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Home My WebLink AboutT-3854 - Agreement/Covenant - 7/5/2006 RECORDED AlTc V=q 8f REQUEST OF ..................j9. tern.Title � i� r3 ! AT. MIN. PAST�).�. ....M 87065366 MAY 28 1987 FRESNO G;.uNTY, CALIFORNIA GALEN LARSON, County Recorder -------------------SPACE ABOVE FOR RECORDER' S US 'T BY DEPUTY RECORDER Tract No. 3854 Public Works Department P. W. File No . 8530 City of Fresno AGREEMENT FOR AND CERTIFICATE OF MONUMENTATION (Tract No . 3854) THIS AGREEMENT is made this day of 1987 , by and between the CITY OF FRESNO, a Municipal Corporation, hereinafter designated and called "City, " and Riverview Estates , A Partnership, 320 West Bedford, Fresno, California 93650, 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 Nineteen (19) lots the real property situated in the City of Fresno, County of Fresno , State of California , entitled Tract No . 3854 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 recording as provided and required by law, it is mutually agreed and understood by and between Subdivider and City, and Subdivider and City do hereby mutually agree, as follows : w 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 recordation 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 March 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 tract map as being divided into 19 lots, 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 equaling 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 security will be released only when the work has been completed and accepted by the City. -2- 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, Riverview Estates a Municipal Corporation A Partnership JAMES L. MARTIN Bargain Homes , Inc . PUBLIC WORKS DIRECTOR LACalifornia Corpo on Partner Victor Roznov , Presiden ATTEST: Better Homes , Inc . JACQU L. RY A Cali is Corporation, Partner Cit Cler By �CC"t-a . D puty tanley it. pano APPROVED AS TO FORM: C. WILLIAM BREWER Actin,a City for y 0 By (Attach Notary Acknowledgment) 1 MIW:mv 9605g/242 -3- r STATE OF CALIFORNIA l WSMECO a 1 SS. TITLE INSURANCE L COUNTY OF W dl .a On this the______ day of— 1- 1 —19 % ,before me,the undersigned,a Notary Public in and for a to said State,personally appeared o personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the c President;and a X-peFsQnally known to.ma or_proyed to me on the-basis of satisfactoryevidence to be.the persQp,wgp executed_the within,instrument as.the.,.. —Sevetaryof _ 's r r - , •_ the corporation that FOR NOTARY SEAL OR STAMP executed the within instrument on behalf of the part- nership that executed the within instrument,and acknowledged to me m that such corporation executed the same as such partner and that OffICIAI SEAL co such partnership executed the same. SEM S.NAKAYAMA d ., 0 WITNESS my hand and official seat. NOTARY PUBLIC,CALIFORNIA CC a w NOTARY BOND FILED IN FRESNO COUNTY M y _ My Can healon Expires July 15,1887 U Signature /01 STATE OF CALIFORNIA 11l1 O)SMECCISS. TITLE INSURANCEN COUNTYOF_ Fr ano d a On this the __2_Q t h day ofR>� -i 1 19_7,before me,the undersigned,a Notary Public in and for aN said State,personally appeared Vi c t or R n z n ov s ky o personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the c President,a q& C a ��sca�atl�soo�n �or�xet �oectf=<a�asts�s�atjsfeocal��aee»caas;tta�iisaox�rr�x�lxaa�u€�t�nm�aaasao>�s>sn>� `grs of Et B a r g a i n Homes Inc . the corporation that FOR NOTARY SEAL OR STAMP C� executed the within instrument on behalf of Ri V_e=_J a-w Estates the part- 4 nership that executed the within instrument,and acknowledged to me 04OFFICIAL SEAL that such corporation executed the same as such partner and that BETTY S.NAKAYAMA Such partnership executed the same. r. NOTARY PUBLIC,CALIFORNIA N WITNESS my hand and official seal. �a NOTARY BOND FILED IN a FRESNO COUNTY y Betty S. N ak ay a mma My Commission Expires July 15,1987 �Er Signatureri a' Tract No . 3854 Public Works Department P. W. File No . 8530 City of Fresno ATTACHMENT TO AGREEMENT AND CERTIFICATE OF MONUMENTATION Tract No . 3854 Owner ' s Name : Riverview Estates , A Partnership Property Description: Lot 22 of Tract No. 3593 , Rio Vista Phase II , in the City of Fresno, County of Fresno, State of California , as per map recorded in Volume 42 Pages 90 and 91 of Plats , Fresno County Records . Estimated total cost of monumentation and required security: $2 , 000 .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 submit to the City of Fresno evidence of payment and receipt thereof by the Engineer or Surveyor for the final setting of all monuments required in the subdivision. MIW:mv 9605 EXHIBIT "A"