HomeMy WebLinkAboutT-4951 - Agreement/Covenant - 8/14/2006 (2) Recording Requested by
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DEVELOPMENT DEPARTMENT
2600 FRESiiO STREET
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P.W.File No. 10254 Development Department
FinalTract Map No. 4951 City of Fresno
RELEASE OF COVENANTS
(Releasing Covenant For Temporary Off-Site Drainage Facilities For
Tract 4826, Phase II Of Tentative Tract 4357)
WHEREAS, Central Pacific Builders, Inc., a California Corporation hereinafter
referred to as "The Covenantor," entered into an agreement to provide storage of storm
water runoff and temporary drainage facilities for Tract 4826, Phase II Of Tentative
Tract 4357 which was recorded on September 24, 1999 as Document No. 19990142351
in the Fresno County Recorder's Office, Fresno County, California; and
WHEREAS, that property affected by said agreement is hereinafter referred to as
"the subject property" and more particularly described in attached Exhibits "A"&"B";
and
WHEREAS, all such instruments of Subordination, if any, are attached hereto and
made a part of this instrument; and
WHEREAS, a condition of approval of Tract No. 4951 is a requirement that the
Covenantor provide temporary drainage facilities for the subdivision until such time that
permanent facilities are available; and
{
Release of Covenants
Final Tract Map No. 4951
Page 2
WHEREAS, by execution of a new covenant agreement, Covenant For
Temporary Off-Site Drainage Facilities For Tract(s)No. 4951 and 4826, Phases II and
III, respectively of Tentative Tract 4357, the need for the previous agreement is
eliminated.
NOW, THEREFORE, the City of Fresno does hereby release said property owner,
from the agreement and certifies that it shall be of no further force of effect.
DATED:
CITY OF FRESNO, APPROVED AS TO FORM:
a Municipal Corporation HILDA CANTU MONTOY
City Attorney
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Mark I. Williamson, Duector eputy
Public Works Department
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CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On 2WM9-eh �0 , 2000 before me, J L - O
personally appeared Mark I. Williamson personally known to me (or prove to m 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 of which
the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
REBECCA E. KLISCH
CITY CLERK
By -o G U&-Vt
UTY
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Exhibit"A"
That portion of Lot 323, 324, 325 and 326 of J.C. Forkner Fig Gardens Subdivision No. 3 recorded in
Volume 8 of Plats at Page 79, Fresno County Records, described as follows:
Commencing at the West Quarter Corner of Section 3, Township 13 South, Range 20 East, Mount
Diablo Base and Meridian; thence N. 00°32'23"E. along the West line of said Section 3, a distance of
112.92 feet; thence N. 18°08'29"E., a distance of 449.42 feet; thence N.89°40'50"E., a distance of
855.62 feet; thence N. 78'42'19"E., a distance of 59.00 feet; thence S.00°35'59"W., a distance of
551.42 feet to a point on the South line of the Northwest Quarter of said Section 3; thence
S.89°43'52"W. along said South line, a distance of 1,048.70 feet to the point of commencement.
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EXHIBIT B I OF 2
Temporary Basin A
That portion of Lot 298, 299, 322 and 323 of J.C. Forkner Fig Gardens Subdivision No. 3
according to the map thereof recorded in Volume 8 of Plats at Page 79, Fresno County Records,
described as follows:
Commencing at a point on the West line of said Lot 322 which bears S. 00'37'1 1"W., a distance
of 87.61 feet from the Northwest corner thereof; thence N.89°43'52"E., a distance of 68.44 feet;
thence N. 00°16'08"W., a distance of 87.64 feet to a point on the North line of said Lot 322 and a
point on the South line of said Lot 299; thence N.00°16'08"W., a distance of 84.56 feet; thence
5.89°43'52"W., a distance of 65.77 feet to a point on the West line of said Lot 299 and a point on
the East line of said Lot 298; thence 5.89°43'52"W., a distance of 102.43 feet; thence
5.00°16'08"E., a distance of 72.21 feet; thence S89°43'52"W., a distance of 66.49 feet; thence
5.00°35'59"W., a distance of 12.49 feet to a point on the South line of said Lot 298, and a point
on the North line of said Lot 323; thence 5.00°35'59"W., a distance of 87.51 feet; thence
N.89°43'52"E., a distance of 167.77 feet to the Point of Commencement.
Temporary Basin B
That portion of Lot 323 and 324 of J.C. Forkner Fig Gardens Subdivision No. 3 according to the
map thereof recorded in Volume 8 of Plats at Page 79, Fresno County Records, described as
follows:
Commencing at the Southeast corner of said lot 324; thence 5.89°43'52"W., along the South line
of said Lot 324, a distance of 16.01 feet; thence N.00°16'08"W., a distance of 90.00 feet; thence
N.89°43'52"E., a distance of 17.38 feet to a point on the East line of said Lot 324 and a point on
the West line of said Lot 323;thence N.89°43'52"E., a distance of 53.99 feet; thence
5.00°35'59"W., a distance of 90.01 feet, to a point on the South line of said Lot 323; thence
5.89°43'52"W., along said South line a distance of 53.99 feet to the Point of Commencement.
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1A1999\99009\TBasinA_B Legal.doc
EXHIBIT B 2 OF 2
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102.43' 65.77'
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POINT OF COMMENCEMENT I
TEMPORARY BASIN A
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53.99' I j CJ
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53.99'
S89'43 52 W WEST SIERRA AVENUE_
SOUTH LINE NW 1/4 SEC 3 13/19 OWNER:
POINT OF COMMENCEMENT
LESLIE P. BUSICK, TRUSTEE OF THAT CERTAIN TRUST AGREEMENT
TEMPORARY BASIN B ai DATED JUNE 11, 1974
SOUTHEAST CORNER LOT 324 p P.O. BOX 4150
INCLINE VILLAGE, NV. 89,450
(775) 831-1002
SCALE: 1"=100'
ACCT NO CITY O rc FRESNO "'T.1ENi OF PUBLIC WORKS
FILE NO RAYMOND G. SALAZM
CRY ENGINEER
REF h REV ///���/KAY APPROVED
O��U\1 SINS A & B CONST. ENG OMCE ENG
FOR d� CRY DESIGN ENG
TRACT N0. 826 CH e�Y L.A.P. ./NO. '
PHASE II OF VESTING TENTATIVE TRACT NO. 4357 DATE / SHEETS
A PLANNED DEVELOPMENT SCALE AS NOTED -FEET-A-
CONFORMED
Recording Requested by COPY
C1 FY OF FRESNO
DEVELOMIENT DEPARTMENT Z0006'59�4'�
2: 0 FRES' 0 STREET %2129/2000,
FRE:Si 0 CA 93121-3604
No Fee-Govt Code 6103
SPACE ABOVE FOR RECORDER'S USE
CITY OF FRESNO
P.W. File No. 10254 Development Department
Building & Safety Services Division
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
FOR TEMPORARY STORM DRAINAGE FACILITIES
(Phase III of Vesting Tentative Map No. 4357)
WHEREAS, CENTRAL PACIFIC BUILDERS, INC., A CALIFORNIA
CORPORATION, hereinafter referred to as the "Covenantor," is the owner of the real
property situated in the City of Fresno, County of Fresno, State of California,
hereinafter referred to as the "Subject Property" and more particularly described in
Exhibit "A," attached and incorporated herein by this reference; and
WHEREAS, 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; and
WHEREAS, all such instruments of Subordination, if any, are attached hereto
and made a part of this instrument; and
WHEREAS, a condition of approval for the Final Map of Tract No 4951, requires
the provision and maintenance of temporary storm water storage (ponding basin) and
associated facilities, hereinafter referred to as "temporary storm drainage facilities,"and
more particularly described in Exhibit "B," attached and incorporated herein by this
Statement of Covenants
Temporary Storm Drainage Facilities
Tract No. 4951 Page 2
reference until such time that permanent storm drainage facilities are available to serve
said final map; and
WHEREAS, a condition of the Release of Covenants For Temporary Off-Site
Drainage Facilities For Tract 4826, Phase II of Tentative Tract 4357 until such time that
permanent storm drainage facilities are available to serve said final map; and
WHEREAS, the Covenantor and the City of Fresno desire to enter into an
agreement providing for such temporary storm drainage facilities.
COVENANTS. CONDITIONS, AND RESTRICTIONS
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, desirability, and safety 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 shall run with the
subject property and shall be binding upon and inure to the benefit of each successive
owner of the Subject Property and his heirs, successors, and assigns during his
ownership thereof.
1. The Covenantor agrees that the Subject Property shall be used for
temporary storm drainage facilities purposes until the City of Fresno releases the Subject
Property from such use. The Covenantor agrees to construct and maintain said
temporary storm drainage facilities; and grants to the City of Fresno the right to enter
upon the Subject Property for purposes of inspection and to regulate the use of and
access to the Subject Property.
2. The temporary storm drainage facilities shall be constructed to conform to
the grading plans prepared at the Covenantor's expense and approved by the
Statement of Covenants
Temporary Storm Drainage Facilities
Tract No. 4951 Page 3
Development Department. The design of the temporary ponding basin, including fencing,
shall conform to Public Works standard specifications. The work shall be constructed
pursuant to a grading permit issued by the Development Department
3. The Public Works Director shall determine when such temporary storm
drainage facilities are no longer required. Within sixty (60) calendar days after the Public
Works Director notifies the Covenantor that such temporary storm drainage facilities are
no longer necessary, Covenantor agrees, in accordance with grading plans prepared at
the Covenantor's expense and approved by the Development Department, to obtain a
grading permit from the Development Department to abandon such temporary storm
drainage facilities. The abandonment of said temporary storm drainage facilities may
include, but is not limited to, demolition and disposal of certain structures, fencing,
backfilling, compaction and grading the Subject Property in accordance with said
approved grading plan. Compaction reports, provided at the Covenantor's expense, shall
be required for backfilled areas.
4. This Statement shall in no way be construed as a grant by the City of Fresno
of any rights to the Covenantor to trespass upon land rightfully in the possession of, or
owned by another, whether such land be privately or publicly owned.
5. The City of Fresno shall not be liable to the Covenantor or to any other
person, firm or corporation whatsoever, for any injury or damage that may result to any
person or property by or from any cause whatsoever in, on or about the Subject Property
of said land covered by this Statement, or any part thereof. The Covenantor hereby
releases and agrees to indemnify, defend and save the City of Fresno harmless from and
against any and all injuries to and deaths of persons, and all claims, demands, costs, loss
damage and liability, howsoever same may be caused, resulting directly or indirectly from
the performance of any or all work to be done in and upon the street rights-of-way and
said Subject Property and upon the premises adjacent thereto pursuant to this Statement,
and also from all injuries to and deaths of persons, and all claims, demands, costs, loss,
Statement of Covenants
Temporary Storm Drainage Facilities
Tract No. 4951 Page 4
damage and liability, howsoever same may be caused, either directly or indirectly made or
suffered by the Covenantor, the Covenantor's agents, employees and subcontractors,
while engaged in the performance of said work. The Covenantor further agrees that the
use for any purpose and by any person of any and all of the temporary storm drainage
facilities and improvements hereinbefore specified, shall be at the sole and exclusive risk
of the Covenantor at all times prior to the release by the City of Fresno of the temporary
storm drainage facilities and other improvements thereon and therein.
6. The conditions of this Statement are intended to benefit both the Subject
Property, the public and public properties. Accordingly, it is agreed 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 the Subject Property who
directly or who through any agent violate the terms hereof.
7. The foregoing conditions and obligations of this Statement shall remain in
full force and effect until such time as: (a) the work to abandon the temporary storm
drainage facilities under the grading permit issued by the Development Department is
completed, and (b) the Public Works Director issues a written release of such conditions
and obligations and records such release with the Fresno County Recorder.
8. 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 enforce ability of any other provision 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
Temporary Storm Drainage Facilities
Tract No. 4951 Page 5
DATE'. DZECEM CM2- r 9 7.,9CC)
CITY OF FRESNO, COVENANTOR
a Municipal Corporation Busick Properties
� r
By: By:
Mark I. Williamson, P.E., Director Leslie Busick
Public Works Department
APPROVED AS TO FORM:
HILDA CANT ONTY
City Atto y
By
Deputy
(Attach Notary Acknowledgment)
STATE OF NEVADA )
. ss .
COUNTY OF WASHOE )
On this 9iA^ day of December, 2000 , personally appeared
before me, a notary public, LESLIE BUSICK, personally known or
proved to me to be the person whose name is subscribed to the
above Statement of Covenants Affecting Land Development for
Temporary Storm Drainage Facilities, who acknowledged that he
executed the same.
NOTARY PUBLIC
EMILY ANN LADOUCEUR
Notary Public.State of Nevada
Appointment No.0062374.2
My Appt.Expires March 28,2004
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CLERICS CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On ;�O , 2000, before me, E LT
personally appeared Mark I. Williamson personally known to me (or provided to me on
the basis of satisfactory evidence) to be the person whose name is subscribed to the
within instrument and acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument the person, or the entity upon behalf
of the CITY OF FRESNO of which the person acted, executed the instrument.
WITNESS my hand and official seal.
REBECCA E. KLISCH
CITY CLERK
By
D U
Exhibit "A"
That portion of Lot 323, 324, 325 and 326 of J.C. Forkner Fig Gardens Subdivision No. 3
recorded in Volume 8 of Plats at Page 79, Fresno County Records, described as follows:
Commencing at the West Quarter Corner of Section 3, Township 13 South, Range 20
East, Mount Diablo Base and Meridian; thence N. 00°32'23"E. along the West line of
said Section 3, a distance of 112.92 feet; thence N. 18°08'29"E., a distance of 449.42
feet; thence N.89°40'50"E., a distance of 855.62 feet; thence N. 78'42'19"E., a distance
of 59.00 feet; thence S.00°35'59"W., a distance of 551.42 feet to a point on the South
line of the Northwest Quarter of said Section 3; thence S.89°43'52"W. along said South
line, a distance of 1,048.70 feet to the point of commencement.
Together with that portion of Lot 323, 322 and 321 of J.C. Forker Fig Gardens
Subdivision No. 3 recorded in Volume 8 of Plats at Page 79, Fresno County Records,
described as follows:
Commencing at a point on the South line of said Lot 323 that bears N.89°43'52"E., a
distance of 53.99 feet from the Southwest corner thereof; thence N.89°43'52"E., along
the South line of said Lots 323, 322 and 321, a distance of 867.59 feet to a point on
the centerline of West Corona Avenue as said centerline is shown on the map of Tract
No. 4356 recorded in Volume 54 of Plats at Pages 49 through 52, Fresno County
Records; thence N.00°16'08"W., along said centerline, a distance of 137.00 feet to the
beginning of a 390.00 foot radius tangent curve, concave to the West; thence Northerly
along said curve, through a central angle of 31°53'31", an arc distance of 217.08 feet;
thence N.45°40'46"W., a distance of 341.33 feet; thence leaving said centerline,
S.62°29'16"W., a distance of 108.59 feet; thence S.89°43'52"W., a distance of
361.01 feet; thence S.00°35'59"W., a distance of 13.12 feet; thence N.89°24'01"W., a
distance of 100.00 feet; thence S.00°35'59"W., a distance of 521.42 feet to the point of
commencement.
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Exhibit B
Page 1 of 2
That portion of Lot 327 of J.C. Forkner Fig Gardens Subdivision No. 3,recorded in Volume 8 of Plats at Page
79, Fresno County Records, described as follows:
Commencing at the West Quarter Corner of Section 3, Township 13 South, Range 19 East, Mount
Diablo Base and Meridian, thence N.00°32'23"E., a distance of 83.95 feet; thence N.89027'37"W., a
distance of 30.00 feet to a point on the East line of said Lot 327 and the True Point of Beginning; thence
N.89027'37"W., a distance of 145.20 feet; thence N.00032'23"E., a distance of 285.20 feet; thence
S.89027'37"E., a distance of 145.20 feet to a point on East line of said Lot 327; thence S.00°32'23"W.
along said East line, a distance of 285.20 feet to the True Point of Beginning.
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EXHIBIT B
PAGE 2 OF 2
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TRAGI NO. 4951 I I rJs%
PHASE III OF VESTING TENTATIVE
TRACT NO 4357
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PRO>LOT
CITY WEST QUARTER CORNER,
A
SECTION 3, 13/19
— I !;i 83.95'
N00'3223"E — --
NORTH HAYES AVENUE
N00'32'23"E 30.00' N89'2737'W
0
285.20' SOO"32
POINT OF BEGINNING
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285.2-0' N00.32'23,T
ICITY OF FRESNO
WATER WELL SITE
PS-161
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qlF OF CAIN SCAM: I"=100'
STORM DRAIN BASINI R A B E
I ENGINEERING, INC.
WEST SIERRA AVENUE & ' 2021 N. GATEWAY BLVD. FRESNO, CA 93727
(559) 252-7223 FAX (559) 252-4746
NORTH HAYES AVENUE BY S.K.S. MIT 10-23-00
FRESNO, CALIFORNIA FIELD BOOK PAGE JOB NO. 99-082
CCRLE.• \\99W\9"2basinsD(IBR.dwg
CONFORMED
COPY
CITY OF FRESNO
t21291200020000t'�9�49
DEVELOPMENT DEPARTMENT
2600 FRESNO STREET
FRESNO CA 93721-3604
ABOVE SPACE FOR RECORDER'iS USE
P.W. File No. 10254 Development Department
City of Fresno
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
(Final Tract Map No. 4951, Phase III Vesting Tentative Tract No. 4357 )
Right-to-Farm
RECITALS
A. Central Pacific Builders, 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 follows and by this reference made part of this Statement of Covenants:
Lots 1 through 58, inclusive, of Final Tract Map No. 4951, in the City of Fresno,
County of Fresno, State of California, according tq the map thereof recorded on
e0_. !1 2000 in Volume , of Plats at Pages
and , Fresno CountyRecords.
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 subdivision map which would
subdivide the subject property into a 58-lot single family residential development project, within
the site of Vesting Tentative Tract No. 4357).
Statement of Covenants Affecting Land Development
Right-to-Farm
Final Tract Map No. 4951
Page 2
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 a
Final Map of Tract No. 4951 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. That the declared policy of Fresno County is to preserve, protect, and
encourage development of its agricultural land and industries for the
production of food and other agricultural products and that the subject
property is near agricultural districts which are located in the County of
Fresno and that the residents of said property should be prepared to accept
Statement of Covenants Affecting Land Development
Right-to-Farm
Final Tract Map No. 4951
Page 3
the inconveniences and discomfort associated with normal farm activities.
Consistent with this policy, California Civil Code 3482.5 (right-to-farm law)
provides that an agricultural pursuit, as defined, maintained for commercial
uses shall not be or become a nuisance due to a changed condition in a
locality after such agricultural pursuit has been in operation for three years.
B. The single-family residential subdivision shall be developed in substantial
conformance with Vesting Tentative Tract No. 4357 dated November 2,
1994, and the R-1/UGM zone district.
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.
Statement of Covenants Affecting Land Development
Right-to-Farm
Final Tract Map No. 4951
Page 4
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.
Statement of Covenants Affecting Land Development
Right-to-Farm
Final Tract Map No. 4951
Page 5
DATED: �� bar �1 ZdoU
CITY OF FRESNO, COVENANTOR,
a Municipal Corporation Central Pacific Builders, Inc.,
A California Corporati
By: By:
fwxxk Yovino, Director Steve Lutton, President
Dev ment Department
By:
Rick Nisbett, Secretary
APPROVED AS TO FO
HILDA CANT ' ONTOY
City Attorne (Attach Notary Acknowledgment)
By
::;7�= "-�7
Deputy
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On
R)U-9,W }2�i_ ��2000 before me, L nl
personally appeared Nick P. Yovino , loll Q 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 of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
REBECCA E. KLISCH
CITY CLERK
By
EPUT
Fr4951 Statement of Covenants Right-to-Farm.wpd
l
STATE OF
COUNTY OF 410411-4)
On before me,
`-{,�,�,� ' - jy� ,„(N,am Title of Officer)
personally appeared `-+''W6 o ��"" UY " vv"�
personally known to me ( to be the person(s)
whose name(s) istaOiubscribe&Lo the within instrument and acknowledged tthat he/she
executed the same in his/he thorized capacitylies), and that by his/her gnature(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 seal.
IZNX—"j �" a. Jj'ww"O
ISignat re of tar ublic)
(This area for notarial seal)
KELLY G.SWERTFAGEit
Commlssior# 1183432
Notary Public-Caffa t b
Fresno Coumly
' MyCarnn6q�lesMoyll�Z '
R-CTVQ-v 7v;
CITY OF FRESNO
DEVELOPMENT DEPARTMENT
2600 FRESNO STREET 12/29/2000,200ee159750
��*603604
COPY
P.W. File No. 10254 Development Department
City of Fresno
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
FOR LANDSCAPE MAINTENANCE FOR TRACT NO. 4951
WHEREAS, Central Pacific Builders, Inc., A California Corporation, hereinafter referred
to as "the Covenantor," is the owner of the real property situated in the City of Fresno, County of
Fresno, State of California, hereinafter referred to as "the Subject Property" and more particularly
described as;
Lots 1 through 58, inclusive, of Final Tract Map No. 4951, in the City of Fresno, County of
Fresno, State of California, according to the map thereof recorded on 0
2000 in Volumeof Plats at Pages, and z� Fresno County Records.
—4 WHEREAS, 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; and
that all such instruments of Subordination, if any, are attached hereto and made a part of this
instrument; and
WHEREAS, Resolution No. 10664 of the Fresno City Planning Commission conditionally
approved Vesting Tentative Tract No. 4357JUGM 540; and,
Statement of Covenants Affecting band Development
for Landscape Maintenance
Tract No. 4951
Page 2
WHEREAS, Covenantor is required by the City as a condition of vesting tentative map
approval to install landscaping and an irrigation system in a 10-foot landscape easement along West
Sierra Avenue for the rear property lines of Lots 1, 2, and along the side property line for Lot 42.
WHEREAS, said condition of approval require that maintenance of the required landscape
easements of said lots of the vesting tentative map shall be the responsibility of the homeowners
association or the City's Community Facilities District No. 2 for the maintenance of the landscaping
as directed or required by Director of the Public Works Department; and
NOW THEREFORE, it is agreed:
1. In consideration of the foregoing and the approval of the final map of Tract No. 4951
by the City of Fresno, the Covenantor hereby covenants, promises and agrees with the City of
Fresno for the benefit of said City that:
1.1 Said landscaping and irrigation system will be designed and installed
according to a plan acceptable to the Director of the Parks, Recreation and Community
Services Department, and the Covenantor will request the City to annex said Tract
No. 4951 to the City's Community Facilities District No. 2 as approved by the City Council;
and
2. The Covenantor shall fully disclose this condition to every potential purchaser of any
part of said lots of the Subject Property.
3. The annual assessment represents the fair share of the cost for maintenance of the
landscape easements maintained by the City within Vesting Tentative Tract No. 4951/UGM 540.
The first annual assessment is estimated at $49.00 per lot. The first annual assessment is only an
estimate for the first year and the assessment may increase or decrease or decrease in future years.
Statement of Covenants Affecting Land Development
for Landscape Maintenance
Tract No. 4951
Page 3
4. It is the intention hereof that this document shall constitute a covenant in favor of the
City of Fresno and shall run with the land and be binding upon the undersigned, its grantees, heirs,
and successors and assigns.
5. This covenant shall be deemed released and of no further effect upon a written
determination by the Director of the Public Works Department of the City of Fresno.
6. 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 provision thereof. 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: c 6e✓ I I. EC700
CITY OF FRESNO,
a Municipal Corporation
COVENANTOR
By WVCentral Pacific Buil s, Inc.,
Mark I. Williamson, Director A Californi orpo tion
Public Works Department
By:
Steve utton, President
APPROVED AS TO FORM:
HILDA CA - ONTOY
City Atto ey By:
Rick isbett, Secretary
By
Depu y
(Attach Notary Acknowledgment)
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
On lQ ��e� 2 C 2000, before me, L - — c� personally
e P Q
appeared rsonally known to me
(or provided 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 of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
REBECCA E. KLISCH
CITY CLERK
By
DY
jb:JB
Fr4951Landscape Maintenance Covenant.wpd
(10/10/2000)
STATE OF
COUNTY OFru�7 w
On lnmm waga before me, �• `-"�
II�, (Nam Title of Officer)
personally appeared ���,,,,'y,,�
personally known to me ( to be the person(s)
whose name(s) is49[R?—'RUbscriib-e- o the within instrument and acknowledged to a that he/she
executed the same in his/her�thorized capacity(ies), and that by his/her,t i�gnature(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 seal.
— 1—el� a Limit� -
(Sign ture o o ry Public)
(This area for notarial seal)
KELLY G.SW ERTFAGER
_4-M; MyCXrnrn.BPh%May14,2M2F
Commission# l 1aE2
7
Notary Public-California
Fresno County
CONFORMED
COPY 000016916%
'Z���. 12/29/2000,2
CITY OF FRESNO
DEVELOPMENT DEPARTMENT
2600 FRESNO STREET
FRESNO 4A 93121-3604
RpY�SPAC�FORREGODR'SUSE ONX �
APN: 506-010-11& 13 CITY of FRESNO
Tract No. 4951 Development Department
Phase III of Vesting Tentative Map of Tract No.4357 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, Central Pacific Builders, 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 58, inclusive, of Tract No. 4951, in the City of Fresno, County of
Fresno, State of California, according to the ap thereof recorded on
U , 2000 in Volume , of Plats at Pages
Fresno ounty 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. 4357
(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
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
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
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
DATED: Decabu- lq_zoo
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
Central Pacific Builders, Inc
A California Corp ation
By:
is . Yovino, Director
De opment Department
By:
Steve Lutton, President
APPROVED AS TO FORM:
HILDA CANTONTOY By:
City Attorne Ric Nisbett, Secretary
By:
Deputy
(Covenantor: Attach Notary
Acknowledgements)
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 8
CITY CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNOTk
)
On ,2000 before me, RET—
personally appeared .
personally known to me (or proved to me on t e 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
J �
By:
DEPU
l
STATE OF
COUNTY OF NIR+41w
On ag aid before me, �• �^""-'' '
�(N-am Title of Officer)
personally appeared
personally known to me ( to be the person(s)
whose name(s) is abscribe o the within instrument and acknowledgedto a that he/she
executed the same in his/her hhmrF-41 ithorized capacity(ies), and that by his/heregnature(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 seal.
(Sign ure ofota Public)
(This area for notarial seal)
AL Ab
ffi-
KELLY G.SW ERTFAGER
Commission# 1163432
y Notary Public-CaMomia
*� Fresno County
MyComm l3pies May 14,2M2
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)
57 - 1 inch Meters @ $ 320.00/Meter = $ 18,240.00
1 - 1.5 inch Meters @ $ 470.00/Meter = $ 470.00
C. UGM Transmission Grid Main (TGM) Charge
UGM Reimbursement Area: A
12.3377 Gross Acres @ $ 560 /GA = $ 6,909.11
Less TGM Credit = $ 0.00
Estimated Net Deferred UGM TGM Charge = $ 6,909.11
D. Transmission Grid Main Bond Debt Service Charge
For Parcels 5 Gross Acres and Above
12.3377 Gross Acres @ $243.00 /ac. = $ 2,998.06
Less TGM Bond Debt Service Credit = $ 0.00
Estimated Net Deferred TGM Bond Debt Service Charge = $
** Subject to Vesting Tentative Map date, fee may not be applicable until
2-years after date of Final Map recordation; when applicable, fee is due at
Building Permit for all un-developed lots at the fee rate then in effect.
E. Frontage Fee
1,050 Lineal Feet @ $ 3.25/LF = $ 3,412.50
Estimated Deferred Frontage Fee = $ 3,412.50
F. 1994 Bond Debt Service Fee
1994 Bond Debt Service Area.
Units @ $ /Unit = $ N/A
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: 18
105,000 Square Feet @ $0.05/Sq Ft. _ $ 5,250.00
Less Oversize Credit = $ 0.00
Estimated Net Deferred UGM Oversize Charge = $ 5,250.00
B. Lateral Sewer Charge
30,128 Lineal Feet @ $0.10/LF = $ 3,012.80
C. Housebranch Sewer Charge = $ N/A
A 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. Wastewater Facilities Sewer Charge
III. URBAN GROWTH MANAGEMENT FEES
A. UGM Fire Station Fee
Service Area: 14
12.3377 Gross Acres @ $ 547.00/GA = $ 6,748.72
B. UGM Neighborhood Park Fee
Service Area: 5
12.3377 Gross Acres @ $ 1,695.00 GA = $ 20,912.40
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
12.1636 Net Adj Acres @ $ 1,930.00/NAA = $ 23,475.75
E. UGM Major Street Bridge Charge
Service Area: C/D-2
12.1636 Net Adj Acres @ $ 65.00/NAA = $ 790.63
F. UGM Traffic Signal Charge
12.1636 Net Adjusted Acres @ $ 860/NAA = $ 10,460.70
G. UGM Grade Separation Charge
Service Area:
Net Adjusted Acres @ $ /NAA = $ N/A
H. UGM At-Grade Railroad Crossing Charge
Service Area: C/D-1
12.1636 Net Adjusted Acres @ $ 262.00/NAA = $ 3,186.86
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.4951 November 13,2000
EXHIBIT 13"-- PRORATED FEE 013LIGATION5
T-4951 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT
Water Water Water Sewer Sewer Fire Neighborhood
Lot Lot Meter Frontage TGM Lateral Oversize Station Nark
No. Area Amount Amount Amount Amount Amount Amount Amount
Due Due Due Due Due Due Due
1 7.598 $320.00 $68.22 $138.10 $60.23 $104.95 $134.89 $417.99
2 6594 $320.00 $56.95 $115.30 $50.28 $87.62 $112.63 $349.00
3 6398 $320.00 $55.26 $111.89 $48.79 $85.02 $109.29 $338.66
4 6396 $320.00 $55.24 $111.83 $48.77 $84.99 $109.24 $338.49
5 6394 $320.00 $55.23 $111.83 $48.76 $84.96 $109.24 $338.49
6 6392 $320.00 $55.21 $111.78 $48.74 $84.94 $109.18 $338.32
7 6390 $320.00 $55.19 $111.72 $48.73 $84.91 $109.13 $338.15
8 6388 $320.00 $55.17 $111.72 $48.71 $84.88 $109.13 $338.15
9 6386 $320.00 $55.16 $111.66 $48.70 $84.86 $109.07 $337.98
10 6384 $320.00 $55.14 $111.66 $48.68 $84.83 $109.07 $337.98
11 6382 $320.00 $55.12 $111.61 $48.67 $84.80 $109.02 $337.81
12 6380 $320.00 $55.10 $111.55 $48.65 $84.78 $108.96 $337.64
13 6378 $320.00 $55.09 $111.55 $48.64 $84.75 $108.96 $337.64
14 6990 $320.00 $60.37 $122.25 $53.30 $92.88 $119.41 $370.02
15 6593 $320.00 $56.94 $115.30 $50.27 $87.61 $112.63 $349.00
16 6420 $320.00 $55.45 $112.28 $48.96 $85.31 $109.67 $339.85
17 6420 $320.00 $55.45 $112.28 $48.96 $85.31 $109.67 $339.85
18 6420 $320.00 $55.45 $112.28 $48.96 $85.31 $109.67 $339.85
19 7042 $320.00 $60.82 $123.14 $53.70 $93.57 $120.29 $372.73
20 6876 $320.00 $59.39 $120.23 $52.43 $91.37 $117.44 $363.92
21 7215 $320.00 $62.32 $126.17 $55.02 $95.87 $123.24 $381.88
22 12918 $470.00 $111.57 $225.90 $98.51 $171.65 $220.66 $683.76
23 9915 $320.00 $85.64 $173.38 $75.61 $131.75 $169.35 $524.77
24 8351 $320.00 $72.13 $146.05 $63.68 $110.97 $142.66 $442.06
25 6019 $320.00 $51.99 $105.28 $45.90 $79.98 $102.84 $318.66
26 6400 $320.00 $55.28 $111.94 $48.80 $85.04 $109.35 $338.83
27 6420 $320.00 $55.45 $112.28 $48.96 $85.31 $109.67 $339.85
28 7149 $320.00 $61.75 $124.99 $54.51 $95.00 $122.09 $378.32
29 6935 $320.00 $59.90 $121.30 $52.88 $92.15 $118.48 $367.14
30 6420 $320.00 $55.45 $112.28 $48.96 $85.31 $109.67 $339.85
31 6420 $320.00 $55.45 $112.28 $48.96 $85.31 $109.67 $339.85
32 6420 $320.00 $55.45 $112.28 $48.96 $85.31 $109.67 .$339.85
33 6420 $320.00 $55.45 $112.28 $48.96 $85.31 $109.67 $339.85
34 6168 $320.00 $53.27 $107.86 $47.03 $81.96 $105.35 $326.46
35 6594 $320.00 $56.95 $115.30 $50.28 $87.62 $112.63 $349.00
36 103507 $,320.00 $89.39 $180.99 $78.92 $137.53 $176.79 $547.82
37 6427 $320.00 $55.51 $112.39 $49.01 $85.40 $109.78 $340.19
38 6304 $320.00 $54.45 $110.26 $48.07 $83.77 $107.70 $333.75
document:\off\print\p4951 13-Nov-00
EXHINT'B" -- PRORATED FEE 013LIGATION5
Major Major Traffic At-Grade
Lot Street Bridge Signal RR - Xing
No. Amount Amount Amount Amount
Due Due Due Due
1 $469.38 $15.81 $209.15 $63.72
2 $391.79 $13.20 $174.58 $53.19
3 $380.21 $12.80 $169.42 $51.61
4 $380.02 $12.80 $169.33 $51.59
5 $379.82 $12.79 $169.25 $51.56
6 $379.82 $12.79 $169.25 $51.56
7 $379.63 $12.79 $169.16 $51.54
8 $379.63 $12.79 $169.16 $51.54
9 $379.44 $12.78 $169.08 $51.51
10 $379.25 $12.77 $168.99 $51.48
11 $379.25 $12.77 $168.99 $51.48
12 $379.05 $12.77 $168.90 $51.46
13 $379.05 $12.77 $168.90 $51.46
14 $415.34 $13.99 $185.07 $56.38
15 $391.79 $13.20 $174.58 $53.19
16 $381.37 $12.84 $169.94 $51.77
17 $381.37 $12.84 $169.94 $51.77
18 $381.37 $12.84 $169.94 $51.77
19 $418.42 $14.09 1186.45 $56.80
20 $408.58 $13.76 $182.06 $55.47
21 $428.65 $14.44 $191.01 $58.19
22 $767.56 $25.85 $342.02 $104.20
23 $589.04 $19.84 $262.47 $79.96
24 $496.20 $16.71 $221.11 $67.36
25 $357.63 $12.04 $159.36 $48.55
26 $380.21 $12.80 $169.42 $51.61
27 $381.37 $12.84 $169.94 $51.77
28 $424.79 $14.31 $189.29 $57.67
29 $412.06 $13.88 $183.61 $55.94
30 $381.37 $12.84 $169.94 $51.77
31 $381.37 $12.84 $169.94 $51.77
32 $381.37 $12.84 $169.94 $51.77
33 $381.37 $12.84 $169.94 $51.77
34 $366.51 $12.34 $163.31 $49.75
35 $391.79 $13.20 $174.58 $53.19
36 $614.90 $20.71 $274.00 $83.47
37 $381.95 $12.86 $170.19 $51.85
38 $374.61 $12.62 $166.93 $50.85
document:\q\print\p4951 13-Nov-00
EXHIBIT 15" -- PRORATED FEE OBLIGATION5
T-4951 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT
Water Water Water Sewer Sewer Fire Neighborhood
Lot Lot Meter Frontage TGM Lateral Oversize Station Park
No. Area Amount Amount Amount Amount Amount Amount Amount
Due Due Due Due Due Due Due
39 6250 $320.00 $53.98 $109.31 $47.66 $83.05 $106.77 $330.86
40 6193 $320.00 $53.49 $108.30 $47.22 $82.29 $105.79 $327.81
41 5761 $320.00 $49.76 $100.74 $43.93 $76.55 $98.41 $304.93
42 7067 $320.00 $61.04 $123.59 $53.89 $93.91 $120.72 $374.09
43 7115 $320.00 $61.45 $124.43 $54.26 $94.54 $121.54 $376.63
44 6420 $320.00 $55.45 $112.28 $48.96 $85.31 $109.67 $339.85
45 6420 $320.00 $55.45 $112.28 $48.96 $85.31 $109.67 $339.85
46 6420 $320.00 $55.45 $112.28 $48.96 $85.31 $109.67 $339.85
47 6420 $320.00 $55.45 $112.28 $48.96 $85.31 $109.67 $339.85
48 6420 $320.00 $55.45 $112.28 $48.96 $85.31 $109.67 $339.85
49 6420 $320.00 $55.45 $112.28 $48.96 $85.31 $109.67 $339.85
50 7095 $320.00 $61.28 $124.10 $54.10 $94.28 $121.22 $375.61
51 7095 $320.00 $61.28 $124.10 $54.10 $94.28 $121.22 $375.61
52 6420 $320.00 $55.45 $112.28 $48.96 $85.31 $109.67 $339.85
53 6420 $320.00 $55.45 $112.28 $48.96 $85.31 $109.67 $339.85
54 6420 $320.00 $55.45 $112.28 $48.96 $85.31 $109.67 $339.85
55 6420 $320.00 $55.45 $112.28 $48.96 $85.31 $109.67 $339.85
56 6420 $320.00 $55.45 $112.28 $48.96 $85.31 $109.67 $339.85
57 6420 $320.00 $55.45 $112.28 $48.96 $85.31 $109.67 $339.85
58 7115 $320.00 $61.45 $124.43 $54.26 $94.54 $121.54 $376.63
document:\q\print\p4951 13-Nov-00
EXHIBIT 15" -- PRORATED FEE OBLIGATIONS
Major Major Traffic At-Grade
Lot Street Bridge Signal RR - Xing
No. Amount Amount Amount Amount
Due Due Due Due
39 $371.33 $12.51 $165.46 $50.41
40 $368.05 $12.40 $164.00 $49.96
41 $342.38 $11.53 $152.56 $46.48
42 $419.97 $14.14 $187.14 $57.01
43 $422.67 $14.23 $188.34 $57.38
44 $381.37 $12.84 $169.94 $51.77
45 $381.37 $12.84 $169.94 $51.77
46 $381.37 $12.84 $169.94 $51.77
47 $381.37 $12.84 $169.94 $51.77
48 $381.37 $12.84 $169.94 $51.77
49 $381.37 $12.84 $169.94 $51.77
50 $421.51 $14.20 $187.82 $57.22
51 $421.51 $14.20 $187,82 $57.22
52 $381.37 $12.84 $169.94 $51.77
53 $381.37 $12.84 $169.94 $51.77
54 $381.37 $12.84 $169.94 $51.77
55 $381.37 $12.84 $169.94 $51.77
56 $381.37 $12.84 $169.94 $51.77
57 $381.37 $12.84 $169.94 $51.77
58 $422.67 $14.23 $188.34 $57.38
document:\q\print\p4951 13-Nov-00