HomeMy WebLinkAboutT-3777 - Agreement/Covenant - 7/5/2006 (2) c
861448F2 RECORDED AT REQUEST OF
gFWART TITa QOXMI AT M I ST
DEC3 61986
FRESNO COUNTY.CALIFORNIA
GALEN LARSON,County Recorder
FEE
S
BY DEPUTY RECORDER
-------------------SPACE ABOVE FOR RECORDER ' S USE-------------------
Public Works File No. 8380 Development Department
UGM No. 242 City of Fresno
STATEMENT OF COVENANTS
FOR UGM PARK AND FIRE STATION FEES
AND CREATION OF LIEN
(Tract No. 3777)
RECITALS
WHEREAS, WESTCAL, INC. , A CALIFORNIA CORPORATION, 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. 3777,
consisting of One Hundred Four (104) lots; and
WHEREAS, the Subject Property is subject to UGM Park and Fire
fees pursuant to Sections 12-4 . 508 and 12-4 . 509 of the Fresno
Municipal Code in the estimated amount of Twenty Three Thousand One
Hundred Five and 91/100 Dollars ($23 , 105 . 91) for the following:
UGM Fire Station Fee
Service Area No. 15
Zone District : R-1-UGM
17.87 Gross Ac @ $605 .00/Ac = $10, 811. 35
UGM Neighborhood Park Fee
Service Area No. 2
Zone District : R-1-UGM
17 . 87 Gross Ac @ $688 .00/Ac = $12 , 294 . 56
Total Estimated Amount $23 , 105 . 91; 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, or until all or part of the Subject Property
is sold, whichever occurs first.
M
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 .
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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:
Accepted by: COVENANTOR
CITY OF FRESNO WESTCAL INC.
a Municipal Corporation A California Corporation
By �.
George A. Kerber, Director By 1
Development Department U
D
ATTEST: By
JACQUELINE L. RYLE 1
Cit Clerk
v
By 'Edyvu-'1,1.e.Ac..Ti
Deputy
APPROVED AS TO FORM:
C. WILLIAM BREWER
Actiq Cityfor
BY (f, ",-1
eputy (Attach Notary Acknowledgement)
MIW: sn
7647g/170
CORPORATE ACKNOWLEDGMENT NO.202
State of California On this the 17th day of November 19 86,before me,
SS.
County of Fresno WENDY KAY CHIODINI
c the undersigned Notary Public,personally appeared
John A. Bonadelle and
J. DeYoung
® personally known to me
OFFICIAL SEAL 0 proved to me on the basis of satisfactory evidence
"J` to be the person
(s)KAY CHIODINf p (s)who executed the within instrument as
a NOTARY PUBLIC-CALIFORNIA President/CEO or on behalf of the corporation therein
' FRvO named,and acknowledged to me that t?heorpo ation executed it.
My comm. expires OCT 5, 1990 WIT SS my hand and official seal. / 1
a
Notary's Sign e
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7120 122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O.Box 4625 • Woodland Hills,CA 91365-4625
-3-
Order No. 0663822
.6 „A
The land referred to in this Report is situated in the State of California, County of
Fresno, City of Fresno and is described as follows:
Fresno Irrigation District
Lots 121 thru 125 inclusive and 149 thru 160 inclusive and Outlot
"A" of Tract No. 2840 , Brentwood Estates, according to the map
thereof recorded in Volume 37 Pages 59, 60 and 61 of Plats, in
the office of the County Recorder of said County.
SCHEDULE A STENVART TITLE
CLTA Preliminary Report
1-1_84 GUARANTY COMPANY