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Home My WebLink AboutT-4004 - Agreement/Covenant - 6/29/2006 (2) 1=1014 AT N QUOT 0t ' PLEASE CONFORM 'CHICAGO TITLE I, 88137218 ...MIN. PASI q. ..-M DEC 091988 FRESNO COUNTY,CALIFORNIA GALEN LARSON,County Recorder FEE BY DEPUTY RECORDER -------------------SPACE ABOVE FOR RECORDER ' S USE------------------- P.W. File No . 8726 Development Department UGM No . 199 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK, FIRE STATION FEES AND CREATION OF LIEN Tract No. 4004 "Foxboro III" Phase III of Tentative Tract No. 3684 RECITALS WHEREAS, Kesterson Development Co. , 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. 4004 , consisting of forty one (41) lots; and WHEREAS, the Subject Property is subject to UGM Park and Fire Station fees pursuant to Sections 12-4 . 508 and 12-4 . 509 of the Fresno Municipal Code in the estimated amount of Twenty One Thousand Seven Hundred Fifty Six and 69/100 Dollars ($21, 756 . 69) for the following: UGM Fire Station Fee Service Area No. 14 Zone District: R-lUGM 9.27 Gross Ac @ $547. 00/Ac = $5 ,070 . 69 r• UGM Neighborhood Park Fee Service Area No. 6 Zone District : R-1-UGM 9 . 27 Gross Ac @ $1, 800.00/Ac = $16 , 686 .00 Total Estimated Amount $21,756 . 69 ; and WHEREAS, Covenantor desires to have a Final Tract Map No . 4004 subdividing the Subject Property approved by the City of Fresno; and WHEREAS, Covenantor desires to defer payment of the UGM Park and Fire Station 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 and Fire Station 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 . -2- 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 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 . -3- K TATE OF CALIFORNIA SFRESNO UNTY OF -," y y & � ��: q '- o 'y4 ? 4", IT&. On thik 27th day of SEPTEMBER ' in the year 1988 M1 ,f •� before me, the undersigned a Notary Public in and for said State personally appeared -- ,� -'�h. .. :yJtpn `x.?fir±rb�4�t+, .. .^a ?'r'.... ;,��.�;+,.,a +v `��Nr.+'�i•� ".? .'F. f. •.... OFFICIAL ScAt )fl?Id :Vit??K• t* `' f} LYNN PIEPER s ;, .:. MOrARY - o�a► , personally known to me S MMFFICEou"n (or proved to me on the basis of satisfactory evidence)to be the persons who executed the Comm.Wu f '7'1!!1line, within instrument as President f Secretary respectively,of the Corporatio therein n ed,an nowledged to me that the Corporation executed it pursuant to its -laws or resoiu on o its board of directors. i ~ WITNESS my hand and offl • KNOWLEOGMENT Corp Pros.d Sec Woltotts Form 222CA Rev.11 83 ear I 983woLCOTTS,INc. (oakeclan 5.2) " Notary Public in and for said State. t • - }t . •a w,- Ss .,1?. � '��r�.�y�r•� 'S'+ #-•y t. t w►.�..... pJ�' �� rn'S'd' .x '' �......- +k_`: .t• ^'T�`•c�i�'� ,�y�, . S Mme.} '�� ° �, • ,s#..r,t �w.,'� '•tr'+�C.� wSlc� tl » •a�`,Al •ry6',nr S�x• 4 ,�r, �` 'wr'%;.�i #. Fes' q!''+ '.L'i.r ,r may,�' ��ir!t^.Fi T•*• . Y ;i v,a*+.- Yk c `� -'.. . Nr � > �va0ii•: l -.pr p\..� ,tel. :•� K E�- � l� jay- S .�: y� 1 - a� 1'• f1E � ��.t ti' `fil_t j•� :t -..P". .'�i?R` ' +"'�ii�'� �.e.i�'`i '�Y.;,a ,�L',�GI!�v�'�el�..t1!;�u•'�'�.tCrt�jf"Y•�. 's� .v� tr.�k.S.S�'.'l. f�•Z[, ar- _ '•:tea• .::»- r�►.,tiKst .:..;k ti.. r"r'{:v:3�r{C{i:ii :u a xs •Fr x.. :ci :$i:„{y tr:vaiv?ti i iie;?MA Xf�}}Y ,- t �i.•t;.y�itt..».... • ttt �5:.. ::«Y�� w .?y}�}:::• °"�, ..r5 t:•r:�.:_:y«:::•x,�s•:: ••::rrrr::::is»:trK::��•• -;. '�:4t76rir .:t .r.i i •r•%:. ...jy}:i i}p;•• �«ie�:::x»::x.. ::i; ptf�{fic�}t""AGR�A':1( x wr7ic ..•rw•»•• nirz•r �irj:.:xt:�r•::r..:t:tyrt:.. r: r.; ?iti vts ii'vrr:%m%:ai%%%> r,ci .............. GY.y,.•,;-y.r e .et••: 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 . DATED: Z 3 /f'p? Accepted by: COVENANTOR 1 CITY OF FRESNO KE RSON DEVELOPMENT CO. . INC. . a Municipal Corporation a li ornia C rpo tion By Q- George . Kerber . Director ' Development Department APPROVED AS TO FORM: HARVEY WALLACE City ttorney C y Deputy (Attach Notary Acknowledgement) STATE OF CALIFORNIA ) ss . COUNTY OF FRESNO ) On t ' s kQ _ day of in the year before me�c �oo ally appeared personally known to me (or proved to me on the si of satisfactory 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 Ci Clerk a By Dated : �a'��` Deputy LR:dk 7041d1412 -4- f EXHIBIT "A" The land referred in these covenants is situated in the County of Fresno, State of California , described as follows : Lots 605 through 608 and Lots 631 through 634 , inclusive, of BULLARD LANDS IRRIGATED SUBDIVISION NO. 6, according to the map thereof recorded in Volume 8 , pages 25 and 26 of Plats, Fresno County Records . EXCEPTING THEREFROM any portion lying within Tract 3684 , according to the map thereof recorded in Volume 44 , pages 6 and 7 of Plats, Fresno County Records . ALSO EXCEPTING THEREFROM any portion lying within Tract 3888 , according to the map thereof recorded in Volume 46, pages 20 and 21 of Plats , Fresno County Records . LR:dk 7023d/412