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HomeMy WebLinkAboutT-3912 - Agreement/Covenant - 6/22/2006 (2) r v SAFECO We 16i, tai,' • RECORDED IN OFFICIAL RECORDS OF FRESNO CAUFORNI A ..�... _MIN. NJ CAL AUG 11 198 87098253 GALEN LARSON, County Recorder S A�� -------------------SPACE ABOVE FOR RECORDER ' S USE------------------- P.W. File No. 8539 Development Department UGM No. 282 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK FEES AND CREATION OF LIEN Tract No. 3912 RECITALS WHEREAS, WEST BULLARD COURT ASSOCIATES, a California General Partnership, 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. 3912, consisting of one hundred sixty two (162 ) lots; 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 Thirty-One Thousand Nine Hundred Forty-Four and 46/100 Dollars ($31 , 944 . 46) for the following: UGM Neighborhood Park Fee Service Area No . 1 Zone District : R-1/UGM 32 . 53 Gross Ac @ $982 .00/Ac = $31, 944 . 46 Total Estimated Amount $31, 944 .46: 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 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- a• • 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 . 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 . -3- • DATED: _ Accepted by: COVENANTOR CITY OF FRESNO WEST BULLARD COURT ASSOCIATES . a Municipal Corporationl/ a California General Partnership By George A. Kerber, Director By Development Department Myr�h N. Bay ss rJ ATTEST: JACQUELINE L. RYLE By i City Clerkr a Ric rd JJ Longhead, Jr . B Y Deputy APPROVED AS TO FORM: HARVEY WALLACE Cityme B . Y Deputy (Attach Notary Acknowledgement) (BSAFEC0 TITLE INSURANCE d CL STATE OF CALIFORNIA l rn 1} COUNTY OF Fresno SS. On this the 14th day of July 19 87 ,before me,the undersigned,a Notary Public in and for CL said State,personally appeared Richard J. Louahead Jr. , and Myron N. Bayless r N personally known to me or proved to - me on the basis of satisfactory evidence to be the person S who 2 x executed the within instrument as ALL FOR NOTARY SEAL OR STAMP of partners of the partnership that executed the within instrument,and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. Signature -4- tt DESCRIPTION PARCEL 1: That portion of the Northwest quarter of the Northwest quarter of Section 36, Township 12 South, Range 20 East, Mount Diablo Base and Meridian, according to the Official Plat thereof, described as follows: Beginning at the Southwest corner of said Northwest quarter of the Northwest quarter of said Section; thence North along the West line of said Section, 489.57 feet to a point distant 835.97 feet along said line from the Northwest corner of said Section; thence North 89° 51' East 1318.02 feet to a point in the East line of said Northwest quarter of the Northwest quarter distant 836.95 feet along said East line from the North line of said Section; thence South along said East line 490.17 feet to the Southeast corner of said Northwest quarter of the Northwest quarter; thence West along the South line of said Northwest quarter of the Northwest quarter, 1318.15 feet to the point of beginning; EXCEPTING therefrom all interest in oil, gas and other minerals as reserved in the Deed from J. A. Reiss, et ux, recorded June 14, 1939, as Document No. 19203 in Book 1762 Page 376 of Official Records. PARCEL 2: The Southwest quarter of the Northwest quarter of Section 36, Township 12 South, Range 20 East, Mount Diablo Base and Meridian, according to the Official Plat thereof. EXCEPTING therefrom the South 740 feet of the West 973.50 feet thereof.