HomeMy WebLinkAboutT-3993 - Agreement/Covenant - 6/26/2006 (2) RECORDED AT REQUEST Of,,
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PLEASE CONFORM MAY 25 198
Fi?ESNO COUNTY,CALiFOiTNfA
GALEN LARSON,County Recorder
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P.W. File No. 8713 Development Department
UGM No. 381 City of Fresno
STATEMENT OF COVENANTS
FOR UGM PARK FEES AND CREATION OF LIEN
Tract No. 3993
Phase I of Tentative Tract No. 3993
for Condominium Purposes
RECITALS
WHEREAS, Benart San Marcos Co. , 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.
3993, consisting of One (1) lot for condominium purposes; 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 Six Thousand Twenty Three and 34/100 ,
Dollars ($26,023 . 34) for the following:
UGM Neighborhood Park Fee
Service Area No. 1
Zone District : R-2/UGM
10.57 Gross Ac @ $2, 462 .00/Ac = $26,023 . 34
Total Estimated Amount $26, 0234 ; and
a
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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 .
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 one provisions hereof .
-3-
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: M A I 10/
I aS 9
Accepted by: COVENANTOR
CITY OF FRESNO BENART SAN MARCOS CO. ,
a Municipal Corporation a California Limited Partnership
By a
George . Kerber, Director
Development Department
APPROVED AS TO FORM:
HARVEY WALLACE
City Attorney,
By
Deputy (Attach Notary Acknowledgement)
STATE OF CALIFORNIA )
ss .
COUNTY OF FRESNO )
On t i S�& day of in the ear A?- 7 ,
before me sonally apbe Ki
personally known to me (or proved to me on the basi of tisfactory
evidence) to be the person who executed this instrument as Director of
the Development Department and acknowledged to me that the City of
Fresno executed it.
JACQUELINE L. RYLE, CMC
C' ty Clerk
By
Deputy
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EXHIBIT "A"
The Subject Property referred to in these covenants is situated in the
State of California , County of Fresno, and is described as follows :
That portion of Lot 43 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 , Page 68 of Plats, Fresno County Records,
described as follows:
BEGINNING at the Northwest corner of said Lot 43 , said corner being on
the East line of the Southwest Quarter of Section 26, Township 12
South, Range 20 East, Mount Diablo Base and Meridian; thence South
000 24 ' 15" East, along the East line of said Lot 43 , a distance of
661 . 12 feet to the Southwest corner of said Lot 43 ; thence South
890 12 ' 15" West, along the South line of said Lot 43 , a distance of
689 .00 feet; thence North 000 241 15" West, a distance of 200.00
feet; thence North 320 56 ' 31" West, a distance of 41 .52 feet; thence
North 00' 24 ' 15" West, a distance of 190.78 feet; thence North
32' 08 ' 01" East, a distance of 41 . 52 feet; thence North 000 24 ' 15"
West, a distance of 200.00 feet to a point on the North line of said
Lot 43 ; thence north 89' 101 34" East, along the North lien of said
Lot 43 , a distance of 689 .00 feet TO THE POINT OF BEGINNING.
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