HomeMy WebLinkAboutT-4798 - Agreement/Covenant - 8/16/2006 (3) WN
COF�SNO 97066107
DEVF74DPNK4T DFPARTNOM LT.-z". PAST M
2600 Frmo Went
FRESNO CA 93721-3604 U 7t
MAY 2 2 1997
FRESNO COUNTY, CALIFORNIA
WILLIAM C.GREENWOOD,County Recorder
Donita Ghimenti FrEE
P1 FAR BY DEPUTY R7CORDER S
ABOVE:SPACE FOR RECORDER'S USE
APN: 406-020-32 CITY of FRESNO
Project ID: Final Tract Map No. 4798 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, SPALDING G. WATHEN AND DELLA WATHEN, husband and wife, as
joint tenants, 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 Vesting Tentative Tract No. 4798 (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
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
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: 512, I
CITY OF FRESNO, COVENANTOR
a Municipal Corporation SPALDING G. WATHEN AND
DELLA WATHEN, husband and wife,
as joint tenants
By:
in P. Solis, Director
Development Department By: no 72
Sp ing G. at en
APPROVED AS TO FORM:
By:
HILDA CANTU M OY Della Wathen
Ci Atto ey
B •
Deputy
(Covenantor: Attach Notary
Acknowledgements)
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 1997 before me, � r 1_�/n�E r UEf2ETersonally appeared
personally known to me (or proved to me on the basis
of satisfact 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:
.(f (3 LkVUt
E P U"U
STATE OF CALIFORNIA,
COUNTY OF Fresno
On March 18. 1997 before me, Judith A- Rnhincnn
a Notary Public in and for said County and State, personally
appeared Spalding G. Wathen and Della Wathen
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 JUDITH A. ROBINSON
he/she/the executed the same in his/her/their COMM.11025727 co
Y m NOTARY PUBLIC-CALIFORNIA CO
authorized capacity(ies), and that by his/her/their m PRINCIPAL OFFICE IN
FRESNO COUNTY ....
signature(s) on the instrument the person(s), or u, „ My Commission Exp.May 6,1996
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Signature S�,� O—A
I CERTIFY UNDER PENALTY OF PERJURY THAT THE "NOTARY SEAL" ON THE
DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS:
NAME OF NOTARY
DATE COMMISSION EXPIRES
PLACE OF EXECUTION DATE
Govt. Code, Sec. 27261.7)
Signature (Firm Name If Any)
This form is furnished by Chicago Title Company
TE 160 Fresno(11-95)
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 9
EXHIBIT "A"
LEGAL DESCRIPTION of SUBJECT PROPERTY
Lots 1 through 42 and 47 through 80, inclusive of Final Tract Map No. 4798 as
recorded in Fresno County Records, Volume &V at Pages
on MAY 2 2 1997. 199
EXHIBIT "B"
DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS
Deferred fees listed below do NOT include lots 43-46 which have been paid with
subdivision agreement.
Project Zoning: R-2/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)
76 - 1.0 inch Meters @ $320.00/Meter = $ 24,320.00
C. UGM Transmission Grid Main (TGM) Charge
UGM Reimbursement Area: A
11.0932 Gross Acres @ $ 560 /GA = $ 6,212.19
Less TGM Paid = $ 311.25
Estimated Net Deferred UGM TGM Charge = $ 5,900.94
D. Frontage Fee
670.48 Lineal Feet @ $ 3.25 /LF = $ 2,179.06
Estimated Deferred Frontage Fee = $ 2,179.06
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: 16
11.0932 Gross Acres @ $ 240 /GA = $ 2,662.37
Less Oversize Paid = $ 133.39
Estimated Net Deferred UGM OS Charge = $ 2,528.98
B. Lateral Sewer Charge
670.48 Lineal Feet @ $ 5.00 /LF = $ 3,352.40
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: 2
11.0932 Gross Acres @ $ 555.00 /GA = $ 5,848.26
B. UGM Neighborhood Park Fee
Service Area: 6
11.0932 Gross Acres @ $2,263.00 GA = $ 23,846.13
C. UGM Trunk Sewer Fee (Res 83-40)
Service Area:
Gross Acres @ $ /GA = $ N/A
D. UGM Major Street Charge
Service Area: C/D-2
8.9288 Net Adj Acres @ $1,930.00/NAA = $Pd.w/ AD#104 Cr
E. UGM Major Street Bridge Charge
Service Area: C/D-2
8.9288 Net Adj Acres @ $ 65.00 /NAA = $ 551.29
F. UGM Traffic Signal Charge
8.9288 Net Adjusted Acres @ $ 860 /NAA = $ 7,294.01
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 = $Pd.w/ AD#104 Cr
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\covt4798 January 15, 1997
EXHIBIT"C"-PRORATED FEE OBLIGATIONS
Water Water Water Sewer Sewer Fire Station Park
Meter Frontage T.G.M.(A) Frontage Oversize (16) #02 #06
Lot Lot Amount Amount Amount Amount Amount Amount Amount
No. Area Due Due Due Due Due Due Due
3 0 $72.02 $0.00 $30.8671.37 1. 2
02 4368 $320.00 $0.00 79.24 $0.00 33.96 $78.53 320.21
03 4368 $320.00 $0.00 79.24 $0.00 33.96 $78.53 $320.21
04 ---476-8 $320.00 $0.00 $79.24 $0.00 $33.96 $78.53 $320.21
05 4452 $320.00 $0.00 80.75 $0.00 $34.61 $80.03 $326.32
006 4402 320.00 $0.00 $79.86 $0.00 $34.22 79.14 $322.70
07 4298 $320.00 $234.00 $77.95 $360.00 $33.41 $77.26 $315.01
08 4128 $320.00 $156.00 $74.87 $240.00 32.09 $74.20 302.56
F09 4128 320.00 156.00 74.87 240.00 $32.09 74.20 302.56
10 4472 320.00 159.25 81.09 245.00 34.75 $80.36 327.68
011 4128 320.00 156.00 74.87 240.00 32.09 74.20 302.56
012 4128 $320.00 $156.00 $74.87 $240.00 $32.09 $74.20 $302.56
13 4128 320.00 $156.00 $74.87 $240.00 32.09 74.20 302.56
14 412 320.00 $156.00 $74.87 $240.00 $32.09 $74.20 $302.56
15 4214 320.00 $159.25 7 $245.00 32.76 $75.76 $308.90
V1-6-- 4128 $320.00 $156.00 $74.87 $240.0 $32.09 $74.20 $302.56
17 4137 320.00 $209.56 $75.04 $322.40 3 $74.37 303.24
18 4062 320.00 $325.00 $73.70 $500.00 31.58 $73.04 $297.81
-Tl-§-- 4368 $320.00 $0.00 $79.24 $0.00 $33.96 $78.53 $320.21
20 4368 $320.00 0.00 $79.24 $0.00 33.96 $78.53 $320.21
21 4032 $320.00 0.00 $73.14 $0.00 $31.34 72.48 295.55
22 4368 $320.00 $0.00 $79.24 $0.00 $33.96 $78.53 320.21
023 4407 $320.00 $0.00 $79.91 $0.00 $34.25 $79.20 $322.93
024 4766 $320.00 $0.00 $86.46 $0.00 37.06 $85.69 $349.41
025 4860 $320.00 $0.00 $88.14 $0.00 $37.78 $87.36 $356.20
026 4320 320.00 0.00 $78.34 $0.00 33.58 $77.64 316.59
027 4680 $320.00 0.00 84.90 $0.00 36.38 84.14 343.07
028 4680 $320.00 $0.00 $84.90 $0.00 $36.58 84.14 343.07
029 4320 320.00 $0.00 $78.14 $0.00 $33.58 $77.64 316.59
30 4680 320.00 0.00 84.90 0.00 36.38 84.14 343.07
031 4680 320.00 0.00 84.90 $0.00 $36.38 84.14 343.07
032 4320 320.00 0.00 78.34 $0.00 $33.58 77.64 316.59
033 4680 1320.00 $0.00 $84.90 $0.00 $36.38 $84.14 $343.07
034 4680 $320.00 0.00 $84.90 $0.00 $36.38 $84.14 $343.07
35 4320 320.00 $0.00 $78.34 $0.00 $33.58 $77.64 316.59
03 4680 $320.00 $0.00 $84.90 $0.00 36.38 $84.14 343.07
037 4680 $320.00 $0.00 84.90 $0.00 $36.38 $84.14 $343.07
038 1 4320 $320.00 $0.00 1 78.34 1 $0.00 $33.58 $77.64 $316.59
039 4770 $320.00 $0.00 86.52 $0.00 $37.08 $85.75 349.63
0 4732 $320.00 $0.00 $85.85 $0.00 $36.79 $85.08 $346.92
041 4260 $320.00 $0.00 $77.28 $0.00 33.12 $76.59 $312.29
2 4032 320.00 $0.00 73.14 $0.00 $31.34 $72.48 295.55
7 3925 $320.00 $0.00 $71.18 0.00 $30.50 70.54 $287.63
048 4452 $320.00 $0.00 $80.75 $0.00 34.61 $80.03 $326.32
document: \q\print\t4798.wb1 15-Jan-97
EXHIBIT"C"- PRORATED FEE OBLIGATIONS
Major Bridge Traffic
(C/D-2) Signal
Lot Amount Amount
No. Due Due
F003
.01
7.40 97.95
7.40 97.95
$7.40 197.95
OS $7.55 $99.85
06 7.46 $98.73
7 7.28 $96.32
08 $6.99 $92.54
0 $6.99 $92.54
10 $7.58 100.28
11 6.99 $92.54
12 $6.99 $92.54
13 $6.99 $92.54
14 $6.99 92.54
015 $7.14 $94.43
1 6.99 $92.54
17 $7.01 $92.71
018 $6.88 91.07
19 $7.40 $97.95
20 $7.4097.95
021 $6.83 90.39
22 $7.40 $97.95
023 $7.47 $98.81
24 $8.07 $106.81
25 $8.24 108.96
026 $7.32 96.84
027 7.93 $104.92
28 7.93 $104.92
029 $7.32 96.84
0 $7.93 $104.92
31 $7.93 104.92
01-2 $7.32 $96.84
033 $7.93 $104.92
34 $7.93 $104.92
035 $7.32 $96.84
U3-3'- 7.93 $104.92
037 $7.93 $104.92
038 $7.32 $96.84
39 8.08 $106.90
40 $8.02 $106.12
041 $7.22 95.46
042 $6.83 $90.39
047 $6.65 1 187.98
4 $7.55 99.85
document: \q\print\t4798.wb1 15-Jan-97
EXHIBIT"C'-PRORATED FEE OBLIGATIONS
Water Water Water Sewer Sewer Fire Station Park
Meter Frontage T.G.M.(A) Frontage Oversize(16) #02 #06
Lot Lot Amount Amount Amount Amount Amount Amount Amount
No. Area Due Due Due Due Due Due Due
E534368 320.00 0.00 $79.24 0.00 33.96 78.53 320.21
43 8 320.00 0.00 $79.24 0.00 33.96 78.53 320.21
4032 320.00 $0.00 $73.14 $0.00 31.34 72.48 295.55
4368 320.00 0.00 79.24 $0.00 33.96 78.53 320.21
4368 $320.00 $0.00 $79.24 0.00 33.96 $78.53 $320.21
54 4032 $320.00 $0.00 $73.14 0.00 $31.34 $72.48 295.55
55 4452 $320.00 $0.00 $80.75 0.00 $34.61 $80.03 -$-3-2'6.3 2
056- 4368 $320.00 $0.00 $79.24 0.00 33.96 $78.53 $320.21
57 4103 320.00 $0.00 $74.42 $0.00 $31.90 $73.76 300.75
659- 4046 $320.00 $0.00 $73.36 $0.00 31.44 $72.71 296.45
059 4452 $320.00 $0.00 $80.75 $0.00 34.61 $80.03 32 .32
0 4452 320.00 0.00 80.75 $0.00 $34.61 $80.03 $326.32
1 4452 320.00 $0.00 $80.75 $0.00 $34.61 80.03 326.32
4368 320.00 $0.00 $79.24 $0.00 33.96 $78.53 $320.21
3 4032 $320.00 $0.00 $73.14 $0.00 31.34 $72.48 $295.55
4452 $320.00 $0.00 $0.00 $34.61 80.03 326.32
4452 T320.00 $0.00 $80.75 $0.00 $34.61 80.03 $326.32
4255 $320.00 $0.00 $77.17 $0.00 $33.07 $76.48 $311.84
7 3600 $320.00 $0.00 $65.30 $0.00 27.98 $64.71 $263.87
068 3840 $320.00 $0.00 $0.00 $29.86 $69.04 $281.52
9 3840 $320.00 $0.00 $69.66 $0.00 $29.86 $69.04 $281.52
70 3840 $320.00 $0.00 $69.66 $0.0 $29.86 $69.04 $281.52
71 3840 320.00 $0.00 $69.66 $0.00 $29.86 $69.04 281.52
72 3840 $320.00 $0.00 $69.66 $0.00 $29.86 $69.04 $281.52
73 3866 $320.00 0.00 $70.11 $0.00 $30.05 $69.49 $283.33
74 3956 $320.00 $0.00 $71.74 0.00 $30.74 $71.10 $289.89
75 3956 $320.00 $0.00 $71.74 $0.00 $30.74 $71.10 $289.89
076 3950 $320.00 $0.00 $71.62 $0.00 $30.70 $70.98 $289.44
77 3949 $320.00 $0.00 $71.62 $0.00 $70.98 $289.44
3956 320.00 0.00 $71.74 $0.00 $30.74 71.10 $289.89
E79 4077 320.00 0.00 $73,92 0.00 31.68 73.26 $298.72
080 5046 $0.00 1 $91.50 1 $0.00 1 $39.22 1 $90.69 1 1369.77
iocument: 1glprint1t4798.wb 1 15-Jan-97
EXHIBIT"C'- PRORATED FEE OBLIGATIONS
Major Bridge Traffic
(C/D-2) Signal
Lot Amount Amount
No. Due Due
49 7.40 97.95
50 $7.40 97.95
51 $6.83 90.39
52 $7.40 97.95
53 7.40 97.95
54 6.83 $90.39
55 7.55 $99.85
5 7.40 97.95
057 $6.96 $92.02
058 $6.86 $90.73
05 7.55 99.85
060- $7.55 99.85
061 $7.55 99.85
2 $7.40 $97.95
3 $6.83 $90.39
7.55 99.85
5 $7.55 $99.85
066 7.21 $95.37
7 $6.10 80.67
068- $6.51 86.09
9 $6.51 $86.09
70 $6.51 $86.09
71 $6.51 86.09
72 $6.51 86.09
73 $6.55 $86.69
74 $6.70 $88.67
75 $6.70 88.67
076"- 6.70 88.58
77 $6.69 $88.49
78 $6.70 $88.67
079 $6.91 $91.42
080 $8.55 $113.09
document: \q\print\t4798.wb1 15-Jan-97