HomeMy WebLinkAboutPM 1997-03 - Agreement/Covenant - 8/10/2006 (2) CENTR L TITLE COMPANY
PLEASE CONFORM
RM"To. ATL_ MIN. PAST F&A
CITY OF FRESNO
DLVEWff*Mff?f DWARTNIM NOV 1 0 1997
2600 Fero ared
FRRM CA 93721-3664
FRESNO COUNTY, CALIFORNIA
WILLIAM C. GREENWOOD, County Rocordar
ABOI/RiSPACE fOR REGRRDER'S U ,f. „ ._ $
APN: 508-020-05 (Por) CITY of FRESNO
Project ID: Industrial Final Parcel Map 97-03 Development Department
Project ID: Phase II of PM 95-16 Building & Safety Services Division
STATEMENT OF COVENANTS AFFECTING INDUSTRIAL 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, P & R PROPERTIES, a General Partnership, as to an undivided 1/2
interest; VIOLET DAKOVICH, Trustee of the Violet Dakovich Revocable Trust dated June
25, 1990 as to an undivided 1/4 interest and JACK JURKOVICH, a Married Man, as his sole
and separate property, as to an undivided 1/4 interest, 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:
Legal Description:
Parcels A, B, C, D, E, F, G, H, I and J, inclusive, of Final Parcel Map No. 97-03, in the
City of Fresno, A-T819xfsno,State of California, accordin o the map thereof
recorded on , 199_ in Volume a —, of Parcel Maps
at Pages , and , Fresno County Records.
and
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 2
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. 95-16 (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 provisions of Section 12-4.604
(effective 06-09-95) and Section 12-1501 through 12-1510 (Ordinance 97-29, effective 07-28-
97) 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
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 3
payment of the Fee obligations identified in Exhibit "A" pursuant to the requirements of said
Sections 12-4.604 and 12-1505 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 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 "B", at any time after the recordation of
this instrument. The Fee obligations stated in said Exhibit "B" shall be maintained by the
Development Director and shall be adjusted to reflect the Fee rates in effect at the time
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 4
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.
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 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
r
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 5
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.
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.
r
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 6
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 for the Wastewater Facilities Charge
for each lot or parcel of the Subject Property, shall be of no further force and effect upon
recordation of a financing agreement conforming to the provisions of Section 12-1505 (b).
14. 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.
15. 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
Deferring Fees and
Creation of Lien
Page 7
DATED:
CITY OF FRESNO, COVENANTOR
a Municipal Cor por n
P & R PROPERTIES, a general
By: partnership
VASolis, Director
Development Department B �'
Glenn Prickett, Partner
APPROVED AS TO FORM:
HILDA CANTO MONTOY By:
City Attorney Chester L�ay artner
5 P
Deputy VIOLET DAKOVICH, Trustee of the
Violet Dakovich Revocable Trust dated
June 25, 1990
By:
Violet Dakovich, Trustee
JACK JURKOVICH, a Married Man, as
his sole and separate property
By
Jac rkovich
(Covenantor: Attach Notary
Acknowledgements)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
r+a.sum
State of California
County of Fresno
On Sept. 30, 1997 before me, D. Walters
OA—ie NAME.ME OF OFFC.-p.E.G..-JANE OCE NOTARY Pueuc*
personally appeared Glenn Prickett
,
NAiuElsl OF SIGNEafSI
C 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-
knowiedoed to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
s'ignature's) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
D.WJVERS �
NOT
COW.0077 cn WITNESS my hand and official seal.
CD pRWApAL OFFICE IN A
FRESNO m My r vY19,1999
S4NATURE OF NOTARY
OPTIONAL
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SIGNER IS RE?RESEiMNG:
NAME OF PERSONISI OR ENTrrYnESI
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C1993 NATIONAL NOTARY ASSCC:ATION•8236 Rommel el Ave..P.O.Bos 7164.Canoca Parc.CA 91309-7184
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of California
County Of Fresno
On Sept. 30, 1997 before me, D. Walters
DATE HAUL Trnl OF OFrCeR--Lai -:ANE DOE NOTARY"UCE
personally appeared Chester L. Raypholtz
NAMEM OF SIGNER(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 ac-
knowiedced to me that he/she/they executed
the same in his/her/their authorized
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signature(s) on the instrument the person(s),
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*,my
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mSTm QorrFAM COUlkp. v�19, 1986 ..
SK,NATLIRE OF NOTARY
OPTIONAL
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01993 NATIONAL NOTARY ASSOC•.ATION•8236 Rerewrwt Ave..P.O.Bo:718A-Cauca Para CA 91709-71aA
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Nq sgp,
r. State of California
County of Fresno
On Sept. 30, 1997 before me, D. Walters
DATE NAME TITLE OF OFFICER•EG..-JANE DOE NOTARY PUBLIC
personally appeared Violet Dakovich
NAlv1E(51 OF SIGNER(S)
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Q.WALTERS
COMM.00r�49
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St U (X*ME IN 3)
MYOOIMIId9Ek+n tixl,.N; Ig_1999 p
SIGNATURE OF NOTARY
OPTIONAL
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01993 NATICNAL NOTARY ASSOCIATION-0236 Rertwnet Ave..P.O.Box 7184-Cana+Pint CA 91309-718A
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
No.5907
State of California
County of Fresno
On Sept. 29, 1997 before me, D. Walters
GATE NAME TRLE OF OFFICER.EG_'JANE DOE NOTARY PUBUC'
personally appeared Jack Jurkovich
NAME(S)OF SIGNERS)
❑ 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-
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capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
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D. WALTERS person(s) acted, executed the instrument.
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Mr Ooam,I�ol�F>()i,Nov 19,19Q9
SIGNATURE OF NOTARY
OPTIONAL
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DOCUMENT CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED 0
❑ INDIVIDUAL
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Ct 993 NATICNAL NOTARY ASSOCIATION-8236 Renwnet Ave..P.O.Bo:718A-Canoes Pani CA 91309-718A
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 8
CITY CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
On November 3Rd , 1997 before me, Jocelyne Gueret personally appeared
Alvin Solis, Director of Dev. Deptpersonally 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
By: dc�)UIAAV 01110het
DE TY
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 9
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of
Trust recorded on February 6, 1997, in the office of the Fresno County Recorder as Document
No. 97017458 of which the Deed of Trust in by and between P & R Properties, a general
partnership; Violet Dakovich, Trustee of the Violet Dakovich Revocable Trust dated June 25,
1990 and Jack Jurkovich, a married man as Trustor, Central Title Company , a California
corporation, as Trustee, and Prickett Reality, a California corporation; Chester L. Raypholtz, a
widower; Marilyn Bahn, a married woman, as her sole and separate property, and Steven Ray
Skochko and Allison Denise Skochko, Co-Trustees of the Skochko 1993 Living Trust dated
August 18, 1993, as Beneficiary, hereby expressly subordinates said Deed of Trust and its
beneficial interest thereto to the foregoing Statement of Covenants affecting Industrial
Development for 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 Final Parcel Map 97-03.
DATED: , 19�
Prickett Reality, a Califo a Corporation
G)pnn Rri c ke+-f $
Vice Preside ni-
Sh',clev F, Pricket+ By:
#'rpsi�en+
Chester L. Rayp oltz, a Widower
By
Chester L. Rafpholtz -5
Maril Bahn, a ied'Woman
By:
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ahn
The Skochko 1993 Living Trust
datedAugust 18, 1993
By:
1�"LA4-
Steven Ray Y4chko, Co-Trustee
By: attt�
Allison Denise Skochko, Co-Trustee
(Attach Notary Acknowledgement)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
No.5907
State of Cal i fornix
County of Fresno
On Sept. 30, 1997 before me, D. Walters
DATE NAME TITLE OF OFFICEA•EG..'JUNE DOE NOTARY PUSUC'
personally appeared ,l-onn Dri CkQ+- -
NAME(S)OF SIGNERS)
❑ personally known to me - OR - I improved 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
D.4 tUttTCOMM 07790 03 person(s) acted, executed the instrument.
ca
rNOTARY PUBLIC-CALIFORNIA
m PRINCIPAL OFFICE IN X
FRESCMIM
m Aly Cormlacion�Ex 9.190
WITNESS my hand and official seal.
SIGNATURE OF NOTARY
OPTIONAL
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CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
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C1993 NATIONAL NOTARY ASSOCIATION 8236 RMMM Ave„P.O.Bo:7184-C u-ow ParK.CA 91904.7184
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
ho.5907
State of California
County of Fresno
On Sept. 30, 1997 before me, D. Walters
OATS NAME TM—E OF OMC.–A-E.G..-JANE OCE NOTARY PUSUC
personally appeared Shirley Prickett
NAME(SI OF SIGNEA(St
❑ personally known to me - OR - Ixoc 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-
knowiedaed to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
sianature(s) on the instrument the person(s),
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person(s) acted, executed the instrument.
Q. WALTERS
COMBIAM NOTARY PUBLIC-CALIFORNIA M WITNESS my hand and official seal.
M PRINCIPAL OFFICE IN
FRESNO COUNTY
MY Commissbn Exp.Nov 191
S:GNATURE OF NOTARY
OPTIONAL
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01993 NATIONAL NOTARY ASSOC-.ATION•8236 ROMMM Ave..P.O.Bo:71 SA.Caro Pau CA 91309.7184
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Na.5907
State of California
County of Fresno
On Sept. 30, 1997 before me, D. Walters
DATE NAME TRLE OF OMCER.EG_-JANE COE NOTARY PUSUC-
_ personally appeared Chester L. Raypholtz
NAME(Sl OF SIGNER(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 ac-
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capacity(ies), and that by his/her/their
11P10111451114- 10 A signature(s) on the instrument the person(s),
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WITNESS my hand and official seal.
SIr■MATURE OF NOTARY
OPTIONAL
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C1993 NATIONAL NOTARY ASSOOfATION-8236 Rennet Ave..P.O.Bo:7184-Cam=Pane.CA 91309-7184
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State Of Cal ;forni a
County of P-ocno
On October 1, 1997 before me. D. Walters
DATE NAMF_TRCF CFFICEEE
R- G_-JANE DONOTARY MMUC- '
personally appeared Marilyn BaaTM-0
NAi4E(S)OF SIGNER(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 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
person(s) acted, executed the instrument.
D.WALTERS
COMM.#1077949 a)
NOTARY PUBLIC-CALIFORNIA Ql
m PRI�NCIPAAL�NTyN X WITNESS my hand and official seal.
NO My Cowm*,10n Exp.Nov 19,1999
SIGttA RE OF NOTARY
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SIGNER(S)OTHER THAN NAMED ABOVE (:
1
=1993 NATICNAL NOTARY ASSOCIATION-8236 Rertm et Ave..P.O.Bos 7184-Canoaa PZM CA 91309-7184
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
ra.5907
State of California
County of Fresno
On Sept. 30, 1997 before me, D. Walters
OA—.c NAME TITL OF OFFICER-E.G..*JANE DOE.NOTARY PUSUC
personally appeared Steven Ray Skochko
r
NAMEM OF SIGNER(SI
❑ personally known to me - OR - I improved 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-
knowiedoed 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),
t' or the entity upon behalf of which the
D.WALTERS (erson s) acted, executed the instrument.
ac COMM.#1077949 cc P
m NOTARY PUBLIC-CALIFORNIA cA
PRINCIPAL OFFICE IN
to FREW TY
MY oExp.Nov
oe oo 19,Ing WITNESS my hand and official Seal.
SIGNATURE OF NOTARY
OPTIONAL
Thaugh the data below is not reouired by law, it may prove valuable to persons retying on the document and Could orevent
traudutent reatmaiment of this form.
4
1
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
�� ❑ CORPORATE OFMCE.R
TITLE OR TYPE OF DOCUMENT
11TLE(S1
❑ PARTNIE.R(S) ❑ UMrf 7
GENERAL 1
❑
AT TORNEY-IN-#'ACT NUMBER OF PAGES
❑ TAUS i=..S)
t:
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
•
'i DATE OF DOCUMENT
`
SIGNER IS REPRESENTING: `.
NAME OF PERSONrSI OR ENTrTY(1ESI
SIGNERS)OTHER THAN NAMED ABOVE
c
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—1993 NATIONAL NOTARY ASSOC.ATION•8236 R4xrm9 Ave..P.O.Box 7184.Canoaa Pam CA 91709-7184
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT NO.5907
State of California
County of Fresno
On Oct. 1, 1997 before me, D. Walters
DATE NAME TTT1E OF OFF CER.EG-'JANE OCE NOTARY"UC-
personally appeared Allison Denise skochko
NAME(M OF SIGNER(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 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),
'J or the entity upon behalf of which the
D.WALTERS person(s) acted, executed the instrument.
2 NOTARYC
UBLII�FORNIA G7
M PRINCIPAL OFFICE IN :0
°Q My CSI Exp.Nov 19,19 _& WITNESS my hand and official seal.
SIGNATURE OF NOTARY
OPTIONAL
} Though the data beiow is not required by law. it may prove valuable to persons relying on the dociment and=utd prevent
fraudulent reattaciment of this form.
i
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
'� ❑ CORPORATE OFriCERR
TILE OR TYPE OF DOCUMENT
TMES1
❑ PARTNER(S) ❑ uMITED
❑ GENERAL I
• ❑
AT TORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSI c=;S)
❑
GUARDIAN/CONSERVATOR
OTHER: '
DATE OF DOCUMENT
SIGNER IS REPRESENTING.
NAME OF PERSONS)OR ENRTYflES) r.:.
SIGNER(Sl OTHER THAN NAMED ABOVE (:
I �
C1993 NATIONAL NOTARY ASSOCIATION•8236 Rommel Ave..P.O.Box 7184-Canna Pam CA 91709-7184
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 10
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of
Trust recorded on February 6, 1997, in the office of the Fresno County Recorder as Document
No. 97017459 of which the Deed of Trust in by and between P & R Properties, a general
partnership; Violet Dakovich, Trustee of the Violet Dakovich Revocable Trust dated June 25,
1990 and Jack Jurkovich, a married man as Trustor, Central Title Company , a California
corporation, as Trustee, and John R. Lawson and Sharon R. Lawson, husband and wife as
community property, as Beneficiary, said Beneficial interest has been modified according to the
Interspousal Transfer Grant Deed Grant Deed recorded on August 4, 1997 in the office of the
Fresno County Recorder as Document No. 97098862, to exclude the interest of Sharon R.
Lawson and therefore John R. Lawson does hereby expressly subordinates said Deed of Trust
and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Industrial
Development for Certain Sewer Connection Charges, Water Connection Charges, Urban
Growth Management Fees and Development Fees and Creation of Lien for Industrial Final
Parcel Map 97-03.
DATED: )u , 19
John R. Lawson, a married man as his sole and
separ r e
Y:
(Attach Notary Acknowledgement)
State of California
County of......................fy...............
...............................................................
Ong'1 :-.)..............before me,. ��� 4!1�1'�,�..................................
.. .. . ........ ..............
personally appeared....... ?�t ... :... .....:. .... .........................................,
personally known to me (or proved on the basis of satisfactory evidence) to be
the person(s) whose name(s) is/are subscribed in the within instrument and
acknowledged to me that helshe/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
Notary publi d for sai Soo
e.
.. Susan Siemensb
Comm. #1112420
,� NOTARY PUBLIC CALIFORNI D
FRESNO COUNTY U
Comm Exp. Sept. 29,2000•
This document is only a general form which may be proper for use in simple transactions and in no way
acts, or is intended to act as a substitute for the advice of an attorney. The printer does not make any
warranty, either expressed of implied, as to the legal validity of any provision or the suitability of these
forms in any specific transaction.
Cow•der.', Form No. 10G-ACK.,NON''LEGE.NIE`7-General (Ci%-Il Code 1189(a))(Revised 7/1/9.1)
EXHIBIT "A"
DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS
Project Zoning: M-1
I. WATER CONNECTION CHARGES
A. Transmission Grid Main (TGM) Charge
34.2262 Gross Acres @ $ 560 /GA = $ 19,166.67
Less TGM Credit = $ 53,404.00
Estimated Net Deferred TGM Charge = $Paid w/Credits
B. Transmission Grid Main Bond Debt Service Charge
For Parcels 5 Gross Acres and Above
34.2262 Gross Acres @ $243.00/ac. = $ 8,316.97
Less TGM Bond Debt Service Charge = $ 0.00
Estimated Net Deferred TGM Bond Debt Service Charge = $ N/A
C. Frontage Fee
530.47 Lineal Feet @ $ 6.50 /LF = $ 3,448.06
Estimated Deferred Frontage Fee = $ 3,448.06
D. Fire Hydrant Charge
820,750 sq.ft. @ $1.25/100 sq.ft. = $ 10,259.38
E. Wellhead Treatment Fee ❑ Units reduced pursuant to FMC 12-1506
Wellhead Treatment Service Area.
Units @ $ / Unit = $ N/A
F. Recharge Area Fee ❑ Units reduced pursuant to FMC 12-1506
Recharge Service Area.
Units @ $ / Unit = $ N/A
G. 1994 Bond Debt Service Fee ❑ Units reduced pursuant to FMC 12-1506
1994 Bond Debt Service Area.
Units @ $ / Unit = $ N/A
H. U.G.M. Water Supply Fee
Single Well -- Water Supply Area No.:
Gross Acres @ $ / Gross Acre = $ N/A
Multi- Well -- Water Supply Area No.: s ❑ Units reduced pursuant to FMC 12-1506
Units @ $ / Units = $ N/A
I. 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
II. SEWER CONNECTION CHARGES & SEWER RELATED CHARGES*
A. Oversize Sewer Charge
34.2262 Gross Acres @ $ 240 /GA = $ 8,214.29
Less Oversize Credit = $ 0.00
Estimated Net Deferred Oversize Charge = $ 8,214.29
B. Lateral Sewer Charge
530.47 Lineal Feet @ $ 10.00 /LF = $ 5,304.70
C. Housebranch Sewer Charge = $ N/A
D. Millbrook Sewer Overlay
Net Adj Gross Ac @ $ /NAA = $ N/A
Units @ $ /Unit = $ N/A
E. Major Facilities Charge ❑ Units reduced pursuant to FMC 12-1506
91 Units @ $200/unit = $ 18,200.00
Trunk Sewer Service Area: Cornelia
91 Units @ $200/unit = $ 0.00*-
* Trunk Sewer waived per FMC 12-1507
F. Wastewater Facilities Charge ❑ Units reduced pursuant to FMC 12-1506
(May be financed pursuant to FMC 12-1505 (b))
91 Units @ $1,910.00/unit* _ $ 173,810.00
* $2,180/unit effective 9/01/96
$2,310/unit effective 9/01/97
$2,450/unit effective 9/01/98
$2,600/unit effective 9/01/99
G. Trunk Sewer Charge ❑ Waived pursuant to FMC 12-1507
Trunk Sewer Service Area: Cornelia
91 Units @ $ 570.00 / Unit = $ 0.00*-
* Trunk Sewer waived per FMC 12-1507
III. URBAN GROWTH MANAGEMENT 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
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 Traffic Signal Charge
Net Adjusted Acres @ $ 860 NAA = $ N/A
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. UGM Major Street R.O.W Acquisition and Construction
Deferred Lump Sum Due = $ N/A
J. UGM Local Street R.O.W Acquisition and Construction
Deferred Lump Sum Due = $ N/A
K. UGM Major Street Bridge R.O.W. Acquisition and Construction
Deferred Lump Sum Due = $ N/A
document; \wp51\defeffalkovt9703 August 22, 1997
EXHIBIT"B"--PRORATED FEE OBLIGATIONS
Water Water Sewer Sewer Mayor Wastewater
Lot Lot Fire Hydrant Frontage Lateral Oversize Facilities Facilities
No. Area Amount Amount Amount Amount Amount Amount
Due Due Due Due Due Due
A 1 1,093.75 $0.00 $0.00 $815.42 $1,800.00 $17,190.00
B 131120 $937.50 $0.00 $0.00 $818.16 $1,800.00 $17,190.00
C 140000 $937.50 $0.00 $0.00 $873.58 $2,000.00 $19,100.00
D 124500 $937.50 $0.00 $0.00 $776.86 $1,600.00 $15,280.00
E 132000 $937.50 $0.00 $0.00 $823.66 $1,800.00 $17,190.00
F 140250 $937.50 $0.00 $0.00 $875.14 $2,000.00 $19,100.00
G 145000 $937.50 $0.00 $0.00 $904.78 $2,000.00 $19,100.00
H 138500 $937.50 $0.00 $0.00 $864.22 $2,000.00 $19,100.00
I 131120 $1,312.50 $0.00 $0.00 $818.16 $1,800.00 $17,190.00
J 103250 $1,290.63 $3,448.06 $5,304.70 1 $644.26 $1,400.00 1 $13,370.00
document: \q\parcelmap\pm97-03.wb1 21-Aug-97