Loading...
HomeMy WebLinkAboutT-3769 - Agreement/Covenant - 7/3/2006 (2) I . 1tVA050 AT REQUUT 04 88009105 NORTH AMERIC TITLE KEAsE CONFORM - At=, 1N. PAST.aM JAN 27 '988 FRESNO COUNTY.CALIFUINIA _ GALEN LARSON,County Recorder . FEE S SPACE ABOVE FOPROP RDEFTEUSE--- P.W. File No. 8365 Development Department UGM No. 239 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK, AND FIRE STATION FEES AND CREATION OF LIEN Tract No . 3769 RECITALS WHEREAS, ,JED Development, a California Partnership, hereinafter refeired- to as "Ithe 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. 3769, consisting of 80 condominium units on one (1) lot, and WHEREAS, the Subject Property is subject to UGM Park and Fire Station fees' puisuant to Sections 12-4 . 508 and 12-4 . 509 of the Fresno Municipal Code in the estimated amount of Thirty One Thousand Nine Hundred. Seventy Four and 80/100 Dollars ($31, 974 . 80) for the following.: _ UGM Fire Station Fee Service Area No_ ND Zone District : R-3-UGM 4 . 73 Gross Ac @ $3 ,700. 00/Ac = $17, 501 . 00 f , J UGM Neighborhood Park Fee Service Area No . 4 Zone District : R-3-UGM 4 .73 Gross Ac @ $3 , 060. 00/Ac = $14 , 473 . 80 Total Estimated Amount $31, 974 . 80; 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. 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 . .Of 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 . 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 . r 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: 2!L4u.�• Accepted by: COVENANTOR CITY OF FRESNO JED DEVELOPMENT, a Municipal Corporation a California Partnership By Q. GeorgW A. Kerber , Director By: Development Department j Ames A. Bratton, Partner ATTEST: JACQUELINE L. RYLE _ By: HENLEY AND KRAMER, INC, Cita` Jerk ' a California Corporation EcBy �t.(`L �O�t�{_���L� (JZSdG�ZJ �• Deputy By: Elwood L. Kramer, President APPROVED AS TO FORM: HARVEY WALLACE By: City A rney Don E. Henley, Secr Ary By Deputy (Attach Notary Acknowledgement) LR: s 2325/310 I P 4 f` STATE OF CALIFORNIA ) ss COUNTY OF FRESNO ) On This 22 Day of December 1987before me, the. undersigned, a Notary Public in and A/ptVs8�iA founty and State, personally appeared Elwood L. Kramer and Don E. Henley, known to U to be the President and Secretary-Treasurer, respectively, of HENLEY & KRAMER, INC. ,. the Porparation that executed the within instrument on behalf of said Corporation, said corporation being known to me to be one of the Partners of JED DEVELOPMENT, A California Partnership, the partnership that executed the within instruTet and acknowledged tome that such Corporation executed the same as such artner PInd that such Partnership executed the same. OTARY_ PUBLIC SIGNATURE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss On December 22,• 1987before me, the undersigned, a Notary Public in and for said County and State,. personally appeared JAMES A. BRATTON, proved to me on the basis of satisfactory evidence to be the person that executed this instrument, on •behalf .of the Partnership and acknowledge to me that partnership executed it. NOTARY PUBLIC GNATURE ,�� EXHIBIT 'A' The subject property referred to in this covenant is situated in the State of California , County of Fresno, and is described as follows : The west one half of Lot 114 of Roeding ' s Villa Colony, as per map recorded in Book 2 , Page 43 of Record of Surveys, Fresno County Records, Excepting therefrom the South 300 feet thereof .