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Home My WebLink AboutT-3802 - Agreement/Covenant - 6/27/2006 (2) "• K�.uKDED AT REQUfST 01- LE fLE COMPANY l 87003333 AT. MIN. PAST.. . ._ ...M C/4 Clergy;. Frnnc,. California AN 91967 MO Fee-Govt. Code 6103 RR[SNO C7: Return b CHY Owk, FraGA ''` y CALIForNIA CARSON, Couatr Recorder � 4rrJa �uJt FEE BY DEPUTY RECORDER s -------------------SPACE ABOVE FOR RECORDER' S USE------------------- P.W. File No. 8368 Development Department UGM No. 240 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK FEES AND CREATION OF LIEN (Tract No. 3802) RECITALS WHEREAS, WESTBROOK ESTATES, LIMITED, a California Limited 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 in attached Exhibit "A" , said property being further subdivided by the final map of Tract No. 3802, consisting of Seventy-three (73 ) 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 Twenty-four Thousand Four Hundred Fifty-One and 80/100 Dollars ($24 ,451. 80)� for the following: UGM Neighborhood Park Fee Service Area No. 1 Zone District : R-1/UGM 24 . 9 Gross Ac @ $982/Ac $24, 451.80 Total Estimated Amount $24 ,451. 80; 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. I g'7003333 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 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 . -2- • • 87003333 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: -z 1`: ��04 Accepted by: COVENANTOR CITY OF FRESNO WESTBROO ESTATES. LIMITED, a Municipal Corporation A C li n' a L ited Partnership r 01 By: R L h o f tes, General Partner By Q. By i eorge 1. Kerber, Director L. Ado p-h Atesidlent Development Department By ATTEST: JACQUELINE L. RYLE City Clerk o � By Deputy APPROVED AS TO FORM: C. WILLIAM BREWER Acting ity t rney By ' Depu y (Attach Notary Acknowledgement) STATE OF CALIFORNIA ) ) ss. COUNTY OF FRESNO On this23rd day of December in the year 1986 . before me Elvia Sortmerville , personally appeared George A. Kerber , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as Development Director of the City of Fresno and acknowledged to me that the City_of Fresno executed it. JACQUELINE L. RYLE, CMC City Clerk d U eputy -3- State of California 8 i OU;-33 County of Fresno On this 4th day of December 19 86 before me, the undersigned, a Notary Public in and for said County and State, personally appeared ROB L. ADOLPH, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as PRESIDENT of R. L. ADOLPH ASSOCIATES, INC., the corporation therein named, and acknowledged to me that said corportion executed the within instrument pursuant to its bylaws or a resolution of its board of directors, said corporation being known to me to be one of the partners of WESTBROOK ESTATES, LTD., the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. Witness my hand and official seal. CLAUDIA A. THOMAS NOTARY PUBLIC Notary Public FRESNO CpUNTY, CALIFORNIA IMV Com*won Expws Jun.22. 1987 STATE OF CALIFORNIA COUNTYOFW SS. On this day of-Q t G LM+`tr in the year before me,the undersigned,a Notary Public in and for said County and State, personally appeared MARGARPT T. RFTTFTIC(-11RT personally known to me (or proved to me on the basis of satisfactory evidence) to be W ( of the partners of the partnership that executed the F%CLAUDI::D2211" z within instrument, and acknowledged to me that such partnership NOTaexecuted the same. FRESNO My Comrwiss' Signature S a° Name (Typed or Printed) Notary Public in and for said County and State e:003%'133 EXHIBIT "A" PARCEL ONE : LOT 58 OF PERRIN COLONY N2, IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA, ACCORDING TO THE AMENDED MAP THEREOF RECORDED IN VOLUME 4, PAGE 68 OF PLATS, FRESNO COUNTY RECORDS . PARCEL TWO! THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 20 EAST, MOUNT DIABLO RASE AND MERIDIAN. , EXCEPTING THEREFROM THE EAST 15 ACRES THEREOF . SAID LAND IS ALSO DESCRIBED AS BEING A PORTION OF LOT 38 OF PERRIN COLONY NO . 2, IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA, ACCORDING TO THE AMENDED MAP RECORDED IN VOLUME 4, PAGE 68 OF PLATS, FRESNO COUNTY RECORDS . TRACT NO. 3802