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HomeMy WebLinkAboutT-4759 - Agreement/Covenant - 8/17/2006 ti 97055201 -CORDED IN OFFICIAL,-��%,ORDS FRESNO c c ..AT MIN.PAST .n PLEASE CONFORM TR29M7 WILLIAM C.GREENWO00 FE County Recorder ...........................*"'..'."--....:.:..-...:.i*o � ... ............. ....... .......... ...... .. ......... ..... .. . . . . .... ........... ::.F0RMEG0*.R3E . .... ............ .. .. ...... ....... .... .. . .. ....... 3-VU NNW . . ................... ................. . ...... ....... GREEMENT FOR EARLY ISSUANCE OF BUILDING MURT City of X1Z DEVELOPMENT DEPARTMENT 2600 FRESNO SIMM FRESNO, CALEFOWM 93nl-3604 (209)498-1591 Tract No. 4759 P.W. He No. 9906 UGM No. 578 THIS AGREEMENT is made this day of ' 19-L7 , by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called the "City," and GRANVILLE HOMES, INC.,a California Corporation, 1396 West Herndon Avenue, Suite 101, Fresno, California 93711 hereinafter designated and called the ("Owner") and ('Developer'). i Agreement for Early Issuance of Building Permit Tract No. 4759/UGM 578 Page 2 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 located on the west side of North Sommerville Drive (currently known as North Chestnut Avenue) between East Perrin and East Shepherd Avenues; and 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 Tentative Tract Map No. 4759 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: 101, 102, 103, 104, 105, 106, and 107, with corresponding addresses: 2403, 2387, 2371, 2368, 2372, 2388, and 2404 East Pryor 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 Agreement for Early Issuance of Building Permit Tract No. 47591UGM 578 Page 3 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 I. The action on the Final Tract Map No. 4759 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. Agreement for Early Issuance of Building Permit Tract No. 4759/UGM 578 Page 4 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 Seven Thousand and 00/100 Dollars ($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 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 alien 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: Water Meters 7-1" Meters @ $320.00/each $21,240.00 Major Facilities Fees 7 units @ $400/units $2,800.00 Waste Water Facilities Charge 7 lots 0 $2,180.00/lots $15,260, Total Fees and Charges Due with this agreement $201,300.00 Agreement for Early Issuance of Building Permit Tract No. 47591UGM 578 Page 5 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 Owner/Developer and this covenant shall be of no further force and effect. DATED: CITY OF FRESNO, OWNER/DEVELOPER a Municipal Corpora GRANVIIIE HOMES, INC., a California 0 oration By Alvin P. Solis, Director Development Department Farid Assemi, President APPROVED AS TO FORM: HILDA CANTtJ MONTOY i rney Deputy (Attach Notary Acknowledgment) Agreement for Early Issuance of Building Permit Tract No. 4759/UGM 578 Page 6 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) ss. COUNTY OF FRESNO ) On APRIL 28TH , 1997, before me, annelyne nueret personally appeared A 1 v i n s o 1 i s, n i r e c t o rpersonally 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 acknowledged 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 UTY Opp! 11,51111, 01 • k X. +'•:1 k:4 CALIFORNIA = 0 ALL-PURPOSE h� - ACKNOWLEDGEMENT STATE OF CALIFORNIA ) Y COUNTY OF Fresno > On Apri 1 18. 1997 before me. Sharon R. Mills. Notary Public DATE ANIh.TITLE OF OFFICER I G. *J.%%F DOE.NOTARY PI BLI("' personally appeared. Farid Asseml personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/aw w ` subscribed to the within instrument and acknowledged to me that he/>-i AW-y executed the same in hisAWF�Ii @i authorized capacity(ies),and that by his/ho;AW4 signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. •h..: WITNESS my hand and official seal. USharon R. Mills3 AS Comm.#1035582 V NOTARY PUBLIC CALIFORNIA- 2 FRESNO COUNTY n Comm Expires Aug.14.1898 j r 1 (SEAL) V)T.ARY PUBLIC SI . ATURE y'. OPTIONAL INFORMATION TITLE OR "TYPE OF DOCUMENT DATE OF DOCUMENT NUMBER OF PAGES SIGNER(S)OTHER THAN NAMED ABOVE t:: :i t EXHIBIT "A" LEGAL DESCRIPTION That portion of Section 24, Township 12 South, Range 20 East, Mount Diablo Base and Meridian, in the City of Fresno, County of Fresno, State of California according to the Official Plat thereof, described as follows: Beginning at the South quarter corner of Section 24; thence along the East line of the West half of said Section 24; North 00°16'30" West, a distance of 921.03 feet to the true point of beginning; thence continuing along said East line, North 00°16'30" West a distance of 1742.11 feet to the center quarter corner of said Section 24; thence North 89016'12" East along the North line of the Southeast quarter of said Section 24 a distance of 1313.24 feet; thence North 00015'20" West a distance of 637.02 feet; thence South 89016'12" West, a distance of 1135.05 feet; thence South 00015'10" East a distance of 285.01 feet; thence South 89016'12" West a distance of 25.87 feet; thence South 88006'37" West a distance of 74.52 feet; thence South 84052'27" West a distance of 77.04 feet; thence South 81002'32" West a distance of 77.02 feet; thence South 77°12'39" West.a distance of 77.02 feet thence South 73 022'46" West a distance of 77.02 feet; thence North 61026'27" West a distance of 75.33 feet; thence North 46°36'21" West a distance of 73.47 feet; thence North 48°30'05" West a distance of 73.47 feet; thence North 50023'48" West a distance of 73.47 feet; thence North 52017132" West a distance of 73.47 feet; thence North 54011'15" West a distance of 73.47 feet; thence North 55°39'34" West a distance of 71.16 feet; thence North 55°46'08' West a distance of 150.00 feet; thence North 41°37'40" West a distance of 82.00 feet to a point on a non-tangent curve concave to the Southeast having a radius of 741.00 feet; thence Southwesterly along said curve through an interior angle of 14°08'28" an arc length of 182.88 feet to a tangential line bearing South 34013'52" West; thence proceeding along said line a distance of 40.51 feet; thence South 43019'41" West a distance of 12.65 feet; thence South 34013'52" West a distance of 85.45 feet; thence South 79013'11" West a distance of 20.57 feet; thence South 34°13'52" West a distance of 57.00 feet; thence South 55°46'08" East a distance of 199.24 feet; thence South 00015'13" East a distance of 2089.35 feet to a point along the East line of Tract No. 4362, recorded in Volume 54 of Plats at Pages 23, 24 and 25, Fresno County Records; thence North 89016'23" East, a distance of 898.28 feet to the true point of beginning. Excepting therefrom that portion thereof described as follows: Commencing at a point on the East line of the West half of said Section 24, said point being 921.03 feet North of the South quarter corner of said Section 24; thence South 89016'23" West a distance of 898.28 feet to a point on the East line of said Tract No. 4362; thence North 00°15'13 West along said East line of Tract No. 4362, along the East line of Tract No. 4405, according to the map thereof recorded.in Volume 56 of Plats at pages 56 and 57, Fresno County Records, and along the Northerly prolongation thereof, a distance of 1486.96 feet to the true point of beginning of this description; thence continuing along said Northerly prolongation of the East line of Tract No. 4405, North 000 15113"West a distance of 535.65 feet; thence South 55°46'08" East a distance of 78.09 feet to the point of curvature of a curve, concave to the Southwest, with a radius of 1795.00 feet; thence Southeasterly along said curve, through an interior angle of 10000'07", an arc distance of 313.35 feet; thence along a non-tangent line, South 36°25'18" East a distance of 12.58 feet to a point on a non-tangent curve, concave to the Southwest, with a radius of 1793.00 feet(the radial to said point bears North 44037148" East); thence Southeasterly along said curve, through, an interior angle of 07°04'11", an arc distance Legal Description - Page 1 Agreement for Early Issuance of Building Permit Tract No. 4759/UGM 578 Page 2 of 221.24 feet; thence South 10°13'06" West a distance of 21.84 feet; thence South 58°28'30" West a distance of 7.58 feet to the point of curvature of a curve, concave to the Northwest, having a radius of 645.00 feet; thence Southwesterly along said curve, through an interior angle of 20°12'43", an arc distance of 227.53 feet to an intersection with a non-tangent curve, concave to the North, with a radius of 653.00 feet(the radial to said non-tangent curve bears South 13°07'48" East); thence Westerly along said curve, through an interior angle of 21°03'56", an arc distance of 240.08 feet to the true point of beginning. Also excepting therefrom that portion thereof described as follows: Beginning at a point on the East line of the Southwest quarter of said Section 24; said point being 618.60 feet South of the Northeast corner thereof, thence South 00°16'30 East, along said East line a distance of 176.96 feet to a point on a non-tangent curve, concave to the Southwest, having a radius of 1905.00 feet (the radial to said point bears North 75°55'25" East); thence Northwesterly along said curve, through an interior angle of 03°51'53", an arc distance of 128.50 feet; thence North 15°38'19" East a distance of 20.57 feet to a point on a curve, concave the Northwest, having a radius of 177.00 feet; (the radial to said point bears South 41°59'58" East); thence Northeasterly along said curve, through an interior angle of 14°25'35", an arc distance of 44.57 feet to the point of beginning. Also excepting therefrom that portion thereof described as follows: Commencing at a point on the East line of the Southwest quarter of said Section 24, said point being 145.80 feet South of the Northeast corner thereof; thence South 89°43'30" West a distance of 24.00 feet to the true point of beginning of this description; thence South 00°16'30" East, parallel with and 24.00 feet West of the East line of said Southeast quarter of Section 24, a distance of 374.21 feet to the point of curvature of a curve, concave to the Northwest, with a radius of 123.00 feet; thence Southwesterly along said curve, through an interior angle of 21°41'32", an arc distance of 46.57 feet to the point of curvature of a compound curve, concave to the Northwest, with a radius of 23.00 feet; thence Southwesterly along said curve, through an interior angle of 30°06'11, an arc distance of 12.08 feet; thence North 89°58'46 West a distance of 28.78 feet to a point on a non-tangent curve, concave to the Southwest, having a radius of 1905.00 feet (the radial to said point bears North 68°58'08" East); thence Northwesterly along said curve, through an interior angle of 05°33'21", an arc distance of 184.72 feet; thence along a non-tangent line, North 17°43'32" West a distance of 12.71 feet to a point on a non-tangent curve, concave to the Southwest, with a radius of 1907.00 feet(the radial to said point bears North 63°02'08" East); thence Northwesterly along said curve, through an interior angle of 06°39'15", an arc distance of 221.48 feet; thence North 12°19'02" East a distance of 22.72 feet; thence North 58°28'30" East a distance of 35.70 feet to the feet to the point of curvature of a curve, concave to the Southeast, with a radius of 745.00 feet; thence Northeasterly along said curve, through an interior angle of 14036'42", an arc distance of 189.99 feet; thence South 60008'40" East a distance of 20.87 feet to a point on a non-tangent curve, concave to the West, with a radius of 223.00 feet (the radial to said point bears North 76039'27 East); thence Southerly along said curve, through an interior angle of 13004'03", an arc distance of 50.86 feet to the true point of beginning. WT51 =M4739mAcc Legal Description - Page 2