HomeMy WebLinkAboutT-3648 - Agreement/Covenant - 6/21/2006 (4) -------------------SPACE ABOVE FOR RECORDER ' S USE-------------------
Tract No. 3648 Development Department
UGM No. 183 City of Fresno
STATEMENT OF COVENANTS
FOR UGM PARK AND FIRE STATION FEES
AND CREATION OF LIEN
(Tract No. 3648 )
RECITALS
WHEREAS, PARR - FIG GARDEN DEVELOPMENT, a Californa
Corporation, , 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 Lot 998 of Bullard
Lands Irrigated Subdivision No. 6, according to the map thereof
recorded in Book 8 Page 25 of Plats, Fresno County Records , said
property being further subdivided by the final map of Tract
No. 3648 , consisting of eighteen (18) 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 $30,423 . 92; 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 whichever occurs first .
COVENANTS, CONDITIQNS, 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 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.
-2-
The conditions and obligation* 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:
Accepted by: COVENANTOR
CITY OF FRESNO PAR�IG GARDE DEVELOPMENT,
a Municipal Corporation a s ornia C r ration
By -�� By: G
George6A. Kerber , Director
Development Department
ATTEST: By:
JACQUELINE L. RYLE
City Clerk
By kV�22C- �CIY.dL/
Deputy
APPROVED AS TO FORM:
JAMES A. McKELVEY
City, Attorney
J
By & &A&-
Deputy (Attach Notary Acknowledgement)
GSA:ems
8943G/12
STATE OF CALIFORNIA ss.
-
COUNTY OF Fresno
On this 3 1 th day of Fal•,r„a rt. , in the year 19 8 S
' before me, the undersigned, a Notary Public in and for said State, personally appeared
Frank J Parr and Mich a
, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person who executed the
within instrument on behalf of the Corporation therein named,and acknowiedged to me that
the Corporation executed itFRANTZICH .
FUGu, WITNESS my hand and official seal.
I CGJ_;TY, CALIFORNIA
l n ;;siar Expires Oct.30. 1937 j
Notary Public in and for said State.
A'.KNOWLEDGMENI—Corporation—WOICOns form 222CA•X—Per-55,82
1932 WOLCOTTS.INC --_- .- --