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Home My WebLink AboutT-3854 - Agreement/Covenant - 7/5/2006 (2) RECORDED AT REQUEST OF rn . AT. MIN. PAS_it?_�... . .M c ! UX-FE C%.1� �Ai71 MAY 2 81987 FRESNO CGWNTY, CALIFORNIA 8'7065362GALINLARRSO/N, Couehr Recorder �j�`-,`��` Qr4G FEE 9Y DEPUTY RECORDER 3 -------------------SPACE ABOVE FOR RECORDER ' S USE------------------- P.W. File No. 8530 Development Department UGM No. 187 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK FEES AND CREATION OF LIEN Tract No. 3854 RECITALS WHEREAS, Riverview Estates , A 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. 3854 , consisting of nineteen (19) lots ; and WHEREAS, the Subject Property is subject to UGM Park fees pursuant to 12-4 . 509 of the Fresno Municipal Code in the estimated amount of Eight Thousand Six Hundred Eighty-nine Dollars and Eighty-seven Cents ($8 , 689 . 87) for the following: UGM Neighborhood Park Fee Service Area No. 6 Zone District : R-1-C Proration Lot 22 (Tract 3593 ) Gross Ac @ $1, 324 .00/Ac = $8 , 689 . 87 Total Estimated Amount $8 , 689 . 87 ; 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. CQVENANTS, 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- „r Exhibit "A" Lot 22 of Tract No . 3593 , Rio Vista Phase II , in the City of Fresno, County of Fresno, State of California , as per map recorded in Volume 42 Pages 90 and 91 of Plats , Fresno County Records . MIW:mv 9571g1242 STATE OF CALIFORNIA OSMECO SS. TITLE INSURANCE COUNTY OF Fresno c a On this the 20th day of Ap r i 1 19 8 7 ,before me,the undersigned,a Notary Public in and for a, N said State,personally appeared Victor ROZnOysky d personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the r President,** a N XP0M *XkR R1QRIXRrINYVA14RR A f1 7�h�f� 41�4�Y�IX i th��t4[ t�Mh4Rfi44i�fe4kSld@�7{If lxil 7{S?I► Rt7d !!fie c _ ftintmxof Ci Bargain Homes Inc. the corporation that FOR NOTARY SEAL OR STAMP 6 U executed the within instrument on behalf of aRiverview Estates the part- N nership that executed the within instrument,and acknowledged to me OiFlCIAI SERI that such corporation executed the same as such partner and that o BETTY S. NAKAYAMA 5 such partnership executed the same. NOTARY PUBLIC.CALIFORNIA m m WITNESS my hand and official seal. + NOTARY BOND FILED IN a FRESNO COUNTY in Betty S. Nakayama MyComnimionExp4wJuly 15,1987 Sign re STATE OF CALIFORNIA l O) SAFECOn l TITLE INSURANCE L COUNTY OF_` a On this the— t I day of r' 19 8� ,before me,the undersigned,a Notary Public in and for41 aN said State,personally appeared `,1 r.1 v T.. ;n a n o o personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the d r President,and• — aperssrratlyknoymtameorproved,to_mean-thebasis&-satisfactory-.evidensedo'bsthe person who execvtedthewithninstrumentasthe -Secretary of 711c, the corporation that FOR NOTARY SEAL OR STAMP U executed the within instrument on behalf of r r'g ,-r-- the part- nership that executed the within instrument,and acknowledged to me m that such corporation executed the same as such partner and that W:COUN:TY CO such partnership executed the same. WNOTARY ETTY A m � d WITNESS my hand and official seal. PURNIA a NOTARYINrn ( r r.• 'i Nakap4'urlFRESC? mission ,1987 Signature Iw. NEW—