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Home My WebLink AboutT-3457 - Agreement/Covenant - 6/30/2006 (2) i •, • . RECORDED AT REQUEST OF CZNTRAL TITLE COMPANY .......». ..••••• ... AT....... MIEN. PAST .. . ....M RxordIng rogUOV-W hl Cl.'.-,,Vcrx,Fresno,wldcr-7:4 }► n�� No Ac^•Coyt.Codo 6103& A a Rz;:,-n b C;:/Clerk,Fresno FRFSNO COUNTY, CAUFORNtA GALEN LARSON, Coupty Recorder 86000746 ��% FEE BY DEPUTY RECORDER S -------------------SPACE ABOVE FOR RECORDER' S USE------------------- PW File No. 7680 Development Department UGM No. 134 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK AND FIRE STATION FEES AND CREATION OF LIEN (Tract No. 3457) RECITALS WHEREAS, SPRADLING CONSTRUCTION CO. INC. , 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 as Lot 558 of Bullard Lands Irrigated Subdivision No. 6, in the City of Fresno, County of Fresno, State of California, as per map recorded in Book 8 , Page 25 of Plats, Fresno County Records, - said property being further subdivided by the final map of Tract No. 3457, consisting of twenty one (21) 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 $6,911 .88 ; 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, whichever occurs first. 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 fol-lows: + 860067426 1 . All UGM Park and Fire Station fees attributable to development of Subject Property shall be paid prior to tbe , 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. . w 86000'746 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 CITY OF FRESNO SPRADLING CONSTRUCTION, INC. a Municipal Corporation a California Corporation By Q. By '4�=Zzz George4A. Kerber, Director Development Department Title P.4.4 - ATTEST:' ;', ;2K:By JN QUELINE �L�.,, RY Q ;'C y Clerk l Title�l .By { Deputy APPROVED .AS TO FORM: JAMES A. McKELVEY City Attorney ByIX'6 1 Deputy (Attach Notary Acknowledgement) GSA:mv 1622g/68 STATE OF CALIFORNIAI COUNTY OF FrP Gnn SS. .0, this 25th day orNnvemher , in the year 1.485 , before me, the undersigned, a Notary Public in z and for said County and State, personally appeared SHERMAN SPRADLING personally known v to me (or proved to me on the basis of satisfactory evidence) to be the - W ------------------ President,and _ i o LA CRETA SPRADLING " 4< personally known to me (or proved to me on the basis of satisfactory '— Z O evidence) to be ------------------- W a Secretary of the corporation that executed the within Instrument, and - Coe acknowledged to me that such corporation executed the within instru- OFFICIAL SEAL _ ment pursuant t laws or a resolution of its-board of dire rs. pAT71 WARD NOTARY PUBLIC-CALIFORNIA 44 _ - PRINCIPAL OFFICE 1N - Signature X a FRESNO COUNTY -- - - w - PATTI WARD Aty Commissice Expires Mar.13,1987 0 Name (Typed or Printed) _ Notary Public in and for said County and State F.2467 R.11/82 — (This area for official notarial seal)