HomeMy WebLinkAboutT-4645 - Agreement/Covenant - 8/18/2006 (2) 94125239
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P.W. File No. 9647 Devef6prnent Department
UGM No. 431 City of Fresno
STATEMENT OF COVENANTS
FOR UGM PARK FEES AND CREATION OF LIEN
Tract No.4645
Phase R of Tentative Tract No. 4261
RECITALS
WHEREAS, FRESNO SUPREME, 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.4645,consisting of
seventy-six (76)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 Forty Thousand Nine Hundred Fourteen and
90/100 Dollars ($40,914.90) for the following:
UGM Neighborhood Park Fee
Service Area No. 7
Zone District: R-1/UGM
24.21 Gross Ac @ $1,690.00/Ac = $40,914.90
Total Estimated Amount $40,914.90; and
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Statement of Covenants
Tract No.4645/UGM 431
Phase H of Tentative Tract No.4261
Page 2
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 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.
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Statement of Covenants
Tract No.4645/CTGM 431
Phase II of Tentative Tract No.4261
Page 3
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.
DATE: MZ, v
CITY OF FRESNO, COVENANTOR
a Municipal Corp ration
FRESNO SUPREME,INC., a California
By (-4/ Corporation
Alvin P. Solis, Director
Development Department
Hubert Huffman
President/Secretary
APPROVED AS TO FORM:
JP. L G
City Attome
By (Attach Notary Acknowledgment)
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4 STATE OFU1
COUNTY OFF FRESNO _ t S.S.
On June 21, 1994 before me,
the undersigned
a Notary Public in and for said Carnty and State.personally appeared MR NMAM SM OR STMOR
HUBERT HOFFMAN
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personally known to me(or proved to me on the basis of satisfactory
evidence)to be the person(s)whose names)Ware subscribed to the
within instrument and acknowledged to me that helsheRhey executed
the same in hWherMreir authorized capeaty(m).and that by hallwAheir �r •:- --
/IPIGELA J. STOKES
signature(s)on the instrument the person(s).or the entity upon behalf ¢ COW 1979348 tD
of which the ed.executed the instrument. m • f40TAW�
f�tiiCPALOfFYLE N M
} WITNESS my he a official seal m Nry Cowlinim Exp.Nx.29.1996
Signature .
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Statement of Covenants
Tract No.4645/UGM 431
Phase II of Tentative Tract No.4261
Page 4
CLERK'S CERTIHICATE
STATE OF CALIFORNIA )
ss.
COUNTY OF FRESNO )
On._ x 1994 before me,
person appeared 011tft:Vt1 .d o" personaffy]mown to me (or
proved to me on the basis of satisfactory evidence)to be the persons(A)whose nameW is/am
subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in
his/he#d*eir authorized capacity(ie*, and that by his/heqfU*4 signature($)on the instrument(*)the
person(J(),or the entity upon behalf of the CITY OF FRESNO of which the person(jr)acted,executed
the instrument.
WITNESS my hand and official seal.
JACQUELINE L.RYLE, CMC
CITY CLERK
By
DEPUTY
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Final Tract No.4645
P.W.F'li a No.9647
EXFMIT A
The Subject Property referred to in these Covenants is situated in the State of California,county of
Fresno,City of Fresno and is descn'bed as follows:
That portion of Lots 21 and 22 of Garfield Parc Colony,recorded in Book 2,Page 66 of Record of
Surveys,Fresno County Records,lying North of the line descn-bed as follows:
Beginning at a point on the West line of said Lot 22,North 0°01' 16"West,a distance of 525.62 feet
from the Southwest comer of said Lot 22; thence North 89' 36' 15"East, a distance of 1,287.18 feet to
the East line of said Lot 21.
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