HomeMy WebLinkAboutPM 1990-14 - Agreement/Covenant - 8/10/2006 9109925 M1Pa. PAS; M
AUG 15 1991
vvuW i Y.UALIF-CRN{A
WILLIAM C.GREENWOOD.County Recorder
-------------------SPACE AB V�Y>� T � Wepment
------------
Parcel Map No . 90-14 Department
P. W. File No . 5494 no
APN: 305-030-19, 56
STATEMENT OF COVENANTS
FOR UGM PARK AND FIRE STATION FEES
CREATION OFEN4 W
RECITALS
WHEREAS, Jill A. Richter and Janet R. Richter, 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 as follows : on attached Exhibit "A"
which is incorporated herein by this reference, consisting of
four (4) parcels; 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 Park and Fire
Station fees pursuant to Sections 12-4 . 508 and 12-4 . 509 of the
Statement of Covenants
Parcel Map No. 90-14
Page 2
Fresno Municipal Code in the estimated amount of One Hundred Fifty
Nine Thousand, Five Hundred Fifty-Six Dollars and . 06 Cents ,
($159 , 556 . 06) for the following :
UGM Fire Station Fee
Service Area No. 14
Zone District: R-1-C ( "A" )
37 . 83 Gross Ac @ $400/Ac a $15, 132 . 00
Zone District : R-2-A ( "B" )
11 . 36 Gross Ac @ $2 , 056/Ac $23 , 150 . 56
Zone District ( "C" and "D" )
28 . 26 Gross Ac @ $1 , 094/Ac = $30, 916 . 44
$69 , 199 . 00
UGM Neighborhood Park Fee
Service Area No . 5
Zone District: R-1-C ( "A" )
37 . 83 Gross Ac @ $746/Ac s $28, 221 . 18
Zone District: R-2-A ( "B" )
11 .26 Gross Ac @ $3 , 390/Ac $38, 171.40
(I-
Zone District: -P ("C" and "D" )
28 . 26 Gross @ $848/Ac = $23 , 964 . 48
$90, 357 . 06
Total Estimated Amount $159 , 556 .06 ; and
WHEREAS, Covenantor desires to have Final Parcel Map No . 90-14
subdividing the Subject Property approved by the City of Fresno; and
WHEREAS, Covenantor desires to defer payment of the UGM Park and
Fire Station fees until such time that the issuance of building
permits are requested by the Covenantor or his successors and
assigns for such construction.
Statement of Covenants
Parcel Map No. 90-14
Page 3
COVENANTS, CONDITIONS. AND RESTRICTIONS
For favorable action on, and approval of , the Covenantor' s Final
Parcel Map upon the Subject Property, as referred to hereinabove,
Covenantor hereby covenants as follows :
1 . All UGM Park and Fire Station fees attributable to
development of Subject Property shall be paid prior to the
issuance by the City of building permits for structures
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 .
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
a*
V
Statement of Covenants
Parcel Map No. 90-14
Page 4
the City of Fresno be transferrable 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 .
DATED: 'SEP T. ��� /�I`j t2
Accepted by: COVENANTOR
/CITY OF FRESNO By ! �/
a Municipal Cation Jill A. chter ,�j
By BY
Alvin P. Solis, Director A V Ri ter
Development Department Her Attorney-in-Fact
_ �
-d
APPROVED APPROVED AS TO FORM: By C� 4
Janet R. chter
HARVEY WALLACErl
City Attorney By
A. G Ric ter
By( ,� .e-cam_.- Her Attorney-in-Fact
Deputy
(Attached Notary Acknowledgement)
RD:mks
SENT27/555+
- - f
CAT.I:?C► �; �j TICOR TITLE INSURANCE
(Attorney in Fact—Individual)
STATE OF CALIFORNIA 1
t COUNTY OF SACRAMENTO l
On SEPTRMRER 1A. 1990 before me, the undersigned, a Notary Public in and for
said State,personally appeared A. G. RICHTER
s personally known to me or proved to me on the basis of satisfactory evidence to be the person_-whose name
subscribed to the within instrument as
the Attorney—in fact of JILL & JANET RICHTE
and acknowledged to me that subscribed the name s
of thereto as principal OFFICIAL SEAL
and own name _ as Attorney -'t '; NORA I MEADOWS
in fact. t ' ' NOTARY PUBLIC-CALIFORNIA
u PRINCIPAL OFFICE IN
WITNESS m hand and offs ' .- °
y SACRAMENTO COUNTY
My Commission EXP- Mar. 29, 1991
Signature Quo`�"�` i
` (This area for official notuW seal) `
4
STATE OF CALIFORNIA )
ss .
COUNTY OF FRESNO )
On this day of in the year 9c�
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, CMC
City Clerk
By
Deputy
RD:mks
SENT27/555+