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Home My WebLink AboutT-3723 - Agreement/Covenant - 6/20/2006 (2) RECORDED AT REQUEST OF ' CENTRAL TITLE COMPANY AT...=.MIN. PASTf.M Recording rtyueV6,;by AUG 2 11986 Cdty Clerk, Fresno, California 86096175 No wee;-Govt. rode 6103 FRESNO COUNTY, CALIPORN1A Return p City Clerk, Fi£Sn0 GALEN (ARSON, County Recorder DEPUTY R:CORDER S -------------------SPACE ABOVE FOR RECORDER ' S USE------------------- Tract No . 3723 Development Department UGM No. 201 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK FEES AND CREATION OF LIEN (Tract No. 3723) RECITALS WHEREAS, FREEDOM/EARL, 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 as Lot 87 of Tract No. 3693 , Independence Crossing, according to the map thereof , recorded in Volume 44 , Pages 32 , 33 , 34 and 35 of Plats , Fresno County Records, said property being further subdivided by the final map of Tract No . 3723 , consisting of fifty (50) 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 Thousand , Seven Hundred Thirty Seven and 55/100 Dollars ($20,737 . 55) for the following: UGM Neighborhood Park Fee Service Area No. 1 Zone District : R-2/UGM Fee Derived by Proration of Tract No. 3693 (Lot 87) = $20,732 . 55 Less $432 .03 each for Lots 45 , 46 and 47 of Tract No. 3723 Due at Final Map Approval [$ 1 , 296 . 091 Total Estimated Deferrable Amount $19 , 441 . 46; and WHEREAS. Covenantor desires to have a Final Tract Map 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. 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 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 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: Accepted by: COVENANTOR CITY OF FRESNO FREEDOM/EARL, INC. , a Municipal Corporation a California Corporation By �• / George . Kerber , Director By �- 1 z�' !' Development Department RONALD F. EARL, PRESIDENT ATTEST: By �`•' Wit' ':'/' JOYOE W. EARL, SECRETARY JACQU -1NE L. RY City Clerk By 4�ORM: eputEDR V AAPP O S JAMES A. McKELVEY City Attorney By Deputy (Attach Notary Acknowledgement) GSA:mv 6486g/148 y COVENANTOR STATE OF .CALIFORNIA ) 860961/5 } ss. COUNTY OF FRESNO n this �"l`Ki� day of-&44LLL , in the year XUP , before me 0 JQXQ.?_A*' personally appeared 6Peyge- o_ Zee6i�/" , personally known to me (or proved to me on the basis of satisfacttory evidence) to be the person who executed this instrument as le dc_ I,i pm � 3rezi6Ir , ofand acknowledged to me that the -Fr",7u executed it. JACQUELINE L. KYLE, CMC City Clerk BYCuxa�i � Deputy v GSA:MV 64869/148 :i 1 (: 1 .i'._'j lit 5, 1`)'36, !;eLnre :fie, tho! a '�o1. ,ty 7+iblic in and for said County ,unci State, personally appeared Ronald F. Earl, personally known to tie to be the President and Joyce W Earl, personally, known to me to be the Secretary of FREEDOM-EARL, INC., the corporation that executed the within instrumont and personally known to me to be the persons who executed the within instrument on behalf of said eoropoLation. • �IIIIIIIIIIIIIIIIIIIIIIIIIIt111tp111tlttttlltttlUlN111 OFFICIAL SEAL - SHIRR!J. KIMMEL �A NOtA v fUSLIC • CALLFOINIA x. PAMCIFAI OFFICI IN