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Home My WebLink AboutT-3887 - Agreement/Covenant - 6/22/2006 (3) RECORDED AT REQUEST OF MMMCO Tide Int, Ci k 8'72099'62 ATMIN PAST N, ~ �� .Z_ ,i:cX l SEP 0 41987 Y FRESNO COUNTY.CALIFORNIA GALEN LARSON.County Recorder FEE BY DEPUTY RECORDER -------------------SPACE ABOVE FOR RECORDER ' S USE------------------- P.W. File No. 8518 Development Department UGM No. 275 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK FEES AND CREATION OF LIEN Tract No. 3887 RECITALS WHEREAS, Heritage Companies 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 i more particularly described in attached Exhibit "A" , said property being further subdivided by the final map of Tract No. 3887 , consisting of One Hundred Twenty-Three (123 ) lots and one (1) outlot; and WHEREAS, the Subject Property is subject to UGM Park fees pursuant to Section 12-4 . 509 of the Fresno Municipal Code in the estimated amount of Eighteen Thousand Eight Hundred Forty-Four and 58/100 ($18 , 844 . 58 ) for the following: UGM Neighborhood Park Fee Service Area No . 1 Zone District : R-1/UGM 19 . 19 Gross Ac @ $982 . 00/Ac = $18 , 844 . 58 Less $798 . 92 paid for Lots 3 , 4 , 5 and 6 with the Subdivision Agreement for Tract 3887 Total Estimated Amount Deferred $18 , 045 . 66 ; 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 r 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 . -2- i 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 t 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 . -3- 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: 26, -/ Accepted by: COVENANTOR r' CITY OF FRESNO HERITAGE CO PANIES GINCA. , / a Municipal Corporation a alifor{lia co orat; � �y 11 l By � -- �C• B George6A. Kerber , Director Development Department By ATTEST: JACQUELINE L. RYLE City Clerk d- ByL '�� 21.czz '—. Deputy APPROVED AS TO FORM: HARVEY LLACE City At orne By --- /Attach Nntary Acknowledgement ) a ® SAFECE) 4b STATE OF CALIFORNIA ) TITLE INSURANCE e COUNTY OF Fresno ))S.S. 8 On this the 13th day of Aucfusttg 87 before me, 4 the undersigned, a Notary Public in and for said County and State, Personally appeared Donald S. Pitarre FOR NOTARY SEAL OR STAMP tO personally 0) known to me or proved to me on the basis of satisfactory evidence to be the President,and Kevin J. CastanOs a1n personally known to me or proved to me on the basis of satisfactory evidence to be Vt U Vice President of the corporation that executed the within Z instrument on behalf of the corporation therein named, and acknow- ledged to me that such corporation executed the within instrumentir 05 pursuant to its by-laws or a resolution of its board of directors. ,: ;.,,r.•.;,;•,n c_•J' '"''"' OI -- --�• w Signature i U. i EXHIBIT "A" . PARCEL 1 : Parcel 1 of Parcel Map No. 1092 , according to the map thereof recorded in Book 6 Page 24 of Parcel Maps , Fresno County Records , being a portion of Lots 39 and 40 of Perrin Colony No. 2 , according to the amended map thereof recorded in Book 4 Page 68 of Plats , Fresno County Records . PARCEL 2 : Parcel 2 of Parcel Map No. 1092 , according to the map thereof recorded in Book 6 Page 24 of Parcel Maps , Fresno County Records , being a portion of Lots 39 and 40 of Perrin Colony No . 2 , according to the amended map thereof recorded in Book 4 Page 68 of Plats , Fresno County Records . PARCEL 3 : The South 264 feet of that portion of Lot 38 of Perrin Colony No. 2 , according to the amended map thereof recorded in Book 4 Page 68 of Plats , Fresno County Records , which lies within the boundaries of the East 15 acres of the South half of the Northeast quarter of the Northwest quarter of Section 26 , Township 12 South, Range 20 East , Mount Diablo Base and Meridian. MW: sn 9968g/254