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Home My WebLink AboutT-4564 - Agreement/Covenant - 8/18/2006 (3) ItECORDED AT REQUEST OF RcrURNT0. 93181119 CITY OF FRESNO P' 60 TI DEVEMPNMNT DEPARTMMT UN °s"ro`` MIN. PAST M ' FRESNO CA VMI-MN NOV 2 3 1993 FR@SW COIMTY.CAUFOAMU WILLUW C.G . REE W".Counly I` LaASE CONFORM By 0 ��, S -------------------ABOVE SPACE FOR RECORDER'S USE-1- - ------------ P.W. File No. 9495 Development Department UGM No. 479 City of Fresno STATEMENT OF COVENANTS FOR UGM. FIRE STATION AND PARR FEES AND CREATION OF LIEN Tract No. 4564 Phase III of Tentative Tract No . 4480 RECITALS WHEREAS, THE HIGHLANDS AT FORT WASHINGTON, a California Limited Partnership, 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. 4564 , consisting of Fifty-Seven (57) 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-Sia Thousand Four Hundred Fifty-Four and 17/100 Dollars ($36 , 454 . 17) for the following: Statement of Covenants Tract No . 4564/UGM 479 Phase III of Tentative Tract No . 4480 Page 2 UGM Fire Station Fee Service Area No. 21 Zone District : R-1/UGM 16 . 55 Gross Ac @ $1, 388 . 00/Ac = $22, 971.40 Less Early Issuance of Building Permit [$6, 532 . 68] Lots : 29 through 33 and 35 through 43 , Inclusive Net Fire Station Fees Deferred by Covenant $16, 438.72 UGM Neighborhood Park Fee Service Area No. 7 Zone District : R-1/UGM 16 . 55 Gross Ac @ $1, 690 . 00/Ac = $27, 969 .50 Less Early Issuance of Building Permit [$7, 954 . 05] Lots : 29 through 33 and 35 through 43 , Inclusive Net Park Fees Deferred by Covenant $20 , 015 .45 Total Estimated Amount $36 , 454 . 17; 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. Statement of Covenants Tract No . 4564/UGM 479 Phase III of Tentative Tract No. 4480 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 . 4564/UGM 479 Phase III of Tentative Tract No. 4480 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: goo a. %ALA, 1 la . ISS3 CITY OF FRESNO, COVENANTOR a Municipal Corpo a ion THE HIGHLAND AT FORT WASHINGTON By 0a California Limited Alvin P. Solis , Director Partnership Development Department By: Wathen-Castan s, I c. a California o ation APPROVED AS TO FORM: as a al Pa ' r JA ES P. OUGH Ci y tto ney By: Kevi stanos - Preside t By Deputy Y= .chard G . Wathen Secretary (Attach Notary Acknowledgment) Revised : 11/05/93 Statement of Covenants Tract No . 4564/UGM 419 Phase III of Tentative Tract No. 4480 Page 5 CLERR'S CERTIFICATE STATE OF CALIFORNIA ) ) ss . COUNTY OF FRESNO ) On '� �$ 1993, before me, personally appeared p rsonally known to me (or provided to me on the basis of satisfactory evidence) to be the persons(P whose nameV) is/mif-e-subscribed to the within instrument and acknowledged to me that he/rbe.4tley executed the same in his/he rr� e4-=- authorized capacity(ia• &) , and that by his/hem the - signature(X) on the instrument(;O the person($) , or the entity upon behalf of the CITY OF FRESNO of which the person(,O) acted, executed the instrument . WITNESS my hand and official seal . JACQUELINE L. RYLE, CMC CITY CLERK By CL�n d4na, *a,-Yri,4� DEPUTY LR:crm:dlk:cac LAND390/+6246 GL2 L25 or L27 and L29 STAVE OF CALIFORNIA COUNTY OF 3rBE!!!!r1VV } S S on ,A/67Y4GP"tjdX '_ 199.3 bakm me. S. E'- -S Slit -Afel a No WV.P1A011Ic in and for said Carey arrd Slava. appeared FOR WTARY SfAL OR STAW S2 Pei anally loom to me(or proved b no on the bass of sattlataclory W eri Wnce)to be the persons)whose rmo@W isIn i subeatlsad IQ the within inswment and adamAedged to me that hels wai y ereculed the same in hisfierr/lheir mmxxmed wpaciy(issj and that by NWh rAheir signatures)on the instrument the pwson(*or the entity upon behalf WFR8V40CCtMV of which the persons)acted. executed the instrument.WITNESS my hand and official eal .84*ft MAR 27.1997 m Signatur or -je Tract No . 4564 P.W. No . 9495 EXHIBIT "A" The Subject Property referred to in these covenants is situated in that portion of the Southeast quarter of Section 14 , Township 12 South, Range 20 East, Mount Diablo Base and Meridian, in the City of Fresno, County of Fresno, State of California, described as follows : BEGINNING at the Southeast corner of said Section 14 ; thence North 000 41 ' 01" East , along the East line of the Southeast quarter of said Section 14 , a distance of 292 . 00 feet to the TRUE POINT OF BEGINNING . Thence North 890 53 ' 37" West, parallel with and 292 . 00 feet North of the South line of the Southeast quarter of said Section 14, a distance of 812 . 25 feet; thence South 450 06 ' 23 West, a distance of 17 . 46 feet ; thence North 89053 ' 37" West, a distance of 50 . 00 feet ; thence North 000 06 ' 23" East, a distance of 139 . 02 feet; thence North 440 53 ' 37" West , a distance of 17 . 46 feet; thence North 00' 06 ' 23" East , a distance of 50 . 00 feet ; thence North 450 06 ' 23 " East , a distance of 17 . 46 feet ; thence North 00" 06 ' 23" East , a distance of 94 . 66 feet ; thence North 890 53 ' 37" West, a distance of 321 . 00 feet ; thence North 00' 06 ' 23" East, a distance of 188 . 44 feet to a point on the Southerly right-of-way line East Saint Andrew Drive as deeded to the City of Fresno, December 8, 1992 as per Document No . 92184171, Official Records of Fresno County; said point being a point on a 505 .00 foot non-tangent curve, concave to the Northwest, a radial to said beginning bears South 25" 43 ' 08" East; thence Easterly, along the Southerly right-of-way line of said East Saint Andrew Drive, the following courses : Northeasterly, along said curve, through a central angel of 030 10 ' 57" an arc distance of 28 . 05 feet ; thence tangent to said curve, North 61' 05 ' 55" East , a distance of 189 . 21 feet; thence South 73" 54 ' 05" East , a distance of 20 . 77 feet ; thence North 61' 05 ' 55" East , a distance of 50 . 00 feet; thence North 160 05 ' 55" East , a distance of 20 . 77 feet ; thence North 610 05 ' 55" East , a distance of 31 . 41 feet to the beginning of a 435 . 00 foot tangent curve, concave to the South; thence Easterly, along said curve, through a central angle of 290 35 ' 06" an arc distance of 224 . 61 feet ; thence tangent to said curve, South 890 18 ' 59" East , a distance of 627 . 46 feet ; thence South 440 18 ' 59" East , a distance of 24 . 81 feet ; thence South 89' 18 ' 59" East, a distance of 55 .00 feet to a point of the East line of the Southeast quarter of said Section 14 , thence South 000 41 ' 01" West , leaving the Southerly right-of-way line of said East Saint Andrew Drive, along the East line of the Southeast quarter of said Section 14 ; a distance of 186 . 39 feet ; thence North 890 18 ' 59" West , a distance of 185 . 00 feet ; thence South 00' 41 ' 01" West , a distance of 100 . 00 feet ; thence South 890 18 ' 59" East , a distance of 185 . 00 feet to a point on the East line of the Southeast quarter of said Section 14 ; thence South 000 41 ' 01" west , along the East line of the Southeast quarter of said Section 14 , a distance of 386 . 45 feet to the TRUE POINT OF BEGINNING . LR : crm: LAND396/+620