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Home My WebLink AboutT-3609 - Agreement/Covenant - 6/21/2006 (2) -------------------SPACE ABOVE FOR RECORDER' S USE------------------- Tract No. 3609 Development Department UGM No. 158 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK AND FIRE STATION FEES AND CREATION OF LIEN (Tract No. 3609) RECITALS WHEREAS, Earl Investments, a Limited Partnership, P.O. Box 6770, Modesto, CA 95355, 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. 3609, consisting of eighty five (85) 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 $18, 938. 28; 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: '�'3609 1. • All UGM Pa and Fire Station fees Atoributable 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- Therovi'sions qO thfis Statement shall be emed inde endent and PP 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 EARL INVESTMENTS , a Municipal Corporation a Limited Partnership By VALLEY CONSTRUCTION COMPANY, George A. Kerber, Director a California Corporation Development Department General artner ATTEST: By Presi ent JACQUELINE L. RYLE City Clerk By qG l-r cm i-=rxl TO 1954 CA (8-74) (Corporation as a Partner of a Partnership) ��TTTLE INSURANCE J AND TRUST STATE OF CALIFORNIA SS' A ,00a cosrvAwr Stanislaus } COUNTY OF ' On .Trine 25,, 1994 , before me, the undersigned, a Notary Public in and for said State,personally appeared Ronald d F Earl ,known to me to be the W President,and 707ire W_ Earl known to me to be the x Secretary of Valley Con- rnrt-i an Comply = the corporation that executed the within instrument and W known to me to be the persons who executed the within instru- ct mens on behalf of said corporation, said corporation being Nknown, nt be one of the partners of Earl I the partnership I OFFICIAL SEAL IW that executed the within instr ment,and acknowledged to me �' ,.�wsi" KATHIE PALOMBI that such corporate n executed the s me as such partner and '),^ NOTARY PuaLlc CALIFORNIA that such partners p executed the same. PRINCIPAL OFFICE IN STANISLAUS COUNTY WITH my nd and officci4l seal. _ _My Commission Expires Feb. 19, 19135 i Sl nature ` (This arca for official notarial seal) CAT.NO.NNO0630 TO 21946 CA(1-83) J TICOR TITLE INSURANCE (Partnership) STATE OF CALIFORNIA COUNTY OF Stanislaus SS' On June 25, 1984 before me, the undersigned, a Notary Public in and for said State,personally appeared Ronald F. Earl Y fi Y X personally known to me or proved to me on the basis of satisfactory evidence to be the person _ who executed the within instrument as r oAp the ers of the partnership t`executed the within ' strums , and acknowledged to me that such partnership xecute the same. air c a; cki WIT ESS my hand and o lcial seal. 4 KArFd'+ F"ALOME31 a I�;O'lr�F� -tui... SAL ORNIA C -ft r I.;;'iC .k (..-i-( I1•f t �I ST NiSl A'_ C�J F_b. 19, 1985 Signat Iyw�►..- v s vw o v-ry-r a►v+w- (This area for official notarial seal) .r• . 7XIIIBI'T' A • LEGAL DESCRIPTION That portion of Lot 6 of Victoria Colony, recorded in Volume 4 , Page 61 of Plats, Fresno County Records, described as follows: Beginning at the Southwest corner of said Lot 6; thence North 0° 00' 21" West along the West line of said Lot 6 , a distance of 775.84 feet; thence North 890 59 ' 39 " East, a distance of 143 . 00 feet, thence North 00 00 ' 21 " West, a distance of 4 . 04 feet; thence North 890 58 ' 51 " East, a distance of 272. 18 feet; thence South 0° 01 ' 09" East, a distance of 4 . 00 feet thence North 89° 58' 51" East, a distance of 92 .00 feet; thence South 0° 01 ' 09" East, a distance of 10 . 58 feet, thence North 89° 58 ' 51" East, a distance 148. 00 feet to the East line of said Lot 6; thence South 0° 01 ' 09 " East, along the East line of said Lot 6 , a distance of 763 .07 feet to the Southeast corner of said Lot 6; thence South 89° 47 ' 21" West along the South line of said Lot 6 , a distance of 655. 36 feet to the point of beginning.