HomeMy WebLinkAboutT-4356 - Agreement/Covenant - 6/29/2006 f
RECORDED W OiMVL RE OF
FRES COUNTY,CALIF01
92065745 AT, MIN PAST M
MAY 141992
WILUAM C.GREENWOOD
County Recorder Es!!d-----ABOVE SPACE FOR RECORDER' S USE-------------------
Lots : 8, 9 , 10, 11 & 12 Development Department
P.W. File No . 9265 City of Fresno
APN: 306-190-35 & 36
Addresses : 5527, 5515 , 5503 West Menlo
and 6462 & 6474 North Wheeler
Avenues , 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 LESLIE P. BUSICK, Trustee of that certain Trust
Agreement Dated June 11, 1974 „ hereafter ("Owner" ) and Busick
Properties , Inc. , a California Corporation, ( "Developer") .
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 northwest corner of
West Sierra and North Polk 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
Tract 4356 , Phase II
Of Tentative Tract No . 4142
Page 2
D. The Owner/Developer intends to construct a residential
development on said property; and
E. The Owner/Developer has filed and the City has approved
Tentative Tract Map No . 4142 and Owner has filed Phase II of
Tentative Tract Map No 4142 for final approval; and
F. Owner/Developer has filed and the Planning Commission has
approved a Conditional Use Permit for a Planned Unit Development ; and
G . Owner/Developer has filed building plans and has requested
that the City issue building permits for model homes on said
property ( lots : 8, 9, 10, 11 and 12, at addresses 5527, 5515 , 5503
West Menlo and 6462, 6474 North Wheeler Avenues 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/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 .
J. Owner/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
Tract 4356, Phase II
Of Tentative Tract No . 4142
Page 3
K. It is extremely important to the Owner and the Developer
that the building permits be issued as soon as possible; and
L. The action on the Final Tract Map No. 4356, phase II of
Tentative Tract No. 4142 , 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 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 property any improvements or construction placed or
constructed pursuant to said building permits issued for model
homes; and Owner and Developer shall restore said 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 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 and Developer shall hold
Agreement
Tract 4356, Phase II
Of Tentative Tract No . 4142
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/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
Owner/Developer. After the action by the City approving the final
tract map has become final, the deposit will be returned to the
Owner/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 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.
Agreement
Tract 4356, Phase II
Of Tentative Tract No . 4142
Page 5
8 . The Owner/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/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
Agreement
Tract 4356, Phase II
Of Tentative Tract No. 4142
Page 6
finalized, the foregoing deposit shall be returned to the
Owner/Developer and this covenant shall be of no further force and
effect.
DATED: 4-0 )9j7--
CITY OF FRESNO, OWNER
a Municip Co 'on
LESLIE P. BUSICK, Trustee of
That Certain Trust Agreement
By Dated June 11 1974
Alvin P. is, Director
Development Department
By: <
slie P. 'Busick, Trustee
APPROVED AS TO FORM:
HARVEY WALLACE DEVELOPER:
City Attorney
a�j Busick Properties, Inc. ,
By . & C�f' a Californi Corporation
Deputy
By:
Leslie P. Busick, Pr sident
iii:'
STATE OF Al��
01A-51401--
,, f ) SS.
COUNTY OF ►1A-5140 1-- )
On this Z rs* day ofin the year 1992, before me, the
undersigned, a No ary Public in -ann for said County and State,
personally appeared LESLIE P. BUSICK, Trustee of that certain Trust
Agreement dated June 11, 1974, known to me (or proved to me on the
basis of satisfactory evidence) to be the person whose name is
subscribed to the within instrument and acknowledged that he executed
the same.
OFFICIAL SEAL
ROBIN S. PHELPS
' NaRary Public-Nevada
j
Notary Public in and for WASHOE COUNTY
said County and State My Comm.Exp.May 20, 1992
(Corporation)
STATE OF CALIFORNIA
SS.
COUNTY OF FRESNO
On this �'�`'� day of before me, the undersigned, a
Notary Public in and for said State, personally appeared
`eTllk /� , personally known to me or proved to me on the
basis of satisfactory evidence to fid President,
personally known to me or proved to me on the
basis of staisfactory evidence to be the person who executed the
within instrument as the Secretary of the
Corporation that executed the within instrument and acknowledged to me
that such corporation executed the within instrument pursuant to its
by-laws or a resolution of its board of directors.
WITNESS my hand and official seal.
Signature
J ET SCHNEIDER OFFICIAL sEAL
tart' Public in and for JAIyETSCHIVE!DER
'�;`y%�: NOTARY PUBLIC,CALIFORNIA
said County and State t PRMPAL OFFICE IN
� FRESNO COUNTY
_��. MY Comm.Esc*ts Nov.IS.1994
NOTARY.T/7
Agreement
Tract 4356, Phase II
Of Tentative Tract No. 4142
Page 7
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss .
CITY OF FRESNO )
On this Ng day Pf ` in the year 99 Z 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 .
JACQUELINE L. RYLE
City Clerk
B - .
Y
Deptltlt ,
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GL2 L10 r► 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:
Those portions of Lots 263 through 266, 297 through 302 and 319
through 322 , inclusive, of J.C. Forkner Fig Gardens, Subdivision
No . 3 , as shown on the Map thereof recorded in Volume 8 of Plats at
Page 79 , Fresno County Records, more particularly described as
follows :
BEGINNING at the Southeast corner of said Lot 319 ; thence South 890
43 ' 52" West, along the South line of said Lots 319, 320 and 321, a
distance of 686 .33 feet; thence North 000 16 ' 08" West, a distance
of 137.00 feet to the beginning of a 390 . 00 foot radius tangent
curve, concave to the West; thence Northerly, along said curve,
through a central angle of 310 53 ' 32" , an arc distance of 217. 08
feet ; thence North 450 40 ' 46" West a distance of 1050 .99 feet;
thence South 420 41 ' 28" West, a distance of 67. 67 feet to the
beginning of a 375 . 00 foot radius non-tangent curve, concave to the
Northeast , a radial to said beginning bears South 560 59 ' 44" West;
thence Northwesterly, along said curve, through a central angle of
110 20 ' 30" , an arc distance of 74 .23 feet, to the beginning of a
200 . 00 foot radius reverse curve, concave to the Southwest, a radial
to said beginning bears North 680 20 ' 14" East; thence
Northwesterly, along said curve, through a central angle of 240 01 '
00" , an arc distance of 83 .83 feet; thence North 450 40 ' 46" West, a
distance of 77 . 55 feet to the beginning of a 200 . 00 foot radius
tangent curve, concave to the Southwest; thence Northwesterly, along
said curve, through a central angle of 240 08 ' 43" , an arc distance
of 84 .28 feet, to the beginning of a 375 . 00 foot radius reverse
curve, concave to the Northeast, a radial to said beginning bears
South 200 10 ' 31" West ; thence Northwesterly, along said curve,
through a central angle of 310 23 ' 44" , an arc distance of 205 .48
feet to a point on the West line of said Lot 266; thence North 000
34 ' 47" East , along said West line, a distance of 149 . 18 feet to the
beginning of a 2988. 00 foot radius non-tangent curve, concave to the
Southeast, a radial to said beginning bears North 430 37 ' 21" West;
thence Northeasterly, along said curve, through a central angle of
030 07 ' 07" , an arc distance of 162 . 63 feet; thence South 400 30 '
14" East , a distance of 25 . 00 feet; thence South 400 40 ' 46" East, a
distance of 107. 54 feet; thence North 490 19 ' 14" East , a distance
of 130 . 00 feet; thence North 650 52 ' 51" East, a distance of 84 . 53
feet; thence North 770 43 ' 27" East, a distance of 78 . 94 feet;
thence North 890 37 ' 58" East, a distance of 367 . 00 feet ; thence
South 000 22 ' 02" East , a distance of 2 . 00 feet; thence North 890
37 ' 58" East, a distance of 160 . 00 feet; thence South 000 22 ' 02"
East, a distance of 348 . 00 feet; thence South 890 37 ' 58" West, a
distance of 25 . 13 feet ; thence South 000 38 ' 23" West , a distance of
50 . 01 feet; thence South 890 37 ' 58" West , a distance of 125 . 14
Exhibit A
Tract No. 4356
Phase II of Tentative Tract No . 4142
Page 2
feet to the beginning of a 350. 00 foot radius tangent curve, concave
to the South; thence Westerly, along said curve, through a central
angle of 05' 32 ' 24" , an arc distance of 33 .84 feet; thence South
89' 39 ' 55" West, a distance of 162 . 62 feet to the beginning of a
400 . 00 foot radius non-tangent curve, concave to the Southeast, a
radial to said beginning bears North 29' 46 ' 31" West; thence
Southwesterly, along said curve, through a central angle of 15' 54 '
15" , an arc distance of 111. 03 feet; thence South 440 19 ' 14" West,
a distance of 11.55 feet; thence South 45' 40' 46" East, a distance
of 125. 00 feet; thence South 27' 07 ' 17" East, a distance of 159 .32
feet; thence South 45' 40 ' 46" East, a distance of 209 . 00 feet;
thence South 59' 30' 44" East, a distance of 137. 57 feet; thence
South 78' 25 ' 35" East, a distance of 74 .36 feet; thence North 89"
37' 58" East, a distance of 706 . 64 feet; thence South 00' 41' 59"
West, a distance of 96 .53 feet; thence South 89' 18 ' 01" East, a
distance of 150 .00 feet; thence South 00' 41' 59" West, a distance
of 19 .23 feet to a point on the North line of said Lot 319 ; thence
North 89' 41 ' 54" East, along the North line of said Lot 319, a
distance of 17 .00 feet to the Northeast corner thereof; thence South
00' 41' 59" West, along the East line of said Lot 319 , a distance of
621.38 feet to the POINT OF BEGINNING.
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