HomeMy WebLinkAboutT-3651 - Agreement/Covenant - 6/21/2006 (3) -------------------SPACE ABOVE FOR RECORDER' S USE-------------------
Tract No. 3651 Development Department
UGM No. 189 City of Fresno
STATEMENT OF COVENANTS
FOR UGM PARK, FIRE STATION AND TRUNK SEWER FEES
AND CREATION OF LIEN
(Tract No . 3651)
RECITALS
WHEREAS, KESTERSON DEVELOPMENT COMPANY, 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. 3651,
consisting of fifty-seven (57) 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 Thirty-Three Thousand One Hundred Nineteen
and 57/100 ($33, 119 . 57) for the following:
UGM Fire Station Fee
Service Area No. 16
Zone District : R-1/UGM
12 .46 Gross Ac @ $1,242 .00/Ac = $15,475 . 32
UGM Neighborhood Park Fee
Service Area No. 4
Zone District : R-1/UGM
12.46 Gross Ac @ $980.00/Ac = $12,210 . 80
UGM Trunk Sewer Fee
Service Area Cornelia
Zone District : R-1/UGM
12.21 Gross Ac @ $445 .00/Ac = $5,433 . 45
Total Estimated Amount $33, 119 . 57 ; 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 UGH Park,
Fire Station 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, Fire Station 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 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
-2-
the City of Fresno be ttansferrable 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: 31i lek fo
Accepted by: COVENANTOR
CITY OF FRESNO KESTERSON DEVELOPMENT COMPANY, INC.
a Municipal Corporation a California Corporation
By e — Q,
George A. Kerber, Director
Development Department By X _
Jo n Kesterson, President
ATTEST:
JACQUELINE L. RYLE
City Clerk
!fo
By
Deputy
APPROVED AS TO FORM:
JAMES A. McKELVEY
City Attorney
B,y 0__.JJ
_44Vr,4--
Deputy (Attach Notary Acknowledgement)
4536g/114
57 ATE OF CALIFORNIA S.S. G)SMEC0
C:DUNTY OF FYesno
TITLE INSURANCE
Cm this the 18th day of�Ch 19�6before me,
til the undersigned, a Notary Public in and for said County and State,
prBrsonally appeared John Kesterson
$ personally FOR NOTARY SEAL OR STAMP
vi kmown to me or proved to me on the basis of satisfactory eviderme to be
this President„add'/!1////U//U//U/11�
LD 7
KRISTIE ALLEN
kc++d�l/r>'/t�/ /a/dr6J�b,lOVi444+��a�hbfdafs��fdoh/�iE�da�,ld�e �w�” �pOFFICIAL SEAL
f ��/ $�.j��
n of the corporation that executed the within ,
M NOTARY PUBLIC CALIFORNIA
intstrument On behalf of the corporation therein named, and acknow- FRESNO COUNTY
lend to me that such corporation executed the within instrument '�
U � �o Mr Commission Exp.June 6, 1986
piursuant to its by-laws or a resolution of it's board of directors.
(Notary signature line)
UJ
U < y --- -- -- — —
U) ("His name(notary's)shall be typed or legibly printed")
(Sec.8205-Government Code 1959)
EXHIBIT "A"
LEGAL DESCRIPTION
All that portion of the Northeast quarter of Section 22, Township 13 South,
Range 19 East, Mount Diablo Base and Meridian, described as follows:
Beginning at a point on the North line of said Northeast quarter of Section 22
which bears South 890 53' 44" West along said line, a distance of 864.72 feet
from the Northeast corner of said Northeast quarter of Section 22; thence
leaving said North line, South 000 00' 13" West, a distance of 206.00 feet;
thence North 890 53' 44" East, a distance of 207.00 feet; thence South 000 00'
13" West, a distance of 831.98 feet; thence North 890 59' 47" West, a distance
of 104.95 feet; thence South 000 00' 13" West, a distance of 20.31 feet;
thence South 89° 55' 03" West, a distance of 535.16 feiet; thence North 000
04' S7 West a distance of 155.00 feet; thence North 890 55' 03" East, a
distance of 0.39 feet; thence North 000 04' 57" West, a distance of 260.00
feet; thence North 890 55' 03" East, a distance of 31.33 feet; thence North
00' 04' 57" West, a distance of 298.14 feet; thence North 890 53' 44" East, a
distance of 195.51 feet, thence North 000 00' 56" East, a distance of 344.75
feet to a point-on the North line of said Northeast quarter of Section 22;
thence North 890 53' 44" East, along said line, a distance of 206.87 feet to
the point of beginning.
APN 311-222-15
Tract No. 3651