HomeMy WebLinkAboutT-4206 - Agreement/Covenant - 7/6/2006 RECORDED W OFFM RECORDS OF
F '' SOUNTY,CALiFORN
ATR MN PAST,_.�� Al
91015'74'7
F E B 7 1991
WVJlAM C.GREENWOOD FEE
County Recorder $ -'
-------------------ABOVE SPACE FOR RECORDER' S USE-------------------
fi, "Le Parc II" Development Department
39, 40, 41 and 42 City of Fresno
P.W. File No . 9055
APN: 401-050-41
Job Address : 1261, 1249 , 1237 and
1225 East La France Drive, Inclusive
A G R E E M E N T
(For Early Issuance of Building Permit)
THIS AGREEMENT is made by and between the CITY OF FRESNO,
hereafter "City" and Leo Wilson Co. , Inc. , a California Corporation,
hereafter ( "Owner" ) .
RECITALS
A. Owner owns real property situated in the City of Fresno,
County of Fresno, described in Exhibit "A" attached and incorporated
by reference, which is generally located at the southwest corner of
East Foxhill Drive and East Champlain Drive; and
B. The Owner 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
C. All such instruments of Subordination, if any, are attached
hereto and made a part of this instrument; and
D. The Owner intends to construct a residential development on
said property; and
Agreement/Tract No . 4206, La Parc II
Early Issuance of Building Permit
Page 2
E. The Owner has filed and the City has approved Tentative
Tract Map No. 4206 and the Owner has filed a final tract map; and
F. Owner has filed and the Planning Commission has approved a
Conditional Use Permit for a Planned Unit Development; and
G. Owner has filed building plans and has requested that the
City issue building permits for model homes on said property (Lots
39, 40, 41 and 42 at addresses 1261, 1249 , 1237 and 1225 East La
France Drive respectively) ; and
H. The City is unwilling to permit such construction or inspect
same without assurance that no vested rights or entitlements will be
conferred by the issuance of this early construction permit or by
the acceptance of such construction upon inspection.
I . The Owner acknowledges that such improvements will be
accepted by the City only if they comply with all applicable City
standards, codes, and ordinances , provided, in no case shall
acceptance of such improvements be - complete until approval of the
final map by the Fresno City Council .
J. Owner understands and acknowledges that the improvements
described herein shall be subject to acceptance or rejection by the
City upon inspection thereof , and upon the terms and conditions
contained herein.
K. It is extremely important to the Owner that the building
permits be issued as soon as possible; and
L. The action on the Final Tract Map No. 4206, "La Parc II" , by
the Council of the City of Fresno is not expected to be finalized
for up to one hundred twenty (120) days .
r.
r
Agreement/Tract No . 4206, La Parc II
Early Issuance of Building Permit
Page 3
In consideration of the foregoing, the issuance of said permits
and the promises and covenants herein contained, the undersigned
agree
1 . Should the City of Fresno fail to approve the final tract
map for the described property for any reason within one hundred
twenty (120) days of the execution of this Agreement , then the Owner
shall, within ten (10) days after written notice from the Director
of the Development Department of the City of Fresno, remove from
said property any improvements or construction placed or constructed
pursuant to said building permits issued for model homes; and Owner
shall restore said property to its prior condition.
2 . Should the Owner fail to comply with the provisions of
Paragraph 1 above, the City of Fresno, or any of its duly authorized
officers, employees or agents, are unconditionally permitted to
enter upon said property and accomplish such removal and restore
said property to its prior condition.
3 . Should the City of Fresno cause such removal under the
provisions of Paragraph 2 hereof , the Owner shall hold harmless and
defend the City, its officers, employees and agents from any claims,
lawsuits, costs, liability, damages or expenses, including costs of
suit and fees and expenses for legal services, on account of any
damages claimed by any reason to have occurred by reason of such
removal .
Agreement/Tract No. 4206, La Parc II
Early Issuance of Building Permit
Page 4
4 . To assure the promises herein contained, the Owner shall
deliver to the City of Fresno the sum of $1, 000 . 00 per model home
for a total amount of $4 , 000 . 00 evidenced by cash or a Certificate
of Deposit made payable to the City of Fresno . This deposit may be
used by the City to defray all or part of the costs and expenses of
removal with any balance to be returned to the Owner . After the
action by the City approving the final tract map has become final,
the deposit will be returned to the Owner .
5 . Any costs and expenses of removal exceeding the above stated
amount of security, which are stated in writing with a description
of said property by an officer of the City, and recorded in the
County Recorder ' s Office, shall be a lien on said property and
appurtenances running in favor of the City of Fresno .
6 . The obligations of the Owner and the Developer provided in
this Agreement are joint and several .
7. This Agreement shall in no -way whatsoever be construed as
the granting by the City of any rights to the Owner/Developer to
trespass upon land rightfully in the possession of, or owned by,
another, whether such land be privately or publicly owned.
8 . The Owner has remitted those development fees due as a
condition of approval of this Agreement as follows :
Major Facilities Fees
4 units @ $400/unit $1 , 600 . 00
9 . No vested rights or entitlements are conferred by the
issuance of this early construction permit or by acceptance of any
improvements constructed thereunder .
Agreement/Tract No . 4206, La Parc II
Early Issuance of Building Permit
Page 5
10 . Owner/Developer agrees to indemnify, defend, and hold the
City, its officers, employees, and agents harmless from any claims ,
damages, liabilities or costs whatsoever arising out of the
performance of this agreement .
11. The foregoing shall burden the property described and
constitute a covenant running with the land in favor of and for the
benefit of the City of Fresno and its property: be enforceable by
the City by any legal or equitable means ; and shall be binding upon
the successor, assigns , transferees , and heirs of Owner . In the
event that the action by the City approving the final tract map is
finalized, the foregoing deposit shall be returned to the
Owner/Developer and this covenant shall be of no further force and
effect .
JV
Agreement/Tract No . 4206, La Parc II
Early Issuance of Building Permit
Page 6
DATED: 'a
CITY OF FRESNO, OWNER
a Municipal Cor orati n
LEO WILSON CO. , Inc.
a California Corporation
By
Alvin P. So is, Director
Development Department
By:
Led' *.' Wilson, President
APPROVED AS TO FORM:
HARVEY WALLACE
City Attorney (Attach Notary Acknowledgment)
By a- as!�
Deputy
CLERK' S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss .
CITY OF FRESNO )
On this —4 - day of inin the year / 9 9 /
before me personally
appeared personally known to me (or
proved to me on the basis of satisfactory evidence) to be the
person who executed this instrument as Director of the Development
Department and acknowledged to me that the City of Fresno executed
it .
1 JACQUELINE L. RYLE
City Clerk
By
Deputy
LR:mv
s LAND80/1211+
i'
EXHIBIT "A"
The Subject Property referred to in this Agreement is situated in
the State of California, County of Fresno, City of Fresno, and is
described as follows :
That portion of Lots 34 , 35 , 36, 54 , 55 and 56 of Perrin
Colony NO. 2 , in the City of Fresno, Fresno County,
California, according to the amended map thereof recorded
in Volume 4 of Plats at Page 68, Fresno County Records ,
described as follows :
COMMENCING at the South Quarter corner of Section 23,
Township 12 South, Range 20 East, Mount Diablo Base and
Meridian; thence along the centerline of East Champlain
Drive as described by Document No . 89049695, Official
Records Fresno County; thence North 00023 ' 37" East, a
distance of 90 . 12 feet; thence along the centerline of
East Champlain Drive as described by said Document
No . 89049695, North 00023 ' 37" East, a distance of
53 . 61 feet to the Point of Curvature of a curve, concave
to the Southwest, having a Radius of 900 . 00 feet; thence
Northwesterly continuing along said curve and the
centerline of East Champlain Drive as described by
Document No. 89049695, through an interior angle
of 63023 ' 39" , an arc distance of 995 . 79 feet to the Point
of Tangency; thence continuing along the centerline of
East Champlain Drive as described by said Document
No. 89049695 , North 63000 ' 00" West, a distance
of 73 . 80 feet to the TRUE POINT OF BEGINNING of this
description; thence. continuing along the centerline of
East Champlain Drive as described by said Document
No. 89049695, North 63000 ' 00" West, a distance
of 115 . 05 feet to the Point of Curvature of a curve
doncave to the Northeast, having a Radius of
1550 . 00 feet; thence Northwesterly continuing along said
curve and the centerline of East Champlain Drive as
described by said Document No . 89049695, through an
Interior Angle of 11047 ' 00" , an arc distance
of 318 . 77 feet to the Point of Tangency; thence
continuing along the centerline of East Champlain Drive
as described by said Document No. 89049695 ,
North 51013 ' 00" West, a distance of 217 . 79 feet to a
Point of Curvature of a curve concave to the Southwest,
having a Radius of 1250 . 00 feet; thence Northwesterly
continuing along said curve and the centerline of East
Champlain Drive as described by said Document
No. 89049695, through an Interior Angle of 18122 ' 00" , an
arc distance of 400 . 70 feet to the point of tangency;
thence continuing along the centerline of East Champlain
Drive as described by said Document No . 89049695,
North 69035100" West, a distance of 94 . 10 feet; thence
leaving said centerline, South 20025 ' 00" West, a distance
of 53 .00 feet to the Point of Intersection with the
a
EXHIBIT "A"
Page 2
January 25, 1991
Southwesterly right-of-way line of East Champlain Drive
as described by said Document No . 89049695 , said point
being the most Easterly Northeasterly point on Outlot "A"
as shown on Tract No . 3374 , recorded in Volume 47 at
Pages 97-100, Fresno County Records; thence along said
Outlot "A" the following described courses :
Thence South 71056 ' 00" West, a distance of 98 . 22 feet;
thence South 32026100" West, a distance of 70 . 00 feet;
thence South 08040100" East, a distance of 40 . 00 feet ;
thence South 81019 ' 00" West, a distance of 15 . 00 feet;
thence South 32026100" West , a distance of 43 . 00 feet;
thence South 73051130" West, a distance of 22 . 67 feet '
thence South 32026 ' 00" West, a distance of 50 . 00 feet;
thence South 14035 ' 00" East, a distance of 22 . 00 feet;
thence South 7927 ' 00" West, a distance of 22 . 00 feet;
thence South 320 26 ' 00" West, a distance of 30 . 00 feet;
thence south 110 59 ' 00" East a distance of 70 . 00 feet;
thence South 760 51 ' 00" West, a distance of 70 . 00 feet;
thence South 320 26 ' 00" West, a distance of 68 .00 feet;
thence South 770 42 ' 00" West, a distance of 32 . 77 feet;
thence South 290 03 ' 30" West, a distance of 33 . 29 feet;
thence South 690 35 ' 30" West, a distance of 45 . 87 feet;
thence South 32' 46 ' 00" West, a distance of 82 . 12 feet;
thence South 120 40 ' 50" East, a distance of 125 . 00 feet;
thence South 620 18 ' 30" East , a distance of 151. 15 feet
to the Point of Intersection with the West right-of-way
line of North Mount Vernon Drive according to the map of
Tract No . 3374 recorded in Volume 41 of Plats at
Pages 97-100, Fresno County Records; thence South
461, 17 ' 00" East, a distance of 50 . 00 feet to the Point
of Intersection with the East right-of-way line of North
Mount Vernon Drive and curve concave to the East , having
a Radius of 200 . 00 feet; thence Southerly along said East
right-of-way line through an Interior Angle of
5311 13 ' 3011 , an arc distance of 185 . 79 feet to the Point
of Tangency; thence Southerly along said East
right-of-way South 0911 30 ' 30" East, a distance of
127 . 72 feet; thence South 540 30 ' 30" East, a distance of
17 .74 feet to the Point of Intersection with the North
right-of-way line of East Foxhill Drive according to said
map of Tract No . 3374 ; thence North 800 29 ' 30" East,
along said North right-of-way line a distance of
8 . 46 feet; thence leaving said North right-of-way South
of 09' 30 ' 30" East, a distance of 30 . 00 feet to the
Point of Intersection with the centerline of East Foxhill
Drive; thence North 80° 29 ' 30" East, a distance of
130 . 01 feet to the Point of Curvature of a curve concave
to the South, having a Radius of 575 . 00 feet; thence
EXHIBIT "A"
Page 3
January 25, 1991
Easterly through an Interior Angle of 110 30 ' 0611 , an arc
distance of 115 .43 feet to the Point of Tangency; thence
South 880 00 ' 24" East , a distance of 380 . 31 feet to a
Point of Curvature of a curve concave to the Northwest,
having a Radius of 575 . 00 feet; thence Northeasterly
through an Interior Angle of 640 59 ' 3611 , an arc distance
of 652 .25 feet to the Point of Tangency; thence North
270 00 ' 00" East, a distance of 248 . 00 feet to the TRUE
POINT OF BEGINNING.
CORPORATE ACKNOWLEDGMENT No.202
State of California On this the 22n
delay of January 19-9-1—,before me,
SS.
County of Ftswo Patricia A. Bixler
r
the undersigned Notary Public,personally appeared
Leo A. Wilson
09 personally known to me
❑ proved to me on the basis of satisfactory evidence
to be the person(s)who executed the within Instrument as
OFICIALBEAL President or on behalf of the corporation therein
pgTRIC1A A. 1ALIFOR R named,and acknowledged to me that the corporation executed It.
NOTARY PUBLIC-CALIFORNIA-
NOTARY BOND FILED WITNESS my hand and official seal.
MY Gommissbn EE to COUNTY
12.1993 l _
Notary's Signature
7120 122 NATIONAL NOTARY ASSOCIATION•23012 Venture Blvd.•P.O.Box 1625•Woodland Hills.CA 81361
d
Tract No . 4206, "La Parc II"
P.W. File No . 9055
SUBORDINATION
The undersigned as holder of the beneficial interest in and under
that certain Deed of Trust recorded on March 22, 195 ,
in the office of the Fresno County Recorder in Book ,
Page Document No. 90032598 of which the
Deed of Trust in by and between Leo Wilson Co. , Inc. a California Corporation
as Trustor, Union Bank, a California Corporation, , as Trustee,
and Union Bank a California Corporation. , as Beneficiary, hereby
expressly subordinates said Deed of Trust and its beneficial interest
thereto to the foregoing Agreement (For Early Issuance of Building
Permit) Tract No. 4206 "La Parc II" .
DATED: January 18 19 91
UNION BANK, a California Corporation,
as Tru r and Be iciary
B
�— Dunit, V" a President
w
' B
State of California ) Reinhardt, Vice President
County of Fresno )
(Attach Notary Acknowledgement)
On January 18, 1991 before me, Dorothy L. Murphy, a
Notary Public in and for said State, personally appeared R. M. Dunn ,
Vice President , and D. R.Reinhardt ,
Vice President , respectively, of UNION BANK, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the persons whose
names are subscribed to the within instrument and acknowledged to rye that they
executed the same in their authorized capacities and that by their signatures on
the instrument the person(s) , or the entity upon behalf of which the persons
acted, executed the instrument.
OnCIAL SEAL
fficiaWITNESS my h an�dol s a DOROTHY L MURPHY
-a NOTARY PUBLIC-CALIFORNIA
NOTARY BOND FILED IN
�� �� FRESNO COUNTY r
Signature: (S al my ca„ml„ion C.Dinm ma"iso im