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Home My WebLink AboutT-3919 - Agreement/Covenant - 6/26/2006 (2) RECORDED AT REQUEST Of, . CHICA_ LE 2E� 88141685 dp� .... .MIN. PAS'-. .M c cw cr-- � 5� DEC 21 1988 FRESNO COUNTY.CALIFORNIA GALEN LARSON,County Recorder PLEASE C�t"�r FEE (� a BY DEPUTY RECORDER -------------------SPACE ABOVE FOR RECORDER ' S USE------------------- P.W. File No. 8594 Development Department UGM No. 293 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK AND FIRE STATION FEES AND CREATION OF LIEN Tract No. 3919 RECITALS WHEREAS, The Presley Companies, a 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 r more particularly described in attached Exhibit "A" , said property r being further subdivided by the final map of Tract No. 3919 , consisting of Ninety Six (96) 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 Thirty Two Thousand Three Hundred Twenty Two and 32/100 Dollars ($32, 322 . 32) for the following: UGM Fire Station Fee Service Area No. 16 Zone District: R-1/UGM 14 . 56 Gross Ac @ $1, 242 . 00/Ac = $18 , 083 . 52 UGM Neighborhood Park Fee Service Area No. 4 Zone District : R-1/UGM 14 . 56 Gross Ac @ $980.00/Ac = $14 , 268 . 80 Total Estimated Amount $32, 322 . 32 ; 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- v 1 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 transferable 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- 1 •,STATE OF CALIFORNIA I )ss. COUNTY OF OQ_ "6RIf d � On - before me,the undersigned,a Notary Public in and for said State,personally appeared' � lAh�p� ' and personally known to me(or proved to me on the a basis of satisfactory evidence)to be the persons who executed the within instrument aCLs c_ E 'S'C. Utca_ President anA'.1a prp*1111 Secretary,on behalf of ° U d NQS v U 13 ,D the corporation therein named,and acknowledged to me that n � U such corporation executed the within instrument pursuant to its OFFICIAL SEAL by-laws or a resolution of its board of directors. PAMELA RUTH FRISBIE NOTARY PUKM CVAWW co WITNESS my hand and official seal. �� ORANGE COLOn tD Mf Coma.&Pkn Apf 06 N! N 1 Signature .ty (this area for official notarial seal) _ .......... ... ............. :t ................... ........................... ........................ .......................... ':1:: _ ... : ::i: !: ... 7 "t:: ^.! ......... f .. .........r t1•: ::5•: ............. X15 % .J T'.'f. 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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:' 46a4 I4Gr/ 15l9leF, 19 Accepted by: COVENANTOR CITY OF FRESNO THE PRESLEY COMPANIES, a Municipal Corporation a Corporation By a- George (/A. Kerber, Director By •��P• Development Department By APPROVED AS TO FORM: HARVEY WALLACE City Attorney Deputy (Attach Notary Acknowledgement) ,. STATE OF CALIFORNIA ) ) ss . COUNTY OF FRESNO ) S-:Z& On th- day of in the year , v before me , personally appeared , personally known to (o ' proved to me on the basis of satisfactory evidence) to be the pers o executed this instrument as Director of the Development Department and acknowledged to me that the City of Fresno executed it . JACQUELINE L. RYLE, CMC City Clerk - ` By Deputy Da t ed : 't3h�t� /5_ i3 LR:mv 7117d/412 -4- i Exhibit "A" The land referred to in these Covenants are situated in the State of California, County of Fresno, and are described as follows : Those portions of Lots 28 and 29 of Winterton Tract, according to the map thereof recorded in Book 3 , Page 21 of Record of Surveys, Fresno County Records , being more particularly described as follows: Beginning at the Northwest corner of the East 270 feet of the West half of said Lot 29; thence South 000 10 ' 38" West, along the West line of the East 270 feet of the West half of said Lot 29, a distance of 1 , 292 .01 feet to the Southwest corner of the East 270 feet of the West half of said Lot 29; thence North 890 48 ' 38" East, along the South line of said 29 , a distance of 270. 14 feet to the Southeast corner of the West half of said Lot 29; thence North 000 10 ' 16" . East, along the East line of the West half of said Lot 29 , a distance of 430. 64 feet to the Southwest corner of the North 2/3 of the East half of said Lot 29 ; thence North 890 49 ' 031, East, along the South line of the North 2/3 of the East half of said Lot 29 , and along the South line of the North 2/3 of said Lot 28, a distance of 407 . 54 feet ; thence North 000 14 ' 17" East, parallel with the East line of said Lot 28 , a distance of 630.00 feet; thence South 890 491 5211 West, parallel with the North line of said Lots 28 and 29 , a distance of 330. 30 feet; thence North 000 10 ' 38" East, parallel with the West line of the East 270 feet of the West half of said Lot 29 , a distance of 231 . 18 feet to the North line of said Lot 29 ; thence South 890 49 ' 52" West, along the North line of said Lot 29 , a distance of 348 .00 feet to the point of beginning. LR:mv 7117d/412 -5-