HomeMy WebLinkAboutT-5206 - Agreement/Covenant - 2/8/2005 (2) • WHEN RECORDED MAIL TO:
,'�, IIII III III I III II IIII I II I IIII I(VIII I IIII I II III III
City Clerk FRESNO County Recorder
City of Fresno Robert C. Werner
2600 Fresno Street DDC— 2004-0073934
Fresno, CA 93721-3603 Acct 2-Chicago Title Company
Tuesday, APR 06, 2004 08:00:00
Tt l Pd $78.00 Nbr-0001439804
rgr/R7/3-18
NO FEE-Government Code 6103
CITY of FRESNO
Planning and Development Department
P.W. File No. 10633
APN: 316-022-23, 24 &25; 316-010-13s & 14s
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 FOR TRACT NO. 5206
i
STATEMENT OF COVENANTS
UGM Fees Deferral and Creations of Lien
Tract No. 5206
Page 2
RECITALS
WHEREAS, RUNNING HORSE LLC, a California Limited Liability Company,
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. 5206 according to the map thereof
recorded on APLI/ , 200__
T
in Volume – &� —, of Plats at Page(s) 2 Thou l0.5
Fresno County Records.; and
WHEREAS, Covenantor hereby warrants that any and all parties having record title
interest in the Subject Property, which may ripen into a fee, have subordinated to this
instrument and all such instruments of Subordination, if any, are attached hereto and made a
part of this instrument; and
WHEREAS, the conditions of approval of Vesting Tentative Map No. 5206 (hereinafter,
'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
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
v
S
STATEMENT OF COVENANTS
UGM Fees Deferral and Creations of Lien
Tract No. 5206
Page 3
of issuance of a Certificate of Occupancy pursuant to the requirements of Section 12-4.604 of
the Fresno Municipal Code; and
WHEREAS, the Covenantor, as a condition of issuance of building permit(s) for the
Project pursuant to the provisions of the latest edition of the Uniform Building Code as adopted
by the State of California and as amended by the City of Fresno, including any subsequent
extension and expiration of such permit and the re-issuance of a new building permit for any
expired permit on any lot or parcel of the Subject Property, desires to defer the payment of the
Fee obligations identified in Exhibit"A" pursuant to the requirements of said Section 12-4.604
until such time that the Covenantor or successors and assigns requests the issuance of a
Certificate of Occupancy.
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 Planning and 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 Planning and 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.
STATEMENT OF COVENANTS
UGM Fees Deferral and Creations of Lien
Tract No. 5206
Page 4
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 Planning and Development Director and shall be adjusted to reflect the Fee
rates in effect at the time payment is made, and may be adjusted to account for any
subsequently approved reconfiguration to the size or number of lots, parcels, units or
buildings. When Covenantor elects to pay one or more of the deferred Fees in advance of the
request for issuance of a Certificate of Occupancy, the full amount of such Fee must be paid.
The remaining unpaid deferred Fees for that lot, parcel, unit or building shall be paid in full at
the time the Covenantor or successors and assigns requests the issuance of a Certificate of
Occupancy.
4. The actual Fee obligations shall be recalculated by the City at the time of payment
at 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.
STATEMENT OF COVENANTS
UGM Fees Deferral and Creations of Lien
Tract No. 5206
Page 5
6. At the sole discretion of the Planning and Development Director, a request for
"temporary utility connection"or a "temporary or safe to occupy" may be made subject to the
provision of an additional cash security deposit representing a portion or all of the deferred Fee
amounts.
7. Notwithstanding any of the above payment times, the maximum period for
deferment of Fees for a lot, parcel, unit or building shall be limited to a period of one (1) year
after final inspection of a building. This time period approximates with the Uniform Building
Code and Fresno Municipal Code period which provides for an active permit life of 180 days,
after last inspection, with provisions for one (1) extension of said permit, not to exceed a period
of 180 days.
8. Covenantor hereby waives any claim that the provisions of this covenant violate
Government Code Section 65961.
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
r
STATEMENT OF COVENANTS
UGM Fees Deferral and Creations of Lien
Tract No. 5206
Page 6
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.
111
Ill
111
111
lJJ
111
STATEMENT OF COVENANTS
UGM Fees Deferral and Creations of Lien
Tract No. 5206
Page 7
DATED:
CITY OF FRESNO, COVENANTOR
a Municipal Corporation RUNNING HORSE LLC
a California Limited Liability Company
By
Nic . Yovino, Director By:
Planning and Development Department Scott Webb, Manager
APPROVED AS TO FORM:
HILDA CANTO-MONTOY
City Attorney
By
Deputy (Attach Notary Acknowledgment)
FD&CL FORM Covenant
Fees Def 8 Creation of Lien v7-30-03
louisr 02/28/2004
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Veesrl o ss.
On 3-3—U'1 before me, /Pin)17A L. &i_Sjr(3
Date /, ' /T N me and Title of orncer(e.g.,"Jane Doe,Notary Public")
personally appeared �� !A i
Names)of Signer(s)
❑personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
RAL PH L. CASTRO acknowledged to me that he/she/they executed
r' Commission q 1290036 the same in his/her/their authorized
-r Notary Public - California capacity(ies), and that by his/her/their
Fresno County signature(s) on the instrument the person(s), or
My Comm.ExpiresFeb7.2005 the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official al.
^gnalure of Notary Pubk
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: _�'�L" e�FYlt L i �GV�i7Q/lf-
Document Date: .3_3_ n Number of Pages:_Z
i
Signer(s)Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
fiviotwo
a
'i;�Individual Top of thumb here
❑ Corporate Officer—Title(s):
❑ Partner—❑Limited ❑General
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
O 1999 National Notary Association•9350 De Solo Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402•www.nationainotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-827 /y
V
i
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On April 1, 2004 before me, Elvia Sommerville, Deputy City Clerk
personally appeared Lisa LeBlanc, Administrative Manager Planning & Development Dept.
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 tome 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, CMC
CITY CLERK
0 0
By
DEPUTY
• 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)
53 - 1.0 inch Meters @ $ 320/Meter = $ 16,960.00
5 - 1.5 inch Meters @ $470/Meter = $ 2,350.00
C. UGM Transmission Grid Main (TGM) Charge
UGM Reimbursement Area: C
19.8605 Gross Acres @ $ 560.00/ac. _ $ 11.121.88
Less Estimated TGM Credit = $ 89.973.00
Estimated Net Deferred UGM TGM Charge = $ Paid w/Credits
D. Transmission Grid Main Bond Debt Service Charge
For Parcels 5 Gross Acres and Above
19.8605 Gross Acres @ $243.00 /ac. _ $ 4.826.10
E. Frontage Fee
0 Lineal Feet @ $ 3.25 /LF = $ 0.00
F. 1994 Bond Debt Service Fee
401 1994 Bond Debt Service Area.
58 Units @ $0/ Unit = $ 0.00
G. The following water connection charges are not deferrable or prorated
under the terms of this covenant:
1. Service Connections for common, landscape and other miscellaneous
areas, and Time & Materials cost basis
2. Meters for common, landscape and other miscellaneous areas, and Time
& Materials cost basis
3. Fire Hydrant Charge
4. UGM Water Supply Fee
5. Wellhead Treatment Fee
6. Recharge Fee
II. SEWER CONNECTION CHARGES & SEWER RELATED CHARGES*
A. UGM Oversize Sewer Charge
UGM Reimbursement Area: 29
192.400 Square Feet @ $0.05 /Sq. Ft. _ $ 9,620.00
Less Oversize Credit = $ 3,452.00
Less Overdepth Credit = $ 11,505.00
Estimated Net Deferred UGM Oversize Charge = $ Paid w/ Credits
B. Lateral Sewer Charge
129.400 Square Feet @ $0.10 / Sq. Ft. _ $ 12,940.00
Less Lateral Sewer Charge Credit = $ 0.00
Estimated Net Deferred Lateral Sewer Charge = $ 12.940.00
C. Housebranch Sewer Charge = $ N/A
D. Millbrook Sewer Overlay
_ Net Adj Gross Ac @ $ /NAA = $ N/A
_ Units @ $ /Unit = $ N/A
E. The following sewer connection charges are not deferrable under the terms
of this covenant:
1. Trunk Sewer Charge
2. Wastewater Facilities Sewer Charge
Ili. URBAN GROWTH MANAGEMENT FEES
A. UGM Fire Station Fee
Service Area: Undesignated
19.8605 Gross Acres @ $ 800/GA = $ 15,888.40
B. UGM Neighborhood Park Fee
Service Area: 3
19.8605 Gross Acres @ $ 2,220/GA = $ 44,090.31
C. UGM Trunk Sewer Fee (Res 83-40)
Service Area:
Gross Acres @ $ /GA = $ N/A
D. UGM Major Street Charge
Service Area: E-3
18.5354 Net Adj Acres @ $ 2.795 /NAA = $ 51,806.44
Less Estimated Major Street Credits = $165,248.00
Estimated Net Deferred UGM Major Street Charge = $ Paid w/ Credits
E. UGM Major Street Bridge Charge
Service Area: E-3
18.5354 Net Adj Acres @ $ 160/NAA = $ 2,965.66
F. UGM Traffic Signal Charge
18.5354 Net Adjusted Acres @ $ 860/NAA = $ 15,940.44
Less Estimated Traffic Signal Credits = $ 10,250.00
Estimated Net Deferred UGM Traffic Signal Charge = $ 5.690.44
G. UGM Grade Separation Charge
Service Area:
_ Net Adjusted Acres @ $ /NAA = $ N/A
H. 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\deferraht5206exhlb%A March 1,2004
EXHIBIT "B" -- PRORATED FEE OBLIGATIONS
T-5206 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT
Water Water TGM Sewer Fire Neighborhood Major Traffic
Lot Lot Meter Bond Debt Lateral Station Park Bridge Signal
No. Area Amount Amount Amount Amount Amount Amount Amount
Due Due Due Due Due Due Due
1 9555 $320.00 $81.31 $218.03 $267.68 $742.81 $49.97 $95.87
2 8566 $320.00 $72.90 $195.46 $240.00 $666.00 $44.80 $85.97
3 8760 $320.00 $74.55 $199.89 $245.44 $681.10 $45.81 $87.88
4 8760 $320.00 $74.55 $199.89 $245.44 $681.10 $45.81 $87.88
5 9000 $320.00 $76.59 $205.36 $252.16 $699.74 $47.07 $90.34
6 8858 $320.00 $75.38 $202.12 $248.16 $688.64 $46.32 $88.86
7 10992 $320.00 $93.56 $250.82 $308.00 $854.70 $57.49 $110.32
8 11223 $320.00 $95.50 $256.09 $314.40 $872.46 $58.69 $112.60
9 8523 $320.00 $72.54 $194.48 $238.80 $662.67 $44.58 $85.55
10 8466 $320.00 $72.05 $193.18 $237.20 $658.23 $44.27 $84.94
11 8466 $320.00 $72.05 $193.18 $237.20 $658.23 $44.27 $84.94
12 8466 $320.00 $72.05 $193.18 $237.20 $658.23 $44.27 $84.94
13 8466 $320.00 $72.05 $193.18 $237.20 $658.23 $44.27 $84.94
14 9276 $320.00 $78.95 $211.66 $259.92 $721.28 $48.51 $93.09
15 9072 $320.00 $77.20 $207.01 $254.16 $705.29 $47.44 $91.02
16 9078 $320.00 $77.25 $207.14 $254.32 $705.74 $47.47 $91.08
17 9078 $320.00 $77.25 $207.14 $254.32 $705.74 $47.47 $91.08
18 9078 $320.00 $77.25 $207.14 $254.32 $705.74 $47.47 $91.08
19 8973 $320.00 $76.35 $204.75 $251.36 $697.52 $46.93 $90.05
20 8944 $320.00 $76.11 $204.09 $250.56 $695.30 $46.77 $89.72
21 10801 $320.00 $91.93 $246.46 $302.64 $839.83 $56.48 $108.36
22 11250 $320.00 $95.74 $256.70 $315.20 $874.68 $58.83 $112.88
23 11242 $320.00 $95.67 $256.52 $314.96 $874.01 $58.78 $112.77
24 11280 $320.00 $95.98 $257.39 $316.00 $876.90 $58.99 $113.20
25 13264 $470.00 $112.87 $302.66 $371.60 $1,031.19 $69.36 $133.07
26 10572 $320.00 $89.96 $241.23 $296.16 $821.84 $55.28 $106.04
27 10462 $320.00 $89.04 $238.72 $293.12 $813.41 $54.72 $105.02
28 11902 $320.00 $101.28 $271.58 $333.44 $925.30 $62.24 $119.42
29 11700 $320.00 $99.58 $266.97 $327.84 $909.76 $61.18 $117.39
30 11700 $320.00 $99.58 $266.97 $327.84 $909.76 $61.18 $117.39
31 11744 $320.00 $99.95 $267.98 $329.04 $913.09 $61.42 $117.89
32 11700 $320.00 $99.58 $266.97 $327.84 $909.76 $61.18 $117.39
F�
d`
document:\q\print\h 01-Mar-04 �"
• EXHIBIT "B" -- PRORATED FEE OBLIGATIONS
T-5206 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT
Water Water TGM Sewer Fire Neighborhood Major Traffic
Lot Lot Meter Bond Debt Lateral Station Park Bridge Signal
No. Area Amount Amount Amount Amount Amount Amount Amount
Due Due Due Due Due Due Due
33 11700 $320.00 $99.58 $266.97 $327.84 $909.76 $61.18 $117.39
34 11968 $320.00 $101.84 $273.09 $335.28 $930.40 $62.59 $120.11
35 9096 $320.00 $77.42 $207.55 $254.88 $707.29 $47.57 $91.27
36 7919 $320.00 $67.38 $180.70 $221.84 $615.61 $41.41 $79.43
37 7878 $320.00 $67.04 $179.76 $220.72 $612.50 $41.20 $79.06
38 8675 $320.00 $73.82 $197.95 $243.04 $674.44 $45.36 $87.01
39 8667 $320.00 $73.75 $197.77 $242.80 $673.77 $45.33 $86.98
40 7528 $320.00 $64.05 $171.78 $210.88 $585.19 $39.38 $75.58
41 13028 $470.00 $110.88 $297.28 $365.04 $1,012.99 $68.13 $130.71
42 10099 $320.00 $85.95 $230.44 $282.96 $785.21 $52.82 $101.35
43 12576 $470.00 $107.02 $286.96 $352.32 $977.69 $65.76 $126.15
44 7227 $320.00 $61.50 $164.91 $202.48 $561.88 $37.79 $72.51
45 8390 $320.00 $71.39 $191.44 $235.04 $652.24 $43.87 $84.17
46 8984 $320.00 $76.45 $205.00 $251.68 $698.41 $46.98 $90.11
47 7998 $320.00 $68.06 $182.50 $224.08 $621.82 $41.82 $80.24
48 7947 $320.00 $67.63 $181.34 $222.64 $617.83 $41.55 $79.70
49 8974 $320.00 $76.37 $204.77 $251.44 $697.75 $46.93 $90.04
50 8559 $320.00 $72.85 $195.30 $239.84 $665.56 $44.77 $85.93
51 7528 $320.00 $64.05 $171.78 $210.88 $585.19 $39.38 $75.58
52 12899 $470.00 $109.76 $294.33 $361.36 $1,002.77 $67.46 $129.43
53 10055 $320.00 $85.56 $229.44 $281.68 $781.66 $52.58 $100.86
54 12556 $470.00 $106.85 $286.50 $351.76 $976.13 $65.66 $126.00
55 7227 $320.00 $61.50 $164.91 $202.48 $561.88 $37.79 $72.51
56 8390 $320.00 $71.39 $191.44 $235.04 $652.24 $43.87 $84.17
57 11100 $320.00 $94.45 $253.28 $310.96 $862.91 $58.05 $111.38
58 10907 $320.00 $92.83 $248.88 $305.60 $848.04 $57.04 $109.45
l
document:\q\print\h 01-Mar-04 '
Tract No. 5206/UGM
P.W. File No. 10633
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of
Trust recorded on October 30, 2003, in the office of the Fresno County Recorder, Document No.
2003-238226 of which the Deed of Trust in by and between Running Horse LLC, a California
Limited Liability Company, as Trustor, Fidelity National Title Company, a California Corporation,
as Trustee and Leonard C. Patterson and Joyce L. Patterson, Husband and Wife as Joint
Tenants, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial
interest thereto to the foregoing Statement of Covenants Affecting Land Development for Certain
Sewer Connection Charges, Water Connection Charges, Urban Growth Management Fees and
Development Fees and Creation of Lien for Tract No. 5206 of Vesting Tentative Map
No. 5206.
DATED: " -' 20 `
BENEFICIARY
Leonard C. Patterson and Joyce L. Patterson
Husband and Wife as Joint Tenants
By: L�.
Hard C.Patterso
BY
Joyce L. Patterson
(Attach Notary Acknowledgement)
STATE OF CALIFORNIA )
SS.
COUNTY OF
On before me, �
a Notary Public in and for said County and State, personally appeared _._; .
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the within instrument and.acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s)bn 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.
MaIPINZ" .w■�., ROBYN V.ALBERT
Si atur6 ofota N �*', �'' w A
ry H „ r COMM.#1329761 d,
H ° NOTARY PUBLIC•CALIFORNIA23
FRESNO COUNTY M
`'���■■•` My Cumas.Eip.N9r.12,2005
STATE OF CALIFORNIA )
SS.
COUNTY OF )
On before me,
a Notary Public in and for said County and State, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s)acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary
EXTNOTJ ••09(25/96bk
Tract No. 5206/UGM
P.W. File No. 10633
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on October 2, 2003, in the office of the Fresno County Recorder, Document No. 2003-
238227 of which the Deed of Trust in by and between Running Horse LLC, a California Limited
Liability Company, as Trustor, Fidelity National Title Company, a California Corporation, as Trustee
and The Sieling Family Trust, under Declaration of Trust dated July 18, 2002, as Beneficiary,
hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the
foregoing Statement of Covenants Affecting Land Development for Certain Sewer Connection
Charges, Water Connection Charges, Urban Growth Management Fees and Development Fees
and Creation of Lien for Tract No. 5206, of Vesting Tentative Map No. 5206.
DATED: 3 1 , 20 6q
Sworn to and subscribed before me,in rry presence
ib;s day of 'I.Lv'c.t� , Y, AVi;r,, BENEFICIARY
I-% 17f
The Sieling Family Trust
Under Decla do of Trust dated July 18, 2002
�. ... -�c��'�,._✓�TSi'}!"�� �G V Y1� VY�.0 111.
My commission expires_
r
f J Donald Ji ieli , Trustee
N
,
f
By4ntNancC
eno Sieling, Trustee
(Attach Notary Acknowledgement)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Stateof &-l"'
M j
County of
I On O 1- D (>Z/ before me, /G/Op—%A Z Z�=i,)6 SA 5 ,
Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
personally appeared ����y �/4A� i�AJO C51,e
Name(s)of Signer(s)
j�personally known to me–OR–❑proved to me on the basis of satisfactory evidence to be the person(
(' whose name(Io is/are subscribed to the within instrument
and acknowledged to me that hq/she/fty executed the )
I'
( same in' /her/t r authorized ca acit
y(X),and that by
Pii$/her/thCr signature ft on the instrument the person(,
d� VICTORIA E.VENEGAS or the entity upon behalf of which the person((acted,
( ) Commission 0 1325147 executed the instrument.
Z u; Notary Public-California
Monterey County
MY Comm EXPiW-3Ost14 a WITNESS my hand and official seal.
I' � , �.....
00
Signature of Notary Public
I'
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document g �}
Title or Type of Document: 4eFc2, 144 665A-r ltl
Document Date: Number of Pages:
I
I
Signer(s) Other Than Named Above:
A)Ilq
Capacity(ies) Claimed by Signer(s)
I'
Signer's Name: Signer's Name:
I
S' Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
I` ❑ Trustee ❑ Trustee _
(` ❑ Guardian or Conservator - ❑ Guardian or Conservator
( ❑ Other: Top of thumb here ❑ Other: Top of thumb here
I
l
I
Signer Is Representing: Signer Is Representing:
I�
I.
m 1995 National Notary Association•8236 Remmet Ave.,PO.Box 7184-Canoga Park,CA 91309.7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-68271
{r
i