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Home My WebLink AboutPM 1991-15 - Agreement/Covenant - 8/16/2006 s 93013348 REcoRMU""&W;''* MLE AT MIN. PAST M P``HSE G01"IFORM FEB 0 5 1993 CITY OF FRESNO FRESNO COUNTY.wWFORNU DEVELOPMENT DEPARTiiiAM C.GREENWOOD.County ReopecWt 2600 FRESNO STRE . X933 . FRESNO CA 721- ABOVE PACE FOR RECO R -------- Parcel Map No . 91-15 Development Depa tment P. W. File No . 5494 City of Fresno -40P 3//-32o -37 STATEMENT OF COVENANTS FOR UGM PARK AND FIRE STATION FEES AND CREATION OF LIEN (Parcel Map No. 91-15) RECITALS WHEREAS, FRESNO INTERNATIONAL GROUP II , L. P. , a 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" , consisting of one parcel; 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 Fresno Municipal Code ) ) in the estimated amount of Twenty Three Thousand Five Hundred Twenty-Nine and 00/100 Dollars ($23 , 529 .00) for the following : Statement of Covenants Parcel Map No . 91-15 Page 2 November 2 , 1992 UGM Fire Station Fee Service Area No. 16 Zone District : C-6-UGM 7 . 59 Gross Ac @ $2 , 485. 00/Ac $18, 861. 15 UGM Neighborhood Park Fee Service Area No. 4 Zone District : C-6-UGM 7 . 59 Gross Ac @ $615. 00/Ac $4 , 667. 85 Total Estimated Amount $23 , 529 . 00; and WHEREAS, Covenantor desires to have Final Parcel Map No . 91-15 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. 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 . 3 . Covenantor hereby waives any and all rights he may have pursuant to Government Code Section §65961 . Statement of Covenants Parcel Map No . 91-15 Page 3 November 2 , 1992 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. 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 Statement of Covenants Parcel Map No . 91-15 Page 4 November 2 , 1992 this Statement, any gender includes the other genders, the singular includes the plural, and the plural includes the singular. DATED: /Z&3��lZ CITY OF FRESNO, COVENANTOR a Municipal C ora n FRESNO INTERNATIONAL GROUP II, L.P. , a California Limited By Partnership Alvin P. olis, Director Development Department BY: LAND DEVELOPMENT, INC, a California Corporation as APPROVED AS TO FORM: General Partner L71W 1tG Ts41 AotingCity Attorney BY: Stanley @0�esidentr By � / i1 Dep y (Attach Notary Acknowledgment) CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss . CITY OF FRESNO ) On this ' 3 day of in the year 1214 before me L/Se tl , personally appeared _Q.4W )0d0S , 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 A4g2:t1.Z Deputy RFD:dlk:LAND325/+5138 GL2 L25 �f ice... • STATE OF CALIFORNIA COUNTY OF FRESNO ) S.S. On November 5, 1992 before me, • ANGELA J. BROWN a Notary Public in and for said County and State,personally appeared FOR 140TARY SEAL OR STAMP STANT.FV SPANQ W H personally known to me(or proved to me on the basis of satisfactory W evidence)to be the personm s)whose naere s)War*subscribed to the within instrument and acknowledged to me that helsheAhey executed _ the same in hisMerAheir authorized cepedty(ies�and that by hieftwAheir signatures)on the instrument the person(s),or the entity upon behalf Hrft J- A►ft)fMfM of which the persons)acted,executed the instrument. pR"WAL E N. WITNESS my h official seal * ff.Nor.lf,19� Signature F 2492(5-91) t . EXHIBIT A Lot 29 of DeWitt Colony, according to the map thereof recorded in Volume 4 , Page 72 of Plats, Fresno County Records . Excepting therefrom that portion thereof deeded to the State of California for freeway purposes by Deed recorded August 18, 1959 as Document No. 57558 in Book 4262, Page 144 , Official Records of Fresno County, described as follows: Beginning at the Northeast corner on said Lot, said Northeast corner being at coordinates 8-534 , 094 . 629 feet and X-1, 745 808. 078 feet; (1) along the North line of said Lot and its Westerly prolongation, North 890 41' 10" West, 659 .38 feet to the West line of the Southeast quarter of Section 14, Township 13 South, Range 19 East, Mount Diablo Base and Meridian; thence (2) along said West Line, South 00 06 ' 40" East, 263 .44 feet; thence (3) at right angles, North 89' 53 ' 20" East, 20 . 00 feet; thence (4) North 290 53 ' 20" East, 202 . 51 feet to a line parallel with 92 feet Southwesterly, measured at right angles, from the center line of the Department of Public Works Survey from Princeton Avenue to Madera County Line, Road VI-FRE-4-C; thence (5) along said parallel line, South 490 28 ' 00" East, 682 .59 feet; thence (6) South 440 02 ' 00" East, 30.26 feet to the East line of said Lot; thence (7) along said East line, North 00 12 ' 13" West, 544 . 62 feet to the point of beginning . ALSO EXCEPTING THEREFROM any portion thereof lying within the South 563 . 56 feet of the Southeast quarter of said Section 14 . TOGETHER WITH that portion of public right of way lying in said Lot 29 , vacated by Resolution No. 89-325, recorded April 26, 1990, as Document No. 90047914, Official Records of Fresno County. RFD:dlk LAND325/+5138