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Home My WebLink AboutT-4138 - Agreement/Covenant - 7/5/2006 (2) CENTRAL 1J1.0 COMPANY � 90152881 T .......MIN. PAST... . ..M DEC 141990 FRESNO COUNTY.CALIFORNIA GALEN LARSON,County Recorder F PLEASE CONFORM ( $ BY DEPUTY RECORDER -------------------SPACE ABOVE FOR RECORDER'S U - ---------------- P.W. File No. 8947 Development Department UGM No. 390 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK, FIRE STATION AND TRUNK SEWER FEES AND CREATION OF LIEN Tract No . 4138 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 . 4138, consisting of Two Hundred Seventy (270) 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, 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 l Covenant/Tract No . 4138 UGM Park, Fire Station & Trunk Sewer Fees Page 2 the estimated amount of One Hundred Six Thousand Eighty-Three and 20/100 Dollars ($106, 083 . 20) for the following: UGM Fire Station Fee Service Area No . 2 Zone District : R-1/UGM Lots : 163-188, 192-194 , 221, 225-235 and 237-243 17 . 13 Gross Ac @ $278 . 00/Ac = $4 , 762 . 14 Service Area No . 14 Zone District : R-1/UGM (All lots in Tract No . 4138 Not Service Area 2) 48 . 20 Gross Ac @$547 . 00/Ac = 26 , 365 . 40 UGM Neighborhood Park Fee Service Area No . 6 Zone District : R-1/UGM 65 . 33 Gross Ac @ $1, 132 . 00/Ac = $73 , 953 . 56 UGM Trunk Sewer Fee Service Area : Cornelia Trunk Line Zone District : R-1/UGM 61 . 50 Gross Ac @ $445 . 00/Ac - $27, 367. 50 Total Estimated Amount $106 , 083 . 20; 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, Fire Station and Trunk Sewer fees until such time that the issuance of building permits is requested by the Covenantor or his successors and assigns for such construction. Covenant/Tract No . 4138 UGM Park, Fire Station & Trunk Sewer Fees Page 3 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, 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 . 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 . Covenant/Tract No . 4138 UGM Park, Fire Station & Trunk Sewer Fees Page 4 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 . 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 . Covenant/Tract No . 4138 UGM Park, Fire Station & Trunk Sewer Fees Page 5 DATED: <iL;�l/ • ,�S. /99U Accepted by: COVENANTOR CITY OF FRESNO ASSEMI D VELOPMENT INC. a Municipal or ion Cal ' nia or ration By \ Alvin P. Solis, Director Development Department Fari Assemi, President APPROVED AS TO FORM: HARVEY WALLACE City Attorney By Deputy (Attach Notary Acknowledgement) STATE OF CALIFORNIA ) ) ss . COUNTY OF FRESNO ) On this ��% day of in the year /9i'0 , before me , personally appeared Al, 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, CMC City Clerk By Deputy STATE OF CALIFORNIA t COUNTY OF Fresno ss. On this 29 th day of October in the year 1990 - hclbrc me, the undersigned• a Notary Public in rn and for said County and State. Personally appeared Farid A--,(-,mi personally known > to me (or proved to me on the basis of satisfactory evidence) to be the z a Z President,andt tiojV s: ;1y t �t 02 . U 1,- i �,a� NOTARY i'UUl_IC C personally known to me (or Proved to me on the basis of satisfactory ='�;'` r;:.': t 4 \ li g 1 4t: ;O CCUlI 1Y, C.;_rCiiidiA i) evidence) to he Otte Secretary of the corporation that executed the within Instrument, and __ My T,;SSvn Fn'e,J n. 15, 1934 j� Q u acknowledged to me that such corporation executed the within instru- ment pursuant in its by-laws or a resolution of its board of directors. z W J n Signatu 1 ANnREW J AGLIA t 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 672 through 678 and Lot 710 through 717 of Bullard Lands Irrigated Subdivision No. 6 , according to the map thereof recorded in Volume 8 0£ Plats at Page 25, Fresno County Records, described as follows : BEGINNING at the West Quarter Corner of Section 1, Township 13 South, Range 19 East; Mount Diablo Base and Meridian; thence North 89' 56 ' 07" East, a distance of 1140 .31 feet to the Point of curvature of a curve concave to the Southwest having a radius of 1250 . 00 feet; thence Southeasterly along said curve through an interior angle of 680 04 ' 15" and an arc distance of 1485 . 08 feet to the Point of Tangency of said curve; thence South 210 59 ' 38" East, a distance of -577 . 71 feet; thence 890 58 ' 51" West, a distance of 2526 . 88 feet to a point on the West line of said Section 1; thence North 000 25 ' 30" East along the West line of said Section 1, a distance of 1317. 12 feet to the TRUE POINT OF BEGINNING . EXCEPTING from Lots 672 through 674 and Lots 714 through 717, an undivided one-half of all the minerals, gas-, oils , petroleum, naphtha and other hydrocarbon substances in, on or under said parcel, as reserved in the Deed from Security-First National Bank of Los Angeles, a National Banking Association, to W. E. Roberts and Clarice Roberts, his wife, as joint tenants, dated November 15 , 1940, recorded December 19 , 1940 in Book 1883 , Page 132 of official records, Document No. 37544 . . LR:mv LAND20/466+