HomeMy WebLinkAboutT-3590 - Agreement/Covenant - 6/22/2006 8711983 RECORDED AT REQUEST OF
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FRESNO COUNTY.CALIFORNIA
GALEN LARSON,County Recorder
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BY DEPUTY RECORDER
-------------------SPACE ABOVE FOR RECORDER ' S USE-------------------
P.W. File No . 8090 Development Department
UGM No. 192 City of Fresno
STATEMENT OF COVENANTS
FOR UGM PARK AND FIRE STATION FEES
AND CREATION OF LIEN
Tract No. 3590
"Fancher Creek Ranch"
RECITALS
WHEREAS, Pacific Homes , a California Limited 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. 3590,
consisting of seventy-one (71) 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 estimated amount of Twenty-two Thousand
Five Hundred Eighty-eight and Seventy-one ($22 , 588 . 71) for the
following:
UGM Fire Station Fee
Service Area No . 15
Zone District : R-1-UGM
17 . 47 Gross Ac @ $605 .00/Ac = $10, 569 . 35
rs . UGM Neighborhood Park Fee
Service Area No. 2
Zone District : R-1-UGM
17 . 47 Gross Ac @ $688 . 00/Ac = $12 , 019 . 36
Total Estimated Amount $22 , 588 . 71; 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.
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 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. 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 Cade Section 65961 .
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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 .
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 .
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DATED: ;j7`Cr
Accepted by: COVENANTOR
CITY OF FRESNO Pacific Homes , A California
a Municipal Corporation Limited Partnership
BY �J a. 6� Sutter Street Development
Georg A. Kerber, Director Company, Inc . , a California
Development Department Corporation, General Partner
ATTEST: By
JACQUELINE L. RYLE Verlin C. Lambeth, President
City Clerk
BY CIr-2 j(1yu C,
Deputy
APPROVED AS TO FORM:
HARVEY ALLAC
City AtTprney
By
De uL (Attach Notary Acknowledgement )
a
M I W: )h COUNTY OF LIF E V I�
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8808g/228 MOn _3 {/19e7 before me,the undersigned,a Notary Public in and for
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said State,personally appeared 4 113&714 and
lE personally known to me(or proved to me on the
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basis of satisfactory evidence)to be the persons who executed the within instrument as
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s y E President and Secretary,on behalf of -S'-/7-TiEZ
v 5/-kOE7 /Leo-VE-[CPI-46T 6",-4"Y, /n/-f
• a the corporation therein named,and acknowledged to me that said
N corporation executed the within instrument pursuant to its by-
c co laws ora resolution of its board of directors,said corporation being
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'-r' 0)E known to me to be the general partner of
°a¢ A C,AUju° 1.4 GM/ re—z;' GFV1%01AL SE-,`tL.
the limited partnershi that executed the within instrument,and ��- ::.. ,� )0
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acknowledged to me that such corporation executed the same as .�(� �+ rl NOTAW.' =;! IC Cr.uLOFNIA
N such partner and that such partnership executed the same.WITNESS my hand and official seal. 'ti, :: GGI;rtiTY
co -, My Cori, =z•:res�coi )7 1989
o SignatureT. '"rT'.. < .
(This area for official notarial seal)
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