HomeMy WebLinkAboutT-3899 - Agreement/Covenant - 6/27/2006 (3) y,
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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 .
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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 .
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�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
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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)
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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
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7838d/434
S
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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 .
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7838d/434