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HomeMy WebLinkAboutT-3631 - Agreement/Covenant - 6/22/2006 ` RECORDED AT REQUEST OF t 1lV r' - AT�=n.�m �r�AST _�' ��1 rIBCGi i.':7y tity:aia.c _ ; J Li L.0 O 1! Ci C.,'ark Fresno, C'z!dornia FRFSNO COUNTY CALIFORNIA NO hoe-Govt. Cade 6103 GALEN (ARSON. County Recorder Return to City Clerk,Fresno EPUTY R.ECORCEn -------------------SPACE ABOVE FOR RECORDER ' S USE------------------- Tract No. 3631 Development Department UGM No. 195 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK, AND FIRE STATION FEES AND CREATION OF LIEN (Tract No. 3631) RECITALS WHEREAS , FRESNO LAND GROUP I . a General 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 Parcels B and C of Parcel Map 80-65 recorded in Book 37 Pages 27 and 28 of Parcel Maps , Fresno County Records , said property being further subdivided by the final map of Tract No. 3631, consisting of Seventeen (17) 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 Fifty-Three t Thousand Six Hundred Fifty-Four and 20/100 ($53 , 654 . 20) for the following : UGM Fire Station Fee Service Area No. 2 Zone District Acres Rate/Acre Fees R-2 1 . 68 $555 .00 $ 932 . 40 R-2-A 3 . 96 $555 .00 2 , 197 . 80 R-P 4 . 09 $492 .00 2 ,012 . 28 C-P 4 . 95 $492 .00 2 , 435 . 40 P 3 . 48 $492 .00 1 ,712 . 16 $9 , 290 . 04 f t UGM Neighborhood Park Fee 0S49U4 Service Area No. 6 Zone District Acres Rate/A¢re Fee R-2 1 . 68 4 , 514 .00 $ 7, 583 . 52 R-2-A 3 . 96 4 , 514 .00 17, 875 . 44 R-P 4 .09 1, 510 .00 6, 175 . 90 C-P 4 . 95 1, 510.00 7,474 . 50 P 3 . 48 1, 510.00 5, 254 . 80 $44 , 364 . 16 Total Estimated Amount $53 , 654 .20; and WHEREAS, Covenantor desires to have d Final Tract Map subdividing the Subject Property approved by the City of Fresno; and WHEREAS, Covenantor desires to deferipayment 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 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, 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 Subiect Pronarty. his 1 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 . DATED: S /Qr('/1 Accepted y: COVENANTOR CITY OF FRESNO FRESNO LAND GROUP I , a Municipal Corporation a General Partnership By / g' FRESNO LAND GROUP, George A. Kerber , Director a General Partnership, Partner Development Department ATTEST: By Hal La Coste, Partner JACQUELINE L. RYLE City Clark y /J/ B ��c i�/ l By !{� �c.6c� -_ L( 1tcc'AC.rz �'_`�_ Massud S . Nury, Pattner._ — Deputy APPROVED AS TO FORM: JAMES A. McKELVEY City Attorney By Deputy (Attach Notary Acknowledgement ) GSA: ems 5193g/126 a'i^h time as the Director of the ST3TE OF CALIFORNIA ) COL':JTy OF FRES:;0 j ss• 860 75904 On this--- `day of June { Elvia Sommerville, Deputy City Clerk " — + n the year 1986 9 before me Personally personally appeared George A. Kerber known to to 0e the me (or proved to me on the basis of person ;� satisfactory evidence) ho executed this instrument as Director Development De of City of Fresno and acknowledged to Department Fresno S me that the City of _execLted it. JACQUELINE L. RYLE, CMC City Clerk n U ('-� 8y Accepted VY: Deputy State of California County of Fresno On this thea;6)ay of_ �_1986, before me the undersigned a notary publ c in and for said County and State, personally appeared MasSud Nury aka M. S. Nury and Hal LaCoste personally known to me (or proved to me on the basis of satisfactory evidence) . to be the persons who executed the within instrument as general partners on behalf of Fresno Land Group, a Genera Partnership the Gey:.: : .::' ship therein name, arid, acknowledged to me that said General partnership executed the within instrument, said General Partnership personally known to be a partner of Fresno Land Group I, a General Partnership, the Partnership that executed the within instrument, and acknowledged to me that said general partnership executed the same.