The URL can be used to link to this page

Home My WebLink AboutPM 1996-03 - Agreement/Covenant - 8/10/2006 .96061453 RECORDED AT REQUEST QF CENTRAL TITLE�GPMPAT )(tyCITY OF FRESNO kst: N. PAST m DEVEWnUM DEPARTNIENT 2M FTVM0 Stred FRESNO CA"MI-MN MAY 14 199G FRESNO COUNTY. CALIFORNIA WILLIAM C.GREENWOOD.County Recorder Pgj2ita Qhiqonti INFEE 7. x ..................................... ............... ... . ............ ...... MR.R RU W S .........` ..... ...... PARCEL MAP A AND DEFEinww OF MO NTATION City,of PUBLIC WORKS DEPARTMENT 2600 FRESNO STREET FRESNO, CALIFORNIA 93721-3616 (209)498-1602 Parcel Map No. 96-03 Phase H Tentative Parcel Map No. 92-26 P.W. File No. 5494 CUP No. 94-35 THIS AGREEMENT is made this day of 19-9,4, ,by and between the City of Fresno, a Municipal Corporation, hereinafter designated an the "City," and SCOTT ET I S ENTERPRISES, A GENERAL PARTNERSHIP and THOMASON PROPERTIES, A GENERAL PARTNERSHIP, 4270 North Blackstone Avenue, Suite 301, Fresno, California, 93726, hereinafter designated and called the -Owner,* without regard for number or Gender. Parcel Map Agreement No. 96-03 Phase ll of Tentative Parcel Map No. 92-26 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 two parcels the real property situated in the City of Fresno, County of Fresno, State of California, entitled Parcel Map No. 96-03, Phase II of Tentative Parcel Map No. 92-26 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 comers 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. 96-03 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 March 5, 1970, by the Council of the City of Fresno, including attached details and amendments thereto. Parcel Map Agreement No. 96-03 Phase II of Tentative Parcel Map No. 92-26 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 Two Thousand Nine Hundred Twenty and 00/100 Dollars ($ 2,920.00), 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 One Thousand Four Hundred Sixty and 00/100 Dollars ($ 1,460.00), 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 fiunishing 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. 96-03 Phase H of Tentative Parcel Map No. 92-26 Page 4 CITY OF FRESNO, OWNER a Municipal Corporation SCOTT ELLIS ENTERPRISES, A GENERAL PARTNERSHIP BY: WWE&T HANFORD,a California Limited Partnership, ByL' ,eas Partner Raymond G. Salazar, D' for WWE&T SIERRA GRANDE, a California Limited Public Works Department Partnership, as Partner WWE&T CASA DEL REY, a California Limited Partnership, as Partner WWE&T CRYSTAL TREE, a California Limited Partnership, as Partner WWE&T EARLY CALIFORNIA, a California Limited APPROVED AS TO FORM: Partnership, as Partner WWE&T DEVELOPMENT a California Limited HILDA CANTIJ MONTOY ��P. as ' Atto y B TT C. ELLIS, G TNER B OMASON PROPERTIES, A GENERAL Deputy PARTNERSHIP BY: WWE&T HANFORD,a California Limited Partnership, as Partner WWE&T SIERRA GRANDE, a California Limited Partnership, as Partner WWE&T CASA DEL REY, a California Limited Partnership, as Partner WWE&T CRYSTAL TREE, a California Limited Partnership, as Partner WWE&T EARLY CALIFO , a California Limited Partnership, as Partner DEVELOP a California Limited Parts p, as L LB . THOMASON, GENERAL PARTNER (Attach Notary Acknowledgment) LL- U POSE ACKNOWLEDGMENT State of CAPACITY CLAIMED BY SIGNER County of ❑ INDIVIDUALS) ❑ COAPORATE On APQ/�. fid, /'94� belora me, ../itiltitY )! T3URUO Kf� OFFICEH( ) .'" imERi DATE NAYS,iIiLf OF OFFUR A(PARTNER(S) personally appeared �CO TT e. ALL/ S ❑ ATTOnNEY-IN-FACT, NA'"'OF sicr+6igs1 13TRUSTEE(S) personally known to me-OR-❑proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are ❑ GUAROWW"SERVATOR subscribed to ilia within instrument and ac- knowledged to me that he/she/lhoy executed ❑ OTHEn: Ilio same in his/hor/tholr authorized capacity(ies). and that by lits/her/their signaturo(s)on the instrument the porson(s). JIMMY Y. TSUR,.iOKAa or the entity upon bohallolwhich the porson(s) SIGNER IS REPRESENTING: COMM.#1020521 8 acted, executed the Instrument. ""'�O`�RSONi�°"E"""'� f�OTARY PUBLIC-CALIFORNIA S F FRESNO CO m Witness my hand and official seal. .�TT EGUS EitlTfMisE My Comm.Expires kiar.17,199 i1N1E Of 11DiA1K 1.1.. U POSE ACKNOWLEDGMEUT sss Stale of C /F0.2iViA CAPACITY CLAIMED BY SIGNER County of F9E3;AIQ ❑ INDIVIDUAL(S) -r ❑ CORPORATE on 4Wz, 30„f 9 4� before me. �titMY `SC/�UO� OFFICER( ) DATE IIIE OF OFFICER TIMIS) 11 PARTNEA(S� personally appoarod 6701-941RAJ R. T D/l14--0- AL � [IATTOnNEY•I&FACT. wwE)s)w slcr*igs) ❑ TRUSTEE(S) i a1mrsonally 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 ac- [I GUAROUIWCONSEnvATOR knowlodgad to me Ihal ho/she/thoy executed ❑ OTHER: Ilio same In his/hor/lholr authorized capaclty(los), and that by his/hor/their JIMMY Y. TSURI_IOKA signaluro(s)on the Instrument the porson(s), COMM. #1020521 or Ilio entity upon behalf of which Ilio porson(s) SIGNER IS REPRESENTING: NOTARY PUBLIC-CALIFORNIA FRESNO COUNTY acted. executed the instrument. wwEQF►ERSOPqs)011ENTITY" My Comm.Expires Mar.17,199Wi(noss my hand and official seal. �4577/l! 6yylas TUNE of WoTANY CLERK'S CERTIFICATE STATE OF CALIFORNIA ) )ss COUNTY OF FRESNO ) On S 1 1996, before me, Jocelyne Gueret, personally appeared, Raymond G. Salazar, Public Works Director 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(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 1 By �11^A-V - DJUTY Parcel Map Agreement No. 96-03 Phase II of Tentative Parcel Map No. 92-26 Page 6 EXHIBIT "A" That portion of the North half of Section 33, Township 12 South, Range 19 East, Mount Diablo Base and Meridian, in the City of Fresno, County of Fresno, State of California, described as follows; Beginning at the East quarter comer of said Section 33; thence South 89° 51' 17" West, along the South line of the North half of said Section 33, a distance of 1130.93 feet to a point on the Northeasterly right-of-way line of the Atchison Topeka, & Santa Fe Railway Company; thence North 500 59' 09" West, along said right-of-way line, a distance of 584.17 feet to the true point of beginning; thence North 50 °59' 09" West, continuing along said right-of-way line, a distance of 1427.22 feet; thence North 39° 00' 51" East, continuing along said right-of-way line, a distance of 150.00 feet; thence North 50° 59' 09" West, continuing along said right-of-way line, a distance of 700.39 feet to a point on the South top of the bluff of the San Joaquin River; thence along the said South top of bluff of the San Joaquin River, the following courses: North 67° 20' 41" East, a distance of 172.95 feet; thence North 75° 54' 58" East, a distance of 135.39 feet; thence North 79" 47' 27" East, a distance of 147.31 feet; thence North 83' 11' 16" East, a distance of 132.58 feet; thence South 88° 47' 56" East, a distance of 54.53 feet; thence North 63° 15' 37" East, a distance of 93.00 feet; thence North 78° 13' 45" East, a distance of 245.37 feet; thence North 78° 14' 26" East, a distance of 77.67 feet; thence North 81° 44' 16" East, a distance of 163.27 feet; thence North 70° 05' 44" East, a distance of 63.40 feet; thence North 64° 54' 43" East, a distance of 114.73 feet; thence North 19° 20' 52" East, a distance of 5.00 feet; thence South 30° 46' 49" East, leaving the said South top of bluff of the San Joaquin River, a distance of 150.05 feet; thence South 14* 54' 57" West, a distance of 109.00 feet; thence South 03° 27' 35" West, a distance of 109.85 feet; thence South 22° 29' 54" East, a distance of 150.17 feet; thence South 09° 20' 30" East, a distance of 41.00 feet to a point on the centerline of West River Vista Drive, previously deeded to the City of Fresno for public street purposes per deed recorded July 16, 1993 as Document No. 93106628, Official Records of Fresno County, said point being the beginning of a 500.00 foot radius non-tangent curve, concave Southerly, a radial to said beginning bears North 09° 20' 30" West; thence Easterly, along the centerline of said West River Vista Drive, along said curve, through a central angle of 27° 47' 10", an arc distance of 242.48 feet; thence tangent to said curve, South 71° 33' 20" East, a distance of 599.35 feet to the beginning of a 1100.00 foot radius tangent curve, concave to the North; thence Easterly continuing along the centerline of said West River Vista Drive, along said curve, through a central angle of 03* 34' 24", an arc distance of 68.60 feet to a point on the westerly line of Parcel "A" of Parcel Map No. 92-26, according to the map thereof recorded in Book 56 of Parcel Maps at Pages 28 and 29, Fresno County Records; thence along the westerly line of said Parcel "A", the following courses: South 14* 52' 16" West, a distance of 176.00 feet to the beginning of a 1276.00 foot radius non-tangent curve, concave to the North, a radial to said beginning bears South 14° 52' 16" West; thence Westerly along said curve, through a central angle of 03° 34' 24", an arc distance of 79.58 feet; thence tangent to said curve, North 71* 33' 20" West, a distance of 314.78 feet to the beginning of a 250.00 foot radius non-tangent curve, concave to the Northwest, a radial to said beginning bears South 75° 58' 35" East; thence Southwesterly along said curve, through a central angle of 24° 59' 26", an arc distance Parcel Map Agreement No. 96-03 Phase II of Tentative Parcel Map No. 92-26 Page 7 EX MIT 'A", (continued) of 109.04 feet; thence tangent to said curve, South 39° 00' 51" West, a distance of 86.95 feet to the beginning of a 175.00 foot radius tangent curve, concave to the Southeast; thence Southwesterly along said curve, through a central angle of 20° 34' 11", an arc distance of 62.83 feet; thence non-tangent to said curve, South 71* 33' 20" East, a distance of 293.11 feet; thence South 180 26' 40" West, a distance of 250.00 feet; thence South 71° 33' 20" East, a distance of 145.25 feet; thence South 39° 00' 51" West, a distance of 558.63 feet; thence North 50° 59' 09" West, a distance of 395.50 feet; thence South 39° 00' S1" West, a distance of 237.00 feet to the true point of beginning. Excepting therefrom that portion thereof granted to the City of Fresno 10-15-93 per Document No. 93159511, Official Records of Fresno County. Jo AQU1N Rev ER S p,N NOT TO SCALE PARCEL B i Iotivs oti r CoA PARCEL A SEE DETAIL 'A' DETAIL "A"' NOTES= ' it 1. NOTE WOW SMALL eE PERFOftCO IN ACCOROANGE WITH EXISTING CITY OF FRESNO STANDARD SPECIFICATIONS. Eu V ��0 V EErR9S EST � � P"" TE 2, IVORIC� SHALL IDE PE10°OR7�CU DT A ItWISTElfW CIVIL ENDINEER OR LICENSEO LAND SI.IRVEYOR. SET PROPERTY CORNERS LEGEND: 44 w $50.00........................................................$2,200.00 o INDICATES MOKAeNT TO Dc serCONTINGENCIES (101)......................................$220.00 FOR DY THIS PREPARE RECORD OF SURVEY............$500.00 • REC. AA T 11 PRIOR TO FINAL TOTAL. $2,920.00 PARCELitC&- MAP ORT?ATION NOT ................................................................. DONDCO FOR DY THIS AGREEMENT. REF. & RED. CITY OF FRESNO - DEVELOPMENT DEPARTMENT BUILDING AND SAFETY SERVICES DIVISION ---NT g� DR. BY: R,u ,ARts SHEET N0. E CH. BY: RLL--s OF I SHEETS PARCEL MAP AGREEMENT LE �* 'NO. 96-03-A SCA *� FILE N0. �