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Home My WebLink AboutT-4108 - Agreement/Covenant - 6/27/2006 (2) th 89112629 "WWWAT T 0t AW-IYFEWV TITLE CtX� AT. ...MIN, PAST,. .:M OCT 131989 FRESNO COUNTY,CALIFORNIA GALEN LARSON,County Recorder PLEASE CONFORM FE -------------------SPACE ABOVE FOR RECORRIER MUrd?fCOR ---- -- P.W. File No. 8890 Development Department ✓ UGM No. 284 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK, FIRE STATION AND TRUNK SEWER FEES AND CREATION OF LIEN Tract No. 4108 Phase V of Tentative Tract No. 3876 Hampton Court No . 4 RECITALS WHEREAS, Robert A. McCaffrey and Karen McCaffrey, husband and wife; and John A. Bonadelle, a single man, hereinafter referred to as "the Covenantors, " are the owners 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. 4108 , consisting of Fifty Eight (58) lots; and WHEREAS, the Covenantors hereby warrant that any and all parties having record title interest in the Subject Property which may ripen t- 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 1�9 Covenant/UGM Fees Tract No . 4108 Page 2 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 the estimated amount of Thirty Two Thousand, Two Hundred Five and 49/100 , Dollars ($32 , 205 . 49) for the following: UGM Fire Station Fee Service Area No. 14 Zone District : R-1/UGM 13 . 49 Gross Ac @ $282 .00/Ac = $3 , 804 . 14 UGM Neighborhood Park Fee Service Area No. 5 Zone District: R-1/UGM 13 .49 Gross Ac @ $1. 695 .00/Ac = $22 , 865 . 55 UGM Trunk Sewer Fee Service Area: Cornelia Trunk Line Zone District : R-1/UGM 12 .44 Gross Ac @ $445 .00/Ac = $5, 535 . 80 Total Estimated Amount $32 ,205 . 49 ; and WHEREAS, Covenantors desire to have a Final Tract Map subdividing the Subject Property approved by the City of Fresno: and WHEREAS, Covenantors desire 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 Covenantors or their successors and assigns for such construction. I' S Covenant/UGM Fees Tract No. 9108 Page 3 COVENANTS, CONDITIONS, AND RESTRICTIONS For favorable action on, and approval of, the Covenantors ' Final Tract Map upon the Subject Property, as referred to hereinabove. Covenantors hereby covenant as follows: 1. All UGM Park, Fire Station and Trunk Sewer 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. Covenantors hereby waive any and all rights they 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 Covenantors hereby create 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 V ' Covenant/UGM Fees Tract No. 4108 Page 4 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 boudaries 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 . k C t r � Covenant/UGM Fees Tract No. 4108 Page 5 DATED: .3 j16S Accepted by: COVENANTORS CITY OF FRESNO a Municipal Corpo rtio�n ByJam, e Robert A. McCaffrey By George A. Kerber, Director Development Department By , K ren Caffr y APPROVED AS TO FORM: By Jo n A. Bonadelle HARVEY WALLACE City Attorney By <:::: eputy (Attach Notary Acknowledgement) STATE OF CALIFORNIA ) ss. COUNTY OF FRESNO ) On this MCCda of (X in the year before me personally appeared o personally known to me (or proved to me on the basis of satisfactor evidence) to be the c person who executed this instrument as Director of the Development Department and acknowledg4a to me that the City of Fresno executed it. 41 JACQUELINE L. RYLE, CMC Ci y Clerk d By 1 Deputy, LR:mv 2721D/550 ti - V • . 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: That portion of Lot 102 of J . C. Forkner Fig Gardens Subdivision No. 2, according to the map thereof recorded in Volume 8. Page 66 of Plats, Fresno County Records, described as follows: Beginning at the Northeast corner of said Lot 102; thence South 0' 49 ' 30" West along the East line of said Lot 102, a distance of 1.287.40 feet to the Southeast corner of said lot 102; thence South 89' 43 ' 00" West, along the South line of said Lot 102 , a distance of 297 . 38 feet to the intersection with a curve, whose radius point bears South 87' 27 ' 28" West; thence Northwesterly along said curve, concave to the Southwest, having a radius of 1, 370.00 feet, through a central angle of 29' 56 ' 24" . an arc distance of 715.90 feet; thence North O' 49 ' 30" East, a distance of 610.95 feet to the North line of said Lot 102; thence North 89' 41 ' 00" East, along said centerline, a distance of 520. 10 feet to the Point of Beginning. LR:mv 2698D/550 (Individual) ' STATE OF CALIFORNIA SS. COUNTY OF FRESNO AUGUST 25 1989 On r before me,the under- signed, a Notary Public in and for said State, personally appeared ROBERT A. McCAFFREY,_ KAREN Mr•C'AFFRFy i AND JOHN A. BONADELLE W J 6 ' apersonally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name S—aXftbscribed to •moo OFFICIAL SEAL the within instrument and acknowledged that —ttlf'�— R,. LZANIER e ted the same. NOTARY PUBLIC-CALIFORNIA f, WITNESS my hand and o . I seal. FRESNO COUNTY MY COMM. EXP. AUG. 22, 1993 Signature R. LANIER STC 67 Name (Typed or Printed) (This area for official notarial seal)