HomeMy WebLinkAboutT-5233 - Agreement/Covenant - 2/9/2005 (2) JJ I
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WHEN RECORDED MAIL TO: FRESNO County Recorder
Robert C. Werner
City Clerk DOC— 2004-0229909
City of Fresno acct 2-Chicago Title Company
2600 Fresno Street Tuesday, OCT 12, 2004 08:0000624341
Fresno,CA 93721-3603 Tt 1 Pd $72-00 d 3 g/R6/2-19
NO FEE-Government Code 6103
CITY of FRESNO
Planning and Development Department
P.W. File No. 10668
APN: 310-040-03
JAR 6616 East Simpson Avenue (T-5233, Lot 1)
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. 5233, PHASE 1 OF
VESTING TENTATIVE MAP NO. 5233
Statement of Covenants
Fee Deferral
Tract No. 5233
Page 2
RECITALS
WHEREAS, BN 5233 L.P., a California Limited Partnership, 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 193, inclusive and Outlot "A," of Tract No. 5233 according
to the map thereof recorded on . 20
in Volume_ �, of Plats at Pages) -194-194
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. 5233 (hereinafter,
"Project"), require the payment of applicable sewer connection charges, water connection
charges, Urban Growth Management fees, Millbrook Overlay Sewer fee, Copper Avenue Sewer
Lift Station Benefit Service Fee (hereinafter, "Fees") in accordance with the provisions of
Chapters 9, 11, 12 and 14 of the Fresno Municipal Code, Resolution Nos. 95-117, 95-118 and
2003-264 (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
of issuance of a Certificate of Occupancy pursuant to the requirements of Section 12-4.604 of
the Fresno Municipal Code; and
i
Statement of Covenants
Fee Deferral
Tract No. 5233
Page 3
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.
COVENANTS, CONDITIONS, AND RESTRICTIONS
NOW, THEREFORE, the Covenantor hereby covenants as follows:
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
Fee Deferral
Tract No. 5233
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.
f
Statement of Covenants
Fee Deferral
Tract No. 5233
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
Statement of Covenants
Fee Deferral
Tract No. 5233
Page 6
shall the right of the City of Fresno be transferable in any manner to any person other than to a
successor municipal corporation whose geographic boundaries include the Subject Property.
11. In the event that litigation is instituted to enforce the processing of this covenant,
the parties agree that the prevailing party shall be paid reasonable attorney's fees.
12. The conditions and obligations of this Statement, for each lot or parcel of the
Subject Property, shall be of no further force and effect upon satisfaction of the Fee obligations
for such lot or parcel.
13. The conditions and obligations of this Statement shall remain in full force and
effect until su,h 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
Statement of Covenants
Fee Deferral
Tract No. 5233
Page 7
DATED:
CITY OF FRESNO, COVENANTOR
a Municipal Corporation BN 5233 L.P.
a California Limited Partnership
By: Bonadeile Homes, Inc.
a California Corporation
By as General Partner
Nick . Yovino, Director
Pla ing and Development Department
By: llazr
Ihn A. Bonadelle, President
APPROVED AS TO"FORM:
HILDA CANTO-MONTOY
City Attorney
By a4R���
Deputy
(Attach Notary Acknowledgment)
KAI-ouisr\17 5233TT5233 Covenant fee deferral v07-02-04.wpd
louisr 8-24-04
STATE OF CALIFORNIA,
COUNTY OF
Fresno } S.S.
On August 27, 2004 before me, Ahna M. Renna
a Notary Public in and for said County and State, personally
appeared John A Bonadelle
personally known to me ( FOR NOTARY SEAL OR STAMP
to be
the person(s) whose name(s) ishmsubscribed to
the within instrument and acknowledged to me that _
he/shel my executed the same in hiSAUYEh' K
AMA M.REMM
V
authorized capacity(ft), and that by his/J= �VXK rn
r CO`IM #1433196
signature(a) on the instrument the personN), or $' ; s `�WARY pUBLlc-CAI.IFORNIA rn
the entity upon behalf of which the person(t) FRESNO COZ!I!?Y
* ;J f ,> ►+,a„�n�.
Exp.Aug.50,2007
acted, executed the instrument. ;
WITNESS my hand and d0cial s
Signator
STATE OF CALIFORNIA,
COUNTY OF } S.S.
On , before me,
a Notary Public in and for said County and State, personally
appeared
personally known to me (or proved to me on
FOR NOTARY SEAL OR STAMP
the basis of satisfactory evidence) to be
the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that
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
1
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TE 180 Legal(2-94)
This form is furnished by Chicago Title Company
EXHIBIT "A"
DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS
Project Zoning: R-1/UGM
1. WATER CONNECTION CHARGES
A. Service Connections (flat rate cost basis only)
_inch Services @ $_/Service = $ N/A
B. Meters (flat rate cost basis only)
190- 1.0 inch Meters @ $320/Meter = $ 60,800.00
3 - 1.5 inch Meters @ $470/Meter = $ 1.410.00
C. UGM Transmission Grid Main (TGM) Charge
UGM Reimbursement Area: E
41.4900 Gross Acres @ $560.00/ac. _ $ 23,234.40
Less Estimated TGM Credit = $ 67.171.00
Estimated Net Deferred UGM TGM Charge = $Paid w/ Credits
D. Transmission Grid Main Bond Debt Service Charge
For Parcels 5 Gross Acres and Above
41.4900 Gross Acres @ $243.00/ac. _ $ 10.082.07
E. Frontage Fee
1.267 Lineal Feet @ $ 6.50/LF = $ 8,235.50
F. 1994 Bond Debt Service Fee
501 1994 Bond Debt Service Area.
193 Units @ $244.00/ Unit = $ 47.092.00
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
1
11. SEWER CONNECTION CHARGES & SEWER RELATED CHARGES
A. UGM Oversize Sewer Charge
UGM Reimbursement Area: non-designated
257.700 Square Feet @ $0.05 / Sq. Ft. _ $ 12,885.00
Less Oversize Credit = $ 70,213.00
Less Overdepth Credit = $ 24,426.00
Estimated Net Deferred UGM Oversize Charge = $Paid w/ Credits
B. Lateral Sewer Charge
0 Square Feet @ $0.10/Sq. Ft. _ $ 0.00
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
III. URBAN GROWTH MANAGEMENT FEES
A. UGM Fire Station Fee
Service Area: non-designated
41.4900 Gross Acres @ $ 800/GA = $ 33.192.00
B. UGM Neighborhood Park Fee
Service Area: 2
41.4900 Gross Acres @ $ 1,650 /GA = $ Paid
C. UGM Trunk Sewer Fee (Res 83-40)
Service Area:
38.2830 Gross Acres @ $ /GA = $ N/A
D. UGM Major Street Charge
Service Area: D-1/E-2
38.2830 Net Adj Acres @ $ 2,180/NAA = $ 83,456.94
Less Estimated Major Street Credits = $ 323,368.00
Estimated Net Deferred UGM Major Street Charge = $Paid w/ Credits
E. UGM Major Street Bridge Charge
Service Area: D-1/E-2
38.2830 Net Adj Acres @ $ 210/NAA = $ Paid
F. UGM Traffic Signal Charge
38.2830 Net Adjusted Acres @ $ 860/NAA = $ 32,923.38
Less Estimated Traffic Signal Credits = $ 9,410.00
Estimated Net Deferred UGM Traffic Signal Charge = $ Paid
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:1wp51\deferra4t5233ezhibit4 August 31,2004
EXHIBIT "B" -- PRORATED FEE OBLIGATIONS
T-5233 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT
Water Water Water TGM Water 1994 Fire
Lot Lot Meter Frontage Bond Debt Bond Debt Station
No. Area Amount Amount Amount Amount Amount
Due Due Due Due Due
1 7261 $320.00 $46.62 57.08 $244.00 $187.92
2 6900 $320.00 $44.30 $54.24 $244.00 $178.56
3 6900 $320.00 $44.30 $54.24 $244.00 $178.56
4 6900 $320.00 $44.30 $54.24 $244.00 $178.56
5 6900 $320.00 $44.30 $54.24 $244.00 $178.56
6 6900 $320.00 $44.30 $54.24 $244.00 $178.56
7 6900 $320.00 $44.30 $54.24 $244.00 $178.56
8 7487 $320.00 $48.07 $58.85 $244.00 $193.76
9 12701 $470.00 $81.55 $99.85 $244.00 $328.72
10 13675 $470.00 $87.81 $107.50 $244.00 $353.92
11 7289 $320.00 $46.80 $57.30 $244.00 $188.64
12 6716 $320.00 $43.12 $52.80 $244.00 $173.84
13 6836 $320.00 $43.89 $53.73 $244.00 $176.88
14 6956 $320.00 $44.66 $54.68 $244.00 $180.00
15 7076 $320.00 $45.43 $55.62 $244.00 $183.12
16 7140 $320.00 $45.85 $56.13 $244.00 $184.80
17 7140 $320.00 $45.85 $56.13 $244.00 $184.80
18 7140 $320.00 $45.85 $56.13 $244.00 $184.80
19 7521 $320.00 $48.29 $59.12 $244.00 $194.64
20 8092 $320.00 $51.96 $63.62 $244.00 $209.44
21 8092 $320.00 $51.96 $63.62 $244.00 $209.44
22 8805 $320.00 $56.54 $69.21 $244.00 $227.84
23 12866 $470.00 $82.61 $101.14 . $244.00 $332.96
24 10986 $320.00 $70.54 $86.36 $244.00 $284.32
25 6777 $320.00 $43.51 $53.27 $244.00 $175.36
26 6128 $320.00 $39.35 $48.16 $244.00 $158.56
27 7048 $320.00 $45.25 $55.40 $244.00 $182.40
28 6129 $320.00 $39.35 $48.19 $244.00 $158.64
29 6129 $320.00 $39.35 $48.19 $244.00 $158.64
30 6640 $320.00 $42.63 $52.20 $244.00 $171.84
31 6130 $320.00 $39.36 $48.19 $244.00 $158.64
32 6130 $320.00 $39.36 $48.19 $244.00 $158.64
33 6642 $320.00 $42.65 $52.22 $244.00 $171.92
34 6131 $320.00 $39.37 $48.19 $244.00 $158.64
35 6131 $320.00 $39.37 $48.19 $244.00 $158.64
36 6132 $320.00 $39.37 $48.21 $244.00 $158.72
37 6643 $320.00 $42.65 $52.22 $244.00 $171.92
38 6132 $320.00 $39.37 $48.21 $244.00 $158.72
document: lglprintlh 31-Aug-04
EXHIBIT "B" -- PRORATED FEE OBLIGATIONS
T-5233 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT
Water Water Water TGM Water 1994 Fire
Lot Lot Meter Frontage Bond Debt Bond Debt Station
No. Area Amount Amount Amount Amount Amount
Due Due Due Due Due
39 6133 $320.00 $39.38 $48.21 $244.00 $158.72
40 7641 $320.00 $49.06 $60.07 $244.00 $197.76
41 10329 $320.00 $66.32 $81.19 $244.00 $267.28
42 11538 $320.00 $74.08 $90.69 $244.00 $298.56
43 7221 $320.00 $46.37 $56.76 $244.00 $186.88
44 6820 $320.00 $43.79 $53.61 $244.00 $176.48
45 6820 $320.00 $43.79 $53.61 $244.00 $176.48
46 6820 $320.00 $43.79 $53.61 $244.00 $176.48
47 7073 $320.00 $45.42 $55.60 $244.00 $183.04
48 6750 $320.00 $43.34 $53.05 $244.00 $174.64
49 6694 $320.00 $42.98 $52.61 $244.00 $173.20
50 6694 $320.00 $42.98 $52.61 $244.00 $173.20
51 6694 $320.00 $42.98 $52.61 $244.00 $173.20
52 6694 $320.00 $42.98 $52.61 $244.00 $173.20
53 6694 $320.00 $42.98 $52.61 $244.00 $173.20
54 6694 $320.00 $42.98 $52.61 $244.00 $173.20
55 6694 $320.00 $42.98 $52.61 $244.00 $173.20
56 7259 $320.00 $46.61 $57.06 $244.00 $187.84
57 10390 $320.00 $66.71 $81.67 $244.00 $268.88
58 11030 $320.00 $70.82 $86.70 $244.00 $285.44
59 7323 $320.00 $47.02 $57.57 $244.00 $189.52
60 7475 $320.00 $48.00 $58.76 $244.00 $193.44
61 7475 $320.00 $48.00 $58.76 $244.00 $193.44
62 7475 $320.00 $48.00 $58.76 $244.00 $193.44
63 7475 $320.00 $48.00 $58.76 $244.00 $193.44
64 7360 $320.00 $47.26 $57.86 $244.00 $190.48
65 7259 $320.00 $46.61 $57.06 $244.00 $187.84
66 6625 $320.00 $42.54 $52.07 $244.00 $171.44
67 6000 $320.00 $38.53 $47.17 $244.00 $155.28
68 6000 $320.00 $38.53 $47.17 $244.00 $155.28
69 6500 $320.00 $41.74 $51.10 $244.00 $168.24
70 6000 $320.00 $38.53 $47.17 $244.00 $155.28
71 6000 $320.00 $38.53 $47.17 $244.00 $155.28
72 6000 $320.00 $38.53 $47.17 $244.00 $155.28
73 6500 $320.00 $41.74 $51.10 $244.00 $168.24
74 6000 $320.00 $38.53 $47.17 $244.00 $155.28
75 6000 $320.00 $38.53 $47.17 $244.00 $155.28
76 6500 $320.00 $41.74 $51.10 $244.00 $168.24
77 6000 $320.00 $38.53 $47.17 $244.00 $155.28
78 6000 $320.00 $38.53 $47.17 $244.00 $155.28
1
document: 1glprintlh 31-Aug-04
EXHIBIT "B" -- PRORATED FEE OBLIGATIONS
i
T-5233 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT
Water Water Water TGM Water 1994 Fire
Lot Lot Meter Frontage Bond Debt Bond Debt Station
No. Area Amount Amount Amount Amount Amount
Due Due Due Due Due
79 6500 $320.00 $41.74 $51.10 $244.00 $168.24
80 6000 $320.00 $38.53 $47.17 $244.00 $155.28
81 6623 $320.00 $42.53 $52.05 $244.00 $171.36
82 6625 $320.00 $42.54 $52.07 $244.00 $171.44
83 6000 $320.00 $38.53 $47.17 $244.00 $155.28
84 6500 $320.00 $41.74 $51.10 $244.00 $168.24
85 6000 $320.00 $38.53 $47.17 $244.00 $155.28
86 6000 $320.00 $38.53 $47.17 $244.00 $155.28
87 6500 $320.00 $41.74 $51.10 $244.00 $168.24
88 6000 $320.00 $38.53 $47.17 $244.00 $155.28
89 6000 $320.00 $38.53 $47.17 $244.00 $155.28
90 6500 $320.00 $41.74 $51.10 $244.00 $168.24
91 6000 $320.00 $38.53 $47.17 $244.00 $155.28
92 6000 $320.00 $38.53 $47.17 $244.00 $155.28
93 6000 $320.00 $38.53 $47.17 $244.00 $155.28
94 6500 $320.00 $41.74 $51.10 $244.00 $168.24
95 6000 $320.00 $38.53 $47.17 $244.00 $155.28
96 6000 $320.00 $38.53 $47.17 $244.00 $155.28
97 6623 $320.00 $42.53 $52.05 $244.00 $171.36
98 6625 $320.00 $42.54 $52.07 $244.00 $171.44
99 6000 $320.00 $38.53 $47.17 $244.00 $155.28
100 6000 $320.00 $38.53 $47.17 $244.00 $155.28
101 6500 $320.00 $41.74 $51.10 $244.00 $168.24
102 6000 $320.00 $38.53 $47.17 $244.00 $155.28
103 6000 $320.00 $38.53 $47.17 $244.00 $155.28
104 6000 $320.00 $38.53 $47.17 $244.00 $155.28
105 6500 $320.00 $41.74 $51.10 $244.00 $168.24
106 6000 $320.00 $38.53 $47.17 $244.00 $155.28
107 6000 $320.00 $38.53 $47.17 $244.00 $155.28
108 6500 $320.00 $41.74 $51.10 $244.00 $168.24
109 6000 $320.00 $38.53 $47.17 $244.00 $155.28
110 6000 $320.00 $38.53 $47.17 $244.00 $155.28
111 6500 $320.00 $41.74 $51.10 $244.00 $168.24
112 6000 $320.00 $38.53 $47.17 $244.00 $155.28
113 6623 $320.00 $42.53 $52.05 $244.00 $171.36
114 6625 $320.00 $42.54 $52.07 $244.00 $171.44
115 6000 $320.00 $38.53 $47.17 $244.00 $155.28
116 6500 $320.00 $41.74 $51.10 $244.00 $168.24
117 6000 $320.00 $38.53 $47.17 $244.00 $155.28
118 6000 $320.00 $38.53 $47.17 $244.00 $155.28
1
document:lglprintlh 31-Aug-04
EXHIBIT "B" -- PRORATED FEE OBLIGATIONS
T-5233 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT
Water Water Water TGM Water 1994 Fire
Lot Lot Meter Frontage Bond Debt Bond Debt Station
No. Area Amount Amount Amount Amount Amount
Due Due Due Due Due
119 6500 $320.00 $41.74 $51.10 $244.00 $168.24
120 6000 $320.00 $38.53 $47.17 $244.00 $155.28
121 6000 $320.00 $38.53 $47.17 $244.00 $155.28
122 6500 $320.00 $41.74 $51.10 $244.00 $168.24
123 6000 $320.00 $38.53 $47.17 $244.00 $155.28
124 6000 $320.00 $38.53 $47.17 $244.00 $155.28
125 6000 $320.00 $38.53 $47.17 $244.00 $155.28
126 6500 $320.00 $41.74 $51.10 $244.00 $168.24
127 6000 $320.00 $38.53 $47.17 $244.00 $155.28
128 6000 $320.00 $38.53 $47.17 $244.00 $155.28
129 6623 $320.00 $42.53 $52.05 $244.00 $171.36
130 6625 $320.00 $42.54 $52.07 $244.00 $171.44
131 6000 $320.00 $38.53 $47.17 $244.00 $155.28
132 6000 $320.00 $38.53 $47.17 $244.00 $155.28
133 6500 $320.00 $41.74 $51.10 $244.00 $168.24
134 6000 $320.00 $38.53 $47.17 $244.00 $155.28
135 6000 $320.00 $38.53 $47.17 $244.00 $155.28
136 6000 $320.00 $38.53 $47.17 $244.00 $155.28
137 6500 $320.00 $41.74 $51.10 $244.00 $168.24
138 6000 $320.00 $38.53 $47.17 $244.00 $155.28
139 6000 $320.00 $38.53 $47.17 $244.00 $155.28
140 6500 $320.00 $41.74 $51.10 $244.00 $168.24
141 6000 $320.00 $38.53 $47.17 $244.00 $155.28
142 6000 $320.00 $38.53 $47.17 $244.00 $155.28
143 6500 $320.00 $41.74 $51.10 $244.00 $168.24
144 6000 $320.00 $38.53 $47.17 $244.00 $155.28
145 6623 $320.00 $42.53 $52.05 $244.00 $171.36
146 6625 $320.00 $42.54 $52.07 $244.00 $171.44
147 6000 $320.00 $38.53 $47.17 $244.00 $155.28
148 6500 $320.00 $41.74 $51.10 $244.00 $168.24
149 6000 $320.00 $38.53 $47.17 $244.00 $155.28
150 6000 $320.00 $38.53 $47.17 $244.00 $155.28
151 6500 $320.00 $41.74 $51.10 $244.00 $168.24
152 6000 $320.00 $38.53 $47.17 $244.00 $155.28
153 6000 $320.00 $38.53 $47.17 $244.00 $155.28
154 6500 $320.00 $41.74 $51.10 $244.00 $168.24
155 6000 $320.00 $38.53 $47.17 $244.00 $155.28
156 6000 $320.00 $38.53 $47.17 $244.00 $155.28
157 6000 1 $320.00 $38.53 $47.17 1 $244.00 $155.28
158 6500 1 $320.00 $41.74 $51.10 $244.00 $168.24
document:\q\print\h 31-Aug-04
EXHIBIT "B" -- PRORATED FEE OBLIGATIONS
T-5233 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT
Water Water Water TGM Water 1994 Fire
Lot Lot Meter Frontage Bond Debt Bond Debt Station
No. Area Amount Amount Amount Amount Amount
Due Due Due Due Due
159 6000 $320.00 $38.53 $47.17 $244.00 $155.28
160 6000 $320.00 $38.53 $47.17 $244.00 $155.28
161 6623 $320.00 $42.53 $52.05 $244.00 $171.36
162 6625 $320.00 $42.54 $52.07 $244.00 $171.44
163 6000 $320.00 $38.53 $47.17 $244.00 $155.28
164 6000 $320.00 $38.53 $47.17 $244.00 $155.28
165 6500 $320.00 $41.74 $51.10 $244.00 $168.24
166 6000 $320.00 $38.53 $47.17 $244.00 $155.28
167 6000 $320.00 $38.53 $47.17 $244.00 $155.28
168 6000 $320.00 $38.53 $47.17 $244.00 $155.28
169 6500 $320.00 $41.74 $51.10 $244.00 $168.24
170 6000 $320.00 $38.53 $47.17 $244.00 $155.28
171 6000 $320.00 $38.53 $47.17 $244.00 $155.28
172 6500 $320.00 $41.74 $51.10 $244.00 $168.24
173 6000 $320.00 $38.53 $47.17 $244.00 $155.28
174 J 6000 $320.00 $38.53 $47.17 $244.00 $155.28
175 6500 $320.00 $41.74 $51.10 $244.00 $168.24
176 6000 $320.00 $38.53 $47.17 $244.00 $155.28
177 6623 $320.00 $42.53 $52.05 $244.00 $171.36
178 6625 $320.00 $42.54 $52.07 $244.00 $171.44
179 6000 $320.00 $38.53 $47.17 $244.00 $155.28
180 6500 $320.00 $41.74 $51.10 $244.00 $168.24
181 6000 $320.00 $38.53 $47.17 $244.00 $155.28
182 6000 $320.00 $38.53 $47.17 $244.00 $155.28
183 6500 $320.00 $41.74 $51.10 $244.00 $168.24
184 6000 $320.00 $38.53 $47.17 $244.00 $155.28
185 6000 $320.00 $38.53 $47.17 $244.00 $155.28
186 6500 $320.00 $41.74 $51.10 $244.00 $168.24
187 6000 $320.00 $38.53 $47.17 $244.00 $155.28
188 6000 $320.00 $38.53 $47.17 $244.00 $155.28
189 6000 $320.00 $38.53 $47.17 $244.00 $155.28
190 6500 $320.00 $41.74 $51.10 $244.00 $168.24
191 6000 $320.00 $38.53 $47.17 $244.00 $155.28
192 6000 $320.00 $38.53 $47.17 $244.00 $155.28
193 6623 $320.00 $42.53 $52.05 $244.00 $171.36
�i
document:\q\print\h 31-Aug-04
Tract No. 5233/UGM
P.W. File No. 10668
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on May 18, 2004, in the office of the Fresno County Recorder, Document No.
20040109049 of which the Deed of Trust in by and between BH 5233 L. P., a California Limited
Partnership, as Trustor, Chicago Title Company, a California Corporation, as Trustee and
California Bank &Trust, a California Banking Corporation, Beneficiary, hereby expressly
subordinates said Deed of Trust and its beneficial interest thereto to the foregoing 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. 5233, Phase 1 of
Vesting Tentative Map No. 5233/UGM
DATED: 20 W
TRUSTEE OR BENEFICIARY
By:
By: Az')e. :T
—��-o�i,�a
uP 0,.f Z.Joe ,— cr
(Print/Type Name and Title of Signing Person
Attach Notary Acknowledgement)
STATE OF CALIFORNIA,
COUNTY OF Fresno } S.S.
On August 27, 2004 , before me, Anna M. Renna
a Notary Public in and for said County and State, personally
appeared Richard J. Audino
: wwnatLyx:kmal =ftxmnx(or proved to me on FOR NOTARY SEAL OR STAMP
the basis of satisfactory evidence) to be
the person(s) whose name(s) is/aawsubscribed to
the within instrument and acknowledged to me that
he/stm3iR y executed the same in his/faaP(ttN3W
authorized capacity(bes), and that by his/iaadttxetK .�► ANNA M.RENNA
signature(s) on the instrument the person(s), or COMM.#1488198
NOTARY PMUC-CAINORNA ori
the entity upon behalf of which the person( a FRESNOCOUNTY
acted, executed the instrument. W200?
WITNESS mv hand andel o ,ficial seal.
Signatu
TE 160 Legal(2.94)
This form is furnished by Chicago Title Company
i
CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On October 4,2004, before me, Elvia Sommerville,Deputy City Clerk, personally appeared,
Nick P. Yovino,Planning and Development Director,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
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 handand official City Seal.
REBECCA E. KL ISCH, CMC
CITY CLERK
v
0
By
Deputy October 4,2004(1:12pm)
G