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Home My WebLink AboutT-3884 - Agreement/Covenant - 6/21/2006 (2) . RECORDED AT REOUEST OF 817120868 ,sAMCO I= AT MIN PAST N: OCT 02 1987 PLEASE CONFC,- +�', FRESNO COUNTY,CALIFORNIA GALEN LARSON,County Recorder &&C,; FEE � S ' BY DEPUTY RECORDER -------------------SPACE ABOVE FOR RECORDER ' S USE—------------------- P.W. File No. 8512 Development Department UGM No. 277 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK AND FIRE STATION FEES AND CREATION OF LIEN Tract No. 3884 RECITALS WHEREAS, Matott Tahajian Properties , a 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. 3884 , consisting of one hundred seventy three (173 ) 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 One Hundred Ten Thousand, Eighty Eight and 48/100 Dollars ($110, 088 . 48) for the following: UGM Fire Station Fee Service Area No. 2 Zone District : R-1/UGM 49 . 29 Gross Ac @ $278 .00/Ac = $13 , 702 . 68 Service Area No. 2 Zone District : R-1-B/UGM 5 . 30 Gross Ac @ $122 . 00/Ac = $646 . 60 UGM Neighborhood Park Service Area : 6 Zone District : R-1/UGM 49 . 29 Gross Ac @ $1, 800. 00/Ac = $88 , 722 . 00 Service Area : 6 Zone District : R-1-B/UGM 5 . 30 Gross Ac @ $1, 324 . 00/Ac = $7, 017 . 20 Total Estimated Amount $110, 088 . 48; 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 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 . -2- s ' 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 . -3- • 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: 47 Z I9 f 7 T Accepted by: COVENANTOR CITY OF FRESNO Matott-Tahajian Properties a Municipal Corporation a n al Partnership By --Xil � eorge . Kerber, Director Development Department By ATTEST: By JACQUELINE L. RYLE Cit Clerk By Deputy APPROVED AS TO FORM: HARVEY WLLACE City Att ney By Deputy (Attach Notary Acknowledgement ) MIW:mv 1291d/288 -4- i LEGAL DESCRIPTION PARCEL 1 : Lots 1210 and 1211 in Bullard Lands Irrigated Subdivision No. 8, according to the reap thereof recorded May 19 , 1919 in Volume 8, Page 46 of Plaits , Fresno County Records ; Excepting, therefrom an undivided one-half interest in and to all oil , gas and other hydrocarbon substances within, or underlying said land, or that may be produced and saved therefrom, as reserved by George W. Huffman and Evelyn II. Gromarty and Sally Hall, in instrument recorded August 7 , 1959 as Document No. 54879 in Volume 4257 , Page 504 of Official Records of Fresno County PARCEL 2 : Lots 1212 , 1213 , 12460 1247 , 1252 , 1253 , 1254, and 1255 in' Bullard Lands Irrigated Subdivision No. 8 , according to the Map thereof recorded May 19 , 1919 in Volume 8, Page 46 of Plats Fresno County Records ; Together with those portion of road rights of way lying; between the South line of Lots 1246 and 1247 and the North line of 1252 and 1253 together with that portion South of and adjacent to the North line of Lots 1254 and 1255 as abandoned by Order of Abandonment recorded October 22 , 1958 as Document No. 74785 in Volume 3835 Pane 453 of. Official Records of Fresno County and which would pass by operation of law. Exceptin,g therefrom the South 130 feet of the West 165 feet of Lot 12 55. Also Excepting therefrom the South 130 feet of the East 10 feet of the West 175 feet of Lor_ 1255. Also Excepting therefrom an undivided one-half of all the minerals , gas , oils , petroleum, naphtha, and other hydrocarbon substances in, on, or un(ier said Parcels , as resorbed in the deed from Security First National Bank of Los Angeles , a National Banking Association, to W.E. Roberts and Clarice Roberts his wife as joint tenants , dated November 15, 1940, filed for record December 19 , 1940 as Document No. 37544 of Official Records of Fresno County. PARCEL 3 : Lots 1244 and 1.245 of Bullard Lands Irrigated Subdivision No. 8 , according, to the map thereof recorded May 19 , 1919 in Volume 8 , Page 46 of Plaits , Fresno County Records ; Together with the North 30 feet of abandoned road rights lying North of and adjacent to the South line of Lots 1244 and 1245 and extending between the Southerly prolongation of the West line of Lots 1244 and the bast .line of Lots 1245 , as shown on the map of Bullard Lands Irrigated Subdivision No. 8, according, to the map thereof recorded in Volume 8, Page 46 of Plats , Fresno County Records. A Certified copy of an Order. of Abandonment was recorded October 22, 1956 as Document No. 74785 in Book 31335 , Pape 453 of Official Records of Fresno County. STATE OF CALIFORNIA ) ) COUNTY OF FRESNO ) On this --------��---------- day of September , in the year 1981 , before me , Yolanda H . Callahan , a Notary Public , State of California , duly licensed and sworn , personally appeared John M a t o t t and Gerald Lee Tahajian , personally known to me ( or proved to me on the basis of satisfactory evidence ) to be the person that executed this instrument , on behalf of the partnership and acknowledged to me that the partnership executed it . IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal , in Fresno , County of Fresno , on the date set forth above in this Certificate i OFFICIAL SEAL * --- ---� — — --------------- YOLANDA H. CALLAHAN tars Public , St to of Cal i forni a NOTARY PUBLIC—CALIFORNIA *� PRINCIPAL OFFICE IN i « FRESNO COUNTY * My Commission Expires January 27, 1989 *