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Home My WebLink AboutT-3758 - Agreement/Covenant - 7/3/2006 (2) RECORDED AT REQUEST OF ST�VS/AR . . 1.71E Co, 87097980 - AT( MIN PAS N: AUG 1 11937 = g� =Ct�FFCRAA FRESNO COUNTY.CALIFORNIA .. GALEN LARSON,County Recorder ! FEE ., S e BY DEPUTY RECORDER -------------------SPACE ABOVE FOR RECORDER ' S ubt------------------- P.W. File No . 8345 Development Department STATEMENT OF COVENANTS FOR UGM PARK AND FIRE STATION FEES AND CREATION OF LIEN Tract No. 3758 RECITALS WHEREAS, Spruce-Adoline Joint Venture, 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. 3758 , consisting of twenty-five lots (25) 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 estimated amount of Twelve Thousand Six Hundred Ninety-Six and 58/100 Dollars ($12, 696 . 58 ) for the following: UGM Fire Station Fee Service Area No. 2 Zone District : R-1/UGM 6 . 11 Gross Ac @ $278 . 00/Ac = $1, 698 . 58 UGM Neighborhood Park Fee Service Area No. 6 Zone District : R-1/UGM 6 . 11 Gross Ac @ $1, 800. 00/Ac = $10, 998 .00 Total Estimated Amount $12, 696 . 58 ; 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 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. ''�11 r a it 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 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. 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 . -2l- � � � � 1 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: (/ Lflz!, to Accepted by : COVENANTOR CITY OF FRESNO Spruce-Adoline Joint Venture a Municipal Corporation Invest West Financial Corporation By cif. A California Corporation, GeorgeC/A. Kerber . Director n t. Development Department I ' ATTEST: By Dale J . M rquis President - JACQUELINE L. RYLE Cit�'C�-erk C. ) GBy By � ��%(_T(. .%�;�1 l�( Thomas J . Ga le , Secretary Deputy Carole Wagner , A Single Woman APPROVED AS TO FORM: A Joj nt Venturer Aeting City Att ney By ��(� Carole Wagner By k � ! Deputy Anthony E. Whitehouse and „ Margaret Whitehouse, Husband and Wife as community Property r Joint Venturers By Anthony E. (JWhitehouse By Margaret,)Whitehouse (Attach Notary Acknowledgement) MIW:mv 9986g/256 STATE OF CALIFORNIA ) ) ss. COU"'IM TY OF FRESNO On this 3rd day of August i in the year 1987 before me • Elvia Sommerville personally appeared George A. Kerber + ?ersonally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as Development Director of the City of Fresno - and acknowledged to me that the City of Fresno _executed it. JACQUELINE L. RYLE, CMC City Clerk gy L, C1�ZL Deputy STATE OF CALIFORNIA ) � 88• � ' COUNTY OF LOS ANGELES) On before a me, the undersigned, a Notary Public -� in and for said State, personally appeared C rkLV Lc l.1/?-c-ftje -- - persona y known to mek or proved to Me on the basis of satisfactory evidence to be- the person whose name_ Irk subscribed to the within instrument and,,scTcnowledged t3—= that S executed the same. WITNESS my hand and offici44 •se4le da,,-z- L - •� STATE OF CALIFORNIA COUNTY OF i;Od 4H. 4jej SS J ON ...................... ... ............. .......::.................................., 18• •7bvfore nev,then OFFICIAL SEAL y personal y ppe s REG F DUPUY undersigned,a Nu y Public inmpnd for said County euui StuW, 1 u (VOTARY PUBLIC-CALIFORNIA •y _�`•!. ... • -\' LOS ANGELES Co!►NTY ..................... r.:+ i. rrr Ci. ............................ 4.DivMy comm. expires JUL 4, I^f3 ....:................. .. r.......................................... proved to rnew on the basis of.satisfuctory evidence to be the person.l..whose nmw ..........,art....... subscribed to 41ins, ent, and owledged to me thee, .e xacuted it. Not+uy'a Signawn+......... ..... ... ...................... WHIR"ACKNOWIIOCAWNT Fa„M.. at kov.7.08 S STATE OF CALIFORNIA Iss. -