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Home My WebLink AboutT-4112 - Agreement/Covenant - 6/27/2006 (2) MURNTO: 93139722 CITY OF FRESNO DEVELOPAMU DEPARTMENT IlT BIW. r1993 2600 Fre®o Shodf rlFRESNO CA 93721-3604SEP 1 FMSW C"TY.C LOOF NA WLt1AU C.QMNW000.C"r ll PLEASE CONFORM QY 06Rifl► -------------------ABOVE SPACE FOR RECORDER'S USE----------- ------- P.W. File No . 8902 Development Department UGM No . 450 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK FEES AND CREATION OF LIEN RECITALS WHEREAS, CENTEX REAL ESTATE CORPORATION, a Nevada 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 . 4112 , consisting of One Hundred Fifteen (115) 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 Park fees pursuant to Section 12-4 . 509 of the Fresno Municipal Code in the estimated amount of Forty Thousand Nine Hundred Sixty-Five and 00/100 Dollars ($40 , 965 . 60) for the following : n: .:Waruw1 "CRANI Ur Statement of Covenants UGM Fees Deferral Tract No. 4112/UGM 450 Page 2 UGM Neighborhood Park Fee Service Area No. 7 Zone District: R-1/UGM 24 .24 Gross Ac @ $1, 690 . 00/Ac $40,965 . 60 Total Estimated Amount $40,965 . 60; 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 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 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 . Statement of Covenants UGM Fees Deferral Tract No . 4112/UGM 450 Page 3 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 . 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 . Statement of Covenants UGM Fees Deferral Tract No. 4112/UGM 450 Page 4 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: /�93 CITY OF FRESNO, COVENANTOR a Municipal Corporation TER REAL ESTATE CORPORATION By k A/ A Nevada orporation lAlvi Sol ' , Dir ctor e Development Department By: APPROVED AS TO FORM: An rew D. Mapga Division Pr side JAMES P. LOUGH California entra City Attorney Valley Divi ' on B ., ��I� By: Deputy Gaylon Hull , Controller California Central Valley Division (Attach Notary Acknowledgment) Statement of Covenants UGM Fees Deferral Tract No. 4112/UGM 450 Page 5 CLERK' S CERTIFICATE STATE OF CALIFORNIA ) ss . COUNTY OF FRESNO ) On September 1 1993 before me, Cindy Hamby personally appeared Mark I. Williamson, Acting Public Works Director personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons QO whose name(,) is/ate subscribed to the within instrument and acknowledged to me that he/ executed the same in his/h--6 4he-i r authorized capacity(i -&), and that by his/''. ear.4the' r-- signature( on the instrument(,K) the person(t) , or the entity upon behalf of the CIT OF FRESNO of which the person() acted, executed the instrument. WITNESS my hand and official seal . JACQUELINE L. RYLE, CMC CITY CLERK By C4, /` �2-�� -�- EPUTY LR:crm:et LAND321/+5126 GL2 L25 or L27 and L29 Revised: 06/09/93 Tract No . 4112/UGM 450 P.W. File No. 8902 EXHIBIT A The Subject Property referred to in these covenants is situated in the State of California, County of Fresno, City of Fresno and is described as follows : Lot 6 and the East one half of Lot 7 in GARFIELD PARK COLONY, Section 25, Township 12 South, Range 20 East, Mount Diablo Base and Meridian, in the County of Fresno, State of California, according to the map thereof recorded in Book 2, Page 66 of Record of Surveys, Fresno county Records . EXCEPTING THEREFROM: The East 440 .00 feet of the North 580.00 feet of Lot 6 thereof . ALSO EXCEPTING THEREFROM that portion of the East half of Lot 7 of GARFIELD PARK COLONY according to the map thereof recorded in Book 2, Page 66 of Record of Surveys, records of said County, more particularly described as follows : BEGINNING at the Northwest corner of the East half of said Lot 7; thence South 00' 01 ' 09" West, along the West line of the East half of said Lot 7, a distance of 80 . 00 feet to the TRUE POINT OF BEGINNING of this description; thence continuing South 00' 01' 09" West, along said West line, a distance of 138.00 feet; thence South 890 58 ' 51" East, a distance of 100 .00 feet; thence North 00' 01' 09" East, a distance of 127 . 24 feet; thence North 450 15 ' 03" West, a distance of 16. 53 feet; thence South 89' 27 ' 24" West, parallel with and 80 . 00 feet South of the North line of said Lot 7, said line also being the North line of the Northwest quarter of Section 25, Township 12 South, Range 20 East, Mount Diablo Base and Meridian, a distance of 88 . 26 feet to the TRUE POINT OF BEGINNING. LR:crm LAND321/+5125 DEC-29-1992 12:00 FROM CITY WATER DIVISION TO 94881020 P.02 City Of. as TO: LOUIS ROCHA, Senior Engineering Technician, Development Department/Land Division Section FROM: MARTIN MCINTYRE, Water System Supervisor II Public Utilities Department/Water Division SUBJECT: FEE CREDITS FOR T-4112 Title to well site 128 has been conveyed to the City. This satisfies a requirement of this tract. The site dedication is eligible for a fee credit against UGM Water Well Supply Charges up to $17,500. Call if you have questions. MRM/mrm h':\prd\wells\178\corres\£eecredt.wp . C. Doug Kirit, Water System Supervisor I