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Home My WebLink AboutT-4043 - Agreement/Covenant - 6/28/2006 (2) Trir.�_ �_� (anADfif F: ..,.........MIN. PAST.. -1vi 90033134 MAR 29, 1990 FRESNO C^UPJ GALEN LIARSOIN,County Recorder PLEASECONFORM -------------------SPACE ABOVE Y0WP � € S E- ---------------- P.W. File No. 8777 Development Department UGM No . 340 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK, FIRE STATION AND TRUNK SEWER FEES AND CREATION OF LIEN RECITALS WHEREAS, PICKETT & SONS CONSTRUCTION, 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 . 4043, consisting of fifteen (15) lots and one (1) outlot; 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 Park, 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 s Covenant/T-4043 UGM Park, Fire Station & Trunk Sewer Fees Page 2 the estimated amount of Thirteen Thousand Twenty-Six and 62/100 Dollars ($13 , 026. 62) for the following : UQM Fire Station Fee Service Area No. 16 Zone District : R-1/UGM 4 .51 Gross Ac @ $1,242 . 00/Ac = $5, 601. 42 UGM Neighborhood Park Fee Service Area No. 4 Zone District: R-1/UGM 4 . 51 Gross Ac @ $1, 230. 00/Ac = $5, 547 . 30 UGM Trunk Sewer Fee Service Area : Cornelia Trunk Line Zone District: R-1/UGM 4 .22 Gross Ac @ $445 . 00/Ac = $1, 877 . 90 Total Estimated Amount $13, 026 . 62; 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 Park, Fire Station and Trunk Sewer 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, Fire Station and Trunk Sewer fees attributable to development of Subject Property shall be Covenant/T-4043 UGM Park, Fire Station & Trunk Sewer Fees Page 3 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 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. Covenant/T-4043 UGM Park, Fire Station & Trunk Sewer Fees Page 5 STATE OF CALIFORNIA ) ) ss . COUNTY OF FRESNO ) On this int^(. day of ?') >�` �� in the year g G before me C x-ld-- personally appeared CLi personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as Acting Director of the Development Department and acknowledged to me that the City of Fresno executed it. JACQUELINE L. RYLE, CMC City Clerk By C__L ; )CL-i, 1CLrnC" Dep ty LR:mv 4352D/588 STATE OF CALIFORNIA ss. COUNTY OF FRESNO On this 8th day of February in the year 1990, r before me, the undersigned, a Notary Public in and for said State, personally appeared Joe Pickett, Jr. sndX personally known to me OFFICIAL SEAL (or proved to me on the basis of satisfactory evidence)to be the persona who executed the JUDITH M. SAIADINO within instrument as President and Secretary, NOTARY PUBLIC-CALIFORNIA rm** of the Corporation therein named•and acknowledged to me that the Corporation ii NOTARY BOND FILED IN executed it pursuant to its by-laws or a resolution of its board of directors. FRESNO COUNTY My Commission Expires Sept.10, fGo A V. WITNESS my hand and official seal. � ACKNOWIEDGAAENT—Carp.—Pres.6Sec.—WOlcott3 Form 222CA—Rev. 11 83 ®1983 WOLCOTTS,INC. (price class 8-2) Notary Public in and for said State. n; f Covenant/T-4043 UGM Park, Fire Station & Trunk Sewer Fees Page 4 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 . DATED: Accepted by: COVENANTOR CITY OF FRESNO PICKETT &.., SONS CONSTRUCTION, a Municipa r ation INC. , a-.. �aIifo r a Corporation By Alvin P. Solis, Acting Director Development Department Ze_PickC tt. Jr. President and Secretary APPROVED AS TO FORM: 1 HARVEY WALLACE City Attorney , Hyc_ Deputy (Attach Notary Acknowledgement) LR:mv 4352D/588 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 South half of the West half of the North half of the Southwest Quarter of the Southeast Quarter of Section 15 , Township 13 South, Range 19 East, Mount Diablo Base and Meridian, in the City of Fresno, County of Fresno, State of California, according to the United States Government Township Plats . Excepting therefrom the North 105 feet of the West 200 feet thereof . LR:mv 4352D/588