The URL can be used to link to this page

Home My WebLink AboutT-4049 - Agreement/Covenant - 6/28/2006 (2) RECORDED AT REQUEST OF 89052339 '',CENTRAL TITLE COMPANY PLEASE CONFORM •- • LAT.- ...MIN. PAST: ..M MAY 17 198 FRESNO COUNTY.CALIFORNIA GALEN LARSON,County Recorder � FEE s --------------------SPACE ABOVE FOR RECORDER'E�r tI pip TY RECORDER------ P .W. File No. 8786 Development Department UGM No. 329 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK FEES AND CREATION OF LIEN Tract No . 4049 Phase I of Tentative Tract No. 4049 'Maple View Estates ' RECITALS WHEREAS , Maple View Estates , a California Limited Partnership, hereinafter referred to as " the Covenator, " 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. 4049 , consisting of Sixty Six ( 66 ) lots and one outlot ; 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 Two Thousand Two Hundred Seventy Eight and 48/100 , Dollars ( $22 , 278 . 48 ) for the following: UGM Neighborhood Park Fee Service Area No. 7 Zone District : R-1/UGM 17 .88 Gross Ac @ $1 , 246 .00/Ac = $22 , 278 .48 Total Estimated Amount $22 , 278 . 48 : and J 1 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 Covenantors 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 fomes 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 . 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. -3- DATED: T 2 /989 Accepted By: COVENANTOR CITY OF FRESNO a Municipal Corporation MAPLE View Estates , a California By Q Limited Partnership George A. Kerber, Director By: Gary L. McDonald Construction Development Department Company, Inc. , a California Corpo ation r , APPROVED AS TO FORM : HARVEY WALLACE a McDona d , President City Attorney r (Attach Notary Acknowledgement ) By _ Deputy STATE OF CALIFORNIA ) ss . COUNTY OF FRESNO ) `' On this day of (It/1 in the year before me i� \ ' personally appeared _ A . personally known to me ( or proved to me on he 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. KYLE, CMC City Clerk By L R:my STATE OF CALIFORNIA) COUNTY OF FRESNO ) ss. -- _ — On This ,�/ `� =' day of f oi. I in the year of 19 before me, the undersigned a Notary Public in and fo- said County and State. personally appeared Gary L. McDonald personally known to me to be the President of Ga y L. McDonald Construction Co., Inc.. the corporation that executed the within instrument and known to me to be the person who executed the within instrument on behalf of said corporation, said corporation being known to me to be the general partner of Maple View Estates. the partnership that executed the within instrument. and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. OFFrC:AL SEAL ' "�`� JOAN CYCON i 1 }, *. r� NOTARY FLBLIC-CALIFORNIA J041 Cycon` lir :'' NO' A.7..Y BONG FILED Ip f �.;,.. r.AcS'.JO COUNTY r F,tY Cr�rrmigbip-)Expires P+grch 15. 1l99g1�.► 'EXHIBIT A' The real property referred to in these Covenants is situated in the State of California, County of Fresno, and is described as follows : The West half of Lot 5 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 of Plats at Page 68 , Fresno County Records . Together with that portion of the West half of Lot 6 of said Perrin Colony No. 2, lying North of the following described line: BEGINNING AT A POINT on the West line of said Lot 6 , said point being North 000 02 ' 00" East, a distance of 360.79 feet from the Southwest corner of said Lot 6; thence South 89' 58 ' 00" East, a distance of 108 . 45 feet; thence North 530 22 ' 30" East , a distance of 64 . 26 feet; thence North 890 37 ' 26" East, a distance of 245 .00 feet; thence North 820 29 ' 10" East, a distance of 60. 52 feet ; thence North 890 37 ' 26" East, a distance of 93 . 00 feet; thence South 850 30 ' 25" East, a distance of 100. 50 feet to a point on the East line of the West half of said Lot 6 . EXCEPTING THEREFROM that portion of said Lot 5 described as follows : BEGINNING AT the Northeast corner of the West half of said Lot 5; thence South 890 33 ' 58" West, along the North line of the West half of said Lot 5, a distance of 136 .00 feet; thence South 000 01 ' 36" West, parallel with and 136 .00 feet West of the East line of the West half of. said Lot 5, a distance of 375 . 99 feet; thence South 860 33 ' 15" East, a distance of 73 . 62 feet; thence South 800 14 ' 11" East, a distance of 63 . 43 feet to a point on the East line of the West half of said Lot 5, thence North 000 01 ' 36" East, along the East line of the West half of said lot 5, a distance of 392 . 20 feet to the Point of Beginning. TOGETHER WITH Parcel 2 of Parcel Map No . 2622, in the City of Fresno. County of Fresno, State of California, according to the map thereof recorded in Book 16 of Parcel Maps at Page 85 . Fresno County Records . LR:mv 0052D .