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Home My WebLink AboutT-4540 - Agreement/Covenant - 8/18/2006 (3) f r , 94170360 RECORDEDAtR TOF IGAGO TITLE W+ M RZTMTO. MIN. PAST CITY OF FRESNO DEVEIAMENT DEPARTNE%rr NOV 0 4 1994 2600 Fremo Steed "MNO CA 93721-604 PLEASE CONFORM FRESNO COUNTY,CALIFORNIA WIIUAM C.GREENWOOD.County R" Donita Ghimenti $ -------------------ABOVE SPACE FOR RECOJ;PW* -------- P.W. File No. 9471 Development Depa ment UGM No. 479 City of Fresno STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR UGM FIRE STATION AND PARK FEES AND CREATION OF LIEN Tract No. 4540 Phase II of Tentative Tract No. 4480 RECITALS WHEREAS, THE HIGHLANDS AT FORT WASHINGTON, 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 . 4540 , consisting of Thirty-Nine (39) 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 Thirty-Two Thousand Nine Hundred Thirty-One and 99/100 Dollars ($32, 931 . 99) for the following: Statement of Covenants Tract No. 4540/UGM 479 Phase II of Tentative Tract No. 4480 Page 2 UGM Fire Station Fee Service Area No. 21 Zone District : R-1/UGM 12 . 52 Gross Ac @ $1,388 . 00/Ac $17, 377 . 76 *Fees Calculated for the Early Model Agreement Lots, Lots 6-9, 28,29 $ 2 , 527.34 Net UGM Fire Station Fee Deferred 14 , 850 .42 UGM Neighborhood Park Fee Service Area No. 7 Zone District : R-1/UGM 12 . 52 Gross Ac @ $1, 690 . 00/Ac $21, 158 . 80 *Fees Calculated for the Early Model Agreement Lots, Lots 6-9 ,28,29 $ 3 , 077 . 23 Net UGM Park Fee Deferred $18, 081 . 57 Total Estimated Amount $32 , 931 . 99; 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. 4540/UGM 479 Phase II of Tentative Tract No. 4480 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 Development Department of the City of Fresno issues a written release of such conditions and obligations . Statement of Covenants Tract No. 4540/UGM 479 Phase II of Tentative Tract No . 4480 Page 4 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: O'j"e'v' 201 / 9 qq CITY OF FRESNO, COVENANTOR a Municipal Cor at n THE HIGHLANDS AT FORT WASHINGTON, a California By Limited Partnership Alvi lis, Director Devel ment Department By: Wathen-Cast nos, Inc. a Californi C rporation Genera art e APPROVED AS TO FORM: J7-y P. LO H Ct rn By: Ke i� J. Ca tanos Press J. 1B Deputy (Attach Notary Ack wledgment) STATE OF CALIFORNIA ) ss. COUNTY OF FRESNO ) On this 4th day of October, 1994, before me, Julia E. Silverstrom, a Notary Public in and for said County and State, personally appeared Kevin J. Castanos, 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 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 the person(s) , or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. �-�- 2'�� 7 tary PuKiis-JAIand for said State r4 .lurk E NLVBNR oMM COMiA.♦98W1 +� Notary PUAC—Cay OMW s FRESNO COUNTY Comm.Expires MAR 21,1997 Statement of Covenants Tract No . 4540/UGM 479 Phase II of Tentative Tract No. 4480 Page 5 CLERK' S CERTIFICATE STATE OF CALIFORNIA ) ss . COUNTY OF FRESNO ) On Z6 1994 before me, personally appeared Ic:n personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons() whose na[ne(,M) is/a" subscribed to the within instrument and acknowledged to me that he/sheithey executed the same in his/heF,4 he r authorized capacity(ims) , and that by his/Y'^" 4the r signature(y) on the instrument(j') the person(K) , or the entity upon behalf of the CITY OF FRESNO of which the person(0) acted, executed the instrument. WITNESS my hand and official seal. JACQUELINE L. RYLE, CMC CITY CLERK By C-c�n-cl-� . DEPUTY LR:nfm:dlk LAND352/+5539 GL2 L25 or L27 and L29 i. Tract No. 4540 Phase II of Tentative Tract 4480 P.W. No. 9471 EXHIBIT "A" That portion of the Southeast quarter of Section 14 , Township 12 South, Range 20 East, Mount Diablo Base and Meridian, described as follows : Beginning at the Southeast corner of said Section 14 ; thence North 00' 41' O1" East, along the East line of the Southeast quarter of said Section 14 , a distance of 964 .84 feet to the true point of beginning; Thence North 89' 18 ' 59" West, a distance of 55. 00 feet; thence North 44' 18 ' 59" West, a distance of 24 .81 feet; thence North 89' 18 ' 59" West, a distance of 565 .47 feet; thence North 00' 15 ' 01" East, a distance of 311. 01 feet; thence South 89' 44 ' 59" East, a distance of 20 . 00 feet; thence North 00' 15 ' 01" East, a distance of 68 .00 feet; thence North 89' 44 ' 59" West, a distance of 20 . 00 feet; thence North 00' 15 ' 01" East, a distance of 68 . 00 feet; thence South 89' 44 ' 59" East, a distance of 200 .00 feet; thence North 00' 15 ' 01" East, a distance of 68. 00 feet; thence North 89' 44 ' 59" West, a distance of 20 .00 feet; thence North 00' 15 ' O1" East, a distance of 68 . 00 feet; thence South 89' 44 ' 59" East, a distance of 20 . 00 feet; thence North 00' 15 ' 01" East, a distance of 68 .00 feet; thence North 89' 44 ' 59" West, a distance of 20 . 00 feet; thence North 000 15 ' 01" East, a distance of 201 . 00 feet; thence South 89' 53 ' 53" East, a distance of 644 . 49 feet to a point on the East line of the Southeast quarter of said Section 14 ; thence South 00' 41' 01" West, along the East line of the Southeast quarter of said Section 14, a distance of 876 . 08 feet to the true point of beginning . LR:nfm:dlk LAND352/+5539