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Home My WebLink AboutT-3646 - Agreement/Covenant - 6/21/2006 (2) Y ' R OTitle, ..S ............. AT..........MIN.'PAST ......M - 8�o44sao � APR 131987 PRIM Qouwy,CAUFORIdA GALEN LARSON,County Rocord*r -------------------SPACE ABOVE FOR RECORDER' PU------ -- -- TY RECpRD�if- --P.W. File No. 8230 Development Department UGM No. 221 City of Fresno - - STATEMENT OF COVENANTS FOR UGM PARK FEES AND CREATION OF LIEN Tract No. 3646 RECITALS WHEREAS, Penstar, A California Corpration, 4955 East Andersen, Suite 123 , Fresno, California 93727, 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. 3646, consisting of seventy-one (71) lots; and WHEREAS, the Subject Property is subject to UGM Park fees pursuant to Section 12-4 . 508 of the Fresno Municipal Code in the estimated amount of Eighteen Thousand Five Hundred Fifty Nine Dollars ($18, 559 . 00) for the following: UGM Neighborhood Park Fee Service Area No . 1 Zone District : R-1/UGM 18 . 90 Gross Ac @ $982 .00/Ac = $18, 559 .00 Total Estimated Amount $18 , 559 .00; 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 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 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 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- 1 ' 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: -.--0 Accepted by: COVENANTOR CITY OF FRESNO Penstar , A California Corporation a Municipal Corporation By Q r George A. Kerber, Director By Development Department ATTEST: B JACQUELINE L. RYLE City Clerk By Deputy APPROVED AS TO FORM: C. WI LIAM BREWER Actin Ci/tyo jArnBy �/` D pu (Attach Notary Acknowledgement) MIW:mv 8708g/224 (DSMECO o d TITLE INSURANCE STATE OF CALIFORNIA }S.S. ?t N COUNTY OF _ Fresno . v On this the 13th- day of March 19 87 before me. �! the undersigned. a Notary Public in and for said County and State. FOR NOTARY SEAL OR STAMP personally apoeareC `z T. L. Brooks, Jr. personaliy ' mown to me or proved to r^ -e eie gas s--1 satisfactory evidence to�e the Vice President.and -� E r. ,, ,� o Pam Dean personally known to me or proved to me on the basis of satisfactory evidence to be U Secretary of the corporation that executed the within 6 instrument on behalf of the corporation therein named, and acknow- +I htv °T� ` n, rptres Jt ri 26,!9S9' Z ledged to me that such corporation executed the within instrument O pursuant to s la o resolu n of its board of directors. O d rn d w Signature - a in Leta M. iava 0 i� rX;J, _ LEGRL DESCRIPTION PARCEL 1: THE NORTH HALF OF LOT 7 OF PERRIN COLONY NO. 2, ACCORDING TO THE AMENDED MAP THEREOF RECORDED IN VOLUME 4 PAGE 68 OF PLATS, FRESNO COUNTY RECORDS, TOGETHER WITH THE SOUTH HALF OF LOT 7 OF SAID PERRIN COLONY NO. 2, TOGETHER WITH LOT 23 OF SAID PERRIN COLONY NO, 2, EXCEPTING THEREFROM THAT PORTION OF THE NORTH HALF AND THE SOUTH HALF OF SAID LOT 7, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 7, THENCE SOUTH 00'00'51" WEST, ALONG THE EAST LINE OF SAID LOT 71 A DISTANCE OF 662.41 FEET TO THE SOUTHEAST CORNER OF SAID LOT 7, THENCE SOUTH 89'38'48" WEST, ALONG THE SOUTH LINE OF SAID LOT 7) A DISTANCE OF 716.64 FEET, THENCE NORTH 00'22'56" WESTi A DISTANCE OF 108.05 FEET, THENCE NORTH 89'37'04" EAST, A DISTANCE OF 42.77 FEET, THENCE NORTH 00001 '38" EAST, A DISTANCE OF 554.00 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 7) THENCE NORTH 89'37'04" EAST, ALONG THE NORTH LINE OF SAID LOT 7) A DISTANCE OF 674.49 FEET TO THE POINT OF BEGINNING. PARCEL 2: PARCEL 8 OF PARCEL MAP NO. 79-51; ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 33 PAGE 26 OF PARCEL MAPS, FRESNO COUNTY RECORDS. - LEGRL DESCRIPTION PARCEL It THE NORTH HALF OF LOT 7 OF PERRIN COLONY NO. 2, ACCORDING TO THE AMENDED MAP THEREOF RECORDED IN VOLUME 4 PAGE 68 OF PLATS, FRESNO COUNTY RECORDS, TOGETHER WITH THE SOUTH HALF OF LOT 7 OF SAID PERRIN COLONY NO. 2, TOGETHER WITH LOT 23 OF SAID PERRIN COLONY NO. 2. EXCEPTING THEREFROM THAT PORTION OF THE NORTH HALF AND THE SOUTH HALF OF SAID LOT 7, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 7, THENCE SOUTH 00'00'51" WEST, ALONG THE EAST LINE OF SAID LOT 7) A DISTANCE OF 662.41 FEET TO THE SOUTHEAST CORNER OF SAID LOT 7, THENCE SOUTH 89'38'48" WEST, ALONG THE SOUTH LINE OF SAID LOT7, A DISTANCE OF 716.64 FEET, THENCE NORTH 00'22'56" WEST, A DISTANCE OF 108.05 FEET, THENCE NORTH 89'37'04" EAST, A DISTANCE OF 42.77 FEET, THENCE NORTH 00'01 '38" EAST, A 015TRNCE OF 554.00 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 7, THENCE NORTH 89'37'04" EAST, ALONG THE NORTH LINE OF SAID LOT 71 A DISTANCE OF 674.49 FEET TO THE POINT OF BEGINNING. PARCEL 2: PARCEL B OF PARCEL MAP NO. 79-51, ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 33 PAGE 26 OF PARCEL MAPS, FRESNO COUNTY RECORDS. i t• -7y3-3 yQ000s�s ,2-/- uG� TO: FROM: Development Services Division/Engineering Section SUBJECT: Development Fee Obligation Entitlement No. ,I (UGM Application No. ZZ/ ) -7-36,516, /f��=�Z� APN : 1 . UGM FIRE STATION FEE`— AloT Service Area No. 3 Zone District /13. 9'0 Gross Ac. @ $ 25/ -5�1- %ac. . . . . . . $ Service. Area No. Zone District Gross Ac. @ $ /ac. . . . . . . $ 2. UGM NEIGHBORHOOD PARK FEE Service Area No. I Zone District /tY• 90 Gross Ac. @ $ 98Z9-Q- '/ac. . . . . . . $ / SSJ oo Service Area No. Zone District ' Gross Ac. @ $ /ac. . . . . . . $ 3. SEWER CONNECTION CHARGES a. Lateral Charge - — $ cn if @ $ if $ Total Lateral Charge $ NOTE: b. Oversize Charge (UGM Reimbursement Area No . -3 ) $78 minimum charge . . . . . . . . . . . ,$ /8 90 GROSS AC @ $240/GA. . . . . . . oo NET 'AC @ $310/NA. . . . . . . . . $ Less Oversize Credits . . . . . . . . . . [$ NET OVERSIZE CHARGE . . . . . . $ g c. Major facilities sewer charge to be paid as each lot is developed- at the current rate of $200/unit. 4. WATER CONNECTION CHARGES Water Job No. 3692-_5- Time 692-STime & Materials Estimate ( E- 41/2- ; B- ) Deposit Required. . . . . . . . . . . . . $ Z--500 00 To II& a . Service connection charges T - inch services @ $ /each . . . $ - inch services @ $ /each . . . $ - inch meters @ $ /each. . . . . . $ - inch meters @ $ /each. . . . . . $ Page 1 of 3 --.' j 'i b. Frontage Charge if @ $6. 00/lf . . . . . .$ � 0 1 f @ . . . . . .$ Total Frontage Charge. . . . . . . . . . . . . . .$ --- (orlal ftrr f-o Note : 0/9/,o 4V COA130,e7iur" 46,9 F/T ✓,166jr /Vl9A,/ 07r/&?l c. Fire Hydrant Charge Cr 370 Zone District: ,Q-/-U(,,-? SB?-. 807 sf @ $0.75/100 sf. .$ q37/.0S Zone District: sf @ $1 .25/100 sf. .$ Total Fire Hydrant Charge. . . . . . . . . . . . . . .$ ev37/. D� d. Transmission Grid Main Charge (UGM Reimbursement Area No . A ) $60 Minimum charge . . . . . . . . . . . . . $ / p GROSS AC @ $435/GA. • • • . • • $ eZZ/• So NET AC @ $565/'NA. . . . . . . . . $ Less TGM Credits . . . . . . . . . . . . . . . [$ �� ] NET TGM CHARGE . . . . . . . . . . . $pg,r� a TN CONrso,cnu.� ✓ e. UGM Water Supply Well Charge: (THIS IS ALSO A DEVELOPMENT CHARGE ) Supply Well No. /0/-S ( ac) 90 Ac @ $ 800 5 / /Ac . .$ �'SyZYy. oo Less well credits . . . . . . . . $ --6a- Net well charge . . . . . . . . . . . $ ys'/Zo. 00 f. Water Construction Charge 7/ lots @ $1 .25/lot. . . . . . . . . . . . $ 938. 75 5. UGM MAJOR. STRcET CHARGE: Gross Acreage . . . /,6•90 Ac Less Area of Arterial & Collector Streets: ecy, 'e S.Sx Cole/• /OJ . . . . . . . . .[ O.83 Ac] /7z x s3� . 0 . 0 o . . 0 0[ a.z/ Ac] . . . . . . .1 Ac] NET: /7 86, —Ac `1vN ,tM �c69 'Zone: U Bio Acs, @ o %Ac. . o$ 3481/- 70 ' Less Major Street Credit. [$ -6-- Net Major Street Charge For This Zone. . . . . . . . . . . Zone: Acs. @ $ /Ac. . .$ Less Major Street Credit. . [$ ] Net Major Street Charge For This,Zone. . . . $ �- Page 2 'of 3 6. UGM MAJOR STREET BRIDGE CHARGE Zone: 45 2�( _Ac @ $ /ZS S11 /Ac. . . $ Z23Z- So Less Bridge Credit. . .[$ Net Major Street Bridge Charge for this Zone . . . . . . . . . . . . $ Zz3Z• SO Zone: Ac @ $ /Ac. . . . $ Less Bridge Credit. . . . $ Net Major Street Bridge Charge for this Zone. . . . . . . . . . . . $ 7. UGM TRAFFIC SIGNAL CHARGES: /7 �Cy Gross Ac. @ $370/Ac : • • • • • $ &&09• ZU Less signal credit . . . . $foGrx�- oo ✓ Net Traffic Signal Charge . . . . . . . . . . . . . . . . . . . $ (908.7-0 8. UGM GRADE SEPARATION CHARGE: Service Area, Zone: Gross Acs. @ $ /Ac. $ AJ 4 g , . UGM AT-GRADE RAILROAD CROSSING FEE Service Area: Acres @ $ L3Ca /Ac. . . . . . . . .$ /�c($70/lot lo, UGM TRUNK SEWE-RTEE min) Service Area: Acres @ $ /Ac. . . . . . . . .$ 1 1, UGM MAJOR STREET RIGHT OF WAY ACQUISITION CHARGE Street: Charge . . . . . .$ Street: Charge . . . . . .$ 12 . UGM LOCAL STREET RIGHT-OF-•WAY ACQUISITION/CONSTRUCTION CHARGE Street: Charge . . . . . o$ _ Street: Charge . . . .$ 13 . UGM MAJOR STREET BRIDGE RIGHT-OF-WAY ACQUISITION CHARGE Street/Canal : Charge . . . . . . .$ Prepared by: Qi�it/�? !y Date: /- x'87 Checked by: X, P.W. File No. : �Z30 Page 3 of 3