HomeMy WebLinkAboutT-4086 - Agreement/Covenant - 6/27/2006 (2) CENTRA TLE COMPANY
AT.. ......MIN. PAST.. .10
: ...M
MAR 2 91990 90035495
FRESNO COWL.V..AL!`Cmm!.�
GALEN LARSON,county Recorder
EE
PLEASE CONFORM
EP11 R- OR DER
-------------------SPACE A$(��I R 003REDER-S E-------------------
P.W. File No. 8835 Development Department
UGM No. 343 City of Fresno
STATEMENT OF COVENANTS
FOR UGM PARK AND FIRE STATION FEES
AND CREATION OF LIEN
Tract No. 4086
Phase I of Tentative Tract No. 4086
RECITALS
WHEREAS, THE LEE INVESTMENT COMPANY, a California Limited
Partnership, 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. 4086, consisting of One (1) lot; 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 and Fire
Station fees pursuant to Sections 12-4 . 508 and 12-4 .509 of the
Covenant/Tract No. 4086/UGM 343
UGM Park and Fire Station Fees
Page 2
Fresno Municipal Code in the estimated amount of Thirty-Eight
Thousand Nine Hundred Thirty-Eight and 90/100 , Dollars ($38, 938 . 90)
for the following :
UGM Fire Station Fee
Service Area No. 14
Zone District : R-2/UGM
7. 15 Gross Ac @ $2 , 056 .00/Ac - $14 , 700 .40
UGM Neighborhood Park Fee
Service Area No. 5
Zone District: R-2/UGM
7. 15 Gross Ac @ $3 ,390 .00/Ac s $24 , 238 . 50
Total Estimated Amount $38, 938. 90 ; and
WHEREAS, Covenantor desires to have a Final Tract Map No. 4086
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 Covenantors 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.
Covenant/Tract No . 4086/UGM 343
UGM Park and Fire Station Fees
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 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 .
Covenant/Tract No . 4086/UGM 343
UGM Park and Fire Station Fees
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 contest 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: Me.`I &(-
Accepted by: COVENANTOR
CITY OF FRESNO THE LEE INVESTMENT COMPANY,
a Municipal rpo ion a California Limited Partnership
By
Alvin Solis, Acting Director By
Development Department Richard K. Ehrlich
General Partner
APPROVED AS TO FORM:
HARVEY WALLACE
City Attorney
By
Deputy (Attach Notary Acknowledgement)
CAT.NO. NNO0630
r TO 1946 CA(9-84)
(Partnership) J TICOR TITLE INSURANCE
STATETEOF CAL
O
1 COUNTY OF �ORNIA 11 2 krS j SS.
On _ -L'CM before me, the undersigned, a Notary Public in and for
said State,personally appeared YN j
Y
r
Y
_ personally known to me or
proved to me on the basis of satisfactory evidence to be
the person _ who executed the within instrument as
of the partners of the partnership Cltlllltllltl111111Tllllllllllll111111IIIIITIIIIIIIITIIIIfIL
s that executed the within instrument, and acknowledged _ OFFICIAL$EAL
to me that such partnership executed the same. LYN J. TEUSCHER
WITNESS my hand and official seal. — �' NOTARY PUBLIC-CALIFORNIA=
LOS ANGELES COUNTY
My Commission Expires August 27, 1993
SignatureC1111111i11111t111t1U1tt1111111111111111INIIIIIIIIIIIIIIIIG
(This area for official notarial seal)
Covenant/Tract No. 4086/UGM 343
UGM Park and Fire Station Fees
Page 5
STATE OF CALIFORNIA )
ss.
COUNTY OF FRESNO )
On this C- � ' day of � in the year ,
before me Y%-Zt�- (�.t.(� , personally
appeared 6tu-,*-11 , 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. KYLE, CMC
City Clerk
By
Deputy
LR:mv
3821D578
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 :
Lot 545 and the East 156 . 93 feet of Lot 544 of Bullard Lands
Irrigated Subdivision No. 6, in the City of Fresno, County of Fresno,
State of California, according to the map thereof recorded in
Volume 8 pages 25 and 26 of Plats, Fresno County Records .
LR:mv
3815D/578