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Home My WebLink AboutT-4385 - Agreement/Covenant - 7/6/2006 (2)' ncCUkl7f0 Af REQUEST OF CIL OF FRESNO 9 3 0 6 9 5 0 ' MST AMERICAN TIT r DEVELOPMENT DEPARTMENT 2600 Fresco street AT___,__MIN. PASTM FRESNO CA 93721-3604 on JUN 15 1993 FRESNO COUNTY.CALIFORNIA WILLIAM C.GREENWOOD.County Re rder PLEASE CONFORM � ' �, --ABOVE SPACE FOR RECOR]9Lt`Rp9&1TV9W4V $ P.W. File No . 9321 Development De artment UGM No. 459 City of Fresno STATEMENT OF COVENANTS FOR UGM FIRE STATION AND PARR FEES AND CREATION OF LIEN Tract No. 4385 Phase I of Tentative Tract No. 4385 Monte Vista No . 34 RECITALS WHEREAS, Pierce Lathing Company, a California Corporation, DBA Pierce Enterprises, 2651 East Byrd Avenue, Fresno, California, 93706, 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. 4385, consisting of Ninety-Eight (98) 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 Statement of Covenants Tract No . 4385 Phase I of Tentative Tract No. 4385 Page 2 Municipal Code in the estimated amount of Fifty Three Thousand Four Hundred Forty-Four and 64/100 Dollars ($53, 444 . 64) for the following: UGM Fire Station Fees Service Area No. 16 Zone District : R-1/UGM 21 . 62 Gross Ac @ $1, 242 . 00/Ac - $26, 852 . 04 UGM Neighborhood Park Fees Service Area No. 4 Zone District : R-1/UGM 21 . 62 Gross Ac @ $1, 230 . 00/Ac - $26, 592 . 60 Total Estimated Amount $53, 444 . 64 ; 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 Tract No . 4385 Phase I of Tentative Tract No. 4385 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 Statement of Covenants Tract No. 4385 Phase I of Tentative Tract No. 4385 Page 4 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. 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: 99 CITY OF FRESNO, COVENANTOR a Municipal Cor ation PIERCE LATHING COMPANY a California Corporation, DBA By PIERCE ENTERPRISES Alv P. olis, Director Dev opment Department By: APPROVED AS TO FORM: R. Ken nz Secretary JAMES P. LOUGH AFM�pg City Attorney By Deputy (Attach Notary Acknowledgment) Statement of Covenants Tract No. 4385 Phase I of Tentative Tract No. 4385 Page 5 CLERK' S CERTIFICATE STATE OF CALIFORNIA ) ss . COUNTY OF FRESNO ) On z 7 Li— 1993 before me, persoifally appeared kI_L personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons(X) whose name(X) is/a-r -subscribed to the within instrument and acknowledged to me that he/sh�ei executed the same in his/her4bhe: r authorized capacity( }, and that by his/h.. r4t4e r-signature(y) on the instrument( the person(') , or the entity upon behalf of the CITY OF FRESNO of which the person(X) acted, executed the instrument . WITNESS my hand and official seal . JACQUELINE L. RYLE, CMC CITY CLERK By CLL EPUTY MB:nfm:crm LAND308/+4958 GL2 L25 or L27 and L29 10/26/92 ALL-PURPOSE ACKNOWLEDGMENT No.5179 i State of CAPACITY CLAIMED BY SIGNER County Of / ''�'�" ❑ INDIVIDUAL 9;bORPORATE On J before me, OFFICERS) DATE NAME.TITLE OF ICER-E.G.,'JANE DOE.NOTARY PUBLICTag) r nf h ❑ PARTNER(S) LIMITED personally appeared ��/� �U�/ ❑❑ GENERAL NAME(S)OF SIGN ) ❑ ATTORNEWN-FACT personally known to me-OR- ❑proved to me on the basis of satisfactory evidence ❑ TRUSTEE(S) to be the person(s) whose name(s) is/are subscribed to the within instrument and ❑ GUARDIAWCONSERVATOR acknowledged to me that he/she/they ❑OTHER: executed the same in his/her/their — authorized capacity(ies), and that by 0I'FICIAL SEAL his/her/their signature(s) on the instrument the persons) or the entity upon behalf of SIGNER IS REPRESENTING: SALLY L BENSN NAME OF PERSON(S)OR NTnY(IES) • NOWZY FIX= �o which the p rson(s) acted, executed the n� u MsmcmqtY instrument. *1 WM.Eakn hm 19.1"3 Witness Ga SIGMA OP NOTARY ATTENTION NOTARY:Although the information requested below is OPTIONAL,it could prevent fraudulent attachment of this oartiflcate to an unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED Number of Pages Date of Document TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other than Named Above 01992 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park.CA 91304-718- EXHIBIT "A" For UGM Fire Station and Park Fees and Creation of Lien Legal Description The Northwest quarter of the Southeast quarter of Section 22, Township 13 South, Range 19 East, Mount Diablo Base and Meridian, in the County of Fresno, State of California, according to the Official Plat thereof . Excepting therefrom the South 610 . 00 feet thereof. Together with outlot A of Tract No . 4282, Monte Vista No . 30, according to the map thereof recorded in Volume 54 at Pages 17 and 18 of Plats, Fresno County Records, excepting therefrom the South 610. 00 feet thereof . MB:nfm:crm LAND308/+4958