HomeMy WebLinkAboutT-4003 - Agreement/Covenant - 6/28/2006 (2) Rte• _ i Z XA
89036247 ACCORDED AT ARUtST OF
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PLEASE COAMPON11989
FRESNO COUNTY.CALIFORNIA
GALEN LARSON.County Recorder
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SPACE ABOVE FO1PY1MeMMF4"E1V S
P.W. File No. 8771 Development Department
UGM No. 284 City of Fresno
STATEMENT OF COVENANTS
FOR UGM PARK, FIRE STATION AND TRUNK SEWER FEES
AND CREATION OF LIEN
Tract No. 4003
Hampton Court No. 3
Phase III of Tentative Tract No. 3876
RECITALS
WHEREAS, Robert A. and Karen McCaffrey, husband and wife, and
John A. Bonadelle, a single man, hereinafter referred to as "the
Covenantors , " are 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. 4003, consisting of
Ninety-nine (99) lots; and
WHEREAS. the Subject Property is subject to UGM Park and 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 Fifty Five Thousand Thirty and 22/00 ,
Dollars ($55,030.22) for the following:
UGM Fire Station Fee
Service Area No. 14
Zone District: R-1/UGM
20. 73 Gross Ac @ $282 .00/Ac = $5, 845 . 86
UGM Neighborhood Park Fee
Service Area No. 5
Zone District: R-1/UGM
20.73 Gross Ac @ $1, 942 .00/Ac = $40,257 . 66
UGM Trunk Sewer Fee
Service Area : Cornelia Trunk Line
Zone District: R-1/UGM
20 . 06 Gross Ac @ $445 . 00/Ac = $8, 926. 70
Total Estimated Amount $55,030. 22; and
WHEREAS, Covenantors desire to have a Final Tract Map
subdividing the Subject Property approved by the City of Fresno; and
WHEREAS . Covenantors desire to defer payment of the UGM Park and
Fire Station and Trunk Sewer fees until such time that the issuance
of building permits is requested by the Covenantors or their
successors and assigns for such construction.
COVENANTS CONDITIONS AND RESTRICTIONS
For favorable action on, and approval of, the Covenantors ' Final
Tract Map upon the Subject Property, as referred to hereinabove,
Covenantors hereby covenant as follows:
1 . All UGM Park and 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 . Covenantors hereby waive any and all rights they may have
Pursuant to Government Code Section 65961.
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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 Covenantors hereby create a lien upon the Subject Property
to guarantee the performance of the obligations of the Covenantors
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 Covenantors 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 .
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.
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GENERAL ACKNOWLEDGMENT
i c
pp NO.20111
State of On this the_!Lday of 19�before me,
SS.
County of
r the undersigned Notary Pu ic,pe,(sonally appeared
H�c L'a FFrey
A
OFFICIAL SEAL EY personally known to me
3 SHARYN A. RENNA ❑ proved to me on the basis of satisfactory evidence
NOTARY PUBLIC•CALIFORNIA to be the person(s)whose name(s) _� subscribed to the
' FRESNO COUNTY
My Comm.Expire.Aug.16,1991 within instrument,and acknowledged that executed it.
WITNESS my hand and official seal.
Notary's Signature
7110122 NATIONAL NOTARY ASSOCIATION•23012 Ventura Blvd.•P.O.Box 4625•Woodland Hills,CA 91364
_ �r
r
DATED:
Accepted by: COVENANTORS
CITY OF FRESNO By
a Municipal Corpor ion Robert A. McCaffre
By
Geor A. erber, Director By
Development Department K ren M aff ey
By
APPROVED AS TO FORM: Jo ' A. Bona elle
HARVEY WALLACE
City Attorney
r—
By
Deputy (Attach Notary Acknowledgement)
STATE OF CALIFORNIA )
ss .
COUNTY OF FRESNO )
On this day of in the year
before me Sc H personally
appeared 10.1, 501"-s S personally known to me (or
proved to me on the basis of saisfactory 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
City Clerk
By A944-1 J:P=k�e
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 :
Lots 692 , 693 , 694 and 695 of BULLARD LANDS IRRIGATED SUBDIVISION
NO. 6, According to the map thereof recorded in Book 8 , Page 25 of
Plats , records of said county.
EXCEPTING one-half of all minerals , oil , gas and hydrocarbon rights
without right of surface entry, as reserved by Gateways Mental Health
Center Endowment Fund in deed recorded August 28 , 1968 , in Book 5608
Page 1 of Official Records , Document No. 60629 .
ALSO EXCEPTING from Lot 694 , that portion described in the deed to the
City of Fresno, by deed recorded December 1 , 1987 , as Document No.
87144778 , Fresno County Records .
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