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HomeMy WebLinkAboutT-3966 - Agreement/Covenant - 6/27/2006 (2) " 4TEI)Vi1RT 7dILE.GQ. RECORDED COPY 88099319 AT..........MIN. PAST. &N SEP 8 1988 PLEASE CONFORM FRESNO COUNTY,CALIFORNIA GALEN LARSON,County Recorder R&04> ft�%Aw DEPUTY RECORD=R -------------------SPACE ABOVE FOR RECORDER ' S USE----=----------- P.W. File No. 8691 Development Department UGM No. 309 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK FEES AND CREATION OF LIEN Tract No. 3966 "Brentwood Estates No . 6" RECITALS WHEREAS, Westcal , Inc. , 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 in attached Exhibit "A" , said property being further subdivided by the final map of Tract No . 3966, consisting of one hundred eighty one (181) lots (including 77 Planned Development Lots) : and WHEREAS, the Subject Property is subject to UGM Park fees pursuant to Section 12-4 . 508 of the Fresno Municipal Code in the estimated amount of Forty Eight Thousand Nine Hundred Thirty and 42/100 Dollars ($48 . 930. 42) for the following: UGM Neighborhood Park Fee Service Area No. 7 Zone District: R-1-UGM 39 . 27 Gross Ac @ $1. 246 .00/Ac = $48 . 930. 42 Total Estimated Amount $48, 930. 42: 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- 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 --ingular includes the plural , and the plural includes the singular. DATED: Accepted by: COVENANTOR CITY OF FRESNO WESTCAL, INC. , a California a Municipal Corporation Corporation By la- , o George A. Kerber, Director ' Development Department Jer eY g. Pr ident APPROVED AS TO FORM: Jo A. Bonade fle, Vice President . HARVEY W GLACE City Att rney By l!l (Attach Notary Acknowledgement) STATE OF CALIFORNIA ) ss . COUNTY OF FRESNO ) On this 1st day of September in the year 1988 , before me Robin G. Alcala , personnally appeared cporgp A. Kprher personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as xxxxxxxxxxxxxxxxx Director of the Development Department and acknowledged to me that the City of Fresno executed it. JACQUELINE L. RYLE, CMC City , � Clerk By Q ,,,, A 04a&- Deputy Dated : LR:dk 6532d/402 -4- i )RPORATE ACKNOWLEDGMENT No.202 State of California On this the 9 day of August 19 88 ,before me, t� t SS. County of Fresno Anna M. Renna the undersigned Notary Public,personally appeared �! J. DeYoung and John A. Bonadelle I personally known to me OFFICIAL SEAL — proved to me on the basis of satisfactory evidence _ ANNA M. RENNA to be the person(s)who executed the within instrument as � i NOTARY PUBLIC-CALIFORNIA President & Vice President or on behalf of the corporation therein NoFREY BOND FILED IN tnamed,and acknowledged to me that the corporation executed it. t MY Commission Expires FRESNO COUNTY August 30, 1991 � WITNESS my hand and official.`eal. /' lotary s Signature �_'.- :��.':!• !•e'�G�. =/. ::-i�rr ..'Y.e:".!'ie_,r/ ^r�i"i_.['.c�_,+ c%i��-..c% ..C �'�e-'1..e'.r'' .r�!!r".-'r�::,.r',•+.•+`ii.!_.:!�.�'r_/'%'�tr'.��' 122 NATIONAL NOTARY ASSOCIATION 0 23012 venture B+vO. 0 P O.BOX 4625 0 WOOOlanO H,II&CA 91365.4625 ■ EXHIBIT "A" THE LAND REFERRED TO IN THESE COVENANTS ARE SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF FRESNO, AND IS DESCRIBED AS FOLLOWS: Lots 17 and 18. PERRIN COLONY NO. 2. according to the amended map thereof recorded in Volume 4 , Page 68 of Plats. records of said County.