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HomeMy WebLinkAboutT-3885 - Agreement/Covenant - 6/21/2006 (2) RECORDED AT REQUEST OF . vE,C4 Tide AT LMIN PAS 87088998 JUL 2 0198 �fj�+ rp�p�g� FRESNO COUNTY.CALIFORNIA PLEASE .0 4 i�OiS M GALEN LARSON,County Recorder FEE A&X;4"C-V&, r E BY DEPUTY RECORDER -------------------SPACE ABOVE FOR RECORDER' S USE------------------- P.W. File No. 3885 Development Department UGM No . 189 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK , FIRE STATION AND TRUNK SEWER FEES AND CREATION OF LIEN Tract No . 3885 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. 3885, consisting of NINETY-NINE (99) lots ; and WHEREAS , the Subject Property is subject to UGM Park and 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 FOUR HUNDRED TWENTY DOLLARS AND ONE CENT ( $53 , 420 .01) for the following : UGM Fire Station Fee Service Area No. 16 Zone District : R-1/UGM - 20.03 Gross Ac @ $1 ,242 .00/Ac = $24, 877. 26 UGM Neighborhood Park Fee Service Area No. 4 Zone District : R-1/UGM 20. 03 Gross Ac ® $980 .00/Ac = $199629 .40 UGM Trunk Sewer Fee Service Area : Cornelia Zone District : R-1/UGM 20 ,03 Gross Ac @ $445.00/Ac = $8 , 913 .35 Total Estimated Amount $53, 420. 01 ; 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 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 and 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 . 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 . -2- 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 . 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: g. / ez Accepted by : COVENANTOR CITY OF FRESNO KESTERSON DEVELOPMENT CO. , INC . , a Municipal Corporation A California Corporation ByGeorge(/A. Kerber, Director Development Department By J hn Kesterson , President ATTEST: JACQUELINE L . RYLE City Clerk By t Deputy A/tnPPPVR^)1y(r O'�VED AS TO FORM: ,�,� 1 T IST 1-11 kLLAC Aet!R ' ty AVrne By 0il De ut (Attach Notary Acknowledgement) GA: jh 987Og/254 STATE OF CALIFORNIA ss. COUNTY OF_ Fr,-,;nn i f g { On this 24th day of June in the year 10-L—, jl before me, the undersigned, a Notary Public in and for said State, personally appeared John Kesterson _ and _ t++ a�a personally known to me v/'tY VIS J. V r ,.i�r� (or proved to me on the basis of satisfactory evidence)to be the persons who executed the n cS• "r NOTARY PUELIC-C.',LIFORNIAI PRINCIPAL o ti within instrument as President)axdc c:e ►IV 01 $acwtxy' ! FRESNO cc.UI,TY ; respectively,of the Corporation therein named,and acknowledged to me that the Corporation [` MY COMM±841ON EXPiREB AUG. I. oJ8 "• executed it pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and cial seal. ACKNOWLEDGMENT—Corp.—Pres.8 Sec.—WOICOIIS Form 222CA—Rev. 11-83 '- 4DI993WOLCOTTS,INC. (pnceclass 8-2) 1Votary Plrbi' in and for said State.