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HomeMy WebLinkAboutT-3638 - Agreement/Covenant - 6/22/2006 (3) -------------------SPACE ABOVE FOR RECORDER ' S USE------------------- Tract No. 3638 Development Department UGM No . 188 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK AND TRUNK SEWER FEES AND CREATION OF LIEN (Tract No . 3638) RECITALS WHEREAS, Westcal, Inc . , A California Corporation, hereinafter referred to as "the Covenantor , " without regard for number or gender , 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. 3638 , consisting of Two Hundred Fifty Nine (259) lots; and WHEREAS, the Subject Property is subject to UGM Park and Fire Station and Trunk Sewer fees pursuant to Sections 12-4 . 508 and 12-4 . 509 of the Fresno Municipal Code and Resolution No. 83-40 in the estimated amount of Forty Seven Thousand Three Hundred Forty Seven Dollars and Sixty Cents ($47 , 347 . 60) for the following: UGM Neighborhood Park Fee Service Area No. 4 Zone District : R-1-C/UGM 40. 58 Gross Ac @ $720.00/Ac = $29 , 217 . 60 UGM Trunk Sewer Fee Service Area Cornelia Zone District : R-1-C/UGM 259 Lots @ $70. 00/Lot = $18 , 130.00 Total Estimated Amount $47 , 347 . 60; 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 Trunk Sewer 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 Trunk Sewer 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 arty 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 . 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 , Lhe singular includes the plural , and the plural includes the singular . DATED: Accepted by: COVENANTOR CITY OF FRESNO WESTCAL, INC . , a Municipal Corporation A Calif rii' a Corporation By George A. erber , Director By — Development Department Title ,�� ATTEST: JACQUELINE L. RYLE City Clerk By ByTitle r2 Deputy APPROVED AS TO FORM: JAMES A. McKELVEY City Attorney By (��" ( • Deputy (Attach Notary Acknowledgement) MW:mv 4648g/121 CORPORATE ACKNOWLEDGMENT NO.202 r �5 :�^ �-T ��r�e e c �a.='i�• r 'e r?:?e y Fp e3e�i=• ".+ i?c�c State of California On this the 10thday of April 1986,before me, r, Fresno SS. Vicki K. Washer (a County of the undersigned Notary Public,personally appeared u John A Bonadelle & Dean H . Pryor >PC personally known to me ' ❑ proved tome on the basis of satisfactory evidence OcFICiA—I S1 AL � to be the person(s)who executed the within instrument as VICKI K. WASHER Pres/Chief Financial Off Behalf of the corporation therein t' a49: r NOTARY PUBLIC - C-'LlF"NIA y FRESNO COUNTY named,and acknowledged to me that the corporation executed it. WITNESS my and and official seal. My comm. expires WIG 1G, i'J8i „ Z> Notary's Signature i�i��.-�-'.-;-;.,.�-�,..;.-'..-ir�i-t'"�i��«�•'-+`�':-.��',='i:='r",c�t�'.��f'tri-�•'�.-,:fir?'-?r',2.2�-'�.e'i':^r.Yrc�.<'..-�i�i�':.tr.r'.�'�;�i�' ��.-%�'.e�-%�'•'�r'_:�i..4-'�"'t.'`.'' NATIONAL NOTARY ASSOCIATION•23012 Ventura Blvd P.O.Box 4625•woodland Hills,CA 91364 7120 122 EXHIBIT A PARCEL 1 The Northwest quarter of the Northeast quarter of Section 26 , Township 13 South, Range 19 East, Mount Diablo Base and Meridian, according to the United States Government Township Plats. Excepting therefrom the North 603 feet. PARCEL 2 The North half of the Southwest quarter of the Northeast quarter of Section 26, Township 13 South, Range 19 East, Mount Diablo Base and Meridian, according to the United States Government Township Plats. Excepting the dwelling house thereon facing Blythe Avenue and the following described property encompassing said dwelling house: Commencing at a point on the West line of the Northeast quarter of Section 26 , Township 13 South, Range 19 East, Mount Diablo Base and Meridian, which is 228 . 62 feet South of the Northwest corner of the North half of the Southwest quarter of the Northeast quarter of said Section; thence Easterly parallel with the North line of the South half of the Northeast quarter of said Section, 195. 24 feet to a point; thence Southerly 223. 11 feet parallel with the West line of the Northeast quarter of Section 26 , to a point; thence Westerly, parallel with the North line of the South half of the Northeast quarter , 195. 24 feet, a little more or lessp to a point on the West line of the Northeast quarter of said Section; thence Northerly, along the West line of the Northeast quarter of Section 26, a distance of 223. 11 feet, to the point :of commencement.