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Home My WebLink AboutT-4511 - Agreement/Covenant - 8/18/2006 (2) 94070859 *aiMAIREQ"OF QTY OF FRESNO STEWART T! U COL FRESNO CA stred lMI-36 4 - P" M APR 25 PF&S J Caftly,GALOMM WLUM C.OrAFWAPOM CVA*PAMOdW PLEASE CONFORM $ sr OPUTY -------------------ABOVE SPACE FOR RECORDER ----------------- P.W. File No. 9421 Developm nt Department UGM No . 522 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK FEES AND CREATION OF LIEN Tract No. 4511 Phase I of Tentative Tract No. 4511 A Planned Development RECITALS WHEREAS, SEQUOIA-FRESNO JOINT VENTURE, 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. 4511, consisting of eighteen (18) lots and one (1) common lot; 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 « v Statement of Covenants Tract No. 4511/UGM 522 Phase I of Tentative Tract No. 4511 Page 2 estimated amount of Sia Thousand Sixty-One and 00/100 Dollars ($6, 061.00) for the following: UGM Neighborhood Park Fee Service Area No. 1 Zone District : R-1/UGM 5 .5 Gross Ac @ $1, 102 .00/Ac $6, 061.00 Total Estimated Amount $6, 061.00; 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 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 RESTRICTION 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. 4511/UGM 522 Phase I of Tentative Tract No. 4511 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. 4511/UGM 522 Phase I of Tentative Tract No. 4511 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: CITY OF FRESNO, COVENANTOR a Municipal Con SEQUOIA-FRESNO JOINT VENTURE, By a California General Alvin olis, Director Partnership Development Department APP_80V4Nk AS TOzDepdty By: Ted M. Nakata J S P. OUG Managing General Partner City At me By By: Ben Nakamura Managing General Partner STATE OFCALIFORNIA COOF O ' Onbefor — . per ly, geared ML rj C 0 t,, \ personally known to me (or proved to me on the basis of satisfctory evidence)to be the person(s), whose name(s)is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized t' o-iCIAL SEAL ca aci ies), and that b his/her/their si ... Rachelle Kellogg p ty( y gnature($) On the III- j;101A'nv D118UC CAI 1FOFNIA $trument the person(s) or the entity upon behalf of which the , Mr ccs F;G,e-I'a ? Imo5 person( executed the instrument. WITNESS my acid al official seal. S gnature 1 ,. J (This area for official notarial seal) )Tti-IS7/17M1 Statement of Covenants Tract No. 4511/UG14 522 Phase I of Tentative Tract No. 4511 Page 5 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) ss. COUNTY OF FRESNO ) On 7- , 1994 before me, A4a,� personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons(,K) whose name(,W) is/afe- subscribed to the within instrument and acknowledged to me that he/sheA44iey executed the same in his/eroz=L=_= authorized capacity(4e$-) , and that by his/` er74th-= - signature W on the instrument(o) the person($) , or the entity upon behalf of the CITY OF FRESNO of which the person(,r) acted, executed the instrument . WITNESS my hand and official Seal. JACQUELINE L. RYLE, CMC CITY CLERK By DEPUTY LR:crm LAND423/+6711 GL2 L25 or L27 and L29 c Tract No . 4511 Phase I of Tentative Tract No. 4511 P.W. File No . 9421 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 Lot 123 of Perrin Colony No. 2 , according to the map thereof recorded in volume 4 , Page 68 of Plats, Fresno County Records , together with the East half of North First Street, adjacent thereto , abandoned as per City of Fresno Council Resolution No . 80-442 , recorded in Book 7560, Page 741, Fresno County Records , all within the southwest quarter of the southeast qua'rter of Section 27, Township 12 South, Range 20 East, Mount Diablo Base and Meridian, described as follows: BEGINNING at a point on the North line of said Lot 123 , a distance of 93 . 00 feet from the northwest corner of said southwest quarter; thence North 890 39 ' 02" East, along the North line of said Lot 123 , also being along the North line of said southwest quarter , a distance of 723 . 50 feet, thence South 00 20 ' 58" East, a distance of 149 .00 feet , thence South 890 39 ' 02" West, a distance of 0 . 66 feet; thence South 00 20 ' 58" East, a distance of 147. 00 feet, thence South 890 39 ' 02" West, parallel with and 296 . 00 feet south of the North line of said Lot 123 , a distance of 816 . 89 feet to the West line of said southwest quarter thence North 00 08 ' 48" West, along said West line, a distance of 196 .00 feet; thence North 890 39 ' 02" East, a distance of 120 . 00 feet; thence North 150 16 ' 12" West, a distance of 103 .49 feet to the POINT OF BEGINNING. LR:crm Land425/+6711