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HomeMy WebLinkAboutT-4741 - Agreement/Covenant - 8/17/2006 (3) RECORDED AT REQUEST OF RUM To-. 97097065 Itta AGcl � i CITY OF FRESNO nBvEI.OPMENT DEPARTMENT AT PAST M 2600 Fremo Strad F1tF8Jti0 CA 93721J604 I' JUL 3 1 1997 PRESNO COUNTY, CALIFORNIA WILLIAM C. GREENWOOD, County Record PLEASE CONFORM Donita Ghimenti FEE ABO{/f SPAGE fQA REC©RDER' 't �P�' g` °Rr3eR APN: 568-020-22(Por.) -25(Por.) CITY of FRESNO Project ID: Final Tract Map No. 4741 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, CENTEX HOMES, a Nevada General Partnership, 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: Lots 1 through 50, 56 through 79, and 83 through 96, inclusive, of Final Tract Map No. 4741, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded on 1111 3-11997 199_, in Volume , of Plats at Pages _,and , 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 Tract No. 4741 (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 requests the issuance of a Certificate of Occupancy. i Statement of Covenants Deferring Fees and Creation of Lien Page 3 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 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 Statement of Covenants Deferring Fees and Creation of Lien Page 4 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 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 Statement of Covenants Deferring Fees and Creation of Lien Page 5 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. 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 Statement of Covenants Deferring Fees and Creation of Lien Page 6 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. DATED: Iv 1997 CITY OF FRESNO, COVENANTOR a Municipal Corpor i n CENTEX HOMES, a Nevada General Partnership By: A in . Solis, Director By: Centex Real Estate Corporation Development Department a Nevada Corporation Managing General artner APPROVED AS TO FORM: By: HILDVMNT Y Landon, Ci Atto ivision President By: Deputy (Covenantor: Attach Notary Acknowledgements) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of On g _ ,C1�1 before me, , Date Name and Title of Officer(e.g. 'Jane Doe,Notary Public) personally appeared Name(s)of Signers) ersonally 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, _ R HENSLEV t executed the instrument. comm.#1005579 Z Z ="4 Notary Pubic—COifomia WITNESS my hand and official seal. ruu►ftE CCUNnr MY Comm.Expires SEP 26.1997 signature 7 ry Public OPTIONAL 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: }ry\ C JC t-Oyu 5 Document Date:ll\i1 Number of Page Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ ndividual ❑ Individual Corporate Officer c ❑ Corporate Officer 'Title(s): h iy j,[` �n�r ►11 1,\ Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attomey-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee _ ❑ Guardian or Conservator - ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: O 1994 National Notary Association-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876 827 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 ) O n 1 �efore me, yA? ( -�s t�F l4 -r-personally appeared ersonally known to me (or proved to me on the basis of satisfactory evid ce) 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: CTnro C', I lk-Q'11�1 0 - DEP EXHIBIT "A" DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS Lots 51-55, and 80-82, inclusive, have "Early Issuance of Building Permits." (EIBP). Deferred fees listed reflect total amount to be deferred with Early Issuance of Building Permits lots fees removed. 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) 87 - 1.0 inch Meters @ $320.00/Meter = $ 27,840.00 1 - 1.5 inch Meter @ $470.00/Meter = $ 470.00 C. UGM Transmission Grid Main (TGM) Charge UGM Reimbursement Area: A 25.2850 Gross Acres @ $ 560 /GA = $ 14,159.60 Less TGM Credit = $ 16,994.00 Estimated Net Deferred UGM TGM Charge = $Paid w/Credits D. Frontage Fee 1,133.29 Lineal Feet @ $ 3.25 /LF = $ 3,683.19 Estimated Deferred Frontage Fee = $ 2,708.19 E. 1994 Bond Debt Service Fee 1994 Bond Debt Service Area: 101 96 units @ $ 895.00 /unit = $ 85,920.00 Estimated Deferred 1994 Bond Debt Service Fee = $ 78,760.00 F. 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: 43 25.2850 Gross Acres @ $ 240 /GA = $ 6,068.40 Less Oversize Credit = $ 0.00 Estimated Net Deferred UGM Oversize Charge = $ 5,494.46 B. Lateral Sewer Charge 1,133.29 Lineal Feet @ $ 5.00 /LF = $ 5,666.45 Estimated Deferred Lateral Fee = $ 4,166.45 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: 21 25.2850 Gross Acres @ $1,388.00 GA = $ 31,776.32 B. UGM Neighborhood Park Fee Service Area: 7 25.2850 Gross Acres @ $1,690.00 GA = $ 38,690.18 C. UGM Trunk Sewer Fee (Res 83-40) Service Area: Gross Acres @ $ /GA = $ N/A D. UGM Major Street Charge Service Area: F 24.2040 Net Adj Acres @ $2,500.00/NAA = $ 60,510.00 Less Major Street Credit = $330,708.00 Net Major Street Charge = $Paid w/Credits E. UGM Major Street Bridge Charge Service Area: F 24.2040 Net Adj Acres @ $ 50.00 NAA = $ 1,210.20 Net Major Street Bridge Charge = $ 1,095.74 F. UGM Traffic Signal Charge 24.2040 Net Adjusted Acres @ $ 860 NAA = $ 18,846.73 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: \wp5l\deferral\covt4741 July 15, 1997 EXHIBIT"B"-PRORATED FEE OBLIGATIONS T-4741 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT Water 1994 Bond Sewer Fire Station Neighborhood Major Street Traffic Meter Debt Oversize #43 #21 Park#7 Bridge F Signal Lot Lot Amount Amount Amount Amount Amount Amount Amount No. Area Due Due Due Due Due Due Due 001 7639 320.00 $995.66 $56.26325.35 $396.14 $11.2!-2f-- 1 002 6420 320.00 895.00 $51.17 295.92 360.31 $10.21 $175.53 003 6420 320.00 895.00 $51.17 $295.92 $360.31 $10.21 $175.5T- 004 6393 320.00 895.00 $50.95 $294.67 $358.79 $10.16 174.75 005 6357 $320.00 $895.00 $50.66 $293.01 356.76 $10.11 $173.81 006 6952 320.00 895.00 $55.42 $320.49 $390.22 11.05 190.06 007 6439 320.00 895.00 $51.31 296.75 $361.32 $10.24 176.04 008 6437 320.00 895.00 51.31 296.75 361.32 $10.23 175.96 009 1 6383 $320.00 $895.00 $50.88 294.26 358.28 $10.15 $174.49 010 6397 320.00 895.00 $50.98 294.81 $358.96 $10.17 $174.92 011 6955 320.00 895.00 $55.44 $320.63 $390.39 $11.06 $190.15 012 6420 320.00 895.00 $51.17 $295.92 $360.31 $10.21 175.53 013 642 320.00 $895.00 51.17 295.92 $360.31 $10.21 $175.53 F01 6420 320.00 _T8-95.00 51.17 295.92 360.31 10.21 175.53 6946 320.00 895.00 55.37 320.21 389.88 11.04 189.89 7093 32000 89500 56.54 327.01 398.16 11.28 6480 320.00895.00 51.65 298.70 363.69 10.30 177.16 018 64 0 320.00 895.00 51.65 298.70 363.69 10.30 177.16 019 6480 320.00 895.00 51.65 298.70 363.69 10.30 177.16 020 7020 320.00 895.00 55. 4 323.54 393.94 11.16 191.95 021 6503 320.00 895.00 51.84 299.81 365.04 10.34 177.76 022 6500 320.00 895.00 51.82 299. 7 364.87 10.33 177.68 23 6440 320.00 895.00 51.34 296.89 361.49 10.24 176.04 024 6459 320.00 895.00 51.48 297.73 362.51 10.27 $176.56 025 7010 320.00 895.00 55.87 323.13 393.43 11.14 191.61 02 6516 320.00 895.00 51.94 300.36 365.72 10.36 178.11 027 6504 f320.00 895.00 $51.84 T299.81 $365.04 $10.34 $177.85 02 6480 320.00 895.00 $51.65 $298.70 $363.69 $10.30 177.16 029 1 6480 $320.00 $895.00 $51.65 298.70 $363.69 $10.30 $177.16 030 7044 320.00 895.00 $56.14 $324.65 $395.29 $11.20 192.55 031 9159 320.00 895.00 $73.01 $422.23 $514.10 $14.56 250.43 32 8216 320.00 895.00 $65.47 $378.65 461.03 $13.06 224.63 033 8200 320.00 $895.00 $65.55 $377.95 $460.19 $13.04 224.20 034 1 8220 $320.00 $895.00 $65.52 378.92 $461.37 $13.07 $224.72 035 8321 320.00 895.00 66.31 383.50 $466.95 $13.23 227.47 036 8724 320.00 895.00 $69.53 $402.10 $489.59 $13.87 238.48 037 9098 $320.00 $895.00 72.50 $419.31 $510.55 $14.46 248.71 038 9107 320.00 895.00 72.58 419.73 511.06 14.48 248.97 039 8748 320.00 895.00 69.72 403.21 490.95 13.91 239.17 040 8333 320.00 895.00 66.41 $384.06 $467.62 $13.25 227.81 041 8220 320.0089 5.00 $65.52 378.92 $461.37 $13.07 $224.72 042 8220 320.00 895.00 65.52 378.92 461.37 $13.07 224.72 document: \q\print\p4741.wb1 18-Jun-97 EXHIBIT"B"- PRORATED FEE OBLIGATIONS T-4741 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT Water 1994 Bond Sewer Fire Station Neighborhood Major Street Traffic Meter Debt Oversize #43 #21 Park#7 Bridge F Signal Lot Lot Amount Amount Amount Amount Amount Amount Amount No. Area Due Due Due Due Due Due Due 043 8220 320.00 895.00 65.52 378.92 461.37 13.07 224.72 044 8220 320.00 895.00 65.52 378.92 461.37 13.07 224.72 45 8220 320.00 895.00 65.52 378.92 461.37 13.07 224.72 046 8966 320.00 895.00 71.47 413.35 503.28 14.25 245.10 047 14092 470.00 895.00 112.32 649.58 790.92 22.40 $385.28 - 0 12189 320.00 895.00 97.15 561.86 684.11 19.38 333.25 04 8166 320.00 895.00 65.09 376.43 458.33 12.98 223.26 050 7680 $320.00 $895.00 $61.20 $353.94 $430.95 $12.21 $209.93 051 7680 Paid Paid Paid Paid Paid Paid Paid 52 7680 Paid Paid Paid Paid Paid Paid Paid 053 7680 Paid Paid Paid Paid Paid Paid Paid 054 7680 Paid Paid Paid Paid Paid Paid Paid 055 769-0 - Paid Paid Paid Paid Paid Paid Paid 056 8201 320.00 895.00 $65.35 $377.95 460.19 13.04 $224.20 57 8024 320.00 895.00 $63.96 $369.90 $12.76 $219.39 58 7560 $320.00 895.00 $60.26 $348.53 $424.36 $12.02 $206.66 59 7560 7320.00 $895.00 $60.26 $348.53 $424.36 12.02 206.66 0 7560 320.00 895.00 $60.26 $348.53 $424.36 $12.02 206.66 1 7504 $320.00 $895.00 $59.81 $345.89 $421.15 $11.93 $205.11 62 11065 $320.00 895.00 $88.20 $510.09 $621.08 $17.59 $302.46 3 7990 7320.00 $895.00 63.67 $368.24 $448.36 12.70 218.44 64 7587 T320.00 895.00 $60.48 $349.78 $425.88 $12.06 207.43 65 7776 $320.00 $895.00 $61.97 $358.38 436.36 $12.36 $212.59 066 8208 $320.00 895.00 65.42 $378.37 $460.69 $13.05 $224.37 67 7705 320.00 $895.00 $61.42 $355.19 $432.47 $12.25 210.61 8 8148 320.00 895.00 $64.94 $375.59 $457.31 $12.95 222.74 0 9 8149 320.00 895.00 $64.94 $375.59 $12.96 $222.9-3- 70 7777 $320.00 895.00 $61.99 $358.52 $436.53 $12.36 $212.59 071 7905 320.00 $895.00 63.00 $364.35 $443.63 $12.57 216.12 72 7905 320.00 895.00 $63.00 $364.35 $443.63 $12.57 216.12 073 7905 320.00 895.00 $63.00 $364.35 $443.63 $12.57 216.12 74 7759 $320.00 895.00 $61.85 357.69 $435.51 $12.34 $212.16 075 11599 320.00 $895.00 $92.45 $534.66 $650.99 $18.44 317.08 76 9126 f320.00 895.00 $72.74 $420.70 $512.24 $14.51 249.49 077 8568 320.00 895.00 $68.28 $394.89 $480.81 $13.62 $234.26 078 9217 $320.00 $895.00 $73.46 $424.87 $517.31 14.65 $251.98 079 9472 320.00 895.00 $75.50 $436.66 531.67 $15.06 258.95 080 12135 Paid Paid Paid Paid Paid Paid Paid 081 9053 Paid Paid Paid Paid Paid Paid Paid 082 12429 Paid Paid Paid Paid Paid Paid Paid 083 8836 $320.00 $895.00 $70.42 $407.24 $495.85 $14.05 $241.57 084 8705320.00 895.00 69.38 401.27 488.58 13.84 237.96 document: \q\print\p4741.wb1 18-Jun-97 EXHIBIT"B"-PRORATED FEE OBLIGATIONS T-4741 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT Water 1994 Bond Sewer Fire Station Neighborhood Major Street Traffic Meter Debt Oversize#43 #21 Park#7 Bridge F Signal Lot Lot Amount Amount Amount Amount Amount Amount Amount No. Area Due Due Due Due Due Due Due 085 7668 $320.00 $895.00 $61.10 $353.38 430.27 $12.19 $209.67 086 8032 320.00 895.00 $64.01 $370.18 450.72 $12.77 219.56 0T7_ 8257 320.00 895.00 $65.81 $380.59 463.40 $13.13 225.75 088 8243 320.00 895.00 65.69 379.90 462.55 13.10 225.32 089 7612 $320.00 $895.00 $60.67 350.89 427.23 $12.10 $208.12 090 8037 320.00 $895.00 $64.06 $370.46 $451.06 12.78 $219.73 0 1 8037 320.00 895.00 $64.06 $370.46 $451.06 12.78 $219.73 092 8680 320.00 895.00 $69.19 $400.16 $487.23 $13.79 237.27 093 7561 $320.00 $895.00 $60.26 $348.53 424.36 $12.02 $206.74 094 7560 320.00 895.00 $60.26 $348.53 424.36 12.02 $206.66 095 7560 320.00 895.00 $60.26 $348.53 424.36 $12.02 206.66 096 8086 320.00 895.00 $64.44 $372.68 $453.77 $12.85 221.02 document: \q\print\p4741.wb1 18-Jun-97