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Home My WebLink AboutT-4074 - Agreement/Covenant - 6/28/2006 (2) RECORDED AT REQUEST OF 89044651 TICOR TIT INSURANCE r ^T ........MIN. PAST. .:M APR 271989• N FRESNO COUNTY.CALIFORNIA PLEASE CONFOAMN LARSON.County Recorder FEE ppEE��11 p s -------------------SPACE ABOVE FOR RECORDNYSEU��;ER-_--------------- P.W. File No. 8812 Development Department UGM No. 258 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK, FIRE STATION FEES AND CREATION OF LIEN Tract No. 4074 Phase II of Tentative Tract No. 3834 'Monte Vista No. 19 ' RECITALS WHEREAS, Pierce Lathing Co. Inc. . a California Corporation, DBA Pierce Enterprises, 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. 4074 , consisting of Seventy Seven (77) 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 Thirty Seven Thousand Eighteen and 52/100, Dollars ($37, 018 . 52) for the following: ' UGM Fire Station Fee Service Area No. 16 Zone District : R-1/UGM 16 . 66 Gross Ac @ $1, 242 .00/Ac = $20, 691.72 UGM Neighborhood Park Fee Service Area No. 4 Zone District: R-1/UGM 16 . 66 Gross Ac @ $980.00/Ac = $16 , 326 . 80 Total Estimated Amount $37 , 018 . 52; 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 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 . 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. -3- 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 PIERCE LATHING CO. INC. , a Municipal torpor ion a California Corporation, DBA Pierce Enterprises By George A. Kerber, Director Development Department a alker, President APPROVED AS TO FORM: HARVEY WALLACE City Attorney B Deputy (Attach Notary Acknowledgement) STATE OF CALIFORNIA ) ss. COUNTY OF FRESNO ) nn On this /3r'1 day of in the year , before me personally appeared personally known to me (or proved to me on the basis of satirise story evidence) to be the person who executed this instrument as rector of the Development Department and acknowledged to me that the City of Fresno executed it. JACQUELINE L. RYLE, CMC City C,l1,er'k. (� By Deputy LR: tag 9993d/482 -4- 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 Northeast quarter of the Southeast quarter of Section 23 , Township 13 South, Range 19 East, Mount Diablo Base and Meridian, in the County of Fresno. State of California, according to the Official Plat thereof . Excepting therefrom the East 330 feet of the North 660 of said Northeast quarter of the Southeast quarter of Section 23, Township 13 South, Range 19 East, Mount Diablo Base and Meridian; Also excepting therefrom that portion thereof lying within the lines of Lots 1 through 102 , inclusive of Tract No. 3834 , Monte Vista No. 16, in the City of Fresno, County of Fresno. State of California, according to the map thereof recorded in Book 45 pages 95 and 96 of plats, in the Office of the County Recorder of said county. Together with the Southerly half of the East 330 feet of the North 660 feet of the Northeast quarter of the Southeast quarter of Section 23, Township 13 South, Range 19 East, Mount Diablo Base and Meridian, in the County of Fresno, State of California, according to the Official Plat thereof . LR:tag 9993d/482 CORPORATE 'ACKNOWLEDGMENT NO.2( ` State of A On this the 177—day of AA 1cjg�l before me, County of VSD SS. C the undersigned Notary Public,personally appeared personally known to me ❑ proved to me on the basis of satisfactory evidence OFFICIAL SEAL to be the person(s)who executed the within instrument as JOHN J. DALEY �� (�!"� or on behalf of the corporation therein Notary Public-Califomla �— FRESNO COUNTY named,and acknowledged to me that the corporation executed it. � i WITNESS my hand d officia •' My Comm.Exp. Mar. 12,t9Q1 N o re 7120 122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. 0 P.O.Box 4625 0 Woodland Hills,CA 91365-462