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Home My WebLink AboutT-3593 - Agreement/Covenant - 6/21/2006 (2) MCORDED AT REQUEST OF Western Title AT.....:......MIN. PAST..40-4..M •"Reoordingr"unhdby 85049769 MAY ti? 1985 City C1o1k,Fresno,Calirorrlh No Eo&Govt:Coda 6103 8. Raum to City Clerk,Fresno FRESNO COUNTY,CALIFORNIA CALM LAR50114,County Recorder - acv �GC�no FIX ONL BY E � ---SPACE ABOVE FOR RECORDER' S USE R --- --- ---------------- -------- Tract No. 3593 Development Department UGM No. 187 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK FEES AND CREATION OF LIEN (Tract No. 3593) RECITALS WHEREAS, RIVERVIEW ESTATES, a 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 as Outlot A of Tract No.' 3151, , Rio Vista, according to the map thereof recorded in Volume 42 of Plats at Pages 10, 11 and 12, Fresno County Records, said property being further subdivided by' the final map of Tract No. 3593 , consisting of twenty-two (22) 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 amount of approximately $20, 177 .76 ; and WHEREAS, Covenantor desires to have a Final Tract Map subdividing the Subject Property approved by the City of Fresno; and i WHEREAS, Covenantor desires to defer payment of the UGM Park fees until such timethat the issuance of building permits is • � � requested by the Covenantor or his successors apd 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 follows : '- 85049769 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 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 is 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 . -2- 85049769 . "., Wdenever 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:- - 2? � 13 �9�s Accepted by: COVENANTOR CITY OF FRESNO RIVERVIEW ESTATES, a Partnership a Municipal Corporation e,?-C�� - By - Z(�� BETTER "HES. INC. , Partner Georg . Kerber. Director Development Department By nley , President ATTEST: JACQULLINE L. RYLE BARGAIN MES, rtner City jQlerk , �) c. B By r�'a�/ z Victor Ro ovsky, Pre dent Deputy APPROVED AS TO FORM: JAMES A. McKELVEY &ity.,At.t,orney By (Attach Notary Acknowledgement) GSA:dr • 0346g/48 ti (Corporation as a Partner of a Partnership) — STATE OF CALIFORNIA COUNTY OF Fresno } SS. On Apr IT 1 1 , 1985 before me, the undersigned, a Notary Public in and for said State,personally appeared Stanley Spano personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed = the within instrument as the President,-&W • �1��4�1 T�X�.�X sn�x �eanxaerir�xeei�eert��s+�irininsir��remcas�airet xS �,of -B . . .er Homes Ins., the corporate that executed he within instrument on behalf of Riverview the OFFICIAL SEAL ' the partnership that executed BETTY S.NAKAYAMA the within instrument, and acknowledged to me that such NOTARY PUBLIC.CALIFORNIA g � a.t� � NOTARY BONG FILED IN corporation executed the same as such partner and that FRESNO COUNTY such partnership executed the same. ly Commission Expires July 15,1987 WITNESS my hand and official seal. 6 .�t Signatureeaz (This area for official notarial seal) CAT.NO.NN(0636 TO 21964 CA(1-83) J TICOR TITLE INSURANCE (Corporation as a Partner of a Partnership) STATE OF CALIFORNIA COUNTY OF prPsno I On A= i r1 1 1 s 198 before me, the undersigned, a Notary Public in and for said State, personally appeared Victor Roznovsky personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed = the within instrument as the President7EYZ xx1x�cx�xxC�5cyd ��c76tdiIiLnKlifi e + ,Csif Bargain Homes, nc. the corporationghat executed I with*n instrument on I behalf of iyeryiew J�+staVes OAF FICIAtSEAwl w the partnership that executed BETTY S.NAKAYAMJ the within instrument, and acknowledged to me that such a NOTARY PUBLIC.CALIFOR corporation executed the same as such partner and that NOTARY BOND FILED I TY FRESNO COUN such partnership executed the same. WITNESS my hand andofficialseal. Signature //iL y(! � �J�c,G�y�/ (This area for official notarial seal)