HomeMy WebLinkAboutPM 1995-04 - Agreement/Covenant - 8/15/2006 (2) PLEASE CONI FMA 9 513 7 8 9
IN. PAST M
OCT 2 719 5
yl
FRESNO COUNTY, CALIFORNIA
WILLIAM C.GREENWOOD,County Recorder
Donita Ghimenti FEE
BY DEPUTY RECORDER
ABOVE SPACE FOR /IECORDEXY USE
APN: 312-082-36(por.) CITY of FRESNO
Project ID: Final Parcel Map No. 95-04 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, TAKAICHI YAMAGUCHI, KENT YAMAGUCHI, RONALD
YAMAGUCHI. and DAVID YAMAGUCHI, 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. 95-04, (hereafter,
"Project"), require the payment of applicable sewer connection charges, water connection
RECORDED AT REQUEST OF
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 2
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 "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
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 3
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
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 "C," at any time after the recordation of
this instrument. The Fee obligations stated in said Exhibit "C" 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 approved
reconfigurations 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
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 4
the fee rates in effect at the time of such payment. For the purpose of fee recalculations, the
fee credits applied in Exhibit "B" 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 "B," 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 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
Government Code Section 65961.
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 5
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
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 6
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.
DATED:
CITY OF FRESNO, COVENANTOR
a Municipal oration TAKAICHI YAMAGUCHI, a widower,
as to a life estate in an undivided 1/2
I' interest: KENT YAMAGUCHI, as to an
By: undivided 1/6 interest, RONALD
A in P. olis, Director YAMAGUCHI, as to an undivided 1/6
Development Department interest, and DAVID YAMAGUCHI, as
to an undivided 1/6 interest, by a final
distribution recorded May 21, 1985, as
Document No. 85049880, Official
APPROVED AS TO FORM: Records.
ONT Y fc .
City o Takaichi Y a chi
By:
ent Yam chi
Deputy
Ronald Yamaguchi
By:Z��z
David Ya guchi
(Covenantor: Attach Notary
Acknowledgements)
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 6
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.
DATED:
CITY OF FRESNO, COVENANTOR
a Municipal Corporation TAKAICHI YAMAGUCHI, a widower,
as to a life estate in an undivided 1/2
interest: KENT YAMAGUCHI, as to an
By: undivided 1/6 interest, RONALD
Alvin P. Solis, Director YAMAGUCHI, as to an undivided 1/6
Development Department interest, and DAVID YAMAGUCHI, as
to an undivided 1/6 interest, by a final
distribution recorded May 21, 1985, as
Document No. 85049880, Official
APPROVED AS TO FORM: Records.
HILDA CANTO MONTOY By:
City Attorney Takaichi Yamaguchi
By:
By: Kent amaguchi
Deputy �?
By:
Ronald Y Quchi
By:
David Yamaguchi
(Covenantor: Attach Notary
Acknowledgements)
STATE OF CALIFORNIA,
}COUNTY OF Lo 5 A u 6 i�5 S.S.
On 67Cfo ti /U. / y , before me, /t)Au c 71 K o N o
a Notary Public in and for said County and State, personally
appeared R v M A G,z1c if /
personally known to me (OF pFeyed to FRe on FOR NOTARY SEAL OR STAMP
the basis of satisfactory evidence) to be
the person(s) whose name(bk is/&K subscribed to
the within instrument and acknowledged to me that
he/she/they executed the same in his/hw/their
authorized capacity('ies), and that by his/her/their NANCYKONG
signatureN on the instrument the person(4 or ,:� Not c 106223318
the entity upon behalf of which the person(b) kmW
LOS ANGELES couhw
acted, executed the instrument. My Comm.EC093 FEB 26,1999
WITNESS my hand and official seal.
Signature -� l �
STATE OF CALIFORNIA,
}
COUNTY OF -he.S►'� o S.S.
On �C �-e ►' 1 Cl�'l , before me, � u-yz
a Notary Public in and for said County Ad State, personally
appeared rLt r �i
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 o SUZANNE C. FORD
signature(s) on the instrument the person(s), or Q ' CC+A.M.01005937 00
m s . ' NOTARY a&!C-CALIFORNIA CD
the entity upon behalf of which the person(s) CD P INC!PAL 0 OFFICE IN
COUNTacted, executed the instrument. - _ ., _�.. My COMMISSim Exp.Oa.611997
WI hand and official seal.
Signature
i1
STATE OF CALIFORNIA,
S.S.
COUNTY OF }
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 the instrument.
WITNESS my hand and official seal.
Signature
TE 160 Legal(2-94)
This form is furnished by Chicago Title Company
STATE OF CALIFORNIA,
}
COUNTY OF �i2 k-S1Jo S.S.
On before me, �z2
a Notary Public in and for said County dind State, personally
appeared 7a-6(e 1� p 11 G_ fn a (.t 0
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 '� SUZANNE FORD
COMM.814040 5937 03
the entity upon behalf of which the person(s) m - NOTARY PUBLIC-CALIFORNIA to
31
acted, executed the instrument. m PRINCIPAL FRESNO COUNTYOFFICEN
W Commission Exp.Od 6,1997
hand and off ici eal. I
Signature �+�►-�
STATE OF CALIFORNIA,
COUNTY OF } S.S.
On C- n ba y- l O l Cl Ct S , before me, e4�- Vim--C(--LJ— C90-Le�
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 SUZANNE C. FORD
authorized capacity(ies), and that by his/her/their COMM.11005937 co
cc NOTARY PUBLIC-CALIFORNIA CO
signature(s) on the instrument the person(s), Or m PRINCIPAL OFFICE IN M
the entity upon behalf of which the persCO FRESNO COUNTY
My Commission Exp.OCL 6,1997
acted, executed the instrument.
7rp
t1d and offic' eal.
TE 180 Legal(2-94)
This form is furnished by Chicago Title Company
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 7
CITY CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
On DeT I k . 1995 before me, jee,<e 1 j-1scH personally appeared
AXON p stu/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(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.
JACQUELINE L. RYLE, CMC
CITY CLERK
By: &A 2&Z 6 r!
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 9
EXHIBIT "A"
LEGAL DESCRIPTION of SUBJECT PROPERTY
Parcels A through F, inclusive, of Parcel Map No. 95-04 as recored in Book of
Parcel Maps, PagesFresno County Records.
EXHIBIT "B"
DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS
Project Zoning: C-l/UGM
I. WATER CONNECTION CHARGES
A. Service Connections (flat rate cost basis only)
3 - 1.5 inch Services @ $880.00/Service = $ 2,640.00
1 - 2.0 inch Services @ $1,010.00 Service = $ 1,010.00
B. Meters (flat rate cost basis only)
5 - 1.5 inch Meters @ $470.00/Meter = $ 2,350.00
3 - 2.0 inch Meters @ $620.00/Meter = $ 1,860.00
C. UGM Transmission Grid Main (TGM) Charge
UGM Reimbursement Area: B
11.50 Gross Acres @ $ 560 /GA = $ 6,440.00
Less TGM Credit = $ -0-
Estimated Net Deferred UGM TGM Charge = $ 6,440.00
D. Frontage Fee
1,176.00 Lineal Feet @ $ 6.50 /LF = $ 7,644.00
Estimated Deferred Frontage Fee = $ 7,644.00
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
UGM Reimbursement Area: 23
11.50 Gross Acres @ $ 240 /GA = $ 2,760.00
Less Oversize Credit = $ -0-
Estimated Net Deferred UGM OS Charge = $ 2,760.00
B. Lateral Sewer Charge
744.00 Lineal Feet @ $ 10.00 /LF = $ 7,440.00
Estimated Deferred Lateral Sewer Charge = $ 7,440.00
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
III. URBAN GROWTH MANAGEMENT FEES
A. UGM Fire Station Fee
Service Area: 16
11.50 Gross Acres @ $2,485.00 GA = $ 28,577.50
B. UGM Neighborhood Park Fee
Service Area: 4
11.50 Gross Acres @ $ 615.00 /GA = $ 7,072.50
C. UGM Trunk Sewer Fee (Res 83-40)
Service Area:
Gross Acres @ $ /GA = $ N/A
D. UGM Major Street Charge
Service Area: E-4
9.72 Net Adj Acres @ $2,435.00/NAA = $ 23,668.20
E. UGM Major Street Bridge Charge
Service Area: E-4
9.72 Net Adj Acres @ $ 135.00 /NAA = $ 1,312.20
F. UGM Traffic Signal Charge
9.72 Net Adjusted Acres @ $ 860 /NAA = $ 8,359.20
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
document: \wp51\deferral\pm 95-04 September 15, 1995
EXHIBIT "C" -- PRORATED FEE OBLIGATIONS
P.M. 95-04 Sewer, Water, UGM Fees DUE-DEFERRED BY COVENANT
Lot Water Water Water Water Sewer Sewer
No. Area Service Meter T.G.M. Frontage Oversize Lateral
A 0 . 53 $1, 760 . 00 $940 . 00 $351.15 $1, 234 . 87 $150 .49 $0 . 00
B 5 .01 $0 . 00 $620 . 00 $3, 319 .38 $3 , 074 .24 $1,422 . 59 $2, 509 . 90
C 0 . 53 $0 .00 $940 . 00 $351.15 $0. 00 $150 .49 $0. 00
D 2 .37 $0 .00 $620 .00 $1, 570 .25 $852 . 67 $672 . 96 $1, 311 . 80
E 0 .66 $1, 010 .00 $620 .00 $437.28 $1,230 .39 $187 .41 $1, 692 .40
F 0.62 $880 . 00 $470 . 00 $410.78 $1,251.84 $176 .05 $1, 925 . 90
------------------------------------------------------------------------------
TOTAL 9 . 72 $3 , 650 . 00 $4, 210 . 00 $6,440 . 00 $7, 644 . 00 $2, 760 . 00 $7,440 . 00
document : \q\tracts\dpm95-04
EXHIBIT "C" -- PRORATED FEE OBLIGATIONS
a
Lot F.S. -16 Park-4 Major (E-4) Major Traffic Date
No. Fee Fee Street Bridge Signal Paid C.M.#
A $1; 558 .24 $385 .64 $1,290 .55 $71 . 55 $455 . 80
B $14, 729 . 76 $3 , 645 .3.9 $12, 199 .35 $676 .35 $4, 308 .60
C $1, 558 .24 $385. 64 $1,290 .55 $71.55 $455 .80
D $6, 967 . 97 $1, 724 .47 $5, 770 .95 $319 . 95 $2, 038.20
E $1, 940 .45 $480 .23 $1, 607.10 $89 .10 $567.60
F $1, 822 . 84 $451. 13 $1, 509.70 $83 .70 $533 .20
-----------------------------------------------------------------------------
TOTAL $28, 577 . 50 $7, 072 .50 $23, 668 .20 $1, 312 .20 $8, 359 .20
document : \q\tracts\dpm95-04