HomeMy WebLinkAboutT-5357 - Agreement/Covenant - 8/21/2006 (2) WHEN RECORDED MAIL TO:
City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603
cc
z 08/11/1886,18868173836
V NO FEE - Government Code 6103
W
U) CITY of FRESNO
Planning and Development Department
26
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 THE
FINAL MAP OF TRACT NO. 5357
Statement of Covenants
Fee Deferral
Final Map of Tract No. 5357
Page 2
RECITALS
WHEREAS, GRANTLAND AVENUE, 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 199, inclusive, of Tract No. 5357 according
to the map thereof recorded on _�isl r,?/ 20QL
in Volume Flo of Plats at Page(s) 24 S f- 6
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. 5357 (hereinafter,
"Project"), require the payment of applicable sewer connection charges, water connection
charges, traffic signal charge, 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
Statement of Covenants
Fee Deferral
Final Map of Tract No. 5357
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.
3. The Covenantor may elect to pay any of the deferred Fees prorated to each lot,
Statement of Covenants
Fee Deferral
Final Map of Tract No. 5357
Page 4
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.
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.
Statement of Covenants
Fee Deferral
Final Map of Tract No. 5357
Page 5
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 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.
Statement of Covenants
Fee Deferral
Final Map of Tract No. 5357
Page 6
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
Final Map of Tract No. 5357
Page 7
DATED: D
CITY OF FRESNO, COVENANTOR
a Municipal Corporation GRANTLAND AVENUE, LLC,
a California Limited Liability Company
By: GRANVILLE MANAGEMENT, INC
a California Corporation
By: Its Manager
Nick P. Yovino, Director
Planning and Development Department
By:
Darius Assemi, First Vice President
APPROVED AS TO FORM:
JAMES C. SANCHEZ
City Attorney
By:
Deputy
(Attach Notary Acknowledgment)
Statement of Covenants
Fee Deferral
Final Map of Tract No. 5357
Page 7
DATED:
CITY OF FRESNO, COVENANTOR
a Municipal Corporation GRANTLAND AVENUE, LLC,
a California Limited Liability Company
By: GRANVILLE MANAGEMENT, INC
�i.r a California Corporation
By: V-a4 1/� dy� Its Manager
4011-1
Nick P. Yovino, Director
Planning and Development Department By.
Darius Assemi, First rice President
APPROVED AS TO FORM:
JAMES C. SANCHEZ
City Attorney
By:
Deputy
(Attach Notary Acknowledgment)
CALIFORNIA ALL-PURPO.SE ACKNOWLEDGMENT
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State of California
County of Frgsm ss. �b
On1 ' before me, l"7s ✓� � � -/
ate Name and Title of Office;(e.g.,"Jane Doe, otary Public") � 1 J
personally appearedtrr�-S l TS �I'y21
Name(s)of Signer(s)
Vpersonally known to me
..+o. ❑ proved to me on the basis of satisfactory evidence
CHRISTINE S.LINGENFELTER to be the person(s) whose name(s) is/are subscribed
COMM.#1380$34 to the within instrument and acknowledged to me that
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NOTARY PUBLIC CALIFORNIA
FRESNO COUNTY
Y; he/she/the executed the same in his/her/their
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j YMy Comm.Expires Oct.20,2006 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.
Place Notary Seal Above `
Signature f Nota blic
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:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—El Limited El General ❑ Partner—❑ Limited ❑ General
❑ Attorney in Factffill
Top of thumb here ❑ Attorney in Fact .Top of thumb here
[I Trustee E] Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer is Representing: Signer Is Representing:
0 2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-600-876-6827
CLERK'S CERTIFICATION
State of California)
County of Fresno)
On July 26, 2006, before me, Elvia Sommerville, Deputy City Clerk, personally appeared,
Darrell Unruh, Planning Manager, 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 be 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.
REBECCA E. KLISCH
CITY CLERK, CMC
0
io
By
Deputy
EXHIBIT "A"
DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS FOR TRACT 5357
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)
174 - 1.0 inch Meters @ $ 330.00 /Meter = $ 57,420.00
4 - 1.5 inch Meters @ $ 455.00 /Meter = $ 1,820.00
C. UGM Transmission Grid Main (TGM) Charge
UGM Reimbursement Area: B
50.8492 Gross Acres @ $643.00 /ac. _ $ 32,696.04
Less amount to be paid for E.I.B.P." _ $ 3.728.63
Estimated Net Deferred UGM TGM Charge = $ 28,967.41
D. Transmission Grid Main Bond Debt Service Charge
50.8492 Gross Acres @ $243.00 /ac. _ $ 12,356.36
Less amount to be paid for E.I.B.P." _ $ 1,409.11
Estimated Net Deferred TGM Bond Debt Service Charge = $ 10.947.25
E. Frontage Fee
1,191 Lineal Feet @ $ 6.50 /LF = $ 7.741.50
Less amount to be paid for E.I.B.P." _ $ 882.73
Estimated Deferred Frontage Fee = $ 6.858.77
F. 1994 Bond Debt Service Fee
201 1994 Bond Debt Service Area.
198 Living Units @ $ 0.00/ 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. UGM Water Supply Fee
4. Wellhead Treatment Fee
5. Recharge Fee
II. SEWER CONNECTION CHARGES & SEWER RELATED CHARGES
A. UGM Oversize Sewer Charge
UGM Reimbursement Area: 19
288,100 Square Feet @ $0.05/ Sq. Ft. _ $ 28.810.00
Less amount to be paid for E.I.B.P.* _ $ 3,285.09
Estimated Deferred UGM Oversize Sewer Charge = $ 25.524.91
B. Lateral Sewer Charge
288,100 Square Feet @ $0.10 / Sq. Ft. _ $ 14.405.00
Less amount to be paid for E.I.B.P.* _ $ 1,642.55
Estimated Deferred Lateral Sewer Charge = $ 12,762.45
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
Ill. URBAN GROWTH MANAGEMENT FEES
A. UGM Fire Station Fee
Service Area: 15
50.8492 Gross Acres @ $ 807.00/GA = $ 41,035.30
Less amount to be paid for E.I.B.P.* _ $ 4.679.63
Estimated Deferred UGM Fire Station Fee = $ 36,355.67
B. UGM Neighborhood Park Fee
Service Area: 2
50.8492 Gross Acres @ $ 1,783.00 /GA = $ 90.664.12
Less amount to be paid for E.I.B.P.* _ $ 10.339.26
Estimated Deferred UGM Fire Station Fee = $ 80,324.86
C. UGM Trunk Sewer Fee (Res 83-40)
Service Area: Grantland
50.8492 Gross Acres @ $ /GA = $ N/A
D. UGM Major Street Charge
Service Area: E-4
47.2792 Net Adj Acres @ $ 3,531.00/NAA = $166,942.86
Less Estimated Major Street Credits = $222,600.00
Estimated Deferred UGM Major Street Charge = $Paid w/ Credits
E. UGM Major Street Bridge Charge
Service Area: E-4
47.2792 Net Adj Acres @ $ 196.00 /NAA = $ 9.266.72
Less amount to be paid for E.I.B.P.* _ $ 1.056.69
Estimated Deferred UGM Major Street Bridge Charge = $ 8,210.03
F. UGM Grade Separation Charge
Service Area: E-4-A
47.2792 Net Adjusted Acres @ $ /NAA = $ N/A
G. 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
IV. NON - URBAN GROWTH MANAGEMENT IMPACT FEES
A. Traffic Signal Charge
198 Living Units @ $ 414.69 / Unit = $ 82,108.62
Less Estimated Traffic Signal Credits = $ 10,100.00
Less amount to be paid for E.I.B.P.* _ $ 7,273.66
Estimated Deferred Traffic Signal Charge = $ 64,734.96
* Early Issuance of model home Building Permit.
document:\wp51\deferra1\t5357exhibitA June 12,2006
EXHIBIT"B"--PRORATED FEE OBLIGATIONS
T-5357 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT
Water Water Water Water TGM Sewer Sewer Fire Neighborhood Major Traffic
Lot Lot Meter Frontage T.G.M. Bond Debt Lateral Oversize Station Park Bridge Signal
No. Area Amount Amount Amount Amount Amount Amount Amount Amount Amount Amount
Due Due Due Due Due Due Due Due Due Due
1 8210 Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid
2 7200 Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid
3 7200 Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid
4 8400 Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid
5 1 7200 Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid
6 8225 Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid
7 14876 Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid
8 10577 $330.00 $53.13 $224.41 $84.81 $197.73 $98.86 $281.64 $622.27 $63.60 $363.68
9 7532 $330.00 $37.84 $159.79 $60.39 $140.80 $70.40 $200.54 $443.08 $45.30 $363.68
10 7080 $330.00 $35.56 $150.20 $56.76 $132.35 $66.18 $188.52 $416.51 $42.57 $363.68
11 7863 $330.00 $39.50 $166.79 $63.03 $146.99 $73.50 $209.34 $462.51 $47.28 $363.68
12 7946 $330.00 $39.91 $168.59 $63.71 $148.54 $74.27 $211.60 $467.50 $47.78 $363.68
13 7320 $330.00 $36.77 $155.28 $58.68 $136.84 $68.42 $194.89 $430.59 $44.02 $363.68
14 8350 $330.00 $41.94 $177.15 $66.95 $156.09 $78.05 $222.33 $491.22 $50.22 $363.68
15 9597 $330.00 $48.21 $203.57 $76.93 $179.41 $89.70 $255.50 $564.50 $57.70 $363.68
16 14586 Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid
17 15162 Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid
18 13205 $455.00 $66.33 $280.16 $105.88 $246.85 $123.43 $351.61 $776.85 $79.40 $363.68
19 8177 $330.00 $41.08 $173.48 $65.56 $152.86 $76.43 $217.73 $481.05 $49.18 $363.68
20 8280 $330.00 $41.59 $175.67 $66.39 $154.79 $77.39 $220.47 $487.12 $49.78 $363.68
21 8280 $330.00 $41.59 $175.67 $66.39 $154.79 $77.39 $220.47 $487.12 $49.78 $363.68
22 9660 $330.00 $48.52 $204.92 $77.44 $180.58 $90.29 $257.19 $568.24 $58.09 $363.68
23 9470 $330.00 $47.57 $200.94 $75.94 $177.03 $88.52 $252.19 $557.19 $56.94 $363.68
24 9470 $330.00 $47.57 $200.94 $75.94 $177.03 $88.52 $252.19 $557.19 $56.94 $363.68
25 8280 $330.00 $41.59 $175.67 $66.39 $154.79 $77.39 $220.47 $487.12 $49.78 $363.68
26 8280 $330.00 $41.59 $175.67 $66.39 $154.79 $77.39 $220.47 $487.12 $49.78 $363.68
27 8280 $330.00 $41.59 $175.67 $66.39 $154.79 $77.39 $220.47 $487.12 $49.78 $363.68
28 8280 $330.00 $41.59 $175.67 $66.39 $154.79 $77.39 $220.47 $487.12 $49.78 $363.68
29 8280 $330.00 $41.59 $175.67 $66.39 $154.79 $77.39 $220.47 $487.12 $49.78 $363.68
30 9422 $330.00 $47.33 $199.91 $75.55 $176.13 $88.07 $250.90 $554.33 $56.64 $363.68
31 12915 $455.00 $64.88 $273.98 $103.54 $241.43 $120.72 $343.86 $759.74 $77.66 $363.68
32 12297 $330.00 $61.77 $260.87 $98.59 $229.88 $114.94 $327.40 $723.36 $73.93 $363.68
33 12738 $455.00 $63.99 $270.25 $102.13 $238.12 $119.06 $339.18 $749.39 $76.60 $363.68
34 9290 $330.00 $46.67 $197.08 $74.48 $173.67 $86.83 $247.35 $546.49 $55.86 $363.68
35 7447 $330.00 $37.41 $157.99 $59.71 $139.21 $69.61 $198.28 $438.08 $44.79 $363.68
36 7200 $330.00 $36.17 $152.78 $57.74 $134.60 $67.30 $191.74 $423.64 $43.30 $363.68
37 7200 $330.00 $36.17 $152.78 $57.74 $134.60 $67.30 $191.74 $423.64 $43.30 $363.68
38 7200 $330.00 $36.17 $152.78 $57.74 $134.60 $67.30 $191.74 $423.64 $43.30 $363.68
39 7974 $330.00 $40.06 $169.17 $63.93 $149.07 $74.53 $212.32 $469.11 $47.94 $363.68
40 7791 $330.00 $39.14 $165.32 $62.48 $145.64 $72.82 $207.48 $458.41 $46.84 $363.68
41 7200 $330.00 $36.17 $152.78 $57.74 $134.60 $67.30 $191.74 $423.64 $43.30 $363.68
42 7200 $330.00 $36.17 $152.78 $57.74 $134.60 $67.30 $191.74 $423.64 $43.30 $363.68
43 7200 $330.00 $36.17 $152.78 $57.74 $134.60 $67.30 $191.74 $423.64 $43.30 $363.68
44 7602 $330.00 $38.19 $161.26 $60.94 $142.11 $71.06 $202.40 $447.18 $45.71 $363.68
45 9630 $330.00 $48.37 $204.28 $77.20 $180.02 $90.01 $256.38 $566.46 $57.90 $363.68
document:\q\print\h 12-Jun-06
EXHIBIT"B"--PRORATED FEE OBLIGATIONS
f-5357 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT
Water Water Water Water TGM Sewer Sewer Fire Neighborhood Major Traffic
Lot Lot Meter Frontage T.G.M. Bond Debt Lateral Oversize Station Park Bridge Signal
No. Area Amount Amount Amount Amount Amount Amount Amount Amount Amount Amount
Due Due Due Due Due Due Due Due Due Due
46 12043 $330.00 $60.49 $255.53 $96.57 $225.13 $112.57 $320.70 $708.56 $72.42 $363.68
47 12352 $330.00 $62.05 $262.02 $99.02 $230.91 $115.45 $328.85 $726.57 $74.26 $363.68
48 9597 $330.00 $48.21 $203.57 $76.93 $179.41 $89.70 $255.50 $564.50 $57.70 $363.68
49 7564 $330.00 $38.00 $160.49 $60.65 $141.40 $70.70 $201.43 $445.04 $45.47 $363.68
50 7200 $330.00 $36.17 $152.78 $57.74 $134.60 $67.30 $191.74 $423.64 $43.30 $363.68
51 7200 $330.00 $36.17 $152.78 $57.74 $134.60 $67.30 $191.74 $423.64 $43.30 $363.68
52 7200 $330.00 $36.17 $152.78 $57.74 $134.60 $67.30 $191.74 $423.64 $43.30 $363.68
53 7813 $330.00 $39.25 $165.77 $62.65 $146.06 $73.03 $208.04 $459.66 $46.98 $363.68
54 7807 $330.00 $39.22 $165.64 $62.60 $145.94 $72.97 $207.88 $459.30 $46.94 $363.68
55 8400 $330.00 $42.20 $178.24 $67.36 $157.03 $78.51 $223.70 $494.25 $50.51 $363.68
56 7200 $330.00 $36.17 $152.78 $57.74 $134.60 $67.30 $191.74 $423.64 $43.30 J $363.68
57 7200 $330.00 $36.17 $152.78 $57.74 $134.60 $67.30 $191.74 $423.64 $43.30 $363.68
58 7132 $330.00 $35.83 $151.30 $57.18 $133.33 $66.66 $189.89 $419.54 $42.88 $363.68
59 12774 $455.00 $64.17 $271.02 $102.42 $238.80 $119.40 $340.15 $751.53 $76.81 $363.68
60 11346 $330.00 $56.99 $240.74 $90.98 $212.10 $106.05 $302.14 $667.56 $68.23 $363.68
61 7124 $330.00 $35.79 $151.17 $57.13 $133.18 $66.59 $189.73 $419.18 $42.85 $363.68
62 7645 $330.00 $38.40 $162.16 $61.28 $142.92 $71.46 $203.53 $449.67 $45.96 $363.68
63 9267 $330.00 $46.55 $196.63 $74.31 $173.24 $86.62 $246.78 $545.24 $55.72 $363.68
64 8926 $330.00 $44.84 $189.36 $71.56 $166.86 $83.43 $237.66 $525.09 $53.66 $363.68
65 7200 $330.00 $36.17 $152.78 $57.74 $134.60 $67.30 $191.74 $423.64 $43.30 $363.68
66 7200 $330.00 $36.17 $152.78 $57.74 $134.60 $67.30 $191.74 $423.64 $43.30 $363.68
67 8440 $330.00 $42.40 $179.08 $67.68 $157.78 $78.89 $224.75 $496.57 $50.74 $363.68
68 7045 $330.00 $35.39 $149.43 $56.47 $131.70 $65.85 $187.55 $414.37 $42.36 $363.68
69 7276 $330.00 $36.55 $154.38 $58.34 $136.02 $68.01 $193.76 $428.10 $43.75 $363.68
70 6893 $330.00 $34.63 $146.22 $55.26 $128.86 $64.43 $183.51 $405.45 $41.45 $363.68
71 6840 $330.00 $34.36 $145.13 $54.85 $127.87 $63.93 $182.14 $402.42 $41.12 $363.68
72 6840 $330.00 $34.36 $145.13 $54.85 $127.87 $63.93 $182.14 $402.42 $41.12 $363.68
73 6840 $330.00 $34.36 $145.13 $54.85 $127.87 $63.93 $182.14 $402.42 $41.12 $363.68
74 7980 $330.00 $40.09 $169.30 $63.98 $149.18 $74.59 $212.48 $469.46 $47.98 $363.68
75 6840 $330.00 $34.36 $145.13 $54.85 $127.87 $63.93 $182.14 $402.42 $41.12 $363.68
76 6840 $330.00 $34.36 $145.13 $54.85 $127.87 $63.93 $182.14 $402.42 $41.12 $363.68
77 6840 $330.00 $34.36 $145.13 $54.85 $127.87 $63.93 $182.14 1 $402.42 $41.12 $363.68
78 7393 $330.00 $37.14 $156.83 $59.27 $138.20 $69.10 $196.83 $434.87 $44.45 $363.68
79 7559 $330.00 $37.97 $160.36 $60.60 $141.31 $70.65 $201.27 $444.68 $45.45 $363.68
80 6840 $330.00 $34.36 $145.13 $54.85 $127.87 $63.93 $182.14 $402.42 $41.12 $363.68
81 6840 $330.00 $34.36 $145.13 $54.85 $127.87 $63.93 $182.14 $402.42 $41.12 $363.68
82 6840 $330.00 $34.36 $145.13 $54.85 $127.87 $63.93 $182.14 $402.42 $41.12 $363.68
83 7980 $330.00 $40.09 $169.30 $63.98 $149.18 $74.59 $212.48 $469.46 $47.98 $363.68
84 6840 $330.00 $34.36 $145.13 $54.85 $127.87 $63.93 $182.14 $402.42 $41.12 $363.68
85 6840 $330.00 $34.36 $145.13 $54.85 $127.87 $63.93 $182.14 $402.42 $41.12 $363.68
86 6840 $330.00 $34.36 $145.13 $54.85 $127.87 $63.93 $182.14 $402.42 $41.12 $363.68
87 6840 $330.00 $34.36 $145.13 $54.85 $127.87 $63.93 $182.14 $402.42 $41.12 $363.68
88 6472 $330.00 $32.51 $137.28 $51.88 $120.99 $60.49 $172.29 $380.67 $38.91 $363.68
89 7218 $330.00 $36.26 $153.16 $57.88 $134.93 $67.47 $192.23 $424.71 $43.39 $363.68
90 6751 $330.00 $33.91 $143.20 $54.12 $126.20 $63.10 $179.72 $397.07 $40.59 $363.68
91 5365 1 $330.00 1 $26.95 $113.81 $43.01 $100.29 $50.15 $142.84 1 $315.59 $32.26 $363.68
document:\q\print\h 12-Jun-06
. EXHIBIT"B"--PRORATED FEE OBLIGATIONS
T-5357 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT
Water Water Water Water TGM Sewer Sewer Fire Neighborhood Major Traffic
Lot Lot Meter Frontage T.G.M. Bond Debt Lateral Oversize Station Park Bridge Signal
No. Area Amount Amount Amount Amount Amount Amount Amount Amount Amount Amount
Due Due Due Due Due Due Due Due Due Due
92 6600 $330.00 $33.15 $140.05 $52.93 $123.38 $61.69 $175.76 $388.34 $39.69 $363.68
93 7150 $330.00 $35.92 $151.68 $57.32 $133.66 $66.83 $190.37 $420.61 $42.98 $363.68
94 6600 $330.00 $33.15 $140.05 $52.93 $123.38 $61.69 $175.76 $388.34 $39.69 $363.68
95 7128 $330.00 $35.81 $151.23 $57.15 $133.25 $66.63 $189.81 $419.36 $42.87 $363.68
96 7281 $330.00 $36.57 $154.45 $58.37 $136.11 $68.06 $193.84 $428.28 $43.79 $363.68
97 6600 $330.00 $33.15 $140.05 $52.93 $123.38 $61.69 $175.76 $388.34 $39.69 $363.68
98 7150 $330.00 $35.92 $151.68 $57.32 $133.66 $66.83 $190.37 $420.61 $42.98 $363.68
99 6600 $330.00 $33.15 $140.05 $52.93 $123.38 $61.69 $175.76 $388.34 $39.69 $363.68
100 6600 $330.00 $33.15 $140.05 $52.93 $123.38 $61.69 $175.76 $388.34 $39.69 $363.68
101 6500 $330.00 $32.65 $137.92 $52.12 $121.51 $60.76 $173.10 $382.45 $39.08 $363.68
102 7236 $330.00 $36.35 $153.48 $58.00 $135.27 $67.63 $192.63 $425.60 $43.51 $363.68
103 7700 $330.00 $38.68 $163.39 $61.75 $143.94 $71.97 $205.06 $453.06 $46.30 $363.68
104 7072 $330.00 $35.52 $150.01 $56.69 $132.20 $66.10 $188.27 $415.97 $42.53 $363.68
105 7072 $330.00 $35.52 $150.01 $56.69 $132.20 $66.10 $188.27 1 $415.97 $42.53 $363.68
106 6600 $330.00 $33.15 $140.05 $52.93 $123.38 $61.69 $175.76 $388.34 $39.69 $363.68
107 6600 $330.00 $33.15 $140.05 $52.93 $123.38 $61.69 $175.76 $388.34 $39.69 $363.68
108 7700 $330.00 $38.68 $163.39 $61.75 $143.94 $71.97 $205.06 $453.06 $46.30 $363.68
109 6600 $330.00 $33.15 $140.05 $52.93 $123.38 $61.69 $175.76 $388.34 $39.69 $363.68
110 6600 $330.00 $33.15 $140.05 $52.93 $123.38 $61.69 $175.76 $388.34 $39.69 $363.68
111 7188 $330.00 $36.11 $152.52 $57.64 $134.37 $67.19 $191.42 $422.93 $43.22 $363.68
112 7408 $330.00 $37.21 $157.15 $59.39 $138.49 $69.24 $197.23 $435.77 $44.55 $363.68
113 6600 $330.00 $33.15 $140.05 $52.93 $123.38 $61.69 $175.76 $388.34 $39.69 $363.68
114 6600 $330.00 $33.15 $140.05 $52.93 $123.38 $61.69 $175.76 $388.34 $39.69 $363.68
115 7700 $330.00 $38.68 $163.39 $61.75 $143.94 $71.97 $205.06 $453.06 $46.30 1 $363.68
116 6600 $330.00 $33.15 $140.05 $52.93 $123.38 $61.69 $175.76 $388.34 $39.69 $363.68
117 6600 $330.00 $33.15 $140.05 $52.93 $123.38 $61.69 $175.76 $388.34 $39.69 $363.68
118 7072 $330.00 $35.52 $150.01 $56.69 $132.20 $66.10 $188.27 $415.97 $42.53 $363.68
119 7072 $330.00 $35.52 $150.01 $56.69 $132.20 $66.10 $188.27 $415.97 $42.53 $363.68
120 7593 $330.00 $38.14 $161.07 $60.87 $141.94 $70.97 $202.15 $446.64 $45.65 $363.68
121 6930 $330.00 $34.81 $147.05 $55.57 $129.55 $64.77 $184.56 $407.77 $41.67 $363.68
122 6127 $330.00 $30.78 $130.01 $49.13 $114.54 $57.27 $163.18 $360.52 $36.85 $363.68
123 6445 $330.00 $32.37 $136.77 $51.69 $120.48 $60.24 $171.65 $379.24 $38.75 $363.68
124 6840 $330.00 $34.36 $145.13 $54.85 $127.87 $63.93 $182.14 $402.42 $41.12 $363.68
125 6840 $330.00 $34.36 $145.13 $54.85 $127.87 $63.93 $182.14 $402.42 $41.12 $363.68
126 7980 $330.00 $40.09 $169.30 $63.98 $149.18 $74.59 $212.48 $469.46 $47.98 $363.68
127 6840 $330.00 $34.36 $145.13 $54.85 $127.87 $63.93 $182.14 $402.42 $41.12 $363.68
128 6840 $330.00 $34.36 $145.13 $54.85 $127.87 $63.93 $182.14 $402.42 $41.12 $363.68
129 6840 $330.00 $34.36 $145.13 $54.85 $127.87 $63.93 $182.14 $402.42 $41.12 $363.68
130 7980 $330.00 $40.09 $169.30 $63.98 $149.18 $74.59 $212.48 $469.46 $47.98 $363.68
131 6840 $330.00 $34.36 $145.13 $54.85 $127.87 $63.93 $182.14 $402.42 $41.12 $363.68
132 7393 $330.00 $37.14 $156.83 $59.27 $138.20 $69.10 $196.83 $434.87 $44.45 $363.68
133 7558 $330.00 $37.97 $160.36 $60.60 $141.29 $70.64 $201.27 $444.68 $45.45 $363.68
134 6840 $330.00 $34.36 $145.13 $54.85 $127.87 $63.93 $182.14 $402.42 $41.12 $363.68
135 7980 $330.00 $40.09 $169.30 1 $63.98 $149.18 $74.59 $212.48 $469.46 $47.98 $363.68
136 6840 $330.00 $34.36 $145.13 $54.85 $127.87 $63.93 $182.14 $402.42 $41.12 $363.68
137 6840 $330.00 1 $34.36 $145.13 $54.85 $127.87 1 $63.93 $182.14 $402.42 $41.12 $363.68
document:\q\print\h 12-Jun-06
EXHIBIT"B"--PRORATED FEE OBLIGATIONS
i •
• T-5357 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT
Water Water Water Water TGM Sewer Sewer Fire Neighborhood Major Traffic
Lot Lot Meter Frontage T.G.M. Bond Debt Lateral Oversize Station Park Bridge Signal
No. Area Amount Amount Amount Amount Amount Amount Amount Amount Amount Amount
Due Due Due Due Due Due Due Due Due Due
138 6840 $330.00 $34.36 $145.13 $54.85 $127.87 $63.93 $182.14 $402.42 $41.12 $363.68
139 7980 $330.00 $40.09 $169.30 $63.98 $149.18 $74.59 $212.48 $469.46 $47.98 $363.68
140 6840 $330.00 $34.36 $145.13 $54.85 $127.87 $63.93 $182.14 $402.42 $41.12 $363.68
141 6863 $330.00 $34.47 $145.58 $55.02 $128.30 $64.15 $182.70 $403.67 $41.26 $363.68
142 7077 $330.00 $35.55 $150.14 $56.74 $132.30 $66.15 $188.43 $416.33 $42.55 $363.68
143 6156 $330.00 $30.92 $130.59 $49.35 $115.08 $57.54 $163.90 $362.13 $37.02 $363.68
144 6320 $330.00 $31.75 $134.07 $50.67 $118.15 $59.07 $168.26 $371.76 $38.00 $363.68
145 6481 $330.00 $32.56 $137.47 $51.95 $121.16 $60.58 $172.54 $381.21 $38.96 $363.68
146 6599 $330.00 $33.15 $139.98 $52.90 $123.36 $61.68 $175.68 $388.16 $39.67 $363.68
147 7700 $330.00 $38.68 $163.39 $61.75 $143.94 $71.97 $205.06 $453.06 $46.30 $363.68
148 6600 $330.00 $33.15 $140.05 $52.93 $123.38 $61.69 $175.76 $388.34 $39.69 $363.68
149 7072 $330.00 $35.52 $150.01 $56.69 $132.20 $66.10 $188.27 $415.97 $42.53 $363.68
150 7072 $330.00 $35.52 $150.01 $56.69 $132.20 $66.10 $188.27 $415.97 $42.53 $363.68
151 6600 $330.00 $33.15 $140.05 $52.93 $123.38 $61.69 $175.76 $388.34 $39.69 $363.68
152 7700 $330.00 $38.68 $163.39 $61.75 $143.94 $71.97 $205.06 $453.06 $46.30 $363.68
153 6674 $330.00 $33.53 $141.59 $53.51 $124.76 $62.38 $177.70 $392.62 $40.12 $363.68
154 6934 $330.00 $34.83 $147.12 $55.60 $129.62 $64.81 $184.64 $407.95 $41.69 $363.68
155 6452 $330.00 $32.41 $136.89 $51.73 $120.61 $60.31 $171.81 $379.60 $38.79 $363.68
156 7278 $330.00 $36.56 $154.38 $58.34 $136.05 $68.03 $193.76 $428.10 $43.77 $363.68
157 6620 $330.00 $33.25 $140.43 $53.07 $123.75 $61.88 $176.25 $389.41 $39.81 $363.68
158 8209 $330.00 $41.24 $174.19 $65.83 $153.46 $76.73 $218.62 $483.01 $49.35 $363.68
159 7727 $330.00 $38.81 $163.90 $61.94 $144.45 $72.22 $205.70 $454.49 $46.45 $363.68
160 8290 $330.00 $41.64 $175.86 $66.46 $154.97 $77.49 $220.71 $487.65 $49.84 $363.68
161 9805 $330.00 $49.25 $208.01 $78.61 $183.29 $91.65 $261.06 $576.80 $58.96 $363.68
162 9148 $330.00 $45.95 $194.06 $73.34 $171.01 $85.51 $243.55 $538.11 $55.00 $363.68
163 9483 $330.00 $47.64 $201.19 $76.03 $177.28 $88.64 $252.51 $557.90 $57.02 $363.68
164 7346 $330.00 $36.90 $155.86 $58.90 $137.33 $68.66 $195.62 $432.20 $44.18 $363.68
165 8235 $330.00 $41.37 $174.70 $66.02 $153.95 $76.97 $219.26 $484.44 $49.51 $363.68
166 7475 $330.00 $37.55 $158.56 $59.92 $139.74 $69.87 $199.01 $439.69 $44.94 $363.68
167 7475 $330.00 $37.55 $158.56 $59.92 $139.74 $69.87 $199.01 $439.69 $44.94 $363.68
168 7972 $330.00 $40.05 $169.11 $63.91 $149.03 $74.51 $212.24 $468.93 $47.94 $363.68
169 7989 $330.00 $40.13 $169.49 $64.05 $149.35 $74.67 $212.73 $470.00 $48.04 $363.68
170 6743 $330.00 $33.87 $143.07 $54.07 $126.05 $63.03 $179.56 $396.72 $40.55 $363.68
171 11573 $330.00 $58.13 $245.50 $92.78 $216.35 $108.17 $308.11 $680.75 $69.58 $363.68
172 9997 $330.00 $50.22 $212.06 1 $80.14 $186.88 $93.44 $266.15 $588.03 $60.11 $363.68
173 12091 $330.00 $60.74 $256.49 $96.93 $226.03 $113.01 $321.91 $711.24 $72.70 $363.68
174 7469 $330.00 $37.52 $158.44 $59.88 $139.63 $69.81 $198.84 $439.33 $44.90 $363.68
175 6686 $330.00 $33.59 $141.85 $53.61 $124.99 $62.49 $178.02 $393.33 $40.20 $363.68
176 6600 $330.00 $33.15 $140.05 $52.93 $123.38 $61.69 $175.76 $388.34 $39.69 $363.68
177 6600 $330.00 $33.15 $140.05 $52.93 $123.38 $61.69 $175.76 1 $388.34 $39.69 $363.68
178 6600 $330.00 $33.15 $140.05 $52.93 $123.38 $61.69 $175.76 $388.34 $39.69 $363.68
179 6600 $330.00 $33.15 $140.05 $52.93 $123.38 $61.69 $175.76 $388.34 $39.69 $363.68
180 6600 $330.00 $33.15 $140.05 $52.93 $123.38 $61.69 $175.76 $388.34 $39.69 $363.68
181 7700 $330.00 $38.68 $163.39 $61.75 $143.94 $71.97 $205.06 $453.06 $46.30 $363.68
182 6600 $330.00 $33.15 $140.05 $52.93 $123.38 $61.69 $175.76 $388.34 $39.69 $363.68
183 1 6600 $330.00 $33.15 $140.05 $52.93 $123.38 $61.69 $175.76 $388.34 $39.69 $363.68
document:\q\print\h 12-Jun-06
EXHIBIT"B"--PRORATED FEE OBLIGATIONS
f-5357 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT
Water Water Water Water TGM Sewer Sewer Fire Neighborhood Major Traffic
Lot Lot Meter Frontage T.G.M. Bond Debt Lateral Oversize Station Park Bridge Signal
No. Area Amount Amount Amount Amount Amount Amount Amount Amount Amount Amount
Due Due Due Due Due Due Due Due Due Due
184 6576 $330.00 $33.03 $139.53 $52.73 $122.93 $61.47 $175.12 $386.91 $39.53 $363.68
185 6507 $330.00 $32.69 $138.05 $52.17 $121.64 $60.82 $173.26 $382.81 $39.12 $363.68
186 6480 $330.00 $32.55 $137.47 $51.95 $121.14 $60.57 $172.54 $381.21 $38.96 $363.68
187 8603 $330.00 $43.21 $182.55 $68.99 $160.82 $80.41 $229.11 $506.19 $51.72 $363.68
188 8061 Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid
189 7200 Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid
190 8400 Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid
191 7200 Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid
192 7200 Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid
193 8400 Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid
194 7200 Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid
195 7200 Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid
196 8400 Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid
197 7200 Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid
198 8210 Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid
locument:\q\print\h 12-Jun-06
. Tract No. 5357/UGM
P.W. File No. 10962
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on l�l.in� lP, xGo, 5 in the office of the Fresno County
Recorder as Document No. o2UU5 Cil. 3�� 5 of which the Deed of Trust in
by and between:_ 0,11J 6rpL'hcZ�a., Z-
as Trustor, F;t)an 0,t/ 62q aQ
as Trustee, and ! j/ CONI ",10 7�r, 70af�r�l�s2
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
the Final Map of Tract No. 5357.
DATED: �l!Iy 7/ 0WO&
BENEFICIARY
Thorna.S C. Walker V
lffluai C ��� Com an �
r
(Beneficiary to print/type Name and Title;
and attach Notary Acknowledgment)
CALIF,ORNIA ALL-PURPOSE ACKNOWLEDGMENT
;�.�ec:�.E-c,c�=e,�r,�:r,�r
State of Calirnia
ss.
County of
On 1JJjAj before me, 7 t1a
e il
Ddte Name and Title of Officer(e.g.,"Jany D e,Notary Public")
personally appeared ��nwn well
Name(s)of Signer(s)
Wersonally known to me
❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed
CHRISTINE S.LINGENFELTER to the within instrument and acknowledged to me that
COMM.#1380834 i he/she/they executed the same in his/her/their
NOTARY PUBLIC•CALIFORNIA L-
~ FRESNO COUNTY authorized capacity(ies), and that by his/her/their
tiN Comm.Expires Oct.20,200 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.
Place Notary Seal Above
Signature of Notary Plic
OPTIONAL A77�__
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:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General _ ElPartner—ElLimited ElGeneral
❑ Attorneyin Fact .
Top of thumb here ❑ Attorney in Fact Top of thumb here
❑ Trustee ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
0 2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827