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Home My WebLink AboutT-4510 - Agreement/Covenant - 8/18/2006 (2) iiCCOWED AT REQUEST OF RRTLTRNTO: 93198956 STEW T TITLE CO. CITY OF FRESNO DEVELOPMEgT DEPARTMENT LT IN. PAS 2600 Fano Strad FRESNO CA 93721-3604 DEC 2 3 1993 FRESNO COUNTY.CALIFORNW WILLIAM C.GREENWOOD,County Recorder • PLEASE CONFORM � F By e�p�.r- gFooR S -------------------ABOVE SPACE FOR RECORDER 'S USE------- ---------- P.W. File No . 9420 Development Department UGM No . 439 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK FEES AND CREATION OF LIEN Tract No . 4510 Phase I of Tentative Tract No . 4510 A Planned Unit Development RECITALS WHEREAS, BETHANY MENNONITE BRETHREN CHURCH OF FRESNO, CALIFORNIA, a California Corporation, 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 . 4510 , consisting of Forty (40) 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 Park fees pursuant to Section 12-4 . 509 of the Fresno Municipal Code in the Statement of Covenants Tract No . 4510/UGM 439 Phase I of Tentative Tract No . 4510 Page 2 estimated amount of Six Thousand Seven Hundred Twelve and 30/100 Dollars ($6 , 712 . 30) for the following : UGM Neighborhood Park Fee Service Area No . 7 Zone District : R-1-C/UGM/cz 6 . 02 Gross Ac @ $1 , 115 . 00 $6 , 712 . 30 Total Estimated Amount $6 , 712 .30 ; 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 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 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 . Statement of Covenants Tract No . 4510/UGM 439 Phase I of Tentative Tract No . 4510 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 Statement of Covenants Tract No . 4510/UGM 439 Phase I of Tentative Tract No . 4510 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: I I 1 sj �z CITY OF FRESNO, COVENANTOR a Municipal Cor oration By BETHANY MENNONITE BRETHREN Alvin P. S lis , Director CHURCH OF FRESNO, CALIFORNIA, a Development Department California Corporation APPROVED AS TO FORM: r- By: d- JAMES P. LOUGH hn S. Berg, Presi t City Attorney - l By By: n7t Depu y Larry Er Miller, Secretary (Attach Notary Acknowledgment) STATE OF CALIFORNIA } } SS . COUNTY OF FRESNO } On NOVEMBER 8, 1993, before me, the undersigned, a Notary Public, personally appeared JOHN S. BERG, PRESIDENT, AND LARRY E. MILLER, SECRETARY, known to me (or proved to me on the basis of satisfactory evidence) to be the person(s ) , whose name( s ) are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity( ies) , and that by their signature(s ) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. F. EWERT m WITNESS my hand and official seal . oc NOTACCO'MMlPUBU995249 A m Co PRINCIPAL OFFICE N m m FRESNO COUNT y My Cotn:nission Exp.May 21.1997 Signature (This area for official notarial seal ) Statement of Covenants Tract No . 4510/UGM 439 Phase I of Tentative Tract No . 4510 Page 5 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) ss . COUNTY OF FRESNO ) On iL- Z-Cz %� �� t- � C , 1993 before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons() whose name(X) is/a-Fs subscribed to the within instrument and acknowledged to me that he/sbAa-� executed the same in his/her h-4 authorized capacity(}es-) , and that by his/heT-/-t-he-iz signature( ) on the instrument(g) the person(e) , or the entity upon behalf of the CITY OF FRESNO of which the person00 acted, executed the instrument . WITNESS my hand and official seal . JACQUELINE L . RYLE, CMC CITY CLERK By -DEPUTY J LR:crm LAND404/+6444 GL2 L25 or L27 and L29 V Tract No . 4510 P.W. 9420 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 : THAT PORTION of the south half of the southeast quarter of Section 23 , Township 12 South, Range 20 East, Mount Diablo Base and Meridian, according to the Official Plat thereof , described as follows: BEGINNING at the northwest corner of said south half ; thence south 0' 03 ' 52" West, along the West line of said South half, a distance of 65 . 00 feet to a point , said point being the northwest corner of the property granted to Lloyd A. Thomas, Jr . and Phyllis E. Thomas, husband and Wife, as joint tenants, by deed recorded May 19 , 1967 in Book 5440 at Page 486 , as document No . 33541 of Fresno County Records; thence along the North line of the "Thomas Property, " North 8911 27 ' 40" East , a distance of 686 . 00 feet ; thence North 00 27 ' 03" West , along the "Thomas Property" line, a distance of 387 . 00 feet; thence South 890 32 ' 57" East, a distance of 136 . 00 feet; thence North 00 27 ' 03" East , a distance of 212 . 49 feet ; thence North 440 57 ' 44" East , a distance of 8 .31 feet; thence North 890 27 ' 40" East, a distance of 675 . 00 feet ; thence North 00 32 ' 20" West, a distance of 236 . 00 feet to the North line of said south half; thence South 890 27 ' 40" West , along said North line, a distance of 1398 . 47 feet to the POINT OF BEGINNING. LR:crm LAND401/+6428