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HomeMy WebLinkAboutT-5205 - Agreement/Covenant - 4/25/2006 (2) i Ir WHEN RECORDED MAIL TO: City Clerk City of Fresno g 2600 Fresno Street C Fresno, CA 93721-3603 z 0412512006,20060086697 0 v NO FEE-Government Code 6103 CITY OF FRESNO Planning and Development Department P.W. File No. 10830 JAF: 1176, 1215, 1232, 1250, 1280, 1311, 1314, 1332, 1343, 1350, 1359, 1396, 1412, 1423, 1428, 1440, 1448, 1451, 1456 East Via Marbella Drive 11201 North Via Polermo Way 11217 North Via Trevisio Way AGREEMENT FOR EARLY ISSUANCE OF MODEL HOME BUILDING PERMITS TRACT NO. 5205 t ' Agreement for Early Issuance of Model Home Building Permits Tract No. 5205/UGM Page 2 THIS AGREEMENT is made this-21 day of Max h 200(a by and between the CITY OF FRESNO, a Municipal Corporation, hereinafter referred to as the "City," and Copper River Development Company Inc., a California Corporation, 1396 West Herndon Avenue, Suite 101, Fresno, California 93711, hereinafter designated and called the "Subdivider," without regard for number or Gender. RECITALS A. The Owner owns real property situated in the County of Fresno, State of California, hereinafter referred to as the "Subject Property" and more particularly described in EXHIBIT "A," attached hereto and made a part of this Agreement, which is generally located on the north side of East Copper Avenue, between North Friant Road and North Willow Avenue. 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 all such instruments of Subordination, if any, are attached hereto and made apart of this instrument. C. The Developer has filed and the City of Fresno has approved, a Conditional Use Permit(C-04-153)and Vesting Tentative Map No.5205 for a Planned Development on the Subject Property. Additionally, the Developer has filed a Final Map of Tract No. 5205, Phase 1 of Vesting Tentative Map No. 5205, hereinafter referred to as the"Final Map"pursuant to said Tentative Map, which will be presented for City Council action. D. The Developer is requesting the issuance of building permits to construct model homes on the Subject Property prior to the approval and recording of the Final Map. E. Such building permits will be issued and inspected in accordance with City of Fresno codes and regulations,including but not limited to,compliance with the provisions of Section 12-4.508.E.1 (UGM FIRE STATIONS, UGM DEVELOPMENT RESTRICTIONS) of the Fresno Municipal Code. Agreement for Early Issuance of Model Home Building Permits Tract No. 5205/UGM Page 3 F. The Developer has filed building plans and has requested that the City issue building permits for model homes on the portion of the Subject Property which correspond to the lots to be created by the Final Map as follows: Lot 80, 1176 East Via Marbella Drive Lot 83, 1232 East Via Marbella Drive Lot 84, 1250 East Via Marbella Drive Lot 86, 1280 East Via Marbella Drive Lot 88, 1314 East Via Marbella Drive Lot 89, 1332 East Via Marbella Drive Lot 90. 1350 East Via Marbella Drive Lot 92, 1396 East Via Marbella Drive Lot 93, 1412 East Via Marbella Drive Lot 94, 1428 East Via Marbella Drive Lot 95, 1440 East Via Marbella Drive Lot 96, 1448 East Via Marbella Drive Lot 97, 1456 East Via Marbella Drive Lot 100, 11217 North Via Trevisio Way Lot 103, 1451 East Via Marbella Drive Lot 110, 1311 East Via Marbella Drive Lot 112, 1343 East Via Marbella Drive Lot 113, 1359 East Via Marbella Drive Lot 117, 1423 East Via Marbella Drive Lot 126, 1215 East Via Marbella Drive Lot 127, 11201 North Via Palermo Way Agreement for Early Issuance of Model Home Building Permits Tract No. 5205/UGM Page 4 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 early issuance of such model home building permits or by the acceptance of such construction upon inspection. H. The Developer acknowledges that such improvements will be accepted by the City only if they comply with all applicable City standards, codes, and ordinances, provided, and in no case shall acceptance of such improvements be complete until the Final Map is approved by the Fresno City Council and duly recorded. I. The Owner and 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 Developer that the building permits for the model homes be issued as soon as possible. K. The action for the approval of the Final Map by the City of Fresno is not expected to be finalized for up to one hundred twenty (120) days. Agreement for Early Issuance of Model Home Building Permits Tract No. 5205/UGM Page 5 AGREEMENT In consideration of the foregoing,the early issuance of building permits for the model homes and the promises and covenants herein contained, the undersigned agree: 1. Should the City of Fresno fail to approve the Final Map for any reason within one hundred twenty (120) days of the execution of this Agreement, the Owner and Developer shall, within ten (10) days after written notice from the Director of the Planning and Development Department of the City of Fresno, remove from the Subject Property any improvements or construction placed or constructed pursuant to the building permits issued for the model homes; and Developer shall restore the 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 the Subject Property and accomplish such removal and restore the Subject Property to its prior condition. 3. Should the City of Fresno cause such removal under the provisions of Paragraph 2 hereof,the 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 Developer shall deliver to the City of Fresno the sum of One-Thousand Dollars ($1,000) per model home for a total amount of Twenty One Thousand Dollars ($ 21,000 ) 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 Developer. After the action by the City approving the Final Map and the recording of that Final Map, the deposit will be returned to the Developer. 5. Any costs and expenses of removal exceeding the above stated amount of security, which are stated in writing with a description of the Subject Property by an officer of the City, and recorded in the County Recorder's office, shall be a lien on the Subject Property and appurtenances running in favor of the City of Fresno. Agreement for Early Issuance of Model Home Building Permits Tract No. 5205/UGM Page 6 6. The Developer has paid the fees and charges due as a condition of approval of this Agreement for the model homes as follows: Wastewater Facilities Charge 21 Lots @ $ 2,119 /Lot $ 44.499.00 Service Connection Charges - Water Meters per Lot Lots 80, 83, 84, 86, 88-90, 92-97, 100, 103, 110, 112, 113, 117, 126, 127, 21 - 1" Meters @ $ 330 /each $ 6,930.00 Total Fees and Charges Due $ 51,429.00 7. The obligations of the Owner and Developer provided in this Agreement are joint and several. 8. 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. 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. The Owner and 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 the Owner and the Developer. In the event the City Council approves the Final Map and the Final Map is duly recorded,the foregoing deposit shall be returned to the Developer and this Agreement shall be of no further force and effect. Agreement for Early Issuance of Model Home Building Permits Tract No. 5205/UGM Page 7 CITY OF FRESNO, OWNER: a Municipal Corporation Copper River Development Company Inc., a California Corporation. By J - - I ovino, Director By. L: Plan i g and Development Department Darius Assemi, President APPROVED AS TO FORM: JA 1416 5 (f• Ss1 z T,j7-cti'iM C/Ty Ai rozA)c�l By Deputy K:\jonb\Map docs\Final Maps\FM 5205\FORM Agreement Early Model Home FT5205#2 v07-02-04.wpd frankfs 3-21-06 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of rr-e—:5 l --) I ss. _� � I pp On Y'5 � before me, ea^I�A;m Z, �'L /14IC Date Name and Title ofrOfficer(e-g.," ne Doe, otary Public") personally appeared Name(s)of Signer(s) A personally known to me ❑ 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 acknowledged to me that CRISTINAG.LOPEZ he/she/they executed the same in his/her/their Commission#f 1552075 authorized capacity(ies), and that by his/her/their Notary PubYc-Cal fornix Fresno County signature(s) on the instrument the person(s), or the 61MV COMM.ExplresFeb 12.2W9 entity upon behalf of which the person(s) acted, executed the instrument. WITNES/Sn/ my hand and official seal. Place Notary Seal Above 1 �- -*% G Signature of Notary Public 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: _ Document Date: - Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ---- - -- -- -— _ Signer's Name: — - ----- — -- --- - -- Individual Individual Corporate Officer - Title(s): _ --_-__ Corporate Officer-Title(s) Partner- L imited General Partner- Limited General Attorney in FactAttorney in Fact ' ��r Ing„„r,Here Trustee T;I, ,r nt „n reF Trustee T�, Guardian or Conservator i Guardian or Conservatot Other. - Other. _ I I � � Signer Is Representing Signer Is Representing. (c,2004 National Nolaty Association•9350 De Soto Ave_P.O-Box 2402•Chatsworth,CA 91313-2402 Item No 5907 Reorder.Call Tn9-Free 1-800-876-6827 CLERK'S CERTIFICATION State of California) County of Fresno) On April 14, 2006, before me, Elvia Sommerville, Deputy City Clerk, personally appeared, Nick P. Yovino. Planning and Development Director, 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 be 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 the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. WITNESS my hand and official seal. REBECCA E. KLISCH CITY CLERK, CMC a B��Y Deputy Agreement for Early Issuance of Model Home Building Permits Tract No. 5205/UGM SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded ons 30.1641 , in the office of the Fresno County Recorder-as DocumeApof whico a Deed of Tryst i by anq Between: n Co pGr' cac�' �,. rn� �►rl r Ji , GO !77 as Tr tor, Finawk) 00 as Trustee, and CA►')S�l iLl�A LGtn 4/►'I Q a rYl as Beiciary, pit o U LA born(�. Corp hereby xpress y su or inates said Deed of rust and its beneficial interest thereto to the foregoing Agreement For Early Issuance of Model Home Building Permits . DATED: ma_- , 2016k BENEFICIARY By: Gvi l I : 2• Ta411am S (Trustee/Beneficiary to print/type Name and Title; and attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of n0- On March 31, ZoGYio before me, C r l S.4'1 rYl. (7• L.OvG2 , VLLV-& Date Name and Title of Officer(e.g.,"Ane Doe,Nl5tary Public") personally appeared W iam Fj . Ta- jaam, Zr Name(s)of Signer(s) rsonally known to me ❑ proved to me on the basis of satisfactory evidence CIZISTINA G.LOPEZ to be the person(s) whose name(s) is/are subscribed Commisslon#t 1552075 r to the within instrument and acknowledged to me that £ 01MV Notary Public-California he/she/they executed the same in his/her/their Fresno county authorized capacity(ies), and that by his/her/their Comm.Expi►eaFeb 12,2009 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above �r Signature of Notaty Public 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: _ Document Date: _ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _ _ _ _ Signer's Name: Individual Individual Corporate Officer—Title(s) ____ Corporate Officer— Title(s) _ Partner— Limited General Partner— Limited General _ Attorney in Fact Tori nt 01 imh herF Attorney In Fact Trustee Trustee Guardian nr Conservator Guardian or Conservator Other _ Other Signer is Representing I Signer Is Representing. (P 2004 National Notary Association•9350 De Solo Ave..P.O.Box 2402•Chatsworth.CA 91313-2402 Item No.5907 Renrder Cnll Toll gree 800 876(3827 Agreement for Early Issuance of Model Home Building Permits Tract No. 5205/UGM SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on DfeWff 30 Z40 4) , in the office of the Fresno County Recorder as Document No. 1,0o4 f-,Q 291/_rf of which the Deed of Trust in by and between: rim � run % 1 n1Co r�, as0 Trustor, I as Trustee, and I , as,Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest to to foregoing Agreement For Early Issuance of Model Home Building Permits . DATED: MA rM j l , 20j2k_ BENEFICIARY B � Y• BY: (Trustee/Beneficiary to print/type Name and Title; and attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT - . State of California ss. County of F re 5 it c7 On haje ck 31, -ZM(e, before me, n H/tS Wiz, /4 V G Date ' Name and Title of fficer(e.g.,"Jane Doe,Notary Public") personally appeared a.r'4 molal) Na e(s)of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence ... LOPEZ CRISP;!G. to be the person(s) whose name(s) is/are subscribed . �� , LOPEZ15= 5 to the within instrument and acknowledged to me that ..� Notary pUbHC_Ca111f0MI10 he/she/they executed the same in his/her/their ROM County authorized capacity(ies), and that by his/her/their MyCornm.EXOMFeb 12,2 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above !�ht2 a A Signaturefb Notary Publicl Ill 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General areak ❑ Partner—El Limited El General WNW "IT MH ❑ Attorneyin Fact ' Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0 2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of r r reS1)tp ss. On March 31. ZoW before me, Cri S o Y Ili �� Date' T Name and Title of Officer(e.g., Jane Doe,N tary Public") personally appeared A511�21EAj Name(s)of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence WAWA Caisnw►G.LOPEZ to be the person(s) whose name(s) is/are subscribed commission#1552073 to the within instrument and acknowledged to me that 2 Notary PubL--Caviornia _ he/she/they executed the same in his/her/their Fresno County authorized capacity(ies), and that by his/her/their My Comm.ExptresFeb 12.20 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. k Place Notary Seal Above n&� Q - L Signature of Notary Public 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General fill ❑ Partner—❑ Limited ❑ General ❑ Attorneyin Fact Top of thumb here ❑ Attorney in Fact Top of thumb here ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0 2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827 Agreement for Early Issuance of Model Home Building Permits Tract No. 5205/UGM SUBORDINATION The undersigned a holder of the beneficial interest in and under that certain Deed of Trust recorded on in the office of the Fresno County Recorder as Document No. of which the Deed of Trust in by and between: �000urRtVrt.f' �� DL CQ . CO2► , as Trustor, 1f as Trustee, and , as Beneficiary, hereby expres ly subordinates said Deed of Trust and its beneficial interest t ereto to the foregoing Agreement For Early Issuance of Model Home Building Permits . DATED: , 20OW BENEFICIARY By: T h6 MOS r • VP (Trustee/Beneficiary to print/type Name and Title; and attach Notary Acknowledgment) r• CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. ln County of Eu6n D On �R _31 ?A011P before me, L.r1�joQ (v. L ppg z - D -�,` Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared 1 f l(�M cj ___Q- WfA-I I V Name(s)of Signer(s) [personally known to me 1 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed CRIsTMA G.LOPEZ to the within instrument and acknowledged to me that Commiaslon#1552075 he/she/they executed the same in his/her/their �On'PUbNC.CaYfomla authorized capacity(ies), and that by his/her/their Fresno County - signature(s) on the instrument the person(s), or the OMy Comm.EM* a Feb 112,24 entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above 6et Sig ature otfNotary Public 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: _ Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _ — _- — ——. ,_-- Signer's Name: Individual Individual Corporate Officer -- Title(s): _ Corporate Officer—Title(s): Partner— Limited General Partner— Limited General Attorneyin Fact 7t Attorney in Fact T,,, .„i . Trustee l rustee Guardian or Conservator Guardian or Conservator Other. _ Other. Signer Is Representing Signer is Representing. CY�.a t... t;t .t . li t ♦ <' . . _ tJ.,,Y�' <7 2004 National Notary Association•9350 De Soto Ave P.O.Box 2402•Chatsworth CA 91313-2402 Item No.5907 Reordc, Gall Toll-Free 1-800-876&682; EXHIBIT A Agreement for Early Issuance of Model Home Building Permits for Tract No. 5205 THAT CERTAIN REAL PROPERTY SITUATE IN SECTION 11 AND SECTION 12, TOWNSHIP 12 SOUTH, RANGE 20 EAST, MOUNT DIABLO BASE AND MERIDIAN, COUNTY OF FRESNO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 11; THENCE ALONG THE BOUNDARY OF PARCEL B OF LOT LINE ADJUSTMENT 04-04, AS DESCRIBED IN CERTIFICATE OF COMPLIANCE NO. PLA 04-04(B) RECORDED DECEMBER 17, 2004, AS DOCUMENT No. 2004-0282701, OFFICIAL RECORDS, FRESNO COUNTY, FOLLOWING THE SUBSEQUENT COURSES AND DISTANCES: NORTH 01° 18' 14" EAST, ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 11, A DISTANCE OF 448.09 FEET; THENCE LEAVING SAID WEST LINE NORTH 880 53'02"WEST, A DISTANCE OF 673.54 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 1464.00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID TANGENT CURVE, THROUGH A CENTRAL ANGLE OF 270 23' 56", AN ARC DISTANCE OF 700.09 FEET; THENCE NORTH 610 29' 06"WEST, A DISTANCE OF 339.89 FEET; THENCE NORTH 160 29' 06"WEST, A DISTANCE OF 16.97 FEET; THENCE NORTH 280 30' 54" EAST,A DISTANCE OF 319.61 FEET TO A POINT OF CUSP WITH A NON-TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 60.00 FEET, A RADIAL TO SAID POINT BEARS SOUTH 610 25'41" EAST; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID NON-TANGENT CURVE, THROUGH A CENTRAL ANGLE OF 2370 20' 09",AN ARC DISTANCE OF 248.54 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 50.00 FEET; THENCE NORTHEASTERLY, ALONG THE ARC OF SAID REVERSE CURVE, THROUGH A CENTRAL ANGLE OF 540 01' 03", AN ARC DISTANCE OF 47.14 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 1520.00 FEET; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID REVERSE CURVE, THROUGH A CENTRAL ANGLE OF 28° 53' 28", AN ARC DISTANCE OF 766.45 FEET; THENCE NORTH 600 46' 53" EAST, A DISTANCE OF 272.76 FEET; THENCE Agreement for Early Issuance of Model Home Building Permits Tract No. 5205/UGM Page 10 NORTH 570 58' 16" EAST, A DISTANCE OF 261.97 FEET; THENCE NORTH 590 57' 27" EAST, A DISTANCE OF 631.54 FEET TO THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 11; THENCE NORTH 59' 57' 27" EAST,A DISTANCE OF 900.88 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 20.00 FEET; THENCE NORTHEASTERLY, ALONG THE ARC OF SAID TANGENT CURVE, THROUGH A CENTRAL ANGLE OF 570 52' 36", AN ARC DISTANCE OF 20.20 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 106.00 FEET; THENCE NORTHEASTERLY, ALONG THE ARC OF SAID REVERSE CURVE, THROUGH A CENTRAL ANGLE OF 790 39' 17", AN ARC DISTANCE OF 147.37 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 20.00 FEET; THENCE NORTHEASTERLY, ALONG THE ARC OF SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 570 52' 35", AN ARC DISTANCE OF 20.20; THENCE NORTH 230 51' 33" EAST, A DISTANCE OF 297.26 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 872.00 FEET; THENCE NORTHEASTERLY, ALONG THE ARC OF SAID TANGENT CURVE, THROUGH A CENTRAL ANGLE OF 130 57' 47", AN ARC DISTANCE OF 212.51 FEET; THENCE NORTH 520 01' 14"WEST, A DISTANCE OF 61.23 FEET TO A POINT IN THE SOUTHEASTERLY RIGHT-OF- WAY LINE OF FRIANT ROAD AS DESCRIBED BY DEED RECORDED DECEMBER 18, 1968, IN BOOK 5642 PAGE 881 OF OFFICIAL RECORDS, AS DOCUMENT NO. 87718, SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1886.00 FEET, A RADIAL TO SAID POINT BEARS SOUTH 300 02' 15" EAST; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY AND SAID BOUNDARY FOLLOWING THE SUBSEQUENT COURSES AND DISTANCES: NORTHEASTERLY, ALONG THE ARC OF SAID NON-TANGENT CURVE, THROUGH A CENTRAL ANGLE OF 240 46' 03", AN ARC DISTANCE OF 815.27 FEET; THENCE SOUTH 540 48'49" EAST, A DISTANCE OF 14.00 FEET; THENCE NORTH 350 11' 11" EAST, A DISTANCE OF 575.65 FEET; THENCE NORTH 420 08' 11" EAST, A DISTANCE OF 351.99 FEET; THENCE Agreement for Early Issuance of Model Home Building Permits Tract No. 5205/UGM Page 11 NORTH 550 22' 05" EAST, A DISTANCE OF 250.99 FEET; THENCE LEAVING SAID RIGHT-OF-WAY AND SAID BOUNDARY SOUTH 380 30' 39" EAST, A DISTANCE OF 406.11 FEET TO THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 11; THENCE SOUTH 380 30' 39" EAST, A DISTANCE OF 303.70 FEET TO THE BOUNDARY OF PARCEL B OF LOT LINE ADJUSTMENT 02-14, AS DESCRIBED IN CERTIFICATE OF COMPLIANCE NO. 02-14(B), RECORDED AS DOCUMENT No. 2004-0008187, OFFICIAL RECORDS, FRESNO COUNTY; THENCE SOUTH 510 19' 25"WEST, ALONG SAID BOUNDARY, A DISTANCE OF 250.13 FEET TO A COMMON CORNER WITH THE BOUNDARY OF PARCEL B OF LOT LINE ADJUSTMENT, AS DESCRIBED IN CERTIFICATE OF COMPLIANCE 04-03(B), RECORDED DECEMBER 16, 2004, AS DOCUMENT No. 2004-0281279, OF OFFICIAL RECORDS, FRESNO COUNTY; THENCE LEAVING SAID BOUNDARY DESCRIBED IN DOCUMENT NO. 2004-0008187, OF OFFICIAL RECORDS. SOUTH 510 19' 25"WEST, ALONG SAID BOUNDARY OF PARCEL B OF CERTIFICATE OF COMPLIANCE NO. PLA 04-03(B), RECORDED DECEMBER 16, 2004, AS DOCUMENT No. 2004-0281279, OF OFFICIAL RECORDS, FRESNO COUNTY, A DISTANCE OF 7.56 FEET; THENCE CONTINUING ALONG SAID BOUNDARY FOLLOWING THE SUBSEQUENT COURSES AND DISTANCES: SOUTH 340 52' 37"WEST,A DISTANCE OF 607.62 FEET; THENCE SOUTH 140 39'45"WEST, A DISTANCE OF 258.21 FEET; THENCE SOUTH 000 27' 16" EAST, A DISTANCE OF 472.61 FEET; THENCE NORTH 780 30' 16"WEST, A DISTANCE OF 424.46 FEET; THENCE NORTH 720 48' 59"WEST,A DISTANCE OF 265.48 FEET; THENCE SOUTH 830 05'40"WEST,A DISTANCE OF 258.34 FEET; THENCE SOUTH 800 06' 21"WEST, A DISTANCE OF 40.74 FEET; THENCE SOUTH 840 52' 17"WEST, A DISTANCE OF 190.86 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 150.00 FEET; THENCE SOUTHERLY, ALONG THE ARC OF SAID TANGENT CURVE, THROUGH A CENTRAL ANGLE OF 1250 51' 54", AN ARC DISTANCE OF 329.51 FEET; THENCE Agreement for Early Issuance of Model Home Building Permits Tract No. 5205/UGM Page 12 SOUTH 400 59' 37" EAST, A DISTANCE OF 46.39 FEET; THENCE SOUTH 000 44' 22"WEST, A DISTANCE OF 46.15 FEET; THENCE NORTH 890 15' 38"WEST, A DISTANCE OF 20.72 FEET; THENCE SOUTH 290 37'01"WEST, A DISTANCE OF 17.34 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 11, DISTANT 1647.41 FEET FROM THE EAST QUARTER CORNER OF SAID SECTION; THENCE SOUTH 290 37' 01"WEST, A DISTANCE OF 298.21 FEET; THENCE SOUTH 230 09'47"WEST,A DISTANCE OF 504.85 FEET; THENCE SOUTH 040 50'00" EAST, A DISTANCE OF 261.93 FEET; THENCE SOUTH 140 35' 51" EAST, A DISTANCE OF 309.16 FEET; THENCE SOUTH 290 45'23" EAST, A DISTANCE OF 76.08 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 150.00 FEET; THENCE EASTERLY, ALONG THE ARC OF SAID TANGENT CURVE, THROUGH A CENTRAL ANGLE OF 770 31' 13", AN ARC DISTANCE OF 202.95 FEET; THENCE NORTH 720 43' 24" EAST, A DISTANCE OF 333.21 FEET; THENCE NORTH 690 22'28" EAST, A DISTANCE OF 98.41 FEET; THENCE NORTH 680 14'41" EAST, A DISTANCE OF 1174.21 FEET; THENCE SOUTH 000 28' 55" EAST, A DISTANCE OF 122.81 FEET; THENCE SOUTH 170 54' 07"WEST, A DISTANCE OF 94.83 FEET; THENCE SOUTH 190 14' 38"WEST, A DISTANCE OF 358.51 FEET; THENCE SOUTH 01°43'08" EAST, A DISTANCE OF 477.95 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 150.00 FEET; THENCE SOUTHEASTERLY, ALONG THE ARC OF SAID TANGENT CURVE, THROUGH A CENTRAL ANGLE OF 460 44' 44", AN ARC DISTANCE OF 122.38 FEET; THENCE Agreement for Early Issuance of Model Home Building Permits Tract No. 5205/UGM Page 13 SOUTH 410 33' 06"WEST, A DISTANCE OF 94.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 647.00 FEET, A RADIAL TO SAID POINT BEARS SOUTH 410 33' 06"WEST; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID NON-TANGENT CURVE, THROUGH A CENTRAL ANGLE OF 060 33' 58", AN ARC DISTANCE OF 74.15 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 553.00 FEET; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID REVERSE CURVE, THROUGH A CENTRAL ANGLE OF 470 32' 05", AN ARC DISTANCE OF 458.79 FEET; THENCE NORTH 890 25' 01"WEST, A DISTANCE OF 45.12 FEET; THENCE NORTH 01°05' 32" EAST, A DISTANCE OF 188.97 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 595.00 FEET, A RADIAL TO SAID POINT BEARS NORTH 220 14' 07" EAST; THENCE WESTERLY, ALONG THE ARC OF SAID NON-TANGENT CURVE, THROUGH A CENTRAL ANGLE OF 420 53' 42", AN ARC DISTANCE OF 445.45 FEET; THENCE SOUTH 690 20' 25"WEST, A DISTANCE OF 200.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 755.00 FEET; THENCE SOUTHWESTERLY, ALONG THE ARC OF SAID TANGENT CURVE, THROUGH A CENTRAL ANGLE OF 150 16' 26", AN ARC DISTANCE OF 201.27 FEET; THENCE SOUTH 340 50' 27"WEST, A DISTANCE OF 150.00 FEET; THENCE SOUTH 460 05' 32"WEST, A DISTANCE OF 439.96 FEET; THENCE SOUTH 01° 05' 32"WEST, A DISTANCE OF 469.57 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 11; THENCE NORTH 890 25' 01"WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 682.75 FEET TO THE POINT OF BEGINNING. Agreement for Early Issuance of Model Home Building Permits Tract No. 5205/UGM Page 14 EXCEPTING FROM THE ABOVE DESCRIBED PARCEL THAT PORTION LYING WITHIN SAID SECTION 11, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF THE PROPERTY, AS DESCRIBED IN THAT DEED RECORDED MARCH 29, 1994 As DOCUMENT No. 94054922, OFFICIAL RECORDS FRESNO COUNTY, SAID POINT BEING DISTANT 25.00 FEET FROM THE SOUTHWEST CORNER OF SAID PROPERTY, SAID POINT ALSO BEING 45.00 FEET NORTHERLY OF THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 11 AS MEASURED AT RIGHT ANGLES; THENCE NORTH 890 25'01"WEST, PARALLEL WITH AND 45.00 FEET NORTH OF SAID SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 280.92 FEET; THENCE NORTH 810 49' 37"WEST, A DISTANCE OF 30.28 FEET TO A POINT 49.00 FEET NORTH OF SAID SOUTH LINE OF SAID SOUTHEAST QUARTER AS MEASURED AT RIGHT ANGLES; THENCE NORTH 890 25' 01"WEST, PARALLEL WITH AND 49.00 FEET NORTH OF SAID SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 271.58 FEET TO A POINT 100.00 FEET EAST OF THE WEST LINE OF SAID SOUTHEAST QUARTER,AS MEASURED AT RIGHT ANGLES; THENCE NORTH 01° 18' 14" EAST, PARALLEL WITH AND 100.00 FEET EAST OF SAID WEST LINE, A DISTANCE OF 228 FEET TO A POINT 277.00 FEET NORTH OF SAID SOUTH LINE AS MEASURED AT RIGHT ANGLES; THENCE NORTH 000 07'42"WEST, A DISTANCE OF 240.02 FEET TO A POINT 94.00 FEET EAST OF THE WEST LINE OF SAID SOUTHEAST QUARTER AND 517.00 FEET NORTH OF SAID SOUTH LINE AS MEASURED AT RIGHT ANGLES; THENCE NORTH 01° 18' 14" EAST, PARALLEL WITH AND 94.00 FEET EAST OF SAID WEST LINE, A DISTANCE OF 126.02 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 553.00 FEET; THENCE NORTHERLY, ALONG THE ARC OF SAID TANGENT CURVE, THROUGH A CENTRAL ANGLE OF 160 15' 26", AN ARC DISTANCE OF 156.91 FEET; THENCE NORTH 600 40'40" EAST, A DISTANCE OF 17.70 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 647.00 FEET, A RADIAL TO SAID POINT BEARS SOUTH 120 38' 28"WEST; THENCE EASTERLY, ALONG THE ARC OF SAID NON-TANGENT CURVE, THROUGH A CENTRAL ANGLE OF 120 33' 22", AN ARC DISTANCE OF 141.79 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 1483.00 FEET; THENCE Agreement for Early Issuance of Model Home Building Permits Tract No. 5205/UGM Page 15 EASTERLY,ALONG THE ARC OF SAID REVERSE CURVE, THROUGH A CENTRAL ANGLE OF 070 27' 34", AN ARC DISTANCE OF 193.07 FEET; THENCE SOUTH 820 27'20" EAST, A DISTANCE OF 210.39 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 2017.00 FEET; THENCE EASTERLY, ALONG THE ARC OF SAID TANGENT CURVE, THROUGH A CENTRAL ANGLE OF 070 57'41", AN ARC DISTANCE OF 280.26 FEET TO THE NORTHWESTERLY LINE OF THAT LAND DESCRIBED IN THE DEED RECORDED MARCH 29, 1994 As DOCUMENT No. 94054922, OFFICIAL RECORDS FRESNO COUNTY; THENCE SOUTH 460 05' 32"WEST, ALONG SAID NORTHWESTERLY LINE, A DISTANCE OF 387.58 FEET; THENCE SOUTH 01° 05' 32"WEST, ALONG THE WEST LINE OF SAID DEED, A DISTANCE OF 424.57 FEET TO THE POINT OF BEGINNING. EXCEPTING FROM, THAT PORTION OF THE ABOVE DESCRIBED LAND LYING WITHIN THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 11, AN UNDIVIDED ONE-HALF INTEREST IN ALL OIL, GAS AND/OR MINERALS IN AND UNDER SAID LANDS, TOGETHER WITH THE RIGHT OF THE GRANTOR, ITS SUCCESSORS,ASSIGNS, LESSEES AND LEGAL REPRESENTATIVES AT ALL TIMES TO ENTER ON THE ABOVE DESCRIBED LANDS AND TO TAKE ALL USUAL, NECESSARY AND CONVENIENT MEANS TO BORE WELLS, MAKE EXCAVATIONS AND TO REMOVE ALL THE OIL, GAS AND/OR MINERALS HEREIN RESERVED, AND FOUND THEREON, AS EXCEPTED IN DEED FROM BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, TO THOMAS M. MURRAY AND NELL W. MURRAY, HUSBAND AND WIFE AS JOINT TENANTS, RECORDED APRIL 14, 1936 IN BOOK 1491 PAGE 140 OF OFFICIAL RECORDS AS DOCUMENT NO. 10062. ALSO EXCEPTING FROM THAT PORTION OF THE ABOVE DESCRIBED LAND LYING WITHIN THE EAST HALF OF THE SOUTHWEST QUARTER AND THE EAST HALF OF SAID SECTION 11 AND THE WEST HALF OF SAID SECTION 12, FIFTY PERCENT OF ANY RIGHT, TITLE AND INTEREST OF THE AETNA CASUALTY AND SURETY COMPANY IN AND TO ANY MINERAL RIGHTS APPURTENANT TO SUCH REAL PROPERTY, INCLUDING, WITHOUT LIMITATION, ANY OIL, GAS, CASING-HEAD GAS, COAL, LIGNITE, HYDROCARBONS, METHANE, CARBON DIOXIDE, HELIUM, URANIUM, AND ALL OTHER NATURAL ELEMENTS, COMPOUNDS, AND SUBSTANCES EXCEPT SOIL, SAND AND GRAVEL, AS RESERVED BY AETNA CASUALTY AND SURETY COMPANY IN THE DEED RECORDED MARCH 10, 1989 As DOCUMENT No. 89025496, OFFICIAL RECORDS, FRESNO COUNTY.