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Home My WebLink AboutT-3796 - Agreement/Covenant - 6/30/2006 (2) f RECORDED AT REQUEST OF ----------STEWriRT i i_E GUt ... AT--- ---- MIN. PAST - M PLEASE CONFORM FEB 26 1987 87023719 FRESNO ��.1; CALIF".. m1A GALE# LARSON, ro,,pty a?aro,d.2, 17 a 11116U 2(/1�� m( ��E @Y DEPUTY RECORDER ----�.�..�� -------------------SPACE ABOVE FOR RECORDER' S USE------------------- P.W. File No. 8381 Development Department UGM No. 243 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK, FIRE STATION AND TRUNK SEWER FEES AND CREATION OF LIEN Tract No . 3796 RECITALS WHEREAS, Robert A. McCaffrey and Karen McCaffrey, husband and wife; John A. Bonadelle, a single man; Mauro Anthony Simone and Dianne Marie Simone, husband and wife, as joint tenants; Tony Simone and Margaret M. Simone, his wife, 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. 3796 , consisting of One Hundred Sixty Nine (169) lots; and WHEREAS, the Subject Property is subject to UGM Park, Fire Station and Trunk Sewer 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 Ninety Seven Thousand Nine Hundred Thirty Six and 93/100 ($97, 936. 93) for the following: UGM Fire Station Fee Service Area No . 14 Zone District : R-1-UGM 34 . 5705 Gross Ac @ $547 .00/Ac = $18, 910 . 07 UGM Neighborhood Park Fee Service Area No. 5 Zone District : R-1-UGM 20 . 39 Gross Ac @ $1,942 .00/Ac = $39, 597 . 38 Service Area No . 6 Zone District: R-1-UGM 14 . 1805 Gross Ac @ $1, 800.00/Ac = $25, 524 . 91 UGM Trunk Sewer Fee Service Area: Cornelia Zone District : R-1-UGM 31 . 2462 Gross Ac @ $445 .00/Ac = $13 , 904 . 57 Total Estimated Amount $97, 936 . 93 ; and t 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, Fire Station and Trunk Sewer 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 Covenantors Final Tract Map upon the Subject Property, as referred to hereinabove, Covenantor hereby covenants as follows: 1. All UGM Park, Fire Station and Trunk Sewer 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. -2- Y 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 . 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: ��%� ,8' Accepted By: COVENANTOR CITY OF FRESNO Robert A. McCaffrey & Karen McCaffrey a Municipal Corporation Husband and Wife By a,. Geor a A. Kerber, Director By � Development Department ATTEST: By JACQUELINE L. RYLE John A. onadelle, a single man City Clerk By BY Deputy► Mauro nthony Simone and APPROVED AS TO FORM: pianne Marie Simone, Husband and Wife C. WILLIAM BREWER Acti City orn By, By De ut By - ,Tony, Simone and Margaret M. Simone ✓Z%may � _ �-.-c� , � • By� �� ` (Attach Notary Acknowledgment) MIW: sn 8436g/216 -3- 1 2 A R C E L l LOTS 613 , 614, 625 AND 626 OF BULLAr,D LANDS IRRIGATED SUBDIVISIOW01 , N0. 6 , RECORDED .N VOLUME 3 , PAGE 25 OF PLATS, FRESNO COUNT RECORDS. EXCEPTING Ti1Ec^%rEL ROM AIV UNDIVIDED ONE—HALF INTEREST IN ALL OIL„ GAS AND OTHER 11iYDROCARMONS AND MINERALS NOW OR AT ANY TIME SITUATED IN, ON OR ULIL.,L.P LAID LAND AS RESERVED BY NORMAN LIDDELL , ET AL , IN DEED RECORDED MAY 19, 1969, IN BOOK 5686, PAGE 64 OF OFFICIAL RECORDS, DOCUMENT 110. 34451 . PARCEL 2 : LOT 62' OF BULLAC'�D LANDS IRRIGATED SUBDIVISION NO. 6 , RECORDED IN VOLUME 8 , PALS 25 AND 26 OF PLATS, FRESNO COUNTY RECORDS. EXCEPTING THERE ROM THE SOUTH 339 .00 FEET THEREOF. PARCEL 3 : THE EAST 165 . 00 �'LlET OF LOT 628 OF BULLARD LANDS IRRIGATED SUBDIVISION NO. 6 RECORDED IN VOLUME 8 , PAGES 25 AND 26 OF PLATS, FRESNO COUNTY RECORDS. EXCEPTING TE;EREFROM THE SOUTH 339.00 FEET THEREOF. PARCEL 4 : LOTS 611 , 612 AND 628 OF BULLARD LANDS IRRIGATED SUBDIVISION NO. 6 RECORDED IN VOLUME 8 , PAGES 25 AND 26 OF PLATS, FRESNO Cor RECORDS. EXCEPTING THEREFROM THE EAST 165.00 FEET OF SAID LOT 628 . ALSO EXCEPTING THEREFROM THAT PORTION WITHIN THE SOUTH 339 .00 FEET OF SAID LOT 628 . STATE OF CALIFORNIA) COUNTY OF FRESNO ) ss On this 21st of January 1987, before me, the undersigned, a Notary Public in and for said County and State, personally appeared ARTHUR J. FINI , Vice President and REBA LANIER, Assistant Secretary, personally known to me to be the persons who executed the within instrument on behalf of said STEWART TITLE OF FRESNO COUNTY, the corporation that executed and whose name is subscribed to the within instrument as the attorney-in-fact of TONY SIMONE and MARGARET M. SIMONE, and acknowledged to me that they subscribed the names of TONY SIMONE and MARGARET M. SIMONE thereto as principals and the name of STEWART TITLE OF FRESNO COUNTY, A CORPORATION as attorney in fact for said TONY SIMONE & MARGARET M. SIMONE, and that said STEWART TITLE OF FRESNO COUNTY, A CORPORATION, executed the same as such attorney-in-fact. OFFICIAL L WITNESS MY HAND AND OFFICIAL SEAL " - WENDY KAY CHICDINI Y m NOTARY PUBLIC - CALIFORNIA d FRESNO COUNTY My comm. expires OCT 5, 1990 NOTARY P IC STATE OF CALIFORNIA) ss COUNTY OF FRESNO ) On this 21st day of January 1987, before me, the undersigned , a Notary Public in and for said County and State, personally appeared ARTHUR J . FINI , Vice President and REBA LANIER, Assistant Secretary, personally known to me to be the persons who executed the within instrument on behalf of said STEWART TITLE OF FRESNO COUNTY, the corporation that executed and whose name is subscribed to the within instrument as the attorney-in-fact of MAURO ANTHONY SIMONE and DIANNE MARIE SIMONE , and acknowledged to me that they subscribed the names of MAURO ANTHONY SIMONE and DIANNE MARIE SIMONE thereto as principals and the name of STEWART TITLE OF FRESNO COUNTY, A CORPORATION as attorney in fact for said MAURO ANTHONY SIMONE & DIANNE MARIE SIMONE, and that said STEWART TITLE OF FRESNO COUNTY, A CORPORATION, executed the same as such attorney-in-fact . WITpNNESS MY HAND AND OFFICIAL SEAL OFFICIAL SEAL v WENDY KAY CHIGDINI ' r��{' .• PJOTARY PUBLIC - CALIFORNIA FRESNO COUNTY m r,. My comm. expires OCT 5. 1990 NOTARY 7LrC GENERAL ACKNOWLEDGMENT NO.2 State of California On this the 21sday of January 19 87 ,before me, County of Fresno SS. WENDY KAY CHIODINI the undersigned Notary Public,personally appeared Robert A. McCaffrey and Karen McCaffrey, Husband and Wife, and John A. Bonadelle, a Single Man ® personally known to me ❑ proved to me on the basis of satisfactory evidence I OFFICIAL SEAL WENDY KAY CHIODINII to be the person(s)whose name(s) are subscribed to the m NOTARY PUBLIC -CALIFORNIA within instrument,and acknowledged that they executed it. FRESNO coutm WITN My comm. expires OCT 5, 1990 S my hand and official seal. / . Notary's Signat rno tzz NATIONAL NOTARY ASSOCIATION 0 23012 Ventura Blvd. • P.O.Box 4625 0 Woodland Hills GA 913x5-da2