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Home My WebLink AboutT-3815 - Agreement/Covenant - 6/27/2006 (3) • RECORDED AT REQUESTT pF w' CENTRAL TITLE COMPANY R!lG3r�iil:y'r„y..a„ .............................................. • City Clark,Frostio, NoFee•Govt. Ccde 3:113 AT..--...MIN. PAST., �M Return to C11y Var c, rrasno 86 091619 AUG 12 1986 FRESNO COUNTY, CALIFORNIA GALEN LARSON, County Recorder •n DEPUTY RECORDER -------------------SPACE ABOVE FOR RECORDER ' S USE------------------- P. W. File No. 8378 Development Department UGM No. 235 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK FEES AND CREATION OF LIEN (Tract No. 3815) RECITALS WHEREAS, Sandalwood Development 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. 3815, consisting of sixty-six (66) 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 Fifteen Thousand Fifty-Four Dollars and Six Cents (15, 054 .06) for the following: UGM Neighborhood Park Fee Service Area No. 1 Zone District : R-1/UGM 15 . 33 Gross Ac @ $982 .00/Ac = $15, 054 .06 Total Estimated Amount $15, 054 .06; 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, or until all or part of the Subject - Property is sold , whichever occurs first. 86091619 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. The conditions and obligations of this Statement shall remain in full force and effect until such time as the Director of the 86491619 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 2 Accepted by: COVENANTOR CITY OF FRESNO Sandalwood Development Corporation, a Municipal Corporation a Calif nia Corpo ation By Q ' George 9. Kerber , Director By Development Department C. "p" . President ATTEST: JACQUELINE L. RYLE City Cle, k By APPROVED AS . TO/FORM: JAMES A. McKELVEY City Attorney By Deputy (Attach Notary Acknowledgement) MIW:mv 6312g/142 STATE OF CALIFORNIA ) COUNTY OF Fresno } SS. On this 15th day of July, in the year f1986 before me, the undersigned, a Notary Public in z and for said County and State ersonally appeared Steven C. Hai�. d personally known 'v to me (or proved to me on the basis of satisfactory evidence) to be the W President, and U z z O a ;: personally known to me (or proved to me on the basis of satisfactory z Oevidence) to be w s Secretary of the corporation that executed the within Instrument, and F v acknowledged to me that such corporation executed the within instru- --, F mens pursuant to its by-laws or a resolution of its board of directors. i i,,tIttra>> O 1"10fPlRRIYPICPilPi:13iL_!C CA!1`ORi;lr, OM*- iN1iI 1 Signature l ` I-SNO Ciijr,j: 1 = Deborah A. Boswein Fury Ccmm;ssan E ;res Jun? !, :9SS Name (Typed or Printed) Notary Public in and for said County and State F. 2467 R. 1 1/82 (This area for official notarial seal) -3- 86091613 E X H I B I T "A" 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 . EXCEPTING THEREFROM THAT PORTION OF SAID LOT 67, DESCRIBED AS FOLLOWS : BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 67; THENCE NORTH 0' 19' 55" 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' 19' 55" EAST, PARALLEL WITH THE WEST LINE OF SAID LOT 67, A DISTANCE OF 362 . 57 FEET; THENCE SOUTH 89' 19 ' 42" WEST, ALONG THE SOUTH LINE OF SAID LOT 67, A DISTANCE OF 526. 00 FEET TO THE POINT OF BEGINNING . FOR THE PURPOSE OF THIS DESCRIPTION , THE SOUTHWEST CORNER OF SAID LOT 67 IS ASSUMED TO BE 30. 00 FEET EAST OF THE WEST LINE OF SECTION 35, TOWNSHIP 12 SOUTH, RANGE 20 EAST, M .D .B . & M. STATE OF CALIFORNIA ) 86091619 ss COUNTY OF FRESNO ) On this 23rd day of July 19 86 before me , the undersigned, a Notary Public for the State of California, with principal office in Fresno County, residing therein, , duly commissioned and sworn, personally appeared George A. Kerber , personally known to me (ar_.pxou2d_to- -o-r*--the--ba-s-i-s-o-f--s&- sf-ae er,�--ev-idencee) , to be the nPvPlonmentq Director of the City of Fresno, a municipal corporation-, and known to me to be the person who executed the within instrument on behalf of said public corporation executed the same . IN WITNESS WHEREOF , I have hereunto set my hand and affixed my official seal in said County of Fresno the day and year in this certificate first above written. (SEAL) OFFICIAL SEAL �I j'"�'�, RUTH R YANES �f City cf Fresno �-a �,. NOTARY PUBLIC -CALIFORNIA FRESNO COUNTY Notary Public for the State of My comm. expires SEP 5, 1987 California with pri:hcipal office in Fresno County i,