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HomeMy WebLinkAboutT-3798 - Agreement/Covenant - 6/30/2006 (3) ti :. RECORDED AT REQUEST OF y 86C'' "irst American Title Co:.of.Fres:10 Recording reque`4w uy 5S29G City Clerk,Fresno,California AT..`-_JA!N, pe F.T..` No Fes--GovL Coale 6103 Return to My Clerk,Fresno MAY 3 0 1986 rRFSNO COUNTY. CALIFORNIA kut& GALL.:'4" a, County Recorder �• DEPUTY RECORDER s -------------------SPACE ABOVE FOR RECORDER ' S USE------------------- P.W. File No. 8350 Development Department UGM No. 186 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK FEES AND CREATION OF LIEN (Tract No. 3798) ) RECITALS WHEREAS. Grupe Development Co. .Northern California. A California Corportion, P.O. Box 3656, Pinedale,CA 93650-3656, 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. 3798, consisting of Seventy-one (71) 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 Thirty Thousand Five Hundred Thirty Two Dollars and forty-seven cents $30. 532 . 47 for the following: UGM Neighborhood Park Fee Service Area No. 1 Zone District: R-1-UGM Proration* Gross Ac @ $982 .00/Ac = $24 , 583 . 89 Zone District: R-2-UGM Proration * Gross Ac @ $2462 .00/Ac = $5, 367 . 82 Zone District: R-P-UGM Proration Ac @ $824 .00/Ac = $580.76 Total Estimated Amount $30, 532 . 47; and * Proration from previous Tract Lots 5 & 6. Tract 3627 ~ 86GSS29s 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, or until all or part of the Subject Property is sold, whichever occurs first . 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 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- 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 . Q l � DATED: Accepted by: COVENANTOR CITY OF FRESNO Grupe Development Company a Municipal Corporation Northern California, A California QCorporation By Q • By .O• George A. Kerber, Director � . Development Department ATTEST: JACQUELINE L. RYLE Ci y Clerk By ti ' Deputy APPROVED AS TO FORM: JAMES A. McKELVEY City Attorney By ek-4- 86'r+ z9 STATE OF .CALIFORNIA ) ss. COUNTY OF FRESNO ) On this 27th day of May _ in the year 1986 before me Elvia Sommerville, Deputy City Clerk personally appeared George A. Kerber personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who execu ted 'this instrument as Director Development Department of City of Fresno and acknowledged to me that the City of Fresno executed it. JACQUELINE L. RYLE, CMC City Clerk Deputy 8605x236 STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss On this 19th day of May 1986, before me, the undersigned Notary Public in and for said State, personally appeared RONALD S. ADDINGTON , personally known to me (or proved to me on the basis of satisfactory evidence) to be the Vice President of GRUPE DEVELOPMENT COMPANY-NORTHERN CALIFORNIA, a California corporation, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its Board of Directors. WITNESS my hand and official seal . (seal ) (Zr'SOFFICIAL SEAL Notary Public in and for said State PATRICIA HA14SEPJ NOTARY PUBLIC-CALIFORNIA NOTARY BOND FILED I V My commiss1on expires: FRNO COUNTY o April 14, 1989 My Cn-:imi=orn Esp.April 14,1919 i l ^^.0 7P, .'. �-IC�lOi71• � 86������i TARCT N0. 3198 - "PHEASANT RUN" DESCRIPTION The real property situated in the City of Fresno, Fresno Irrigation District, County of Fresno, State of California, and is described as follows: Lots 5 and 6 of Tract No. 3627, WOMMM LAKE, according to the map thereof recorded in Book 43 Pages 3 through 9, inclusive of Plats, in the office of the County Recorder of Fresno County.