HomeMy WebLinkAboutT-4741 - Agreement/Covenant - 8/17/2006 Q-10-+.3635
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AGREEMENT.
FOR
EARLY ISSUANCE OF BUILDING PERNIIT
city of
DEvEL pmENT DEPARTMENT
UN FRESNO STREET
FRESNO, CALIFORNIA 93721-3604
(209) 498-1591
Tract No. 4741
Phase I of Vesting Tentative Tract No. 4741
P.W. dile No. 9909
UGM No. 574
THIS AGREEMENT is made this 31st day of lurch , 19 97 ,
by and between the CITY OF FRESNO, a Municipal Corporation, hereinafter designated and called
the `City,` and CENTEX HOMES, a Nevada General Partnership, 1840 South Central Avenue,
Visalia, California 93277, hereinafter designated and called the ("Owner") and ("Developer").
Agreement for Early Issuance of Building Permit
Tract No. 4741/UGM 574, Phase I of
Vesting Tentative Tract No. 4741
Page 2
RECITALS
A. Owner owns real property situated in the Cityof Fresno, Ctmty 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 on the east side of North Chestnut
Avenue between East Shepherd and East Perrin Avenues.
B. The Owner/Developer intends to construct a residential development on said Subject
Property; and
C. The Owner/Developer has filed and the City has approved Vesting Tentative Tract
Map No 4741 and the Owner anticipates filing a final tract map in the near future; and
D. The Owner and Developer have filed and the City Planning Commission has approved
a Conditional Use Permit for a Planned Development; and
E. Owner/Developer has filed building plans and has requested that the City issue
building permits for model homes on said Subject Property (Lots Nos: 80, 81 and 82 inclusive, with
corresponding addresses: 2562, 2570 and 2561 East Ryan Lane, respectively); and
F. 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.
G. 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.
H. 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.
I. It is extremely important to the Owner and the Developer that the building permits
r
Agreement for Early Issuance of Building Permit
Tract No. 4741/UGM 574, Phase I of
Vesting Tentative Tract No. 4741
Page 3
be issued as soon as possible; and
J. The action on the Final Tract Map No. 4741 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
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/Developer shall deliver to the
City of Fresno the sum of$1,000.00 per model home for a total amount of Three Thousand and
00/100 Dollars ($ 3,000.00)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
Agreement for Early Issuance of Building Permit
Tract No. 4741/UGM 574, Phase I of
Vesting Tentative Tract No. 4741
Page 4
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:
1-inch Water Meter
3 meters @ $ 320.00/Meter $ 960.00
Major Facilities Fees
3 units @ $ 200/units $ 600.00
Hemdon Trunk Sewer - Major Facilities Fees
3 units @ $ 200/unit $ 600.00
Waste Water Facilities Charge
3 lots 0 $ 2,180.00/lots $ 6.540.00
Total Fees and Charges Due with this agreement $ 8,700.00
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,
Agreement for Early Issuance of Building Permit
Tract No. 4741/UGM 574, Phase I of
Vesting Tentative Tract No. 4741
Page 5
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 Owner/Developer and this
covenant shall be of no further force and effect.
DATED: APRIL 14TH, 1997
CITY OF FRESNO, OVaUR/DEVELOPER
a Municipal Corpo . n
CENTEX HOMES, a Nevada
General Partnership
By
Al ' . So s, irector
Development Department
B I: A
ATTEST: Aicgdor�, Division President
REBECCA E. KLISCH
CITY CLERK
(Attach Notary Acknowledgment)
By
Del
rAST(O FORM:
AC M
ity ttorn
By
Deputy '
LR:lr abp4741.doc Revised: 03/75/1997
Agreement for Early Issuance of Building Permit
Tract No. 4741/UGM 574, Phase I of
Vesting Tentative Tract No. 4741
Page 6
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
) ss.
COUNTY OF FRESNO )
On APRIL 14TH , 1997, before me, JOCELYNE GUERET personally
appeared ALVIN P. SOLIS, DEVELOPMENT DIRECTOR personally known to me
(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 aclmowledged 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(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.
REBECCA E. KLISCH
CITY CLERK
By
D
TRACT NO.4741/UGM 574, Phase I of
Vesting Tentative Tract No. 4741
P.W. NO. 9886
EN=lT "A"
LEGAL DESCRIPTION
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:
THAT PORTION OF LOTS 54, 55, 56 AND 57 OF SHEPHERD AND TEAGUE TRAGI NO. 4, ACCORDING TO
THE MAP THEREOF RECORDED IN BOOK 2 OF RECORD OF SURVEYS AT PAGE 81, FRESNO COUNTY
RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EAST LINE OF SAID LOT 57, SAID POINT BEING 622.00 FEET SOUTH
OF THE NORTHEAST CORNER THEREOF; THENCE SOUTH 00°16'38" EAST, ALONG THE EAST LINE OF
SAID LOTS 57 AND 46, A DISTANCE OF 499.03 FEET; THENCE SOUTH 89°16'12"WEST, A DISTANCE OF
440.02 FEET; THENCE SOUTH 88°27'27"WEST, A DISTANCE OF 25.56 FEET; THENCE SOUTH 82°54'25"
WEST, A DISTANCE OF 67.12 FEET; THENCE SOUTH 74°39'51" WEST, A DISTANCE OF 67.13 FEET;
THENCE SOUTH 67°24'04"WEST, A DISTANCE OF 68.96 FEET; THENCE SOUTH 70°41'10"WEST, A
DISTANCE OF 79.55 FEET; THENCE SOUTH 76°54'27" WEST, A DISTANCE OF 79.55 FEET; THENCE
SOUTH 83°07'43" WEST, A DISTANCE OF 79.55 FEET; THENCE SOUTH 87°32'15"WEST, A DISTANCE OF
40.79 FEET; THENCE SOUTH 89°16'18" WEST, A DISTANCE OF 130.88 FEET; THENCE NORTH 00°43'22"
WEST, A DISTANCE OF 108.21 FEET; THENCE SOUTH 89°16'18"WEST, A DISTANCE OF 23.03 FEET TO
THE POINT OF CURVATURE OF A CURVE, CONCAVE TO THE SOUTHEAST, WITH A RADIUS OF 45.00
FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH AN INTERIOR ANGLE OF 22°55'10",
AN ARC DISTANCE OF 18.00 FEET TO THE POINT OF CURVATURE OF A REVERSE CURVE, CONCAVE
TO THE NORTH, WITH A RADIUS OF 50.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE,
THROUGH AN INTERIOR ANGLE OF 22055'10", AN ARC DISTANCE OF 20.00 FEET; THENCE SOUTH
89-16'18- WEST, A DISTANCE OF 215.18 FEET TO A POINT ON THE WEST LINE OF THE SOUTHEAST
QUARTER OF SECTION 24, TOWNSHIP 12 SOUTH,RANGE 20 EAST, MOUNT DIABLO BASED AND
MERIDIAN;THENCE NORTH 00"16'30" WEST, ALONG THE WEST LINE OF THE SOUTHWEST QUARTER
OF SECTION 24, A DISTANCE OF 457.07 FEET TO ITS INTERSECTION WITH THE WESTERLY
PROLONGATION OF THE NORTH LINE OF SAID LOT 56; THENCE NORTH 89°14'56" EAST, ALONG THE
NORTH LINE OF SAID LOT 56 AND ITS WESTERLY PROLONGATION, A DISTANCE OF 400.06 FEET;
THENCE SOUTH 00°16'26"EAST, A DISTANCE OF 291.72 FEET; THENCE NORTH 84°12'56" EAST, A
DISTANCE OF 26.28 FEET; THENCE NORTH 79°23'10"EAST, A DISTANCE OF 68.00 FEET; THENCE
NORTH 70°58'25"EAST, A DISTANCE OF 69.00 FEET; THENCE NORTH 67°34'31" EAST, A DISTANCE OF
71.89 FEET; THENCE NORTH 72"26'03"EAST, A DISTANCE OF 80.92 FEET; THENCE NORTH 79°40'49"
EAST, A DISTANCE OF 80.92 FEET; THENCE NORTH 86°16'33" EAST, A DISTANCE OF 87.02 FEET;
THENCE NORTH 89016'12"EAST, A DISTANCE OF 286.01 FEET; THENCE NORTH 00°16'38"WEST, A
DISTANCE OF 234.27 FEET; THENCE NORTH 89°43'22" EAST, A DISTANCE OF 158.00 FEET TO
THE POINT OF BEGINNING.
TOGETHER WITH THAT PORTION DESCRIBED AS BEGINNING AT A POINT ON THE NORTH LINE OF
THE SOUTHERN PACIFIC RAILROAD RIGHT-OF--WAY, SAID POINT BEING 93.00 FEET WEST OF THE
INTERSECTION OF SAID NORTH RIGHT-OF-WAY LINE WITH THE EAST LINE OF SAID LOT 54; THENCE
J y
A
Tract No. 4741/UGM574,Phase I of
Vesting Tentative Tract No. 4741
P.W. File No. 9909
Page 2
SOUTH 89-19'17-WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 1220.33 FEET TO
ITS INTERSECTION WITH THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 24,TOWNSHIP 12
SOUTH, RANGE 20 EAST, MOUNT DIABLO BASE AND MERIDIAN, SAID POINT OF INTERSECTION BEING
84.40 FEET NORTH OF THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER OF SECTION 24;
THENCE NORTH 00°16'30"WEST, ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER OF SECTION
24, A DISTANCE OF 729.13 FEET; THENCE NORTH 89°43'30"EAST, A DISTANCE OF 55.00 FEET; THENCE
SOUTH 45°28'31" EAST, A DISTANCE OF 16.53 FEET; THENCE NORTH 89°19'17" EAST, A DISTANCE OF
178.25 FEET; THENCE SOUTH 00°40'43"EAST, A DISTANCE OF 50.00 FEET, THENCE SOUTH 44°31'24"
WEST, A DISTANCE OF 17.49 FEET; THENCE SOUTH 00°16'30"EAST, PARALLEL i EL WITH THE WEST LINE
OF SAID SOUTHEAST QUARTER OF SECTION 24, A DISTANCE OF 190.32 FEET; THENCE SOUTH 45028'36"
EAST, DISTANCE OF 17.42 FEET; THENCE NORTH 89°19'17"EAST, A DISTANCE OF 326.48 FEET TO THE
POINT OF CURVATURE OF A CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 575.00 FEET;
THENCE EASTERLY ALONG SAID CURVE, THROUGH AN INTERIOR ANGLE OF 09°17'49",AN ARC
DISTANCE OF 93.30 FEET TO THE POINT OF CURVATURE OF A REVERSE CURVE, CONCAVE TO THE
SOUTH, HAVING A RADIUS OF 625.00 FEET; THENCE EASTERLY ALONG SAID CURVE, THROUGH AN
INTERIOR ANGLE OF 18°35'37", AN ARC DISTANCE OF 202.82 FEET TO THE POINT OF CURVATURE OF
A REVERSE CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 575.00 FEET; THENCE EASTERLY
ALONG CURVE, THROUGH AN INTERIOR ANGLE OF 09°17'49",AN ARC DISTANCE OF 93.30 INET;
THENCE NORTH 89°19'17"EAST A DISTANCE OF 183.42 FEET; THENCE NORTH 44°31'20"EASE', A
DISTANCE OF 17.49 FEET; THENCE NORTH 89°43'22"EAST, A DISTANCE OF 50.00 FEET, THENCE
SOUTH 00°16'38" EAST, A DISTANCE OF 240.99 FEET TO A POINT OF CURVATURE OF A CURVE,
CONCAVE TO THE EAST HAVING A RADIUS OF 45.00 FEET; THENCE SOUTHEASTERLY ALONG SAID
CURVE, THROUGH AN INTERIOR ANGLE OF 32°38'13",AN ARC DISTANCE OF 25.63 FEET TO THE POINT
OF CURVATURE OF A REVERSE CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 50.00
FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH AN INTERIOR ANGLE OF 105°28'59",
AN ARC DISTANCE OF 92.05 FEET; THENCE SOUTH 16°09'48" EAST, A DISTANCE OF 128.80 FEET TO
THE POINT OF BEGINNING.
EXI�BIT "A"
; L
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Tulare
On March 31, 1997 before me, R. Hensley
Date Name and Title of Officer(e.g.,'Jens Doe,Notary Pubfie)
personally appeared Rick Langdon
Names)of Sign&%
$personally known to me–OR–❑proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) istare subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in histher/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 person(s) acted,
R HENSLEY executed the instrument.
COMM.•1005M Z
Z Notary Pic–Caifar. ' WITNESS my hand and official seal.
T1A.ARE COUNTY
My Comm.Expires SEP 26.1997
- -
Signature of Notary Pubtic
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document: Agreement for Early. Issuance of Building Permit
tr
Document Date: March 31, 1997 Number of Pages: 9
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Rick Langdon Signer's Name:
h Individual ❑ Individual
IX Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner—❑ Limited ❑General ❑ Partner—❑ Limited ❑ General
❑ Attomey-in-Fact ❑ Attomey-in-Fact
❑ Trustee _ ElTrustee _
El Guardian or Conservator ❑ Guardian or Conservator
❑ Other. Top of muff nem ❑ Other. Top of thumb Rare
Signer Is Representing: Signer Is Representing:
Centex Homes
01994 National Notary AmocisEon-8238 Remrnat Ave.,P.O.Banc 7184-Canoga ParK CA 91309-7184 Prod.No.5907 Reorder.Catt To/-Fres 1-000.876.8827