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Home My WebLink AboutT-4531 - Agreement/Covenant - 6/29/2006 (2) RRTWM T°: 94025559 CITY OF FRESNO DEVELOPMENT DEPARTMerr 2600 Framo siftat CHICAGO 1111E FRESNO CA 93731-3604 7COFMM 1N RECORDS OF FRESNO CALIF,� �{ MIN PAST (JAM FEB 1 5 1994 WU M 4 QMMWMD Ca�i�ot0er -------------------ABOVE SPACE FOR RECORDER ' S USE------------------- P .W. File No . 9451 Development Department UGM No . 494 City of Fresno STATEMENT OF COVENANTS FOR UGM FIRE STATION AND PARK FEES AND CREATION OF LIEN Tract No. 4531 RECITALS WHEREAS , KESTERSON DEVELOPMENT CO. , INC. , 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 . 4531, consisting of thirty three (33) 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 Nineteen Thousand Six Hundred Twenty SevRn and 68/100 Dollars ($19 , 627 . 68 ) for the following : Statement of Covenants Tract No . 4531 Page 2 UGM Fire Station Fee Service Area No . 16 Zone District : R-1/UGM 7 . 94 Gross Ac @ $1, 242 . 00/Ac = $9 , 861 . 48 UGM Neighborhood Park Fee Service Area No . 4 Zone District : R-1/UGM 7 . 94 Gross Ac @ $1, 230 . 00/Ac = $9 , 766 . 20 Total Estimated Amount $19 , 627 . 68; 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 . 2 . The UGn 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 . 4531 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 Statement of Covenants Tract No . 4531 Page 4 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: "�/' 9 CITY OF FRESNO, COVENANTOR a Municipal Corporation Kesterson Development Co . , Inc. A Califor is Corporation By 4�-Alvin P . Solis , Director Development Department By: 4herson, APPROVED AS TO FORM: /-President JAMES P. LO GH City Atto ey By �j 4_' Deputy (Attach Notary Acknowledgment) Revised: 01/06/94 Statement of Covenants Tract No . 4531 Page 5 CLERK' S CERTIFICATE STATE OF CALIFORNIA ) ss . COUNTY OF FRESNO ) On � cut h- 3 199,3 before me, L-i; L� �,,ALL-J. personally appea' ed )cz (�.Lc a personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons(s) whose name(g) is/aEe subscribed to the within instrument and acknowledged to me that he/s4e-/- =- executed the same in his/ham—� r- authorized capacity(ies) , and that by his/hor. ho; r signature(,$) on the instrument(,S) the person , or the entity upon behalf of the CITY OF FRESNO of which the person v) acted, executed the instrument . WITNESS my hand and official seal . JACQUELINE L. RYLE, CMC CITY CLERK By. EPUTY BJW: et :crm LAND372/+5992 GL2 L25 or L27 and L29 Revised: 01/06/94 Final Tract No . 4531/UGM 494 P .W. File No . 9451 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 : PARCEL 1 : Parcel B of Parcel Map 87-23 , according to the map thereof recorded in Book 46 , Page 74 of Parcels Maps, Fresno County Records . PARCEL 2 : Parcel A of Parcel Map No . 84-74 , according to the map thereof recorded in Book 43 , Pages 87 and 88 of Parcel Maps , Fresno County Records . Excepting therefrom Sommerset No . 3 , Tract No . 3881, recorded in Volume 48 , Page 20 of Plats , Fresno County Records . RIGHT THUMBPRINT(OPTIONAL) State of California W County of Fresno f OnJanuary 11, 1994 before me, Laura Davis a (OATE) (NAME.TITLE OF OFFICER•I.E.,'JANE DOE.NOTARY PUBLIC-) personally appeared John Kesterson CAPACITY CLAIMED BY SIGNER(S) (NAME(S)OFSIGNER(S)) ❑ INDIVIDUAL(S) CA CORPORATE OFFICER(S) L� C PARTNER(S) (nTLE(S)) K) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence C ATTORNEY IN FACT to be the person(s) whose name(s) is/are sub- C TRUSTEE(S) scribed to the within instrument and acknowledged C GUARDIAN/CONSERVATOR to me that he/she/they executed the same in C OTHER: 4 LAURA 0AVIS his/her/their authorized capacity(ies), and that by ..�. . his/her/their signature(s) on the instrument the COMM. #984895 01 person(s) ty p SIGNER IS REPRESENTING: , or the enti u on behalf of which the IA Y NOTAgY PUBLIC-CALIFORNIA(1) FRESNO COUNTY sons) acted, execute the Instrument. (NAME OF PERSON(S)OR ENTITY(IES)) My Comm,Eab're•Fob.15. 7 Witness nd and offt I seal. (SEAL) fSIGNA URE OF NOTARY) ATTENTION NOTARY: The information requested below is OPTIONAL It could,however,prevent fraudulent attachment of this Certificate to any unauthorized document. f THIS CERTIFICATE Title or Type of Document StatPmPnt n f ra,-gnaA4G MUST BE ATTACHED TO THE DOCUMENT Number of Pages 6 Date of DocumentJanuarY 11, 1994 DESCRIBED AT RIGHT: Signer(s) Other Than Named Above N r,LCOTTS FORM 632<5-ALL PURP^„E ACKNOWLEGG1.IEr1(wiry SIGNER -R- 12-92