HomeMy WebLinkAboutPM 1992-33 - Agreement/Covenant - 8/15/2006 PV ` ' 94085703 PLEASE ; �c
~ 11 CORDS OF
N PAST
MAY Z 0
_ WUMN rG GW�t'IW000
-------------------SPACE ABOVE FOR RECORDER' S USE---- -- ----------
UGM No . 516 Development Department
�" '.. City of Fresno
STATEMENT OF COVENANTS
FOR THE DEFERRAL OF PAYMENT OF CERTAIN
FEES AND CREATION OF LIEN
(APN 477-030-26 (portion) )
RECITALS
WHEREAS, HABITAT FOR HUMANITY FRESNO, INC. , a California
Nonprofit Public Benefit Corporation, hereinafter referred to as
"the Covenantors, " are the owners of that certain real property in
the City of Fresno, (hereinafter referred to as "the City") , County
of Fresno, State of California, hereinafter referred to as "the
Subject Property" and more particularly described hereinbelow, the
Subject Property being also known as Fresno County Assessor ' s Parcel
Number 477-030-26 (portion) ; and
WHEREAS, the Subject Property is described as :
Parcel 2 of Parcel Map No . 4483, according to the map
thereof recorded in Book 28 of Parcel Maps at Page 80,
Fresno County Records .
EXCEPTING THEREFROM that portion of said Parcel 2, , being
more particularly described as follows :
BEGINNING at the Northeast corner of said Parcel 2 ; thence
South 000 10 ' 02" West , along the East boundary line of
said Parcel 2 , a distance of 914 . 53 feet ; thence South 890
32 ' 40" West, a distance of 630 . 36 feet to the West
boundary line of said Parcel 2 ; thence North 000 19 ' 55"
East, along said West boundary line, a distance of 918 . 08
feet to the Northwest corner of said Parcel 2 ; thence North
890 51 ' 55" East, a distance of 627 . 69 feet to the POINT OF
BEGINNING .
Statement of covenants
Deferral of Payment
APN 477-030-26 (portion)
Page Z
WHEREAS, the subject property is subject to Urban Growth
Management (UGM) water, parks , streets , bridge, traffic signal and
fire station development fees , in the amount of approximately
$12, 478 . 00 based on the present fee rates; and
WHEREAS, Covenantors desire to obtain final map approval for
Parcel Map No. 92-33 ; and
WHEREAS, the Director of the Development Department has made the
findings required under Code Section 12-4 . 506-B to defer the payment
of the above-noted UGM fees required of this development.
COVENANTS. CONDITIONS, AND RESTRICTIONS
For favorable action on, and the issuance of building permits
for the housing facility proposed on the Subject Property as
referred to hereinabove, Covenantor hereby covenants as follows :
1 . UGM water well, parks , streets, bridge, traffic signal and
fire station development fees attributable to development
of Subject Property shall be deferred and paid when
development which is not exempt under Code Section
12-4 . 506-B occurs on the subject property.
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 .
1
Statement of covenants
Deferral of Payment
APN 477-030-26 (portion)
Page 3
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 provision
Statement of covenants
Deferral of Payment
APN 477-030-26 (portion)
Page 4-
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: MffLc�, _ 99
COVENANTOR
CITY OF FRESNO,
a Municipal Corp
o ation
HABITAT FOR HUMANITY FRESNO, INC. ,
a California Nonprofit Corporation
By On), )
Alvi olis, birector
Development Department
By
jJclUe Holmes, President
APPROVED AS TO FORM:
J OUGH
City Atto n y
By (Attach Notary Acknowledgment)
eputy
STATE OF CALIFORNIA
Z COUNTY OF Fresno S.S.
March 2, 1994
On before me,
>< Donald W. Harris
6 Jac�ne blHot *sad*County and State,personally appeared FOR NOTARY SEAL OR STAMP
W
H
personally known to me(or proved to me on the basis of satisfactory
us evidence)to be the person whose name is/svt subscribed to the
within instrument and acknowledged to me that Ashea*executed
the same in bWherVAr authorized capacityfpsi,and that by>"erAhCr DONALD W.HARRIS
t ^=MM.995=4
signaturwA on the instrument the personX,or the entity upon behalf 7Zno;ary Fudio-Calitornia
of which the person acted, executed the instrument. \<��L'-�'{�! FRESNO COUNTY
41y=.nm.3x ires JAN ?0,1996
WITNESS my hand and official seal
Signature `
F 2492(591)
. s
Statement of covenants
Deferral of Payment
APN 477-030-26 (portion)
Page 5
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
ss .
COUNTY OF FRESNO )
On Z- �a 199,9 before me,
�a.�-,
personally appeared A.o -a�� �
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the persons( ) whose name(X) is/ars subscribed to the
within instrument and acknowledged to me that he/she4they executed
the same in his/=ems;4th-ir- authorized capacity(4e&) , and that by
his/h"" "he r signature(}) on the instrument(,K) the person() , or the
entity upon behalf of the CITY OF FRESNO of which the person�9)
acted, executed the instrument .
WITNESS my hand and official seal.
JACQUELINE L. RYLE, CMC
CITY CLERK
By
EPUTY
AEW:crm
LAND425/+6736