The URL can be used to link to this page

Home My WebLink AboutT-3723 - Agreement/Covenant - 6/20/2006 } I Xt;LUKUtU AT REQUEST OF 8(mG1:6 AT... ...MIN. PAST. M AsCv;tJlny rui;Uest�L-CJ Clay Clerk,Fresno, California AUG 211986 No Fee-Govt. Code 6103 ` Return to City Clerk,Fresno FRESNO COUNTY, CALiFORNiA GALEN LARSON, County Recorder • ' FEt �" .1�z0 -------------------SPACE ABOVE FOR RECORDER ' S USE��Lzx-R[c:saoW_ s_____ Tract No. 3723 Public Works Department P. W. File No. 8238 City of Fresno AGREEMENT FOR AND CERTIFICATE OF MONUMENTATION (Tract No . 3723) THIS AGREEMENT is made this to-bp— day of 1986, by and between the CITY OF FRESNO, a Municipal Corporation, hereinafter designated and called "City, " and FREEDOM/EARL, Inc. , a California Corporation, c/o Valley Construction Company, P.O. Box 6770, Modesto, CA 95355, hereinafter designated and called the "Subdivider, " without regard for number or gender. RECITALS Subdivider has filed with City a certain subdivision map of a proposed division of land owned by Subdivider and located within the corporate limits of City, dividing into Fifty (50) lots the real property situated in the City of Fresno, County of Fresno, State of California, entitled Tract No. 3723 and described in the attached Exhibit "A, " which is incorporated herein as though set forth in full . Subdivider has offered for dedication or has delivered to City a deed or deeds of easement for all areas delineated on said map to be dedicated or deeded for street and other public purposes, and has requested acceptance of said offers of dedication by City and approval of said map by the Council of the City of Fresno, all as required by the Fresno Municipal Code. AGREEMENT In consideration of approval of said map for filing and bbuyl:b 1. The Subdivider 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 recorda'tio'n of said map or issuance of any certificate of occupancy for any structure thereon, whichever is earlier, to the satisfaction of the Engineer . 2. 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 Match 5, 1970, by the Council of the City of Fresno, including attached details and amendments thereto. C. "Subdivision" shall mean and include the real property shown and described on the parcel map as being divided into 17 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. 3 . The work the Subdivider shall Cause to be done and surety for said work is shown on Exhibit "A" . 4 . 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, Article 10 of the Fresno Municipal Code. 5. Subdivider has furnished to City security in an amount equalling 100% of the total estimated' cost of the work to insure faithful performance of this agreement. Said sum is designated "estimated total cost of monumentation and required security" and is shown on Exhibit "A. " Said security shall be cash, a Certificate of Time Deposit, or other security acceptable to the City. The 861961:6 r Should the work not be provided as specified in this agreement, this security will be used by the Public Works Director to accomplish the required work. If the security is not sufficient to pay the cost of the work, the Subdivider will remain liable to the City for the excess cost thereof . 6 . Time is of the essence of this agreement, and the same shall bind and inure to the benefit of the parties hereto, their successors and assigns. The parties have executed this agreement on the day and year first above written. CERTIFICATE Pursuant to Subdivision Map Act Sections 66495 and 66496 and Fresno Municipal Code Section 12-1015 (6) , the Subdivider hereby certifies and acknowledges that the monumentation identified on said map shall be completed within one year of the date of recordation of said map or issuance of any certificate of occupancy of any structure thereon, whichever is earlier . Accepted by: SUBDIVIDER CITY OF FRESNO, FREEDOM/EARL, INC. a Municipal Corporation a California Corporation JAMES L. MARTI %IPUBLIC KS IRECTOR By �' �` !� // RONALD F. EARL, PRE. ENT ` ` ; By , JOYCE W. EARL, SECRETARY ATTEST: JACQUELINE L. RY City Clerk By Dgputy APPROVED AS TO FORM: JAMES A. McKELVEY City Attorney . By 6- iG (Attach Notary Acknowledgment) GSA ms c w n c— 11 An " 860961�6 Tract No. 3723 Public Works Department P. W. File No. 8238 City of Fresno ATTACHMENT TO AGR EMENT FOR AND CERTIFICATE OF OONUMENTATION Tract No. 3723 Subdivider ' s Name4- FREEDOM-EARL, Inc. , a California Corporation Property Description: Lot 87 of Tract No. 3693 , Independence Crossing, in the City of Fresno. County of Fresno. State of California, according to the map thereof recorded in Volume 44, Pages 32, 33 , 34 and 35 of Plats, Fresno County Records . Estimated total cost of monumentation and required security: $3, 625.00 Pursuant to Section 66497 of the State Subdivision Map Act, prior to the City' s final acceptance of work herein described and release of securities, the Subdivider-shall Rl,hm3r — •�.- ^° • - STATE OF CALIFORNIA ) ss. 860961116 COUNTY OF FRESNO ) 0 this day of _ in the year �9�L , before/me personally' appeared .JQ,�eS personally known to me (or proved to me on the basis of satisfactory evidence) /I, // m�r , to be the person who executed this instrument' as Wei' Of OT �Ghlt0 and acknowledged to me that the e Z'V44M.0 executed it. JACQUELINE L. RYLE, CMC , City Clerk— By uty T 1 5, 1916, hurore ine, the undersigned, a NoC;:Lry Public in and for said County ,ind St.ate, personally appeared Ronald F. Earl, personally }mown to me to be the President and Joyce W. Earl, personally, known to me to be the Secretary of FREEDOM-EARL, INC., the corporation that executed the within instrument and personally known to me to be the persons who executed the within instrument on behalf of said coroporation.