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HomeMy WebLinkAboutT-4223 - Agreement/Covenant - 7/7/2006 (2) 910'72641 T LMIN. PAST M JZUN 19 199 FR_o.ry L,%JUfV fY,CALI:QRNIA WILLIAM C.GREENWOOD,County Recorder PLEASE CONFORM -------------------ABOVE SPACE FV1PE§W�VdWE1WE§ --------------- P.W. File No. 9060 Developm t Department UGM No. 392 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK FEES AND CREATION OF LIEN RECITALS WHEREAS, BENART-FRESNO REALTY GROUP III, 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. 4223 , consisting of Twenty-Eight (28) 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 Covenant/UGM Park Fees Tract No. 4223 Page 2 estimated amount of Ten Thousand Nine Hundred Ninety-Seven and 96/100 Dollars ($10, 997. 96) for the following : UGM Neighborhood Park Fee Service Area No. 1 Zone District: R-1/UGM 9 . 98 Gross Ac @ $1, 102 . 00/Ac = $10, 997. 96 Total Estimated Amount $10, 997. 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 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 . Covenant/UGM Park Fees Tract No. 4223 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 unenforceability of any one provision or portion thereof shall not Covenant/UGM Park Fees Tract No. 4223 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: :�2j CITY OF FRESNO, COVENANTOR a Municipal Corporation BENART-FRESNO REALTY GROUP III By a California Limited Alvin P. Solis , Director Partnership Development Department By Benart Development Company a California General APPROVED AS TO FORM: Partnership, General Partner HARVEY WALLACE City Attorney By .s i 1 l i.am nn-ay a By ��I�JG/ Managing General Partner Deputy LR:mv LAND114/1768+ (Attach Notary Acknowledgment) CAT. NO.NNO0637 TO 1955 CA (1-85) Jr TICOR TITLE INSURANCE (Partnership as a Partner of a Partnership) STATE OF CALIFORNIA COUNTY OF TUL16M } Ss. On APRIL 23, 1991 before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM A. BENNAYAN r personally known to me or proved to me on the basis of satisfactory e%idence to be the person who executed = the within instrument as Managing Partner of tWxpmcxxxsmf ........... BENART DEVELOPMENT COMPANY "`'"`' the partnership that executed the within instrument, and acknowledged to me that they executed executed the same on behalf of BENART—FRESNO REALTY GROUP III BET+�Y R. McHRNRY a partnership, and that NOTARY PUBLIC said last named partnership executed the same. TULARE COUNTY.CALMRS1A WITNESS my d and offici d seal. My Commission Expires Sept 21991 Signat BE R. MC HENRY 7 (This area for official notarial seal) Covenant/UGM Park Fees Tract No. 4223 Page 5 CLERK' S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss . CITY OF FRESNO ) On this OHI- day of in the year before me — irr i7Lurnbcc , 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 Deputy LR:mv LAND114/1768+ : . 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 : The West half of Lot 37 of Perrin Colony No . 2, in the City of Fresno, County of Fresno, State of California, as per map recorded in Book 4 , Page 68 of Plats, in the Office of the County Recorder of said County.