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Home My WebLink AboutT-3679 - Agreement/Covenant - 6/21/2006 (2) RECORDED AT REOUEST OF cr ,, _ STEWART TITLE CO. PLEA% A MIN PAST IV, g'7136�61 N OV 1 31987 FRESNO CWIVTV,CALIFORNIA GALEN(ARSON.County Reorder LFE i BY DEPUTY RECORDER -------------------SPACE ABOVE FOR RECORDER ' S USE------------------- P.W. File No . 8131 Development Department UGM No. 200 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK, FIRE STATION AND TRUNK SEWER FEES AND CREATION OF LIEN Tract No. 3679 RECITALS WHEREAS, Trend Homes, Inc. , a California 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 in attached Exhibit "A" , said property being further subdivided by the final map of Tract No. 3679 , consisting of One Hundred Thirty-Eight (138) lots : and WHEREAS, the Subject Property is subject to UGM Park, 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-Two Thousand Two Hundred and no/100 ($42, 200. 00) for the following: UGM Fire Station Fee Service Area No. 16 Zone District : R-1-C/UGM 20. 00 Gross Ac @ $907 . 00/Ac = $18 , 140. 00 Less $1, 277 . 16 Paid for Lots 62-65 and 74-78 $16, 862 . 84 UGM Neighborhood Park Fee Service Area No , 4 Zone District : R-1-C/UGM 20. 00 Gross Ac @ $720. 00/Ac = $14 , 400 .00 Less $1 , 013 . 83 Paid for Lots 62-65 and 74-78 $13 , 386 . 17 UGM Trunk Sewer Fee Service Area : Cornelia Zone District : R-1-C/UGM 138 Lots @ $70. 00/Lot = $9 . 660.00 Less $630. 00 Paid for Lots 62-65 and 74-78 $9 , 030, 00 Total Estimated Amount Deferrable $39. 279 .01: 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 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. 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 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. 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 . -2- 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 . -3- 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 Trend Homes, Inc. , a a Municipal Corp ation California Corporation By George A. erber, Director by Development Department ATTEST: JACQUELINE L. RYLE by City Clerk o 0 By Deputy APPROVED AS TO FORM: HARVEY LLACE City Att me e By Deputy ) (Attach Notary Acknowledgement ) GSA: sn 1814d/300 -4- STATE OF CALIFORNIA ) COMM OF FRESNO � ss. L' On this 5th day of November in the year 1987 , before me Elvia Sommerville , personally appeared Al Solis , personally known to me (or proved to me on the basis of satisfactory evidence) t to be the person who executed this instrument as Assist. Development Director , of the City of Fresno and acknowledged to me that the City of Fresno executed it. JACQUELINE L. RYLE, CMC City Clerk 0 Deputy 9--917-99CL6 VO'SIM PuewooM • 9MI xo8 O d • 'PMg einluaA Z 1062 • NOUVIOOSSv AHVlON IVNOIlVN -<-'.CrJ��-',.•'r, "r_i=•_'' .r1i?.._;fr?' .G�'.f'i-+--GC^%!�i'r'i-",r-' -�' - ZZL OZ a� !S s,AjgON 0661 'S leo sailaxa EM le101))o pus puey AW SS NlIM A.0noo w.s'1!palnOaxe uollejodjoO ayl le4l aw 01 pabpalmouNoe pue'paweu S duvaO�llrO- Z)I�EINIGOIHD AV)i ulaJayluollejodjoOayl)o)leyaquoj�uapts za aat �uaptsazd 'Iy S �t'IO se luawnilsui ulyl!M ayl palnoexe oqm(s)uoSjad ayl aq of , OOuap!Aa/GolOe)slles)o slseq ayl uo aw of paAwd ❑ aw 01 umouN Alleuosaad aTjaPpuog •� ugor pup azo-; OPD 'K 4-iag6 pajeadde AIleuosjad'Olignd AjeION pau6lsiepun ayl �+ INIQOIHO AVX 2 QCMM o�(luno r.' ousa.z3 ) O 'aw ajo)aq t 8 6 zago�ap )o Ae12I46T 84i s!4l u0 p LLI ZOO L �p� )o alelS ZOZ'ON ✓ �" 1N3WOQ37MONMOV 3jLvbj0dIEl00 EXHIBIT "A" LEGAL DESCRIPTION: PARCELS TWO AND THREE OF PARCEL MAP NO. 2429 RECORDED IN BOOK 15 , PAGE 88 OF PARCEL MAPS, FRESNO COUNTY RECORDS.