HomeMy WebLinkAboutPM 1994-10 - Agreement/Covenant - 8/15/2006 (2) FcCURDED AT REQUEST OF
96024692 CENT TIT
MIN. PAST
{ t,� o� -�n��r t FEB 2 7 1996
- FRESNO COUNTY. CALIFORNIA
WILLIAM C. GREENW000, County Aecerd
Donita Ghimenti FEE
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ABOVE SPACE FOR RECORDER'S:IISE
APN: 404-040-52 CITY of FRESNO
Project ID: Final Parcel Map No.94-10 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, HERNDON - CEDAR INVESTMENT GROUP TRUST, 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 in Exhibit "A," which is incorporated herein by this reference; 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
C. WHEREAS, the conditions of approval of Tentative Parcel Map No. 94-10 (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,
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 2
"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 "B," 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 'B" 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
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 5
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
STATE OF CALIFORNIA SS.
COUNTY OF FRESNO
On 1/29/96 before me, N. GHILOTTI
personally appeared
MARVIN MELIKIAN
personally known to me (or proved to me on the basis of satisfactory evidence) o •��4 N.Ulm
to be the person(s)whose name(s)is/are subscribed to the within instrument [C comm.#107
0569
RY PUBLIC-CALIFORNIA a)
and acknowledged to me that he/she/they executed the same in his/her/ m INCIPAL OFFICE IN
Uteir authorized capacity(es),and that by his/her/their signature(s)on the m FRESNO COUNTY
Wswums th rson(s),or the entity upon behalf of which the person(s) W fe m*san Exp.Sept.9,1999
aolsd,ex instrument.
WIT d W seal.
81Wwdure (Seal)
CT-85
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 6
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.
DATED: z--z,-i6 4,
CITY OF FRESNO, COVENANTOR
a Municipal Corpo ion
HERNDON - CEDAR INVESTMENT
GROUP TRUST,
By:
Alvin P. Solis, Director t /
Development Department By.
Marvin Melikian, Trustee
APPROVED AS TO FORM:
HILDA CANTO MONTOY
Atto ey
B ,
Depu
(Covenantor: Attach Notary
Acknowledgements)
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
)ss
COUNTY OF FRESNO )
On 2 , 1996,before me,Jocelyn Gueret,personally appeared Alvin
P. Solis, Development Director 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), or the entity
upon 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
By C -
PUTY
f
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 8
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of
Trust recorded on January 17, 1986, in the office of the Fresno County Recorder Document
No. 86008935 of which the Deed of Trust in by and between Ralph J. Strachan, as Trustee of
the Herndon-Cedar Investment Group Trust pursuant to a Declaration of Trust dated February
17, 1983 as to an undivided 1/2 interest and CLRJ Ranch, a partnership, as to an undivided 1/2
interest, as Trustor, Central Title Company, a California Corporation, as Trustee, and
Yt1 "pons
6 ;�ar tial Real In., 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 Final Tract Map No.94-10.
DATED: k Y L ., 1904
fid. o o s
Nor o
(Attach Notary Acknowledgement)
NOTARY ACKNOWLEDGEMENT:
State of California }
County of t/PESKO }
On Fob m(otA(NAn T before me, 4e- &,vAt12s1daep
personally appeared r/LP,^, 'P-)d o S
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 the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
Witness my hand and official seal.
Name DG14 Ale- ST(1 LG Y-44h 'o Signature .41'vd-ll
My commission expires County of
t)W�STne, a�
WTMY
mCmMiniv,EWJ=29."N
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 9
EXHIBIT "A"
LEGAL DESCRIPTION of SUBJECT PROPERTY
Parcels A and B, inclusive, of Final Parcel Map No. 94-10 as record in Book , of
FEB 2 7 1996
Parcel Maps at Page , on . 1996, Fresno County Records.
EXHIBIT "B"
DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS
Project Zoning: C-P/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:
Estimated Net Deferred UGM TGM Charge = $ Paid
D. Frontage Fee
Estimated Deferred Frontage Fee = $ Paid
E. 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
7. Bond Debt Service Fee
II. SEWER CONNECTION CHARGES & SEWER RELATED CHARGES*
A. UGM Oversize Sewer Charge
Estimated Net Deferred UGM OS Charge = $ Paid
B. Lateral Sewer Charge
Lineal Feet @ $ 10.00 /LF = $ Paid
C. Housebranch Sewer Charge = $ N/A
D. Millbrook Sewer Overlay*
Net Adj Gross Ac @ $ /NAA = $ N/A
Units @ $ /Unit = $ N/A
E. The following sewer connection charges are not deferrable under the terms
of this covenant:
1. Trunk Sewer Charge
2. Major Facilities Sewer Charge
3. Wastewater Facilities Sewer Charge
M. URBAN GROWTH MANAGEMENT FEES
A. UGM Fire Station Fee
Service Area:
Gross Acres @ $ /GA = $ Paid
B. UGM Neighborhood Park Fee
Service Area: 7
Amount Deferred by T-3960 = $ 3,144.15
C. UGM Trunk Sewer Fee (Res 83-40)
Service Area:
Gross Acres @ $ /GA = $ N/A
D. UGM Major Street Charge
Service Area:
Net Adj Acres @ $ /NAA = $ Paid
E. UGM Major Street Bridge Charge
Service Area:
Net Adj Acres @ $ /NAA = $ Paid
F. UGM Traffic Signal Charge
Net Adjusted Acres @ $ 860 /NAA = $ Paid
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 = $ Paid
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
doctunent: \wp51\deferraI\prn94-10 January 23, 1996
EXHIBIT "C" -- PRORATED FEE OBLIGATIONS
P.M. 94-10 Sewer, Water, UGM Fee
Lot Park-7 Date
No. Area Fee Paid C.M.#
---------------------------------------
---------------------------------------
A 1 . 04 $1, 579 . 67
B 1. 03 $1, 564 . 48
---------------------------------------
TOTAL 2 . 07 $3, 144 . 15
document : \q\tracts\dpm94-10 .wg1 23-Jan-96