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Home My WebLink AboutT-3772 - Agreement/Covenant - 7/3/2006 (2) z T�+ ' ' " • 8SO85238 RECORDED AT REQUEST Of CENTRAL ItItE COMPANY- IN. OMPANY- r-M IN. PAST.- -- �PY AUG 08 1988 Y.CAUFORNIA PLEASE C0NWJWA0RcS00uNNT County Recorder W$FEE BY DEPUTY RECORDER -------------------SPACE ABOVE FOR RECORDER ' S USE------------------- P.W. File No. 8457 Development Department UGM No. 263 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK AND FIRE STATION FEES AND CREATION OF LIEN Tract No. 3772 RECITALS WHEREAS, Ziyab I . Sha ' ar, as Trustee under that certain Trust Agreement for the benefit of Abrahim Fouad Sha ' ar dated August 2 , 1976 , 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. 3772 , consisting of Twenty (20) lots and one outlot ; 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 Eight Thousand Four Hundred Forty Two and 00/100 Dollars ($8 , 442 . 00) for the following : UGM Fire Station Fee Service Area No. 2 Zone District : R-1-A/UGM 13 . 40 Gross Ac @ $74 .00/Ac = $991 . 60 s ' UGM Neighborhood Park Fee Service Area No. 6 Zone District : R-1-A/UGM 13 . 40 Gross Ac @ $556 . 00/Ac = $7, 450 . 40 Total Estimated Amount $8 , 442 . 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 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 . -2- 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 ob".gations 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 . -3- / w 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: 7 I/or Accepted by: COVENANTOR CITY OF FRESNO a Municipal Corporation By ad I . Sha - ar as Trustee By under that certain Trust George A. PgZirber, Director Agreement for the benefit of Development Department Abrahim Fouad Shalar dated �L, August 2 , 1976 ATTEST: JACQUELINE L. RYLE , City- Clerk Y v / Deputy APPROVED ,AS TO FORM: HARVEY WALLACE City Attorney Sy- eputy (Attach Notary Acknowledgement ) LR:mv 5100d/374 -4- I . EXHIBIT "A" The land referred to in these Covenants are situated in the State of California , County of Fresno, and is described as follows : PARCEL 1 • Lot 218 of Bullard Lands Irrigated Subdivision No . 3 , in Section 6 , Township 13 South, Range 20 East , Mount Diablo Base and Meridian, in the City of Fresno, County of Fresno, State of California , according to the map thereof recorded in Book 7, Page 20 of Plats , Fresno County Records . Excepting therefrom that portion described as follows : Commencing at the Southeast corner of Lot 218 ; thence Northerly along ,the Easterly line of said lot , a distance of 200 feet ; thence westerly and parallel with the South line of said lot , a distance of 250 feet; thence Southerly on a line parallel with the Easterly boundary of said lot to the South line thereof , a distance of 200 feet; thence Easterly along the South line of said lot, a distance of 250 feet to the point of beginning . Also excepting one-half of all minerals , oil , gas and hydrocarbon rights without right of surface entry, as reserved by Gateways Mental Health Center Endowment Fund by instrument recorded August 28 , 1968 in Book 5608 Page 1 of Official Records , Document No . 60629 . PARCEL 2 : Lot 219 of Bullard Lands Irrigated Subdivision No . 3 , in Section 6 , Township 13 South, Range 20 East , Mount Diablo Base and Meridian, in the City of Fresno, County of Fresno. State of California , according to the map thereof recorded in Book 7 , Page 20 of Plats•, Fresno County Records . Excepting therefrom one-half of all oil , gas , mineral and hydrocarbon rights without the right of surface entry as reserved in deed recorded November 15 , 1968 in Book 5635 Page 256 of Official Records . By quitclaim deed recorded August 11 , 1975 in Book 6467 Page 263 of Official Records , Document No. 58325 , American Physical fitness research instituce, Inc . , remised , released and forever quitclaimed to Rancho Rivington. a Limited Partnership. all of its oil. gas. mineral and hydrocarbon rights . S PARCEL 3 : Lot 220 of Bullard Lands Irrigated Subdivision No. 3 , in Section 6 , Township 13 South, Range 20 East , Mount Diablo Base and Meridian, in the City of Fresno, County of Fresno, State of California , according to the map thereof recorded in Book 7 Page 20 of Plats, Fresno County Records . Excepting therefrom the North 46 feet thereof as conveyed to the County of Fresno by deed dated April 22, 1975, recorded July 9, 1975 , in Book 6453 , Page 419 of Official Records as Document No . 48915 . LR:mv 5100d/374 -2-