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Home My WebLink AboutT-4473 - Agreement/Covenant - 6/30/2006 (2) 95036316 a� iR A MIN. PAST M Rim. CITY of FRESNO on MAIf 24 199 DlrVEWPMENr DEPARTMENT 4 2600 Fresno Shed FRESNO CA 93721-3604 FRESNO COUNTY,CAUFORNIA PLEASE CGkNFOFrJWAM C.aREEKwOOD,county Recorder Donita Ghiment' eY DEPUTY PC-CORM $ ABOVE SPACE FOR'RECORDER% USE P.W. File No. 9397 Development Department UGM No. 531 City of Fresno STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR UGM FIRE STATION, AND PARK FEES AND CREATION OF LIEN FOR TRACT NO. 4473 (Phase I of Tentative Tract No. 4473) WHEREAS, BUTLER/ROCCA I, a California Limited 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. 4473, consisting of Sixty-Four (64) 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 and Resolution No. 83-40 in i Statement of Covenants T-4473 Page 2 the estimated amount of Thirty-Five Thousand Eight Hundred Ninety Three and 44/100 Dollars ($35,893.44) for the following: UGM Fire Station Fee Service Area No. 16 Zone District: R-1/UGM 14.52 Gross Ac a $1242.00/Ac = $18,033.84 UGM Neighborhood Park Fee Service Area No. 4 Zone District: R-1/UGM 14.52 Gross Ac 0 $1,230.00/Ac = $17,859.60 Total Estimated Amount - $35.893.44; 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 Statement of Covenants T-4473 Page 3 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 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 Statement of Covenants T-4473 Page 4 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: FSP-u/u� 'L7 1995 CITY OF FRESNO, COVENANTOR a Municipal Corporation BUTLER/ROCCA I, a California Limited Partnership By ` Alvin P. Solis, Director By: Thomas R. Butler, Inc., a California Development Department Corporation, as General Partner APPROVED AS TO FORM: ANTU- Y Thomas R. Butler, President Actin ty A Deputy (Attach Notary Acknowledgment) CALIFORNIA • ACKNOWLEDGMENT No.590*1 State of California County of Fresro On FahniA zz 77, 19A5 before me, the undersigned , DATE NAME,TITLE OF OFFICER-E.G.,'JANE DOE,NOTARY PUBLIC' personally appeared Thomas R. Butler NAME(S)OF SIGNER(S) ❑ personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the •'"'• CO person(s) acted, executed the instrument. AR 19M m P �Iw m mOFFlCE N � *rr=�Ems.1*39,1997 WITNESS my hand and official seal. SIGNATURE OF NOTA OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. , CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ' ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES 1 ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: r. ' NAME OF PERSON(S)OR ENTITY(IES) (: SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave..P.O.Box 7184•Canoga Parc,CA 91309-7184 Statement of Covenants T-4473 Page 5 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) ss. COUNTY OF FRESNO ) On a�uh- , 1995, before me, personally appeared ,o ado-� personally inown to me (or provided to me on the basis of satisfactory evidence) to be the persons(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument(s) the person(s), or the entity upon behalf of the CITY OF FRESNO of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. JACQUELINE L. RYLE, CMC CITY CLERK By DEPUTY bjw:BJW FT4473UG.DOC Tract No. 4473 P.W. File No. 9397 EXHIBIT "A" THE WEST 940.00 FEET OF THE NORTH 1000.00 FEET OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 13 SOUTH, RANGE 19 EAST, MOUNT.DIABLO BASE AND MERIDIAN, ACCORDING TO THE UNITED STATES GOVERNMENT TOWNSHIP PLAT APPROVED BY THE SURVEYOR GENERAL ON NOVEMBER 30, 1854, IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA, EXCEPTING THEREFROM THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 13 SOUTH, RANGE 19 EAST, MOUNT DIABLO BASE AND MERIDIAN, ACCORDING TO THE UNITED STATES GOVERNMENT TOWNSHIP PLAT APPROVED BY THE SURVEYOR GENERAL ON NOVEMBER 30,1854, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 22; <' THENCE NORTH 00001'45" EAST, ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 22, A DISTANCE OF 1322.35 FEET TO THE NORTH, NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 22 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 890 54' 26" EAST, ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 22, A DISTANCE OF 621.73 FEET, TO A LINE PARALLEL WITH AND 621,73 FEET EAST OF THE WEST LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 22; THENCE SOUTH 000 01' 45" WEST, ALONG SAID PARALLEL LINE, A DISTANCE OF 126.58 FEET; THENCE SOUTH 890 56' 15" EAST, A DISTANCE OF 39.27 FEET, TO A LINE PARALLEL WITH AND 861.00 FEET EAST OF THE WEST LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 22; THENCE SOUTH 000 01' 45" WEST, ALONG SAID PARALLEL LINE, A DISTANCE OF 103.00 FEET. Exhibit "A" Tract No. 4574 Page 2 THENCE SOUTH 89° 58' 15" EAST A DISTANCE OF 62.00 FEET TO A LINE PARALLEL WITH AND 720.00 FEET EAST OF THE WEST LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 22; THENCE SOUTH 00'0 00' 45" WEST, ALONG SAID PARALLEL LINE, A DISTANCE OF 103.00 FEET; THENCE NORTH 890 58' 15" WEST, A DISTANCE OF 3.00 FEET, TO A LINE PARALLEL WITH AND 720,00 FEET EAST OF THE WEST LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 22; THENCE SOUTH 000 01' 45" WEST, ALONG SAID PARALLEL LINE, A DISTANCE OF 153,00 FEET; THENCE NORTH 890 58' 15" WEST, A DISTANCE OF 501.00 FEET, TO A LINE PARALLEL WITH AND 219.00 FEET EAST OF THE WEST LINE OF THE NORTHWEST QUARTER OF SAID NORTHEAST QUARTER OF SAID SECTION 22; THENCE NORTH 000 01' 45" EAST, ALONG SAID PARALLEL LINE, A DISTANCE OF 79,22 FEET; THENCE NORTH 890 58' 15" WEST, A DISTANCE OF 219.00 FEET, TO THE WEST LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 22; THENCE NORTH 000 00' 45" EAST, ALONG SAID WEST LINE, A DISTANCE OF 405.04 FEET, TO THE TRUE POINT OF BEGINNING. bjw:BJW FT4473UG.DOC