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Home My WebLink AboutT-4866 - Agreement/Covenant - 8/14/2006 (2) T SSE WNFORM 01/31/2000,20000011520 RE�vRN TD CITY OF FRESNO DEVELOPMENT DEPARTMENT 2600 FRESNO STREET FRESNO CA 93721-3604 ,,; ;. ABOUE.rvPACE FOR RECQRDER S USE'ONLY. f77 APN: 506-120-01 CITY of FRESNO Project ID: Final Tract Map No. 4866 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, TREND HOMES, 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, 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 89, and 95 through 101, inclusive, of Final Tract Map No. 4866, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded on 2 0 0 0 in Volume (,:�3 , 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 Final Tract Map No. 4866 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 1 Statement of Coven rats Deferring Fees and Creation of Lien Final Tract Map No. 4866 Page 5 ' 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. Statement of Coventnts Deferring Fees and Creation of Lien Final Tract Map No. 4866 Page 7 DATED: CITY OF FRESNO, COVENANTOR a Municipal Corporation TREND HOMES, INC., a California Corporation By: By: �i C'� 7/l//� Solis, Director Robert A. McC y, Development Department President APPROVED AS TO FORM: By: C KarC40y, HILDA CANTO MONTOY Vice President/Secretary City Attorney -� By: e (Covenantor: Attach Notary Acknowledgements) t 'ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5193 State of California OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER County of Fresno statute does not Ttlargh require the Notary to fill in the data below,doing so may prove Invaluable to persons relying on the document opec. 9. 1999 before me, Vicki K. Washer []INDIVIDUAL DATE NAME.TITLE OF OFFICER-E.G..'JANE DOE.NOTARY PUBLIC ®CORPORATE OFFICER(S) personally appeared Robert A. McCaffrey & Karen McCaffrey Pres: & V. Pres/Sec NAME(S)OF SIGNER(S) TITLE(S) ®personally known to me-OR- proved to me on the basis of satisfactory evidence ❑PARTNER(S) LIMITED to be the person(s) whose name(s)Mare ❑ GENERAL subscribed to the within instrument and ac- knowledged to me that bp1p.Wthey executed TRUSTEE(S) $the same inAsth v;itheir authorized �GUARDIAN/CONSERVATOR capacity(les), and that bytimtba%r/their signature(s) on the instrument the person(s), OTHER: or the entity upon behalf of which the VICKI K.wASHHt person(s)acted, executed the instrument. Commtssiorl� 122s4t9 SIGNER IS REPRESENTING: Com hWori_C=9449 � ITNESS my hand and official seal. NAME OF PERSON(S)OR ENTITY(IES) Fresno Courtly My Camra.x"16,2003 SIGNATURE OF NOT/WY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT Stmt Of Covenants THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES DATE OF DOCUMENT Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S)OTHER THAN NAMED ABOVE ®1992 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Statement of Covenants Deferring Fees and Creation'-of Lien Final Tract Map No. 4866 Page 11 F. 1994 Bond Debt Service Fee 201 1994 Bond Debt Service Area. 101 Units @ $ 0.001 Unit = $ 0.00 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 III. URBAN GROWTH MANAGEMENT FEES A. UGM Fire Station Fee Service Area: 14 26.1905 Gross Acres @'$ 547.00 /GA = $ 13,725.81 B. UGM Neighborhood Park Fee Service Area: 5 26.1905 Gross Acres @ $1,695.00 /GA = $ 42,532.47 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 22.1769 Net Adj Acres @ $1,930.00 /NAA = $ 42,801.42 Less Major Street Credit (Estimated) _ $ 85,260.00 Net Major Street Charge = $ Pd. w/Credits E. UGM Major Street Bridge Charge Service Area: C/D-2 22.1769 Net Adj Acres @ $ 65.00 /NAA = $ 1,381.08 F. UGM Traffic Signal Charge 22.1769 Net Adjusted Acres @ $ 860 /NAA = $ 18,272.76 G. UGM Grade Separation Charge Service Area: Net Adjusted Acres @ $ /NAA = $ NIA H. UGM At-Grade Railroad Crossing Charge Service Area: C/D-1 22.1769 Net Adjusted Acres @ $ 262.00/NAA = $ 5,566.82 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:\wp5I\Final Tract Map 4866 January 6,2000 EXHIBIT"B"-- PRORATED FEE OBLIGATIONS Neighborhood Major Traffic At-Grade Lot Park Bridge 5ignal , RR-Xing No. Amount Amount Amount Amount Due Due Due Due 001 $662.07 $21.50 $284.40 $86.64 002 $431.72 $14.02 $185.50 $56.51 003 $376.80 $12.23 $161.85 $49.31 004 $376.80 $12.23 $161.85 $49.31 005 $376.80 $12.23 $161.85 $49.31 006 $376.80 $12.23 $161.85 $49.31 007 $376.80 $12.23 $161.85 $49.31 008 $455.95 $14.81 $195.91 $59.68 009 $552.91 $17.95 $237.53 $72.36 010 $454.26 $14.76 $195.22 $59.47 011 $395.10 $12.83 $169.76 $51.72 012 $657.83 $21.36 $282.60 $86.09 013 $515.28 $16.73 $221.36 $67.44 014 $497.82 $16.17 $213.88 $65.16 015 $650.20 $21.11 $279.33 $85.10 016 $774.62 $25.16 $332.82 $101.39 017 $485.11 $15.76 $208.46 $63.51 018 $437.48 $14.20 $187.91 $57.25 019 $437.65 $14.21 $188.00 $57.27 020 $437.65 $14.21 $188.00 $57.27 021 $463.92 $15.07 $199.35 $60.73 022 $502.74 $16.32 $215.95 $65.79 023 $803.60 $26.09 $345.20 $105.17 024 $459.68 $14.93 $197.54 $60.18 025 $392.05 $12.73 $168.39 $51.30 026 $872.25 $28.32 $374.70 $114.15 027 $955.98 $31.04 $410.65 $125.11 028 $440.87 $14.32 $189.46 $57.72 029 $359.34 $11.67 $154.37 $47.03 030 $390.36 $12.68 $167.70 $51.09 031 $390.36 $12.68 $167.70 $51.09 032 $364.59 $11.84 $156.69 $47.74 033 $364.59 $11.84 $156.69 $47.74 034 $364.59 $11.84 $156.69 $47.74 035 $376.80 $12.23 $161.85 $49.31 036 $376.80 $12.23 $161.85 $49.31 037 $430.19 $13.97 $184.81 $56.30 038 $485.62 $15.77 $208.64 $63.56 document:\q\print\h4866 06-Jan-00 CD EXHIBIT"B"-- PRORATED FEE OBLIGATIONS Neighborhood Major Traffic At-Grade Lot Park Bridge Signal , RR-Xing No. Amount Amount Amount Amount Due Due Due Due 039 $367.65 $11.94 $157.98 $48.13 040 $367.65 $11.94 $157.98 $48.13 041 $367.65 $11.94 $157.98 $48.13 042 $367.65 $11.94 $157.98 $48.13 043 $364.59 $11.84 $156.69 $47.74 044 $404.77 $13.14 $173.89 $52.98 045 $395.10 $12.83 $169.76 $51.72 046 $364.59 $11.84 $156.69 $47.74 047 $379.51 $12.32 $163.06 $49.68 048 $558.67 $18.14 $240.03 $73.12 049 $602.06 $19.55 $258.69 $78.81 050 $384.43 $12.48 $165.12 $50.30 051 $364.59 $11.84 $156.69 $47.74 052 $364.59 $11.84 $156.69 $47.74 053 $364.59 $11.84 $156.69 $47.74 054 $390.36 $12.68 $167.70 $51.09 055 $390.36 $12.68 $167.70 $51.09 056 $395.10 $12.83 $169.76 $51.72 057 $364.59 $11.84 $156.69 $47.74 058 $364.59 $11.84 $156.69 $47.74 059 $364.59 $11.84 $156.69 $47.74 060 $857.84 $27.85 $368.51 $112.27 061 $861.74 $27.98 $370.23 $112.79 062 $412.05 $13.38 $177.07 $53.95 063 $344.76 $11.19 $148.09 $45.12 064 $364.59 $11.84 $156.69 $47.74 065 $364.59 $11.84 $156.69 $47.74 066 $364.59 $11.84 $156.69 $47.74 067 $364.59 $11.84 $156.69 $47.74 068 $364.59 $11.84 $156.69 $47.74 069 $364.59 $11.84 $156.69 $47.74 070 $364.59 $11.84 $156.69 $47.74 071 $364.59 $11.84 $156.69 $47.74 072 $364.59 $11.84 $156.69 $47.74 073 $364.59 $11.84 $156.69 $47.74 074 $364.59 $11.84 $156.69 $47.74 075 $395.10 $12.83 $169.76 $51.72 076 $398.66 $12.94 $171.23 $52.16 document:\q\print\h4866 06-Jan-00 ` EXHIBIT"B" --PRORATED FEE OBLIGATIONS • Neighborhood Major Traffic At-Grade Lot Park Bridge Signal , RR-Xing No. Amount Amount Amount Amount Due Due Due Due 077 $364.59 $11.84 $156.69 $47.74 078 $364.59 $11.84 $156.69 $47.74 079 $364.59 $11.84 $156.69 $47.74 080 $364.59 $11.84 $156.69 $47.74 081 j $364.59 $11.84 $156.69 $47.74 082 $434.77 $14.12 $186.79 $56.91 083 $412.05 $13.38 $177.07 $53.95 084 $412.05 $13.38 $177.07 $53.95 085 $416.63 $13.53 $178.97 $54.52 086 $658.00 $21.37 $282.68 $86.12 087 $444.43 $14.43 $190.92 $58.16 0.5.3 $444.43 $14.43 $190.92 $58.16 089 $532.06 $17.28 $228.59 $69.64 090 Paid Paid Paid Paid 091 Paid Paid Paid Paid 092 Paid Paid Paid Paid 093 Paid Paid Paid Paid 094 Paid Paid Paid Paid 095 $398.16 $12.93 $171.05 $52.11 096 $398.16 $12.93 $171.05 $52.11 097 $393.41 $12.78 $169.08 $51.51 098 $411.38 $13.36 $176.73 $53.84 099 $412.22 $13.38 $177.07 $53.95 100 $412.22 $13.38 $177.07 $53.95 101 $434.77 $14.12 $186.79 $56.91 document:\q\print\h4866 06-Jan-00