HomeMy WebLinkAboutPM 1999-17 - Agreement/Covenant - 8/11/2006 (2) :4
30/27/2000,20000332403
APN: 404-021-08 CITY of FRESNO
Parcel Map No. 99-17 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,Spradling Construction, Inc., A California Corporation and Valley
Finest Products, Inc., A California Corporation, hereinafter referred to collectively 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. 99-17, as recorded on
2000 in Book , of Parcel Maps at
Page ,Fresno County Records.
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
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 2
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 Vesting Tentative Parcel Map No. 99-
17 (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 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 "A" pursuant to the requirements
of said Section 12-4.604 until such time that the Covenantor or successors and assigns
•
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 3
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 payment is made, and may be adjusted to account for any subsequently
S
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 4
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
c
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 5
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.
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
C
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 6
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
Deferring Fees and
Creation of Lien
Page 7
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
SPRADLING CONSTRUCTION, INC.,
A CALIFORNIA CORPORATION
By:
ID
P. Yovino, Director .
elopment Department By:
Sherman SprOing, Pr dent
APPROVED AS TO FORM:
VALLEY FINEST PRODUCTS, INC.,
HILDA CANTU MONTOY A CALIFORNIA CORPORATION
City Attorney
By:
By: Paul G. Wasemiller, President
Deputy
(Covenantor: Attach Notary
Acknowledgements)
♦ 1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of � 11CX
County of
On lu LW before me, •N ,
Dale ♦ Name Tide of Officer(e g.,' Notary Public's ,e
personally appeared t ,
Aersonally
s)of Signers)
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),
C. A. HENSON or the entity upon behalf of which the person(s) acted,
7 03
aC A NOTAR YPUBLIC•CALIFORNIA executed the instrument.
m y o •>� PRINCIPAL OFFICE IN :1)
m FRESNO COUNTYWITNES hand and official seal.
w�, PN♦t My Conimissbn Exp.Jan.7,2004
I
Signature of Notary Public
OPTIONAL
I Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner—❑ Limited ❑General ❑ Partner—❑ Limited ❑ General
❑ Attomey-in-Fact ❑ Attorney-in-Fact
❑ Trustee _ ❑ Trustee
I ❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: Top of thumb here ❑ Other: Top of thumb here
t
I
Signer Is Representing: Signer Is Representing:
r
i
I
0 1995 National Notary Association•8236 Remmet Ave..P.O.Box 7184•Canoga Park.CA 91309.7194 Prod.No.5907 Reoroer.Call Toll-Free 1-800-876.8827
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 8
CITY CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
6 � NE v
On 1, S31
2000 before me, /
personally appeared 0
personally known to me (or proved to me o 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
i
By: cc
DEPUT
EXHIBIT "A"
DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS
Project Zoning: R-1/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)
4 - 1 inch Meters @ $ 320.00/Meter = $ 1,280.00
C. UGM Transmission Grid Main (TGM) Charge
UGM Reimbursement Area:—A
1.13 09 Net Acres @ $ 700/NA = $ 791.63
Less TGM Credit = $ 0.00
Estimated Net Deferred TGM Charge = $ 791.63
D. Transmission Grid Main Bond Debt Service Charge
For Parcels Under 5 Gross Acres
1.1309 Net Acres @ $304.00 /ac. = $ 343.79
Less TGM Bond Debt Service Credit= $ 0.00
Estimated Net Deferred TGM Bond Debt Service Charge = $ 343.79
E. Frontage Fee
328.40 Lineal Feet @ $ 6.50 /LF = $ 2.134.60
Estimated Deferred Frontage Fee = $ 2,134.60
F. 1994 Bond Debt Service Fee
101 1994 Bond Debt Service Area.
4 Units @ $895.00/Unit = $ 3,580.00
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. Fire Hydrant Charge
4. UGM Water Supply Fee
5. Wellhead Treatment Fee
6. Recharge Fee
II. SEWER CONNECTION CHARGES & SEWER RELATED CHARGES*
A. UGM Oversize Sewer Charge
UGM Reimbursement Area: 3
32,840 Square Feet @ $0.05 /Sq.Ft = $ 1,642.00
Less Oversize Credit = $ 0.00
Estimated Net Deferred UGM Oversize Charge = $ 1,642.00
B. Lateral Sewer Charge
32,840 Square Feet @ $ 0.10/Sq.Ft = $ 3,284.00
C. Housebranch Sewer Charge = $ N/A
D. Millbrook Sewer Overlay
Net Adj Gross Ac @ $ / _ $ 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. Wastewater Facilities Sewer Charge
III. URBAN GROWTH MANAGEMENT FEES
A. UGM Fire Station Fee
Service Area: 13
1.1309 Gross Acres @ $ 251.00/GA = $ 283.86
B. UGM Neighborhood Park Fee
Service Area: 1
1.13 09 Gross Acres @ $ 1,102.00/GA = $ 1,246.25
C. UGM Trunk Sewer Fee (Res 83-40)
Service Area:
Gross Acres @ $ /GA = $ N/A
D. UGM Major Street Charge
Service Area: E-1
1.1309 Net Adj Acres @ $ 1,680.00/NAA = $ 1,899.91
Less Estimated Major Street Credits = $ 17,736.48
AD#13 8
Major Street Charge = $ Paid w/Credits
E. UGM Major Street Bridge Charge
Service Area: E-1
1.1309 Net Adj Acres @ $ 175.00/NAA = $ 197.91
F. UGM Traffic Signal Charge
1.1309 Net Adjusted Acres @ $ 860/NAA= $ 972.57
Less Estimated Major Street Credits = $ 3,956.00
AD#138
Traffic Signal Charge = $ Paid w/Credits
G. UGM Grade Separation Charge
Service Area:
Net Adjusted Acres @ $ /NAA = $ N/A
H. UGM At-Grade Railroad Crossing Charge
Service Area: A-D
1.1309 Net Adjusted Acres @ $ 236.00/NAA = $ 266.89
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\covt.99-17 August 3,2000
' 2 A = D Z %
K . �
a a a ? $
� � d
$ .
7
/ / / 79
% / \ \ R
I \
§ 9999 77 a o
U (31 ? § E 2
K 9 K $ � \
Cb
Cb §
/
q
q
m m / 3
7 7 7 7 / J 0 7
k ? k k ° \ SL
q ®
A
?
-EftQp � Ci) m = m
ƒ ƒ ƒ ƒ / /
� 5
O
o b b
o O O o
*
\ \ 7 7 S \ ?
c o n �
/ / \ ?\ ƒRCb
� 'Eft T � g ¢ ? ?
q q / q &
/ d / d / / 2
G G 3 G m \ 7 Cb
2
Cb
'Eft 'Eft ® ks�,
Cb
k k / / \ %
�
X 4 4 4 g ¢ 7
° \ \ R
www w �
Aft 43� mjb� * 3 /
9 S 9 m
^ \ « &
� � L
10127/2000,20eee132454
CONFORMED
on
?ji ...................
I lilyi, p
11"I", V9
MM �1. qip!PIR i
MEMO,
111111
PARCEL MAP NO. 99-17 CITY OF FRESNO
APN 404-021-08 Development Department
P.W. File No. 5494-99-17 Building & Safety Services Division
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
TO PLANT AND MAINTAIN FRONT YARD TREES
RECITALS
A. WHEREAS, Spradling Construction, Inc., A California Corporation, and Valley
Finest Products, Inc., A California Corporation, 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, hereinafter referred to as "the Subject Property" and more particularly described
as:
Parcels A through D of Parcel Map No. 99-17 recorded in Volume of Parcel
Maps, Pages and . Fresno County Records, Fresno County.
B. The 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.
C. All such instruments of Subordination, if any, are attached hereto and made a part
of this instrument.
D. The Covenantor has applied to the City of Fresno for a final parcel map which
would subdivide the subject property into single-family residential planned development
STATEMENTS OF COVENANTS
AFFECTING LAND DEVELOPMENT
Parcel Map No. 99-17/UGM
Page 2
project.
E. The City of Fresno desires to obtain covenants from the Covenantor to insure that
the Subject Property is not developed, used, or maintained in such a way as to adversely
affect adjoining properties.
COVENANTS, CONDITIONS, AND RESTRICTIONS
For favorable action on, and approval of, the Covenantor's application for approval of Parcel
Map No. 99-17, for the Subject Property as referred to hereinabove, the Covenantor hereby
covenants that the Subject Property shall be held, conveyed, encumbered, used, occupied,
developed, maintained, and improved subject to the following covenants, conditions, and
restrictions, which are for the purpose of enhancing attractiveness, usefulness, value, and
desirability of the Subject Property, the surrounding property, and the public at large and to
minimize possible adverse effects on the public health, safety, peace, and general welfare.
Each of the covenants, conditions, and restrictions contained in this Statement will run with
the Subject Property and shall be binding on each successive owner of the Subject Property
and his heirs, administrators, successors, and assigns.
1. Covenantor hereby covenants as follows:
A The Covenantor shall plant the front yard area with a minimum of 1 street
tree for each 60' of street frontage as specified in FMC 11-301(c).
B. The Covenantor shall maintain in good health the a minimum of 1 tree per
60' of street fgrontage or designated lot which ever may be the case.
STATEMENTS OF COVENANTS
AFFECTING LAND DEVELOPMENT
Parcel Map No. 99-17AJGM
Page 3
C. The single-family residential subdivision, shall be developed in substantial
conformance with Tentative Parcel Map No.99-17 dated May 9, 2000.
2. 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 against the Covenantor and such person or persons in actual
possession of Subject Property who directly or who through any agent violate the terms
hereof. All obligations of the Covenantor under this Statement shall inure solely to the
benefit of the City of Fresno. There are no third party beneficiaries of such 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.
3. The foregoing conditions shall remain in full force and effect until such time as the
City of Fresno, pursuant to the district amendment procedure of the Fresno Municipal Code,
finds the enforcement of such condition is no longer equitable.
4. 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 other provision hereof. Whenever the
context so requires, any gender includes the other genders, the singular includes the plural,
and the plural includes the singular.
STATEMENTS OF COVENANTS
AFFECTING LAND DEVELOPMENT
Parcel Map No. 99-17/UGM
Page 4
DATED: COVENANTOR
Spradling Construction, Inc.
CITY OF FRESNO, a California Corporation
a Municipal Corporation
By: /-4j'614t"' d42�""
By Sherman Spr6dling,Oresident
i 1 . Yovino, Director
Dev opment Department
APPROVED AS TO FORM: Valley Finest Products, Inc.
A California Corporation
Hilda Cantd oy
City Atto y /�,L
Z2
By:
BY Paul G. Wasemiller, President
(Attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
County of (��
On d W before me, -�• �..� IJ `
Oats I� Name Title of Officer(e g.,' oe,Notary Public')
personally appeared %M11
ame(s)of Signer(s)
Aersonally 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),
I or the entity upon behalf of which the person(s) acted,
executed the instrument.
C. A. HU SON
aCOMM. 103
WITNESS my-band and official seal.
NOTARY PUBLIC-CALIFORNIA IC•CAIFW
M) 0 PRINCIPAL OFFICE IN ?7
( Cp FRESNO COUNTY —•
CUFpPM� My Commission Exp.Jan.7,2004
I
Signature of Notary Public
I
OPTIONAL
Though the information below is not required b law,it may g q y y prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
I
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
I Signer(s) Other Than Named Above:
` Capacity(ies) Claimed by Signer(s)
I
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
I ❑ Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee _ ElTrustee
El Guardian or Conservator ElGuardian or Conservator -
❑ Other: Top of thumb here ❑ Other: Top of thumb Here
I
I
Signer Is Representing: Signer Is Representing:
I
I
I
I
0 1995 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309.7184 Prod.No.5907 Reorder.Call Toll-Free 1-800-878-8827
STATEMENTS OF COVENANTS
AFFECTING LAND DEVELOPMENT
Parcel Map No. 99-17/UGM
Page 5
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On 0L _n A �
o�(;.T. ��, 2000 before me, L. lel_.
personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
persons(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 which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
REBECCA E. KLISCH
CITY CLERK
i
By
81XD A&Q- C1 U v-u
EPU jy