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Home My WebLink AboutT-3230 - Agreement/Covenant - 6/22/2006 (2) Fri-no -------------------SPACE ABOVE FOR RECORDER' S USE------------------- Tract No. 3230 Development Department UGM No . 55 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK AND FIRE STATION FEES AND CREATION OF LIEN (Tract No . 3230) RECITALS WHEREAS, BETTER HOMES, INC. a California Corporation , hereinafter referred to as "the Covenantor-, 11 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. 3230, consisting of twenty-two (22) lots and one outlot; 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 $12 , 976 . 48; and WHEREAS, Covenantor desires to have a Final Tract 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 . COVENANTS, CONDITIONS, AND RESTRICTIONS For favorable action on, and approval of , the Covenantor ' s Final Tract 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 to be built upon the Subject Property, or upon the close of escrow for the sale, lease, or transfer of any of the Subject Property, whichever occurs first . 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 . -2- 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: Accepted by: COVENANTOR r CITY OF FRESNO BETTER HOMES, INC. a Municipal Corporation �� Q a California Corporation By /� - Xr�L�-G7�' George,/-A. Kerber . Director zj Development Department Stanle L S, o, President ATTEST: JACQUELINE L. RYLE City Clerk By APPROVED AS TO -FORM: JAMES A. McKELVEY City Attorney// BY �d� '�lv I�M,�.� P?L& Deputy (Attach Notary Acknowledgement) GSA: ems 8892G/08 STATE OF CALIFORNIA ss. COUNTY OF Fresno #' I= On this 9 day of January in the year 19 85 before me, the undersigned, a Notary Public in and for said State, personally appeared Stanley L. Spano, President of Better Homes, Inc. personally known to me oEFIGIAL SEAL (or proved to me on the basis of satisfactory evidence) to be the person who executed the BETTY S.NAKAYAMA within instrument on behalf of the Corporation therein named, and acknowledged to me that o• NOTARY PUBLIC.CALIFORNIA NOTARY BOND FILED IN the Corporation executed it. FRESNO COUNTY kly Commlawn Eorn July 18,Wff WITNESS my hand and official seal. ACKNOWLEDGMENT—Corporation—WOlcotts Form 222CA-x—Rev.5-82 Notary Public in and for said State. i)1982 WOLCOTTS,INC. -3- EXHIBIT "A" TRACT NO. 3230 A PORTION OF LOT 22 OF DEWITT COLONY, IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA, ACCORDING TO THE MAP RECORDED IN BOOK 4 , PAGE 72 OF PLATS, FRESNO COUNTY RECORDS, LYING SOUTHWESTERLY OF THE SOUTHWEST- ERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 99 , AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF TRACT NO. 3032 , BETTER HOMES NO. 18, ACCORDING TO THE MAP THEREOF RECORDED NOVEMBER 26 , 1980, IN VOLUME 38, PAGES 1, 2 AND 3 OF PLATS, FRESNO COUNTY RECORDS, SAID CORNER ALSO BEING A POINT ON 'THE WEST LINE OF LOT 22 OF DEWITT COLONY; THENCE NORTH 000 02 ' 48" WEST, ALONG THE WEST LINE OF LOT 22 OF DEWITT COLONY, A DISTANCE OF 531 . 97 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 99 ;' THENCE SOUTH 51° 27 ' 28" EAST, ALONG THE SOUTHWESTERLY RIGHT- OF-WAY LINE OF STATE HIGHWAY 99 , A DISTANCE OF 845. 22 FEET TO A POINT ON THE EAST LINE OF SAID LOT 22; THENCE SOUTH 00° 04 ' 44" EAST, ALONG THE EAST LINE OF SAID LOT 22 , A DISTANCE OF 435. 15 FEET TO A POINT ON THE NORTHERLY .LINE OF SAID TRACT NO. 3032; THENCE ALONG SAID NORTHERLY LINE THE FOLLOWING COURSES : (1) NORTH 510 27 ' 28" WEST, A DISTANCE OF 163 . 30 FEET; (2) SOUTH 890 57 ' 12" WEST, A DISTANCE OF 13. 26 FEET; ( 3) NORTH 000 02 ' 48" WEST, A DISTANCE OF 65. 00 FEET; (4) SOUTH 890 57 ' 12" WEST, A DISTANCE OF 130 . 00 FEET; (5) NORTH 00° 02 ' 48" WEST, A DISTANCE OF 123. 66 FEET; (6) SOUTH 890 57 ' 12" WEST, A DISTANCE OF 30. 00 FEET; (7) NORTH 880 24 ' 37" WEST, A DISTANCE OF 100 . 04 FEET; (8) NORTH 000 02 ' 48" WEST, A DISTANCE OF 29 . 00 FEET; (9) SOUTH 890 57 ' 12" WEST, A DISTANCE OF 130 . 00 FEET; (10) NORTH 000 02 ' 48" WEST, A DISTANCE OF 108 . 00 FEET; (11) SOUTH 890 57 ' 12" WEST, A DISTANCE OF 130 . 00 FEET TO THE POINT OF BEGINNING.