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Home My WebLink AboutT-4217 - Agreement/Covenant - 7/7/2006 (2) ' 495 RTo: 94002200 CITY OF FRESNO DEVELOPMENT DEPAR111Q�M2600 Frewo Strea M FRESNO CA 93721-604 -� FRESNO COUNTY.CALIFOFM WILUAAJW C.GREENWOOD,County -------------------ABOVE SPACE FOR RY8 RDEPqrrtmentt ---- P.W. File No . 9095 Development Dep UGM No . 507 City of Fresno STATEMENT OF COVENANTS FOR UGM FIRE STATION AND PARK FEES AND CREATION OF LIEN Tract No . 4217 A Planned Development RECITALS WHEREAS , THE MCCAFFREY COMPANY, a General Partnership and BONADELLE DEVELOPMENT CORPORATION, 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 . 4217 , consisting of Eighty-One ( 81) 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 Fire Station and Park fees pursuant to Sections 12-4 . 508 and 12-4 . 509 of the Fresno Statement of Covenants Tract No . 4217/UGM 5074 Page 2 Municipal Code in the estimated amount of Thirty-Six Thousand Nine Hundred Six and 96/100 Dollars ($36 , 906 . 96) for the following : UGM Fire Station Fee Service Area No . 16 Zone District : R-1/UGM 14 . 93 Gross Ac @ $1 , 242 . 00/Ac = $18 , 543 . 06 UGM Neighborhood Park Fee Service Area No . 4 Zone District : 14 . 93 Gross Ac @ $1 ,230 . 00/Ac = $18 , 363 . 90 Total Estimated Amount $36 , 906 . 96 ; 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 Fire Station and 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 Fire Station and 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 . Statement of Covenants Tract No . 4217/UGM 5074 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 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 . Statement of Covenants Tract No . 4217/UGM 5074 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: I's , !993 CITY OF FRESNO, COVENANTOR a Municipal Corporation THE MCCAFFREY COMPANY, a By General Partnership, as to an Alvin P . Solis , Director undivided one-half interest Development Department APPROVED AS TO FORM' By: _ Robert A. McCa ey JAM P .arney General Partner Cit t By By: 42 Deputy Ka ren McCa f t rey General Partner- BONADELLE DEVELOPMENT CORPORATION, a California Corporation, as to an undivided o -half interest By: o n B6nadelle, resident (Attach Notary Acknowledgment) Statement of Covenants Tract No . 4217/UGM 5074 Page 5 CLERK' S CERTIFICATE STATE OF CALIFORNIA ) ss . COUNTY OF FRESNO ) On 2. 1993 , before me, &4- personally appearedAC.L pLyrsonally known to me (or provided to me on the basis of satisfactory evidence) to be the persons () whose name(,) is/-a-� subscribed to the within instrument and acknowledged to me that he/ h -�- executed the same in his/h"MEh�f- authorized capacity(�e� , and that by his/haz-Ar signature(,V? on the instrument (s) the person(,) , or the entity upon behalf of the CITY OF FRESNO of which the person(,9) acted, executed the instrument . WITNESS my hand and official seal . JACQUELINE L . RYLE, CMC CITY CLERK By DEPUTY LR :crm LAND410/+6556 GL2 L25 or L27 and L29 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No Fpersonalify alifornia ��OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Fresno Though statute does not require the Notary to rill in the data below,doing so may prove invaluable to personsrelying on the doaanenL mber I7 , I993 Janet L. Ayello INDIVIDUAL before me, ❑ TE NAME.TITLE OF OFFICER•E.G..'JANE DOE.NOTARY PUBLIC Robert A. and Karen McCaffrey ❑CORPORATE OFFlCER(S) appeared NAMES)OF SIGNER(S) TITLE(S) impersonally known to me-OR-❑ proved to me on the basis of satisfactory evidence PARTNER(S) ❑ LIMITED to be the person(s) whose name(s) is/are IgGENERAL subscribed to the within instrument and ac- ❑ATTORNEY-IN-FACT knowledged to me that heist e/they executed ❑TRUSTEE(S) the same in Me-her/their authorized ❑GUARDIANCONSERVATOR capacity(ies), and that by i'lis>ther/their ❑OTHER: signature(s) on the instrument the person(s), JANET L A'fW '0 or the entity upon behalf of which the Q conn,,i 997391 person(s) acted, executed the instrument. � - N°r"��ot�'w,.I+naal► � SIGNER IS REPRESENTING: d tb oma Elolrn spE to.im-A WITNESS my hand and official seal. NAME of PEASON(S)OR ENTTTY(IES) The McCaffrey Co . SIGNATURE OF TARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES DATE OF DOCUMENT Though the data requested here is not required by law. it could prevent fraudulent reattachment of this torn. SIGNER(S)OTHER THAN NAMED ABOVE V1992 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91304 STATE OF CALIFORNIA LU COUNTY OF FRESNO } S.S. n y 3 On Noven ber 12 1993 before me. Y Anna M. Renna a a Notary Public in and for said County and State,personally appeared 0R NOTARY SEAL OR STAMP John 3onadeL'a Jr. a personally <nown to me for proved to me on the oasis of satisfactory avldencel m oe the persoMs)whose narnedsl islare subscribed to the ,vlthln instrument and acknaw(edged to me that he/sheAhey executed FAl - ANNA IRENNA .he same n nrslherRerr authorized capactyfms).and that by Ms/herh41 � L �stgnatureis)on:he nstrumentthe personls),orthe entityupon benalt O LM IN 7t Mrncn : :h he oersonisl acted. executed e ;nstrument. 4ESNO^LINTY Ea 44 ICL NI—NESS �v -and .and _,ifict - Signat4r9 Tract No . 4217 P .W. No . 9095 EXHIBIT "A" The Subject Property referred to in these Covenants are situated in the State of California , County of Fresno , City of Fresno and is described as follows : The South half of the Southwest quarter of the northeast quarter of Section 15 , Township 13 South, Range 19 East , Mount Diablo Base and Meridian, according to the United States Government Township Plats; EXCEPTING THEREFROM the South 30 feet thereof; AND ALSO EXCEPTING THEREFROM the following described property: BEGINNING at the northwest corner of said South half of the southwest quarter of the northeast quarter of Section 15, thence South 00 07 ' 50" West , along the West line thereof, a distance of 165 . 92 feet to the northwest corner of land conveyed to Gordon Dean Englemann, by deed recorded June 5 , 1970 , in Book 5792 , Page 450 , of Official Records, Document No . 39025 ; thence along the North line of said land, South 890 57 ' 32" East, a distance of 1311 . 87 feet, more or less , to a point on the East line of said South half of the southwest quarter of the northeast quarter of Section 15 ; thence North 00 04 ' 20" East , along said East line, a distance of 166 . 16 feet to the northeast corner thereof ; thence North 890 58 ' 10" West , along the North line of said South half of the southwest quarter of the northeast quarter of Section 15 , a distance of 1311 . 70 feet, more or less, to THE POINT OF BEGINNING . 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