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HomeMy WebLinkAboutT-3899 - Agreement/Covenant - 6/27/2006 (3) y, a ` giSO1S089 RECORDED AT REQUEST OF PLEASE CONFORM FIRST AMERICAN INSURANCE COMPANY ....._.MIN. P ...:M FEB 17 1989 FRESNO COUNTY.GALIFORNIA GALEN LARSON.County Recorder FEE -------------------SPACE ABOVE FM CKEhL[7MSRU E------------------- P.W. File No. 8780 Development Department UGM No. 285 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK AND FIRE STATION FEES AND CREATION OF LIEN Tract No. 3899 "Chesapeake Circle" Phase II of Tentative Tract No. 3879 RECITALS WHEREAS, Grupe Development Compnay-Northern California, 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. 3899, consisting of Thirty Three (33) 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 Sixteen Thousand Four Hundred Ten and 24/100, Dollars ($16 , 410. 24 ) for the following: UGM Fire Station Fee Service Area No. 21 Zone District: R-1-C/UGM 12. 32 Gross Ac @ $610. 00/Ac = $7, 515 . 20 UGM Neighborhood Park Fee Service Area No. 1 Zone District: R-1-C/UGM 12 . 32 Gross Ac @ $722 . 00/Ac = $8 , 895 .04 Total Estimated Amount $16 , 410 . 24 ; 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 . 3 . Covenantor hereby waives any and all rights he may have pursuant to Government Code Section 65961 . -2- 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 . The provisions of this Statement shall be deemed independent and 55 severable and the invalidity or partial invalidity ori unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any one provisions hereof . -3- �tr, 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: Accepted by: COVENANTOR CITY OF FRESNO GRUPE DEVELOPMENT COMPANY-NORTHERN a Municipal Corporation CALIFORNIA. a California Corporation By a- __FC GeorgeA. Kerber, Director Development Department Richard C. Strong, Director of ' Development APPROVED AS TO FORM: (Attach Notary Acknowledgement) 1 HARVEY WALLACE City tt ney _ Deputy LR:my STATE OF CALIFORNIA I FRESNO Iss. 7838d/434 COUNTY OF I m 1988 On DECEMBER 23, ,before me,the undersigned,a Notary Public in and for A said State,personally appeared RICHARD c. STRONG Xgjdc U m personally known to me(or proved to me on the E a c basis of satisfactory evidence)to be the persons who executed the within instrument asiRECTOR OF LLEC1 LL E DEVELOPMENT )A?6U*44r Xxockixfx.on behalf of rziRupy ou DEVELOPMENT COMPANY—NORTHERN CALIF. d A r o the corporation therein named,and acknowledged to me that n ^ OFFICIAL SEAL o a such corporation executed the within instrument pursuantto its CATHY A. GRAY U (l I by-laws or a resolution of its board of directors. t� ( NOTARY P(JBLIC-CALIFORNIA `K PRINCIPAL OFFICE IN ` m WITNESS my hand and official seal. FRESNO COUNTY ` <? {� ;dy Commission Expires July 5. 1991 N J ovi Signature ?'_C (This area for official notarial seal) -4- STATE OF CALIFORNIA ) ss . COUNTY OF FRESNO ) On this day f ���F�u-e�Y� in the year rgg� before m ID personally appeared �e- , personally known to me (or proved to me on Vhe 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. JACQUELINE L. RYLE CMC Cit Clerk By - _ Depirty LR:mv 7838d/434 S VO -5- EXHIBIT A The real property referred to in these covenants is situated in the County of Fresno, state of California, and is described as follows : Outlot C of Tract No. 3879, according to the map thereof recorded in Book 46 Pages 62 through 65 , inclusive, of Plats, Fresno County Records. EXCEPTING THEREFROM all oil , gas and other hydrocarbons , all other minerals of whatever kind of character, and all salt water which is in, under or may be produced from said real property, without the right to enter the surface or in or through the upper five hundred (500) feet of the subsurface, all as more particularly set forth in that certain deed recorded January 29, 1988, as Document No. 88010295 and recorded December 15, 1988 , as Document No. 88139212 records of said County, reference hereby being made to the record thereof for full particulars . LR:mv 7838d/434