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Home My WebLink AboutT-3834 - Agreement/Covenant - 6/26/2006 (2) X RECORDED AT It OF Western I d a ................................................ 87078949 AT..........MIN. PAST.. .. ..M .JUN 26 1987 FRESNO COUNTY, CALIFORNIA GALEN LARSON, County Recorder DEPUTY kECC)RDER S -------------------SPACE ABOVE FOR RECORDER ' S USE------------------- P.W. File No. 8433 Development Department UGM No. 238 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK, FIRE STATION AND TRUNK SEWER FEES AND CREATION OF LIEN Tract No. 3834 "Monte Vista No. 16" RECITALS WHEREAS, Pierce Lathing Co, Inc . , A California Corporation, DBA Pierce Enterprises , 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. 3834 , consisting of one hundred two ( 102) lots; and WHEREAS, the Subject Property is subject to UGM Park, Fire Station and Trunk Sewer fees pursuant to Sections 12-4 . 508 , and 12-4 . 509 of the Fresno Municipal Code and Resolution No. 83-40 in the estimated amount of Fifty Five Thousand Five Hundred Thirty Five Dollars and Forty Eight Cents ($55, 535. 48 ) for the following: UGM Fire Station Fee Service Area No. 16 Zone District : R-1-UGM 20 . 94 Gross Ac @ $1, 242 . 00/Ac = $26 , 007 . 48 UGM Neighborhood Park Fee Service Area No. 4 Zone District : R-1-UGM 20. 94 Gross Ac @ $980 . 00/Ac = $20, 521 . 20 UGM Trunk Sewer Fee Service Area : Cornelia Zone District : R-1-UGM 20 . 24 Gross Ac @ $445 . 00/Ac = $9 , 006 . 80 Total Estimated Amount $55 , 535 . 48 ; and V 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, Fire Station and Trunk Sewer 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, Fire Station and Trunk Sewer 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. :1 r 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: Iq. IlB� Cy : Accepted COVENANTOR CITY OF FRESNO Pierce Lathing Co. , Inc. a municipal Corporation A California Corporation DBA Pierce Enterprises By George e. Kerber, Director Development Department y $ %ti�- u.v `C�rtrw �lP ATTEST: JACQUELINE L. RYLE City Clerk By \ Byr_ Deputy APPROVED AS TO FORM: C. WI IAM BR ER Actin ity tt rney By Dep ty (Attach Notary Acknowledgement ) MW:dk 0268d/262 r s 1 c 28946 DESCRIPTION PAGE OF PRELIMINARY REPORT-ORDER NO. AMIDED FRESNO, 'rhe land referred to in this report is situated in the State of California, County of and is described as follows: BE3II3NING AT THE NORT11WEST CORNER OF T11E NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 13 SOUTH, RANGE 19 EAST, MOUNT DIABLO BASE AMID MERIDIAN, IN THE COUNTY OF FRESNO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT 'THEREOF; THENCE NORTH 89 DEGREES 53' 22" EAST, ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 731.10 FEET; THENCE SOUTH 0 DEGREES 02' 07" WEST A DISTANCE OF 241.00 FEET; THENCE SOUTH 4 DEGREES 18' 57" EAST A DISTANCE OF 189.63 FEET; THENCE SOUTH 0 DEGREES 41' 05" EAST A DISTANCE OF 50.00 FEET; THENCE SOU'T'HWESTERLY ALONG THE ARC OF A CURVE CONCAVE SOUTHEASTERLY WITH A RADIUS POINT BEARING SOUTH 0 DEGREES 41' 05 ' EAST A RADIUS OF 775.00 FEET, THROUGH A CENTRAL ANGLE OF 2 DEGREES 01' 48" AN ARC LENGTH OF 27.46 FEET; THENCE SOUTH 2 DEGREES 42 ' 53" EAST A DISTANCE OF 104 .36 FEET; TIiF= NORTH 88 DEGREES 52 ' 42" EAST A DISTANCE OF 30.33 FEET; THENCE SOU'T'H 0 DEGREES 02 ' 07" WEST A DISTANCE OF 382.02 FEET; THENCE SOUTH 89 DEGREES 52 ' 41" WEST A DISTANCE OF 60.00 FEET; THENCE SOUTH 0 DEGREES 02 ' 07" WEST A DISTANCE OF 102.00 FEET; THENCE SOUTH 89 DEGREES 52 ' 41" WEST A DISTANCE OF 190.00 FEET; THENCE SOUTH 0 DEGREES 02' 07" WEST A DISTANCE OF 152.00 FEET; THENCE SOUTH 89 DEGREES 52' 41" WEST A DISTANCE OF 32.67 FEET; THENCE SOUTH 0 DEGREES 02 ' 07" WEST A DISTANCE OF 102.00 FEET, TO A POINT ON THE 'SOUTH LINE OF SAID NORTHEAST QUARTER; THENCE SOUTH 89 DEGREES 52' 41" WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 471.33 FEET, TO THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE NORTH 0 DEGREES 02 ' 07" EAST, ALONG THE WEST LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 1322.76 FEET TO THE POINT OF BEGINNING. �7 CORPORATE ACKNOWLEDGMENT State of On this the&/day of VCtn/� 190'Z,before rr SS. County of �o DOROWA-MORAP:A the undersigned Notary Public,personally appeared z personally known to me proved to me on the basis of satisfactory evidence .,. _ OFFICIAL SEAL to the person(s)who executed the within instrument as DOROTHYA MORAGAa �.L or on behalf of the corporation thew NOTARY PUBLIC named,and acknowledged to me that the corporation executed it. fRMW COUNTY 9 P }"r` WITNE y hand d fficia seal. Mitr Comm.F�pi�os Sop.30,1989 t ary'�Sig re 7120 122 NATIONAL NOT y ASSOCIATION • 2301 entura Blvd. • P.O Box 4625 9 Woodland Hill;CA