HomeMy WebLinkAboutT-4534 - Agreement/Covenant - 8/18/2006 � 88PURNTO- 95101316
RECORDED CITY OF FRESNO RECORDEDIN OFFICIAL RECORDS OF
DEVFIAPAII1Vf DFS'ARTA�21f f, NU COUNTY, CALIF
2M Fro &red AT-- MlN PAST h1
FRESNO CA 93721.3604
st AUG 16 1995
WILLIAM C. GREENWOOD FEE
County Recordcr J/
AgQUE SPACE TOR RECORDEWS:>USE
AGREEmENT
FO
EARLY ISSUANCE OF BUILDING PERMIT
City of
CMIMMM Ali,
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DEVELOPMENT DEPARTMENT
2600 FRESNO STREET
FRESNO, CALIFORNIA 93721-3604
(209) 498-1591
Tract No. 4534
P.W. He No. 9457
UGM No. 514
THIS AGREEMENT is made this !6tA day of - , 19 9-E .
by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called the
"City," and LEO. A. WILSON AND LAURA A. WILSON, Husband and Wife, as Community
Property, 1233 West Shaw Avenue, Suite 105, Fresno, California 93711 and JAMES M. ANDREOLI,
as Trustee under the James M. Andreoli and Melody R. Andreoli, Inter Vivos Trust Agreement dated
l
Agreement for Early Issuance of Building Permit
Tract No. 4534lUGM 514
Page 2
December 27, 1972, as amended, hereinafter designated and called the ("Owner") and
("Developer").
RECITALS
A. Owner and Developer owen 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 located at northwest
corner of West Bullard and North Cecelia Avenues; and
B. The Owner and Developer 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 apart of
this instrument; and
D. The Owner and Developer intends to construct a residential development on said
Subject Property; and
E. The Owner and Developer have filed and the City has approved Tentative Tract Map
No. 4534 and Owner and Developer anticipate filing a final tract map in the near future; and
F. The Owner and Developer have filed and the City Planning Commission has approved
a Conditional Use Permit for a Planned Development; and
G. Owner and Developer have filed building plans and have requested that the City issue
building permits for model homes on said Subject Property (Lots Nos: 2 through 5 inclusive, with
corresponding addresses: 6061, 6052, 6040 North Stockdale Drive, and 4563 West Rio Bravo Drive
respectively); and
Agreement for Early Issuance of Building Permit
Tract No. 4534/UGM 514
Page 3
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 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.
J. Owner and Developer understand and acknowledge 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 and the Developer that the building permits
be issued as soon as possible; and
L. The action on the Final Tract Map No. 4534 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 I
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
Agreement for Early Issuance of Building Permit
Tract No. 4534/UGM 514
Page 4
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 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 Four Thousand and
00/100 Dollars ($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/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 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/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/Developer has remitted those development fees due as a condition of
approval of this Agreement as follows:
Major Facilities Fees
4 units @ $200/units $800.00
Agreement for Early Issuance of Building Permit
Tract No. 4534/UGM 514
Page 5
Cornelia Trunk Sewer - Major Facilities Fees
4 units C $200/unit $800.00
Waste Water Facilities Charge
4 lots a $1,910.00/lots $7,640,
Total Fees and Charges Due with this agreement $9,240.00
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 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:
Agreement for Early Issuance of Building Permit
Tract No. 4534/UGM 514
Page 6
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.
DATED: 3//5/9-6
CITY OF FRESNO, OWNER AND DEVELOPER
a Municipal Corporation
LEO A. WILSON AND LAURA A WILSON
Husband and Wife, as Community Property
By V���
Alvin P. Solis, Director
Development Department By:
"k?,
Wilson
APPROVED AS TO FORM: By: 14,11As__
ura k Wilson
HILDA CANTU MONTOY
7
ey
THE JAMES M. ANDREOLI AND MELODY R.
ANDREOLI, INTER VIVOS TRUST
NT DATED DECEMBER 27,1972,AS
ty AMENDED
J s M. Andreoli, Trustee
(Attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of
County of 5&Zd_,M2
On before me, C> �. ,Q �•... �
DATE NAME,TITLE OF OFFICE G.,'JANE DOE,NOTARYBLIC-
personally appeared C �- � ,
NAME(S)OF SIGNER(S)
personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the personal whose name(c: is/aim-
subscribed
s/atesubscribed to the within instrument and ac-
knowledged to me that he/sWmNOW executed
the same in hisAbwn44gs*r authorized
capacity(tm ; and that by his/#e s*-
signature* on the instrument the persorr(*,
or the entity upon behalf of which the
personal acted, executed the instrument.
MAXINE A.TAYLOR t WITNESS my hand and official seal.
.'..ter. COMM.1104914)
d Notary Public—Co lfomia <
LOS ANGELES COUNTY
My Comm.En*es JAN 13.1099 SIGNATURE OF N Y
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
®1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.SW7
State of California
County of Fresno
On August 9, 1995 before me, Patricia A. Bizler, 'Rotary Public
DATE NAME,TITLE OF OFFICER.E.G.,'JANE DOE,NOTARY PUBLIC'
personally appeared Leo A. and Laura A. Wilson
NAME(S)OF SIGNER(S) '
lj� personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s)M/are
subscribed to the within instrument.and ac-
knowledged to me thattmts6te/they executed
the same in 90W%7&*/their authorized
capacity(ies), and that by b sibtardtheir
signature(s) on the instrument the person(s),
PATRICIA q. BIXLER or the entity upon behalf of which the
N - COMM. #988384 a person(s) acted, executed the instrument.
N NOTARY PUBLIC-.CALIFORNIA W
FRESNO COUNTY ^/
MY Comm.Expires March 18,1997 WITNESS my hand and official seal.
4
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTRY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184
Agreement for Early Issuance of Building Permit
Tract No. 4534/UGM 514
Page 7
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
) ss.
COUNTY OF FRESNO )
On d 1:5 , 1995, before me, Cz��
personally appeared personally laiown tome (or provided to me on the
basis of satisfactory evidence) to be the persons(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s)on the instrument(s) the person(s), or the entity upon
behalf of the CITY OF FRESNO of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
JACQUELINE L. RYLE, CMC
CITY CLERK
By 0-,&�off-.
DEPUTY
Tract No. 4534
P.W. File No. 9457
EXHIBIT "A"
The subject property referred to in this agreement is situation in the State of California, County of
Fresno, City of Fresno and is described as follows:
PARCEL l:
All that portion of Lots 753, 754, 755, 762, 763 and 764 of Bullard Lands Irrigated Subdivision No. 6,
in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in
Volume 8 pages 25 and 26 of Plats, Fresno County Records, described as follows:
BEGINNING at a point on the Northerly boundary of said Lot 753, which bears 845.5 feet West of
the Northeast corner of said Lot 751; thence South 89°58' West along the Northerly boundary of said
Lots 753, 754 and 755, a distance of 548.5 feet; thence South 0°38.5' West to the intersection with the
South boundary of said Lot 762; thence North 86°46' East along the South boundary of said Lots 762,
763 and 764 to a point which is 845.5 feet West of the East boundary of said Lots 751 and 766;
thence North 0°38.5' East to the POINT OF BEGINNING.
EXCEPTING THEREFROM an undivided one-half interest in all oil, gas and other hydrocarbons and
minerals now or at any time situated in on or under said real property, as reserved by Iola Mae
Liddell, et al, in deed recorded May 19, 1969, in Book 5688 Page 59, as Document No. 34448.
PARCEL 2:
All that portion of Lots 755, 756, 761 and 762 of Bullard Lands Irrigated Subdivision No. 6, in the
City of Fresno, Countv of Fresno, State of California, according to the map thereof recorded in
Volume 8 page 25 and 26 of Plats, Fresno County Records, described as follows:
COMMENCING at a point on the North line of said Lot 755 which is 1394.00 feet West of the
Northeast corner of Lot 751, in said subdivision; thence South 89°58' west along the North line of 755
and 756 in said subdivision, a distance of 331.40 feet; thence South 0°38 1/2' West, parallel with the
East line of Lot 761 in said subdivision to the intersection with the South line of Lot 761 in said
subdivision; thence North 86°46' East, along the South line of Lots 761 and 762 in said subdivision to
a point which is 1394.00 feet west of the East line of Lots 751 and 766, in said subdivision; thence
North 0°38 1/2' parallel with the East line of said Lots 751 and 766 to the POINT OF BEGINNING;
EXCEPT THEREFROM an undivided one-half interest in all oil, gas and other hydrocarbons and
minerals now or at any time situated in, on or under said land as reserved by Norman Liddell, and Iola
Mae Liddell, husband and wife in deed recorded May 19, 1969 in Book 5688 Page 64 of Official
Records, as Document No. 34451.
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