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Home My WebLink AboutT-3940 - Agreement/Covenant - 6/26/2006 (2) 1t , h13 'J�T 88081302 ;27--MIN. P ,,,M PLEASE CONFORM JUL 281988 FRBSMO COUNTY.CALIFORM1A GALEN LARSON�,COuntyr Re(*rder IFEE/ BY DEPUTY RECORDER -------------------SPACE ABOVE FOR RECORDER' S USE------------------- P.W. File No. 8576 Development Department UGM No. 226 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK, FIRE STATION AND TRUNK SEWER FEES AND CREATION OF LIEN Tract No. 3940 Phase II of Tentative Tract No. 3748 RECITALS WHEREAS, Dividend Development Corporation, 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 as Outlot "B" of Tract No 3748, according to the map thereof recorded in Volume 45 . Pages 6-8 of Plats, in the Office of the Fresno County Recorder, said property being further subdivided by the final map of Tract No. 3940, consisting of sixty (60) lots and three ( 3 ) outlots; and WHEREAS, the Subject Property is subject to UGM Park, 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 Seventy-Two Thousand Two Hundred Eighteen and 74/100 ($72, 218 . 74 ) for the following: UGM Fire Station Fee Service Area No . 15 Zone District : R-1/UGM 14 . 18 Gross Ac @ $605 . 00/Ac = $8 , 578 . 90 'nf UGM Neighborhood Park Fee Service Area No. 2 Zone District : R-1/UGM 14 . 18 Gross Ac @ $688 .00/Ac = $9 ,755 . 84 UGM Trunk Sewer Fee ( Interim) Service Area : Fowler Zone District : R-1/UGM 14 . 18 Gross Ac @ $3 , 800 .00/Ac = $53 , 884 . 00 Total Estimated Amount $72 , 218 . 74 ; 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, 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 RESTRFCTIOPTS 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, 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 . 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- .i 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 other provisions hereof . Whenever the context of the Statement so requires, in -3- W r` interpreting this Statement, any gender includes the other genders , the singular includes the plural , and the plural includes the singular. DATED: 3 U U Accepted by: COVENANTOR CITY OF FRESNO DIVIDEND DEVELOPMENT CORPORATION, a Municipal Corporation a California Corporation By George(/A. Kerber, Director By� Development Department ATTEST:, By JACQUELINE L. , RYLE City Clerk y� By i Deputy APPROVED AS TO FORM: HARVEY WALLACE City Attorney By Deputy (Attach Notary Acknowledgement) GSA:mv 4043d/354 -4- _.......................... ..... .... __.... . . ._ .__._.. . . . ..... ........... .............................................................................................................................................................................................................................................................. .................................................................................................. .......................................................................................................................................................... __. _ .. .._ _ .._ _ .. . . .. .. ........ ._ ..... .. ..................................,.............................. _.... ... .. ._ .. _............... ...___ ._ _.. ...._ _..........._...__ . _. . ..................... ....................._.................... State of On this theSTday of r .A 198-8,before me, '+ County of L)Q n+g SS. ka- Mo rilk- Rood the undersigned Notary Public,personally appeared 0 -EL-Ml � personally known t me , Zkpl roved to me on the basis of satisfactory evidence OFFICIAL SEAL to b he per9�s)�wo executed the within instrument as o ANNA MARIA FI.CODY �S1 1�R or on behalf of the corporation therein NOTARY PUBLIC -CALIFO!?vIA named,and acknowledged to me that the corporation executed it. ,& ,,ANNA Los APIC,Lcs cnur;ry WITNESS y hand and official seal. V/ Clrlm..ex^;res AP7 ,;9, 1C^o � G Notary's Signature OgDOgATF►fKNr'1W1[(1l;.,1CNT[ftou 7t'Innc� NATIONAL NOTARY ASSOCIATION•23012 Venturi Blvd.•Woodland Nllq,CA 91364