HomeMy WebLinkAboutT-4564 - Agreement/Covenant - 8/18/2006 M
MMURNTO: � 7 ` 93132643
CrrY OF FRESNO
DEVELOPMENT DEPARTMIIVT
2600 Fre®o Street RECORDED?N Qlrr'!C1AL RECORDS OF
FRESNO CA 93721-3604 K4.'jP 00UN1Y, GAUF ��
AT _MIN PAST--- ---P,�
AUG 31 '1993
.�.5� WILLIAM C. CFE
CONFOFiM Count.-Recorder �-
-------------------ABOVE SPACE FOR RECURI) R� S- USE GREENWOODJ----_±-----------
Tract No . 4564 , Lots : 1 through 9 Development Department
and 29 through 33 City of Fresno
P.W. File No . 9495
APN : 301-081-18 , 40, 41 & 43
Addresses : 1834 , 1825 , 1866 , 1886 ,
1906 , 1926 , 1944 , 1962 and
1976 East La Quinta Drive
and 1941, 1925 , 1891, 1879 , and
1867 East Oak Haven Drive
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 THE HIGHLANDS AT FORT WASHINGTON, a California
Limited Partnership, hereafter ( "Owner" ) and ( "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 southwest corner of East Saint Andrew Drive and North Maple
Avenue between East Behymer and East International Avenues ; and
B . The Owner/Developer intends to construct a residential
development on said Subject Property; and
3
Agreement/Early Issuance of Building Permit
Tract No . 4564 , Phase III of Tentative Tract No . 4480
Page 2
June 28, 1993
C. The Owner/Developer has filed and the City has approved
Tentative Tract Map No . 4480 and Owner anticipates filing a final
tract map in the near future; and
D . Owner/Developer has filed building plans and has requested
that the City issue building permits for model homes on said Subject
Property (Lots Nos : 1 through 9 and 29 through 33 with
corresponding addresses : 1834 , 1825 , 1866, 1886, 1906 , 1926, 1944 ,
1962 and 1976 East La Quinta Drive; and 1941, 1925 , 1891, 1879 , and
1867 East Oak Haven Drive respectively) ; and
E. 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.
F . 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 .
G . 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.
H . It is extremely important to the Owner and the Developer
that the building permits be issued as soon as possible; and
Agreement/Early Issuance of Building Permit
Tract No . 4564 , Phase III of Tentative Tract No . 4480
Page 3
June 28, 1993
I . The action on the Final Tract Map No . 4564 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
harmless and defend the City, its officers , employees and agents
Agreement/Early Issuance of Building Permit
Tract No . 4564 , Phase III of Tentative Tract No . 4480
Page 5
June 28 , 1993
8 . The Owner/Developer has remitted those development fees due
as a condition of approval of this Agreement as follows :
Major Facilities Fees
14 @ $400/unit $5, 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 .
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: 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
Agreement/Early Issuance of Building Permit
Tract No . 4564 , Phase III of Tentative Tract No . 4480
Page 6
June 28 , 1993
Owner/Developer and this covenant shall be of no further force and
effect .
DATED: 7&2 .
CITY OF FRESNO, OWNER/DEVELOPER
a Municipal Corporation
THE HIGHLANDS AT FORT
By le WASHINGTON, a California
,L Limited Partnership
Alvin P. Solis, Director
Development Department By: Heritage Companies , Inc. ,
a California o p0 ation
as GeLeala t er
APPROVED AS TO FORM:
JAMES P. LOUGH By:
City Attorney Kevin C nos ,
Presid nt
B y?�
De, u t
(Attach Notary Acknowledgment)
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GL2 L10
Revised: 08/19/93
STATE OF CALIFORNIA
Z COUNTY OF ESNO } S.S.
W Ong/9 9 3 before me,
o /UL/ f7- E . c�/L✓EI2ST��/Y��
< a Notary Public in and for said County and State,personally appeared FOR NOTARY SEAL OR STAMP
CC personally known to me(or proved to me on the basis of satisfactory
LU evidence)to be the person(s)whose name(s)is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies),and that by his/her/their ARJA E.3ILyERgTROM
signature(s)on the instrument the person(s),or the entity upon behalf COMM.#968471
of which the person(s) acted, executed the instrument. litNdary Pubic—Conor. o
FRESNO COUNiY
WITNESS my hand and official seal Comm.Expires MAR 21,1997
Signature
F 2492(5.91)
Agreement/Early Issuance of Building Permit
Tract No . 4564 , Phase III of Tentative Tract No . 4480
Page 7
June 28, 1993
CLERK' S CERTIFICATE
STATE OF CALIFORNIA )
ss .
COUNTY OF FRESNO )
0n dui--ta 30 1993 , before me, �c
personally appeared ` a sc*z� � 7� personally
known to me (or provided to me on the bas s of satisfactory evidence)
to be the persons (g) whose name(,$) is/are subscribed to the within
instrument and acknowledged to me that he/rh� z executed the same
in authorized capacity(I-e-s-}, and that by his/hev-./theirr-
signature(,g) on the instrument(,X) the person(X) , 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 �»GL�I -�•
EPUTY
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GL2 L10
Tract No . 4564
P.W. No . 9495
EXHIBIT "A"
The Subject Property referred to in this agreement is situated in
that portion of the Southeast quarter of Section 14 , Township 12
South, Range 20 East, Mount Diablo Base and Meridian, in the City of
Fresno, County of Fresno, State of California, described as follows :
BEGINNING at the Southeast corner of said Section 14 ; thence North
000 41 ' 01" East , along the East line of the Southeast quarter of
said Section 14 , a distance of 292 . 00 feet to the TRUE POINT OF
BEGINNING.
Thence North 890 53 ' 37" West, parallel with and 292 . 00 feet North of
the South line of the Southeast quarter of said Section 14 , a .
distance of 812 . 25 feet; thence South 450 06 ' 23 West , a distance of
17 . 46 feet; thence North 89053 ' 37" West , a distance of 50 . 00 thence
North 000 06 ' 23" East, a distance of 139 . 02 feet; thence North 440
53 ' 37" West , a distance of 17 . 46 feet; thence North 000 06 ' 23"
East , a distance of 50 . 00 feet; thence North 450 06 ' 23" East, a
distance of 17. 46 feet; thence North 000 06 ' 23" East, a distance of
94 . 66 feet; thence North 890 53 ' 37" West, a distance of 321 . 00 feet;
thence North 000 06 ' 23" East , a distance of 188 . 44 feet to a point
on the Southerly right-of-way line East Saint Andrew Drive as -deeded
to the City of Fresno, December 8, 1992 as per Document No. 92184171,
Official Records of Fresno County; said point being a point on a
505 . 00 foot non-tangent curve, concave to the Northwest, a radial to
said beginning bears South 250 43 ' 08" East ; thence Easterly, along
the Southerly right-of-way line of said East Saint Andrew Drive, the
following courses :
Northeasterly, along said curve, through a central angel of 030 10 '
57" an arc distance of 28 . 05 feet; thence tangent to said curve,
North 610 05 ' 55" East, a distance of 189 . 21 feet; thence South 730
54 ' 05" East, a distance of 20 .77 feet; thence North 6111 05 ' 55"
East, a distance of 50 . 00 feet; thence North 160 05 ' 55" East, a
distance of 20 . 77 feet; thence North 610 05 ' 55" East, a distance of
31 . 41 feet to the beginning of a 435 . 00 foot tangent curve, concave
to the South; thence Easterly, along said curve, through a central
angle of 290 35 ' 06" an arc distance of 224 . 61 feet; thence tangent
to said curve, South 890 18 ' 59" East, a distance of 627 .46 feet;
thence South 440 18 ' 59" East , a distance of 24 . 81 feet; thence South
890 18 ' 59" East, a distance of 55 . 00 feet to a point of the East
line of the Southeast quarter of said Section 14 , thence South 000
41 ' 01" West, leaving the Southerly right-of-way line of said East
Saint Andrew Drive, along the East line of . the Southeast quarter of
said Section 14 ; a distance of 186 .39 feet; thence North 89° 18 ' 59"
West, a distance of 185 . 00 feet ; thence South 000 41 ' 01" West, a
distance of 100 . 00 feet; thence South 890 18 ' 59" East, a distance of
185 . 00 feet to a point on the East line of the Southeast quarter of
said Section 14 ; thence South 000 41 ' 01" West, along the East line
of the Southeast quarter of said Section 14 , a distance of 386 .45
feet to the TRUE POINT OF BEGINNING.
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