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Home My WebLink AboutT-3819 - Agreement/Covenant - 6/26/2006 (2) KKVIWCY /►Y KLy�Vy� Vt .c�riT _AL.ZLTIZovl?A�', AT...MIN. PAST. ...M p'��1�E CC�11^tJR� JAN 291987 87012136 FRESNO COUNTY, CALIFORNIA GALEN LA�R!SON, C,,.'r Recorder �4U4kWG� FEE BY DEPUTY RECORDER S -------------------SPACE ABOVE FOR RECORDER' S USE------------------- Tract No. 3819 Development Department UGM No. 253 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK AND FIRE STATION FEES AND CREATION OF LIEN Tract No . 3819 RECITALS WHEREAS, ASEMI AND SONS, INC. , 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. 3819, consisting of fifty-four (54) lots ; and WHEREAS, the Subject Property is subject to UGM Park and Fire fees pursuant to Sections 12-4 . 508 and 12-4 . 509 of the Fresno Municipal Code in the estimated amount of Fifteen Thousand Nine Hundred Ninety Two and 07/100 Dollars ($15, 992 . 07) for the following: UGM Neighborhood Park Fee Service Area No. 1 Zone District : R-1-UGM 12 . 97 Gross Ac @ $982 .00/Ac = $12, 736 . 54 UGM Fire Station Fee Service Area No. 13 1, \3�b Zone District : R-1-UGM �' 4� 0 12 . 97 Gross Ac @ $251. 00/Ac = $3 , 255 . 47 Total Estimated Amount $15, 992 . 07 ; and WHEREAS, Covenantor desires to have a Final Tract Map subdividing the Subject Property approved by the City of Fresno; and i WHEREAS, Covenantor desires to defer payment of the UGM Park and Fire Station 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 and Fire Station 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 prior to such time. 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 . Such lien is equal to the total estimated amount stated above plus any adjustments to such amount necessary to secure payment of all UGM fees when due. 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 transferable in any manner to any person other than to a successor municipal corporation whose geographic boundaries include the Subject Property. -2- 1 STATE OF CALIFORNIA ss On this .....25th......••day of..Noyember ....................,in the year 1986 COUNTYOF....Fresno .....................................................................,before me, ., Lamona Catherine Ense,y,.......,,a Nota Public,State of California, duly licensed and sworn,personall appeared.................................. --- - --- - - Farid Assemi OFFICIAL SEAL personally known to me(or proved to me on the basis of satisfactory evidence) • Lmona Catherine Ensey to be the person who executed the within instrument as..Pre s dent NOTARY PIISLIC•CALIFORNIA MNCIPAL OFFICE IN or on behalf of the corporation therein named and acknowledged to me that FRESNO COUNTY such corporation executed the within instrument pursuant to its by-laws or a toy Commission Expires Apr.20, 1990 resolution of its board of directors. WITNESSIN HEREOFI havehereunto set my hand and axed my officialsealin the , _N County affixed of...j'% A'r"`....... Tha doaanwe s d+y a g—y 1 r whrh my be propw ftm u»n mrpa ..........I..................... on the date set forth above in this certificate. t ow jdand n no wry acts,or m~xW to art.u■afatnur fa to D*M d an Wormy.The pn o doss not manta any warranty 44VW aWasa Or anF W090 90 Ypr v.adrry d ow provwon or tna weaWey d tn.s.soma nary tpe . Vwutm. Notary Public, State of Ca " ornia Cowdery's Form No. 28—Acknowledgement to Notary Public— Corporation(C.C.Secs. 1190-1190.1)—(Rev. 1183) My commission expires 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 . . DATED: Accepted by: COVENANTOR CITY OF FRESNO A EMI AND ONS, C i a Municipal Corporation a Ca 1 o nia Co por tion By Q� By George W. Kerber , Director Development Department By ATTEST: JACQUELINE L. RYLE City Clerk By / Deputy APPROVED AS TO FORM: C. WILLIAM BREWER Acting Cityorn By D put (Attach Notary Acknowledgement ) MIW:dc 7868g/182 r �1l� �!I f CENTRAL TITLE COMPANY Order No. 700109-DS ' EXHIBIT "A" PARCEL 1 : THE WEST HALF OF LOT 20 OF PERRIN COLONY NO. 2, 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 2 : THE EAST HALF OF LOT 20 OF PERRIN COLONY NO . 2, IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA, ACCORDING TO THE AMENDED MAP THEREOF RECORDED IN VOLUME 4, —OF PLATS, FRESNO COUNTY RECORDS. EXCEPTING THEREFROM THE EAST 462 FEET THEREOF . CT-848