83
Zone District: C-1/UGM
5.33 Gross Ac @ $1, 094 .00/Ac - $5,831.02
UGM Neighborhood Park Fee
Service Area No. 5
Zone District: R-1/UGM
20.82 Gross Ac @ $1, 695.00/Ac - $35,289.90
Less Early Issuance of
Building Permit (Lots: 8-12) - [$ 2,019.47]
Net Deferred by Covenant - $33,270.43
Zone District: C-1/UGM
5 .33 Gross Ac @ $848.00/Ac - 4,519.84
UGM Trunk Sewer Fee
Service Area: Grantland Trunk Line
Zone District: R-1/UGM
20. 66 Net Ac @ $482.00/Ac - $9,958. 12
Less Early Issuance of
Building Permit (Lots: 8-12) - [$ 569.861
Net Deferred by Covenant - $ 9,388.26
Zone District: C-1/UGM
4 .03 Net Ac @ $702.00/Ac - $2,829.06
Total Estimated Amount 566,575.44; and
Statement of Covenants
UGM Fees Deferral
Tract No. 4356
Phase II of Tentative Tract No . 4142
Page 3
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 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 Fire Station and Park and Trunk Sewer 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
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 .
' R
Statement of Covenants
UGM Fees Deferral
Tract No. 4356
Phase II of Tentative Tract No. 4142
Page 4
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
includes the plural, and the plural includes the singular.
Statement of Covenants
UGM Fees Deferral
Tract No. 4356
Phase II of Tentative Tract No. 4142
Page 5
DATED: 99z
COVENANTOR
CITY OF FRESNO,
A Municipal Cor ration
LESLIE P. BUSICK, Trustee of
That Certain Trust Agreement
By Dated June 11, 1974
Alvin P. Solis, Director
Development Department
APPROVED AS TO FORM: By
eslie P. Busick, Trustee
HARVEY WALLACE
City A rn y
By (Attach Notary Acknowledgment)
Deputy
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss .
CITY OF FRESNO )
On this Z9M day of in the year 1992 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 �' cmd4i. AL Aid,—
Deputy
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GL2 L25 or L27 and L29
Revised: 05/28/92
STATE OF
COUNTY OF Wa5170z ) ss.
On this day of , in the year 1992, before me, the
undersigned, a Notary Public in and for said County and State,
personally appeared LESLIE P. BUSICK, Trustee of that cetain Trust
Agreement dated June 11, 1974, known to me (or proved tome 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.
TERI B. M
- Notary PL"b- of Nwada
App*hmt Reo tM Wil a Cain
4pliff MTOWTMW im it logs
Notary Public in and f
said County and State
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 :
Those portions of Lots 263 through 266 , 297 through 302 and 319
through 322, inclusive, of J.C. Forkner Fig Gardens , Subdivision
No . 3 , as shown on the Map thereof recorded in Volume 8 of Plats at
Page 79 , Fresno County Records , more particularly described as
follows :
BEGINNING at the Southeast corner of said Lot 319 ; thence South 890
43 ' 52" West, along the South line of said Lots 319 , 320 and 321, a
distance of 686 . 33 feet; thence North 000 16 ' 08" West, a distance
of 137. 00 feet to the beginning of a 390 . 00 foot radius tangent
curve, concave to the West; thence Northerly, along said curve,
through a central angle of 310 53 ' 32" , an arc distance of 217 . 08
feet; thence North 450 40 ' 46" West a distance of 1050 . 99 feet;
thence South 420 41' 28" West, a distance of 67 . 67 feet to the
beginning of a 375 . 00 foot radius non-tangent curve, concave to the
Northeast, a radial to said beginning bears South 560 59 ' 44" West ;
thence Northwesterly, along said curve, through a central angle of
11' 20 ' 30" , an arc distance of 74 .23 feet, to the beginning of a
200 . 00 foot radius reverse curve, concave to the Southwest, a radial
to said beginning bears North 680 20 ' 14" East; thence
Northwesterly, along said curve, through a central angle of 240 01 '
00" , an arc distance of 83 . 83 feet ; thence North 450 40 ' 46" West , a
distance of 77. 55 feet to the beginning of a 200 ._00t radius
tangent curve, concave to the Southwest; thence No westerly, along
said curve, through a central angle of 240 08 ' 43" , an arc distance
of 84 .28 feet, to the beginning of a 375 . 00 foot radius reverse
curve, concave to the Northeast, a radial to said beginning bears
South 200 10 ' 31" West ; thence Northwesterly, along said curve,
through a central angle of 31' 23 ' 44" , an arc distance of 205 . 48
feet to a point on the West line of said Lot 266 ; thence North 00'
34 ' 47" East, along said West line, a distance of 149 . 18 feet to the
beginning of a 2988 . 00 foot radius non-tangent curve, concave to the
Southeast, a radial to said beginning bears North 430 37 ' 21" West ;
thence Northeasterly, along said curve, through a central angle of
030 07 ' 07" , an arc distance of 162 . 63 feet; thence South 400 30 '
14" East, a distance of 25 . 00 feet; thence South 400 40 ' 46" East, a
distance of 107 . 54 feet; thence North 490 19 ' 14" East, a distance
of 130 . 00 feet; thence North 650 52 ' 51" East, a distance of 84 . 53
feet ; thence North 77' 43 ' 27" East, a distance of 78 . 94 feet;
thence North 89' 37 ' 58" East , a distance of 367 . 00 feet; thence
South 00' 22 ' 02" East , a distance of 2 . 00 feet; thence North 890
37 ' 58" East, a distance of 160 . 00 feet ; thence South 000 22 ' 02"
East, a distance of 348 . 00 feet; thence South 890 37 ' 58" West , a
distance of 25 . 13 feet; thence South 000 38 ' 23" West , a distance of
50 . 01 feet; thence South 890 37 ' 58" West , a distance of 125 . 14
R
' I
Exhibit A
Tract No. 4356
Phase II of Tentative Tract No. 4142
Page 2
feet to the beginning of a 350.00 foot radius tangent curve, concave
to the South; thence Westerly, along said curve, through a central
angle of 05' 32 ' 240 , an arc distance of 33 .84 feet; thence South
89' 39 ' 55" West, •a distance of 162. 62 feet to the beginning of a
400.00 foot radius non-tangent curve, concave to the Southeast, a
radial to said beginning bears North 29' 46 ' 31" Westt; thence
Southwesterly, along said curve, through a central ngle of 150 54 '
15", an arc distance of 111.03 feet; thence South :4° 19 ' 14" West,
a distance of 11.55 feet; thence South 45' 40' 46" East, a distance
of 125. 00 feet; thence South 27" 07' 17" East, a distance of 159.32
feet; thence South 45' 40' 46" East, a distance of 209.00 feet;
thence South 59' 30' 44" East, a distance of 137.57 'feet; thence
South 78' 25 ' 35" East, a distance of 74.36 feet; thence North 89'
37' 58" East, a distance of 706. 64 feet; thence South 00' 41' 59"
West, a distance of 96.53 feet; thence South 89" 16' 01" East, a
distance of 150 .00 feet; thence South 00' 41' 59" Wiest, a distance
of 19 .23 feet to a point on the North line of said Trot 319; thence
North 89' 41' 54" East, along the North line of said Lot 319, a
distance of 17. 00 feet to the Northeast corner thereof; thence South
00" 41' 59" West, along the East line of said Lot 319, a distance of
621.38 feet to the POINT OF BEGINNING.
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