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Home My WebLink AboutT-4347 - Agreement/Covenant - 6/29/2006 (3) KtGURUEUNI ��..i �Ir CENTRAL TI LE COMPANY 92046560 AT 1N. PAST M A P R 10 1992 FRFSNO COUNTY.%;^uPORN1A W4UMM C.GREENWOOD.Counter RO*Xdw PLEASE C00L;rijhn4 Y E RECORD $ -------------------ABOVE SPACE FOR RECORDED S P&:%REORO__ ----- P.W. File No . 9272 Development Departm nt UGM No. 443 City of Fresno STATEMENT OF COVENANTS FOR UGM FIRE STATION AND PARK FEES AND CREATION OF LIEN +Oasville Estates RECITALS WHEREAS, THOMAS R. BUTLER, a married man, as his sole and separate 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 . 4347, consisting of Forty-four (44) 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 Seventeen Thousand Seven Hundred Thirty-Three and 29/100 Dollars ($17,733 .29) for the following: Statement of Covenants UGM Fire Station and Park Fees Tract No . 4347 Thomasville Estates Page 2 UGM Fire Station Fee Service Area No . N.D. Zone District : R-1/UGM 9 . 80 Gross Ac @ $800 . 00/Ac = $7,840 .00 Less Early Issuance of Building Permits (Lots 29-33) _ [$851 . 511 Net Fees Deferred by Covenant = $6, 988 . 49 UGM Neighborhood Park Fee Service Area No. 4 Zone District: R-1/UGM 9 . 80 Gross Ac @ $1,230.00/Ac $12 , 054 . 00 Less Early Issuance of Building Permits (Lots 29-33) _ [$1,309 . 201 Net Fees Deferred by Covenant = $10, 744 . 80 Total Estimated Amount $17, 733 . 29; 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 UGM Fire Station and Park Fees Tract No . 4347 Thomasville Estates 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 UGM Fire Station and Park Fees Tract No . 4347 Thomasville Estates 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: CITY OF FRESNO, COVENANTOR a Municipal Corporation By ae S�� B Alvin P. Solis, Director omas R. Butler Development Department APPROVED AS TO FORM: HARVEY WALLACE City Attorney By (Attach Notary Acknowledgment) Deputy STATE OF CALIFORNIA On this....?5th.,.,,,..day of..February in the year....19 9.? . ss. ...................................................................... .before me, COUNTY OF......Fre A n o ,l a q u,e 1 i n e..M....Austi n. ..,a Notary Public,State of California, duly commissioned and sworn,personally appeared................................... Thomas..Rr...But ler.................................................. __ personally known to me (or proved to me on the basis of satisfactory evidence) to be OFFICNL SEN. JBCQt!F Ifl@ M. A{ISbII the person....whose name.............i S........................................; NOTARY PUBL*r"ORNIA subscribed to this instrument,and acknowledged that. . . .he. . . .executed it. FRESNO OFFICE N IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal FRESNO C .1 State.,o,f California My Commission Epp.IWr4,1994 in the........... ............................County or. ....... .....F,r e S n o,,,,,,,,,,,, ...................on the date set forth above in this certificate. Tr Oomm"M s onlp a gr:rru loan rrMlr may to prow b uaa in 0 Wft farraosorr 0n0 in no tray am or in eawtlad io am n a wbowa for nr ad.ca an an amp rra—ilia F am eons na Notary Mic,State of California mob any r- v9p.amw agnu or.npwa a b the W9W vu0ry of any pmem or»r .,a may of a,.aa tam n any trwuw or. March 14 , 1994 My commission expires Cowdery's Form No.32—Acknowledgement to Notary Public—Individuals—(C.C.Sec. 1189)—(Rev. 1/83) Statement of Covenants UGM Fire Station and Park Fees Tract No. 4347 Thomasville Estates Page 5 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) On this /57- day of in the year X992 , 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 Deputy LR:jld:crm LAND228/+3696 GL2 L25 or L27 and L29 Statement of Covenants UGM Fire Station and Park Fees Tract No. 4347 Thomasville Estates Page 6 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 South 1/2 of Lot 21 of Victoria Colony, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Volume 4 , Page 61 of Plats, Fresno County Records . LR:jld LAND228/+3696