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HomeMy WebLinkAboutT-3888 - Agreement/Covenant - 6/22/2006 (2) RECORDED AT REOUEST OF f RAFFM TftJeJnjL 4 " AT 1 N PAST 1� AUG 0 51987 PLEASE CONFORM FRESNO COUNTY.CALIFORNIA V I`�T v GALEN LARSON,County Recorder � FEE r BY DEPUTY RECORDER ----- •----SPACE ABOVE FOR RECORDER' S USE------------------- P.W. Pile No. 8514 Development Department UGM No. 199 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK, FIRE STATION AND TRUNK SEWER FEES AND CREATION OF LIEN Tract No . 3888 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. 3888 , consisting of Fifty-Nine (59) 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 Thirty-Eight Thousand Five Hundred Fifty-Seven and 26/100 Dollars ($38 , 557 . 26) for the following: UGM Fire Station Fee Zone District : R-1/UGM Lots 5-30: Service Area No. 2 6 . 11 Gross Ac @ $278 .00/Ac = $1, 698 . 58 ■ Lots 1-4 , 31-59 : Service Area No. 14 8 . 44 Gross Ac @ $547 .00/Ac = 4 , 616 . 68 UGM Neighborhood Park Fee Service Area No. 6 Zone District : R-1/UGM 14 . 55 Gross Ac @ $1, 800 . 00/Ac = $26, 190.00 UGM Trunk Sewer Fee Service Area : Cornelia Zone District : R-1/UGM 13 . 60 Gross Ac @ $445 .00/Ac = $6 ,052 . 00 Total Estimated Amount $38 , 557 . 26; 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 . -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. -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: 1/ v0 y Ze ` �Vl? Accepted by: COVENANTOR CITY OF FRESNO KESTERN DEVELOPMENT CO. , INC. a Municipal Corporation , Q , a C/a ifornia Cor orat• on Y Y B / / / B I . ✓ George . Kerber, Director Joff Kesterson, President Development Department ATTEST: JACQUELINE L. RYLE City Clerk `3 By (rz t✓vz C L'�t.L/�� Deputy APPROVED AS TO FORM: HARVEY WALLACX,. City A torn y BY 1 i� Dep ty (Attach Notary Acknowledgement) STATE OF CALIFORNIA ss. I COUNTY OF Fresno I On this 17th day of July in the year 19$-7 before me, the undersigned, a Notary Public in and for said State, personally appeared John Kesterson it and ?� n personally known to me v i.,:`.:•::.: Jr INIS J. M'I'As"ice �°: t� (or proved to me on the basis of satisfactory evidence)to be the persons who executed the NOTARY PU^LIC-C'-.I-IFORNIA� within instrument as PresidentvRdC ;oKMt'dC ;F•i PRINCIPAL Or'- IN �• a; FRESNO COUI4TY E.1 respectively,of the Corporation therein named, and acknowledged to me that the Corporation r• Fv1Y COIIMIS910N E1IPIRES AUG. ], 08i3 (� executed it pursuant to its by laws or a resolution of its board of directors. .�•i{i.. .u...a..r,.+^r.....1t.arr sail.:il.�V K..a..�:.•.�..�...^4� WITNESS my hand and offici seal. J� ACKNOWLEDGMENT—Corp.—Pres.&Sec.—Wolcmus Form 222CA—Rev. 11-89 ©1989WOLCOTTS.INC. (price class 82) Notary Public in and for said State. EXHIBIT A LEGAL DISCRIPTION That portion of Lots 605 to 608 , inclusive, and Lots 631 to 634 , inclusive of BULLARD LANDS IRRIGATED SUBDIVISION NO. 6 , recorded in Volume 8, pages 25 and 26 of Plats , Fresno County Records , described as follows : BEGINNING at the Northwest corner of said Lot 608; thence North 89°54 ' 00" East, along the North line of said Lots 608 , 607 , 606 and 605, a distance of 987 . 95 feet to the Westerly boundary of FOXBORO, Tract No. 3684 , recorded in Volume 44 , pages 6 and 7 of Plats, Fresno County Records; thence South 0°06 ' 32" East, along said Westerly boundary, a distance of 237 . 11 feet; thence South 89054100" West, along said Westerly boundary , a distance of 12. 95 feet; thence South 0106 ' 32" East, along said Westerly boundary, a distance of 275 . 07 feet; thence North 89110120" West, along said Westerly boundary , a distance of 2 . 36 feet ; thence South 0004 ' 42" East, along said Westerly boundary, a distance of 162 . 45 feet; thence South 89°55 ' 44" West, along said Westerly boundary, a distance of 348 . 65 feet to the inter- section with a curve, concave to the Northeast, whose radius point bears North 66034 ' 18" East; thence Northwesterly along said curve, said curve also being said Westerly boundary, • having a radius of 255. 00 feet, through a central angle of 6129 ' 51" , an arc distance of 28. 92 feet; thence South 73004 ' 09" West, along said Westerly boundary, a distance of 50 . 00 feet to the intersection with a curve, whose radius point bears North 73004 ' 09" East; thence Northwesterly along said curve , having a radius of 309. 96 feet, through a central angle of 14058 '.53" , an arc distance of 81 . 04 feet; thence South 89054 ' 00" West, a distance of 424. 34 feet; thence North 89029 ' 46" West, a distance of 135 . 00 feet to the West line of said Lot 608 ; thence North 0130 ' 14" East, along the West line of said Lot 608, a distance of 680. 62 feet to the Point of Beginning.