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HomeMy WebLinkAboutPM 1995-24 - Agreement/Covenant - 8/15/2006 OEAITRAL TITLE COMPANY RECORDED IN OFFICIAL OF 17023462 F ESNO COUNTY FO IA MU,To: CM MIN PA M CITY OF FRESNO DEVIIAPNI Wr DEPARTM01fr FEB 19 1997 2600 Frmo Scrod FRESNO CA 93721-604 FRESNO COUNTY,CALIFORNIA PLEASE CQNFOF3tMI1IAM C.GREENWOOD,County Recorder EFEE S . Li:ii;Y:: - . . ... 1BOVE.SPACE f.OR.RECORDER S USE: PARCEL MAP AGREEMENT AND DEFERMENT OF MONUMIENTATION City of PUBLIC WORKS DEPARTMENT 2600 FRESNO STREET FRESNO, CALIFORNIA 93721-3616 (209) 498-1602 Parcel MapNo. 95-24 P.W. File No. 5494-95-24 SP No. 95-147 THIS AGREEMENT is made this 4th day of February , 19 97 , by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called the "City," and DEMCO, a California Corporation, 531 East Wrenwood Avenue, Suite 108, Fresno, California, 93710, hereinafter designated and called the "Owner," without regard for number or Gender. R Parcel Map Agreement No. 95-24 Deferment of Monumentation Page 2 RECITALS Owner has filed with City a certain parcel map of a proposed division of land owned by Owner and located within the corporate limits of City, dividing into eight parcels the real property situated in the City of Fresno, County of Fresno, State of California, entitled Parcel Map No. 95-24 and described in the attached Exhibit "A," which is incorporated herein as though set forth in full. Owner has requested that the requirement to set right-of-way property corners be deferred for one year or until occupancy of any structure thereon, and has requested approval of said map by the Engineer and by the Director of the Development Department, all as required by the Fresno Municipal Code. THEREFORE, City and Owner agree as follows: AGREEMENT In consideration of approval of Parcel Map No. 95-24 for filing and recording as provided and required by law, the Owner shall cause the work hereinafter specified to be performed by a Registered Civil Engineer or Licensed Land Surveyor within one year of the date of recordation of said map or prior to issuance of any certificate of occupancy for any structure thereon, whichever is earlier, to the satisfaction of the Engineer. 1. Wherever used in this agreement, the following words and phrases shall have the meaning herein given, unless the context requires a different meaning: a. "Engineer" shall mean the City Engineer of the City of Fresno or, in the alternative at the election of the City, the Public Works Director of the City. b. "Standard Specifications" shall mean the City of Fresno Standard Specifications, adopted September 11, 1984, by Resolution No. 84-361, by the Council of the City of Fresno, including attached details and amendments thereto. Parcel Map Agreement No. 95-24 Deferment of Monumentation Page 3 C. "Division" shall mean and include the real property shown and described on the parcel map as being divided into parcels, including street areas of adjacent existing public streets to the centerlines thereof. d. "Work" shall mean the placement of monuments as shown on said map. 2. The work the Owner shall cause to be done is shown on Exhibit "A," and detailed on Exhibit "B." 3. All of the work shall be performed in strict accordance with said map and with the Standard Specifications, incorporated herein as though set forth in full. All of said work shall also comply with the requirements of Chapter 12, Articles 10 and 12 of the Fresno Municipal Code. 4. Prior to the approval by the Director of the Development Department of said (final) parcel map, Subdivider shall furnish to the City: a. Performance security in the sum of One Thousand Two Hundred Seventy and 00/100 Dollars ($ 1,270.00), which is equal to 100% of the total estimated cost of the work requirement, shall be in the form of a bond or irrevocable instrument of credit; all to be conditioned upon the faithful performance of this agreement; and b. Payment security in the sum of Six Hundred Thirty-Five and 00/100 Dollars ($ 635.00), which is equal to 50% of the total estimated cost of the work required to secure payment to all parties performing work on said improvements and all persons furnishing labor, materials, or equipment to them for said improvements. Bonds shall be by one or more duly authorized corporate sureties subject to the approval of City and on forms furnished by City. 5. Time is of the essence of this Agreement. The provisions contained in this Agreement are intended by the parties to run with the land, and the same shall bind and inure to the benefit of the parties hereto, their heirs, successors in interest, and assigns. Parcel Map Agreement No. 95-24 Deferment of Monumentation Page 4 CITY OF FRESNO, OWNER a Municipal Corporation DEM , a Calif 'a C rporation By; By Corine E. Demetreos, President/Secretary /Raymond G. Salazar, DireAr Public Works Department (Attach Notary Acknowledgment) APPROVED AS TO FORM: HILDA CANTfJ MONTOY City Atto By Deputy Parcel Map Agreement No. 95-24 Deferment of Monumentation Page 5 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) ss. COUNTY OF FRESNO ) On February 4 , 1996, before me, Elvia Sommerville personally appeared Raymond G. Salazar, Dir. personally known to me (or provided to me on the basis of satisfactory evidence) to be the persons(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument(s) the person(s), or the entity upon behalf of the CITY OF FRESNO of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. REBECCA E. KLISCH CITY CLERK 0 D By DEPUTY BJW:bjw FP95-24.DOC Parcel Map Agreement No. 95-24 Deferment of Monumentation Page 6 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on September 20, 1995, in the office of the Fresno County Recorder in Document No. 95119816 of which the Deed of Trust in by and between The Carl J. Limata Co., Inc., a California corporation as Trustor, American Title Insurance Company, a Florida corporation, as Trustee, and George Gemanis and Margaret Gemanis, Husband and Wife, as Joint Tenants, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Parcel Map Agreement and Deferment of Monumentation for Parcel Map No. 95-24. DATED: �1 y , 19� George Gemanis and Margaret Gemanis, Husband and Wife, as Joint Tenants By: George emanis By Maz et Gemanis Attach Notary Acknowledgement) Parcel Map Agreement No. 95-24 Deferment of Monumentation Page 7 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on September 20, 1995, in the office of the Fresno County Recorder in Document No. 95119817 of which the Deed of Trust in by and between The Carl J. Limata Co., Inc., a California corporation as Trustor, American Title Insurance Company, a Florida corporation, as Trustee, and Anastasia Leach, Trustee of the Anastasia Leach Living Trust, May 9, 1991, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Parcel Map Agreement and Deferment of Monumentation for Parcel Map No. 95-24. DATED: Anastasia Leach Living Trust, May 9, 1991 By: 7 4LX��' (Attach Notary Acknowledgement) Parcel Map Agreement No. 95-24 Deferment of Monumentation Page 8 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on September 20, 1995, in the office of the_Fresno County Recorder in Document No. 95119818 of which the Deed of Trust in by and between The Carl J. Limata Co., Inc., a California corporation as Trustor, American Title Insurance Company, a Florida corporation, as Trustee, and Anchor Associates, a California General Partnership, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Parcel Map Agreement and Deferment of Monumentation for Parcel Map No. 95-24. DATED: 1� , 19 Anchor Associates, a California General Partnership B By: (Attach Notary Acknowledgement) Parcel Map Agreement No. 95-24 Deferment of Monumentation Page 9 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on September 20, 1995, in the office of the Fresno County Recorder in Document No. 95119819 of which the Deed of Trust in by and between The Carl J. Limata Co., Inc., a California corporation as Trustor, American Title Insurance Company, a Florida corporation, as Trustee, and Anchor Associates, a California General Partnership, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Parcel Map Agreement and Deferment of Monumentation for Parcel Map No. 95-24. DATED: u , 19 Anchor Associates, a California General Partnership By: By: (Attach Notary Acknowledgement) Parcel Map Agreement No. 95-24 Deferment of Monumentation Page 10 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on September 20, 1995, in the office of the Fresno County Recorder in Document No. 95119820 of which the Deed of Trust in by and between The Carl J. Limata Co., Inc., a California corporation as Trustor, American Title Insurance Company, a Florida corporation, as Trustee, and Scott Lauritzen Mathias, a California corporation, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Parcel Map Agreement and Deferment of Monumentation for Parcel Map No. 95-24. DATED: , 19�V Scott Lauritzen Mathias, a California corporation By: By. (Attach Notary Acknowledgement) Parcel Map Agreement No. 95-24 Deferment of Monumentation Page 11 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on September 20, 1995, in the office of the Fresno County Recorder in Document No. 95119821 of which the Deed of Trust in by and between The Carl J. Limata Co., Inc., a California corporation as Trustor, American Title Insurance Company, a Florida corporation, as Trustee, and Mathias & Co., Inc., a California Corporation, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Parcel Map Agreement and Deferment of Monumentation for Parcel Map No. 95-24. DATED: /° , 19 fo Mathias & Co., Inc., a California Corporation By. By: (Attach Notary Acknowledgement) Parcel Map Agreement No. 95-24 Deferment of Monumentation Page 12 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on September 20, 1995, in the office of the Fresno County Recorder in Document No. 95119822 of which the Deed of Trust in by and between The Carl J. Limata Co., Inc., a California corporation as Trustor, American Title Insurance Company, a Florida corporation, as Trustee, and Scott Lauritzen Mathias, a California corporation, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Parcel Map Agreement and Deferment of Monumentation for Parcel Map No. 95-24. DATED: � 19 G " Scott Lauritzen Mathias, a California corporation (Attach Notary Acknowledgement) Parcel Map Agreement No. 95-24 Deferment of Monumentation Page 13 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on September 20, 1995, in the office of the Fresno County Recorder in Document No. 95119823 of which the Deed of Trust in by and between The Carl J. Limata Co., Inc., a California corporation as Trustor, American Title Insurance Company, a Florida corporation, as Trustee, and Brett Fugman, a married man, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Parcel Map Agreement and Deferment of Monumentation for Parcel Map No. 95-24. 1 � v DATED: , 19 Brett Fugman, a married man B (Attach Notary Acknowledgement) J STATE OF ARIZONA ) ss. County of Pima ) This instrument was acknowledged and executed before me this 12th day of November , 19 96 by Anastasia Leach, as Trustee of the Anastasia Leach Living Trust, Dated May 9, 1991 . My Commission Expires: OFFICIALSEAL Notary Public SUSAN M.SCOTT Notary Pubic-Stere of Arizona PIMA COUNTY i1#yCwuis*n E#u Feb.f4.t991 State of California ) s.s. County of Fresno ) On November 18, 1996, before me, J. N. Brown, personally appeared Gary Mathias, _X_ personally known to me or _=_ proved to me on the basis of satisfactory evidence) to be the person (s) whose names(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 signatures(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. J.N.BROWN CONN.#1038293 � C7 © NOTARY F`UBW-CALIFORNIA Public ~ ' FRESNO COUNTY N ,,H/ My Comm.Expires Sept.23,1998 State Of California RIGHT THUMBPRINT(Optional) County Of Fresno 3 On Nov. 21, 1996 before me, Divonna Swan IDATEI INAMEITITLE OF OFFICER-i.e.'JANE DOE,NOTARY PUBLIC'( personally appeared Joe Pickett, Jr, and Jack K. Wise INAMEIS)OF SIGNERIS)l CAPACITY CLAIMED BY SIGNER(S) ❑INDIVIDUAL(S) ❑CORPORATE ® personally known to me -OR- 0 roved to me on the OFFICER(S) mTUEA basis of satisfactory 29PARTNERIS) OLIMITED evidence to be the XIGENERAL person(s) whose name(s) OATTORNEY IN FACT Is/are subscribed to the OTRUSTEE(S) within instrument and ❑GUARDIAN/CONSERVATOR acknowledged to me that ❑OTHER: he/she/they executed the same in his/her/their authorized capacity(ies), SIGNER IS REPRESENTING: and that by his/her/their (Name of Person(s)or Entity(ies) signature(s) on the instrument the person(s), or the entity upon behalf ,•��RT DIVONNA SWAN m of which the person(s) COMM.#1022343 acted, executed the cc • NOTARY PUBLIC-CALIFORNIA instrument. RIGHT THUMBPRINT(Optional) i z P FRESNO COUNTY RINCIPAL OFFICE N m C�li3Op � M Commission EIS.June 13,1998 r Witness my hand and official seal. e 3 I (SEAL) J o (SIGNATURE OF NOTARY) it CAPACITY CLAIMED BY SIGNER(S) OINDIVIDUALIS) ❑CORPORATE ATTENTION NOTARY OFFICERIS) The information requested below and in the column to the right is OPTIONAL. rt'T Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any OPARTNERIS) OLIMrrED unauthorized document. OGENERAL ❑ATTORNEY IN FACT THIS CERTIFICATE TitleorTypeofDocumertt Subordination — Parcel Map Agreemt. OTRUSTEEIS) li MUST BE ATTACHED Parcel Map No. 95-24 OGUARDIAN/CONSERVATOR i TO THE DOCUMENT Number of Pages Date of Document OOTHER: DESCRIBED AT RIGHT: Signerls)Other Than Named Above SIGNER IS REPRESENTING: IName of Personls)or Entityries) II (i II WOLCOTTS FORM 83240 Rev.3-94(price den 8-2A) 01884 WOLCOTTS FORMS,INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION/TWO FINGERPRINTS IIIIINII VIII I III II I I 7 67775 63240 8 State of California ) s.s. County of Fresno ) On November 21, 1996, before me, J. N. Brown, personally appeared Brett D. Fugman, _ personally known to me or _X_ proved to me on the basis of satisfactory evidence) to be the person (s) whose names(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 signatures (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. BROWN a COIMNI. #1033293 —i No a ublic c7c � NOTARY PUBLIC-CALIFORNIA ~" FREaNO COUNTY " hpna i1y Comm.Expires Sept 23,199E State of California ) s.s. County of Fresno ) On November 22, 1996, before me, J. N. Brown, personally appeared George Gemanis and Margaret Gemanis, personally known to me or _X_ proved to me on the basis of satisfactory evidence) to be the person (s) whose names(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 signatures (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. BRO:^.%ry CCh1M. #103^293 Nota P lic �Ql=`� .� -!��NOTARY PUBLIC-C;G � Co rmR FRES, 11111-O ,q 6� #1033293 -1 OL RY PUBLIC-CAUFCR;IA FRESNO CCU'NTY MY Cclm.Expires Sept.23,1998 State of California ) s.s. County of Fresno ) On November 25, 1996, before me, J. N. Brown, personally appeared Corine E. Demetreos and Stergeos Demetreos, III, personally known to me or proved to me on the basis of satisfactory evidence) to be the person (s) whose names (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 signatures(s) on the instrument the person(s) , or the entity upon behalf of which the person(s) acted, executed the instrument. Witness m hand and official seal. .. ^ J. N. BRO;'G•; p COMM-#1038293 m NOTARY PUBLIC-CALIFORNIA ~ R " FR SNO COUNTY Comm,cxnires!z of 23,1993[> Nota lic State of California ) s.s. County of Fresno ) On November 26, 1996, before me, J. N. Brown, personally appeared William M. Scott, _X_ personally known to me or proved to me on the basis of satisfactory evidence) to be the person (s) whose names(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 signatures (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. �w. J. N. BROWN u COMM.41038293 —+ NO y Public _ NOTARY PUBLIC.CALIFORNIA FRESNO COUNTY �- x pN` My Comm.Expires Sept 23,1998 State of California ) s.s. County of Fresno ) On Nov. 26,1996, before me, J. N. Brown, personally appeared Nita L. Mathias, _x_ personally known to me or _=_ proved to me on the basis of satisfactory evidence) to be the person (s) whose names(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 signatures(s) on the instrument the person(s) , or the entity upon behalf of which the person(s) acted, executed the instrument. ;Witne7y hand and official seal. J. N. BROWN mNOTARY^PUBLIC.CAUFORM. NAe • FRESNO COUNTY A My Comm.Expires Sept 23,1998 ry Public EXHIBIT "A" The West 208.71 feet of the South 208.71 feet of Lot 71 of Perrin Colony No. 2 in the City of Fresno, County of Fresno, State of California, according to the amended map thereof recorded in Volume 4 Page 68 of Plats, in the Office of the County Recorder of said County. Together with that portion of said Lot 71 being more particularly described as follows: Beginning at a point on the South line of said Lot 71, said point being 208.71 feet East of the Southwest corner of said Lot 71; thence North 00°16'45" East, parallel with and 208.71 feet East of the West line of said Lot 71, a distance of 191.13 feet to a point on the centerline of North Millbrook Avenue; thence South 50°52'35" East, along said centerline, a distance of 302.31 feet to a point on said South line of Lot 71; thence South 89°54'35" West, along said South line a distance of 235.46 feet to the point of beginning. Also together with that portion of said Lot 71 being more particularly described as follows: Beginning at a point on the West line of said Lot 71, said point being 208.71 feet North of the Southwest corner of said Lot 71; thence North 00°16'45" East, along said West line of Lot 71, a distance of 5.57 feet to the point of curvature of a curve, concave to the Southeast, having a radius of 86.88 feet; thence Northeasterly along said curve, through an interior angle of 56°04'00", an arc distance of 85.02 feet to the point of tangency; thence North 56°20'45" East, a distance of 51.49 feet to a point on the centerline of North Millbrook Avenue, said centerline being a non-tangent curve, concave to the Northeast, having a radius of 550.00 feet (the radial at said pint bears South 53°13'09" West); thence Southeasterly along said curve and said centerline, through an interior angle of 14005,44" an arc distance of 134.97 feet to the point of tangency; thence continuing along said centerline, South 50°52'35" East a distance of 13.22 feet; thence South 89°54'35" West parallel with and 208.71 feet North of the South line of said Lot 71, a distance of 185.34 feet to the true point of beginning. \ LEGEND O INDICATES 5ET PROPERTY / \ CORNER MONUMENT NOT TO SCALE l� P� U U 7 PARCEL H COMMON AREA � 0t `\ v F-- QP�U� -q \ NOTES -------------------------------------- 1. ALL WORK SHALL 6E 2. WORK SHALL 6E PERFORMED PERFORMED IN ACCORDANCE 5Y A REG 15TERED CIVIL WITH EX 15T I NG CITY OF ENGINEER OR LICENSED LAND FRESNO STANDARD SURVEYOR, SPEC I F I CAT I ON5 ENGINEEF�S ESTIMATE ---------------------------- 5ET PROPERTY CORNERS 14 CORNERS 0 $ 50.00 EA $ 700.00 CONTINGENCIES $ 70.00 PREPARE RECORD OF SURVEY $ 500.00 ------------- TOTAL ESTIMATED C05T $ 1,270.00 REF. & REV. CITY OF FRESNO - DEVELOPMENT DEPARTMENT ENGINEERING SERVICES DIVISION - LAND DIVISION SECTION DR. BY: a-J.W. SKEET NO. 1 EXHIBIT R B " CH. BY: 5-J-W- OF 1 SHEETS DATE: 051071'Vo PARCEL MAP AGREEMENT NO. 95-24-A SCAU N.T.S. FU NO. 5494 FP95-24DWG