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Home My WebLink AboutT-4594 - Agreement/Covenant - 8/21/2006 (4). WOIiOED AT k(jdi OF Cr Y of FRESNO 94081132 NMT AAAEMCAN "TLE DRVXWPMMT Twp xa 7n=0&red 7X=0 cs 93721, A . PAST IIA i MAY 12 1994 FrAswQ coulm,GAfflo " WLUA Yl C.t3M&MX o0.Coufty PLEASE CONFORM sY oEPI"V RWMS -------------------ABOVE SPACE FOR RECORDER'S USE---- - --------- P.W. File No. 9561 Development Department UGM No. 517 City of Fresno STATEMENT OF COVENANTS FOR UGM PARR FEES AND CREATION OF LIEN Tract No. 4594 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. 4594, consisting of Eighty-Six (86) 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 estimated amount of Twenty-Two Thousand Three Hundred Ninety-Two and 64/100 Dollars ($22, 392 . 64) for the following: Statement of Covenants Tract No. 4594 Page 2 UGM Neighborhood Park Fee Service Area No. 1 Zone District: R-1/UGM 20 .32 Gross Ac @ $1, 102 .00/Ac $22, 392 . 64 Total Estimated Amount $22 , 392 . 64 ; 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. Statement of Covenants Tract No. 4594 Page 3 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 affect the validity or enforceability of any one provisions hereof. Statement of Covenants Tract No. 4594 Page 4 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: //a& 3/g�:o-z 107 1 CITY OF FRESNO, COVENANTOR a Municipal Corpo tion By r-� 0KAUFMAN AND BROAD OF FRESNO, INC. Alvi -olis, Director a Califor is C porat' n Devel ment Department , APPR D AS TO FORM: By: LES P. O Cit At r n Warren Kiggins, Assistant Secretary B By: A�e� D y William P. West Assistant Secretary (Attach Notary Acknowledgment) STATE OF CALIFORNIA ) COUNTY OF Fresno ) ON Apo-. 13. MW before me, the undersigned, a Notary Public in and f9F maid State, personally appeared arreA K#4410S - cLhtt Wilharn P. W personally known - to me (or proved to ■e 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. Q aasip�� in Notary Public in an for said County and State 1VQ=bftEwMV.3.�� Statement of Covenants Tract No. 4594 Page 5 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) ss. COUNTY OF FRESNO ) On 9 Y- 1994 efore me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons(f) whose name(X) is/acs subscribed to the within instrument and acknowledged to me that he/sheofibbey executed the . same in his/ L&_&- authorized capacity(ioo) , and that by his/heeAb e4rr signature(() on the instrument(g) the person(X) , , or the entity upon behalf of the CITY OF FRESNO of which the person(k) acted, executed the instrument. WITNESS my hand and official seal . JACQUELINE L. RYLE, CMC CITY CLERK By DEPUTY LR:crm LAND430/+5659 GL2 L25 or L27 and L29 Tract No. 4594 P.W. No. 9561 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 East half of Lots 85 and 86 of Perrin County No. 2, according to the amended map thereof recorded in Volume 4, Page 68 of Plats, Fresno County Records. Together. with that portion of East Nees Avenue vacated by .Fresno City Council Resolution No. 94-85, recorded April 22, 1994, as Document No. 94069936, Official Records of Fresno County. LR:crm LAND430/+6858