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Home My WebLink AboutT-3849 - Agreement/Covenant - 6/26/2006 (2) RECORDED AT RICUfST OF ............................................... AT.... MIN. PAST.: M MAY 12 1987 FRESNO COUNTY, CALIFORNIA GALEN LARSON, County Recorder &t�oA FEE &;,o -------------------SPACE ABOVE FOR RECORDER' S DVIATEUCQRDLS S - ---- P.W. File No. 3849 Development Department UGM No. 186 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK AND FIRE STATION FEES AND CREATION OF LIEN Tract No. 3849 "Feather River" RECITALS WHEREAS, Grupe Development Company - Northern California , 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. 3849 , consisting of fifty one lots (51) lots : and WHEREAS, the Subject Property is subject to UGM Park and Fire Station fees pursuant to Sections 12-4 . 508 and 12-4 . 509 of the Fresno Municipal Code in the estimated amount of Thirty Six Thousand, Two Hundred Seventeen Dollars and Forty Four Cents ($36 , 217 . 44) for the following: UGM Fire Station Fee Service Area No. 21 Zone District : R-1/UGM (proration Lots 4 & 5 Tract No. 3627 Gross Ac) @ $1081.00/Ac = $18 , 977.73 UGM Neighborhood Park Fee Service Area No. 1 Zone District : R-1/UGM (proration Lots 4 & 5 Tract No. 3627 Gross Ac) @ $982 . 00/Ac = $17 , 239 .71 Total Estimated Amount $36 , 217. 44 ; and WHEREAS , Covenantor desires to have a Final Tract Map subdividing the Subject Property approved by the City of Fresno: and r _ • 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. 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 . 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 Grupe Development Company - a Municipal Corporation Northern California A California Corporation By Q George&h. Kerber , Director Development Department By ATTEST: JACQUELINE L. RYLE By City Clerk 6 By yl'" Deputy APPROVED AS TO FORM: C. WILLW BREWER Acting C ty Atto ey By ` Depu y F (Attach Notary Acknowledgement ) MIW:mv 9346g/238 J -3- 10 01 M E XX X Order No. FR 184095 S [555] D E S C R I P T 1 0 N The real property situated in the City of Fresno, Fresno Irrigation District, County of Fresno, State of California, and is described as follows: Outlot "A" of Tract 3798, "Pheasant Run", in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Volume 44 of Plats at Pages 36 and 37, Fresno County Records. TOGETHER WITH Parcel "B" of Parcel Map No. 86-15, in the City of Fresno, County of Fresno, State of California, according to the map thereof record(?d in Book 42 of Parcel Maps at Page 12, Fresno County Records. o . . . . . . . . . . . . Note: No known matters otherwise appropriate to be shown have been deleted fran this report, which is not a policy of title insurance but a report to facilitate the issuance of a policy of title insurance. Note: For purposes of ' policy issuance, no items may be eliminated on the basis of an indemnity agreement or other agreement satisfactory to the company as insurer.