HomeMy WebLinkAboutT-5224 - Agreement/Covenant - 6/3/2005 • WHEN RECORDED MAIL TO: IIII III III I 11111 Ilil�II III illll�III I IIII�II I IIIII
City Clerk FRESNO County Recorder
City of Fresno Robert C. Werner
2600 Fresno Street DOC— 2005-0048774
Fresno, CA 93721-3603
Thursday, MAR 03, 2005 09:41:51
Tt l Pd $0.00 Nbr-0001755494
RGR/R7/2-13
NO FEE-Government Code 6103
CITY OF FRESNO
Planning and Development Department
P.W. File No. 10713
JAF: 6131, 6143, 6155, 6167, 6179, 6191, 6203, 6215, 6229, 6237 West Portals Avenue
AGREEMENT FOR EARLY ISSUANCE OF MODEL
HOME BUILDING PERMITS FOR FINAL MAP OF TRACT NO. 5224
x
Agreement for Early Issuance of Model Home Building Permits
Tract No. 5224/UGM
Page 2
THIS AGREEMENT is made this day of , 20-12� by and
between the CITY OF FRESNO, a Municipal Corporation, hereinafter referred to as the"City,"and
De Young Properties 5224 L.P., a California Limited Partnership, hereinafter referred to as the
"Developer,"without regard for number or gender.
RECITALS
A. The Developer 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 at the
Southeast corner of East Dakota Avenue and North Temperance Avenue.
B. The 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 Vesting Tentative
Map No. 5224 for a Planned Development on the Subject Property. Additionally, the Developer
has filed a Final Map of Tract No. 5224, 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. 5224/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 16, 6131 West Portals Avenue
Lot 17, 6143 West Portals Avenue
Lot 18, 6155 West Portals Avenue
Lot 19, 6167 West Portals Avenue
Lot 20, 6179 West Portals Avenue
Lot 21, 6191 West Portals Avenue
Lot 22, 6203 West Portals Avenue
Lot 23, 6215 West Portals Avenue
Lot 24, 6229 West Portals Avenue
Lot 25, 6237 West Portals Avenue
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. 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. 5224/UGM
Page 4
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 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 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 ($1,000) per model home for a total amount of Ten Thousand
Dollars ($ 10,000 ) 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.
r. .
Agreement for Early Issuance of Model Home Building Permits
Tract No. 5224/UGM
Page 5
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
10 Lots @ $ 2,119/Lot $ _21.190.00
Service Connection Charges - Water Meters per Lot
Lots 16-25, 10 - 1" Meters @ $ 330 /each $ 3.300.00
Total Fees and Charges Due $24,490.00
7. The obligations of the 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 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 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 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. 5224/UGM
Page 6
CITY OF FRESNO, DEVELOPER:
a Municipal Corporation
De Young Properties 5224 L.P.
a California Limited Partnership
By: Team 5 Properties, Inc.,
a California Corporation,
B as General Partner.
Y
I k rYovino, Director
Plan ng and Development Department
By:
Jerry)rbe Yours Presiders and
APPROVED AS TO FORM: Assistant Secretary
HILDA CANTO MONTOY
City Attorney
B (Attach Notary Acknowledgment)
Y
Deputy
K:\onb\Map docs\Final Maps\FM 5224\FM-5224 Agreement Early
Model Home v07-02-04.wpd
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
County of
Orq a S, •2 before me
.. Name and Title of Office e.g.,"Jane Doe,NoJW Public")
personally appeared �)& Bll/�i G ,
Name(s)of Signer(s)
impersonally known to me—OR—❑proved to me on the basis of satisfactory evidence to be the person(
whose name( is/are subscribed to the within instrument
and acknowledged to me that heAsheAhey executed the
same in his/hwAheir authorized capacity fts),and that by
his/heN#heir signature(s)on the instrument the person(&),
or the entity upon behalf of which the person(&) acted,
BF00AC.POE executed the instrument.
conMniNsbns 1324M
NoWyPubie-Ca3loni y
FrNCall* WITNESS m hand and official seal.
Lip no
Cam=Nov a 2005
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:
J0 dV
Document Date: el— Number of Pages:
Signer(s) Other Than Named Above: C
Capacity(ies) Claimed by Signer(s)
Signer's Name: Agt Signer's Name:
❑ Individual ❑ Individual
Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner—❑ Limited ❑General ❑ Partner—❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee _
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: Top of thumb here ❑ Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
0 1994 National Notary Association-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800.878.8827
EXHIBIT A
Agreement for Early Issuance of Model Home Building Permits for Tract No. 5224
The South half of the Northeast quarter of Section 9, and that portion of the
South half of the Northwest quarter of Section 10, Township 13 South, Range 19
East, Mount Diablo Base and Meridian, according to the Official Plat thereof;
EXCEPTING THEREFROM all that portion of said land lying North and East of the
Southwesterly boundary of that certain strip of land granted to the State of
California for freeway, by deed recorded November 7, 1958, in Book 4134 Page 44
of Official Records.
ALSO EXCEPTING THEREFROM the following described parcel of land:
BEGINNING at a point on the East line of the Northeast quarter of said Section
9, distant thereon 47.00 feet North of the East .quarter corner of said Section
9; thence South 890 21'13" West, parallel with and 47.00 feet North of the South
line of the Northeast quarter of said Section 9, a distance of 627.01 feet;
thence North 450 35102" West, a distance of 16.53 feet; thence North 000 31117"
West, a distance of 326.79 feet to the point of curvature of a tangent curve
concave Westerly and having a radius of 278.00 feet; thence Northerly along said
tangent curve, through a central angle of 100 15147", an arc distance of 49.80
feet to the point of curvature of a reverse curve concave Easterly and having a
radius of 222.00 feet; thence Northerly along said reverse curve, through a
central angle of 100 15'47", an arc distance of 39.77 feet; thence North 000
31' 17" West, a distance of 120.22 feet to the point of curvature of a tangent
curve concave Southwesterly and having a radius of 178.00 feet; thence
Northwesterly along said tangent curve, through a central angle of 600 27127", an
arc distance of 187.82 feet; thence North 600 58144" West, a distance of 63 .82 .
feet to the point of curvature of a tangent curve concave Northeasterly and .
having a radius of 372.00 feet; thence Northwesterly along said tangent curve,
through a central angle of 280 34126", an arc distance of 185.52 feet; thence
North 320 24118" West, a distance of 55.04 feet to the point of curvature of a
tangent curve concave Southwesterly and having a radius of 178.00 feet; thence
Northwesterly along said tangent curve, through a central angle of 580 14129", an
arc distance of 180.94 feet; thence South 890 21113" West, a distance of 166.46
feet; thence North 450 38147" West, a distance of 12.30 feet; thence North 000
38'47" West, a distance of 152.42 feet to a point of curvature of a .tangent
curve concave Southeasterly and having a radius of 50.00 feet;. thence
Northeasterly along said tangent curve,. through a central angle of 380 44122", an
arc distance of 33 .81 feet to the point of curvature of a reverse curve concave
Westerly and having a radius of 50.00 feet thence Northerly and Westerly along
said reverse curve, through a central angle of 1110 16'55", an arc distance of
97.11 feet; thence North 000 38147" West, a distance of 4.36 feet to a point on
the North line of the South half of the Northeast quarter of said Section 9;
thence North 890 28102" East, along said North line, a distance of 517.05 feet to
the point of intersection of said North line with the Southwesterly boundary of
that certain strip of land granted to the State of California for freeway, by
deed recorded November 7, 1958, in Book 4134 page 44 of Official Records; thence
South 450 13115" East, along said Southwesterly boundary, a distance of 1810.41
ti"�
EXHIBIT A
Agreement for Early Issuance of Model Home Building Permits for Tract No. 5224
feet to the intersection of said Southwesterly boundary with the North line of
the South 30.00 feet of the Northwest quarter of said Section 10; thence South
890 51135" West, along the North line of the South 30.00 feet of the Northwest
quarter of said Section 10, a distance of 84.77 feet to a point on the arc of a
non-tangent curve concave Southerly and having a radius of 647.00 feet, a radial
to said point bears North 130 01123" East; thence Westerly along said non-tangent
curve, through a central angle of 130 0914811, an arc distance of 148.64 feet to a
point 47.00 feet North of the South line of the Northwest quarter of said
Section 10; thence South 890 51'35" West, parallel with and 47.00 feet North of
the South line of the Northwest quarter of said Section 10, a distance of 264.21
feet to the Point of Beginning.
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on December 22. 2004 , in the office of the Fresno County Recorder as Document No.
2004-0285248 of which the Deed of Trust in by and between:
De Youna Properties 5224 L P a California Limited Partnership , as Trustor,
Chica o Title Com an , as Trustee,
and California Bank & Trust a California Bankin Cor oration , as Beneficiary,
hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing
Agreement For Early Issuance of Model Home Building Permits .
DATED: „�a,r� S 20_kL_
BENEFICIARY OR TRUSTEE
Chicago Title Company,
af rn a Co ation
By: - Q.
Vice President, Mark W. Barsotti
BYE Je �'
Ju Pezoldt�;” Asst. Secretary
(Beneficiary to print/type Name,Title and
attach Notary Acknowledgment)
� t
STATE OF CALIFORNIA )
COUNTY OF Fresno ) SS.
On February 25 2005 before me, the undersigned
a Notary Public in and for said County and State, personally appeared Mark W. Barsotti and
Judy Pezoldt
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 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. �*�►
9
E. ROCHA
COMM. #1479486 -+
' NOTARY PURR•CAUFORM
Signature of Notary FRESNO COUNTY
9MV Comm.Expires Apr.7,2008
STATE OF CALIFORNIA )
COUNTY OF ) SS.
On before me,
a Notary Public in and for said County and State, personally appeared
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 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.
Signature of Notary
EXTNOT2-09/27/96bk
�1.
CHICAGO TITLE COMPANY
CERTIFICATE OF INCUMBENCY
• I,Hilary Burkemper,hereby certify as follows:
1• I am the duly elected Assistant Secretary of Chicago Title Company, a California
corporation(the"Company").
2. The persons named below have been duly elected as officers of the Company, and
now hold the office or offices in the Company set forth below and are authorized to
take all actions necessary to transact business on behalf of the Company as
authorized by the Bylaws of the Company.
Judy Pezoldt Assistant Secretary
Mark Barsotti Vice President, Regional Manager
IN WITNESS WHEREOF,the undersigned has executed this Incumbency Certificate as of
this 30th day of September,2002.
f' 1
Hilary Burkem , Assistant ec Setary
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