HomeMy WebLinkAboutT-3881 - Agreement/Covenant - 6/22/2006 (2) • 89003061 RECORDED AT REQUEST OF.
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JAN 101989
FRESNO COUNTY.CALIFORNIA
GALEN LARSON.County Recorder
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BY DEPUTY RECORDER
-------------------SPACE ABOVE FOR RECORDER ' S USE-------------------
P.W. File No. 8511 Development Department
UGM No. 273 City of Fresno
STATEMENT OF COVENANTS
FOR UGM PARK, FIRE STATION
AND CREATION OF LIEN
Tract No. 3881
Summerset No. 3
Phase I of Tentative Tract No. 3881
RECITALS
WHEREAS, Kesterson Development Co. 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. 3881, consisting of Twenty Seven (27) 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 Eleven Thousand
Nine Hundred Thirty Two and 14/100 , Dollars ($11, 932 . 14 ) for the
following :
UGM Fire Station Fee
Service Area No. 16
Zone District: R-1/UGM
5 . 37 Gross Ac @ $1 , 242 .00/Ac = $6, 669 . 54
,r
UGM Neighborhood Park Fee
Service Area No. 4
Zone District : R-1/UGM
5 . 37 Gross Ac @ $980.00/Ac = $5, 262 . 60
Total Estimated Amount $11, 932 . 14 ; 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 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 Covenantors 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 .
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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 transferable 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 .
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.
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ATE OF CALIFORNIA
ss.
COUNTY OF FrP SAO
On this l b day of ���em� J' in the year 19
be a me, the un ersigned, a Nota Public in and for said State, personally appeared
C=`CMI SEAL
LYNN FIEPER — '
MC!uxr Pl,9uc-CALIFORIM personally known to me
PRi`FCiPAL OFFICE IN
F�LsnocouNrr (or proved to me on the basis of satisfactory evidence)to be the persons who executed the
w Comm Enaires Sept.1,t99t within instrument as �/ "Vution Secretary,
respectively,of the Corpor Ion thereiledge to me that the Corporation
executed it pursuant to is by-laws oar of directors. j
WITNESS my hand d o * se �I
!I
•�-w , .� r•1y Form 222CA—Rev 1183 d for said State._�I 1
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: S •t.La/uy ���
Accepted by: COVENANTOR
CITY OF FRESNO Kesterson Development Co. Inc,
a Municipal Corporation a California Corporation
1 By Q
George A. Kerber, Director
Development Department
APPROVED AS TO FORM:
HARVEY WALLACE
City Attorney
B
Deputy (Attach Notary Acknowledgement)
STATE OF CALIFORNIA )
ss .
COUNTY OF FRESNO )
On this � sj a of �Ji(.u.u..t-Yh— , in the year 190
before me d SQc�" personally
appeared personally known to
me (or proved to a on the basis of satisfactory evidence) to be
the person who executed this instrument as
Director of the Development Department and acknowledged to me that
the City of Fresno executed it.
JACQU L. RYLE, CMC
Cit Cler
By d C�t ,
eX-�el�
J ,Heput
Dated : ✓aMu&*tt
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Exhibit "A"
The Subject Property referred to in these covenants is situated in
the State of California , County of Fresno , and is described as
follows :
That portion of Parcel A of Parcel Map No. 84-74 ,
recorded in Book 43 , Pages 67 and 68 of Parcel Maps,
Fresno County Records, described as follows :
Beginning at the Southwest corner of said Parcel A;
thence North 0' 00 ' 16" West along the West line of said
Parcel A. a distance of 952 . 84 feet to the Northwest
corner of said Parcel A; thence North 890 53 ' 07" East ,
along the North line of said Parcel A, a distance of
250. 00 feet; thence leaving said North line, South
00 001 1611 East, a distance of 845 .05 feet; thence South
890 54 ' 30" West, a distance of 40.00 feet; thence South
00 00 ' 16" East, a distance of 107 . 89 feet to the South
line of said Parcel A; thence South 89' 541 3011 West,
along the South line of said Parcel A. a distance of
210. 00 feet to the Point of Beginning.
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