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Home My WebLink AboutT-3746 - Agreement/Covenant - 6/20/2006 (2) RECORDED AT REOUEST OF STEWA 1' r �e�w��,y AT PAST01,14, Reoor�din{i f0 no, 1JI rnle 86113'703 �� i9�f� City Clerk,Frecode e103 No urnFeeto Cl, Clerk,Fresno FRESNO COUNTY.CALIFORNIA Return to lty GALEN LARSON,County Recorder [FEE BY DEPUTY RECORDER ---SPACE ABOVE FOR RECORDER' S USE------------------- P, W. No. 0276 Development Department UGM No. 200 City of Fresno STATEMENT OF COVENANTS leolt UGM PARK, FIRE STATION AND TRUNK SEWER FEES AND CREATION OF LIEN Tract No. 3746 (Phase II of Tentative Tract No. 3679) RECITALS VrA5 . D. STAPP AND DIXIE L. STAPP, husband and wife, as pint tannntn: C:IUIRLES D. RISER AND VIOLET L. RISER, husband and Viafe, as joint tenants; and HOWARD D. EASTOM AND KATHY JEAN EASTOM, «w husband and wife, 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. 3746, consisting of fifty-eight (58) lots; and WHEREAS. the Subject Property is subject to UGM Park, Fire Station 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 Sixteen Thousand Five Hundred Forty-One and ~ - 91/100 Dollars ($16, 541. 91) for the following: Station Fee Service Area No. 16 Zone District : R-1-C/UGM 8 .47 Gross Ac @ $907 .00/Ac = $ 7, 682 . 29 UGM Neighborhood Park Fee Service Area No. 4 Zone District : R-1-C/UGM 8 .47 Gross Ac @ $720. 00/Ac = $ 6,098 . 40 1 . X36113'703 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 , 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. 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 86113'703 1 Th-e 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 � s 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: ��iGZl�il�- 2 • �� . Accepted by : COVENANTORS CITY OF FRESNO JAMES D . STAPP AND DIXIE L. STAPP ,j,�,...1 a Municipal Corporation husband and wife` as joint enants - B Y GeorggY A . Kerber , Director .,, Development Department l B y ATTEST: JACQU IN L. RYLE By City Clerk BY td-tcca- igX2 CHARLES D. RISER AND VIOLET L. RISER , Deput h sband nd wife , as ,jAin t�j*d"(co Z. /� a2�fa+/ APPROVED AS FORM: u�•�o JAMES A . McKELVEY By City Attorney �dILA B y n . CyBy Deput HOWARD D. EASTOM AVbb KATH JEAN EA�TIIOM, Vsband W e "' w LLt2'Kv L?s�t 907( 6AA IU4 B STATE OF CALIFORNIA ) ) ss. COUNTY OF FRESNO ) On this � ��- day ofQ�Gc Iin the year /CL - , before me �e((tae6u -�d(az0k- ( personally appeared A- -Kxr-oo— ss113,o.' STATE OF CALIFORNIA) ss COUNTY OF FRESNO ) On this 8th day of September, 1986 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared ARTHUR J. FINI , Vice President and REBA LANIER, - Assistant Secretary, personally known to me to be the persons who executed the within instrument on behalf of said STEWART TITLE OF FRESNO COUNTY, the corporation that executed and whose name is subscribed to the within instrument as the attorney-in-fact of JAMES D. STAPP and. DIXIE L. STAPP, and acknowledged to me that they subscribed the names of JAMES D. STAPP and DIXIE L. STAPP thereto as principals and the name of STEWART TITLE OF FRESNO COUNTY, A CORPORATION as attorney in fact for said JAMES D. STAPP and DIXIE L. STAPP, and that said STEWART TITLE OF: FRESNO COUNTY, A CORPORATION, executed the same as such attorney-in-fact. WITNESS MY HAND AND OFFICIAL SEAL ED�.) OFFICIALSEAL ICKI K WASHER N ARY PUB IC TARY PUBLIC CALIFORNIA FRESNO COUNTYy comm. expires AUG 16, 1987 STATE OF CALIFORNIA) ss ^ COUNTY OF FRESNO ) On this 8th day of September, 1986, before me, the undersigned, a Notary Public in and for said County and State, personally appeared ARTHUR J. FINI, Vice President. and REBA LANIER, Assistant Secretary, personally known to me to be the persons who executed the within instrument on behalf of said STEWART TITLE OF FRESNO COUNTY, the corporation that executed and whose name is subscribed to the within instrument as the attorney-in-fact of CHARLES D. RISER and VIOLET L. RISER, and acknowledged to me that they subscribed the names of CHARLES D. RISER and VIOLET L. RISER thereto as principals and the name of-STEWART TITLE OF FRESNO COUNTY, A CORPORATION as attorney in fact for said CHARLES D. RISER and VIOLET L. RISER, and that said STEWART TITLE OF FRESNO COUNTY, A CORPORATION, executed the same as such attorney-in-fact. WITNESS MY HAND AND OFFICIAL SEAL <� OFFICIAL SEAL VICKI K WASHER NOTARY PUBLIC - CALIFORNfA ' NO ARY PUBLIC 7 FRESNO COU;M r~ My comm. expires AUG 16, 1487 STATE OF CALIFORNIA) COUNTY OF FRESNO ) ss On this 8th day of September, 1986 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared ARTHUR J. FINI, Vice President and REBA LANIER, Assistant Secretary, personally known to me to be the persons who executed the within instrument on behalf of said STEWART TITLE OF FRESNO COUNTY, the corporation that executed and whose name is subscribedto the within instrument as the attorney-in-fact of HOWARD D. EASTOM and KATHY JEAN EASTOM, and acknowledged to me that they subscribed the names of HOWARD D . EASTOM and KATHY JEAN EASTOM thereto as principals and the name of STEWART TITLE OF FRESNO COUNTY, A CORPORATION as attorney-in-fact for said HOWARD D. EASTOM and KATHY JEAN EASTOM. r All �� 86113'73 A -• EXHIBIT "A" PARCEL 1• f The West 745. 00 fee's of the West 3-1/2 acres of the North 5 acres of the South 1/2 of the Northeast 1/4 of the Northeast 1/4 of Section 26, Township 13 South, Range 19 East, Mount Diablo Base and Meridian. PARCEL 2• The West 745 .00 feet of Parcel 1 of Parcel Map No. 2708, according to the map recorded in Book 17 Page 66 of Parcel Maps, Fresno County Records . PARCEL 3• The West 745. 00 feet of Parcel 2 of Parcel Map No. 2708, according to the map thereof recorded in Book 17 Page 66 of Parcel Maps, Fresno County Records. DB: dr