HomeMy WebLinkAboutPM 2000-16 - Agreement/Covenant - 8/11/2006 r
Recording Requested by:
City of Fresno
No Fee-Govt.. Code Sections
6103 and 27383
O When Recorded, Mail To: 07115/2092,10019116086
U
�• �'y City Clerk
W City of Fresno
z 2600 Fresno Street
Cil Fresno, CA 93721-3623
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APN: 303-021-17, 78, 79 & 82 CITY of FRESNO
Project ID: PM 2000-16 Planning & Development Department
Project ID: 5494-2000-16 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, DeWayne Zinkin and Sandra Zinkin, 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"I" , inclusive, of Parcel Map No. 2000-16, in the City of Fresno,
County of Fresno, State of California, according to the map thereof recorded on
1-1 S.-Oti , in Book lQ , of Parcel Maps at Pages
Fresno 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 instrument and all
such instruments of Subordination, if any, are attached hereto and made a part of this instrument;
and;
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 2
C. WHEREAS, the conditions of approval of Vesting Tentative Parcel Map No. 2000-16
(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 Section 12-4.604 of the
Fresno Municipal Code; and;
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 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 Planning and Development Director.
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 3
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 Planning and Development Director, when the proration of a
Fee obligation is 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 Planning and
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 approved reconfiguration to the
size or number of lots, parcels, units or buildings. When Covenantor elects to pay one or more
of the deferred Fees in advance of the request for issuance of a Certificate of Occupancy, the full
amount of such Fee must be paid. The remaining unpaid deferred Fees for that lot, parcel, unit
or building shall be paid in full at the time the Covenantor or successors and assigns requests the
issuance of a Certificate of Occupancy.
4. The actual Fee obligations shall be recalculated by the City at the time of payment at the
fee rates in effect at the time of such payment. For the purpose of fee recalculations, the fee
credits applied in Exhibit"A"to establish Fee obligations shall not 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.
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 4
5. Additional new fee obligations not listed on Exhibit "A", but in effect at the time the
Covenantor or successors and assigns requests the issuance of a Certificate of Occupancy, will
be applicable to this Project if such new fee(s) is/are duly established by the City Council in
accordance with Government Code Section 66498.1.
6. At the sole discretion of the Planning and Development Director, a request for"temporary
utility connection"or a"temporary or safe to occupy" may be made subject to the provision of an
additional cash security deposit representing a portion or all of the deferred Fee 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.
S. 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.
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 5
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.
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 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.
H
H
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Statement of Covenants
Deferring Fees and
Creation of Lien
Page 6
DATED:
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
By: ABy:
7gPIann
ovino, Director Dewayn inkin
& Development Department
By:
APPROVED AS TO FORM: Sandra Zinkin DeWayne Zinkin
her attorney-in-fact
HILDA CANTO MONTOY
City Attome
By: (Covenantor: Attach Notary
Deputy Acknowledgments)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County ofS�t7
On y"/�f � O Z , before me,
Date Name and Title of Officer(e.g.,"Jane Doe,,ota lic")
Zi $
b hipersonally appeared
Name(s)of Si r(s) .50X)b"
❑ personally known to me
proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
THOMAS H.DOSS subscribed to the within instrument and
LOA . COMM. H.BO S wacknowledged to me that he/she/they executed
HNOTARY PUBLIC•CALIfORN(Ay the same in his/her/their authorized
FRESNO COUNTY N capacity(ies), and that by his/her/their
My Comm.Exp.Feb.10,2005 signature(s) on the instrument the person(s), or
the enti upon behalf of which the person(s)
acted, x cu ted the instrument.
WITN nd an official seal.
Place Notary Seal Above Signature of Notary u is
Ii
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
i 1
Description of Attached Document
c Title or y pe of Document: ��a7lS� ,��✓ �—le
' Document Date: zT/_/4* Number of Pages:,(::�a
Signer(s) Other Than Named Above:
i 1
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual .
Top of thumb here
❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nalrorolnotary.org Prod.No.5907 Reorder:Cell Toll-Free 1-6068766927
CITY CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
Onti►k , 2002 before me, Elvia Sommerville, Deputy City-Clerk, personally
appeare Nick P. Yovino, Director Planning and 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
-1
By: ��UZcL -Z,QZe--J
DEPUTY
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on February 28, 2000, in the office of the Fresno County Recorder, as Document No.
20000022401 of which the Deed of Trust in by and between DeWayne Zinkin-and Sandra Zinkin,
husband and wife, as Trustor, Stewart Title of California, Inc., as Trustee, and Ameritas Life
Insurance Corp., a Nebraska Corporation, Acacia Life Insurance Company, a Corporation
chartered by Act of Congress, and Amerus Life Insurance Company, an Iowa Corporation,
as Beneficiary,hereby expressly subordinates said Deed of Trust and its beneficial interest thereto
to the foregoing Statement of Covenants for Certain Sewer Connection Charges, Water
Connection Charges, Urban Growth Management Fees and Development Fees and Creation of
Lien for Parcel Map No. 2000-16.
DATED: N ha 6 Y2002
Ameritas La Insurance Corp.
r
By:
Acacia Life Insurance Company
By:
Amer Life Insurance Company.,
L 7
(Attach Notary Acknowledgment)
STATE OF NEBRASKA )
) SS
COUNTY OF LANCASTER)
The foregoing instrument was acknowledged before me this 30th day of April 2002,by
Jon B. Weinberg, Vice President of Ameritas Life Insurance Corp.
Witness my hand and official seal here affixed the day and year rst above written.
GENERAL NOTARY,80 of N*uMa �n �
SUZANNE LANGUIS
M Comm.Ev.MIft 14,2M Notary Pu in and for the State of raska.
My CommissionExpires:
3-14-04
STATE OF NEBRASKA )
) SS
COUNTY OF LANCASTER)
The foregoing instrument was acknowledged before me this 30th day of April 2002,by James
Mikus, Ameritas Investment Advisors for Ameritas Life Insurance Corp. as Authorized Agent of
Acacia Life Insurance Company.
Witness my hand and official seal her affixed the day and year first above written.
UNEM NOTARY-State Of H*Uka
II SUZANNE LANGUIS
MY comm.Eq.Mad 14,2M Notary PW>-Ti-C in and for the State of N s a.
My Commission Expires:
3-14-04
STATE OF IOWA )
SS
COUNTY OF POLK )
The foregoing instrument was acknowledged before me this
1st day of May, 2002, by Dale E. Helling, Vice President of AmerUs
Life Insurance Company.
Witness my hand and official seal hereto affixed teh day and
year first above written.
Notary Public in and for the State of
Iowa
My Commission Expires:
BCHMANKE
,M, Mp CKM ewJ*3W am
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on May 8, 2001, in the office of the Fresno County Recorder, as Document
No. 2001-0062662 of which the Deed of Trust in by and between DeWayne Zinkin and Sandra
Zinkin, husband and wife, as Trustor, First American Title Insurance Company,as Trustee, and
Housing Capital Company, a Minnesota Partnership, as Beneficiary, hereby expressly
subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of
Covenants for Certain Sewer Connection Charges, Water Connection Charges, Urban Growth
Management Fees and Development Fees and Creation of Lien for Parcel Map No. 2000-16.
DATED: MA ', � , 2002
Hous!q.q Company
By: �
..� 4
Thomas G. Walker, Vice President
(Attach Notary Acknowledgment)
ALL PURPOSE ACKNOWLEDGMENT
STATE OF CALIF RNIA
COUNTY OF -4UY-h 6-- }
On 5' (L . 0 y , before me, ,
personally appeared dmas- CZ
personall known to me or proved to me on the basis of satisfactory
evidence) e e personPQ whose name(K is/aW subscribed to the
within instrument and acknowledged to me that he/sYe/tpt executed
the same in his/bAdtli& authorized capacity(jK),and that by his/h</tl�u _
signaturetW on the instrument the person(4 or the entity upon behalf of MMiA J. VALDEZ
which the personU, acted, executed the Instrument. NCo M#12u
.room
6M,am*
WITNESS my hand and official seal. M► wa xw
Mw
Signature (This area for official notarial seal)
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent
attachment of this certificate to.another document.
THIS CERTIFICATE MUST BE ATTACHED TO Title of Document Type
THE DOCUMENT DESCRIBED AT RIGHT. Number of Pages Date of Document
Signer(s)Other Than Named Above
EXHIBIT"A"
DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS
Project Zoning: C-6/UGM
I. WATER CONNECTION CHARGES
A. Service Connections (flat rate cost basis only)
_=inch Services @ $_/Service = $ N/A
B. Meters (flat rate cost basis only)
_ inch Meters @ $_/Meter = $ N/A
C. UGM Transmission Grid Main (TGM) Charge
UGM Reimbursement Area: A
35.4355 Gross Acres @ $ 560/GA = $ 19,843.88
Less TGM Credit = $ 19,843.88
Estimated Net Deferred UGM TGM Charge = $ Paid
D. Transmission Grid Main Bond Debt Service Charge
For Parcels 5 Gross Acres and Above
35.4355 Gross Acres @ $243.00/ac. _ $ 8,610.83
Less TGM Bond Debt Service Credit = $ 6,570.96
Estimated Net Deferred TGM Bond Debt Service Charge =$ 2.039.87
E. Frontage Fee
1.160 Lineal Feet @ $ 6.50/LF = $ 7,540.00
Less Frontage Fee Credit = $ 7,540.00
Estimated Deferred Frontage Fee = $ Paid
F. 1994 Bond Debt Service Fee
101 1994 Bond Debt Service Area.
184 Units @ $895/ Living Unit Equivalents = $ 164,680.00
Less 1994 Bond Debt Fee Credit = $ 133,355.00
Estimated Deferred 1994 Bond Debt Fee = $ 31,325.00
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
3. Fire Hydrant Charge
4. UGM Water Supply Fee
5. Wellhead Treatment Fee
6. Recharge Fee
11. ' SEWER CONNECTION CHARGES &SEWER RELATED CHARGES
A. UGM Oversize Sewer Charge
UGM Reimbursement Area: 7
116,000 Square Feet @ $0.05/Sq. Ft. _ $ 5,800.00
Less Oversize Paid = $ 5,800.00
Estimated Net Deferred UGM Oversize Charge = $ Paid
B. Lateral Sewer Charge
116.000 Square Feet @ $0.10 /Sq. Ft. _ $ 11,600.00
Less Lateral Sewer Paid = $ 11,600.00
Estimated Net Deferred Lateral Sewer Charge = $ Paid
C. Housebranch Sewer Charge = $ N/A
D. 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: 13
35.4355 Gross Acres @ $_Z42/GA = $ 26,293.14
Less Fire Station Fee Paid = $20,329.58
Estimated Net Deferred UGM Fire Station Charge = $ 5,963.56
B. UGM Neighborhood Park Fee
Service Area: 6
35.4355 Gross Acres @ $ 566 /GA = $ 20,056.49
Less Neighborhood Park Fee Paid = $ 15,581.98
Estimated Net Deferred UGM Neighborhood Park Charge = $ 4,474.51
C. UGM Trunk Sewer Fee (Res 83-40)
Service Area:
Gross Acres @ $ /GA = $ N/A
D. UGM Major Street Charge
Service Area: B
31.7073 Net Adj Acres @ $ 680/NAA = $21,560.96
Less Major Street Charge Credit = $ 21,560.96
Estimated Net Deferred UGM Major Street Charge = $ Paid
E. UGM Major Street Bridge Charge
Service Area: B
31.7073 Net Adj Acres @ $ 5/NAA = $ 158.54
Less Major Bridge Charge Paid = $_128.45
Estimated Net Deferred UGM Major Bridge Charge = $ 30.09
F. UGM Traffic Signal Charge
31.7073 Net Adjusted Acres @ $ 860/NAA= $ 27,268.28
Less Traffic Signal Charge Paid = $ 22,093.40
Estimated Net Deferred UGM Traffic Signal Charge = $ 5,174.88
G. UGM Grade Separation Charge
Service Area:
Net Adjusted Acres @ $_/NAA = $ N/A
H. UGM At-Grade Railroad Crossing Charge
Service Area: A-D
31.7073 Net Adjusted Acres @ $236/NAA = $ 7,482.92
Service Area: A-E
31.7073 Net Adjusted Acres @ $160/NAA = $ 5,073.17
Less At-Grade RR-Xing Charge Paid = $10.173.24
Estimated Net Deferred UGM At-Grade RR-Xing Charge = $ 2.382.85
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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