The URL can be used to link to this page

Home My WebLink AboutT-4186 - Agreement/Covenant - 7/5/2006 (2) ` CENT RAL 7t? E (,GPANY ... 90052249 A ..._.---• MiN. PAST... . ..M MAY 0 4 1990 FRESht._ut . ,uNNIA GALEN LARSON.County Recorder PLEASE CONFORM BY DEPUTY RECORDER -------------------SPACE ABOVE FOR RECORDER' S USE------------------- P.W. ------P.W. File No . 9014 Development Department UGM No . 243 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK AND FIRE STATION FEES AND CREATION OF LIEN Tract No. 4186 RECITALS WHEREAS, 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. 4186, 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 Fresno Municipal Code in the estimated amount of Eighty-Eight Covenant/T-4186 UGM Park & Fire Station fees Page 2 Thousand Seven Hundred Fifteen and 34/100 Dollars ($88, 715 . 34) for the following : UGM Fire Station Fee Service Area No. 14 Zone District: R-2/UGM 16 .29 Gross Ac @ $2 , 056 . 00/Ac - $33 ,492 .24 UGM Neighborhood Park Fee Service Area No. 5 Zone District: R-2/UGM 16. 29 Gross Ac @ $3 ,390. 00/Ac - $55, 223 . 10 Total Estimated Amount $88, 715 .34 ; 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 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 Covenantor 's 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/T-4186 UGM Park & 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/T-4186 UGM Park & 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 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: O-A2 41 t Accepted by: COVENANTOR CITY OF FRESNO LEE INVESTMENT COMPANY, a Municipal C rpor n a California Limited Partnership By Alvin P. Solis, Acting Director By Development Department Richard K. Ehrlich General Partner APPROVED AS TO FORM: HARVEY WALLACE t' City Attorne By Deputy (Attach Notary Acknowledgement) STATE OF CALI COUNTY OF SS. C WTC WORLD TITLE COMPANY On � � / � before me, NY a the undersigned, a P plicin d fo i ty dSt te, N personally appeared FON NOTARY SEAL OR STAMP W ❑ personally known to me; improved to me on the basis of satisfactory evidence, as to be the general partner(s)of the limited partnership that executed W the within instrument,and acknowledged to me that such partnership executed the same. JEFFICIAL NNMEA.J0t1''tS NOTARY PUBLIC•CALIFORM //% �Q� ' LOS ANGELES COUNTY Signature &V Com.Expirn July 31,1992 N r Name(Typed or Printed) Notary Public in and for said County and State �; Covenant/T-4186 UGM Park & Fire Station fees Page 5 STATE OF CALIFORNIA ) ss . COUNTY OF FRESNO ) On thia day of otic '' , in the year r��10 , 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 Acting Director of the Development Department and acknowledged to me that the City of Fresno executed it. JACQUELINE L. RYLE, CMC City Clerk By Deputy LR:mv 6048D/630 II .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 : Parcel 1: Lot 536 and the East 156 . 93 feet of Lot 537 of Bullard Lands Irrigation 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 . Parcel 2 : Lot 535 of Bullard Lands Irrigation 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 . Parcel 3 : Lot 546 of Bullard Lands Irrigation Subdivision No. 6 in the City of Fresno, County of Fresno, State of California, according to the map recorded in Volume 8, Page 25 and 26 of Plats, Fresno County Records . LR:mv 6067n/632