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HomeMy WebLinkAboutT-3797 - Agreement/Covenant - 7/3/2006 (2) KlCo"&D AT ktquUf uF " 90056709 ......»»»........� --y::................ MAY 161990 fF1ESlK)WU%... n..rUNN1A GALEN LARSON.County Recorder Pt,.E(�SE CONFORM F -------------------SPACE ABOVE FO ,W&WW -- ------------ P.W. File No. 8455 Development Department UGM No. 260 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK, FIRE STATION AND TRUNK SEWER FEES AND CREATION OF LIEN Tract No. 3797 'Remington Estates ' RECITALS WHEREAS, REMINGTON ESTATES. , a Joint Venture, and HERBERT ISHEIM AND CHRISTINE ISHEIM, husband and wife, hereinafter referred to as "the Covenantor, " are the owners 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. 3797, consisting of Eighty-Nine (89) lots; and WHEREAS, the Covenantor hereby warrants that any and all parties having record title interest in the Subject Property which may ripen into a fee have subordinated to this instrument; and WHEREAS, all such instruments of Subordination, if any, are attached hereto and made a part of this instrument; 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 • • M Covenant/Tract No . 3797 UGM Park, Fire Station & Trunk Sewer Fees Page 2 the estimated amount of Fifty-Sig Thousand Seven Hundred Forty-Two and 55/100 , Dollars ($56, 742 . 55) for the following: UGM Fire Station Fee Service Area No. 16 Zone District : R-1/UGM 19 . 55 Gross Ac @ $1,242 . 00/Ac - $24,281. 10 UGM Neighborhood Park Fee Service Area No. 4 Zone District : R-1/UGM 19 . 55 Gross Ac @ $1, 230 . 00/Ac = $24 , 046 . 50 UGM Trunk Sewer Fee Service Area : Cornelia Trunk Line Zone District : R-1/UGM 18 . 91 Gross Ac @ $445 . 00/Ac $8,414 . 95 Total Estimated Amount $56, 742 . 55; 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, 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 9 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, 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 Covenant/Tract No. 3797 UGM Park, Fire Station & Trunk Sewer Fees Page 3 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. Covenant/Tract No. 3797 UGM Park, Fire Station & Trunk Sewer Fees Page 4 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 . Covenant/Tract No. 3797 UGM Park, Fire Station & Trunk Sewer Fees Page 5 DATED: A Accepted by: COVENANTOR CITY OF FRESNO REMINGTON ESTATES, a Joint Venture a Municipal Corporation BY LAND DEVELOPMENT, INC. , a By California Corporation Alvin P. Solis, Acting Director Development Department By APPROVED AS TO FORM: iFanley L'. Sp resident HARVEY WALLACE BY REZA AND REZA CORPORATION, City tto a California Corporation By / D epAty By Re a edi esident HERBERT ISHEIM & CHRISTINE ISHEIM, Husband and Wife Herbert Isheim Christine Isheim (Attach Notary Acknowledgement) STATE OF CALIFORNIA ) ss. COUNTY OF FRESNO ) On t - day of d�,�cz✓�/ in the year , ` before mei personally appeared _ C personally known to me t (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as Acting Director of the Development Department and acknowledged to me that the City of Fresno executed it . JACQUELINE L. RYLE, CMC City Clerk a LR:my By ((�� &tiL II 5066D/604 Deputy STATE OF CALIFORNIA � ss. COUNTY OF FRESNO 10TH APRIL 90 On this day of , in the year 19_, before me, the undersigned, a Notary Public in and for said State, personally appeared HERBERT ISHEIM and CHRISTINE ISHEIM personally known to me 0MCwLSEAL (or proved to me on the basis of satisfactory evidence)to be the person_.S whose names— ANGELA amesANGELA J.BROWN are subscribed to the within instrument,and acknowledged to me that t hey_ T:O *.Y PU3LIC-CA+!i O.N'A • P,,-MCIPAL OFFICE IN executed it. t� r'R SNO COUN1Y htv UP.Nov 16,199? i WITNESS my hand and official seal. ACKNOWLEDGMENT—General—Wolrotts Form 233CA—Rev.5-82 Notqg Public in and for 1d State. ©1982 WOLCOTTS,INC. 1DrKeClass 8.2) :i: iici'. STATE OF CALIFORNIA ) ss . COUNTY OF FRESNO ) On- ZQlLi_6 lgq U before me , the undersigned a Notary Public in ancT for said'State , personally appeared STANLEY L. SPANO personally known to me or proved to me on the basis of satisfactory evid- ence to be the person who executed the within instrument as the President of Land Development , Inc . , the corporation that executed the within instru- ment on behalf of REMINGTON ESTATES , the Joint Venture that executed the within instrument , and acknowledged to me that such corporation exe- cuted the same as such Joint Venturer and that such Joint Venture executed the same. WITNESS my hand and official seal. OFFICIAL SEAL ANGELA J. BROWN NOTARY PUBLIC-CALIFORNIA + PRINCIPAL OFFICE IN FRESNO COUNTY h1y commission W.Na 16,1992 otary Public i and for said County and State STATE OF CALIFORNIA ) ss . COUNTY OF FRESNO ) On C�.� & , l q o before me, the undersigned a Notary Public in andTfor said tate, personally appeared REZA ZAHEDI personally known to me or proved to me on the basis of satisfactory evid- ence to be the person who executed the within instrument as the President of Reza and Reza Corporation, the corporation that executed the within instrument on behalf of REMINGTON ESTATES, the Joint Venture that executed the within instrument , and acknowledged to me that such corporation exe- cuted the same as such Joint Venturer and that such Joint Venture executed the same. WITNESS my hand and official seal. OFFICIAL SEAL Y,. ANGELA J. BROWN NOTARY PUBLIOCAUFORNIA PRiNCIPA1_ IN My Commis im Expo.Nw 16.1992 No ary P lic in nd for said County and State �-- EXHIBIT 'A' The Subject Property referred to in these covenants is situated in the State of California, County of Fresno, and is described as follows : PARCEL 1 : The North half of the Southeast quarter of the Northeast quarter of Section 23 , Township 13 South, Range 19 East, Mount Diablo Base and Meridian, in the City of Fresno, County of Fresno, State of California. EXCEPTING THEREFROM the South 100 feet of the North 262 feet of the East 317 feet thereof: ALSO EXCEPTING THEREFROM the South 193 feet of the North 455 feet of the East 210 feet thereof, according to the United States Government Township Plats . PARCEL 2 : The South 100 feet of the North 262 feet of the East 317 feet of the North half of the Southeast quarter of the Northeast quarter of Section 23, Township 13 South, Range 19 East, Mount Diablo Base and Meridian, in the City of Fresno, County of Fresno, State of California, according to the United States Government Township Plats . PARCEL 3 : That portion of the North half of the Southeast quarter of the Northeast quarter of Section 23, Township 13 South, Range 19 East Mount Diablo Base and Meridian, in the County of Fresno, State of California, described as follows: Beginning at a point on the East line of said Section 23, distant thereon 371.37 feet South of the Northeast corner of the Southeast quarter of the Northeast quarter of said Section 23; thence South along said East line, a distance of 83 . 63 feet; thence West parallel with the North line of said Section 23 , a distance of 210 feet; thence North parallel with said East line, a distance of 86 . 50 feet; thence Easterly to the Point of Beginning. LR:mv 5068D/596