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Home My WebLink AboutT-3751 - Agreement/Covenant - 7/3/2006 (3) RECORDED AT REQUEST OF C,;y Crcrk,Fresno, �iall;Wall�J' C04TFAL ThTLE COMPANY- No Fee-Govt. Cede 6:03 Retwr. to City Clerk, Fresno ,)3 q IN PAST M %.o U L 2 6 ?966 FnESNO COUNTY CALIFCANIG GALEN LARSON.County Revorder __ FEE- BY DEPUTY RECORDER -------------------SPACE ABOVE FOR RECORDER ' S USE------------------- Tract No . 3751 Development Department UGM No . 224 City of Fresno P.W. 8281 STATEMENT OF COVENANTS FOR UGM PARK, FIRE STATION AND TRUNK SEWER FEES AND CREATION OF LIEN (Tract No. 3751) RECITALS WHEREAS, NEW DIMENSION HOMES, a Partnership, 6615 N. Blackstone, Fresno, CA 93704 , 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. 3751, consisting of eighty-five (85) 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 Thirty-One Thousand Seventy-four and 00/100 Dollars ($31,074 . 00) for the following: UGM Fire Station Fee Service Area No. 16 Zone District: R-1-UGM 12 .00 Gross Ac @ $1, 242 .00/Ac = $14 , 904 . 00 UGM Neighborhood Park Fee Service Area No. 4 Zone District : R-1-UGM 12 . 00 Gross Ac @ $980 . 00/Ac = $11,760. 00 UGM Trunk Sewer Fee Service Area No. Cornelia Zone District : R-1-UGM 63 lots @ $70. 00/Lot = $4 , 410.00 Total Estimated Amount $31, 074 . 00; 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, 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 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 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 NEW DIMENSION HOMES a Municipal Corporation A Partnership By - -a• BETTER HOMES, Inc. George A(/Kerber, Director A Calif is Corporation, Partner Development Department ATTEST: By Stanley no, resident JACQUELINE L. RYLE i City Clerk BARGAIN HOMES, INC. A California Corporation, Partner By Deputy B _ APPROVED AS TO FORM: Victor Roznvsky, President-" JAMES A. McKELVEY City Attorney By '4 Deputy (Attach Notary Acknowledgement ) MIW: ems STATE OF CALIFORNIA SS TITLE INSURANCE i d COUNTYOF___F� J r On this the- 9 th day of June 198 .,before me,the undersigned,a Notary Public in and for a N said State,personally appeared Stanley Spano _ 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 President,AWC — axx�(�ifibi�}cxr�ol�vls-tc�alas;ti�rnvgaoo�m�tsn.�tremsmas�mste�o®�eb�ac>$abo:b$1he�aa�tocaxtaecxt��l�4tla�tiff�lc�x��Q�Rt?��i�'Rxxx � �3etxat�;cof Cin _—_Be_t ter RQjn _ Ir C _ the corporation that FOR NOTARY SEAL OR STAMP U executed the within instrument on behalf of Q — _1eW dimensionhomes the part - -JI — that executed the within instrument,and acknowledged to me allo that such corporation executed the same as such partner and that W SfAI a0 such partnership executed the same. SEM S.NAKAYAMA NOTARY PUBLIC.CALIFORNIA d WITNESS my hand and official seal. NOTARY BORO FILED IN C a l /� FRESNO COUNTY ea °n' My COmmissiOn Expiree July 15.?EC' ;. Q Signature 3 — EXHIBIT A'' OUTLOTS G AND H OF TRACT NO. 3545 WESTWOOD PARK, IN THE CITY OF FRESNO , COUTNY OF FRESNO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 41 , PAGE 55 AND 56 AND 57 OF PLATS. FRESNO COUNTY RECORDS . (DSAMMY STATE OF CALIFORNIA SS. �� )rj'.: ()3 TITLE INSURANCE COUNTYOF PYesrio On this the 9th day of---.' ne 1935 ,before me,the undersigned,a Notary PubUc in and for a w said State,personally appeared Victor lCOznoykssy 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 Presidents a Of !? Ills fain 13n=�t o Tnc. the corporation that FOR NOTARY SEAL OR STAMP S executed the within instrument on behalf of iE'W UierisiOn ids the part- SIX 0 nership that executed the within instrument,and acknowledged to me BETTY S.NAKAYAMA that such corporation executed the same as such partner and that NOTARY PUBUQ CALIFORNIA 7D such partnership executed the same. , NOTARY BOND FILED IN _ .2 WITNESS my hand and official seal. FRESNO COUWIY CL i flly ��Y U.1+/8! y � J�� Signature 1