HomeMy WebLinkAboutPM 2000-19 - Agreement/Covenant - 12/27/2005 WHEN RECORDED MAIL TO:
City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603
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Z ! 1212212005,20050298959 _
O NO FEE-Government Code 6103
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U) CITY of FRESNO
J Planning and Development Department
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P.W. File No. 5494-PM-2000-19
APN: 424-272-22
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 FOR PARCEL MAP NO.
2000-19
F
i
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Statement of Covenants
Fee Deferral
PM 2000-19
Page 2
RECITALS
WHEREAS, RALPH E. LOVELACE and BARBARA J. LOVELACE, husband and wife,
as joint tenants, 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 D, inclusive, of Parcel Map No. 2000-19 as recorded in
Book (4-1 of Parcel Maps at Page(s) 59 �- 66 , Fresno County
Records.
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
WHEREAS, the conditions of approval of Tentative Parcel Map No. 2000-19 (hereafter,
"Project'), require the payment of applicable sewer connection charges,water connection charges,
Urban Growth Management fees, Traffic Signal Charge 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
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
WHEREAS,the Covenantor,as a condition of issuance of building permit(s)for the Project
:T
Statement of Covenants
Fee Deferral
PM 2000-19 -
Page 3
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.
COVENANTS, CONDITIONS, AND RESTRICTIONS
NOW, THEREFORE, the Covenantor hereby covenants as follows:
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. 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 maybe 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
Statement of Covenants
Fee Deferral
PM 2000-19
Page 4
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.
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.
8. Covenantor hereby waives any claim that the provisions of this covenant violate
Statement of Covenants
Fee Deferral
PM 2000-19
Page 5
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 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.
,
Statement of Covenants
Fee Deferral
PM 2000-19
Page 6
O
DATED:
CITY OF FRESNO, COVENANTOR
a Municipal Corporation RALPH 1E. LOVELACE and
BARBARA J. LOVELACE,
husband and wife, as joint tenants
By
c ovino, Director RALPH . LOVE-ACE
Plan.n n and Development Department .
` BARBARA J. L ELACE
APPROVED AS TO FORM:
Subdivider's Mailing Address:
HILDA CANTO-MONTOY 4919 West Birch Avenue
City Attorney Fresno, CA 93722
By
Deputy
(Attach Notary Acknowledgment)
JAM ap docs\Parcel Maps\PM 2000-19\PM-2000-19
Covenant fee deferral rev01-21-05.wpd
STATE OF CALIFORNIA,
COUNTY OF
Fresno } S.S.
On
June 10,, 2005 before me, Suzanne C. Ford
,
a Notary Public in and for said County and State, personally
appeared Ralph E. Lovelace .and Barbara J. Lovelace
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.#1320407
the entity upon behalf of which the, person(s) . NOTARYKMLIC-CALIFORM
acted, executed the instrument. FRESNO COl1NTY
Afly Comm.Expires Oct.6,2005
WITNES y hand and official se
S' nature
STATE OF CALIFORNIA,
COUNTY OF } S.S.
On before me,
a Notary Public in and for said County and State, personally
appeared
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
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed he instrument.
'WITNESS my hand and official seal.
gnature
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This form is furnished by Chicago Title Company
CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On December 1, 2005, before me, Elvia Sommerville, Deputy City Clerk, personally appeared,
M.T. (Michael T.) Kirn, Assistant Public Works Director , known to me (or proved to me on
the basis of satisfactory evidence) to be the person(s) whose name(s) 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),
or the entity upon behalf of the City of Fresno of which the,person(s) acted, executed the
instrument.
WITNESS my hand and official City Seal.
REBECCA E. KL/SCH, CMC
CITY`CLERK
By
Deputy December 1,2005(10:07am)
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5
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EXHIBIT "A"
DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS
Project Zoning: R-1-C
4
l.. WATER CONNECTION CHARGES
A. Service Connections (flat rate cost basis only)
_= inch Services @ $_/Service _ $ N/A
B. - Meters (flat rate cost basis only)
_- 1.0 inch Meters @ $ 330 /Meter = $ 0.00*
_- 1.5 inch Meters @ $-455/Meter' _ $ 0.00*
*Services and /or Meters due at issuance of building permits
C. UGM Transmission Grid Main (TGM) Charge
UGM Reimbursement Area: non-UGM
For Parcels Under 5 Gross Acres
1.9000 Net Acres @ $804.00/ac. _ $ 1,527.60
Less TGM Credit _,$ 0.00
Estimated Net Deferred UGM TGM Charge = $ 1,527.60
D. Transmission Grid Main Bond Debt Service Charge
For Parcels Under 5 Gross Acres
1.9000 Net Acres @ $304.00 lac. _ $ 577.60
E. Frontage Fee
282 Lineal Feet @ $ 6.50 /LF = $ 1,833.00
Estimated Deferred Frontage Fee = $ 1,833.00
F. 1994 Bond Debt Service Fee
1994 Bond Debt Service Area. _ $ N/A
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. UGM Water Supply Fee
4. .Wellhead Treatment Fee
5. Recharge Fee
II. SEWER CONNECTION CHARGES & SEWER RELATED CHARGES
A. UGM Oversize Sewer Charge
UGM Reimbursement Area: non-UGM
28,200 Square Feet @ $0.05 / Sq. Ft. _ $ 1,410.00
Less Oversize Credit = $ 0.00
Estimated Net Deferred UGM Oversize Charge = $ 1,410.00
B. Lateral Sewer Charge
28,200 Square Feet @ $0.10 /Sq. Ft. _ $ 2,820.00
C. Housebranch Sewer Charge = $ N/A
D. Millbrook Sewer Overlay
_ Net Adj Gross Ac @ $ /NAA = $ N/A
_ Units @ $ /Unit = $ N/A
E. Copper Avenue Sewer Lift Station Benefit Service Area Charge
_ Units @ $650.00 Unit _ $ N/A
F. The following sewer connection charges are not deferrable under the terms
of this covenant:
1. Trunk Sewer Charge
2. Wastewater Facilities Sewer Charge
rc4i
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i
r ' III. URBAN GROWTH MANAGEMENT (UGM) FEES
A. UGM Fire Station Fee
Service Area:
— Gross Acres @ $_/GA = $ N/A
B. UGM Neighborhood Park Fee
Service Area:
Gross Acres @ $_/GA = $ N/A
C. UGM Trunk Sewer Fee (Res 83-40)
Service Area:
Gross Acres @ $_/GA ° _ $ N/A
t
D. UGM Major Street Charge
Service Area:
^ Net Adj Acres @ $_/NAA = $ N/A
E. UGM Major Street Bridge Charge
Service Area:
_ Net Adj Acres @ $_/NAA = $ N/A
F. UGM Grade Separation Charge
Service Area:
Net Adjusted Acres @ $!/NAA = $ N/A
G. 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
IV. NON - URBAN GROWTH MANAGEMENT (UGM) IMPACT FEES
A. Traffic Signal Charge
4 Units @ $414.69 / Unit = $ 1.658.76
document:\wp51\deferrol pm2000-19exhibhA\March 4,2005
ti
r EXHIBIT "B" -- PRORATED FEE OBLIGATIONS
Parcel Map 2000-19 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT
Water Water Water TGM Sewer Sewer Traffic
Lot Lot Frontage T.G.M. Bond Debt Lateral Oversize Signal
No. Area Amount Amount Amount Amount Amount Amount
Due Due Due Due Due Due
A 9623 $366.17 $305.20 $115.40 $563.33 $281.67 $414.69
B 11709 $445.54 $371.29 $140.39 $685.45 $342.72 $414.69
C 13420 $510.65 $425.56 $160.91 $785.61 $392.80 $414.69
D 13420 $510.65 $425.56 $160.91 $785.61 $392.80 $414.69
document:\q\print\h 04-Mar-05