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HomeMy WebLinkAboutT-3261 - Agreement/Covenant - 6/30/2006 (2) 88129620 RECORDED AT REQUEST OF CHICAGO TITLE PLEASE CONFORM ----- `�` A IN. PAST. _.M NOV 181988 FRESNO COUNTY.CALIFORNIA GALEN LARSON,County RrFEE d j�-------------------SPACE ABOVE FOR } C�f � E�LTSP.W. File No. 7520 Development Department UGM No, 281 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK FEES AND CREATION OF LIEN Tract No. 3261 "Mansionette Estates No. 17" RECITALS WHEREAS, Headliner Development Company, a California Corporation, 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. 3261, consisting of Eidhty Five (85) lots: and WHEREAS, the Subject Property is subject to UGM Park fees pursuant to Section 12-4 . 509 of the Fresno Municipal Code in the estimated amount of Twenty Thousand Six Hundred Ninety One and 00/100, Dollars ($20, 691 . 42) for the following: o� a UGM Neighborhood Park Fee Service Area No. 7 Zone District: R-1-C/UGM 27.47 Gross Ac @ $822 .00/Ac $22,580. 34 Less $1,88. 92 paid with Early Issuance of Building Permit for Lots 5 through 10 and 21. Net Defferred $20, 691.42 Total Estimated Amount $20, 691. 42: 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 fees until such time that the issuance of building permits is requested by the Covenantor or his successors and assigns for such construction. COVENANTS, CONDITIONS, AND RESTRICTIONS For favorable action on, and approval of. the Covenantors Final Tract Map upon the Subject Property, as referred to hereinabove. Covenantor hereby covenants as follows : 1. All UGM Park 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 r .. 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. -2- 4 r 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 . 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 . -3- 4 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: If Ar Accepted by: COVENANTOR CITY OF FRESNO HEADLINER DEVELOPMENT COMPANY, a Municipal Corporation a California Corporation By George K. Kerber, Director Development Department Bli�i�I, �. APPROVED AS TO FORM: HARVEY WALLACE City Attorney %. By . Deputy (Attach Notary Acknowledgement) STATE OF CALIFORNIA ) ss. COUNTY OF FRESNO ) On this ( ay of �©VWJIW- in the year before me o personnally appeared eg!�eor a 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. JAC NE L. RYLE, CMC Cit Clerk oux-a n4Dt Puty Dated: 14 1906 � LR:tag 7458d/424 -4- 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. STATE OF CALIFORNIA On thisge�.........day o1: ''"' ..........in the year COUNTY OF. -*_Q............ss. .. ......................................................before me, ...........................................a Notary Public,State of California, duly nsea and sworn, onally ppeared... OFFICIAL SEAL personally known to e r proved to me on the basis of satisfactory evidence) DENISE L SNELL to be the person who executed the within instrument as......................... WINOTARY PUBLIC - CALIFORNIA or on behalf of the corporation therein named and acknowledged to me that FRESNO COUNTY such corporation executed the within instrument pursuant to its by-laws or a My comm. explres.AUG 21, 1992 resolution of its board of directors. IN WITNESS WHEREOF I have hereunto set my hand and affixed my ficial seal in the............................County of.................... TM,dwwrwr Is o*a pbrm-mid mq to prop•br oN in sftA .... �5 1�. .................on the d to in ate. *w"Mm ow n no W"am w i.YMwdw1 b W.L•s bsbww br to 1 C,Clan w00,.TMw*0ADNr0nN"wrywYrrn*WW* ww ANbAr =5 - -__�tnn — Mw V&WNy a wq W '- w Ar VA@bWy a A»N bmr in wy,p,N0 twracw. Notary Public State of California Cowdery's Form No.28—Acknowledgement to Notary Public— ' Corporation(C.C.Seca.1190-1190.1)—(Rev. 1/83) My commission expires Deputy (Attach Notary Acknowledgement) STATE OF CALIFORNIA ) ss. COUNTY OF FRESNO ) , I On this fr day of NDVftqL077 in the year before me d personnally appeared C—ce YA e- A. k , 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 . JACNE L. KYLE, CMC CitIFELlerk puty Dated : �' 17, Orh1g8s - LR:tag 7458d/424 -4- lY,1 l EXHIBIT 'A' The land referred to in these covenants are situated in the State of California, County of Fresno and is described as follows : Lots 11 and 12 of Perrin Colony No. 2 , according to the amended map thereof recorded in Volume 4 Page 68 of Plats, Fresno County Records: EXCEPTING therefrom the East 330 feet of the North 660 feet thereof. ALSO EXCEPTING a portion of Lot 11 and Lot 12, described as follows: Beginning at the Southeast corner of said Lot 12, said point being also the Southeast corner of the Northeast quarter of Section 35. Township 12 South, Range 20 East, Mount Diablo Base and Meridian; thence South 890 50' 00" West along the South line of said Lot 12 and said Northeast quarter a distance of 478 .21 feet; thence North 0' 02 ' 27" East parallel with the West line of said Lots 11 and 12, a distance of 749 .73 feet; thence South 89' 57 ' 33" East, a distance of 147.80 feet; thence South 0' 00 ' 35" West parallel with the East line of said Lot 11, a distance of 85.00 feet; thence North 890 451 52" East parallel with the North line of Lot 11, a distance of 330.00 feet to a point on the East line of Lot 11; thence South 0' 00' 35" West along the East lines of Lots 11 and 12 and the East line of said Northeast quarter, a distance of 664 . 59 feet to the point of• beginning. For the purposes of this description, the East and South lines of Lot 12 and the East line of Lot 11 of Perrin Colony No. 2 are assumed to be the East and South lines of the Northeast quarter of Section 35, Township 12 South. Range 20 East, Mount Diablo Base and Meridian. LR:mv 7458d/424