HomeMy WebLinkAboutT-2943 - Agreement/Covenant - 6/22/2006 (2) i S"(:Ordin,_q requested by ��-3 -
City Ckrk,Frfcno, Cc!*'arn!a /
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SPACE ABOVE FOR RECORDER'S USE
STATEMENT OF COVENANTS
FOR UGM FEES
• AND CREATION OF LIEN
(Tract No. 2943)
:RECITALS
WHEREAS, The Woodlands Company, a General 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 as Tract
No. 2943 Lot 9; and .
WHEREAS, the Subject Property is subject to UGM fees
pursuant to the Fresno Municipal Code in the amount of
approximately $41 , 223 . 00; _and
WHEREAS, Covenantor desires to defer payment of the UGM
fees until the Subject Property is developed.
COVENANTS, CONDITIONS AND RESTRICTIONS
For favorable action on, and approval of, the Cove-
nantor' s subdivision map for Tract No. 2943, Covenantor
hereby covenants as follows:
1. All UGM fees attributable to development of the
Subject Property shall be paid prior to the is-
suance by the City of Certificates of Occupancy for
structures built upon the Subject Property, or, as
provided for in the Fresno Municipal Code, upon
the City' s issuance of further development en-
titlements with respect to 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.
Each of the covenants, conditions and restrictions con-
tained 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 Department of Planning and Inspection of
the City of Fresno issues a written release of such con-
ditions and obligations.
The provisions of this Statement shall be deemed in-
dependent and severable and the invalidity or partial invalidity
or unenforceability of any one provision of portion thereof
shall not affect the validity of enforceability of any other
-2-
t '
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:
Accepted by: COVENANTOR
CITY OF FRESNO THE WOODLANDS COMPANY
a Municipal Corporation a General Partnership
By: PACIFIC LAND GROUP IN
G rge A. Kerber C.
Director of Planning
and Inspection By;
is ar F. Spencer �-
President
ATTEST:
JACQUELINE L. RYLE, By.; ,r!�
City Clerk JY)Carl Motschiedler
' 1 S retary
TO 449 C (9-73)
(Corporation as a Partner of a Partner-hip) TITLE INSURANCE
AND TRUST
0
STATE OF CALIFORNIA _. ATICOR Co14POin
COUNTY OF
Fresno T SS.
)
January 19 1981 _
On r before me,the undereigned,a Notary Public in and for
said State, personally appeared Richard F. Spencer known to ale to be the
President, and _ J. Carl 140tsehiedler known to me to be the
Secretary of Pacific Lane. Group, Inc. the ci,rporation that executed
the within instrument and known to me to be the persons who
executed the within instrument on behalf of said corporation.
said ca,rp-bration being known to me to be one of the partners of amas-two Mo.
he Woodlands Ccrnnan_ythe partnrr5hip C' "�' G'FICtAt. VAL o
that executed the within instrurnent, and acknowledged to me g ��('�`� if l• SALCEDDt±
that such corporation executed the same as such partner and
Ccl
G�mnh�vtery public, nix
that such partnersrecutrd the sameFRuiO OUNTY
,ion czpires Oct.25, 131
3aJs
WITNESS myth nd lrfc ..ra..... sraa a-.
Sinnature —
Linda K. Salcedo a
Mame (Typed or Printed)
(This area for official notarial seal)
JW:PW
1/16/81
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1 �I
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January 20, 1981
y.
MEMORANDUM
TO: File ,
FROM: Jim Wilson, Development Services Section
SUBJECT:. UGM Fees Being Deferred with Tract No . 2943, Lot 9
Neighborhood Park Capital Fee (Area 96)
7 .94 AC @ $3382/AC . . . . . . . $26, 853..00
Traffic' Signal Charge
7 .94 AC @ $300/AC . . . . . . .$ 2 ,382 .00
Major Street Charge
7 .94 AC @ $855/AC . . . . . . . .$ 6,788 .00
# Transmission Grid Main
7 .94 AC @ $375/AC . .$ 2 ,977 .00
Well Development Charge
7 .94 AC @ $280/AC . . . . .$ 2 ,223 .00
TOTAL - . $41 , 223 .00
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