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HomeMy WebLinkAboutT-3873 - Agreement/Covenant - 6/23/2006 (2) ' g� UQQS6 RECORDED AT REOUEST OF First American Title Co. of Fresno A INPAST m, AUG 1 4 1987 FRESNO COUNTY.CALIFORNIA GALEN LARSON,County Recorder FEE $ BY DEPUTY RECORDER -------------------SPACE ABOVE FOR RECORDER ' S USE------------------- P.W. File No . 8504 Development Department UGM No . 271 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK, FIRE STATION AND TRUNK SEWER FEES AND CREATION OF LIEN Tract No. 3873 RECITALS WHEREAS, Sonora Development Company, 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 . 3873 , consisting of Ninety-Two (92) 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-Three Thousand Three Hundred Seven and 03/100 ($53 , 307 . 03 ) for the following: UGM Fire Station Fee Service Area No . 14 Zone District : R-1/UGM 19 . 19 Gross Ac @ $547 .00/Ac = $10, 496 . 93 • UGM Neighborhood Park Fee Service Area No . 6 Zone District : R-1/UGM 19 . 19 Gross Ac @ $1, 800 . 00/Ac = $34 , 542 .00 UGM Trunk Sewer Fee Service Area : Cornelia Zone District : R-1/UGM 18 . 58 Gross Ac @ $445 .00/Ac = $8 , 268 . 10 Total Estimated Amount $53 , 307 .03 ; 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, 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 . -2- 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 . -3- The provisions of this Statement shall be deemed independent and f 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: zl)�/Z � Accepted by: COVENANTOR CITY OF FRESNO SONORA DEVELOPMENT COMPANY, INC. , a Municipal Corporation a California Corporation By -(--a. � �' - j George A Kerber, Director 4--:: Development Department i7enry D. Nunez, President ATTEST: JACQUELINE L. RYLE Cit! Clerk By Deputy APPROVED AS TO FORM: HARVEY LLACE City Att rne/y(� 7 By k-A Dep ty (Attach Notary Acknowledgement ) GSA:mv 0871d/276 GL 0016/K -4- 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: L/z Z�' Accepted by: COVENANTOR CITY OF FRESNO SONORA DEVELOPMENT COMPANY, INC. . a Municipal Corporation a California Corporation By George A Kerber, Director Development Department enry D. Nunez . President ATTEST: JACQUELINE L. KYLE City Clerk By Deputy APPROVED AS TO FORM: STATE OF CALIFORNIA ) 55. COUNTY OF FRESNO ) On this 16th day of July, 1987, before me, the undersigned Notary Public in and for said- state, Personally appeared HENRY D. NUNEZ, personally known to me to be the President of the corporation that executed the within instrument and acknowledged to me that the corporation executed the instrument pursuant to its By-Laws or a resolution of its Board of Directors. WITNESS my hand and official seal . Of:iC#AL,TEAL ELLEN K. OURBROW NOTARY PUBLIC,CALIFORNIA 6L 2��'2 NOTARY BOND FILED iN ELLEN F:. DURBROW �• FRESNO COUNTY &4y Commission Expires June 25. 1991 EXHIBIT "A" -LEGAL DESCRIPTION LOTS 609,610,629 AND 630 OF BULLARD LANDS IRRIGATED SUBDIVISION NO.6, ACCORDING TO THE MAP THEREOF RECORDED. IN VOL. 8 PAGES 25 AND 26 OF PLATS, FRESNO COUNTY RECORDS.