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Home My WebLink AboutT-3770 - Agreement/Covenant - 7/3/2006 (2) kttCORDED AT REQUEST OF 8oG5G��5 ......:RAEF.CQ.Tit1c.In$..M-? ..... Recording re,qus,ieo ry AT--- MIN. PAST.. . . ... .M City Clerk,Fresno, California MAY 231986 No Fee-Govt. Code 61o3 Return to City Clerk,Fresno FRESNO CuuNTY, CALIFORNIA GALEN LARSON, County Recorder FEE $ RY DFpUTY RECORDER -------------------£PACE ABOVE FOR RECORDER ' S USE------------------- Tract No . 3770 Development Department UGM No . 167 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK FEES AND CREATION OF LIEN (Tract No. 3770) RECITALS WHEREAS, GRAPE I . LTD Partnership, hereinafter referred to as "the Covenantor, " without regard for number or gender , is the owner at 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. 3770, consisting of Lots 1 through 77 (77) lots ; and WHEREAS, the Subject Property is subject to UGM Park 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 Eleven Thousand Nine Hundred Fifty and 94/100 ($11, 950 . 94 ) for the following: UGM Neighborhood Park Fee Service Area No . 1 Zone District: R-1/UGM 12 . 17 Gross Ac @ $982 .00/Ac = $11, 950 . 94 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 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 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, or upon the close of escrow for the sale, lease, or transfer of any of the Subject Property, whichever occurs first . 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 . -2- 1✓ Thq Vtttviuianu Uf this Statement shall be deemed independent and dgverable 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 . STATE OF CALIFORNIA ) ) ss. COUNTY OF FRESNO ) On this 16th day of May in the year 1986 , before me Elvia Sommerville, Deputy City Clerk , personally appeared George A. Kerber ; personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as Director Development Department , of City of Fresno and acknowledged to rte that the City of Fresno executed if. JACQUELINE L . RYLE, CMC City Clerk BY i Deputy / By C�✓Lt/ / Deputy (Attach Notary Acknowledgement ) MIW:`ddrr 4393g/114 STATE OF CALIFORNIA O) SAFECD SS. TITLE INSURANCE COUNTY OF_ P esnn On this the 7 th day of-Apra 1 19j66—,before me,the undersigned,a Notary Public in and for said State,personally appeared __TH0MA_'Z (z R=CHARD S 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,aad -.Persopzlty kaowci-tomo or-pceual icyrae-on-ifae-ba6is et-sat+siastoq�evi�enee�o-bea#+e�eFser+wl�crexeee�Fe9�1�ewvithiR frrstxxrtent-este SxcW211*of PDAI,STAR a California Corporation the corporation that FOR NOTARY SEAL OR STAMP executed the within instrument on behalf of GRAPE I, a California limited partnership the part- nership that executed the within instrument,and acknowledged to me that such corporation executed the same as such partner and that LETA M. eiAvaeua such partnership executed the same. a WITNESS my hand and official seal. j e NOTARY PUBLIC - FRESNO COUNTY. CALIFORNIA in rF.TA-_1._CIAVAGLIA_ '+fv Commission Expires Jun.20. !9891 CSignature Th@ yrttvieiuns of this Statement shall be deemed independent and Yseverable 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: ' '`�"� �3 N�Flo Accepted by: COVENANTOR CITY OF FRESNO GRAPE I , LT rtnership a Municipal Corporation by: PENSTAR, �ii corporation it eneral By �. By u George A. Kerber, Director Development Department Title yCA-4 ATTEST: By JACQUELINE L•. RYLE Title Cit C]-erk v By Deputy APPROVED AS TO FORM: JAMES A. McKELVEY City Attorney C By (Lf�f, Deputy (Attach Notary Acknowledgement) MIW:ddr 4393g/114 STATE OF CALIFORNIA ® 5��.r'� — SS. TITLE INSURANCE COUNTY OF _ Fresno _ m On this the______15 th ______ _— day of-April. —1986__,before me,the undersigned,a Notary Public in and for in said State,personally appeared ____TH0MAS_6,__RICHARDS personalty 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,-aad .�ecsoc�ll,�kaowc�.tamo cr_pccuQ�sorae-oc}st�aba6is ef�at+s(asiory�evi�eraes�o•be�t+e•pefser+•w#+o-execeitc��hewv+th�;R instxx++entasthe SaccWar�L of-P£MSTAR a California Corporation the corporation that FOR NOTARY SEAL OR STAMP executed the within instrument on behalf of GRAPE I, a California limited partnership the part- nership that executed the within instrument,and acknowledged to me that such corporation executed the same as such partner and that ' °' £ LETA M. CIAVAZ'aLIA such partnership executed the same. m WITNESS my hand and official seal. .,e NOTARY PUBLIC m FRESNO COUNTY, CALIFORNIA to _.LETA_M.—CIAVAGLIA (� My Commission Expires Jun.20. 1989 �� Signature -3- • ,, 8GG5G€�:i5 That portion of Lot 66 of Perrin Colony No. 2, according to the map thereof recorded in Book 4, Page 68 of Plats, Fresno County Records, described as follows: Beginning at the Southeast corner of said Lot 66; thence South 89° 17' 47" West, along the South line of said Lot 66, a distance of 799.39 feet; thence North 00 42' 13" West, a distance of 142.00 feet; thence South 89° 17' 47" West, a distance of 3.08 feet; thence North 00 19' 55" West, a distance of 270.00 feet; thence North 890 17' 47" East, a distance of 4.00 feet; thence North 0° 42' 13" West, a distance of 142.00 feet; thence South 890 17' 47" West , a distance of 13.39 feet; thence Nroth 00 42' 13" West, a distance of 105.56 feet to the North line of said Lot 66; thence North 890 15 ' 57" East, along the North line of said Lot 66, a distance of 814.05 feet to the Northeast corner of said Lot 66; thence South 0° 21 ' 44" East, along the East line of said Lot 66, a distance of 660.00 feet to the point of beginning.