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Home My WebLink AboutT-3778 - Agreement/Covenant - 7/5/2006 (2) the N sip 2 1998 rusHo &u",& FORM IEN LARSON,County Recorder ,yoo,tL eeG & o 815997412 DEPUTY RECORDER $ -------------------SPACE ABOVE FOR RECORDER ' S USE------------------- P.W. File No. 8322 Development Department UGM No. 196 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK FEES AND CREATION OF LIEN Tract No. 3778 Phase II of Tentative Tract No. 3671 RECITALS WHEREAS, Riverview Estates , a 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 as Parcel ISD" of Parcel Map No. 83-20, according to the map thereof , recorded in Book 42 , Page 85 of Parcel Maps, Fresno County Records, said property being further subdivided by the final map of Tract No. 3778 . consisting of twelve (12) lots ; and WHEREAS, the Subject Property is subject to UGM Park fees pursuant to Section 12-4 . 509 of the Fresno Municipal Code in the estimated amount of Nine Thousand Two Hundred Fifty and 10/100 Dollars ($9 , 250. 10) for the following: UGM Neighborhood Park Fee Service Area No. 6 Zone District: M-1/UGM 11 . 65 Gross Ac @ $794 . 00/Ac = $9 , 250. 10; 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 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 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 -2- ,77 { O '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 . -3- 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 9OJg- Accepted by: COVENANTOR CITY OF FRESNO RIVERVIEW ESTATES, a Municipal Corpo ion a Partnership By BARGAIN HOMES INC. , a George . Kerber, Director California Corporati0 Partner Development Department By� actor R zn sky, Pres ' APPROVED AS TO FORM: BETTER HOMES INC. . a HARVEY WALLACE California Corporation, Partner , City A or ey B By Deputy tanley p�o resident (Attach Notary Acknowledgement) STATE OF CALIFORNIA ) ss. COUNTY OF FRESNO ) On this 18th day of August in the year 1988 before me ROBIN G. ALCALA Fersonnally appeared AL SOLIS. JR personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as ASSTSTANT Director of the Development Department and acknowledged to me that the City of Fresno executed it. JACQUELINE L. KYLE, CMC City Clerk By :&&�j d Deputy Dated: 19 GSA:mv 6579d/404 -4- ,� r I STATE OF CALIFORNIA O) SMECO c COUNTY OF FRESNO SS. TITLE INSURANCE 111 a On this the 2nd day of AUgUS t 19-q-8--.before me,the undersigned,a Notary Public in and for CL y said State,personally appeared Stan l e y Span o o 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," ia p91�1lO JXct 9irxf�M�lUr*NOWD63f>xlfrit#f5r 63fs}t]3f 7d�f3k�[itfj]4 dFXRi2 Ele pkit'd{3�i3b�>Kt> e2i1143 &t?GK c�c eKi�6sKt�SeK SACfl4ffif7f of e RP t t e r Homes ., Inc- , the corporation that FOR NOTARY SEAL OR STAMP S executed the within instrument on behalf of Riverview Estates the part- nership that executed the within instrument,and acknowledged to me OFFPCUL SEAL -` MC that such corporation executed the same as such partner and that BONNIE 1. CURRY NOTARY PUBLIGCALIFORNIA such partnership executed the same. } f,+. NOTARY BONG FILED IN � Lm WITNESS my hand and official seal. a FRESNO COUNTY !! My Commission Expires Oct.21.1988 1 Ir Ir - _ STATE OF CALIFORNIA 1 O)SAFECO CL TITLE INSURANCE COUNTYOF FRESNO 1 SS. CL. On this the 2nd day of August 19-9-8-,before me,the undersigned,a Notary Public in and for JAI a said State,personally appeared Victor Ro z n o v s k y e `o 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,AtX - atsr�sacaagcrs,�s�oraarxacprovrraaocnsexica�s�otr�ceyldec> tocxuip�sm�acoceltetarueaablrxatt�aactftas�he 2 s� atf E Bargain Homes, Inc- , the corporation that FOR NOTARY SEAL OR STAMP Cg executed the within instrument on behalf of Riyeryi -w Estates __ the part- nership that executed the within instrument,and acknowledged to me that such corporation executed the same as such partner and that MICtALtI;K such partnership executed the same. ae BONNIE 1.MC CURRY > NOTARY PUBLIC-CALIFORNIA d WITNESS my hand and official seal. NOTARY BOND FILED INFRESNO COUNTY , a N Cornmisslon Expires Oct. ,2 .198A I> J � ' Q U Signature