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Home My WebLink AboutT-4581 - Agreement/Covenant - 8/21/2006 (2) 9311 16 6 0FW R«€ooAN TE IaRE M5NCE cowwMnr CITY OF FRESNO DEVELOPMENT DEPARTMENT AT.2 . PAST M 2600 Fresco Street FRESNO CA 93721-3604 JUL 2 7 1993 orfAEN1D trO1JMtr.�:/wwOtiMIA WLU/W C.WW&#*000.G@#x*Romdsr all. W PLEASE CONFORM w o�m► S -------------------ABOVE SPACE FOR RECORDER' USE- P.W. File No. 9568 Development Department UGM No . 444 City of Fresno STATEMENT OF COVENANTS FOR UGM PARK FEES AND CREATION OF LIEN Tract No . 4581 Phase II of Tentative Tract No . 4190 RECITALS WHEREAS, KAUFMAN AND BROAD OF FRESNO, 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 . 4581, consisting of seventy-five (75) 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 12-4 . 509 of the Fresno Municipal Code in the estimated amount of Twenty-Nine Thousand Five Hundred Fourty-One and 00/100 Dollars ($29, 541 .20) for the following : Statement of Covenants Tract No. 4581/UGM 444 Phase II of Tentative Tract No. 4190 Page 2 UGM Neighborhood Park Fees Service Area No. 7 Zone District : R-1/UGM 17 . 48 Gross Ac @ $1, 690 . 00/Ac $29, 541. 20 Total Estimated Amount $29, 541 . 20; 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 . 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 Statement of Covenants Tract No . 4581/UGM 444 Phase II of Tentative Tract No . 4190 Page 3 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 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. Statement of Covenants Tract No. 4581/UGM 444 Phase II of Tentative Tract No. 4190 Page 4 DATED: 'Lft ZZ. /9q3 CITY OF FRESNO, COVENANTOR a Municipal Corporation By C�LKAUFMAN AND BROAD OF Alvin P. Solis, Director FRESNO, INC. , A California Development Department Corporation APPROVED AS TO FORM: AL- 1 By JAMES P. LOUGH � v� � President City Attorney Z/ De ty By William P. West, Secretary (Attach Notary Acknowledgment) r IYBNi IIMMONrNr0/1101 State of Cal i-FOr n i a Countyof rresno X 11193 Diane U • Du S On before me, .- MATE) (NAME TITLE OF OFFICER-I.E. ANE OM NOTAW PUBLIC? personalty appeared 12 IlCna r d 12- C 1 S a k lw sk I CAPACITY CLAIMED BY SIGNER(S) (NAME(S)OF SIGNERMst) ❑PDMDUAL(S) ❑'CORPORATE OFFICERS) P�a1aA.a ❑ PARTNER(S) MrLE(s)) personalty known to me -OR- ❑ proved to me on the basis of satisfactory evidence ❑ ATTORNEY IN FACT to be the person(s) whose name(s) is/are sub- ❑ TRUSTEE(S) scribed to the within instrument and acknowledged ❑ GUARDIAN/CONSERVATOR to me that he/she/they executed the same in ❑ OTHER: DIi1�lE O.DU 8 his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the Cc NOW to person(s), or the entity upon behalf of which the SIGNER IS REPRESENTING: PM CMOMIN m person(S)acted,executed the instrument. (NAME OF PERSON(s)OR ENTTTY(IM) d ili£�1D OpUNtY My Caemisat9Bfie.rar.31.1997 Witness my hand and official seal. (SEAQ (S MTURE OF NOTAFM ATTENTION NOTARY:The information requested below is OPTIONAL It could,however,prevent fraudulent attachment of this certificate to any unauthorized document THIS CERTIFICATE Trtle or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages Date of Document DESCRIBED AT RIGHT: Signer(s) Other Than Named Above WOLCOrrS FORM=40—Au PURPOSE ACMWLEMM WM4 SIGNER CAP11CtiY/R9AE WAT10rUW38 P W—Ra.12-92 Dim WOLCOM FORM I RIGHTTHUMBMpNT OPiWx State of �1��Dy n i 4 � W S County of Fre- On rcOn (0 l 1!g 3 before me, D i a n e. D - Do Bo f S (DATE) (NAME.TME OF OF ER-I.E.;ANE DOE NOTARY PUSM-) personalty appeared \Aj I I I 1 Q m P Wes CAPACITY CLAIMED BY SIGNER(S) (NAME(S)OF SONER(S)) ❑ IN IVIDUAL(S) W'CORPORATE OFFICER(S) ❑ PARTNER(S) MUM) lxpersonalty known to me -OR- ❑ proved to me on the basis of satisfactory evidence ❑ ATTORNEY IN FACT to be the person(s) whose name(s) is/are sub- ❑ TRUSTEE(S) scribed to the within instrument and acknowledged ❑ GUARDIAN/CONSERVATOR to me that he/she/they executed the same in ❑ OTHER: his/her/their authorized capacity(ies), and that by DISIE p• B� his/her/their signature(s) on the instrument the B W person(s), or the entity upon behalf of which the SIGNER IS REPRESENTING: m N01'AiYOfilcE M M person(s)acted,exec uted the instrument. (NAME of PERsoa(s)OR eampm) a c9 rWf�� ness my hand and official seal. M in(SEAW ((( ATTENTION NOTARY:The inn info requested below is OPTIONAL It could.however,prevent fraudaf nt n3whment of this certtlieate to any unauthorized docu nest THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED Number of Pages Date of Document TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above IOI.COTTB FORM 51240—ALL PURPOSE ACW*tEDGMIEM WRN Sli W CAPACITY/REPRESENTATIOWRNGERPRINT—Rev.12-92 x1992 WOLCOTTS FORMS.M Statement of Covenants Tract No . 4581/UGM 444 Phase II of Tentative Tract No. 4190 Page 5 CLERK' S CERTIFICATE STATE OF CALIFORNIA ) ss . COUNTY OF FRESNO ) On - 1993 before me, Zr�44 /9/ personall appeared 12 1-f- jLjo personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons0e) whose name(,$) is/awe subscribed to the within instrument and acknowledged to me that he/shy executed the same in his/: a-=.'--h�r authorized capacity(i'e&) , and that by his/ie'=4ei.4vsi signature(x) on the instrument(p) the person() , or the entity upon behalf of the CITY OF FRESNO of which the person(A acted, executed the instrument . WITNESS my hand and official seal . JACQUELINE L. RYLE, CMC CITY CLERK By Cc neL' /-./-CL EPUTY ' LR:et LAND384/+6001 GL2 L25 or L27 and L29 b Tract No . 4581 P.W. No. 9568 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 : The northeast quarter of the northwest quarter and the north half of the southeast quarter of the northwest quarter of Section 36, Township 12 South, Range 20 East, Mount Diablo Base and Meridian, in the County of Fresno, State of California, according to the Official Flat thereof . EXCEPTING THERE FROM that portion thereof lying within Parcels A and B of Parcel Map No. 93-05, recorded in Book 53 of Parcel Maps, pages 56 and 57, Fresno County Records . LR:et LAND384/+5999