HomeMy WebLinkAboutT-4488 - Agreement/Covenant - 6/29/2006 (2) .• IT•
94008952 Faw AMERICAN T INSURANCE COWAH1.
MURNM MIN. PAST M
CITY OF FRESNO
DLVEWMmrT DEPARTMENT ryn A
2600 Fresno Steed1 �J
FRMOCA93721-3604 PLEASE CONFORM JAN
WILLIAM C.GREENWOOD.Count►80009*
• s
BY DEPUTY R
-------------------ABOVE SPACE FOR RECORDER'S USE- -
P.W. File No . 9604 Development Department
UGM No . 457 City of Fresno
STATEMENT OF COVENANTS
FOR UGM FIRE STATION AND PARR FEES
AND CREATION OF LIEN
Tract No. 4488
(Phase II of Tentative Tract No. 4381)
RECITALS
WHEREAS, KAUFMAN AND BROAD OF FRESNO, 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 . 4488 , consisting of seventy-two (72) 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 Fire Station and
Park fees pursuant to Sections 12-4 . 508 and 12-4 . :09 of the Fresno
Municipal Code and Resolution No . 83-40 in the estimated amcunt of
Statement of Covenants
Tract No . 4488
Page 2
Twenty Nine Thousand Eight Hundred Twelve and 32/100 Dollars
($29 , 812 . 32) for the following :
UGM Fire Station Fee
Service Area No. 16
Zone District : R-1/UGM
12 . 06 Gross Ac @ $1242 . 00/Ac - $14 , 978 . 52
UGM Neighborhood Park Fee
Service Area No. 4
Zone District : R-1/UGM
12 . 06 Gross Ac @ $1230. 00/Ac - $14 , 833 . 80
Total Estimated Amount $29, 812 . 32; 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 Sub ect Property. Such fees may be paid
for individual parcels , if applicable .
Statement of Covenants
Tract No . 4488
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 .
Statement of Covenants
Tract No . 4488
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: 12--
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
By KAUFMAN AND B OF FRESNO,
Alvin P. Solis, Director INC. , a Cal ' r a Corporation
Development Department
APPR S TO FO By: td
Richard R. Ciskowski
J S P. LO GH President
Ci y Attor
By By: Aw
D uty William P. West
Assistant Secretary
(Attach Notary Acknowledgment)
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State of CCt.� � ✓h!C►,
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On � before me,
Wei I (PIA►IE.TITLE OF OFFKXR•LEL BANE OOE NOTARY BUC-)
personally appeared I ` 1 aM P.
CAPACITY CLAIMED BY SIGNER(S)
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f,,GA Vl(y P"E(S)OF SIONERM) ❑ INDIVIDUAL(S)
1 - I S Q �Iit�SK ❑ CORPORATE
OFFICER(S)
❑ PARTNER(S) (MLE(S))
'Pe
ersonally known to me -OR- ❑ proved to me on the basis of satisfactory evidence ❑ ATTORNEY IN FACT
to be the person(s) whose name(s) is/are sub- ❑ TRUSTEE(S)
scribed to the within instrument and acknowledged ❑ GUARDIAN/CONSERVATOR
to me that he/she/they executed the same in ❑ OTHER:
his/her/their authorized capacity(es), and that by
DIANE D. DU BOIS his/her/their signature(s) on,the instrument the
DWZCXMM m person(s), or the entity upon behalf of which the SIGNER IS REPRESENTING:
Q] f' 11Cm 0m N901W1W persons)acted,executed the instrument. P"E OF PERSON(S)OR DMNO s))
CD 1497 "' Witness my hand and official seal. -
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(SM M*NATURE of
ATTENTION NOTARY:The information requested below is OPTIONAL It could.However,prevent fraudulent attachment of this certificate to any unauttwkzed docurrlent
THIS CERTIFICATE Tide or Type of Document
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages Date of Document
DESCRIBED AT RIGHT: Signer(s)Other Than Named Above
IOLCUM FORM 632111-ALL PURPOSE AdQJOYY W MENT WIN SWER CAP*CITY/ ITATM4%G61PRW-R".12-92 01992 WOLCOTTS FORMS.
Statement of Covenants
Tract No . 4488
Page 5
CLERK' S CERTIFICATE
STATE OF CALIFORNIA )
ss .
COUNTY OF FRESNO )
On December 30 1993 , before me, Cindy Hamby
personally appeared Mark Williamson, Building & Safety Manager personally
known to me (or provided to me on the basis of satisfactory evidence)
to be the persons(,) whose name($) is/ate subscribed to the within
instrument and acknowledged to me that he/she4tbAeT executed the same
in his/her zt4ker r authorized capacity(i-es-) , and that by his/bAwr.�==
signature(X) on the instrument(.$) the person(,5) , or the entity upon
behalf of the CITY OF FRESNO of which the person('X) acted, executed
the instrument.
WITNESS my hand and official seal .
JACQUELINE L. RYLE, CMC
CITY CLERK
By
PUTY
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P.W. File No. 9604
Tract No . 4488
EXHIBIT "A"
DESCRIPTION
The real property situated in the State of California, County of
Fresno, City of Fresno, and is described as follows :
That portion of the Northeast quarter of the Southwest quarter of
Section 15, Township 13 South, Range 19 East, Mount Diablo Base and
Meridian, in the City of Fresno, State of California, according to
the United States Government Township Plat thereof and more
particularly described as follows :
BEGINNING at a point of the West line of said Northeast quarter of
the Southwest quarter of Section 15, said point being 530 . 00 feet
Southerly along said West line from the Northwest corner thereof,
said point also being the Southwest corner of Tract No. 4381 as
recorded in Volume 54 of Plats, at Page 76 and 77, Fresno County
Records ; thence running along the Southerly line of said Tract
No . 4381, South 890 45 ' 12" East, a distance of 101 . 50 feet; thence
South 000 14 ' 48" West, a distance of 32 .48 feet; thence South 890
50 ' 40" East, a distance of 1212 . 85 feet to a point on the East line
of said Northeast quarter of the Southwest quarter of Section 15;
thence South 000 08 ' 32" West along said East line, a distance of
495 . 66 feet; thence leaving said East line, North 890 51 ' 28" West,
a distance of 55 . 00 feet; thence North 000 08 ' 32" East, a distance
of 5 .77 feet; thence North 430 13 ' 22" West, a distance of 16 . 56
feet to a point on a non-tangent curve concave to the Northeast ,
with a radius of 625 . 00 feet, the radius point of which bears North
030 36 ' 22" East; thence Northwesterly along the arc of said
non-tangent curve, a distance of 130 . 62 feet, through a central
angle of 110 58 ' 27" to the point of tangency; thence North 740 25 '
11" West a distance of 117 . 60 feet to point of a curvature of a
curve concave to the Southwest, with a radius of 575 . 00 feet; thence
along said tangent curve through a central angle of 040 28 ' 49" an
arc length of 44 . 96 feet to the point of non-tangency; thence South
500 30 ' 55" West, a distance of 16 .74 feet ; thence North 810 42 ' 27"
West, a distance of 50 . 51 feet; thence North 420 57 ' 23" West, a
distance of 17 . 77 feet to a point of non-tangent curve, concave to
the South, with a radius of 575 . 00 feet, the radius point of which
bears South 030 33 ' 30" West; thence Westerly along said curve, an
arc distance of 34 . 15 feet , through a central angle of 030 24 ' 10"
to the point of tangency; thence North 890 50 ' 40" West , along a
line parallel to the South line of said Tract No . 4381, a distance
of 689 . 82 feet; thence South 45' 11 ' 07" West , a distance of 17.70
feet; thence North 890 44 ' 43" West , a distance of 50 . 00 feet;
thence North 000 14 ' 48" East parallel to the west line of said
Northeast quarter of the Southwest quarter of Section 15, a distance
of 314 . 40 feet ; thence North 89' 45 ' 12" West , a distance of 101. 50
feet more or less to the West line of said Northeast quarter of the
Southwest quarter of Section 15 ; thence North 000 14 ' 48" East along
said West line, a distance of 135 . 00 feet, more or less, to the
POINT OF BEGINNING.
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