The URL can be used to link to this page

Home My WebLink AboutT-3913 - Agreement/Covenant - 6/22/2006 (3) 87250230 RECORDED AT REQUEST OF C TRAL TME COMPANY AT .........MtN. PA;;. .. : ..M DEC 151987 FRESNO COUN; GALEN LARSON,County Recorder &&*. MA.V� BY DEPUTY RECORDER -------------------SPACE ABOVE FOR RECORDER ' S USE------------------- P.W. File No. 8572 Development Department UGM No. 288 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK FEES AND CREATION OF LIEN, Tract No. 3913 RECITALS WHEREAS, Cedar View Estates III , a California Limited 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 . 3913, consisting of fifty five (55 ) lots (plus one outlot) ; 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 Twenty Three Thousand One Hundred Thirty Eight and 22/100 Dollars ($23 , 138 . 22 ) for the following : UGM Neighborhood Park Fee Service Area No . 7 Zone District : R-1-UGM 18 . 57 Gross Ac @ $1, 246 . 00/Ac = $23 . 138/22 Total Estimated Amount $23 , 138 . 22 ; and T WHEREAS, Covenantor desires to have a Final Tract Map No . 3913 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 . The Covenantor hereby creates a lien upon the Subject Property to guarantee the performance of the obligations of the Covenantor contained in this Statement . -2- 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 other provisions hereof . -3- T 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: /,?7 Accepted by: COVENANTOR CITY OF FRESNO a Municipal Corporation Ceda V w Estates III , a Cal ' or L Limite Partnership By George A. Kerber, Director By C ,2'„'.� = Development Department BY 1 ATTEST: JACQUELINE L. RYLE City Clerk By Deputy APPROVED AS TO FORM: HARVE WALLAC City tory By r D puty (Attach Notary Acknowledgement ) LR:dk 2250d : 308 GL 0016/ Revised 10/13/87 -4- a Y .� STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss . On 74, /-fes ' 19 � before me , the undersigned , a Notary Public in apd for/ said State , personally appeared —, personally know to me to be the '��=��,�;;��— of the corporation that executed the within instrument on behalf of said corporation , said corporation being personally know to me to be general partner of �,;'rrl�r � % _, the partnership that executed the within instrument , and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same . • +�,�-'��'.�'♦-.►A-L.�.1,,,.�.�_lLJ A ..moi.'__LZ�} �� ''+:'►. OFFICIAL SEAL �► JO/V14 CYCOIN) j0e NOTARYNOTA,RY PUBLIC-GALIFORNIA'r BOND UILED INQ_ rFRESNO COUNTY �' MY Commission Expires rvlarch 15. ic!_? The land referred to in this Report is situated in the State of California , County of Fresno, and is described as follows : The North 582 . 00 feet of Lot 21 of Perrin Colony No . 2 , in the City of Fresno, County of Fresno, State of California , according to the amended map thereof recorded in Volume 4 of Plats at Page 68 , Fresno County Records; Excepting therefrom the East 30 feet of the North 72 feet of Lot 21 , as granted to the City of Fresno, a Municipal Corporation, by deed recorded May 20, 1987 as Document No. 87061565 . For the purpose of this description the North line of said Lot 21 is taken to be parallel with and 30 . 00 feet South of the North line of the Southeast quarter of Section 26 , Township 12 South , Range 20 East , Mount Diablo Base and Meridian. EXHIBIT "A"