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Home My WebLink AboutT-4474 - Agreement/Covenant - 6/30/2006 (2) I 92 187 120 RECOM^j C R�,o AT W. PA, M E�41Vf MY OF FRESNO DEC 14 1992 DEVEWPMMT DEPART 2600 Feaeo Strad FRESNO CA 97721-3600 Fria t('il)W Y.w�ORNM WN.LIAM C.GREENWOOD.CWJ*R@ da EASE C0NLQP1�---ABOVE SPACE FOR RECVRDER� --- --------- -------------- P.W. File No . 9414 Development Department UGM No. 488 City of Fresno STATEMENT OF COVENANTS FOR UGM FIRE STATION AND PARK FEES AND CREATION OF LIEN Tract No. 4474 RECITALS WHEREAS, SPALDING G. WATHEN AND DELLA WATHEN, 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. 4474 , consisting of Eighty-Five (85) 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 Fifty-Six Thousand Eight Statement of Covenants Tract No . 4474/UGM 488 Page 2 Hundred Sixty-Eight and 46/100 Dollars ($56, 868. 46) for the following : UGM Fire Station Fees Service Area No. 14 Zone District : R-1/UGM 28 . 15 Gross Ac @ $547 . 00/Ac - $15 , 398 . 05 Less Early Issuance of Building Permits Lots : 10, 13 , 43-48 [$1 , 523 . 36] Net Fire Station Fees Deferred by Covenant $13, 874 . 69 UGM Neighborhood Park Fees Service Area No. 5 Zone District : R-1/UGM 28 . 15 Gross Ac @ $1, 696 . 00/Ac m $47, 714 . 25 Less Early Issuance of Building Permits Lots : 10, 13 , 43-48 [$4 ,720. 48] Net Park Fees Deferred by Covenant $42 , 993 . 77 Total Estimated Amount $56 . 868 . 46; 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 : Statement of Covenants Tract No. 4474/UGM 488 Page 3 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 . 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. Statement of Covenants Tract No. 4474/UGM 488 Page 4 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 provision 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: CITY OF FRESNO, COVENANTOR a Munici al Corporation BySPALDING G. WATHEN AND .Alvin P. olis, Director DELLA WATHEN, Husband and Development Department Wife, as Joint Tenants APPROVED AS TO FORM: R Lo-ram By: SpaVoing V. Withen JLc44g City Attorney By By: Deputy a la Wathen (Attach Notary Acknowledgment) Statement of Covenants Tract No. 4474/UGM 488 Page 5 CLERK'S CERTIFTCATt. STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) On this 107 day of , in the year /992 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 CL44141 M 4 Director of the Development Department and acknowledged to me that the City of Fresno executed it . JACQUELINE L. RYLE City Clerk By tri a ,f2C�, Deputy LR:crm LAND303/+4832 GL2 L25 or L27 and L29 STATE OF CALIFORNIA W COUNTY OF FRESNO ) S.S. a On DECEMBER 3, 1992 before me. EMMA KATAOKA--- a Nota Public in and for said County and State, rsonal dared SPA DING G. WATHEN & DEL AWA N-- NOTARY sou OR sT"""P W ar personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)wtwee name(s)islam subscribed to the within instrument and acknowledged to me that he/shi they executed EMMA KATAOKA the same in hislherAheir authorized cepecily(ise).and that by hieRroNthsir NOTARY PUBUGCALIFORN A signature(s)on the instrument the person(s).or the entity upon behalf • PRINCIPAL O"ICE tH of which the persori(s)acted.executed the Instrument. FRESNO C U N 1994 My cmeissoe EO. 25. WITNESS my hand and official seal Signature /�7 — F 2492(5-91) Tract No . 4474/UGM 488 P.W. File No . 9414 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 : Lots 401 through 405 inclusive and Lots 412 through 414 , inclusive, of J. C. Forkner Fig Gardens Subdivision No. 4, according to the map thereof recorded in Volume 9 Page 43 of Plats, Fresno County Records, together with that portion of Cornelia Avenue vacated by Operation of Law, being a portion of the southwest quarter of Section 34 , Township 12 South, Range 19 East, Mount Diablo Base and Meridian. EXCEPTING therefrom those portions of Lots 401, 402, 403, 414 , 415 and 416 described as follows : COMMENCING at the Northwest corner of the Northeast quarter of the Southwest quarter of Section 34 ; thence South 890 30 ' 05" East, along the North line thereof, a distance of 31. 16 feet; thence South 000 29 ' 55" West, a distance of 30 . 00 feet to the Northwest corner of said Lot 416 and the TRUE POINT OF BEGINNING of this description; thence South 010 40 ' 50" East, along the West line of said Lots 416, 415 and 414 , a distance of 698 .76 feet; thence North 880 15 ' 43" East, a distance of 651 . 52 feet; thence North 010 44 ' 17" West, parallel with the East line of said Northeast quarter of the Southwest quarter of Section 34, a distance of 673 .34 feet to a point on the North line of said Lot 401; thence North 890 30 ' 05" West, along said North line, and along the North line of said Lot 416, parallel with and 30 . 00 feet South of the North line of said Northeast quarter of the Southwest quarter of Section 34, a distance of 651. 32 feet to the TRUE POINT OF BEGINNING, as conveyed to the Central Unified School District by deed recorded December 21, 1990, as Document No. 90155921, of Official Records . And ALSO EXCEPTING therefrom those portions of Lots 401, 402 and 403 described as follows : COMMENCING at the Northeast corner of said Northeast quarter of the Southwest quarter of Section 34 ; thence North 89' 30 ' 05" West, along the North line thereof, a distance of 172 . 96 feet; thence South 00' 29 ' 55" West, a distance of 30 .00 feet to a point on the North line of said Lot 401 and the TRUE POINT OF BEGINNING of this description; thence South 01' 44 ' 17" East, parallel with the East line of said Northeast quarter of the Southwest quarter of Section 34, a distance of 655 .27 feet; thence South 88' 15 ' 43" West, a distance of 462 .64 feet; thence North 01' 44 ' 17" West, parallel with the East line of said Northeast quarter of the Southwest quarter of Section 34, a distance of 673 . 34 feet to a point on the North line of said Lot 401; Exhibit "A" Tract 4474/UGM 488 Page 2 thence South 890 30 ' 05" , East, along said North line, parallel with the North line of said Northeast quarter of the Southwest quarter of Section 34, a distance of 462 .99 feet to the TRUE POINT OF BEGINNING, as conveyed to the City of Fresno by deed recorded December 28, 1990, as Document No. 90158395, Official Records . ALSO EXCEPTING therefrom those portions of said Lots 405 and 412 described as follows : BEGINNING at the Southwest corner of said Lot 412; thence North 01' 40 ' 50" West, along the West line thereof a distance of 55 . 89 feet; thence leaving said West line North 88' 15 ' 43 ' East, a distance of 1259 . 01 feet to a point in the East line of said Lot 406 which lies North 010 44 ' 17" West, a distance of 106 .23 feet from the Southeast corner of said Lot 405; thence South 01' 44 ' 17" East, along the East line of said Lot 405, a distance of 106 . 23 feet to the Southeast corner of said Lot 405; thence North 89' 26 ' 55" West, along the South lines of said Lots 405 and 412, a distance of 1260.07 feet to the TRUE POINT OF BEGINNING. LR:crm LAND303/+4831