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Home My WebLink AboutT-3762 - Agreement/Covenant - 7/3/2006 (2) Ppy . RECORDED IN OFFICIAL RECORDS Or FRESNO, COUNTY, OALIFO 86144923 AT._.r.......MIN. PAST._ ...N% DEC 16 1986 PLEASE C%'DNF-CF3M- FRESNO COUNTY,CAL!fORN1A GALEN LARSON,County Recordor BY DEPUTY RECORDER -------------------SPACE ABOVE FOR RECORDER ' S USE------------------- Tract No. 3762 Development Department UGM No . 231 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK, FIRE STATION AND TRUNK SEWER FEES AND CREATION OF LIEN (Tract No . 3762) RECITALS WHEREAS, B.V.D. DEVELOPMENT, INC. , A California Corporation and HUNTLEY AND MOORE, A General Partnership, 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. 3762, consisting of Forty-Four (44) 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 Fourteen Thousand Eight Hundred One and 85/100 $14, 801. 85 for the following: UGM Fire Station Fee Service Area No. 16 Zone District : R-1/UGM 5 . 55 Gross Ac @ $1, 242 .00/Ac = $ 6, 893 . 10 UGM Neighborhood Park Fee Service Area No . 4 Zone District : R-1/UGM 5 . 55 Gross Ac @ $980.00/Ac = $ 5, 439 .00 UGM Trunk Sewer Fee Service Area : Cornelia Zone District : R-1/UGM 5 . 55 Gross Ac @ $445 . 00/Ac = $ 2, 469 .75 Total Estimated Amount $14 , 801 . 85; 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. 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 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. -2- 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: 011T Accepted by: COVENANTOR CITY OF FRESNO a Municipa or ation B.V.D. DEVELOPMEN , INC. , A Cal ' o ration By George a. Kerber, Director By Development Department By/-A-/te 0 L GLk fl-'�- k LI 'FCAc4fw-( ATTEST: JACQUELINE L. RYLE HUNTLEY AND MOORE i City Clerk A al Par ner ip &By � &' y .l�li1 Deputy _ APPROVED AS TO FORM: JAMES A. McKELVEY City Attorney By 0• '" Deputy (Attach Notary Acknowledgement ) GSA:dr 6869g/152 SA. NSTATE OF CALIFORNIA TITLE INSURANCE COUNTY OF FRESNO SS. On this the 3rd Td _S.E7E19 86a said State,personal) appeaed SE MOORE and DON before HN fmU 'I' Lundersigned,a Notary Public in and for m me on the basis of satisfacto personally known to me or proved to CL ry evidence to be the person S executed the within instrument as who of partners of the partnership that executed the within instrument FOR NOTARY SEAL OR STAMP acknowledged to me that such partnershi 'and Ob WITNESS my hand and official seal. p executed the same. i '• OFFICIAL SEAL Signature // DONNA L. CODDINGTON �`�» NOTARY PUBLIC-CALIFORNIA —o PRINCIPAL OFFICE IN Q ' FRESNO COUNTY fig a.� MY Commission Exp. Mar. 2, 1990 "EXHIBIT A" LEGAL DESCRIPTION Parcel 1• The East Half of the West Half of the South Half of Lot 33 of Winterton Tract, according to the map thereof recorded in Book 3 Page 21 of Record of Surveys, Fresno County Records , Parcel 2: The East Half of the South Half of Lot 33 of Winterton Tract, according :to the map thereof recorded May 10 , 1905 in Book 3, Page 21 of Record of Surveys, Fresno County Records . %arlm ITLE INSURANCE STATE OF CALIFORNIA l COUNTY OPRESNO j S.S. On this the 3rd _day of September 19 86 before me, the undersigned, a Notary Public in and for said County and State, FOR NOTARY SEAL OR STAMP c^v personally appeared _ DELBERT E. _SANDLIN o ,personally m known to me or proved to me on the basis of satisfactory evidence to be the President,and ................�. JACQUELINE VERTZ personally •�'; '� OFFICIAL SEAL known to me or proved to me on the basis of satisfactory evidence to be V•,.�,; DONNA L. CODDINGTON U of CO NOTARY PUBLIC-CALIFORNIA Secretary the corporation that executed the within _ ":b a PRINCIPAL OFFICE IN o instrument on behalf of the corporation therein named, and acknow- :- FRESNO COUNTY Y ledged to me that such corporation executed the within instrument ' ; My Commission Exp. rdar. 2, 1990 pursuant to its by-laws or a resolution of it's board of directors. 0 �� 1 O r1r". U , Signature_ LL Q rn GSA:I_lc