Loading...
HomeMy WebLinkAboutT-4251 - Agreement/Covenant - 7/7/2006 (2) 92160929 W-COMXUAt ���� k LANDMM TITLE COMPANY RETURN TO AT MIN. PAS. M CITY OF FRESNO DEVELOPMENT DEPARniENT OCT 2 2 1992 2600 Fresno Street FRESNO CA 93721-3604 FRESNO COUNTY.l:.w..FORNU WILLMU C.GREENWOOD. County R000rdK PLEASE CONFORM FE 8Y DEPU7r REOQRDE -------------------ABOVE SPACE FOR RECORDER'S USE----- P.W. File No . 9088 Development Department UGM No . 430 City of Fresno STATEMENT OF COVENANTS FOR UGM FIRE STATION AND PARKS FEES AND CREATION OF LIEN Tract No. 4251 Gazelle Estates RECITALS WHEREAS, CARL J. LIMATA and MARTHA LIMATA, Husband and Wife as community property, 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 . 4251, consisting of fifty-four (54) 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 Municipal Code in the estimated amount of Twenty-Six Thousand One Hundred Sixty-Four and 14/100 Dollars ($26, 164 . 14) for the following : Statement of Covenants UGM Fees and Creation of Lien Tract 4251 Gazelle Estates Page 2 UGM Fire Station Fee Service Area No. 14 Zone District : R-1/UGM 11. 67 Gross Ac @ $547 . 00/Ac = $6, 383 . 49 UGM Neighborhood Park Fee Service Area No. 5 Zone District : R-1/UGM 11 . 67 Gross Ac @ $1, 695 . 00/Ac $19 , 780 . 4-- Total 19 . 780 . 65Total Estimated Amount $26, 164 . 14 ; 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 and 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. 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 and Creation of Lien Tract 4251 Gazelle Estates 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 and Creation of Lien Tract 4251 Gazelle Estates 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: ( ct nl i 2, l 9 9 Z. COVENANTOR CITY OF FRESNO, a Muni al Corporation Carl J. Limata and Martha Limata, Husband and By Wife as community property Alvin P. Solis, Director Development Department By: APPROVED AS TO FORM: Ca Limata HARVEY WALLACE City Attorney By: Martha Limata Deputy (Attach Notary Acknowledgment) STATE OF 94LIFORNIA ss. COUNTY OF On this `�day of , in the year I"— the " — the undtrs i . a ifc i d fortwtly apoppeamd— personally known to me (Or proved to meto me on the basis of satisfactory evidence)to be the personwhose names SANDRA GLASS subscribed to the within instrument,and acknowledged to me thafn e Notary Ptt& executed ft, U Fresno County,Cafiiomia My Cow-Exp.May 26, 1995 WITNESS my hand and official s ACKNDWLEDGMENT—Gemral—Wakons Fam 233CA-rev.5.92 Notary Public in and for saidt te. 01982 WOLCOTTS.INC. (price cuss 8.2) Statement of Covenants UGM Fees and Creation of Lien Tract 4251 Gazelle Estates Page 5 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss . CITY OF FRESNO ) On this soL day. of 0in the year /99 Z- before me d.4� personally appeared o personally known to me (or proved to ffie 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 D puty LR:nfm:crm LAND237/+3782 GL2 L25 or L27 and L29 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 East one-half of Lot 304, Lot 305 and the East 265 . 00 feet of Lot 313 of J.C. Forkner Fig Gardens Subdivision No. 3, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Volume 8, page 70 of .Plats, Fresno County Records.