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HomeMy WebLinkAboutT-4960 - Agreement/Covenant - 8/14/2006 PLEASE CONFORM 05/02/2001,20010059929 t�f^!'• �iT� OF 7 t;;::711 2'500 FRES,i3O �a 93721-'i604 ABOVE SPACE FOR41RECORDER'S USE P.W. File No. 10262 Development Department City of Fresno STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT TO PLANT AND MAINTAIN FRONT YARD TREES FOR TRACT NO. 4960 (Phase II of Vesting Tentative Map of Tract No. 4866) RECITALS A. WHEREAS, TREND HOMES, INC., 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: Lots 1 through 79 inclusive of Tract No. 4960 according to the map thereof recorded in Volume of Pages and Fresno County Records, Fresno County. B. The Covenantor hereby warrants that any and all parties having record title interest in the Subject Property which may ripen into a fee have subordinated to this instrument. C. All such instruments of Subordination, if any, are attached hereto and made a part of this instrument. D. The Covenantor has applied to the City of Fresno for a final subdivision map which would subdivide the subject property into a 79-lot single-family residential subdivision project. J STATEMENTS OF COVENANTS Plant and Maintain Front Yard Trees Tract No. 4960, Phase II of Tentative Tract No. 4866/UGM 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 Final Tract Map No. 4960, which is to be improved with public streets having a right-of- way width of 50-feet, for the Subject Property as referred to hereinabove, the Covenantor hereby covenants that the Subject Property shall be held, conveyed, encumbered, used, occupied, developed, maintained, and improved subject to the following covenants, conditions, and restrictions, which are for the purpose of enhancing attractiveness, usefulness, value, and desirability of the Subject Property, the surrounding property, and the public at large and to minimize possible adverse effects on the public health, safety, peace, and general welfare. Each of the covenants, conditions, and restrictions contained in this Statement will run with the Subject Property and shall be binding on each successive owner of the Subject Property and his heirs, administrators, successors, and assigns. 1. Covenantor hereby covenants as follows: A. The Covenantor shall plant the front yard area of each lot with a minimum of 2 medium size trees with the provision that each medium size tree may be substituted with two (2) small trees. B. The Covenantor shall maintain in good health the a minimum of 2 medium size trees or small trees which ever may be the case. C. The single-family residential subdivision shall be developed in substantial conformance with Vesting Tentative Tract No. 4866 dated , November 16, 1999. 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 STATEMENTS OF COVENANTS Plant and Maintain Front Yard Trees Tract No. 4960, Phase II of Tentative Tract No. 4866/UGM Page 3 Statement by any legal or equitable means against the Covenantor and such person or persons in actual possession of Subject Property who directly or who through any agent violate the terms hereof. All obligations of the Covenantor under this Statement shall inure solely to the benefit of the City of Fresno. There are no third party beneficiaries of such obligations nor shall the right of the City of Fresno be transferable in any manner to any person other than to a successor municipal corporation whose geographic boundaries include the Subject Property. 3. The foregoing conditions shall remain in full force and effect until such time as the City of Fresno, pursuant to the district amendment procedure of the Fresno Municipal Code, finds the enforcement of such condition is no longer equitable. 4. The provisions of this Statement shall be deemed independent and severable and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision hereof. Whenever the context so requires, any gender includes the other genders, the singular includes the plural, and the plural includes the singular. r DATED: IPr�1 24 zocl CITY OF FRESNO, COVENANTOR a Municipal Corporation TREND HOMES, INC. By: -- a California Corporation i P. Yovino, Director De lopment Department APPROVED AS TO FORM: By: Ii�`` t/ Robert A. McCaffrey(-**" President Hilda Cantu Montoy City Attorney 4(By- By: D uty Uavid Ciabattari, Chief Operating Officer rcUJ: clfil documents/COVT4 6 (Attach Notary Acknowledgment) CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On April 27 , 2001 before me, Elvia Sommerville personally appeared Nick P. Yovino, Director Development Department personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument(s) the person(s), or the entity upon behalf of the CITY OF FRESNO which the person(s) acted, executed the instrument. WITNESS my hand and official seal. REBECCA E. KLISCH CITY CLERK a By DEPUTY STATE OF CALIFORNIA ) SS. COUNTY OF FRESNO ) On April 6. 2001, before me, the undersigned, a Notary Public for the State of California, personally appeared, Robert A. McCaffrey and David Ciabattari, personally known to me(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signatures on the instrument the person(s)or the entity on behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public ' L.S. My Commission Expires: August 16, 2003 VICKI K WISHER 19 Commission#1719449 Z Notary Public-Callfornia Fresno County W Comm.Beres Au916,2003 Tract No. 4902/UGM P.W. No. 10206 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on February 9, 2001, in the office of the Fresno County Recorder, Document No. 20010016632 of which the Deed of Trust in by and between Trend Homes, Inc., a California Corporation, as Trustor, American Securities Company, a California Corporation, as Trustee and Wells Fargo Bank, a National Association, Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development to Plant and Maintain Front Yard Trees for Tract No, 4960, Phase II of Vesting Tentative Map Tract No. 4866/UGM. DATED: CPO BENEFICIARY WELLS FARGO BANK A National Association By: �� �.Yn� Vie X-1 'C/Pn E (Attach Notary Acknowledgement) STATE OF CALIFORNIA COUNTY OF Contra Costa ss. On this_5th day of April ,2001, before me, Tisha A. Roth a Notary Public in and for the State of California,personally appeared Kathleen Slote,SVP&Kristin P.Miller VP personally known to me(or proved on the basis of satisfactory evidence)to be the perso (s hose nam s subs to the within instrument and acknowledged to me that-lie a the executed the same inZ� ei 'authaized capaci 1 and that b 'e► ignatur (s n the instrument the perso s) or the entity upon behalf of which the pets executed the instrument. WITNESS my hand'ja/n�d�officiaall seal r Signature ��� ��i L'� (,'l f�-1, T11HA A,R01" Commission#1�062?3 Z t4otcry KOC-CdHotnia Contra costo c«m+y My commission expires December 27,'2002 NyC.onvm8 =Dec27,= CIN OF FRESNO DEVELOPMENT DEPARTMENT 2640 FRE NO STREET FRESNO CA 93721-3604 'ZOO,,Z0°0059930 0502 PLEASE CO;N:FORM ABOVE SPACE FOR RECORDER'S USE P.W. File No. 10262 Development Department City of Fresno STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR LANDSCAPE MAINTENANCE FOR TRACT NO. 4960 (Phase II of Vesting Tentative Map of Tract No. 4866) WHEREAS, TREND HOMES, 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 79, inclusive of Tract No. 4960 according to the map thereof recorded in Volume of Plats at Pages and A .�—, Fresno County Records, Fresno County. 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 rG Statement of Covenants Landscape Maintenance Tract No. 4960 Phase II of Vesting Tentative Map of Tract No. 4866/UGM Page 2 WHEREAS, Resolution No. 11191 of the Fresno City Planning Commission conditionally approved Vesting Tentative Map of Tract No. 4866; and, WHEREAS, Covenantor is required by the City as a condition of vesting tentative map approval to install landscaping and an irrigation system for Lots 1, 15 and 57 inclusive, in a 10-foot landscape easement along the side and rear property lines of said lots which side-onto and back-onto the West Escalon Avenue and install landscaping and an irrigation system for Lots 15, 16, 19 through 22 inclusive, in a 10-foot landscape easement along the side and rear property lines of said lots which side-onto and back-onto the North Cecelia Avenue and install landscaping and an irrigation system for Lot 79 inclusive, in a 10-foot landscape easement along the side property line of said lot which side-onto the North Jeanne Avenue frontages of the said Subject Property; and WHEREASS�,.3aid:corsditions ,_-. prMt 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. 4960 by the City of Fresno, the Covenantor hereby covenants, promises and agrees Statement of Covenants Landscape Maintenance Tract No. 4960 Phase II of Vesting Tentative Map of Tract No. 4866/UGM Page 3 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.4960 to the City's Community Facilities District No. 2 as approved by the City Council on January 9, 2001; 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 Map of Tract No. 48661UGM. The first annual assessment is estimated at $ 81 .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. 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 K' Statement of Covenants Landscape Maintenance Tract No. 4960 Phase II of Vesting Tentative Map of Tract No. 4866/UGM Page 4 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: 24 CITY OF FRESNO, COVENANTOR a Municipal Corporation TREND HOMES, INC. A California Corporation By Mark I. Williamson, P. E., Director Public Works Department By: lG Robert A. McCaffrey, President APPROVED AS TO FORM: HILDA CANTIJ- NTOY City Attorn oe- By: By David Ciabattari, Chief OlAerating Officer eputy (Attach Notary Acknowledgment) CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) On April 27 , 2001, before me, Elvia Sommerville personally appeared Mark I. Williamson, Director Public Works Department personally 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`` �It cLJ o DEPUTY Ir FT4902CFD2.DOC (0711112000) STATE OF CALIFORNIA ) SS. COUNTY OF FRESNO ) On April 6. 2001,before me,the undersigned,a Notary Public for the State of California, personally appeared, Robert A. McCaffrey and David Ciabattari, personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signatures on the instrument the person(s)or the entity on behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public L.S. My Commission Expires: August 16. 2003 VICKI K.WASHER Commission#1229444 Notary PUb(tc-CoOMMia fresno County My Comm.Eames Aug 16,M03 Tract No. 4902/UGM P.W. No. 10206 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on February 9, 2001, in the office of the Fresno County Recorder, Document No. 20010016632 of which the Deed of Trust in by and between Trend Homes, Inc., a California Corporation, as Trustor, American Securities Company, a California Corporation, as Trustee and Wells Fargo Bank, a National Association, Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development for Landscape Maintenance for Tract No. 4960, Phase II of Vesting Tentative Map Tract No. 4866/UGM. DATED: b BENEFICIARY WELLS FARGO BANK A National ssociation �rV� (Attach Notary Acknowledgement) STATE OF CALIFORNIA COUNTY OF Contra Costa ss. On this_5th day of April ,2001, before me, Tisha A. Roth a Notary Public in and for the State of California,personally appeared Kathleen Slote,SVP&Kristin P.Miller,VP personally known to me(or proved on the basis of satisfactory a dence)to be the perso (s whos n s ubscn to the within instrume and acknowledged to me that hey xecuted the same in hisp�er ei uthanzed capaci r , and that by Uisl4aex eir ignatur s,on the instrument the perso r the entity upon behalf of which the persoes acted, executed the instrument. WITNESS my hand and official seal MM&R01H Signature Commwon*12062?3 Notary Rrbltc-cantarrk Contra C=ta county MyCor rmBowoxv.10 My commission expires December 27, 2002 - fee eA)TO' ; Cllr Of fRUNO DEVELOPMENT DEPARTMENT 2500 FRESNO STREET FRESNO CA 93121-3004 vs 1 02�2001+20�100g993, PLEASE CONFORM ABOVE SPACE FOR RECORDER'S USE'ONLY APN: 506-300-12,-16 CITY of FRESNO Tract No. 4960 Development Department Phase II of Vesting Tentative Map of Tract No.4866 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 t1u-ough 79, inclusive, of Tract No. 4960, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded on 2001 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 C� 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 Statement of Covenants Deferring Fees and Creation of Lien 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 tees. Statement of Covenants , Deferring Fees and Creation of Lien Page 7 DATED: CITY OF FRESNO, COVENANTOR a Municipal Corporation Trend Homes, Inc. a California Corporation By. Ivk P. Yovino, Director elopment Department By: Robert A. McCaffre , P esident APPROVED AS TO F RM: HILDA CAN MONTOY City Atto By: /�Y'_ David Ciabattari, Chi Operating Officer By: Deputy (Covenantor: Attach Notary Acknowledgments) SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on November 30, 2000, in the office of the Fresno County Recorder in Document No. 20000146237 of which the Deed of Trust in by and between Trend Homes, Inc., a California Corporation, as Trustor, American Securities Company, a California Corporation , as Trustee, and Wells Fargo Bank, National Association, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants for Certain Sewer Connection Charges, Water Connection Charges, Urban Growth Management Fees and Development Fees and Creation of Lien for Final Tract Map No. 4960. DATED: L5 , 2001 B6NEF a9-Y Wells10 BOLWk a t4AA Ovlj A"+S�t�k 77Ise (Attach Notary Acknowledgment) STATE OF CALIFORNIA ) SS. COUNTY OF FRESNO ) On April 6. 2001,before me,the undersigned,a Notary Public for the State of California, personally appeared, Robert A. McCaffrey and David Ciabattari, personally known to me(or proved to we on the basis of satisfactory evidence)to be the person(s) whose name(s) are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies),and that by his/her/their signatures on the instrument the person(s)or the entity on behalf of which the person(s) acted,executed the instrument: WITNESS my hand and official seal. Notary Public ' L.S. My Commissio Expires: August 16.2003 VICKI K.WASHER Commission#1229449 M*ry Public-Cook9r is Fm mo County MyCOMM-aphMA49 16,231 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 III. URBAN GROWTH MANAGEMENT FEES A. UGM Fire Station Fee Service Area: 14 19.2528 Gross Acres @ $ 282.00/GA = $ 5,429.29 B. UGM Neighborhood Park Fee Service Area: 5 19.2528 Gross Acres @ $ 1.695.00/GA =$ 32,633.50 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 17.5732 Net Adj Acres @ $1,930.00/NAA = $ 33,916.28 Less Oversize Credit = $ 35,003.00 Estimated Net Deferred UGM Oversize Charge = $Paid w/Credits E. UGM Major Street Bridge Charge Service Area: C/D-2 17.5732 Net Adj Acres @ $ 65.00/NAA = $ 1,142.26 Less Oversize Credit = $ 4,410.00 Estimated Net Deferred UGM Oversize Charge = $ Paid w/Credits F. UGM Traffic Signal Charge 17.5732 Net Adjusted Acres @ $ 860 /NAA = $ 15,112.95 Less Oversize Credit = $ 6,000.00 Estimated Net Deferred UGM Oversize Charge = $ 9,112.95 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 17.5732 Net Adjusted Acres (u� $ 262.00/NAA = $ 4,604.18 EXHIBIT"13" -- PRORATED FEE OBLIGATIONS T-4960 5ewer, Water & UGM Fees DUE-DEFERRED BY COVENANT Water TGM Bond 5ewer Fire Neighborhood Traffic Lot Lot Meter Debt Oversize Station f ark 5ignal No. Area Amount Amount Amount Amount Amount Amount Due Due Due Due Due Due 1 7820 $320.00 $62.25 $19.85 $72.20 $454.09 $121.24 2 6000 $320.00 $47.75 $15.23 $55.41 $333.07 $93.04 3 6014 $320.00 $47.87 $15.27 $55.52 $333.92 $93.24 4 6660 $320.00 $53.02 $16.91 $61.54 $369.85 $103.24 5 6952 $320.00 $55.33 $17.65 $64.22 $385.95 $107.74 6 6000 $320.00 $47.75 $15.23 $55.41 $333.07 $93.04 7 6000 $320.00 $47.75 $15.23 $55.41 $333.07 $93.04 8 6000 $320.00 $47.75 $15.23 $55.41 $333.07 $93.04 9 6000 $320.00 $47.75 $15.23 $55.41 $333.07 $93.04 10 6000 $320.00 $47.75 $15.23 $55.41 $333.07 $93.04 11 6000 $320.00 $47.75 $15.23 $55.41 $333.07 $93.04 12 6000 $320.00 $47.75 $15.23 $55.41 $333.07 $93.04 13 6000 $320.00 $47.75 $15.23 $55.41 $333.07 $93.04 14 6422 $320.00 $51.13 $16.30 $59.29 $356.63 $99.56 15 10483 $320.00 $83.45 $26.61 $96.82 $582.06 $162.51 16 9879 $320.00 $78.63 $25.08 $91.24 $548.50 $153.20 17 6282 $320.00 $50.01 $15.95 $58.04 $348.83 $97.38 18 9357 $320.00 $74.48 $23.75 $86.43 $519.52 $145.11 19 12046 $320.00 $95.89 $30.58 $111.26 $668.85 $186.72 20 7089 $320.00 $56.42 $17.99 $65.48 $393.58 $109.87 21 7030 $320.00 $55.96 $17.84 $64.93 $390.36 $109.01 22 8946 $320.00 $71.20 $22.71 $82.65 $496.64 $138.73 23 7535 $320.00 $59.97 $19.13 $69.58 $418.33 $116.84 24 6257 $320.00 $49.79 $15.88 $57.82 $347.31 $97.03 25 6845 $320.00 $54.48 $17.38 $63.23 $380.02 $106.08 26 6747 $320.00 $53.70 $17.13 $62.30 $374.60 $104.59 27 6159 $320.00 $49.01 $15.63 $56.89 $341.88 $95.46 28 7425 $320.00 $59.10 $18.85 $68.59 $412.22 $115.13 29 7420 $320.00 $59.05 $18.83 $68.54 $411.89 $115.00 30 6159 $320.00 $49.01 $15.63 $56.89 $341.88 $95.46 31 6747 $320.00 $53.70 $17.13 $62.30 $374.60 $104.59 32 6747 $320.00 $53.70 $17.13 $62.30 $374.60 $104.59 33 6159 $320.00 $49.01 $15.63 $56.89 $341.88 $95.46 34 74-17 $320.00 $59.02 $18.83 $68.48 $411.72 $115.04 35 7412 $320.00 $59.00 $18.81 $68.48 $411.55 $114.91 3(0- 6191 $320.00 $49.28 $15.72 $57.16 $343.75 $95.99 37 6837 $320.00 $54.41 $17.35 $63.12 $379.51 $105.99 38 6492 $320.00 $51.66 $16.48 $59.95 $360.36 $100.66 document,: Acj\print\r),l 9(')0 02 Apr-01 • EXHIBIT"B"-- PRORATED FEE 015LIGATION5 T-4960 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT Water TGM Bond Sewer Fire Neighborhood Traffic Lot Lot Meter Debt Oversize Station Park Signal No. Area Amount Amount Amount Amount Amount Amount Due Due Due Due Due Due 77 6000 $320.00 $47.75 $15.23 $55.41 $333.07 $93.04 78 6000 $320.00 $47.75 $15.23 $55.41 $333.07 $93.04 79 12157 $320.00 $96.76 $30.86 $112.30 $674.95 $188.51 document:\q\print\p4960 02-Apr-01 EXHIBIT"13" - PRORATED FEE OBLIGATIONS At-Grade Lot RR-Xing No. Amount Due 39 $50.93 40 $55.39 41 $74.75 42 $62.04 43 $103.23 44 $82.84 45 $114.15 46 $68.75 47 $52.85 48 $47.24 49 $47.00 50 $47.00 51 $47.00 52 $47.00 53 $47.00 54 $47.00 55 $47.00 56 $47.00 57 $58.27 58 $50.30 59 $47.61 60 $54.05 61 $70.01 62 $110.04 63 $82.35 64 $100.82 65 $70.50 66 $80.83 67 $67.88 68 $62.51 69 $47.00 70 $47.00 71 $47.00 72 $47.00 73 $47.00 74 $47.00 75 $47.00 76 $47.00 document.: 02 A[x-Ol ••• • K�I.VKU1Nli Kl'ruU�D1C,U C]C City of Fresno P.F-A5e CONFORM Development Department Development Services Division WHEN RECORDED MAIL TO: 01/31/2M.296MI1514 CITY OF FRESNO DEVELOPMENT DEPARTMENT 2600 FRESNO STREET FRESNO CA 93721-3604 Space Above This Line for Recorder's Use APN 506-120-01s and 506-300-02s Entitlement No. Tract No. 4866 DEED OF AVIGATION AND HAZARD EASEMENT Sierra Sky Park Airport Trend Hnmes, Tnc. , a California Corporation hereinafter called "Grantor" , without regard for number, being the ownertof the real property (hereinafter called "Grantor' s property") situated in the County of Fresno, State of California, as described on the attached Exhibit "A" ; Hereby grants to the City of Fresno, a Municipal Corporation, hereinafter called "Grantee" , an assignable easement and right-of-way, for the use and benefit of the public, for the free and unobstructed passage of aircraft in, through and across all the +uair-� -space above. Grantor's real property, horizontal plane 100 feet above the primary surface elevation pursuant to Part 77 of the Federal Aviation Regulations (said primary surface elevation for the Sierra Sky Park Airport is established as 921.00 feet, USC & GS Datum) ; TOGETHER with the continuing right to cause or allow in all the air space above the surface of Grantor' s property such noise, vibrations, fumes, dust, fuel particles, and other effects as may be caused by or result from the operation of aircraft; and Grantor, for Grantor and the successors in interest and assigns of Grantor, does hereby fully waive and release any right or cause of action which they or any of them now have or may have in the future against Grantee, its successors and assigns, on account of or arising out of such noise, vibrations, fumes, dust, fuel particles, and other effects heretofore and hereafter caused by the operation of aircraft in said air space; ALSO TOGETHER with the continuing right in the Grantee, its successors and assigns, to clear and keep clear Grantor 's property of any and all obstructions which encroach upon or extend into the hereinbefore-described easement and right-of-way, and for such purpose to enter upon the surface of Grantor ' s property and cut and remove underbrush and soil and demolish, cut, lower or remove buildings or any structures, or any bushes, trees or other vegetation which are located on or extend into or over so much of the Grantor ' s property as lies below the easement and right-of-way herein granted, and together with the right of ingress to, egress from, and passage over Grantor ' s property for the purpose of effecting and maintaining such clearance as aforesaid: RESERVING unto the Grantor, its successors in interest and assigns, the right to use and occupy Grantor ' s property for all purposes which do not interfere with or abridge the rights hereby granted. The term "aircraft" is defined for the purpose of this deed as any contrivance now known or hereafter invented, designed, or used for navigation or flight in air or space. Grantor, for Grantor and the successors in interest and assigns of Grantor, covenants and agrees that neither they nor any of them will erect, or permit the erection of, any structure or object, or permit the growth of any tree or other vegetation, or allow any structure, object, tree, or other vegetation to remain, on the Grantor ' s property which encroaches upon or extends into said easement and right-of-way, and that neither they nor any of them will hereafter use, or permit or suffer the use of, Grantor ' s property in such manner as to create electrical interference with radio communication to or from any aircraft, or as to make it difficult for aircraft pilots to distinguish between airport lights and other lights, or as to impair visibility in the vicinity of any airport, or as to otherwise endanger the landing, taking-off, or maneuvering of aircraft, it being understood and agreed that the aforesaid covenants and agreements shall run with the land. Upon transfer of title to Grantor's property, Grantor shall be released from all obligations in this Deed, and the new owner shall succeed to all obligations of Grantor hereunder; provided that Grantor shall continue to be bound , by. thewaiver -.and-• release specified in the third paragraph of this Deed with respect to rights or causes of action arising at any time while Grantor is the owner of Grantor 's property. Grantor(s) : Date * * * * * Attach All Notary Jurats to Space Provided on Page 3 `DEED OF AVIGATION AND HAZARD EASEMENT APN: 506-120-01s and 506-300-02s FOR CITY OF FRESNO USE ONLY CERTIFICATE OF ACCEPTANCE(Officer) CERTIFICATE OF ACCEPTANCE(CowNoU) In accordance with Section 27261 of the Government Code,this is to In accordance with Section 27261 of this Government Code.this is 10 Certify that the interest in real property conveyed hereby is accepted by certity that the interest in real property conveyed bythls instrun 11111 to the the undersigned officers,on behalf of the council of the City of Fresno. City of Fresno,a municipal corporation,is hereby accepted W order oaf lia pursuant to authority conferred by Resolution No.70-208 of said Council. Council of the City of Fresno made on the date hereafter set forth and the adopted October 22,1870,and the grantee consents to the recordation grantee consents to the recordation thereof by its dulyauthorized 0111oer. thereof by Its duly authorized officer. —� Chief Administrative Officer Date of Council order. By: City Clerk _ __z.•-• 6"By is NO FEE This document is official business of the City of Fresno and entitled to Director of Public Works free recordation under Sections 6103 and 27383 of the Government Q Code. By: . U 7 v / ,9 O City Clerk oQg0FESSlp By. ����• ��A W44,�' �s o, PPROVED A 0 FORM: APPROVED AS TO DESCRIPTION: N0.27385ly Attor /, City Design ngineer * Exp.3.31-01 (/ y� I By: 3 OLLIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.519: State of California OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER County of Fresno Though statute does not require the Notary to fill in the data below, doing so may prove Dec . 13 , 1999 invaluable to persons relying on the document. On 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 President NAME(S)OF SIGNER(S) TITLE(S) ®personally known to me -OR - proved to me on the basis of satisfactory evidence ❑ PARTNER(S) F] LIMITED to be the person() whose name( is/Am ❑ GENERAL VICKI K.WASHY ATTORNEY-IN-FACT Commission# 1 449 subscribed to the within instrument and ac- ❑ Notary Public-Car)fofnla knowledged to me that he/eft executed ❑TRUSTEE(S) FresmCounty the same in hiSh¢WgkOdk authorized ❑ GUARDIAN/CONSERVATOR Lq%7r.MyCOMM.Bph�sAugltS.2t103 capacity6", and that by his&kfivx!�& signature(5) on the instrument the person(, ❑OTHER: S or the entity upon behalf of which the j VICKI K.WASHER person) acted, executed the instrument. Cofamhdw#1229449 SIGNER IS REPRESENTING: WITNESSmy h nd and official Seal. NAME OF PERSON(S)OR ENTITY(IES) SIGNATURE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT Deed of Ayigation THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES DATE OF DOCUMENT Though the data requested here is not required by law, kcould 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 need of Avigation and Hazard Easement APN 506-120-01s 506-300-02s EXHIBIT 'A' Grantor(s) Property: Lots 619 , 620 , 621 , 622 , 691 , 696 , 697 , 698 , and 699 of Bullard lands Irrigated Subdivision No. 6 , recorded in Volume 8 , Page 25 of Plats, Fresno County Records. AK:dk 1537d/264 REFERENCE: Entitlement No. Tract Nn 4866 Job Address File PW No. ►oi-7e Recording Requested By: • Public of F�esnoDepartment 0! Ci Yi IIIIIIIIIIIIIIIIIIIIII�III�IIIIIIIII�II�IIMIIII No Fee-Govt. Code Sectionst Fresno County Recorder 6103 and 27383 1 William C, Greenwood 1 DOC— 2000-0011522 When Recorded Mail to: I Acct 4-Fidelity National Title Company Public Works Department I Monday, JAN 31, 2000 08:00:00 a< City of FresnoFRE $0.00 I Ttl Pd 60.00 Nbr-0000276470 2600 Fresno Street I dJ9/R6/1-7 Fresno, California 93721-3623 ATTN: Bruce Abbott SPACE ABOVE THIS LINE FOR RECORDER' S USE A.P.N. 506-300-02 — PW-2000-13607 DEED OF EASEMENT Trend Homes, Inc., a California Corporation, GRANTOR, hereby GRANTS to the City of Fresno, a municipal corporation, GRANTEE, an easement and right-of-way for public street purposes over, under, through and across that certain real property situated in the County of Fresno, State of California, described as follows: SEE EXHIBIT "A" 99-108 Tr. No. 4866 15-AA-7LZ Date: so,..Hg.cy i , 2000 TREND HOMES, INC. By: ObertA. McCaffrey, PrCgr&nt By: '/Karen McCaf ey, Vi resi nt/Secretary ,ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5193 State of California ■iiiiiiiiiiiiir OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER County of Fresno ThaO statue does not require tyre Notary to fill in the data below,doing so may prow invaluable to persons r*#V on the doaxnent. Oran. 18 , 200 before me Vicki K. Washer []INDIVIDUAL GATE , 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) C] LIMITED to be the person(s) whose name(s)Ware [] GENERAL subscribed to the within instrument and ac- ❑ATTORNEY-IN-FACT VICKI K.WASHER knowledged to me that ba6sh tthey executed ❑TRUSTEE(S) Commb*n91229449the same in bdabla sdtheir authorized GUARDIAN/CONSERVATOR �� �k � � 19rPL61c- OO � capacity(ies), and that bykiWititrAtheir OTHER: t�►Oar,mLl9�eoUnly signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. SIGNER IS REPRESENTING: WITNESS my hand and official seal. NAME OFPERSON(S)ORENTI YQES) ti SIGNA7W OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT Dnnd n f F.a.P_mP_n t _ THE DOCUMENT DESCRIBED AT RIGHT: 1/18/00 NUMBER OF PAGES DATE OF DOCUMENT Though the data requested here is not required by law, It could prevent fraudulent reattaixt rnem of this form. SIGNER(S)OTHER THAN NAMED ABOVE - - - -- - --- --- °81992 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave..P.O.Box 7184•Canoga PaAQA CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California OPTIONAL SECTION County of Fresno On before me, 0 a� ° personally appeared, (NAME(S)OF SIGNERS) O INDIVIDUAL(S) O CORPORATE OFFICER(S) O personally known to me - OR -O proved to me on the basis of satisfactory evidence to be the O PARTNERS O Limited person(s) whose name(s) is/are O General subscribed to the within instrument O ATTORNEY-IN-FACT and acknowledged to me that O TRUSTEE(S) he/she/they executed the same in O GUARDIANSHIP/CONSERVATOR his/her/their authorized capacity(ies), SIGNER IS REPRESENTING: and that by his/her/their signature(s) NAME OF PERSON(S)OR ENTITYOES) 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. 0 CO a:3 OSIGNATURE OF NOTARY � FOR CITY OF FRESNO USE ONLY CERTIFICATE OF ACCEPTANCE (Officer) CERTIFICATE OF ACCEPTANCE (Council) in accordance with Section 27281 of the Government In accordance with Section 27281 of the Government Code,this is to certify that the interest in real property conveyed Code,this is to certify that the interest in real property conveyed hereby is accepted by the undersigned officers on behalf of the by this instrument to the City of Fresno, a municipal corporation, Council of the City of Fresno pursuant to authority conferred by is hereby accepted by order of the Council of the City of Fresno Resolution No.92-219A of said Council, adopted June 9, 1992 made on the date hereafter set forth and the grantee consents to and the grantee consents to the recordation thereof by its duly the recordation thereof by its duly authorized officer. authorized officer. Item No./Reso No. Public Ws Dir ctor ACCEP E r / Date of Council Order: 19 By Date ` -�r City Clerk By- Date . APPROVED AS TO DESCRIPTION: of By ,V DateChief Administrative 0 i By ' `0 Date DEPUTY o r DAV0H.(WR APPROV AS TO FORM: * � 9/3010_3 * City A orney Q ll� By Date Z y 9r of C A`-\�o� DEPUTY CHECK Date 99K-/08- 7,T yB�G,iS.q�- 7,go-,-2 ^NOT[RY7 MAS EXHIBIT "A" A.P.N. 506-300-02 EASEMENT NO. 1 That portion of Lots 698 and 699 of BULLARD LANDS IRRIGATED SUBDIVISION NO. 6, recorded in Volume 8, Page 25 of Plats, Fresno County Records, described as follows: BEGINNING t the Nort st ner Lot 98 f Trend Homes No. 27, Tract No. 4866, recorded in Volume , Pages and of Plats, Fresno County Records; thence North 0°01'35" est, along the st boundary of said Trend Homes No. 27, a distance of 94.00 feet to the Southeast corner of Lot 97 of said Trend Homes No. 27; thence Southerly along a non-tangent curve, concave to the West, whose radius point bears South 0°01'57" East, having a radius of 47.00 feet, through a central angle of 180°00'33", an arc distance of 147.66 feet to the POINT OF BEGINNING. EASEMENT NO. 2 That portion of Lot 699 of BULLARD LANDS IRRIGATED SUBDIVISION NO. 6, recorded in Volume 8, Page 25 of Plats, Fresno County Records, described as follows: BEGINNING at the Southeast COMr of Lot 98 of Tre H mes No. 27, Tract No. 4866, recorded in Volume 1�,' , Pages , amu, and of Plats, Fresno County Records; thence North 89°58't" East, para le with and 17.00 feet North of the South line of said Lot 699, a distance of 73.79 feet; thence North 45°18'42" East, a distance of 21.34 feet; thence South 89°21'01" East, a distance of 47.00 feet; thence South 0038'59" West, a distance of 31.45 feet to the South line of said Lot 699; thence South 89°58'25" West, along the South line of said Lot 699, a distance of 135.59 feet to the East line of said Trend Homes No. 27; thence North 0°01'35" West, along the East line of said Trend Homes No. 27, a distance of 17.00 feet to the POINT OF BEGINNING. 60 G I Sloti� c F^, 6996 CIvi�- �' of u►uFo 99-108 Tr. No. 4866 15-AA-'7&Z. / r A.P.N. 506-300-02 EASEMENT NO. 3 That portion of Lot 696 of BULLARD LANDS IRRIGATED SUBDIVISION NO. 6, recorded in Volume 8, Page 25 of Plats, Fresno County Records, described as follows: BEGINNING at the Southwest co ner oOt�of TrendHomes No. 27, Tract No. 4866, recorded in Volume , Pages , �' and of Plats, Fresno Count) Records; thence South 0'45'5J" West, alo g the West line of said Trend Homes No. 27, a distance of 17.00 feet to the South line of said Lot 696; thence South 89058'25" West, along the South line of said Lot 696, a distance of 254.02 feet to the East Boundary of Hampton Court No. 3, Tract No. 4003, recorded in Volume 48, Pages 53 and 54 of Plats, Fresno County Records; thence North 0045'56" East, along the East Boundary of said Hampton Court No. 3, a distance of 17.00 feet to the Southeast corner of Lot 64 of said Hampton Court No. 3; thence North 89°58'25" East, parallel with and 17.00 feet North of the South line of said Lot 696, a distance of 85.01 feet; thence North 45°22'11" East, a distance of 21.36 feet; thence North 89058'25" East, a distance of 54.00 feet; thence South 44037'49" East, a distance of 21.07 feet; thence North 89°58'25" East, parallel with and 17.00 feet North of the South line of said Lot 696, a distance of 85.01 feet to the POINT OF BEGINNING. QgpF ESSlO4Aq jC-7 �rc � . 26996 EKQ .�c 3(S (o( 'P C/V1�- OF Gt►��F�a 99-108 Tr. No. 4866 15-AA- 7`7- tX Li U. z C) NOTE: SHADED PORTION INDICATES AREA ,, : • ,}r;• •�; p 7 TO BE DEEDED TO THE CITY OF �I FRESNO FOR PUBUC STREET z EASEMENT PURPOSES 7 6::t Lry 17 68 v+ ra 0 d 6` 89 90 91 92 93 94 W 3 Y) P�- E 66 0 r88 WEST SAI► :0 y 65 N 89'58'25' E 87 N 45'22'11' E 85.01' 1- 6,¢ 21.36' N 89'58'25 E POINT OF BEgNNINO " 89'58'15- E 54 x•37'49• E 86 g�r. 84 83 82 EASEMENT N0. 1 85.01' 21.0r POINT OF q 3 EASEMENT 0. 3 z I� N 00'45'56' E r.— — — — — — — — — — — — — 17.00' S 89'58'25'+W in a 254.02' 17.00 W WEST ESCALON 55 QaOFESS110 :'RAC:'!' NCo% 4 G14 23 W � � N 26996 rr � SCALE: 1' 100' 3/P I0( (� -So 0 100 200 RECORD OWNER: PREPARED 8Y. ►u arc A.P.N. 506-300-02 GARY GIANNETTA TREND HOMES 1119 'S' STREET + 1175 W. SHAW AVE. Tr FRESNO. CA. 93711 (559)'264-3,x' ua (559) 224-1175 w. 15- i W Z Z 2 93 94 95 �Ig 96 97"x' A •I A= 180'00'33' f R = 47.00- ZL = 147.66' I SAMPLE _ LY — AVENUE N 0'01'35' W - 94.00' W a POI T OF 13EGINN NG W EA ENT NO. I cn N 89'58'25' E p 73.79' 3 8 2 101 10 0 99 98 0 1 N 45'18.42" E S 847 00. E P. T OF EGIN�N NG -;�� 21.34 Z I Q EA ENT N0. 2 j1^ S 0'38'59' W - 31.45 Y - — — — — — — — N 0'01'35 W - 17.00' '�• l N --SCALON AVENUE S 89'58.25• W 135.59' 1 y Q W W Z :. O U Z C-) I Q NO. '1an 03 46, PG. 83 OF ?LM S f7 ACCT NO. CITY O E FRESNO DEPARTMENT OF PUBLIC WORKS FILE NO. 10176 RAYMOND G. SALAZAR, P.E. CITY ENGINEER REF, do REV. APPROVED 99-108 A PORTION OF LOTS 696, 698 AND 699 OF BULLARD LANDS CONST. ENG. OFFICE ENC. Tr. 4866 IRRIGATED SUBDIVISION NO. 6 RECORDED IN VOLUME 8 PAGE aTY DESIGN ENG. UGM / 98-28 25 OF PLATS, FRESNO COUNTY RECORDS, TO BE DEEDED TO DR. BY: e. aANNETTA SHEET NO. W.J. / 4743 THE CITY OF FRESNO FOR: CH BY: 6 a/q. OF I SHEET 15—C— 10189 PUBLIC STREET EASEMENT PURPOSES DAT E1/19/ 00 D 15-AA-762