Loading...
HomeMy WebLinkAboutT-3814 - Agreement/Covenant - 6/27/2006 (2) 'A 1 RECORDED AT OUT OF CENTRAL TIT COMPANY 88070134 AT. ......MIN. PA ..M JUN 28 1988 PLEASE CONFORM FRESNO COUNTY.CALIFORMA GALEN LARSON.CountyffFEE .YDEPUTY RECORDER -------------------SPACE ABOVE FOR RECORDER ' S USE------------------- P.W. File No.. 8401 Development Department UGM No: 235 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK FEES AND CREATION OF LIEN Tract No. 3814 RECITALS WHEREAS, Sandalwood Development Corporation, a California Corporation, 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. 3814 , consisting of fourteen (14) lots and seventeen (17) outlots; 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 Four Thousand Five Hundred Forty-Six and 66/100 Dollars ($4 , 546 . 66) for the following: UGM Neighborhood Park Fee Service Area No. 1 Zone District : R-1/UGM 4 . 63 Gross Ac @ $982 .00/Ac = $4 , 546 . 66 Less 0. 06 Acres ($58 . 92) paid for Outlots A through Q Total Estimated Amount Deferred $4 , 487 . 74 ; and Tract No. 3814 UGM Fees & Creation of Lien 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. -2- Tract No. 3814 UGM Fees & Creation of Lien 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 . 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 . -3- Tract No. 3814 UGM Fees S Creation of Lien DATED: June 9 , 1988 Accepted by: COVENANTOR CITY OF FRESNO SANDALWOOD DEVELOPMENT CORPORATION a Municipal Corporation a Calif 1 Corp tion By �� l�• ��/t�_ By eorge A. Kerber, Director Leven TA11 , President Development Department By ATTEST: JACQUELINE L. RYLE Cit C rk b J By tiLvv Deputy APPROVED AS TO FORM: HARVEY WALLACE City Attorney Y _ Deputy (Attach Notary Acknowledgement) GA: jjw 4771d/366 -4- STATE OF CALIFORNIA On this 9th day of June in the year ! COUNTY OF FRESNO 1988 before me rl Deborah A. Boswein , a Notary Public, State of California, duly commissioned and sworn,personally appeared Steven C. Aall personally known to me(or proved to me on the basis o. satisfactory evidence) to be the President of the corporation =OFFICIALL SEAQ` . 60Si'VElt! that executed the within instrument, and also known to me to be the IC CALIFOR,�rA ► person _who executed the within instrument on behalfofthe corpora- OFF,CE IN tion therein named, and acknowledged to me that such corporation executed COUNTYpues June 7, 1989+ the same IN WITNESS WHEREOF I have Pereunto set my hand and affixed my official seal in the Fresno County of n14Omw 0 .,,,.a,mat,,,,,,,,,�,,Me,t.p V. M,e California y � /op the d�jafe set /fi>rth above in this certificate, ran..ea an an d n . .ay am,or a nrarrde�d m an,u a�saw for 1 adww d an arorrry.Tlw puhkarw don not make any wanerty&am a■paaa or tripaad um ti wr'•rdy d my wowwon or ov autaNay of rhea.wane em my a eca tro aa,,,,,, No.ary'Public, State of California Cowdery's Form No. 28—Acknowledgement June 7 1989 to Notary Public—Corporation(C.C.Seca. 1190-1190.1) My commission expi--es ' „a . rx THAT PORTION OF LOT 67 OF PERRIN COLONY NO. 2, IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF RECORDED IN VOLUME 4, PAGE 68 OF PLATS; FRESNO COUNTY RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 67 ; THENCE NORTH 0.19155” WEST, ALONG THE WEST LINE OF SAID LOT 67, A DISTANCE OF 362.31 FEET; THENCE NORTH 89'18'00" EAST, A DISTANCE OF 526.00 FEET; THENCE SOUTH 0.19155" EAST, PARALLEL WITH THE WEST LINE OF SAID LOT 67, A DISTANCE OF 362.57 FEET; THENCE SOUTH 89019-*42" WEST, ALONG THE SOUTH LINE OF SAID LOT 67, A DISTANCE OF 526.00 FEET TO THE POINT OF BEGINNING.