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HomeMy WebLinkAboutT-3710 - Agreement/Covenant - 6/21/2006 (3) RECORDED AT REQUEST OF &kFEC,O nee las. L4, ............. 560 AT...-....MIN. PASTrf.K M 7€�:�03 JUN 2 5 1886 Rdcor�:ny ib�i18J:Ga.. Ly City viLrk,Fresno, California FRESNO COUNTY, CALIFORNIA No Fee-Govt. Code 6103 GALEN LARSON, County Recorder Return to City Clerk,Fresno �qq• ^^� FE DEPUTY RECORDER 3- -------------------SPACE ABOVE FOR RECORDER ' S USE------------------- Tract No . 3710 Development Department UGM No . 212 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK FEES AND CREATION OF LIEN (Tract No. 3710) RECITALS WHEREAS, SPALDING G. WATHEN AND DELLA WATHEN, 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 . 3710, consisting of One Hundred Thirteen (113 ) lots; and WHEREAS, the Subject Property is subject to UGM Park fees pursuant to Section 12-4 . 509 of the Fresno Municipal Code in the estimated amount of Twenty-Eight Thousand One Hundred Thirteen and 13/100 ($28 , 113 . 13) for the following: UGM Neighborhood Park Fee Service Area No. 1 Zone District : R-1-C/UGM 39 . 98 Gross Ac @ $722 . 00/Ac = $28 , 865 . 56 Less $752 . 43 Paid for lots 102-104 = $28 , 113 . 13 Deferred Total Estimated Amount $28 . 113 . 13 ; 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 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 . 860 70903 COVENANTS, CONbITIONS, ANR 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. A11 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 66670903 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 l a Municipal Corporation 29 V�Zd By Q Sp ding Wa hen Georg A. Kerber . Director n ) Development Department Della Wathen ATTEST: JACQUELINE L. RYLE City Clerk By /Tl, Deputy ' d TITLE INSURANCE a 3 STATE OF CALIFORNIA N COUNTY OF Fresno SS. On this the 23rd day of May 1985,before me the undersigned, a Notary Public in and for said County and State,personally appeared Spalding G. Wathen and Della Wathen FOR NOTARY SEAL OR STAMP personally known to me or proved to me on the b�sp pf satisfactory evidence to be the person S whose name S subscribed to the within instrument and acknowledged thattheyexecut the same. . . 1 06 in ignature of Notary Emma Kataoka - __ ---- - STATE OF CALIFORNI.k ) COUNT I OF FRESNO j ss. 860 7dk.S03 Or. this _ �.� day of �r. N n the vear % �', before me personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument asOf r', and acknowledged to me that the executed it. JACQUELINE L . RYLE, GIC City Clerk By fl, Deputy 860' 0903 EXHIBIT "A" DESCRIPTION City of Fresno Being a Subdivision or Lots 25 and 26 of Perrin Colony No. 2, according, to the amended map recorded April 1 , 1691 in book 4, Page tit's of Pleats; Fresno County records. EXCEPTING there+irom a permanent and perpetual undivided one-half, in fee, of all minerals. gas, oils pi=troleum, naphtha and other hydrocarbon substancoa in, on or under the nbove described proaerty or recoverable therein, thereon or theretrom. with full richt oe c-ntry, in conmon with the Grantees. or the survivor or thrum, his or her heirs, e•xpcutors, administrators. successors and assigns. an owner of the oils and min^rale not excepted and reserved. to explore for, drill. dr-velop. produce, .extract, recovmr, transport and remove any of said ntncrals, ;gas, oils, petroleum. naphtha and other hydroerhan substances, tnc.ludiny, thnright to store the same, and from time to time; to construct. lay, use, maintain, eruct, repair, replace and remove thereon and thQrcrrom all derricks , roads, tanks, reservoirs, macninery, telephone, telegraph and power lines. pipe linos and other structures. on or from said property, as r.:scirved ay Security-First ilationai Bank or Los Angeles, a national hankinq association, in decd recorded March b. 1939 In nook 1719. Page 337 of Uilicial RE.-cords.