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Home My WebLink AboutT-4057 - Agreement/Covenant - 6/28/2006 (2) • : _ nvvvnW&W n1 nLVVF.NI K 9406562 STEWART TITLE pq Recording Requested by Crty Clerk. Fresno, California No Fee-Govt. Code 6103 . BAST M Return to City Clam Fresno APR 14 1994 VIT FREWA� COUNTY.v&VOMA WILLOW C.GREENWOOD.Cowry ReowdN AX4"Vie- F -------------------ABOVE SPACE FOR1ORDE 'S U - - ----------- P.W. File No . 8863 Development Department UGM No . 192 City of Fresno STATEMENT OF COVENANTS FOR UGM FIRE STATION AND PARK AND FEES AND CREATION OF LIEN Tract No. 4057 Phase IV of Tentative Tract No. 3590 RECITALS WHEREAS, G. BAKAR PROPERTIES, 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. 4057, consisting of seventy-nine (79) 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 f e Statement of Covenants Tract No. 4057/UGM 192 Phase IV of Tentative Tract No. 3590 Page 2 Fresno Municipal Code in the estimated amount of Forty-Five Thousand Sia Hundred Sixty-Three and 75/100 Dollars ($45, 663 . 75) for the following: UGM Fire Station Fee Service Area No. 15 Zone District: R-1/UGM 20 .25 Gross Ac @ $605 . 00/Ac = $12,251.25 UGM Neighborhood Park Fee Service Area No. 2 Zone District: R-1/UGM 20 .25 Gross Ac @ $1, 650 . 00/Ac = $33,412.50 Total Estimated Amount $45, 663 . 75; 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. Statement of Covenants Tract No. 4057/UGM 192 Phase IV of Tentative Tract No . 3590 Page 3 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 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. f ' Statement of Covenants Tract No . 4057/UGM 192 Phase IV of Tentative Tract No . 3590 Page 4 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: mph- 3�. 9 9'i CITY OF FRESNO, COVENANTOR a Municipal Co oration G. BAKAR PRO TIES INC. , a Californ' or r tion By Alvin P. Solis, Director By Development Department C an/P APPROVED AS TO FORM: B Richard J. P vnicka J S LO G Assists t S retary A ting City A y (Attach Notary Acknowledgment) B- Deputy Revised: 12/31/93 Statement of Covenants Tract No . 4057/UGM 192 Prase Iv of Tentative Tract No. 3590 Page 5 CLERK' S CERTIFICATE S-ATE OF CALIFORNIA ) ss . COUNTY OF FRESNO ) yOoh- 31 199,9, before me, personally appeared personally k.own to me (or provided to me on the basis of satisfactory evidence) to be the personsV) whose name(X) is/aEe- subscribed to the within instrument and acknowledged to me that he/&M,4 hey executed the same in authorized capacity(3es-) , and that by his/he•rn, thai signature(,$) on the instrument($) the person($) , or the entity upon behalf of the CITY OF FRESNO of which the person V) acted, executed the instrument . WITNESS my hand and official seal . JACQUELINE L. KYLE, CMC CITY CLERK By EPUTY RL : crm LAND204/+3443 GL2 L25 OR L27 and L29 /I f L 4f % ..... EXHIBIT "A" That portion of the Southeast Quarter of the Northeast Quarter of Section 18, Township 14 South, Range 21 East, Mount Diablo Base and Meridian, in the City of Fresno, County of Fresno, State of California, according to the Official Plat thereof, described as follows : Lots 3 and 4 of Newhall Tract, according to the Map thereof recorded in Book 2 of Record of Surveys at Page 42, Fresno County Records . EXCEPTING therefrom any portion thereof lying within Tract No. 3852, "Fancher Creek Ranch II, according to the map thereof recorded in Volume 47 of Plats at Pages 69, 70, and 71, Fresno County Records . ALSO EXCEPTING therefrom any portion thereof lying within Tract No. 4056, according to the Map thereof recorded in Volume 51 of Plats at Pages 9, 10, and 11, Fresno County Records . TOGETHER with the East 3 .08 feet of Lots 76, 77, 78, 79, 80, and 81 of said Tract 4056 . ALSO EXCEPTING therefrom all mineral rights below a depth of 500 feet with no rights of access onto the surface of said property, as reserved by Superior Farming Company, a Corporation in Deed recorded July 25, 1979 in Book 7335, Page 771 of Official Records, Document No. 85920 . BW:crm LAND204/+3443