HomeMy WebLinkAboutT-3685 - Agreement/Covenant - 6/20/2006 (4) -------------------SPACE ABOVE FOR RECORDER 'S USE-------------------
P.W. File No. 8061 Development Department
UGM No. 161 City of Fresno
STATEMENT OF COVENANTS
FOR UGM PARK AND FIRE STATION FEES
AND CREATION OF LIEN
(Tract No. 3685)
RECITALS
WHEREAS, NEW DIMENSION HOMES. A Partnership, 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 Outlot "I" of Tract 3545 , Westwood
Park recorded in Volume 41 of Plats , at Pages 56 thru 57, Fresno
County Records , said property being further subdivided by the final
map of Tract No. 3685, consisting of sixty-two (62) 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 $14, 805 .70; and
WHEREAS, Covenantor desires to have a Final Tract Map No. 3685
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 CONDITIONS AND RESTRICTIONS
For favorable action on, and approval of , the Covenantor ' s Final
Tract Map upon the Subject Property, as referred to hereinabove,
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.
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 .
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: r 7 f 1�t5�
Accepted by: COVENANTOR
CITY OF FRESNO NEW DIMENSION HOMES, A Partnership
a Municipal Corporation
BARGAIN HOMES, IN P rtner
By
George Kerber, Director B G
Development Department `-President
G,,-
P G,,
ATTEST: By - -
.Secretary
JACQUELINE L. RYLE
City Clerk BETTER HOMES, SNC.;; Partner
By c c,L� �GZZL 2 uC:1-Cr'Z � By '
Deputy Presid
O FORM• B ` ,
APPROVED AS T y _
Secretary
JAMES A. McKELVEY
City Attorney GARY MASON, .INC. , Partner
By Lil� _ By _
Deputy.-.::7 idtent
Secr tary
(Attach Notary Acknowledgement)
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STATE OF CALIFORNIA __ O) TTL'E NSE ANO
STATE OF CALIFORNIA O) SAFECO
SS. TITLE INSURANCE
SAFECSTATE OF CALIFORNIA
SS. ® TITLE NS �
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COUNTY OF
On this the day of before me,the undersigned,a Notary Public in and for
CL`0 N said State,personally appeared
`o personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the
i President,and u �,-" -- =• 2
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personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the
Secretary of
Q _ `;�„ �� — -•_-` the corporation that FOR NOTARY SEAL OR STAMP