HomeMy WebLinkAboutT-3903 - Agreement/Covenant - 6/23/2006 (2) M OAD14 AT UQUUT Of,
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......MIN. P ..M
PLEASE CONN A DEC 101987._
FREIVO COUNTY."..rUKNIA
GALEN LARSON,County Recorder
FEE
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BY DEPUTY RECORDER
-------------------SPACE ABOVE FOR RECORDER' S USE------------------
P.W. File No. 8517 Development Department
UGM No. 279 City of Fresno
STATEMENT OF COVENANTS
FOR UGM PARK. FIRE STATION AND TRUNK SEWER FEES ''
AND CREATION OF LIEN
Tract No. 3903
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RECITALS
WHEREAS, Land Dynamics, a California Corporation, hereinafter
referred to as "the Covenantor, " is the owner of that certain real
>x.
property in the City of Fresno, County of Fresno, State of r=h.
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. 3903 ,
consisting of sixty-seven (67) 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 Forty-One Thousand Four Hundred Eighty-Three
and 07/100 Dollars ($41,483 .07) for the following:
UGM Fire Station Fee
Service Area No. 14
Zone District : R-1/UGM
14 . 48 Gross Ac @ $547 .00/Ac = $7, 920. 56
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UGM Neighborhood Park Fee
Service Area No. 5
Zone District : R-1/UGM
14 . 48 Gross Ac @ $1, 942. 00/Ac = $28 , 120. 16
UGM Trunk Sewer Fee
Service Area : Cornelia
Zone District : R-1/UGM
12.23 Gross Ac @ $445 .00/Ac = $5. 442 . 35
Total Estimated Amount $41, 483 .07; and
WHEREAS, Covenantor desires to have a Final Tract Map ' `
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subdividing the Subject Property approved by the City of Fresno; and £ �u
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WHEREAS, Covenantor desires to defer payment of the UGM Park andy �` .
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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 .
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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
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: .2� I9gT y
Accepted by: COVENANTOR
CITY OF FRESNO LAND DYNAMICS , a California
a Municipal Corporation Corporation
By
George A. Kerber. Director By 7•, - ��'''��%.� (ter% �`
Development Department %, John- Bonadelle, President `
ATTEST:
JACQUELINE L. RYLE $
CitynCle ,k
JC1
By `f
Deputy
APPROVED AS TO FORM:
HARVEY W LLA
City Att rn
ax
By z
Dep ty (Attach Notary Acknowledgement) a
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CORPORATE ACKNOWLEDGMENT
NO.202
State of California On this the 6 day of November 19_$7,before me, Z
SS.
County of Fresno Anna M. Renna
the undersigned Notary Public, personally appeared
John Bonadelle
` OFFICIAL SEAL
04_1ANNA M. RcNNA X3 personally known to me
1L;i�
NOTARY PUBLIC-CALIFORNIA ❑ proved to me on the basis of satisfactory evidence
NOTARY BOND FILED IN to be the person(s)who executed the within instrument as
FRESNO COUNTY President
My Commission ExpirFs August 30. 1991 or on behalf of the corporation therein
named,and acknowledged to me that the corporation executed it.
2
WITNrl myhand and f 'cial sea
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Nota "signature
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EXHIBIT 'A'
LEGAL DESCRIPTION:
THAT PORTION OF LOTS 752, 753, 764 AND 765 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 A POINT ON THE NORTH LINE OF LOT 752, SAID POINT
BEING 426 .25 FEET WEST OF THE NORTHEAST CORNER OF LOT 751 OF
SAID BULLARD LANDS IRRIGATED SUBDIVISION NO. 6, THENCE SOUTH
89* 58 ' WEST ALONG THE NORTH LINE OF SAID LOTS 752 AND 753 , A
DISTANCE OF 419 . 25 FEET; THENCE SOUTH 00 38-1/2 ' WEST PARALLEL
WITH THE EAST LINE OF LOTS 751 AND 766 OF SAID BULLARD LANDS
IRRIGATED SUBDIVISION NO. 6 , TO THE INTERSECTION WITH THE SOUTH
LINE OF SAID LOT 764; THENCE NORTH 860 46 ' EAST ALONG THE SOUTH
LINE OF SAID LOTS 764 AND 765 TO A POINT WHICH IS 426 . 25 FEET
WEST OF THE SOUTHERLY PRODUCTION OF THE EAST LINE OF SAID LOTS
751 AND 766 ; THENCE NORTH 00 38 1/2 ' EAST, PARALLEL WITH AND
426 .25 FEET WEST OF THE EAST LINE OF SAID LOTS 751 AND 766 TO
THE POINT OF BEGINNING.
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