HomeMy WebLinkAboutT-4574 - Agreement/Covenant - 8/17/2006 RRKTVRN M ��.. 171808
CPfY OF kRMO I
DEVFl op Wff UW"TAffiff RSCOR c'IN OFFICIAL RECORDS OF
7600 Fre o Saes FRE COUNTY,CALIF
)ERMO CA"721-M" - AT'- IN PAST
Nov 9 1994
WILLIAM C.GREENWOOD FEE
County Recorder $/
PLEASE CONFORM
SPACE FOR RECORDER'S USE------ -----------------
Tract No. 4574 Development Department
Lots: 21, 22, 24, 26 City of Fresno
32, 34 and 38
P.W. File No. 9703
APN: 502-020-06
Addresses: 5484, 5472, 5466, and
5461 West El Paso Avenue
and 5492, 5468, 5481 West Everrett Avenue, respectively
AGREEMENT
(For Early Issuance of Building Permit)
THIS AGREEMENT is made by and between the CITY OF FRESNO, hereafter "City"
and REGENCY-WILSON III, 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 on the
northside of West River Vista Drive between North Polk and North Hayes 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. 4574
Phase III of Tentative Tract No. 4300
Page 2
D. The Owner/Developer intends to construct a residential development on said Subject
Property; and
E. The Owner/Developer has filed and the City has approved Tentative Tract Map
No. 4300 and Owner anticipates filing a final tract map in the near future; and
F. Owner/Developer has filed building plans and has requested that the City issue
building permits for model homes on said Subject Property (Lots: 21, 22, 24, 26, 32, 34, and
38 at addresses: 5484, 5472, 5466, and 5461 West El Paso Avenue and 5492, 5468, 5481
West Everrett 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/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/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.
J. It is extremely important to the Owner/Developer that the building permits be issued
as soon as possible; and
K. The action on the Final Tract Map No. 4574 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:
Agreement/Early Issuance of Building Permit
Tract No. 4574
Phase III of Tentative Tract No. 4300
Page 3
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/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/Developer shall restore said Subject Property to
its prior condition.
2. Should the Owner/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/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/Developer shall deliver to the
City of Fresno the sum of$1,000.00 per model home for a total amount of$7,000.00
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 retumed 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.
Agreement/Early Issuance of Building Permit
Tract No. 4574
Phase III of Tentative Tract No. 4300
Page 4
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/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:
a. Major Facilities Fees: Grandand Service Area
7 units @ $400/unit $2,800.00
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
Agreement/Early Issuance of Building Permit
Tract No. 4574
Phase III of Tentative Tract No.4300
Page 5
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: Z�m�_ OWNER/DEVELOPER
CITY OF FRESNO,
a Municipal Corpora ' n REGENCY-WILSON III, a California
Limited Partnership
By Fol"
Alvin P. Solis, 151rector By: Leo Wilson Co., Inc., a California
Development Department Corporation, as General Partner
APPROVED AS TO FORM:
By:
JAMES P. LOUGH eo . Wilson, President
Ci tto y
By F7 (Attach Notary Acknowledgment)
D uty
LR:crm:LAND452/7176
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of California
County of Fresnel
On October 31 , 1994 before me, Patricia A. Bixler, Notary Public
DATE NAME,TITLE OF OFFICER-E.G.,'JANE DOE,NOTARY PUBLIC'
personally appeared Leo A. Wilson ,
NAME(S)OF SIGNER(S)
G� personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their 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
. PATRICIA A. BIXLER person(s) acted, executed the instrument.
n COMM. #988384 m
OD
NOTARY PUBLIC-CALIFORNIA N
FRESNO COUNTY WITNESS my hand and official seal.
`•-
MY Comm.Expires Merch 18.1997
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 TRACT 4574
❑ CORPORATE OFFICER EARLY ISSUANCE OF BUILDING PERM T
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 ENTrrY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184
Agreement/Early Issuance of Building Permit
Tract No. 4574
Phase III of Tentative Tract No.4300
Page 6
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
ss.
COUNTY OF FRESNO )
On 111T1994,1994, before me, �d-,-A. �m�..�. personally
appeared'0-&" personally known to me (or pro ided to me on the basis of
satisfactory evidence) to be the persons(1) whose name( is/we subscribed to the within
instrument and acknowledged to me that he/sheAhey--executed the same in his)herAheir-
authorized capacity(iss), and that by his/he#dwir-signature(jr) on the instrument( the
person*, or the entity upon behalf of the CITY OF FRESNO of which the person(O acted,
executed the instrument.
WITNESS my hand and official seal.
JACQUELINE L. RYLE, CMC
CITY CLERK
By C4;r)4: ;4 T
DEPUTY
LR:crm:LAND452/+7176:GL2 L77-L89
Tract No. 4674
P.W. File No. 9703
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of
Trust recorded on March 13 , 19 90 , in the office of the Fresno County Recorder in
Book , Page Document No. 90028380 of which the Deed of
Trust in by and between Regency-Wilson III aS Trustor, union Bank, a California
Corporation
California
as Trustee, and Uni nn Bank, a rn=nrati nn ,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. 4574, Phase III of Tentative Tract No. 4300
DATED: October 28, 19 94
UNION BANK, a California Corporation,
as Trustee Be iary
By:
Ronal , ce President
By: /
Chuck Guinn, Vice President
(Attach Notary Acknowledgement)
LR:am:LAND452/+7176:GL.20 L90
r,,l-----
Certificate Of Acknowledgment
State of California )
County of Fresno )
On October 28. 1994 before rne, Dorothy L. Murphy , a Notary Public for the
State of California.personally appeared $nnalA M_ Dttnn and .hu _k Guinn. Vice Presidents. of
TIM nn Rank
personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose tuune(s)is/are subscribed to the within instrument and
acknowledged to me me that he/sh ecuted sain his/her/their authorized capacity(ies), and that by his/her/tlteir signature(s)on the instrument the
person(s),or ft"t
ty u a f of which the s)acted,executed the instrument.
WI INESS moffncialseal.
Signature (Scat)
.;` DOROTHYL MURPHY
•_ COAP41 ej61907 Z
4 No4,3r'a 9L-6--ie}CalilorMa y
FRES t is COUNTY
My com:;.eRw:roe MAR 24,19%
FORM 00211(Rev.6194)
Tract No. 4574
P.W. File No. 9703
EXHIBIT "A"
The Subject Property referred to in this Agreement is that portion of the Northwest Quarter
of Section 34, Township 12 South, Range 19 East, Mount Diablo Base and Meridian, in the
City of Fresno, County of Fresno, State of California, described as follows:
BEGINNING at the Northeast comer of Tract No. 4300, according to the map thereof
recorded in volume 56 of Plats at Pages 45 and 46, Fresno County Records; thence South
740 01' 38" West, along the North line of said Tract 4300, said North line being the
centerline of West River Vista Drive as shown on said map of Tract No. 4300, a distance of
193.46 feet to the beginning of a 1100.00 foot tangent curve, concave to the North; thence
Westerly, continuing along the North line of said Tract 4300, along the centerline of said
West River Vista Drive, along said curve, through a central angle of 28° 59' 03" an arc
distance of 556.46 feet; thence non-tangent to said curve, North 130 00'41" East, a distance
of 41.00 feet to the beginning of a 1059.00 foot non-tangent curve, concave to the North, a
radial to said beginning bears South 13° 00' 41" West, thence Easterly, along said curve,
through a central angle of 000 04' 24" an arc distance of 1.36 feet; thence non-tangent to
said curve, North 570 45' 01" East, a distance of 16.52 feet; thence North 120 29' 22" East,
a distance of 87.97 feet; thence North 32° 20' 39" West, a distance of 17.49 feet to the
beginning of a 947.00 foot non-tangent curve, concave to the North, a radial to said-
beginning bears South 130 01' 38" West; thence Westerly, along said curve, through a
central angle of 000 09' 02" an arc distance of 2.49 feet; thence non-tangent to said curve,
North 130 10' 40" East, a distance of 50.00 feet; thence North 510 32' 10" East, a distance
of 16.62 feet to the beginning of a 225.00 foot non-tangent curve, concave to the West, a
radial to said beginning bears North 890 30' 21" East; thence Northerly, along said curve,
through a central angle of 080 36' 35" an arc distance of 33.81 feet; thence tangent to said
curve North 090 06' 14" West, a distance of 111.17 feet to the beginning of a 275.00 foot
tangent curve, concave to the East; thence Northerly, along said curve, through a central
angle of 09° 18' 15" an arc distance of 44.66 feet; thence non-tangent to said curve, North
350 16' 01" West, a distance of 19.51 feet; thence North 71° 52' 13" West, a distance of
9.39 feet; thence North 180 07' 27" East, a distance of 50.00 feet; thence North 610 42' 41"
East, a distance of 17.26 feet to the beginning of a 275.00 foot non-tangent curve, concave
to the East, a radial to said beginning bears North 740 03' 49" West, thence Northerly, along
said curve, through a central angle of 020 11' 16", an arc distance of 10.50 feet; thence
tangent to said curve, North 180 07' 27" East, a distance of 172.66 feet; thence North 260
52' 33", West, a distance of 17.46 feet; thence North 180 07' 27" East, a distance of 25.00
Exhibit "A"
Tract No. 4574
Page 2
thence South 71° 52' 33' East, a distance of 37.34 feet to the beginning of a 275.00 foot
tangent curve, concave to the North; thence Easterly along said curve, through a central
angle of 34° 37' 15' an arc distance of I66.I7 feet, to the beginning of a 250.00 foot
reverse curve, concave to the South, a radial to said beginning-bears North 16° 29' 48"
West; thence Easterly, along said curve, through a central angle of 47° 50' 55' an arc
distance of 208.78 feet; thence tangent to said curve, South 580 38' 53" East, a distance of
182.19 feet to the beginning of a 275.00 foot non-tangent curve, concave to the Southeast, a
radial to said beginning bears North 590 36' 52" West; thence Northeasterly, along said
curve, through a central angle of 100 02' 43" an arc distance of 48.21 feet, to the beginning
of a 275.00 foot reverse curve, concave to the west, a radial to said beginning bears South
490 34' 09" East; thence Northerly, along said curve, through a central angle of 390 24' 02"
an arc distance of 189.11 feet to the cusp of said curve; thence tangent to said curve, South
010 01' 49" West, a distance of 694.98 feet to the POINT OF BEGINNING.
LR:c=:LAND:S ubAgmt.1