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Home My WebLink AboutT-3970 - Agreement/Covenant - 6/27/2006 (2) \ -WICAGO TC�— RECORDED Rwording requested byAT..=...MIN. PAST.�.�.¢..M CM1 Clark,Fresno,Calitonnia 8E066091 JUN 17.1988 fro Fee-Govt.Code 6103 ROWM to City Clerk,Fresno FRESNO COUNTY,CALNORNIA GALEN LARSO�N,�County Recorder )" DEPUTY RECORDER S v -------------------SPACE ABOVE FOR RECORDER ' S USE------------------- P.W. File No. 8622 Development Department UGM No. 307 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK FEES AND CREATION OF LIEN Tract No. 3970 "Quail Hollow" RECITALS WHEREAS, N. T. Hill, Inc. , a California Corporation, doing business as R. J . Hill Company, 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. 3970, consisting of ninety five (95) lots and one remainder : 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 Twenty Thousand One Hundred Thirty Five and 36/100 ($20, 135 . 36) for the following: UGM Neighborhood Park Fee Service Area No. 7 Zone District : R-1/UGM 16. 16 Gross Ac @ $1, 246 .00/Ac = $20, 135 . 36 Total Estimated Amount $20, 135 . 36; and 88066091 WHEREAS, Covenantor desires to have Final Tract Map No. 3970 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. 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 -2- ,4 inure solely to the benefit of the City of Fresno. "MAno 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 . STATE OF CALIFORNIA ss. COUNTY OF FRESNO ) �J �r��allyy in the year �� before me On this 1,121 day of � L/W/CCA- peappeared � personally known to m2 (or proved to me on the ba -s of � atisf�sct evidence) � ` to be the person who executed this instrument as j �fn�jy G��l Of the City of Fresno and acknowledged to me that the_L11-0—f Fresno executed it. JACQUELINE L. RYLE, CMC - City Clerk By Deputy -3- 88066093 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: May i 19RA Accepted by: COVENANTOR CITY OF FRESNO a Municipal Corporation N. T. LL, C. , a California Co oratio , doinyg )j, By J 1 Co a George . Kerber, Director Development Department , ATTEST: JACQUELINE L. RYLE City Clerk ,. By 3 <Y:tib Deputy APPROVED- AS TO FORM: HARVEY WALLACE City Attorney By eputy (Attach Notary Acknowledgement) T n. STATE OF CALIFORNIA -- O) SAFECO o COUNTY OF Fresno 1S.S. TITLE INSURANCE tAa On this the--13-th____day of_May 19.88_before me, the undersigned, a Notary Public in and for said County and State, personally appeared Randy J._Hill I� personally FOR NOTARY SEAL OR STAMP known to vidence to be I Ho the President,and ---Randy-J.-Hi 11 personally known t evidence to be °°'�'°"' CrrICAL atA" r: Secretary of the corporation that executed the within instrument on behalf of the corporation therein named, and acknow- .4 0 U ledged to me that such corporation executed the within instrument I I pursuant to its by-laws or a resolution of it's bo d of directors. 1 ,� i>.r.,=•�o� F,c,F IN Aj r,�tnryusc,xa to. ;-re 11. 1 39 ______ n�oc:cs.n.e:•.:>s.....F =xvcuau:J,sfe:s�c N (Notary signature line) Corcoran U. ' a V) ("His name(notary's)shall be typed or legibly printed") (Sec.8205-Government Code 1959) X3$066091 EXHIBIT "A" The land referred to in these covenants is situated in the State of California, County of Fresno, and is described as follows : That portion of the Northwest Quarter of the Southwest Quarter of Section 36, Township 12 South, Range 20 East , Mount Diablo Base and Meridian, described as follows: Beginning at the Southeast corner of said Northwest Quarter; thence North 00 011 0911 West, along the East line of said Northwest Quarter, a distance of 902. 97 feet; thence South 89' 581 5111 West, a distance of 120.00 feet; thence South 0' 011 0911 East, a distance of 17.09 feet; thence South 89' 561 2811 West, a distance of 811.00 feet; thence South 77' 291 2411 West. a distance of 79 .73 feet; thence South 430 381 4911 West, a distance of 134 . 89 feet to the intersection with a curve, whose radius point bears North 43' 381 4911 East; thence Southeasterly along said curve, having a radius of 700.00 feet , through a central angle of 08' 581 0811 , an arc distance of 109 . 58 feet; thence South 55' 191 1911 East, a distance of 119 . 31 feet to the intersection with a tangent curve. concave to the Southwest; thence Southeasterly along said curve, having a radius of 700. 00 feet through a central angle of 55' 181 39" , an arc distance of 675. 75 feet ; thence South 00 001 4011 East, a distance of 1. 67 feet ; thence North 890 591 3711 East, parallel with and 56. 00 feet North of the South line of said Northwest Quarter, a distance of 42. 00 feet . thence South 0' 001 40/1 East. a distance 56 .00 feet to a point on said South line, said point being 84 .00 feet East of the Southwest corner of the Southeast Quarter of said Northwest Quarter; thence North 89' 561 3711 East, along the South line of said Northwest Quarter. a distance of 575. 50 feet to the Point of Beginning. 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