HomeMy WebLinkAboutPM 2000-15 - Agreement/Covenant - 8/11/2006 (2) Y '
When Recorded Mail To:
City Clerk gg�g
City of Fresno
2600 Fresno Street
0s
Fresno, CA 93721-3603
NO FEE-GOVERNMENT CODE 6103
Project ID: PM 00-15 City of Fresno
C-00-066 Development Department
APN 403-050-13
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
(PARCEL MAP NO. 00-15)
WHEREAS, Shepard Ranch Partners, a California General Partnership, hereinafter
referred to as"Covenantor,"is the owner of the real property situated in the City of Fresno,County
of Fresno, State of California, hereinafter referred to as "the Subject Property" and more
particularly described as follows:
Parcels A through G, inclusive, of Parcel Map No. 2000-15 according to the map
thereof recorded in Book � / —o f Parcel Maps at
Page(s) 2 , Fresno County Records;
and
WHEREAS, 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 that all
such instruments of Subordination, if any, are attached hereto and made a part of this instrument;
and
WHEREAS, Covenantor has developed, or intends to develop the Subject Property with
buildings, structure, parking areas, driveways, driveway approaches, landscaping, landscape
irrigation, water for domestic and fire protection purposes, sanitary sewer disposal, gas, electric,
tele- communication services, refuse container enclosures, emergency accesses, required
Statement of Covenants Affecting Land Development
Parcel Map No. 00-15
Page 2
walls/fences and other requirements in accordance with the approved Special Permit application
designated as Conditional Use Permit No. 00-66 and any amendments thereto, hereinafter referred
to as"Special Permit,"in such a manner that each parcel of the Subject Property will be compelled
to use portions of other Parcels of the Subject Property; and
WHEREAS, the City of Fresno is unable to find that Parcel Map 00-15 is in substantial
compliance with the approved Tentative Map for Parcel Map 00-15 ("Tentative Map") until the
Covenantor provides assurances that such improvements and buildings will be constructed and
maintained in compliance with the conditions of approval of the Special Permit, Tentative Map, the
California Building Code and the Fresno Municipal Code.
WHEREFORE, COVENANTOR HEREBY COVENANTS AS FOLLOWS:
1. In consideration of the approval and recordation of Parcel Map No. 98-03,
Covenantor hereby covenants that the Subject Property shall be held, conveyed, encumbered,
used, occupied, developed, maintained, and improved subject to the following covenants,
conditions, and restrictions, which are for the purpose of enhancing attractiveness, usefulness,
value, and desirability of the Subject Property,the surrounding property, and the public at large and
to minimize possible adverse effects on the public health, safety, peace,and general welfare. Each
of the covenants, conditions, and restrictions contained in this Statement shall run with the Subject
Property and shall be binding upon and inure to the benefit of each successive owner of the Subject
Property and his or her heirs, successors, and assigns.
2. Each Parcel of the Subject Property shall be developed and used in such a manner
as to enable cross access between and among the Parcels for the following purposes: pedestrian
and vehicular ingress and egress; shared parking areas; cross drainage of storm water; cross
Statement of Covenants Affecting Land Development
Parcel Map No. 00-15
Page 3
access for utilities (Including but not limited to gas, electricity, water, fire suppression systems,
sewer, tele-communications, etc.); emergency services access; landscaping; walls/fences; refuse
enclosures; provided the entire scope of the cross access is as approved by the City of Fresno in
the Special Permit, regardless of whether the Parcels of the Subject Property are owned or leased
by the same or different persons.
3. Mutual easements appurtenant are hereby created and apply to each Parcel of the
Subject Property as a burden and benefit, to satisfy the need for cross access.
4. Any buildings or structures constructed on any parcel of the Subject property must
comply with the prevailing California Building Code.
5. Covenantor shall maintain and repair the improvements and buildings, in such a
manner that will not limit or impair such mutual non-exclusive uses across parcel lines within the
Subject property, in compliance with the approved Special Permit, Tentative Map, the California
Building Code and the Fresno Municipal Code.
6. The cost of maintenance and repair of improvements, utility charges which are not
separately metered and billed (including but not limited to charges for sewer, water, solid waste
collection, gas, electric and tele-communication service), shall be the responsibility of the
Covenantor unless otherwise agreed between the property owners of each Parcel of the Subject
Property by written agreement. However, nothing herein shall limit the City's ability to hold each and
any owner of any of the parcels joint and severably liable for maintenance and repair of
improvements which are shared or used, directly or indirectly, by more than one parcel
7. At such time Covenantor or subsequent owner(s) sells or transfers any Parcel of the
Subject Property, the owner shall disclose this Statement to the buyer and reserve and except from
the deed for the Parcel(s), the terms of this Statement.
Statement of Covenants Affecting Land Development
Parcel Map No. 00-15
Page 4
8. The conditions of this Statement are intended to benefit the public and public
properties as well as properties appurtenant. Failure to comply with the terms of this Statement
may result in the revocation of the Certificate of Occupancy or Special Permit by the City for use of
any Parcel of the Subject property involved. Accordingly, the City of Fresno shall have the right to
enforce this Statement by any legal or equitable means.
9. Each of the covenants, conditions, and restrictions contained in this Statement shall
run with the Subject Property and shall be binding on each successive owner of the Subject
Property, his heirs, representatives, successors, and assigns.
10. The conditions and obligations of this Statement shall remain in full force and effect
until such time as the Development Director of the City of Fresno issues a written release of such
conditions and obligations and records such release with the Fresno County Recorder.
11. 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 other provision 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 Affecting Land Development
Parcel Map No. 00-15
Page 5
DATED: O t , 2001
CITY OF FRESNO, COVENANTOR
a Municipal Corporation Shepard Ranch Partners,
A California General Partnership
By
I k P. Yovino, Director By
D elopment Department SpVrding G. W th n, General Partner
Burgess/Smith Development Group,
A California General Partnership,
as General Partner
APPROVED AS TO FORM: By:
V
urgs,�gsGen a ner
HILDA CANTU M Y Iva
City Attorney By: U'1`�
Marvin L. Smith, General Partner
By
De ty
7
(Attach Notary Acknowledgments for Covenantor)
City of Fresno Mailing Address: Subdivider's Mailing Address
Development Department Shepard Ranch Partners
Planning Division 4364 W. Shaw Avenue
2600 Fresno Street Fresno, California 93722
Fresno, CA. 93721-3604
CITY CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
A ril 27 Elvia Sommerville
On P , 2001, before me, N}CYXK*= personally appeared
Nick P. Yovino, Director
Development Department personally known to me (or provided to me on the basis of satisfactory
evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me
that he/she executed the same in his/her authorized capacity, and that by his/her signature on the
instrument the person, or the entity upon behalf of the CITY OF FRESNO of which the person acted,
executed the instrument.
WITNESS my hand and official seal.
CITY CLERK
REBECCA E. KLISCH
By
DEPUTY
Statement of Covenants Affecting Land Development PM 00-15(02-13-01)
STATE OF CALIFORNIA,
COUNTY OF Fresno
On March 28, 2001 before me, the undersigned
a Notary Public in and for said County and State, personally
appeared Marvin L. Smith- Spalding_G. Wathen
personally known to me (or proved to me on FOR NOTARY SEAL OR STAMP
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 SUZANNE C. FORD
authorized capacity(ies), and that by his/her/their COMM. #1145516 c
signature(s) on the instrument the person(s), or NOTARY PUBLIC•CALIFORNIA
FRESNO COUNTY
the entity upon behalf of which the person(s) ,s OR My Comm.Expires Ot6,2001
acted, executed the instrument.
WITNESATy hand and official seal.
ignatur
I CERTIFY UNDER PENALTY OF PERJURY THAT THE "NOTARY SEAL" ON THE
DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS:
COMMISSION #
NAME OF NOTARY
DATE COMMISSION EXPIRES
PLACE OF EXECUTION DATE
Govt. Code, Sec. 27261.7)
Signature (Firm Name If Any)
This form is furnished by Chicago Title Company
TE 160-A Fresno(11-95)
STATE OF CALIFORNIA,
COUNTY OF Fresno
On April 31 2001 before me, the undersigned
a Notary Public in and for said County and State, personally
appeared Don L. Burgess
personally known to me (or proved to me on FOR NOTARY SEAL OR STAMP
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 SUZANNE C. FORD
signature(s) on the instrument the person(s), or COMM. #1145516 c
the entity upon behalf of which the person(s) NOTARY PUBLIC CALIFORNIA
• FRESNO COUNTY
acted, executed the instrument. N� My Comm.Expires Oct.6,2001
WIT y hand and official sea.
gnature
I CERTIFY UNDER PENALTY OF PERJURY THAT THE "NOTARY SEAL" ON THE
DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS:
COMMISSION //
NAME OF NOTARY
DATE COMMISSION EXPIRES
PLACE OF EXECUTION DATE
Govt. Code, Sec. 27261.7)
Signature (Firm Name If Any)
This form is furnished by Chicago Title Company
TE 160-A Fresno(11-95)
05/22/2001,20010089888
124
INNER WN,"11-11,
�. N
s
APN: 403-050-13 CITY of FRESNO
Final Parcel Map No. 2000-15 Development Department
Building & Safety Services Division
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
DEFERRING CERTAIN SEWER CONNECTION CHARGES, WATER
CONNECTION CHARGES, URBAN GROWTH MANAGEMENT FEES AND
DEVELOPMENT FEES TO THE TIME OF ISSUANCE OF CERTIFICATE OF
OCCUPANCY AND CREATION OF LIEN
RECITALS
A. WHEREAS, SHEPHERD RANCH PARTNERS, a California General 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, hereafter referred to as the "Subject
Property" and more particularly described as follows and by this reference made part of
this Statement of Covenants:
Parcels A through G, inclusive, of Parcel Map No. 2000-15, in the City of Fresno,
C unty of Fresno, State of California, according to the map thereof recorded on
C , in Volume , of Parcel Maps at Pages
Fresn County Records.
and
B. WHEREAS, 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
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 2
instrument and all such instruments of Subordination, if any, are attached hereto and
made a part of this instrument; and
C. WHEREAS, the conditions of approval of Vesting Tentative Parcel Map No.
2000-15 (hereafter, "Project"), require the payment of applicable sewer connection
charges, water connection charges, Urban Growth Management fees and/or the Millbrook
Overlay Sewer fee(hereafter, "Fees") in accordance with the provisions of Chapters 9, 11,
12 and 14 of the Fresno Municipal Code, Resolution No. 95-117 and Resolution No. 95-
118 (hereafter, "Ordinances and Resolutions"); and
D. WHEREAS, said Ordinances and Resolutions provide the Covenantor the option
to defer certain Fee obligations, more particularly identified in the attached Exhibit "A",
to the time of issuance of a Certificate of Occupancy pursuant to the requirements of
_�...^ t•Section 12-4.604 of the Fresno Municipal Code; and =day rr
E. WHEREAS, the Covenantor, as a condition of issuance of building permit(s) for
the Project pursuant to the provisions of the latest edition of the Uniform Building Code
as adopted by the State of California and as amended by the City of Fresno, including any
subsequent extension and expiration of such permit and the re-issuance of a new building
permit for any expired permit on any lot or parcel of the Subject Property, desires to defer
the payment of the Fee obligations identified in Exhibit "A" pursuant to the requirements
of said Section 12-4.604 until such time that the Covenantor or successors and assigns
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 3
requests the issuance of a Certificate of Occupancy.
NOW, THEREFORE, the Covenantor hereby covenants as follows:
COVENANTS. CONDITIONS. AND RESTRICTIONS
1. For the express purpose of administering the fee deferral process, the Fee
obligations for the Project may be prorated by the City to each lot, parcel, unit or building
on the Subject Property in the manner established by the Development Director. The
intent of this provision is to prorate the Fee obligations of common use areas, outlots,
public street easements and similar miscellaneous areas of the Project in a reasonable
manner to each lot, parcel, unit or building of the Project to facilitate reasonable
administration of the fee deferral process.
2. At the sole discretion of the Development Director, when the proration of a Fee
obligationis not:feasible,.to be administered on a lot, parcel, unit or building basis, the
Covenantor may be required to pay the total Fee obligation for such fee for the Project
with the first request for issuance of a certificate of occupancy for the Project.
3. The Covenantor may elect to pay any of the deferred Fees prorated to each lot,
parcel, unit or building as identified on the attached Exhibit "B", at any time after the
recordation of this instrument. The Fee obligations stated in said Exhibit "B" shall be
maintained by the Development Director and shall be adjusted to reflect the Fee rates in
effect at the time payment is made, and may be adjusted to account for any subsequently
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 4
approved reconfiguration to the size or number of lots, parcels, units or bui
Covenantor elects to pay one or more of the deferred Fees in advance of tl; :c
issuance of a Certificate of Occupancy, the full amount of such Fee must b. :c . The
remaining unpaid deferred Fees for that lot, parcel, unit or building shall be i; .;d iri full at
the time the Covenantor or successors and assigns requests the issuance of ::T
Occupancy.
4. The actual Fee obligations shall be recalculated by the City at the tir,r, r
at the fee rates in effect at the time of such payment. For the purpose of f(
recalculations, the fee credits applied in Exhibit "A" to establish Fee oblig,,- s -, 11 n,-;t
be adjusted during the effective term of this Statement. Any additional credits established
after the recordation of this instrument shall be reimbursed in the manner established by
the section.of.the-Fresno Municipal Code relating to that specific Fee.
5. Additional new fee obligations not listed on Exhibit "A", but in effe:,: ,lic time
the Covenantor or successors and assigns requests the issuance of a Certifi
Occupancy, will be applicable to this Project if such new fee(s) is/are duly e.-fled t
the City Council in accordance with Government Code Section 66498.1.
6. At the sole discretion of the Development Director, a request for "t( uti} w
connection" or a "temporary or safe to occupy" may be made subject to the )no
an additional cash security deposit representing a portion or all of the defe
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 5
amounts.
7. Notwithstanding any of the above payment times, the maximum period for
deferment of Fees for a lot, parcel, unit or building shall be limited to a period of one (1)
year after final inspection of a building. This time period approximates with the Uniform
Building Code and Fresno Municipal Code period which provides for an active permit life
of 180 days, after last inspection, with provisions for one (1) extension of said permit, not
to exceed a period of 180 days.
8. Covenantor hereby waives any claim that the provisions of this covenant violate
Government Code Section 65961.
9. 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, 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.
10. 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
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 6
any person other than to a successor municipal corporation whose geographic boundaries
include the Subject Property.
11. In the event that litigation is instituted to enforce the processing of this covenant,
the parties agree that the prevailing party shall be paid reasonable attorney's fees.
12. The conditions and obligations of this Statement, for each lot or parcel of the
Subject Property, shall be of no further force and effect upon satisfaction of the Fee
obligations for such lot or parcel.
13. The conditions and obligations of this Statement shall remain in full force and
effect until such time as the Fee obligations for all lots, parcels, units or buildings of the
Project on the Subject Property are fully satisfied.
14. The provisions of this Statement shall be deemed independent and severable and
the invalidity or partial invalidity or unenforceability of an.y..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
Deferring Fees and
Creation of Lien
Page 7
DATED:
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
SHEPHERD RANCH PARTNERS,
a California General Partnership
By:
i k . Yovino, Director
D elopment Department By:
p Wing GhGhen, General
Partner
APPROVED AS TO FORM:
Burgess/Smith Development Group,
HILDA CANTO OY a California General Partnership,
City Attorn as General Partner
By: By:
Deputy Don L. urgess, General Partner
By: )A41" ,
Marvin L. Smith, General Partner
(Covenantor: Attach Notary
Acknowledgments)
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
On February 22, 2001 before me, PAT WINEGAR, a Notary Publice personally
appeared SPALDING G. WATHEN, DON L. BURGESS AND MARVIN L. SMITH personally
known to me (or proved to me on the basis of satisfactory evidence) to be
the person(s) whose names(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.
PAT WINEGAR
WITNESS my hand and official seal. COMM.#1293471
NOTARY PUBLIC-CALIFORNIA
FRESNO COUNTY
My Comm.Expires Feb.9,2005
Signature
(Notarial Seal)
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 8
CITY CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
On April 27 , 2001 before me, Elvia Sommerville _
personally appeared Nick P. Yovino, Director Development Department
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(s), the person(s) on behalf of the CITY OF
FRESNO of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
REBECCA E. KLISCH
CITY CLERK
v
By:
DEPUTY
EXHIBIT "A"
DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS
Project Zoning: C-P/UGM
I. WATER CONNECTION CHARGES
A. Service Connections (flat rate cost basis only)
Due at Building Permit
B. Meters (flat rate cost basis only)
Due at Building Permit
C. UGM Transmission Grid Main (TGM) Charge
UGM Reimbursement Area: A
13.0935 Gross Acres @ $ 560 /GA = $ 7,332.36
Less TGM Credit = $ 0.00
Estimated Net Deferred UGM TGM Charge = $ 7,332.36
D. Transmission Grid Main Bond Debt Service Charge
For Parcels 5 Gross Acres and Above
13.0935 Gross Acres @ $243.00/ac. _ $ 3,181.72
Less-TGM Bond Debt Service Credit = $ 0.00
Estimated Net Deferred TGM Bond Debt Service Charge = $ 3,181.72
E. Frontage Fee
1,340 Lineal Feet @ $ 6.50 /LF = $ 8,708.12
Estimated Deferred Frontage Fee = $ 8.708.12
F. 1994 Bond Debt Service Fee
100 1994 Bond Debt Service Area.
62.3 Units @ $895.00/ Unit = $ 55,758.50
G. The following water connection charges are not deferrable or prorated
under the terms of this covenant:
1. Service Connections for common, landscape and other miscellaneous
areas, and Time & Materials cost basis
2. Meters for common, landscape and other miscellaneous areas, and Time
& Materials cost basis
II. SEWER CONNECTION CHARGES & SEWER RELATED CHARGES*
A. UGM Oversize Sewer Charge
UGM Reimbursement Area: 1
138,971 Square Feet @ $0.05/Sq Ft. _ $ 6,948.55
Less Oversize Credit = $ 0.00
Estimated Net Deferred UGM Oversize Charge = $ 6,948.55
B. Lateral Sewer Charge
138,971 Square Feet @ $ 0.10/Sq Ft. _ $ 13,897.10
C. Millbrook Sewer Overlay
Net Adj Gross Ac @$ NAA = $ N/A
Units @ $ /Unit = $ N/A
III. URBAN GROWTH MANAGEMENT FEES
A. UGM Fire Station Fee
Service Area: 21
13.0935 Gross Acres @ $ 2,460.00 GA = $ 32,210.01
B. UGM Neighborhood Park Fee
Service Area: 7
13.0935 Gross Acres @ $ 1,268.00 GA = $ 16,602.56
C. UGM Trunk Sewer Fee (Res 83-40)
Service Area:
Gross Acres @ $ /GA = $ N/A
D. UGM Major Street Charge
Service Area: F
10.7431 Net Adj Acres @ $ 2,500.00/NAA = $ 26,857.75
E. UGM Major Street Bridge Charge
Service Area: F
10.7431 Net Adj Acres @ $ 50.00/NAA = $ 537.16
F. UGM Traffic Signal Charge
10.7431 Net Adjusted Acres @ $ 860 /NAA = $ 9,239.07
G. UGM Grade Separation Charge
Service Area:
Net Adjusted Acres @ $ /NAA = $ N/A
H. UGM At-Grade Railroad Crossing Charge
Service Area:
Net Adjusted Acres @ $ /NAA = $ N/A
I. The following charges are not deferrable under the terms of this
covenant:
1. UGM Major Street rights of way acquisition and construction
2. UGM Local Street rights of way acquisition and construction
3. UGM Major Street Bridge rights of way acquisition and construction
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