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Home My WebLink AboutT-4125 - Agreement/Covenant - 6/27/2006 (2) REVORUEL A I Ki.,4 ,I ur CENTRAL TITLE COMPA lw t RRTURN TO: CrrY of FRESNO AT_____MIN cfAcT _ M DEVELOPMENT DEPARTMENT 26M F > o nim 92056933 A,RR 3 U 1992 FRESMu%;uun... _ _.r.)RNtA ply WILLIAM C.GREENW000.County Recorder PLEASE CONFORMw F E -------------------ABOVE SPACE FOR REMW 'Ne --s ---------- P.W. File No . 8916 Development Department UGM No . 372 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK FEES AND CREATION OF LIEN Tract No . 4125 RECITALS WHEREAS, ASSEMI DEVELOPMENT, 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 . 4125, consisting of One Hundred Five (105) 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-Five Thousand Six Hundred Sixty-Three and 80/100 Dollars ($45, 663 . 80) for the following : Statement of Covenants UGM Park Fees Deferral Tract No . 4125/UGM 372 Page 2 UGM Neighborhood Park Fee Service Area No. 7 Zone District : R-1/UGM 27 . 02 Gross Ac @ $251 . 00/Ac $45, 663 . 80 Total Estimated Amount $45, 663 . 80; 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 Park Fees Deferral Tract No . 4125/UGM 372 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 Statement of Covenants UGM Park Fees Deferral Tract No . 4125/UGM 372 Page 4 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: Aorl CITY OF FRESNO, COVENANTOR a Municipal Corpora on A EMI DEVEL T, INC. a C rpor tion By Alvin o s, Director Development Department By: F irid Assemi , President APPROVED AS TO FORM: HARVEY WALLACE City Attorney By �� (Attach Notary Acknowledgment) Deputy CORPORATE ACKNOWLEDGMENT State of Cay T FERN IA On this the___23 day of MARCH 1912 ,before me, i Y SS. WANDA D. POTTS ti County of FRESNO the undersigned Notary Public,personalty appeared V FARID ASSEMI personally known to me p proved to me on the basis of satisfactory evidence Y SEAL. to be the person(s)who executed the within instrument as i v; D. PUTTS r ry �uii^--CzSiforn,a y+ or on behalf of the corporation therein �y Fhzc,.;p BOUNTY ' named,and acknowledged to me that the corporation executed it. .._�' A!y Ccrmm.Expires NUv 25,196. WITNESS hand and Offici al. Notaryrs Signature Z n ATTENTION NOTARY:Although the information requested below is OPTIONAL,it could prevent fraudulent attachment of this certificate to another document. 1' 1 THIS CERTIRCATE Title or Type of Document i. MUST BE ATTACHED �. Number of Pages Date of Document �•, TO THE DOCUMENT DESCRIBED AT RIGHT: Signers)Other Than Named Above O NATIONAL NOTARY ASSCCIATICNO•W 6 Rrm w Ave•P.O.Bos 7164•C4noga Park,CA 91304.7164 Statement of Covenants UGM Park Fees Deferral Tract No . 4125/UGM 372 Page 5 CLERK' S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss . CITY OF FRESNO ) On this a day of ax" in the year !g192 before me , personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as Director of the Development Department and acknowledged to me that the City of Fresno executed it . JACQUELINE L. RYLE City Clerk By L_cm Deputy LR:crm LAND242/+3866 GL2 L25 or L27 and L29 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 4 of Perrin Colony No . 2, in the County of Fresno, State of California, according to the Amended Map recorded in Volume 4, Page 68 of Plats, Fresno County Records . Excepting therefrom all that portion of said Lot 4 , of Perrin Colony No . 2, lying East of ditch running through said lot as said ditch, is shown on recorded map. TOGETHER WITH: That portion of Lot 4 of Perrin Colony 2, in the County of Fresno, State of California, lying East of the ditch running through said lot, according to the Amended Map thereof recorded in Volume 4 , Page 68 of Plats, Fresno County Records . Excepting the South 295 . 00 feet thereof as measured along the East line of said lot . TOGETHER WITH: The South 295 .00 feet of Lot 4 according to the Amended Map of Perrin Colony No . 2 , in the County of Fresno, State of California, according to the map thereof recorded in Volume 4 , Page 68, of Plats, Fresno County Records, lying East of ditch running through said lot as said ditch was located on February 1, 1955 . TOGETHER WITH: The West 198 feet of the East 462 feet of Lot 20 of Perrin Colony No.2, in the City of Fresno, County of Fresno, State of California, according to the Amended Map thereof recorded in Volume 4 Page 68 of Plats, Fresno County Records . TOGETHER WITH: The East 264 feet of Lot 20 of Perrin colony No. 2, in the County of Fresno, State of California, according to the Amended Map thereof recorded in Volume 4 , Page 68 of Plats, Fresno County Records . LR:crm LAND242/+3872