Loading...
HomeMy WebLinkAboutT-3844 - Agreement/Covenant - 7/5/2006 (2) `1 x,C0k0fi0 AT REQUEST Vf PLEASE =WCA, ------ .. 0. AT....... MIN. PAST ...M MAY 61987 FRESNO CJJNTY, CALIFORNIA 87055230 GALEN LARSON, Coupty Recorder F av DFPUTY REC^tZDER --------------------SPACE ABOVE FOR RECORDER ' S USE------------------- P.W. File No. 8454 Development Department UGM No. 259 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK FEES AND CREATION OF LIEN Tract No . 3844 "Northcreek" RECITALS WHEREAS, FRESNO NORTHCREEK COMPANY, 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. 3844 . consisting of one (1) 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 FORTY-NINE THOUSAND ONE HUNDRED NINETY DOLLARS AND SEVENTY-SIX CENTS ($49, 190.76) for the following: Total Estimated Amount $49 , 190. 76; 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. , • a 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 Development Department of the City of Fresno issues a written release of such conditions and obligations . -2- 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 FRESNO NORTHCREEK COMPANY, a Municipal Corporation A California Limited Partnership By ` George . Kerber , Director By i 2 Development Department Richard . Spencer General Partner ATTEST: JACQUELINE L. RYLE By City Clerk D Carl Motschiedler neral Partner By Deputy APPROVED AS TO FORM: C. WI LIAM BREWER City "AtorZECI By /.1 -1 Deputy (Attach Notary Acknowledgement) MIW: jh 9179g/239 PARTNERSHIP ACKNOWLEDGMENT NO.203 . California 3rd April 87 t State of On this the day of 19 ,before me, '1 SS. Fresno Karen Leigh Emery County of , ,ll the undersigned Notary Public,personally appeared 1 Richard F. Spencer & J. Carl Motschiedler r' ❑ personally known to ❑ proved to me on the basis of satisfactory evidence CiFFIC1A1 SEAL ` KAREN LEIGH EMERY to be the person(s)who executed the within instrument on behalf of the ,4 NOTARY PUBLIC-CALIFORNIA partnership,and acknowledged to me that the partnership executed it. PRINCIPAL OFFICE IN WITNESS my nd and officials al. FRESNO COUNTY 4 My Commission Expires Nov,3. 1989 ![� 1 '+ t Notary' Signature �.e�;r:-.-�i-:i��-'r+,.-��',•✓.-%?:��.rr+„->:-'.-'?`jt-'�'.�,r�1,,��..+".r'.�'.�..-�1=�'�� .�.*'.�.r'.eYiJ'r_'�2�.c':=�.-'=��?i-'�"�:+y_,=�'�:-".-rit -',.�,-�r�J..�'?i�t'�.•>,:�,�.•'� 7130122 NATIONAL NOTARY ASSOCIATION•23012 Ventura Blvd.•P.O.Box 4625•woodland Mills,CA 91364 • ORDER NO. 0313970 0000 PAGE 6 DESCRIPTION: V LOT 19 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.