HomeMy WebLinkAboutT-4488 - Agreement/Covenant - 6/29/2006 _ ,, 94008953 KEi.'O m AT REQUEST OF
FNM PLEAS AMERICAN LE INSURANCE COMPANY
CITY OF FRESNO
, si,.•e�'�'�` MIN. PAS M
FRESNO CA 93721-3604 FTTT
JAN 1 9 1994
ORFRESNO COUtM.cKIFOW"
WILUAM C.GREENWOOD,County
Z4L4�
BY DEPUTY RE $
---SPACE ABOVE FOR RECORDER'S USE - - ----------
P.W. File No . 9604 Development Department
Tract No. 4488 City of Fresno
STATEMENT OF COVENANTS
DISCLOSURE AND INDEMNITY
"RESTRICTIONS REGARDING ISSUANCE OF BUILDING PERMIT
REGARDING ACCELERATED OVERSIZE SEWER CHARGE FEE DEFERRAL"
(TRACT MAP NO. 4488)
Phase II of Tentative Tract No . 4381
A Planned Development
RECITALS
WHEREAS, KAUFMAN AND BROAD OF FRESNO, INC. , a California
Corporation, hereinafter referred to as "the Covenantor, " is the
owner of that certain real property in the City of Fresno, County
of Fresno , State of California, hereinafter referred to as "the
Subject Property, " and more particularly described in attached
Exhibit "A, " said property being further subdivided by the final
map of Tract No . 4488 , consisting of Seventy-Two (72) lots ; and
WHEREAS , the Covenantor 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
WHEREAS, all such instruments of Subordination, if any are
attached hereto and made a part of this instrument : and
Statement of Covenants
Disclosure and Indemnity
Tract No . 4488/UGM 457
Page 2
WHEREAS, the Subject Property is required to comply with
"Conditions of Approval" dated November 6, 1991, and modifications
to Condition 46a approved by Planning Commission June 17, 1992 ,
regarding the provision for permanent connection to the future
Grantland Avenue trunk sewer main; and
WHEREAS said modification to Condition 46a provides an
alternative where the developer may pay at the issuance of the
first building permit (excluding permits for model homes) the
estimated Accelerated Oversize Sewer fee at $1, 000 per residential
unit for the total 72 lots of said Final Map of Tract No. 4488 less
any reimbursable credits; and
WHEREAS, Covenantor acknowledges that this is an estimated fee
only and upon adoption of the actual fee the developer will be
refunded any excess fee paid above the adopted rate and developer
shall agree to pay any difference if the fee rate is greater than
the fee paid; and
WHEREAS, the Subject Property is subject to an Accelerated
Oversize Sewer fee in the estimated amount of Seventy-Two Thousand
and 00/100 Dollars ($72 , 000 . 00) ; and
WHEREAS, Covenantor desires to have a final tract map
subdividing the Subject Property approved by the City of Fresno ; and
WHEREAS, Covenantor desires to defer payment of the Accelerated
Oversize Sewer fee until such time as the issuance of the first
building permit (excluding model homes) is requested by the
Covenantor or his successors and assigns for such construction.
Statement of Covenants
Disclosure and Indemnity
Tract No . 4488/UGM 457
Page 3
WHEREAS, the City of Fresno (CITY) is conditioning the issuance
of building permits for model homes for the Final Tract Map to
allow the construction of buildings within the development upon the
Covenantor assuring that the model homes will not be occupied until
payment of the Accelerated Oversize Sewer Charge.
WHEREAS, 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 building permits
for model homes or by the acceptance of such construction upon
inspection.
COVENANTS. CONDITIONS, AND RESTRICTIONS
For favorable action on, and approval of, the Covenantor ' s
final tract map upon the Subject Property, as referred to
hereinabove, Covenantor hereby covenants as follows :
1 . The Accelerated Oversize Sewer fees attributable to
development of Subject Property estimated at Seventy-Two Thousand
and 00/100 Dollars ($72, 000 . 00) less any reimbursable credits shall
be paid by the developer upon occupancy of the first model home or
at the issuance of the first Building Permits (excluding model
homes) for structures to be built upon Subject property.
2 . Covenantor hereby waives any ,and all rights he may have
pursuant to Government Code Section 65961 . The Covenantor hereby
creates a lien upon the Subject Property to guarantee the
oerrormance of the obligations of the Covenantor contained in this
statement .
Statement of Covenants
Disclosure and Indemnity
Tract No. 4488/UGM 457
Page 4
3 . No building permits other than for model homes will be
issued nor any human occupancy allowed for any building on the
Subject Property until payment of the Accelerated Oversize Sewer
fee.
4 . Covenantor will fully disclose in writing to the buyer,
renter, lessee, or occupant of a lot, house or structure within
said development the fact that the Accelerated Oversize Sewer fee
must be paid prior to issuance of the first building permit . The
purchaser, renter, lessee, or occupant of any such house or
structure shall be required to sign an acknowledgement documenting
his receipt and understanding of such notice, which acknowledgement
shall be provided to the City at any time upon demand.
5 . If the entitlement is the approval of a map, Covenantor
agrees to hold harmless, indemnify and defend the City against any
claim, cause of action, litigation, or processed, for damages,
losses or liabilities , including an award of attorney' s fees or
costs , seeking to attack, set aside, void or annul the City' s
foregoing approval of "THE ENTITLEMENT, " which condition may result
in the issuance of building permit for any house or structure
within the development until payment of fees to serve said
subdivision as hereinabove provided. Pursuant to Government Code
66474 . 9 , City shall promptly notify owner of any such claim and
cooperate fully, in its defense. As to other entitlements , and as
to the issuance of building permits, Covenantor agrees to
Statement of Covenants
Disclosure and Indemnity
Tract No . 4488/UGM 457
Page 5
indemnify, hold harmless, and defend the City and each of its
officers , agents, and employees from any and all loss, liability,
costs, and damages (whether in contract , tort or strict liability,
including but not limited to personal injury, death at any time and
property damage) , and from any and all claims, demands and actions
in law or equity (including attorney' s fees and legal expenses) ,
arising or alleged to have arisen directly or indirectly out of or
in any way connected with (a) the making of this agreement; (b)
performance or installation of the work or improvements by the
Owner, its employees, officers, agents, contractors or
subcontractors, or (c) design, installation, operation or
maintenance of the work and improvements, regardless of whether the
City is actively or passively negligent , except for liability,
loss , costs or damage caused solely by the negligence or willful
misconduct of the City or its officers , agents, or employees .
6 . Each of the covenants, conditions and restrictions
contained in this Statement shall run with the Subject Property and
shall be binding upon each successive owners of the Subject
Property, his heirs, representatives , successors and assigns .
Further, the provisions set forth in paragraphs 1 and 2 are
intended to implement conditions of approval for issuance of
building permits for "THE ENTITLEMENT; " which condition of approval
must be disclosed to buyers , renters , lessees or occupants of said
parcels or buildings in the manner set forth in California Business
Statement of Covenants
Disclosure and Indemnity
Tract No . 4488/UGM 457
Page 6
and Professions Code 11010(b) (8) et seq. , notwithstanding the
default, foreclosure, or bankruptcy of the Covenantor, its heirs,
representative, successors or assigns .
7 . The conditions of this Statement are intended to benefit
the public and public properties . Accordingly, the City of Fresno
shall have the right to enforce this Statement by any legal or
equitable means . All obligations of the Covenantor in this
Statement shall inure solely to the benefit of the City of Fresno.
There are no third party beneficiaries of said obligations nor
shall the right of the City of Fresno be transferable in any manner
to any person other than to a successor municipal corporation whose
geographic boundaries include the Subject Property.
8 . The conditions and obligations of this Statement shall
remain in full force and effect until such time as the Director of
the Development Department of the City of Fresno issues a written
release of such conditions and obligations .
9 . The provisions of this Statement shall be deemed
independent and severable and the invalidity or partial invalidity
or unenforceability of any one provision or portion thereof shall
not affect the validity or enforceability of any other provisions
hereof . whenever the context of the Statement so requires , in
Statement of Covenants
Disclosure and Indemnity
Tract No. 4488/UGM 457
Page 7
interpreting this Statement, any gender includes the other genders,
the singular include the plural, and the plural includes the
singular .
DATED:
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
By /�j KAUFMAN AND BROAD OF FRESNO, INC. ,
%LO ZZ2 a California or oration
.�� Alvin P. Solis, Director
Development Department
By:
�G
APPROVED A TO FO Richard R. Ciskowski
President
JAMES L UGH
City t or
By:
By William P. West
Deputy Assistant Secretary
(Attach Notary Acknowledgment)
RIGHTTlfuaernlrrr ovrwNu
State of Com-� � � ✓h�G'i^
County of rVEShd
D« . I� , 1'001 . Dv �3o�s N��a
On before me, D D
a
MK V"E.TITLE OF OFFICER-1.E.JANE DOE..NOTARY BL1C')
personally appeared W I I l I ave �• �h.�C '4 Q 1/1 d CAPACITY CLAIMED BY SIGNER(S)
�/ (NAME(S)OF SIGNER(S)) O INDIVIDUAL(S)
Zi G�a V�L - l,I S Q.k6tAJSK I O CORPORATE
OFFICER(S)
O PARTNER(S) MTLE(S))
personally known to me -OR- O proved to me on the basis of satisfactory evidence O ATTORNEY IN FACT
to be the person(s) whose name(s) is/are sub- O TRUSTEE(S)
scribed to the within instrument and acknowledged O GUARDIAN/CONSERVATOR
to me that he/she/they executed the same in O OTHER:
his/her/their authorized capacity(ies), and that by
DIANE D. DU BOTS his/her/their signature(s) on"the instrument the
r` m person(s). or the entity upon behalf which the
ND� SIGNER IS REPRESENTING:
m O person(s)acted,executed the instrument. QWAE OF PERSONM OR VMWOM)
my� �1 Witness my hand and official seal. -
MEAW (BKWATM of
ATTENTION NOTARY:The information requested below is OPTIONAL It could,however.prevent fraudulent attachment of this certficate to any unauthorized document
' THIS CERTIFICATE Tide or Type of Document
MUST BE ATTACHED Number of Pages Date of Document
TO THE DOCUMENT
DESCRIBED AT RIGHT: Signer(s)Other Than Named Above
OLCOTTS FORM NNO—ALL PURPOSE AC*VMJ DOMEFar WH$00 CAFAC0Y/REPRESWXr1ON/F#X RPRwr—Rev.12-92 01M WOLCOM FORMS.
1/ .R
Statement of Covenants
Disclosure and Indemnity
Tract No. 4488/UGM 457
Page 8
CLERK' S CERTIFICATE
STATE OF CALIFORNIA )
ss .
COUNTY OF FRESNO )
On December 30 1993 before me, Cindy Hamby
personally appeared Mark Williamson, Building & Safety Services Manager
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the persons($) whose name(,g) is/ire subscribed to the
within instrument and acknowledged to me that he/=e4t4wr executed
the same in r
his/has:wr/tielr authorized capacity(3e--+) , and that by
his/heFort a signature(,$) on the instrument(X) the person , or the
entity upon behalf of the CITY OF FRESNO of which the person
acted, executed the instrument .
WITNESS my hand and official seal .
JACQUELINE L. RYLE, CMC
CITY CLERK
By
D PUTY
BJW:crm:LAND415/+6621
P.W. File No. 9604
Tract No . 4488
EXHIBIT "A"
DESCRIPTION
The real property situated in the State of California, County of
Fresno, City of Fresno, and is described as follows :
That portion of the Northeast quarter of the Southwest quarter of
Section 15, Township 13 South, Range 19 East, Mount Diablo Base and
Meridian, in the City of Fresno, State of California, according to
the United States Government Township Plat thereof and more
particularly described as follows :
BEGINNING at a point of the West line of said Northeast quarter of
the Southwest quarter of Section 15, said point being 530 . 00 feet
Southerly along said West line from the Northwest corner thereof,
said point also being the Southwest corner of Tract No. 4381 as
recorded in Volume 54 of Plats, at Page 76 and 77, Fresno County
Records; thence running along the Southerly line of said Tract
No . 4381, South 89' 45 ' 12" East, a distance of 101. 50 feet; thence
South 00' 14 ' 48" West, a distance of 32 .48 feet; thence South 89'
50 ' 40" East, a distance of 1212 . 85 feet to a point on the East line
of said Northeast quarter of the Southwest quarter of Section 15;
thence South 00' 08 ' 32" West along said East line, a distance of
495 . 66 feet; thence leaving said East line, North 89' 51 ' 28" West,
a distance of 55 . 00 feet; thence North 00' 08 ' 32" East, a distance
of 5 . 77 feet; thence North 430 13 ' 22" West, a distance of 16. 56
feet to a point on a non-tangent curve concave to the Northeast,
with a radius of 625 . 00 feet, the radius point of which bears North
030 36 ' 22" East; thence Northwesterly along the arc of said
non-tangent curve, a distance of 130 . 62 feet, through a central
angle of 11' 58 ' 27" to the point of tangency; thence North 74' 25 '
11" West a distance of 117 . 60 feet to point of a curvature of a
curve concave to the Southwest, with a radius of 575 . 00 feet; thence
along said tangent curve through a central angle of 04' 28 ' 49" an
arc length of 44 . 96 feet to the point of non-tangency; thence South
500 30 ' 55" West, a distance of 16 .74 feet; thence North 810 42 ' 27"
West, a distance of 50 . 51 feet; thence North 420 57 ' 23" West, a
distance of 17 . 77 feet to a point of non-tangent curve, concave to
the South, with a radius of 575. 00 feet, the radius point of which
bears South 030 33 ' 30" West; thence Westerly along said curve, an
arc distance of 34 . 15 feet, through a central angle of 03' 24 ' 10"
to the point of tangency; thence North 890 50 ' 40" West, along a
line parallel to the South line of said Tract No . 4381, a distance
of 689 . 82 feet; thence South 450 11 ' 07" nest, a distance of 17 .70
feet; thence North 890 44 ' 43" West, a distance of 50 . 00 feet;
thence North 00' 14 ' 48" East parallel to the west line of said
Northeast quarter of the Southwest quarter of Section 15, a distance
of 314 . 40 feet; thence North 890 45 ' 12" west, a distance of 101. 50
feet more or less to the West line of said Northeast quarter of the
Southwest quarter of Section 15; thence North 000 14 ' 48" East along
said West line, a distance of 135 . 00 feet, more or less, to the
POINT OF BEGINNING.
BJW:crm: LAND415/+66.' 1