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HomeMy WebLinkAboutT-4352 - Agreement/Covenant - 6/29/2006 rdTuRN Tot 92155039 CITY OF FRESNO RECORDED IN OFFICW.RECORDS OF 0MUMUM DUAMUM FRESNO COUNTY,CAUFORNIA 2"7. rt,.+ � AT MIN.PAST ZP—M 1Rr0 CA 9MI3"4 OCT 0 91992 PLL ,elE CONFORM WILLIAM C.GREENWOOD � County Recorder $ -------------------ABOVE SPACE FOR RECORDER'S USE------------------- Tract No . 4352 Development Department P.W. File No . 9273 City of Fresno APN: 401-060-31 Lots : 53 , 54 , 55, 56 and 57 Addresses : 2062, 2050, 2026, 2038 and 2014 East Skyview Avenue respectively 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 RICHARD J. LOUGHEAD, an unmarried man, hereafter ("Owner") and HERITAGE COMPANIES, INC. , a California Corporation, hereafter ("Developer") . RECITALS A. Owner owns real property situated in the City of Fresno, County of Fresno, State of California, hereafter referred to as the "Subject Property" and more particularly described in Exhibit "A" attached and incorporated by reference, which is generally located at northeast corner of North Maple and East Shepherd Avenues; 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 Agreement/Early Issuance of Building Permit Tract No . 4352 Page 2 D. The Developer intends to construct a residential development on said Subject Property; and E. The Owner has filed and the City has approved Tentative Tract Map No . 4352 and Owner anticipates filing a final tract map in the near future; and F. Developer has filed building plans and has requested that the City issue building permits for model homes on said Subject Property (Lots: 53, 54, 55, 56 and 57 inclusive, at addresses 2062, 2050, 2038 , 2026, and 2014 East Skyview Avenue, respectively) ; and G. 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. H. The Owner and Developer 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 . I . Owner and Developer 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. Agreement/Early Issuance of Building Permit Tract No . 4352 Page 3 J. It is extremely important to the Owner and the Developer that the building permits be issued as soon as possible; and K. The action on the Final Tract Map No . 4352 by the Council of the City of Fresno is not expected to be finalized for up to one hundred twenty (120) days . 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 Subject Property for any reason within one hundred twenty ( 120) days of the execution of this Agreement, then the Owner and Developer shall , within ten (10) days after written notice from the Director of the Development Department of the City of Fresno , remove from said Subject Property any improvements or construction placed or constructed pursuant to said building permits issued for model homes ; and Owner and Developer shall restore said Subject Property to its prior condition. 2 . Should the Owner and Developer 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 Subject Property and accomplish such removal and restore said Subject Property to its prior condition. 3 . Should the City of Fresno cause such removal under the provisions of Paragraph 2 hereof , the Owner and Developer shall hold Agreement/Early Issuance of Building Permit Tract No . 4352 Page 4 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 . 4 . To assure the promises herein contained, the owner and Developer shall deliver to the City of Fresno the sum' of $1,000.00 per model home for a total amount of $5, 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 Developer . After the action by the City approving the final tract map has become final, the deposit will be returned to the Developer . 5 . Any costs and expenses of removal exceeding the above stated amount of security, which are stated in writing with a description of said Subject Property by an officer of the City, and recorded in the County Recorder ' s Office, shall be a lien on said Subject 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 and Developer to trespass upon land rightfully in the possession of , or owned by, another , whether such land be privately or publicly owned . Agreement/Early Issuance of Building Permit Tract No . 4352 Page 5 8 . The Developer has remitted those development fees due as a condition of approval of this Agreement as follows : Major Facilities Fees 5 @ $400/unit $2, 000 .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. 10 . Owner and 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 Subject 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 Agreement/Early Issuance of Building Permit Tract No . 4352 Page 6 the event that the action by the City approving the final tract map is finalized, the foregoing deposit shall be returned to the Developer and this covenant shall be of no further force and effect. DATED: CITY OF FRESNO, OWNER a Municipal C oration 1 RICHARD J. LOUGHEAD, an By unmarried man Alvi olis, Director Development Department By: APPROVED AS TO FORM: "RichaJ. ead HARVEY WALLACE City Attorney By ` DEVELOPER Deputy HERITAGE COMPANIES, INC. , a California ; rp �a ion By , Kevin J Ca tanos Presiden (Attach Notary nowledgment) Agreement/Early Issuance of Building Permit Tract No. 4352 Page 7 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) On this 9 day of in the year /992. before me personally. appeare.d .:-- personally known to'aie" eo=_ proved to me on the basis of satisfactory evidence) to be';the;�persoa _ who executed this instrument as —�--- I3irectai of_ the. Development Department and acknowledged to me that the City_-of :Fresno, executed it . JACQUELINE L. RYLE City Clerk CAT.NO.NNO0527 _. ,---- TO vid C"(9--")(IndIndividual) TICOR TITLE INSURANCE STATE OF CALIFORNIA COUNTY OF JcR Es N a } ss' On /7A 1942 before me, the undersigned, a Notary Public in and for said State, personally appeared LOU jrN eiM personally known to me or proved to me on the basis of satisfactory evidence to be �.. - � - -the person_whose name /S subscribed to the within instrument and acknowledged that.�� exe- cuted the same. N �}�p• 1RIiR :WITNESS my hand and official seal. —_ — R�sD SAY • 1-- - - STATE OF CALIFORNIA —1 COUNTY OF =RES/VO 19S. On this /* day of &'» C in the year before me, the undersigned, a Notary Public in a and fpr said County and State personally appeared /126//V T- Lif���"�9- S personally known to me (or proved to me on the basis of satisfactory evidence) to be the President,-*%4. x O t= t IC o evii&oee; to be n c Se^ f the corporation that executed the within Instrument, and v acknowledged to me that such corporation executed the within instru- M ` MOM ment pursuant to its by-laws or a resolution its board of directors. �O � OOtI*QY oft 9j C�I1fflrOft 6pkes = n Signature 8. 1993 V I - a' Name (Typed or Printed) Notary Public in and for said County and State F 2467 R 11/82 (This area for official notarial seal) Tract No . 4352 P.W. File No . 9273 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 the West half of Section 24 , Township 12 South, Range 20 East, Mount Diablo Base and Meridian, according to the Official Plat thereof , described as follows : BEGINNING at the Southwest corner of said Section 24; thence North 00' 49 ' 11"East, along the West line of the Southwest quarter of said Section 24, a distance of 86 . 50 feet to the TRUE POINT OF BEGINNING of this description; thence continuing North 000 49 ' 11" East along said West line, a distance of 542 .00 feet; thence North 89' 16 ' 23" East, parallel with the South line of said Southwest quarter of Section 24 , a distance of 851.00 feet; thence North 00' 49 ' 11" East parallel with said West line of the Southwest quarter of Section 24 , a distance of 167 .08 feet; thence North 89' 16 ' 23" East, parallel with said South line of the Southwest quarter of Section 24 , a distance of 166 . 22 feet; thence South 00' 49 ' 10" West, a distance of 1 . 52 feet; thence along a tangent curve concave Northwesterly, having a radius of 275 . 00 feet, through a central angle of 06' 01 ' 47" , an arc distance of 28 .94 feet; thence South 060 50 ' 57" West, a distance of 30 .00 feet; thence South 410 51' 36" East, a distance of 15 . 82 feet; thence South 06' 44 ' 58" West, a distance of 40 . 34 feet; thence South 47' 57 ' 05" West, a distance of 18 . 10 feet ; thence along a non-tangent curve concave Southeasterly, having a radius of 225 . 00 feet; with a radial bearing of South 840 25 ' 25" East, through a central angle of 040 45 ' 25" , an arc distance of 18 . 68 feet; thence South 00' 49 ' 10" West, a distance of 165 . 05 feet; thence South 44' 57 ' 14" East, a distance 17.33 feet thence North 89' 16 ' 23" East, parallel with said South line of the Southwest quarter of Section 24 a distance of 116 . 66 feet; thence South 00' 43 ' 37" East, a distance of 389 . 72 feet; thence South 89' 19 ' 05" West, a distance of 1144 . 64 feet to the TRUE POINT OF BEGINNING of this description. ALSO EXCEPT, all oil, gas and minerals now or at any time hereafter situate therein in and thereunder, together with all easements and rights necessary or convenient for the production, storage and transportation thereof and the exploration and testing of the said real property and also the right to drill for, produce and use water from the said real property in connection with its drilling or mining operations thereon, by deed recorded March 26 , 1943 in Book 2079 , Page 299 , Document No . 10243 , Official Records . LR :crm LAND304/4867 Tract No. 4352 P.W. File No. 9273 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on July 31 1992 , in the office of the Fresno County Recorder in Book Page Document No. 92107358 of which the Deed of Trust in, br and between Richard J. Loughead, an unmarried man, as Trustor, California Valley Securities Corporation, as Trustee, and California Valley Bank, a National Association , 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. 4352. DATED: October 7 19 92 C fit L F o K N ►A V-F�-Lt<Ey DflN K A N*Cn o N fl` X155 oc 1 'ToN S+FER �ERRI N y 1 cc- P 3 11�E NT STATE OF CALIFORNI SS COUNTY OF RE5;N0 On this 7 day of X 716jee —. in the year a ��9 Z before me, the undersigned, a Notary Public in AL p and for said County and State,personally appeared O• --op-az personally known NONW to me (or pro ftto me on the basis of satisfactory evidence)to be the p IIY President,-end _ Febmw 8, 1993« O t-- s IC O 0.916011M) .0 tie C taarpaeleof the that executed the within Instrument, and OFRCIAL SM F u acknowledged to me that such corporation executed the within instru- ment pursuant to its by-laws or a resolution of its board of directors. Notary PubIC-CONW110 o FRESNO COLTIIY .y CCM.:il3z!:.l Evfts o SignatuFcb.ucn/ t!. 1993 to Name (Typed or Printed) Notary Public in and for said County and State F 2467 R. 1 1182 (This area for official notarial seal) Tract No. 4352 ! .P.W. File No. 9273 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on May 27 199-L, in the office of the Fresno County Recorder in Book ---------- Page --------- Document-No. 92072628 - ,of which the Deed of Trust in, by 'aapie d beten Richard J `Loughead � as Trustor, Central Title Company , as Trustee, . +y and - Garold C. Brown and Carol A. Brown 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. 4352 . September 17 92 DATED: 19 STATE OF CALIFORNIA i u. COUNTY OF On /7— 9-Z_ before me. AGTS _ &—At 4: (rine wsm mr�me d 9r awiaq, personalty appeared OFFMAL SEX personally known to me(or proved to me on RONALD D. MANLEY the basis of satisfactory evidence)to be the person(s)whose name(s)is!are subscribed to the NOTARY vtlet 1oMIFORraA PftXVAL IN within instrument and acknowledged to me that he/she/they executed the same in his/her/their FRESNO Mp CEm.AR.12,1994 authorized capacity(ies),and that by his/her/their signature(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 sea b t) (Seal) ACKNOWLEDGMENT—AN A•pow-11- , -Farr,237G1—nor.1.91 Signature 0199,WOLCOrrs.INC. (pnu Uus 62)