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HomeMy WebLinkAboutT-4320 - Agreement/Covenant - 7/5/2006 (3) RWrURN TO. 92113956 REcmkL^4 1tw,t'il uf CITY OF FRESNO WORLD YnE COMPANY i DEVELOPMENT DEPARTDMW 2600 Fremo Sired FRESNO CA 93721.3604 AT N. PACT AUG 14 1992 RREpM CQUa...� •• JfW1A PLEASE CONFORM WILLIAM C.GREENWOOD.CoumY RO -------------------ABOVE SPACE1 - ------------- P.W. File No . 9211 Develop a Department UGM No. 426 City of Fresno STATEMENT OF COVENANTS FOR UGM FIRE STATION AND PARK FEES AND CREATION OF LIEN Tract No. 4320 Phase I of Tentative Tract No. 4320 VILLAGE GREEN RECITALS WHEREAS, TnT VENTURES, a California General 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 . 4320 , consisting of fifty ( 50) 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 Five Thousand Four Hundred Thirty Six and 88/100 Dollars ($25 , 436 . 88) for the following : j Statement of Covenants Tract No . 4320 Phase I of Tentative Tract No . 4320 Page 2 UGM Fire Station Fee Service Area No . 16 Zone District : R-1/UGM 10 .29 Gross Ac @ $1, 242 . 00/Ac = $12 , 780 . 18 UGM Neiahborhood Park Fee Service Area No. 4 Zone District : R-1/UGM 10 .29 Gross Ac @ $1, 230 . 00/Ac = $12 , 656 . 70 Total Estimated Amount $25, 436 . 88; 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. 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 . c Statement of Covenants Tract No . 4320 Phase I of Tentative Tract No . 4320 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 c Statement of Covenants Tract No . 4320 Phase I of Tentative Tract No. 4320 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: 7-!0A - = CITY OF FRESNO, COVENANTOR a Municipal Corporation TnT VENTURES, a California General ByPartnership J10 4in P. Soli , Direc or Development D artment By: The Penstar Group a California Corporation General Pa n r APPROVED AS TO FORM: HARVEY WALLACE By. VIIWA- City Attorney J homas G . Richards President By ✓~ Deputy By: Tilden L . Brooks JR. �- As General Partner (Attach Notary Acknowledgment) i Statement of Covenants Tract No . 4320 Phase I of Tentative Tract- No. 4320 Page 5 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss . CITY OF FRESNO ) On this 30M day of in the year /992 before me personally appeared personally known to me (or proved to me on the Casis 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 cru, Ala-rnAb�<-;�- Deputy MB: nfm LAND272/+4400 GL2 L25 or L27 and L29 EXHIBIT "A" LEGAL DESCRIPTION TRACT NO. 4320 UGM FIRE STATION & PARR FEES That portion of the North half of the Southeast Quarter of the Southwest Quarter of Section 15, Township 13 South, Range 19 East, Mount Diablo Base and Meridian, in the City of Fresno , State of California, according to the official plat thereof, in the office of the County Recorder of said County. Described as follows: Beginning at the Southeast corner of said North half thence North 89' 48 ' 15" West a distance of 675 . 12 feet thence North 00' 09 ' 20" East a distance 508.27 feet thence North 89' 50 ' 40" West a distance 12 . 04 feet thence North 000 09 ' 20" East a distance of 153 . 00 feet thence S 890 50 ' 40" East a distance of 687 .00 feet thence South 000 08 ' 32" West a distance of 661 .74 feet to the point of beginning .