HomeMy WebLinkAboutT-5258 - Agreement/Covenant - 12/13/2005 (2) WHEN RECORDED MAIL TO: 1111 III III I III Il Il IIII III II I IIII III�IIII�IIII I Ill
City Clerk - FRESNO County Recorder
City of Fresno Robert C, Werner
2600 Fresno street DOC— 2005-0154518
Fresno, CA 93721-3603 Acet 5-First American Title Insurance Company
Tuesday, JUL 12, 2003 08:00:00
Tt 1 Pd $75.00 Nbr-0001881445
RGR/R7/2-20
NO FEE-Government Code 6103
CITY of FRESNO
Planning and Development Department
P.W. File No. 10746
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. 5258, PHASE 1 OF
VESTING TENTATIVE MAP NO. 5258 AND TRACT NO. 52955
PHASE 1 OF VESTING TENTATIVE MAP NO. 5295
4
Statement of Covenants
Fee Deferral
Tracts Nos. 5258 and 5295
Page 2
RECITALS
WHEREAS, McMILLIN SUNNYSIDE RANCH, LLC, a Delaware 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 97, inclusive, of Tract No. 5258 according
to the map thereof recorded on J11/4 /,2 , 20
in Volume 173 of Plats at Pages) fhru S
Fresno County Records.; and
Lots 1 through 21, inclusive, of Tract No. 5295 according
to the map thereof recorded on ulv /a , 2005
in Volume 73 , of Plats at Page(s) '(o 'thra 2
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 Maps Nos. 5258 and 5295
(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
Statement of Covenants
Fee Deferral
Tracts Nos. 5258 and 5295
Page 3
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 Exhibits A.1 and A.2,
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
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 Exhibits A.1 and A.2 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.
Statement of Covenants
Fee Deferral
Tracts Nos. 5258 and 5295
Page 4
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.
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 Exhibits B.1 and B.2, at any time after the
recordation of this instrument. The Fee obligations stated in said Exhibits B.1 and B.2 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 Exhibits A.1 and A.2 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 Exhibits A.1 and A.2, but in effect at the
time the Covenantor or successors and assigns requests the issuance of a Certificate of
Statement of Covenants
Fee Deferral
Tracts Nos. 5258 and 5295
Page 5
Occupancy, will be applicable to this Project if such new fee(s) is/are duly established by the
City Council in accordance with Government Code Section 66498.1.
6. At the sole discretion of the 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.
R 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
Statement of Covenants
Fee Deferral
Tracts Nos. 5258 and 5295
Page 6
obligations nor shall the right of the City of Fresno be transferable in any manner to any person
other than to a successor municipal corporation whose geographic boundaries include the
Subject Property.
11. In the event that litigation is instituted to enforce the processing of this
covenant, the parties agree that the prevailing party shall be paid reasonable attorney's fees.
12. The conditions and obligations of this Statement, for each lot or parcel of the
Subject Property, shall be of no further force and effect upon satisfaction of the Fee
obligations for such lot or parcel.
13. The conditions and obligations of this Statement shall remain in full force and
effect until such time as the Fee obligations for all lots, parcels, units or buildings of the Project
on the Subject Property are fully satisfied.
14. The provisions of this Statement shall be deemed independent and severable
and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof
shall not affect the validity or enforceability of any one provisions hereof. Whenever the
context of the Statement so requires, in interpreting this Statement, any gender includes the
other genders, the singular includes the plural, and the plural includes the singular.
Statement of Covenants
Fee Deferral
Tracts Nos. 5258 and 5295
Page 7
DATED: �TU L Y !o ff ZOOS
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
WMILLIN SUNNYSIDE RANCH, LLC.,
a Delaware Limited Liability Company
NICK P. YOVINO, Director
Planning and Development Department By: McMillin Management Services, LP,
a California Limited Partnership,
as Manager
By: Corky McMillin Construction Services, Inc.,
as General Partner
J
BY:
APPROVED AS TO FORM: Jose h A. I 6xecutive Vice President
HILDA CANTO-MONTOY
City Attorney By:
Jim A Robinson, Vice President
By
Deputy
(Attach Notary Acknowledgment)
jb+A 05-12-05
STATE OF CALIFORNIA)
ss.
COUNTY OF TULARE )
On June 6, 2005, before me, the undersigned, a notary public for the state,.personally
.appeared JOSEPH A. LEAL AND JIM W.ROBINSON 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), or the entity behalf of which the person(s) acted, executed the instrument27
WITNESS my hand and official seal
J. STURGEON
COMM. 1454944
• NOTARY PUBLIC-CALIFORNIA
TULARE COUNTY
M Cana Expires Dec.26.2001
NOTARY XGNATURE SEAL
F
1
CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On July 6,2005, 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 hand and official City Seal.
REBECCA E. KL ISCH, CMC
CITY CLERK
n
By
Deputy July 6,2005(3:01 pm)
EXH I BIT "A.1 " T=5258
DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS FOR TRACT 5258
Project Zoning: R-1•
I. WATER CONNECTION CHARGES
A. Service Connections (flat rate cost basis only)
_-_ inch Services @ $_/Service = $ N/A
B. Meters (flat rate cost basis only)
91 - 1.0 inch Meters @ $ 330 /Meter = $ 30,030.00
6 - 1.5 inch Meters @ $_455 /Meter = $ 2,730.00
C. UGM Transmission Grid Main (TGM) Charge
UGM Reimbursement Area: non-UGM
34.9898 Gross Acres @ $ 643 /GA = $ 22,498.44
Less Estimated TGM Credit = $ 37,120.00
Estimated Net Deferred UGM TGM Charge = $Paid w/ Credits
D. Transmission Grid Main Bond Debt Service Charge
For Parcels 5 Gross Acres and Above
34.9898 Gross Acres @ $243.00 /ac. _ $ 8,502.52
E. Frontage Fee
951 Lineal Feet @ $ 6.50 IF = $ 6,181.50
F. 1994 Bond Debt Service Fee
1994 Bond Debt Service Area. _ $ 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. UGM Water Supply Fee
4. Wellhead Treatment Fee
5. Recharge Fee
t ,
x
n
II. SEWER CONNECTION CHARGES & SEWER RELATED CHARGES
A. UGM Oversize Sewer Charge
UGM Reimbursement Area: non-UGM
95,134 Square Feet @ $0.05 / Sq. Ft. = $ 4,756.70
Less Oversize Credit = $ 0.00
Estimated Net Deferred UGM Oversize Charge = $ 4,756.70
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. Copper Avenue Sewer Lift Station Benefit Service Area Charge
Units @ $650.00/Unit = $ N/A
F. 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
Not in Urban Growth Management (UGM) service area.
EXHIBIT "A.2" T-5295
DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS FOR TRACT 5295
Project Zoning: R-1
I. WATER CONNECTION CHARGES
A. Service Connections (flat rate cost basis only)
_-_ inch Services @ $_/Service = $ N/A
B. Meters (flat rate cost basis only)
20 - 1.0 inch Meters @ $ 330 /Meter ` $ 6.600.00
1 - 1.5 inch Meters @ $ 455 /Meter = $ 455.00
C. UGM Transmission Grid Main (TGM) Charge
UGM Reimbursement Area: non-UGM
5.4468 Gross Acres @ $ 643/GA = $ 3,502.29
Less Estimated TGM Credit = $ 14.261.56
Estimated Net Deferred UGM TGM Charge = $Paid w/ Credits
D. Transmission Grid Main Bond Debt Service Charge
For Parcels.5 Gross Acres and Above
' 5.4468 Gross Acres @ $243.00/ac. - $ 1,323.57
E. Frontage Fee
343 Lineal Feet @ $ 6.50/LF _ $ 2,229.50
F. 1994 Bond Debt Service Fee
1994 Bond Debt Service Area. _ $ 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. UGM Water Supply Fee
4. Wellhead Treatment Fee
5. Recharge Fee
d
Il. SEWER CONNECTION CHARGES i& SEWER RELATED CHARGES
A. UGM Oversize Sewer Charge
UGM Reimbursement Area:-non-UGM
34,271 Square Feet @ $0.05 / Sq. Ft. _ $ 1,713.55
Less Oversize Credit = $ 0.00
Estimated Net Deferred UGM Oversize Charge = $ 1,713.55
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. Copper Avenue Sewer Lift Station Benefit Service Area Charge
Units @ $650.00/Unit = $ N/A
F. 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
Not in Urban Growth Management (UGM) service area.
IV. NON - URBAN GROWTH MANAGEMENT IMPACT FEES FOR TRACTS 5258 & 5295
A. Traffic Signal Charge
118 Units @ $414.69 / Unit = $ 48.933.42
Less Estimated Traffic Signal Credits = $ 15,000.00
Estimated Deferred Traffic Signal Charge = $ 33.933.42
document:\wp51\defenaNt5258&5295exhibitAr May 20,2005
EXHIBIT "B.1 " T-5258 PRORATED FEE OBLIGATIONS
T-5258 Sewer, "Water & UGM Fees DUE-DEFERRED BY COVENANT
Water Water Water TGM Sewer Traffic
Lot Lot Meter Frontage Bond Debt Oversize Signal
No. Area Amount Amount Amount Amount Amount
Due Due Due Due Due
93 7200 $330.00 $53.60 $73.73 $41.25 $287.59
94 10016 $330.00 $74.56 $102.57 $57.38 $287.59
95 9333 $330.00 $69.48 $95.57 $53.46 $287.59
96 8288 $330.00 $61.70 $84.86 $47.48 $287.59
97 9010 $330.00 $67.07 $92.27 $51.61 $287.59
document: \q\print\h 20-May-05
EXHIBIT "B.1 " T-5258 PRORATED FEE OBLIGATIONS
T-5258 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT
Water Water Water TGM Sewer Traffic
Lot Lot Meter Frontage Bond Debt Oversize Signal
No. Area Amount Amount Amount Amount Amount
Due Due I Due Due I Due
1 9455 $330.00 $70.39 $96.81 $54.16 $287.59
2 9780 $330.00 $72.81 $100.14 $56.02 $287.59
3 9781 $330.00 $72.81 $100.16 $56.03 $287.59
4 1 10171 $330.00 $75.72 $104.15 $58.26 $287.59
5 16286 $455.00 $121.24 $166.77 $93.29 $287.59
6 11765 $330.00 $87.58 $120.48 $67.40 $287.59
7 8800 $330.00 $65.51 $90.10 $50.41 $287.59
8 8800 $330.00 $65.51 $90.10 $50.41 $287.59
9 11704 $330.00 $87.13 $119.85 $67.05 $287.59
10 8659 $330.00 $64.46 $88.67 $49.60 $287.59
11 7150 $330.00 $53.23 $73.22 $40.96 $287.59
12 8116 $330.00 $60.42 $83.11 $46.49 .$287.59
13 8455 $330.00 $62.94 $86.58 $48.43 $287.59
14 10836 $330.00 $80.67 $110.95 $62.07 $287.59
15 8125 $330.00 $60.49 $83.20 $46.54 $287.59
16 8125 $330.00 $60.49 $83.20 $46.54 $287.59
17 8125 $330.00 $60.49 $83.20 $46.54 $287.59
18 8125 $330.00 $60.49 $83.20 $46.54 $287.59
19 8125 $330.00 $60.49 $83.20 $46.54 $287.59
20 13454 $455.00 $100.16 $137.76 $77.07 $287.59
21 15462 $455.00 $115.11 $158.31 $88.57 $287.59
22 10588 $330.00 $78.82 $108.43 $60.65 $287:59
23 10633 $330.00 $79.16 $108.89 $60.91 $287.59
24 9674 ' $330.00 $72.02 $99.05 $55.42 $287.59
25 8695 $330.00 $64.73 $89.04 $49.81 $287.59
26 7518 $330.00 $55.97 $76.98 $43.07 $287.59
27 8002 $330.00 $59.57 $81.94 $45.84 $287.59
28 12294 $330.00 $91.52 $125.87 $70.43 $287.59
29 12562 $455.00 $93.52 $128.62 1 $71.96 $287.59
30 1 6780 $330.00 1. 50.47 $69.43 $38.84 $287.59
document: \q\print\h 20-May-05
EXHIBIT "BY' T-5258 PRORATED FEE OBLIGATIONS
T-5258 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT
Water Water Water TGM Sewer Traffic
Lot Lot Meter Frontage Bond Debt Oversize Signal
No. Area Amount Amount Amount Amount Amount
Due Due Due Due Due
31 6855 $330.00 $51.03 $70.20 $39.27 $287.59
32 8382 $330.00 $62.40 $85.83 $48.02 $287.59
33 7238 $330.00 $53.88 $74.12 $41.46 $287.59
34 6009 $330.00 $44.73 $61.53 $34.42 $287.59
35 6000 $330.00 $44.67 $61.43 $34.37 $287.59
36 6000 $330.00 $44.67 $61.43 $34.37 $287.59
37 6000 $330.00 $44.67 $61.43 $34.37 $287.59
38 6000 $330.00 $44.67 $61.43 $34.37 $287.59
39 6000 $330.00 $44.67 $61.43 $34.37 $287.59
40 6000 $330.00 $44.67 $61.43 $34.37 $287.59
41 6000 $330.00 $44.67 $61.43 $34.37 $287.59
42 6000 $330.00 $44.67 $61.43 $34.37 $287.59
43 6000 $330.00 $44.67 $61.43 $34.37 $287.59
44 6000 $330.00 $44.67 $61.43 $34.37 $287.59
45 6606 $330.00 $49.18 $67.65 . $37.84 $287.59
46 10678 $330.00 $79.49 $109.35 $61.17 $287.59
47 8360 $330.00 $62.24 $85.61 $47.89 $287.59
48 10191 $330.00 $75.87 $104.34 $58.38 $287.59
49 14329 $455.00 $106.67 $146.72 $82.08 $287.59
50 13120 $455.00 $97.67 $134.35 $75.16 $287.59
51 9209 $330.00 $68.56 $94.31 $52.75 $287.59
52 10554 $330.00 $78.57 $108.06 $60.46 $287.59
53 7939 $330.00 $59.10 $81.28 $45.48 $287.59
54 6673 $330.00 $49.68 $68.33 $38.23 $287.59
55 1 6500 $330.00 $48.39 $66.56 $37.24 $287.59
56 6442 $330.00 $47.96 $65.97 $36.90 $287.59
57 6535 $330.00 $48.65 $66.92 $37.44 $287.59
58 6380 $330.00 $47.50 $65.32 $36.55 $287.59
59 8040 $330.00 $59.85 $82.33 $46.06 $287.59
60 8199 $330.00 $61.04 $83.96 $46.97 . $287.59
61 8125 $330.00 $60.49 $83.20 $46.54 $287.59
document: \q\print\h 20-May-05
EXHIBIT 1'13.1 " T-5258 PRORATED FEE OBLIGATIONS
T-5258 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT
Water Water Water TGM Sewer Traffic
Lot Lot Meter Frontage Bond Debt Oversize Signal
No. Area Amount Amount Amount Amount Amount
Due Due Due Due Due
62 8799 $330.00 $65.50 $90.10 $50.41 $287.59
63 8800 $330.00 $65.51 $90.10 $50.41 $287.59
64 8800 $330.00 $65.51 $90.10 $50.41 $287.59
65 1 8800 $330.00 $65.51 $90.10 $50.41 $287.59
66 8761 $330.00 $65.22 $89.72 $50.19 $287.59
67 7883 $330.00 $58.68 $80.72 $45.16 $287.59
68 9232 $330.00 $68.73 $94.53 $52.89 $287.59
69 7722 $330.00 $57.49 $79.07 $44.24 $287.59
70 7547 $330.00 $56.18 $77.27 $43.23 $287.59
71 9097 $330.00 $67.72 $93.14 $52.11 $287.59
72 8856 $330.00 $65.93 $90.69 $50.73 $287.59
73 8693 $330.00 $64.71 $89.01 $49.80 $287.59
74 9344 $330.00 $69.56 $95.67 $53.53 $287.59
75 7317 $330.00 $54.47 $74.92 $41.92 $287.59
76 7517 $330.00 $55.96 $76.98 $43.06 $287.59
77 7090 $330.00 $52.78 $72.61 $40.62 $287.59
78 6779 $330.00 $50.47 $69.43 $38.83 $287.59
79 8313 $330.00 $61.89 $85.12 $47.62 $287.59
80 1 8914 $330.00 $66.36 $91.27 $51.06 $287.59
81 8552 $330.00 $63.66 $87.58 $48.99 $287.59
82 8197 $330.00 $61.02 $83.93 $46.96 $287.59
83 7410 $330.00 $55.16 $75.86 $42.45 $287.59
84 9549 $330.00 $71.09 $97.78 $54.70 $287.59
85 8843 $330.00 $65.83 $90.54 $50.66 $287.59
86 7084 $330.00 $52.74 $72.54 $40.58 $287.59
87 7992 $330.00 $59.50 $81.84 $45.78 $287.59
88 7435 $330.00 $55.35 $76.13 $42.59 $287.59
89 8790 $330.00 $65.44 $90.01 $50.35 $287.59
90 7797 $330.00 $58.04 $79.85 $44.67 $287.59
91 6986 $330.00 $52.01 $71.54 $40.02 $287.59
92 7200 $330.00 $53.60. $73.73 $41.25 1 $287.59
document: \q\print\h 20-May-05
EXHIBIT "13.2" T-5295 PRORATED FEE OBLIGATIONS
T-5295 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT
Water Water Water TGM Sewer Traffic
Lot Lot Meter Frontage Bond Debt Oversize Signal
No. Area Amount Amount Amount Amount Amount
Due Due Due Due Due
1 8125 $330.00 $102.91 $61.09 $79.09 $287.59
2 8125 $330.00 $102.91 $61.09 $79.09 $287.59
3 11868 $330.00 $150.32 $89.23 .$115.53 $287.59
4 1 14255 $455.00 $180.55 $107.19 $138.77 $287.59
5 7887 $330.00 $99.90 . $59.32 $76.78 $287.59
6 7147 $330.00 $90.52 $53.75 $69.57 $287.59
7 7150 $330.00. $90.56 $53.75 $69.60 $287.59
8 7150 $330.00 . $90.56 $53.75 $69.60 $287.59
9 7700 $330.00 $97.53 $57.91 $74.96 $287.59
10 7150 $330.00 $90.56 $53.75 $69.60 $287.59
11 7150 $330.00 $90.56 $53.75 $69.60 $287.59
12 7558 $330.00 $95.73 $56.84 $73.58 $287.59
13 8288 $330.00 $104.97 $62.33 $80.68 $287.59
14 8288 $330.00 $104.97 $62.33 $80.68 $287.59
15 8764 $330.00 $111.00 $65.90 $85.32 $287.59
16 10521 $330.00 $133.26 $79.12 $102.42 $287.59
17 7700 $330.00 $97.53 $57.91 $74.96 $287.59
18 8174 $330.00 $103.53 $61.45 $79.57 $287.59
19 8174 $330.00 $103.53 $61.45 $79.57 $287.59
20 7700 $330.00 $97.53 $57.91 $74.96 $287.59
21 1 7150 1 $330.00 1 $90.56 1 $53.75 $69.60 $287.59
document: lglprintlh 20-May-05
Tracts Nos. 5258 and 5295
P.W. File No. 10746
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on ; December 28, 2004 , in the office of the Fresno County
Recorder as Document No. 2004-0288618 of which the Deed of Trust in
by and between:
MCMILLIN SUNNYSIDE RANCH, LLC, a Delaware Limited Liability. Company as Trustor,
PRLAP, INC:
as Trustee,.
and BANK OF AMERICA,,,, NATIONAL ASSOCIATION , 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. 5258, Phase 1 of Vesting Tentative Map No. 5258 and
Tract No. 5295, Phase 1 of Vesting Tentative Map No. 5295.
DATED: —S-vim
BENEFICIARY
BANK OF AMERICA, NATIONAL ASSOCIATION
BY:
RoNAbo V. Momro¢o, sm. Vic6 pp-asiPENr
B y: 4A
CAgGA A. wcuLS; 56t d14C PizO l va-3T-
(Beneficiary to print/type document information,
Name and Title; and attach Notary
Acknowledgment)
Acknowledgment
STATE OF CALIFORNIA }
} ss .
COUNTY OF SAN DIEGO - }
On June 8, 2005 before me, Peggy J. French, Notary
Public, personally appeared RONALD V. MONTORO. and
CARLA A. WELLS, personally known to me ,or proved to me on
the basis of satisfactory evidence to be the persons whose
name are subscribed to the within instrument and
acknowledged to me that they executed the same in their
authorized capacities, and that by their signatures on the
instrument the persons, or the entity upon behalf of which
the persons acted, executed the instrument.
WITNESS my hand and official seal .
Peggy J. French
Notary Public in and for said GY J. FRENCH
County and State mrssbn n 1389660
.my Commission Expires :January 8, 2007 Notary Public _ Callfomlo
o county
Commission #1389660 M,C -
. xpheS Jan 8.2007
4