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Home My WebLink AboutPM 1995-16 - Agreement/Covenant - 8/15/2006 ILJAL NO COUf:TYr1 A ORNOROS OF 'E CONFOWA�'T MIN PAST M 1 0 � J 5 CENTRAL TITLE COMPANY RSTURN TO: CrrY OF FRESNO FEB 6 1991 DEVELOPMENT DEPARTMENT 2600 Fre o Stred FRESNO CA 93721-3604 FRESNO COU iTY, CALiFORNIA WILLIAM C. GP,EENW000,County Recorder JODI CAt4P FEE BY DEPUTY PECORDER ABOVE SPACE FOR RECORDER'S USE APN: 508-020-05 CITY of FRESNO Project ID: Final Parcel Map No. 95-16 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, JOHN R. LAWSON and SHARON R. LAWSON, Husband and Wife as community property, 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 • ._ WHEREAS;p._.the*conditions ofrapproval-ofTentative Parcel Map No.:.95-16.(hereafter,:_.. "Project"), require the payment of applicable sewer connection charges, water connection 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 y�,�..„yF...rr.,+++IS+,e.�+.....�,,.,a..�y.rw,,�e..•�l�N#Rr:n.9ir.:,....yNir... .r;.a.. ..,,,b•,+BMJ„- :^yw..•aFM.,.rcb:�.,. 1+a.°......:.,+w.w,..._......-.,,,.r,_� .. ..:mow.....,..,,.,,.. 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 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 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 Vnif++IR�..AK.:•.-"-_�.,.v.sAl •:.w+.:-*r- 9e,'4.;.'.' s ---'w..«w....,.xen..�......;.NwrrAN.,..«.. .::...,_ .'.w.^ .•_.w.,,.. ...,� 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. -iw-r-.. ,. .i,.,O...*WN7AW*ft0-...-WOWk. -Y-*.,. . -'W" - .+...,., _. -- .....- , -, 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: � �0, I ctil CITY OF FRESNO, COVENANTOR a Municipal Corporation JOHN R. LAWSON and SHARON R. LAWSON, Husband an a as community pro By: Alvin olis, Director By: Development Department John R. Lawson B on 4 46M APPROVED AS TO FORM: Sharon . Lawson HILDA CANTU MO OY City tto ey J � By: ,\j VDeputy (Covenantor: Attach Notary Acknowledgements) IIA ••'bwt,.+tie o .iv-sa "�". ,,,,�.....,. «mrW'.M- - '+sw',:. i,.:+[ah•�tlF'_-t�ll�+'.�.:t... s',:►..� .1ev ". . . --s. ...._..........w...:a... s..,..,....:.-.,., q* sr. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Fresno On Nov. 21, 1997 before me, D. Wal ters DATE NAMC Ti1L OF OFFICER-EGs-•JANE DOE NOTARY PUBLIC personally appeared John R. Lawson anr3 Sharr)n R_ Lawson NMAEM OF S*MERM ❑ 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 ac- knowledged 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 t : person(s) acted, executed the instrument. �- COwA; m cc wt7r c IN 11 W"ocaam .WITNESS my hand nd official seal., rh cJy..1�s oa►E,.�.1aw SIGNATURE OF NOTARY OPTIONAL Though the data below is not reouired by law. it may prove valuable to persons relying on the document and quid prevent fraudulent reanac=l ent of this form. i CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATES OFFCE.R Tm.Fcs1 TiTL OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ UMI I— ❑ GENERAL I ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSi=(S) , ❑ GUARDIAN/CONSERVATOR ❑ OTHER: `•' OATc OF DOCUMENT SIGNER IS REPRESENTING: �. NAME OF PERSON(SI OR ENTrrYBE5) 1 SIGNE.R(S)OTHER HER THAN NAMED ABOVE (s _ _ r � =1993 NATIONAL NOTARY ASSOCIATION•8236 Rerr*rm Ave..P.O.Boz 71St•Csrro=Put CA 91709-718.1 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 January 30 , 1997 before me, Elvia Sommerville personally appeared Alvin P. Solis, Demlq=ent Da-ec� 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 o C By: DEPUTY wh.,, .,mor•�,.r... .� ,.... .,.,,Nc•.,.. .a.dv+,.vo�rea�,•. ,4.. ... .wa..+pn•., .._...-..w:.,.......:.,.,,_... ..,.., .,-: _,.... .w•..Rsn ,.... Statement of Covenants Deferring Fees and Creation of Lien Page 9 EXHIBIT "A" LEGAL DESCRIPTION of SUBJECT PROPERTY Parcels A, B, and C, inclusive of Parcel Map No. 95-16 as recorded in Book of Parcel Maps 5- , Pages '70,-71 , on Z , 199 . Ot t- ,+,n., ,..1�w•,r..,..,.,. .,..�e�+a,P?,ra.1, ..� ..byeRs,k y r,,r,tr r+ «.�+b>- .�y _•._..agr-w„- w-,,. .. ,.a.. q.;d.., .:,r.: a,, _r. a, EXHIBIT "B" DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS I. WATER CONNECTION CHARGES A. SERVICE CONNECTION CHARGES B. Transmission Grid Main (TGM) Charge 6.5071 Gross Acres @ $ 560 /GA = $ 3,643.98 Less TGM Credit = $ -0- Estimated Net Deferred TGM Charge = $ 3,643.98 C. Frontage Fee 983.29 Lineal Feet @ $ 6.50 /LF = $ 6,391.39 Estimated Deferred Frontage Fee = $ 6,391.39 D. The following water connection charges are not defferable or prorated under the term of this covenat: 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 Dept Service Fee II. SEWER CONNECTION CHARGES A. Oversize Sewer Charge 6.5071 Gross Acres @ $ 240 /GA = $ 1,561.70 Less Oversize Credit = $ -0- Less Over-depth Credit = $ -0- Estimated Net Deferred OS Charge = $ 1,561.70 B. Lateral Sewer Charge 983.29 Lineal Feet @ $ 10.00 /LF = $ 9,832.90 Estimated Net Deffered Lateral Charge = $ 9,832.90 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 defferable under the terms of this covenant 1. Trunk Sewer Charge 2. Major Facilities Sewer Charge 3. Waterwaste Facilities Sewer Charge m document:\wp51\deferraRPM 95-16 January 9, 1997 p EXHIBIT"C" — PRORATED FEE OBLIGATIONS P.M. 95-16 - Sewer & Water Fees -DUE-DEFERRED BY COVENANT Lot Area Water Water Sewer Sewer No. (Acres) T.G.M. Frontage Oversize Lateral A 0.99 $623.06 $1,215.24 $267.03 $1,869.60 B 2.49 —$1,567.10 $1,727.57 671.61 $2,657.80 C 2.31 $1,453.81 $3,448.58 623.06 $5,305.50 document: \q\tracts\dpm95-16.wg1 09-Jan-97