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Home My WebLink AboutT-4282 - Agreement/Covenant - 7/6/2006 (2) RECONOEL ki rii.4:A-41 ur W= AA$ALAN TITLE URANCE COMPANY 92047410 AT C--- IN PA qT VM A P R 14 1892 FRESNv CUUN i r.....-Or ORNIA WILLIAM 0.GREENWOOD.County Recorder PLEASE CC}NF011M on FE �'�%� ' BY DEPUTY RECORD -------------------AB SPACE FOR RECORDER'S USE----- --------- P.W. File No . 9247 Development Department UGM No. 449 City of Fresno STATEMENT OF COVENANTS FOR UGM FIRE STATION AND PARK FEES AND CREATION OF LIEN Tract No. 4282 Monte Vista No. 30 RECITALS WHEREAS, PIERCE LATHING COMPANY, a California Corporation, doing business as Pierce Enterprises, 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. 4282, consisting of Ninety-Two (92) lots and two (2) Outlots; 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 UGM Fees Deferral Covenants Tract No . 4282/UGM 449 Monte Vista No . 30 Page 2 Municipal Code in the estimated amount of Forty-Seven Thousand Three Hundred Fifty-Nine and 73/100 Dollars ($47,359 . 73) for the following : UGM Fire Station Fee Service Area No. 16 Zone District : R-1/UGM 20 . 0 Gross Ac @ $1,242 .00/Ac = $24 , 840 . 00 Less Early Issuance of Building Permits (Lots 73-76) _ [$ 1, 045 .191 Net Fees Deferred by Covenant = $23 , 794 . 81 UGM Neighborhood Park Fee Service Area No. 4 Zone District : R-1/UGM 20 . 0 Gross Ac @ $1,230. 00/Ac $24 , 600 . 00 Less Early Issuance of Building Permits (Lots 73-76) _ [$ 1, 035 . 081 Net Fees Deferred by Covenant $23, 564 . 92 Total Estimated Amount $47,359 . 73; 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 : UGM Fees Deferral Covenants Tract No . 4282/UGM 449 Monte Vista No . 30 Page 3 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 . 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 stall inure solely to the benefit of the City of Fresno . There are no third party beneficiaries of said obligations nor shall the r_ght of j t UGM Fees Deferral Covenants Tract No . 4282/UGM 449 Monte Vista No . 30 Page 4 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 affect the validity or enforceability of any one provisions hereof . CORPORATE ACKNOWLEDGMENT W.W2 State of California On thisthe6th day of March 92 19_;before me, ' _ County of FrPsne SYLVIA LAMAS � - %the undersigned Notary Public,personally appeared R . KENT KURZ X] personally known to me oFFWAALSM 0 proved to me on the basis of satisfactory evidence SYLVIA LAMAS • TARY YUBUCrCAU� to be the person(s)who executed the within Instrument as FRESNO COUNTY Secretary or on behalf of the corporation therein ` MY C'JM`�I. EXP. MAY 23 19 named,and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. azty� Notary's Signature UGM Fees Deferral Covenants Tract No . 4282/UGM 449 Monte Vista No . 30 Page 5 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: yqlJ/1GL! + /f/ COVENANTOR CITY OF FRESNO, a Municipal Corp ation PIERCE LATHING COMPANY A California Corporation By doing business as, Alv P. Solis, Director Pierce Enterprises Development Department APPROVED AS TO FORM: By: HARVEY WALLACE R. Kent Kun , Sec City Attorney By Deputy (Attach Notary Acknowledgment) UGM Fees Deferral Covenants Tract No. 4282/UGM 449 Monte Vista No . 30 Page 6 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss . CITY OF FRESNO ) On. this 7' da of in the year 1992- 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 '. By LR:nfm:crm LAND226/+3672 GL2 L25 or L27 and L29 I EXHIBIT "A" The real property referred to in these covenants . is situated in the State of California, County of Fresno, City of Fresno, as is described as follows : PARCEL 1: The Southwest quarter of the Northeast quarter of the Southeast quarter of Section 22, Township 13 South, Range 19 East, Mount Diablo Base and Meridian, according to the United States Government Township Plats . PARCEL 2 • The Northwest quarter of the Northeast quarter of the Southeast quarter of Section 22, Township 13 South, Range 19 East, Mount Diablo Base and Meridian, according to the United States Government Township Plat . LR:nfm LAND226 :3670