HomeMy WebLinkAboutT-4212 - Agreement/Covenant - 7/7/2006 (3) a i
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C8'940 TITLE
CITY OF FRESNO ry AT MIN n1cT M
DEVELOPMENT DEPARTMENT OCT 12 1992
2600 Fresno Street
FRESNO CA 93721-3604 FKSW Coro+ ...%_if0 A1A
YVUJW C.GREENWOOD;County Rowder
PLEASE CONFORM •,,,�,� ,
-------------------ABOVE SPACE FOR RECM $
P.W. File No. 9086 Development Department
UGM No . 395 City of Fresno
STATEMENT OF COVENANTS
FOR UGM PARK FEES
AND CREATION OF LIEN
Tract No.-' 4212
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 . 4212 ,
consisting of Ninety-Six (96) 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 in the
estimated amount of Thirty-Two Thousand Nine Hundred Thirty-Seven
and 53/100 Dollars ($32 , 937. 53) for the following :
Statement of Covenants
UGM Fees Deferral
Tract No . 4212/UGM 395
Page 2
UGM Neighborhood Park Fees
Service Area No . 7
Zone District : R-1/UGM
20 . 06 Gross Ac @ $1, 690 . 00/Ac $33 , 901 .46
Less Early Issuance of
Building Permit [$963 . 87]
Lots : 93 , 94 and 95
Net Park Fees Deferred by Covenant $32, 937. 53
Total Estimated Amount $32 , 937. 53 ; 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 .
Statement of Covenants
UGM Fees Deferral
Tract No . 4212/UGM 395
Page 3
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 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
Statement of Covenants
UGM Fees Deferral
Tract No. 4212/UGM 395
Page 4
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:
CITY OF FRESNO, COVENANTOR
a Municipal �Co�rp otion
CENTEX REAL ESTATES CORPORATION
By a Neva ration
Alvi olis, Director
Development Department
By:
APPROVED AS TO FORM: Ron L. Peterson
Vice President
HARVEY WALLACE
City Attorney
B/--� (Attach Notary Acknowledgment)
deputy
Statement' of Covenants
UGM Fees -Deferral
Tract No. 4212/UGM 395
Page 5
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
On t _ day of �� in the year oZ 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
6
O
By
Deputy
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ALL-PURPOSE ACKNOWLEDGMENT
State of California CAPACITY CLAIMED BY SIGNER
county of `1 ud Arm
p INOMDUJLL(S) � .�
i P o•t&r �u b-(�c, ® CCRPORAT� (f i U �
On q � � ��Z- before me, dt� � � OFF
o.Tc �e mu of afxuaa•�ooE, �
O PARTNERS
personally appeared �Dn 1-• t`4fr�ari. O ATTORNEY-IN-FACT
O TRUSTEE(S)
impersonally known to me -OR -O proved ID me on the basis of sawactory
evidence to be the person(S)whose name(t) p GUAROKWCONSERVATOR
M*9-subscribed ID wittrin instrument and p OTHER;
acknowledged to me that hOF '--1Wthey executed
OFRcu�NOTARY SEAL the same in hisJiaer 8j*audulzed ,
_r�orT cam. capacity ,and that by hisJt�efRt�eir
TULARE COUNTY signah reig on the instrument the person(4, SIGNER IS REPRESENTING:
&V Mom '" '""s°•' or the entity upon behalf of which the UK ori 01
PersOCK acted, executed the instrument.
WITNESS HAND AND UNCIAL SEAL.
Tract No. 4212
P.W. No. 9086
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 11 of Garfield Park Colony, according to the map thereof recorded
in Book 2, page 66 of Record of Surveys, Fresno County Records.
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