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Home My WebLink AboutT-3880 - Agreement/Covenant - 6/22/2006 (2) { 9108CO4y ' GA r;P e AT______MIN. PAST M JUL 18 1991 FRESNO COUNTY,CALIFORNIA WILLIAM C.GREENWOOD,County Recorder 4414��- � FE PLEASE CONFORM BY DEPUTY RECORDER, -------------------SPACE ABOVE FOR RECORDER' S S ----------------- P.W. File No. 8571 Development Department UGM No . 286 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK FEES AND CREATION OF LIEN Tract No. 3880 RECITALS WHEREAS, CHESTNUT VILLA PARTNERS, a California General 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. 3880, consisting of Fifty Six (56) lots and one outlot; and WHEREAS, the covenantor hereby warrants that any and all parties having record title interest in the Subject Property which may ripen into a fee have subordinated to this instrument; and WHEREAS, all such instruments of Subordination, if any, are attached hereto and made a part of this instrument; and WHEREAS, the Subject Property is subject to UGM Park fees pursuant to Sections 12-4 . 509 of the Fresno Municipal Code in the t Covenant/T-3880 UGM Park Fees Page 1 estimated amount of Twenty-Three Thousand Six Hundred Twenty-Six and 20/100 Dollars ($23 , 626 .20) for the following : UGM Neiahborhood Park Fee Service Area No. 7 Zone District : R-1/UGM/CZ 13 . 98 Gross Ac @ $1, 690 . 00/Ac $23 , 626 . 20 Total Estimated Amount $23 , 626 .20; 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. 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. Covenant/T-3880 UGM Park Fees Page 2 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 . r The provisions of this Statement shall be deemed independent and severable and the invalidity or partial invalidity or unenforce- ability of any one provision or portion thereof shall not affect the Covenant/T-3880 UGM Park Fees Page 1 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: JtAne Accepted by: COVENANTOR CITY OF FRESNO CHESTNUT VILLA PARTNERS a MunicipalCorporationa Cali forni General Partnership By Alvin P. Solis, Director By Development Department Dr . Scott Sturman, Managing General Partner APPROVED AS TO FORM: HARVEY WALLACE City Attorney r By Deputy (Attach Notary Acknowledgement) + STATE OF CALIFORNIA ) ) ss . COUNTY OF FRESNO ) On this day of in the year l99l , before me ,t,la� G�, �� personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as Director of the Publie iDeve)ojoinen -Works Department and acknowledged to me that the City of Fresno executed it. JACQUELINE L. RYLE, CMC City Clerk By e ; LR: lb puty LAND100/919+ rev: 6/19/91 Covenant/T-3880 UGM Park Fees Page 1 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 CHESTNUT VILLA PARTNERS a Municipal Corporation a Californi General,Partnership By Alvin P. Solis, Director By Development Department Dr . Scott Sturman, Managing General Partner APPROVED AS TO FORM: HARVEY WALLACE City Attorney By "'� 4�;- Deputy (Attach Notary Acknowledgement) J f STATE OF CALIFORNIA ) ss. COUNTY OF FRESNO ) y p STATE OF CALIFORNIA On this..�.1/............day f ��'�' in the year.//...,....... ss, �. ' a Notary blic.State of 1 before me,..../✓.��i!f L '. :Y� ..,.. COUNTY OF 1.w i 4�................ Califor ,duly licensed and sworn,personally appeared^.'� 004CtAL EN- personally known to me for proved to me on the basis of satisfactory evidence,to be the person MARVELL FRENCH that executed this instrument,on behalf of the partnership and acknowledged to me that the Notary public.CaIilOmle artnershi executed it. principal Office In p" p FresnoCOUnIy IN WI'CIySS WHEREOF I have hereunto smy hand and atlixed my otlicial 10 OMMIwon Fxp+��prtl .1992 seal,in the.. .-76 i�•�.4?...........County ACof. �-!l lv........,on the dote set forth above in this certificate. 'a TM dOelamen!h only to general fpm wtw*maybe propef lot use in senpb transactions and,n w way acla.01 is intended to act.as a aUDalmlle la the advCe of an ahamey, The pnmef does not make any wan".o"espresa or rrnpked.as to fro legal ralyddty d any Wcnnsron at the sudadldy of these fame /G h any,apaobC trafyaagn Notary Publi�,State of La ,forniu. Cowdery's Form No.29—Acknowledgment to Notary Public Partnership—(C.C.Sec. 1190A.1—tRev. 1/831 My commission expires EXHIBIT "A" The subject property referred to in this Statement of Covenants is situated in the State of California, County of Fresno, and is described as follows : Parcel A of Parcel Map No . 85-10 , in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Book 45, pages 25 and 26 of Parcel Maps, Fresno County Records . LR: lb LAND100/919+