HomeMy WebLinkAboutT-5235 - Agreement/Covenant - 10/25/2005 • _- WHEN RECORDED MAIL TO: III�IICit ClerkII I IN I III
City FRESNO County Recorder
City of Fresno Robert C, Werner
Fresres Fresno streetno, CA 93721-3603 DOC— 2005-0205910
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Friday, SEP 02, 2005 09:44:53
Tt 1 Pd $0.00 Nbr-0001941834
RGR/R7/1-10
NO FEE-Government Code 6103
CITY OF FRESNO
Planning and Development Department
P.W. File No. 10779
JAF: 2259, 2271, 2285, 2297 South Adrian Avenue
AGREEMENT FOR EARLY ISSUANCE OF MODEL
HOME BUILDING PERMITS TRACT NO. 5235
i
Agreement for Early Issuance of Model Home Building Permits
Tract No. 5235/UGM
Page 2
THIS AGREEMENT is made this day of 4 20 , by and
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between the CITY OF FRESNO, a Municipal Corporation,hereinafter ferred to as the"City,"and
KB Home South Bay Inc., a California Corporation, 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
Northeast corner of East Church Avenue and South Peach 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 Tentative Map No.
5235 on the Subject Property. Additionally, the Developer has filed a Final Map of Tract No. 5235,
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.
Agreement for Early Issuance of Model Home Building Permits
Tract No. 5235/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 5, 2259 South Adrian Avenue
Lot 6, 2271 South Adrian Avenue
Lot 7, 2285 South Adrian Avenue
Lot 8, 2297 South Adrian 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.
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Agreement for Early Issuance of Model Home Building Permits
Tract No. 5235/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 Four Thousand
Dollars ($4,000)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.
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Agreement for Early Issuance of Model Home Building Permits
Tract No. 5235/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
4 Lots @ $ 2,119/Lot $ 8,476.00
Service Connection Charges - Water Meters per Lot
Lots 5-8, 4 - 1" Meters @ $ 330 /each $ 1,320.00
Total Fees and Charges Due $ 9,796.00
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
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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. 5235/UGM
Page 6
CITY OF FRESNO, DEVELOPER: `
a Municipal Corporation
KB Home th Bay In : California
Corporat' �
By
l k r ovino, Director
Pla nlmg and Development Department
By:
P.A. Dent, III Senior Vice-President
APPROVED AS TO FORM: AM FAv l A. Veh+-M7
HILDA CANTO MONTOY
City Attorney
(Attach Notary Acknowledgment)
By
Deputy
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
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Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
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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
T.S.ROBINSON the same in his/her/their authorized
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Notary Pubec-Cagfornla signature(s) on the instrument the person(s), or
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Comm.Expires Jul 18,2007 acted, executed the instrument.
I WITNESS my hand and official seal.
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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: 9noy-Y{ od
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer
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Signer's Name: 11".110.111111111
❑ Individual Top of thumb here
❑ Corporate Officer Title(s):
❑ Partner—❑ Limited ❑General
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827
CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO
CITY OF FRESNO
On August 31,2005, before me, Elvia Sommerville, Deputy City Clerk, personally appeared,
Nick P. Yovino,Planning and Development Director, known to me (or proved to me on the
basis of satisfactory evidence)to be the person(s)whose name(s) 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 City Seal.
REBECCA E. KL ISCH, CMC
CITY CLERK
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Deputy August 31,2005(4:46pm)
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Exhibit "A"
THAT CERTAIN REAL, PROPERTY SITUATED AND LYING IN THE NORTHWEST
QUARTER OFSECTION 17, TOWNSHIP 1.4 SOUTH, RANGE 21.EAST, MOUNT DIABLO
BASE AND MERIDIAN, COUNTY OF .FRESNO; STATE OF CALIFORNIA, AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS.-
BEGINNING AT A POINT ON THE WEST LINE OF SAID NORTHWEST QUARTER, A
DISTANCE 1281.3.2 FEET FROM THE WEST QUARTER CORNER OF SAID SECTION 17;
THENCE NORTH 0101612" WEST, ALONG THE WEST LINE OF SAID NORTHWEST
QUARTER; A DISTANCE OF 369.02 FEET TO THE NORTHWEST CORNER OF THE
SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 1.7; THENCE NORTH 88°57'43" EAST,
ALONG THE NORTH LINE OF THE SOUTH HALF OF THE SOUTH HALF OF THE
NORTHWEST QUARTER OF SAID SECTION 17, A DISTANCE OF 1333:35 FEET TO THE
NORTHEAST CORNER OF 'THE SOUTH HALF OF THE SOUTH .HALF. OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 17,.SAID
POINT BEING ON THE WEST LINE OFTARCEL 2 OF PARCEL MAP 4359, ACCORDING
TO THE MAP THEREOF RECORDED IN BOOK 30, PAGE 41 OF PARCEL MAPS,
FRESNO COUNTY RECORDS; THENCE SOUTH 01.°29'36" EAST, ALONG THE WEST
LINE OF SAID PARCEL 2, A DISTANCE OF 805.09 FEET TO A POINT 'ON THE
CENTERLINE OF FANCHER.CREEK,THENCE EASTERLY,ALONG SAID.CENTERLINE
OF SAID FANCHER CREEK,THE FOLLOWING COURSES.,
NORTH 79°16'01"EAST,A DISTANCE OF 0.66 FEET; THENCE"
NORTH 7703.6'00"EAST,A DISTANCE OF 63.82 FEET;THENCE
NORTH 76°51'49" EAST, A DISTANCE OF 56.40 FEET;THENCE
NORTH 70030'10"EAST, A DISTANCE OF 56.99 FEET; THENCE
NORTH 6.0"22'50"EAST, A DISTANCE OF 51.55 FEET; THENCE
NORTH 53053'54"EAST, A DISTANCE OF 51.44 FEET;THENCE
NORTH 5.8°32'25 EAST, A DISTANCE OF 24.50 FEET; THENCE
NORTH 29008'29":EAST, A DISTANCE OF 20.38 FEET; THENCE
NORTH 65008'55"EAST, A DISTANCE OF. 1.33.70 FEET; THENCE
SOUTH 85005'45"EAST, A DISTANCE OF 66.29 FEET;THENCE
SOUTH: 65041'08"EAST 951.50.FEET TO A POINT ON THE EAST LINE OF PARCEL 2 OF
PARCEL MAP 4359, ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 30,
PAGE 41 OF PARCEL MAPS, FRESNO COUNTY RECORDS, LAST SAID EAST LINE
ALSO BEING THE EAST LINE OF THE NORTHWEST QUARTER'OF SAID SECTION 17 ;
THENCE SOUTH 01043'00" EAST, ALONG THE EAST LINE OF SAID PARCEL 2 AND
THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 17, A DISTANCE
OF 622.58 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL 2, SAID CORNER
ALSO BEING THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID
SECTION 17; THENCE SOUTH 89°11'24" WEST, ALONG THE SOUTH LINE OF SAID
PARCEL 2 AND THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION
17, A DISTANCE OF 1.339.91 FEET TO THE SOUTHWEST CORNER OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 17;
THENCE SOUTH 89011133 WEST, ALONG THE SOUTH LINE OF THE SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECI:ION,17, A DISTANCE OF
357.57 FEET; THENCE NORTH 00011'54" WEST, .A DISTANCE OF 940.15 FEET TO A
POINT ON THE CENTERLINE OF FANCHER CREEK; THENCE, WESTERLY AND
SOUTHWESTERLY, ALONG SAID CENTERLINE OF SAID FANCHER CREEK THE
FOLLOWING COURSES:
SOUTH 55'051'50'7 WEST, A DISTANCE OF 25.58 FEET; THENCE
SOUTH 54047'14"WEST,A DISTANCE OF 68,54 FEET;THENCE
SOUTH 57"26'36" WEST, A DISTANCE OF 43.07 FEET; THENCE
SOUTH 60°01'57"WEST,A DISTANCE OF 173.07 FEET;THENCE
SOUTH 53°49'56"WEST,A DISTANCE OF 117.03 FEET; THENCE
SOUTH 42"19'05"WEST, A DISTANCE OF 114.03 FEET; THENCE
SOUTH 63"4429"WEST,A DISTANCE OF 53.68 FEET;THENCE
SOUTH 71-48'11"WEST,A.DISTANCE OF 120.38 FEET;THENCE
SOUTH 66°07'41" WEST,A DISTANCE OF 55.15:FEET,THENCE
NORTH 01°02'34" WEST, LEAVING THE CENTERLINE OF FANCHER CREEK, A
DISTANCE OF 709.46 FEET TO THE BEGINNING A NON-TANGENT CURVE,
CONCAVE TO THE NORTHEAST, FROM WHICH A, RADIAL LINE BEARS
NORTH 11029'59"EAST, HAVING A RADIUS OF 275.00 FEET, A .CENTRAL ANGLE OF
08023'01", AND A CHORD BEARING AND DISTANCE OF NORTH 74018'30" WEST 40.20
FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, 40.24 FEET
To THE BEGINNING A REVERSE CURVE, CONCAVE TO THE SOUTHWEST, FROM
WHICH A RADIAL LINE BEARS SOUTH 19°53'00"WEST, HAVING A RADIUS OF
225.00 FEET, A CENTRAL ANGLE OF 20°55'34", AND A CHORD BEARING AND
DISTANCE OF NORTH 8003447" WEST 81.72 FEET; THENCE NORTHWESTERLY
ALONG THE ARC OF SAID CURVE, 82.18 FEET; THENCE SOUTH 75011'47" WEST 8.41
FEET; THENCE SOUTH 88°5726" WEST 208.48 FEET TO THE TRUE POINT OF
BEGINNING.
CONTAINING 56.468 ACRES,MORE OR LESS.
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