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Home My WebLink AboutT-4040 - Agreement/Covenant - 6/28/2006 (2) CENTRAL PTLE COMPANY 91102968 AT 4=7zM. I.N. PAST M AUG 2 2 1991 UTF ri-st: _vury a i,:,__wORNL% WILLIAM C.GREENWOOD,County Recorder E CONFORM. ,. -------------------ABOVE SPACE VCffRoadfiB ---------------- P.W. File No . 9067 Development Department UGM No. 355 City of Fresno STATEMENT OF COVENANTS FOR UGM FIRE STATION AND PARK FEES AND CREATION OF LIEN Tr,avkdd ,; RECITALS WHEREAS, JACK R. PAPAZIAN and GLORIA J. PAPAZIAN, Husband and Wife, as Community Property and JOE E. CAFARO, Trustee of the Cafaro Family Trust, Dated August 14, 1987, 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. 4040, consisting of Twenty-Two (22) lots; and WHEREAS, the Covenantor hereby warrants that any and all parties having record title interest in the Subject Property which may ripen into a fee have subordinated to this instrument; and WHEREAS, all such instruments of Subordination, if any, are attached hereto and made a part of this instrument; and WHEREAS, the Subject Property is subject to UGM Fire Station and Park 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 Seventy-Three and 45/100 Dollars ($21, 773 . 45) for the following : Statement of Covenants UGM Fire Station and Park Fees Tract No. 4040/UGM 355 Page 2 UGM Fire Station Fee Non-District Zone District : C-M/UGM 9 . 83 Gross Ac @ $1, 600/Ac = $15, 728 . 00 UGM Neighborhood Park Fee Service Area No. 4 Zone District : C-M/UGM 9 . 83 Gross Ac @ $615 . 00/Ac = $6, 045 . 45 Total Estimated Amount $21, 773 .45; 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 Fire Station and 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 Fire Station and 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 . Statement of Covenants UGM Fire Station and Park Fees Tract No . 4040/UGM 355 Page 3 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 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 . Statement of Covenants UGM Fire Station and Park Fees Tract No . 4040/UGM 355 Page 4 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: /, /99/ CITY OF FRESNO, COVENANTOR a Municipal Corporation JACK R. PAPAZIAN and GLORIA J. PAPAZIAN, Husband and � e, as By CommunA-t-Y-7Prope r Alvin P. o is , Director / Development Department By: /.�i` 4' �G k R p z3.a/ APPROVED AS TO FORM: oried J. %pap�zian HARVEY WALLACE City Attorney THE CAFARO FAMILY TRUST, Dated August 14 , 1987 By (X_ C�� Gn.� By: Deputy Jo E. Caf o, Trustee (Attach Notary Acknowledgment) CLERK' S CERTIFICATE STATE OF CALIFORNIA ) ` COUNTY OF FRESNO ) ss . " CITY OF FRESNO ) On this 16 1-) day of in the year before me personally appeared personally known to me (or proved to me on the basis 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 City Clerk By Deputy LR:dlk:LAND127/+1955 r STATE OF CALIFORNIA COUNTY OF FYmsno SS. On this 16th day of May in the year 6 1991 a before me, the undersigned, a Notary Public in h and for said County and State, personally:+ppcared Jack' R. Papazian and Gloria J. ZMazian and Joe E. Cafaro as tn,ctee I j e (or proved to me on the basis of satisfactory _ ALEX VALENTINE > > evidence) to be the person ._S whose name S ) are suhscrihed to the within instrument and , ,,- NOTARY PUBLIC ° acknowledged that they ^— executed the FRESNO COUNTY, CALIFORNIA r same. My Commssion Expires Oct 21, 1994 Signature o j A Alex Valentine jrr y Name (Typed or Printed) Notary Public in and for said County and State CT-70 FOR NOTARY SEAL OR STAMP �k 1 r 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 : The East 1/2 of Lot 112 of Roeding ' s Villa Colony in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Book 2 Page 43 of Records of Surveys, Fresno County Records . LR:dk LAND127/+1955