HomeMy WebLinkAboutT-3221 - Agreement/Covenant - 6/22/2006 (2) J J L ( P -
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Tract No. 3221 Development Department
UGM No. 166 City of Fresno
STATEMENT OF COVENANTS
FOR UGM PARK AND FIRE STATION FEES
AND CREATION OF LIEN
(Tract No. 3221)
RECITALS
WHEREAS, G.E.C.T. Properties, 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 in attached Exhibit "A", said property
being further subdivided by the final map of Tract No. 3221
consisting of fifty-six (56) lots; 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 amount of approximately $15, 578. 00; and
WHEREAS , Covenantor desires to have a Final Map 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 is requested by the Covenantor or his successors and assigns
for such construction, or until all or part of the Subject Property
is sold whichever shall occur earlier.
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, or upon the close of
escrow for the sale, lease or transfer of any of the subjet
property, whichever shall occur shall earliest in time.
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 .
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 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.
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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: 814"
Accepted by: COVENANTOR
CITY OF FRESNO G.E.C.T. PROPERTIES ,
a Municipal Corporation A General Partnership
By
George A. Kerber, Director
Development Department
ATTEST:
JACQUELINE L. RYLE
City Clerk
By
Deputy
APPROVED AS TO FORM:
JAMES A. McKELVEY
City Attorney
By
Deputy (Attach Notary Acknowledgement)
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TITLE
(Corporation as a Partner of a Partnership) �AND INSURANCE
AND TRUST
STATE OF CALIFORNIA AncatcastnAur
COUNTY OF Stanislaus } SS.
• On June 119 119, , before me, the undersigned, a Notary Public in and for
T said State,personally appeared Ronal F Far, known to me to be the
Presidents RPk2�1 �?
W
*9==of Valley Construct on Co-
w the corporation that executed the within instrument and
W known to me to be the persons who executed the within instru-
ct ment on behalf of said corporation, said corporation being
I- known to me to be one of the partners of
a P r 9pg�t�eS the partnership I OFFICIAj SEAL --'
rhxecuted thcwithin instrument,and acknowledged to me { •:•,� KATHIE PALOMBI
NOTARY PUBLIC— A
uch corporati6"xecuted.the same as such partner and � . PRINCIPAL OFFICEI INRNIuch partnership executed the same. _r STANISLAUS COUNTY
WITNESS m hand and official seal. — ---_ _MY Commission Expires Feb. 19, 1985
(This area for official notarial seal)
EXHIBIT "A"
DESCRIPTION:
That portion of Lots 528, 553, and 554 of Bullard Lands Irrigated
Subdivision No. 6, recorded in Volume 8, Page 25 of Plats, Fresno
County Records, described as follows :
BEGINNING at the southwest corner of said Lot 553 ; thence North
0° 30 ' 20" East, along the West lines of said Lot 553 and 528, a
distance of 675. 04 feet; thence south 891 29 ' 40" East, a distance
of 95. 00 feet to the intersection with a tangent curve concave to
the southwest; thence southeasterly along said curve, having a
radius of 50. 00 feet, through a central angle of 90° 00' 00" , an
arc- distance of 78.54 feet; thence South 0° 30' 20" West, a
distance of 11. 52 feet; thence North 890 54 ' 13" East, a distance of
492. 40 feet to the East line of said Lot 554 ; thence South
00 30 ' 29" West, along the East line of said Lot 554, a distance of
612. 00 feet to the Southeast corner of said Lot 554 ; thence South
890 54 ' 13" West, along the South line of said Lots 554 and 553, a
distance of 637 . 38 feet to the point of beginning.
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