PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this 7th day of April 2026, by the following vote:
Ayes:
Noes:
Absent:
Abstain:
Patrick Isherwood, President of the Council
and Ex-Officio Mayor
ATTEST:
Marc Mondell, City Clerk
By Melissa Wilcox, Chief Deputy City Clerk
The presence of an electronic signature certifies that the foregoing is a true and correct copy as approved by the Tulare City Council.
AVENUE 228 SOUTH OAKMORE ST
AVENUE 232
INSCRIBED CIRCLE Ø188.00'
APRON: Ø116.00'
CENTER ISLAND Ø92.00'
SHEET NO.:
JOB NO.: FILE NAME:
PLOT DATE: PREPARED BY: DRW BY: CHK BY: AB JW 324 S. SANTE FE, STE. A VISALIA, CA 93292 TEL: 559.802.3052 FAX: 559.802.3215 www.4-creeks.com CIVILS-TEMPLATE 251163
11/6/2025
OF 02 CHANDLER GROVE SUBDIVIS
ROUNDABOUT CONCEPTUAL 'A'
01 0' NORTH
200' 200'
0' NORTH
40' 40'
RED - STANDARD INTERSECTION OPTION
BLACK - ROUNDABOUT OPTION
AVENUE 228 SOUTH OAKMORE ST
AVENUE 232
INSCRIBED
CIRCLE Ø222.00'
APRON Ø150.00'
CENTER ISLAND Ø122.00'
SHEET NO.:
JOB NO.: FILE NAME:
PLOT DATE: PREPARED BY: DRW BY: CHK BY: AB JW 324 S. SANTE FE, STE. A VISALIA, CA 93292 TEL: 559.802.3052 FAX: 559.802.3215 www.4-creeks.com CIVILS-TEMPLATE 2 251163
11/6/2025
OF 02 CHANDLER GROVE SUBDIVIS
ROUNDABOUT CONCEPTUAL 'B'
02 0' NORTH
200' 200'
0' NORTH
40' 40'
BLACK - ROUNDABOUT OPTION
Recording Requested By:
Ffinst American Title
RECORDINC REQUESTED BY
AND WHEN RECORDED MAIL TO:
City Clerk
City of Tulare
4l I East Kem Avenue
Tularq CA93274
Exempt from fee
due to being executed or recorded
by a gov'i entity.
Recorded in Official Records
County of Tulare
Tara K. Freitas, CPA
Assessor-Clerk-Recorder
DOC# 2025-0050697
o9n912025
Titles: 1 Pages: 74
O2:27 PM
Fees $0.00
TransferTax $0.00
CA SB2 Fee $0'00
Total $0.00
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DEFERRED IMPROVBMENT AGREEMENT BETWEEN THE CITY OF TULARE AND
QUEST EQUITY LLC
THIS DEFERRED MPROVEMENT AGREEMENT ("Agreement') is entered into as of June 17,2425 by and between Quest Equity LI,/|', aNevada Limited l,iaUitity Company ('Developer'), and the City of Tulare, ('City').There are no other parties to this Agreement.
RECITALS
A, Developer represents that, as of the recordation of this Agreefiient, it will have the legal or equilalle interest to land consiiting of approximately 17.18 gross acres, comprised of fourparcels APN 172-030'44, -45, -4G,-4? as shown oi th" attached map attached hereto as 4SbiEAJSnsLA& w-$ch is incorporated herein by reference, and more particularly described in 'hibitEfuhicli is incorporated herein by reference ("Property').
B. On October 24, 2022, the City of Tulare Planning Commission adopted Resolution No. 5435' approving the Fulton Esiates Tentative Subdivision Map and related conditions of approval, which set forth thi infuslructure obtigation and conditions related to the development and build out of approximately 185 residential lots to be developed in two phases and a commercial parcel to be developed in a third phase located at the southwest oorner of State Route 137 C'SR 137') and Oakmore Street (the "Project").
Resolution No. 5435 is attached and incorporated hereto as Exhibit Ct C. With regard to Opening Day Improvements (as defined below) to the intersection of SR 137 and Oakmore Street-requiredio miligati project impacts, the following conditions, whioh are set forth in an August 19,2022 Caltrans letter, aro included in Resolution No. 5435:
14) Caltrans recommends that the project construct opening day improvements to mitigate impaots at the SR I37lOakmore Street intersection.
16) #16 ealtrans requires the Project to analyze all potential intersection ullroYement solutions, at the SR \37lOakmore Street intersection, in accordance with the Traffic Operations Policy Directive No. l3-02, dated: August 30, 2013'
17) #.17 fury project that may t"q,iit" employing full control at state highway intersections (for -
exampli: io c-ontrot all apiroaching traitic via use of signal, stop or yieldggntrol) must consider all tluee intersection conttol strategier (stop, roundabout and signal) and the supportilq-design configurations per the Intersection Contrbl Evaluation (ICE) guidelines. ICE establishes a context and performance-based evaluation process to produce engineering recommendations on intersection traffrc control strategies and geometric configurations for location specific I
Recording Requested BY:
Finst American Title
RECORDING REQUESTED BY
AND WHEN RECORDED MAILTO:
City Clerk
City of Tulare
4l I East Kem Avenue
Tulare, CA93274
N.Yecoritry ftGL utoz
Exemptfrom fee Per GC27388.1
due to being executed or recorded
bY a gov't entity
use.
DEI'ERRED IMPROVEMENT AGREEMENT BETWEEN THE CITY OF TULARE AND
QUEST EQUITY LLC
THIS DEFERRED IMPROVEMENT AGREEMENT ('Agreement") is entered into as of June 17, 2a25 by and between euest Equity LLC, aNevada Limited Liability Company ("Developer'), and the City of Tulare, ("City'). There are no other parties to this Agreement.
RECITALS
A. Developerrepresents that, as of the recordation of this Agreement, it will have the legal or equitable interest to land consisting of approximately I 7.1 8 gross acres, comPrised of four parcels APN 172-030-44, -45, -46, -47 as shown on the attached map attached hereto as which is incorporated herein by reference, and more particularly described in ("Property").
whichis incorporated herein bY reference
B. On October 24,2022, the City of Tulare Planning Commission adopted Resolution No. 5435, approving the Fulton Esiates Tintative 3ubdivision Map and related conditions of approval, which set forth thi intasiructure obligation and conditions related to the development and build out of approximately-185 residential lots to be ieveloped in two phases and a commercial parcel to be developed in a thirdphase located at the southwest .o^"r of Stite Route 137 ("SR 137') and Oakmore Street (the "Project').
Resolution No. 5435 is attached and incorporated hereto as !4!Q!!Q C. With regard to Opening Day Improvements (as defined below) to the intersection of SR 137 and Oakmore StreeirequireAio miiigate nrolect impacts, the following conditions, which are set forth in an August Ig,2022 Caltrans letter, are included in Resolution No' 5435:
l4) Caltrans recommends that the project construct opening day improvements to mitigate impacts at the SR \37lOakmore Street intersection.
16) #16 ealtrans requires the project to analyze all potential intersection improvement solutions, at the SR |37loakmore Street intersection, in accordance with the Traffic Operations Policy DirectiveNo. 13-02, dated: August 30,2013.
17) #17 Any project that may r.q,ii." employing full control at state highway intersections (for -
exampli: io c-ontrol all apiroaching traific via use of signal, stop or yieldcontrol) must consider all three intersection control stratelies (stop, roundabout and signal) and the supporting design configurations per the Intersection contrbl Evaluation (ICE) guidelines. ICE establishes a context and performance-based evaluation process to produce engineering recommendations on intersection traffic control strategies and geometric configurations for location specific I
needs and conditions. fuiy project opening day mitigation at an intersection must be evaluated per the ICE procedure. This new policy will affect the engineering process to determine the intersection improvement on State Route (SR) 137. The Traffic Operations Policy Directive No. 13-02 can be found at http://www.dot.ca.gov/hq/traffops/policyl l3'02.pdf. The ICE requirements can be found on the Caltrans website: http://www.dot.ca.gov /ha/traffops/liaisons/ice. html.
I 8) If a roundabout is not chosen as the preferred intersection control strategy, Caltrans anticipates the Project will need to construct the following improvements at the SR |37lOakmore intersection as mentioned in the Chapter 4 of the TIS:
.a. eastbound left, thru and right turn lanes,
b. northbound left and thnr/right turn lanes.
19) If a roundabout is not chosen as the preferred intersection control strategy, Caltrans also requires the Project to provide a westbound and eastbound left-turn lane and protected left+urn phasing on SR 137 to southbound and northbound Oakmore Street. 20) baltrans requires the Project to construct highway frontage improvements including curb and gutter, and a minimum 6-foot (l0-foot prefened) sidewalk along SR 137. The back of the sidewalk should match the TCR ultimate transportation concept (UTC) for SR 137.
D. Subsequent to the Project Approvals (as defined below), City determined that it would pursue a realignment of the Oakmore Street arterial conidor to the Road 126 alignment. ln such instance, it is anticipated that the existing segment of Oakmore Street fiom SR 137 to the southem boundary of the Project would be retained as a collector standard roadway. This change created uncertainty in Caltrans' requirements for the intersection of SR 137 and Oakmore Street.
E. The City finds the development of the Project in accordance with this Agreement, the Project Approvals, and Subsequent Approvals (as defined below) will provide for orderly growth within the City consistent with the goals, policies and provisions of the General Plan.
F. ln exchange for these benefits to the City, together with the public benefits that will result from the development of thl Project pursuant to the Conditions of Approval (as defined below), Project Approvals, and Subsequent Approvals, Developer seeks assurance that it may proceed with the development of the Project in accordance with the terms and conditions of this Agreement.
G. The City Council has found that this Agreement is consistent with the General Plan and Zotmg Code.
AGBEEMENI
NOW, TIIEREFORE, in consideration of the promises, covenants and provisions set forthherein, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows:
ARTICLE I. DEFINITIONS
"Agreement" means this Agreement entered into by and between the City and Developer and any subsequent amendments or modifications related to the Project. "City''shall mean the City of Tulare, a Califomia municipal corporation. "City Council" shall mean the City Council of the City of Tulare. "City ManageC' shall mean the City Manager of the City of Tulare. 2 "Commeryial Phase" is defined in Section 3.03 of this Agreement. "Conditions of Approval" shall mean the consolidated conditions of approval for the Project as set forth in City of Tulare Planning Commission Resolution No. 5435, attached and incorporated hereto as Exhibit C' "Effective D3!e" is defined in Section 2.01 of this Agreement. *ISOAP" shall mean the Intersection Safety and Operational Assessment Process. "Openins Day Improvements" is defined in Section 3.03 of this Agreement. "Proiect Approvals" shall mean the Tentative Subdivision Map approval, Final Map Approval, Commercial Building Permit, and any and all other permits, licenses, consents, rights and privileges, and other actions approved or issued by City in cormection with development of the Project on or before the Effective Date (as defined below), including but not limited to site plans, infrastructure improvement plans, approval of a community facilities district, and grading and building-related permits, as well as all associated environmental documentation and mitigation measures pursuant to the California Environmental Quality Act.
"Residential Phase 2" is defined in Section 4.03 of this Agreement. "subsequent Approvals" shall mean all future entitlements sought by Developer, or their successors/transferees in interest that are required for the Project's development.
Other Miscellaneous Terms. For the purposes of this Agreement, the singular shall include the plural; the masculine gender shall include the feminine; "shall" or "will" are mandatory; "may" is permissive. If there is more than one signer of this Agreement, the signer obligations are joint and several.
ARTICLE 2. EFf,'ECTTVE DATE AND TERM
Section 2.01. Effective Date and Term. This Agreement shall become effective as of June 17,2025 ("Effective Date') and shall expire ten (10) years after the date the City provides written notice to Developer of the final alignment of the Oakmore Street arterial corridor to the Road 126.
ARTICLE 3. OBLIGATIONS OF DEVELOPER
Section 3.01. Oblieations of Developer Generally. Inconsideration ofthe City entering into this Agreement, Developer agrees that it will comply with this Agreement and with all Conditions of Approval related to Opening Day Improvements. Developer agrees that an express condition to City's issuance of any permits to or for the benefit of the Project in accordance with the timeframes and sequences set forth in this Ageement shall be the construction of Opening Day Improvements. The parties acknowledge and agree that City's agreement to perform and abide by the covenants and obligations of City set forth in this Agreement is a material consideration for Developer's agreement to perform and abide by its long-term covenants and obligations, as set forth herein. The parties futher agree that this Agreement does not relieve Developer of its obligation to comply with Conditions of Approval that do not relate to Opening Day Improvements.
Conditibns of Approval that do not relate to Opening Day Improvements are outside the scope of this Agreement.
ill
3 il/
Section 3.02. ISOAP. After City determines the final alignment of the Oakmore Street conidor to the Road 126, D"*t"p"r ttt"tt prepare for Caltrans' and the City's review and approval an ISOAP to study the intersection of Sn tf i and Oakmore Street. Developer shall provide the ISOAP to Caltrans and the City within twelve (12) months of receipt of written notice from the City of the final alignment of the Oakmore Street corridor to the Road 126.
Section 3.03 Openins Day knprovements. Prior to the issuance of building permits for the commercial portion of tne ero.lect on the approximately l.8-acre portion of the Property shown on Exhibit A.2 as itemainder Parcel of Parcel Map 5423 (the "Commercial Phase'), Developer agrees to obtain an encroachment permit from Caltrans and construct any improvements to the SR 137 and Oakmore Street intersection required by Caltrans as determined in the ISOAP ('Opening Day lmprovements'). The parties agtee that, although Developer has agreed to pay for and construct all Opening Day Improvements, Diveloper ultimaiely will be financially responsible for only its pro rata share of Opening Day Improvements based upon the ISOAP and a nexus study that determines the proportionate fair share of the costs of the improvemints and right of way acquisition made necessary by the development of the Project in accordance with the Mitigation Fe" Act, the Subdivision Map Act, the Fifth Amendment to the United States Constitution, and the United States Supreme Court's decision rn Sheetz v. County of El Dorado (2024) 601 U.S. 267).TheCity hereby acknowledges and agrees that the residential portions of the Project ur" p"r-itt"C to be constructed before Caltrans and the City approve the ISOAP and before any Opening Day Improvements are commenced or completed. The parties agree that, regardless of whether building permits are issued for the Commercial Phase, Developer shall obtain an encroachment permit from Caltrans and complete construction of Opening Day tmprovements within ten (10) years of the date the City provides written notice of the final alignment of the Oakmore Street corridor to the Road 126. The City hereby acknowledges and agrees that, ifthe ISOAP determines no improvements are required, then Developer has no further obligations under this Section 3.03.
Section 3.04 Commercial Parcel. Developer agrees that development of the Commercial Phase of the nroi""t *itt not commence until after construction of any Opening Day Improvements required by Caltrans peithe ISOAP study and Caltrans' written acceptance of the Opening Day Improvements. If the ISOAP study concludes no Opening Day lmprovements are needed, then the parties agree construction of the Commercial Phase of the Project may commence immediately' Section 3.05 Security &J Performance and Perspnal G.fiaranty. The parties acknowledge and agree that, as of the Effective nate, it-is noi possible to determine the amount of Developer's fair share of the costs of Opening Day Improvements l"Opening Day Improvements Obligations"). The parties understand, act nowledge, andigree that this determination will, at a minimum, reguire completion of the ISOAP and fair share nexus study in accordance with the Mitigation Fee Act, the Subdivision Map Act, thc Fifth Amendment to the United States Constitution, and the United States Supreme Court's decision in Sheetz v.
County of El Dorado Q020 601 U.S. 267). Before the City determines Developer's Opening Day Improvements Obligations, these Obligations shall be secured primarily_by a Personal Guaranty and secondarily by a SeJurity Agteement, pirfected by a Deed of Trust, as set forth in the subsections below.
After the bity C"t"ttninis D-weloper'J Opening Day Improvements Obligations, Developer may electto provide t6" iity with substitute sicurity, such is a cash payment, in a form reasonably acceptable to the bity. tf O"ueloper elects to provide a cash payment as substitute security, the City shall hold the payment in trust in an inlerest bearing account until the Opening Day Improvements are complete.
A. As a condition of this Agreement, James G, Nunley ('Nunley'), Developer's membermanager, will personally guaranty Developer's performance hereunder. As a condition of this Agreement, NunlJy will eiecute a Perional duaranty in the-amount of five hundred thousand dollars ($500,000.00) in a formsubstantially similar to the attachid Exhibit Q ('Personal Guaranty''), with such execution occurring concurrently with ihe parties' execution of-iffi agreement. The terms of the executed Personal Guaranty 4 are incorporated herein by reference, and Developer agrees and assents to the terms of the Personal Guaranty. Nunley's breach of the Personal Guaranty shall automatically constitute a breach of this Agreement.
B. If the amount of the Personal Guaranty is insufficient to pay for Developer's fair share of the costs of Opening Day Improvements, Developer's Opening Day Improvement Obligations shall be secondarily seiured by a security interest in the real property ("security Property'') more particularly described in the attached Exhibit E, which is incorporated herein by reference. Developer's offer of the Security Property as secufrfi for Developer's Opening Day Improvements Obligations shall be set forth in a Security Agreement ('security Agreement") in a form substantially similar to the attached Exhibit F. The terms of the executed Security Agriement are incorporated herein by reference. City's secrffiest in the Security Property shall be perfected through Developer's execution of a Deed ofTrust ("Deed ofTrust") in a form substantially similar to the attached Exhibit G. The terms of the executed Deed of Trust are incorporated herein by reference. Execution of the Security Agreement and Deed of Trust shall occur concurrently with the parties' execution of this Agreement, and City will record the Deed of Trust against the Security Property at Developer's expense through First American Title Company Escrow No. 7282335.
This Agreement is expressly conditioned on Developer's execution of the Security Agreement and the Deed of Trust. Developer's breach of the Security Agrcement or the Deed of Trust shall automatically constitute a breach of this Agreement by Developer.
C. Developer's liabilities under this Agreement, the Security Agreement, and the Deed of Trust shall, unless fully performed, survive any City action on any security, whether or not such action constitutes an election of remedies against Developer.
D. The Security Agreement, Deed of Trust, and Personal Guaranty shall automatically terminate after any of the following: (i) Caltrans approves and accepts all Opening Day Improvements; (ii) the ISOAP determines no improvements are required; or (iii) Developer (a) provides the City with substitute security acceptable to the City in an amount suffrcient to pay for Developer's Opening Day Improvements Obligations; and (b) pays to City any other amounts owed to City under the Security Agreement, Deed of Trust and/or the Personal Guaranty. The City Manager shall execute the documents needed to terminate these agreements and remove the Deed of Trust from title to the Security Property within thirty (30) days of written notification that any of these events have occurred.
E, The parties agree that, even if the security Developer provides pursuant to this Agreement exceeds Developer's fair share of the costs of Opening Day Improvements, Developer ultimately shall not be responsible for more than Developer's fair share of the costs of the Opening Day Improvements. Except as otherwise provided herein or in the Personal Guaranty, Security Agreement, or Deed of Trust, prior to enforcing the Personal Guaranty, Security Agreement, or Deed of Trust, the City shall determine the total costs of Opening Day Improvements and Developer's fair share of those costs as determined by a nexus study after the ISOAP is complete in accordance with Sections 3.03 and 4.04 of this Agreement.
Developer's and Nunley's liability under the Personal Guaranty, Security Agreement, and Deed of Trust shall not exceed Developer's fair share of the costs of Opening Day tmprovements and other amounts that may be owed to City thereunder. If City receives more than Developer's fair share of the costs of Opening Day Improvements and other amounts owed to City through enforcement ofthe Personal Guaranty, Security Agreement, and/or Deed of Trust, the City shall reimburse Developer and/or Nunley, as applicable, within six (6) months of discovery of the overpayment.
Section 3.06. Insolve.ncy. If Developer or Nunley becomes insolvent, makes a general assignment, commences a petition in bankruptcy, or there is commenced any other insolvency or reorganization proceedings by, against, or with respect to Developer or Nunley before the Personal Guaranty, Security hgree-"ni, unaloi Deed of Trust are terminated or released, Developer shall be deemed to have breached this Agreement.
5 Section 3.07. lndemnification.
A. lndemnity.
(l) Developer shall indemni&, defend, and hold harmless City and its elected or appointed officiaiq offrcers, ernployees, agents, representatives, and independent contractors (collectively "lndemnified Parties") from and against all claims, demands, actions, injuries, liabilities, losses, costs or damages, direct or indirect, and any and all attorneys' fees and other expenses whish the Indemnified Partiei, or any of them, may sustain or incur as a consequence of or in any way related to Developer's negligent p"i'o*"n"e, willhrl misconduct, or its failure to perform or comply with any of its obligations ori"rponsibilities contained in this Agreement, including, without limitation, the design and construction of infrastructure improvements required pursuant to this Agreement, Conditions of Approval, the Project Approvals, or Subsequent Approvals.
(2) Developer's obligation to indemniff, defend, and hold harmless shall survive expiration or termination of this Agreement.
(3) Nothing in this section shall be construed to mean that Developer shall defend, indemniff, release or hold harmless the Indemnified Parties from any claims of personal injury, death or property damage arising from the Indemnified Parties' negligence or willful misconduct. (4) Following the execution of an Assignment and Assumption Agreement in connection with a transfer concerning less than the entire Property (an "Assignee's Property"), owners of the resulting portions of the Property (an "Assignee") shall be severally, but not jointly, liable for Developer'Jobligations under this section only to the extent that such obligations relate to their respective portioni of the Pioperty. The Assignment and Assumption Agreement shall allocate responsibilrty for any iemaining Opening Day Improvements. Notwithstanding the foregoing, in no event shall (i) an Assignee be liablJ foi neveloper's failure to construct, or timing or delay in constructing, the Opening Day Improvements, and (ii) an Assignee that is a homeowner bear any liability hereunder. Developer will remain liable to the City for Developer's failure to construct or any delay in constructing the Opening Day Improvements.
B. Attack of Proceedines. To the fullest extent permitted by law, Developer shall defend, indemnify, and hold harmless the Indemnified Parties, and each of them, from any claim, action, or proceeding against the Indemnified Parties, or any of them, to attack, set aside, void, or annul an approval bf City oflnis Agreement, Project Approvals, Subsequent Approvals, or any other approval required for development of the Project.
C. Effect of Insurance. Developer's obligation to defend, indemniff and hold the Indemnified Parties, and eachof them, harmless under the provisions of this section is not limited to or restricted by any requirement in this Agreement for Developer to procure and maintain insurance coverage.
D. Defense gf Claim. If any such claim, action, or proceeding is brought against the Indemnified Parties, or any of them, Developer shall, at City's election, defend City at Developer's sole expense by counsel satisfattory to City or, upon demand, pay any and all of City's legal fees should City elect to utilize its own legal counsel.
E. Notice of Claim. City shall promptly notiff Developer of any claim, action, or proceeding against the lndemnified Parties, or any of them, relating to the performance, or omission to perform, any telm or condition of this Agreement. The Indemnified Parties shall cooperate fully in the defense of such claim, action, or proceeding.
6 Section 3.08. Insurance. Prior to commenc€ment of work, Developer will, during the remaining term of this Agreement, satisff the insurance requirements set forth in the attached Exhibit H, which is incorporated herein by reference.
ARTICLE 4. OBLIGATIONS OF CITY
Section 4.01. Obligationp- of the City Generallv. For consideration of Developer entering into this Agreement, City agrees that it will comply with the terms and conditions of this Agreement.
Section 4.02. Final Alienment of Oakmore Street. The City shall determine the final alignment of the Oakmore Street corridor to the Road 126 within six (6) months of the Effective Date. The parties agrce that, after Developer conunences preparation of the ISOAP, the City shall not modiff the alignment of the Oakmore Street corridor to the Road 126 in a manner that increases costs of the preparation of the ISOAP or the construction of Opening Day Improvements without Developer's written consent. The parties further agree that if Caltrans requires modifications to the alignment of the Oahnore Street arterial corridor to the Road 126 after Developer has commenced preparation of the ISOAP, the parties shall meet and confer in good faith on apportionment of any increased costs of preparation of the ISOAP and construction of Opening Day Improvements. The City shall approve the ISOAP and determine Developer's Opening Day lmprovements Obligations within six (6) months of the date Caltrans approves or accepts the ISOAP.
Section 4.03. Approvals and Permits.
A. Residential Approvals and Permits. [n connection with the second residential phase of the Project, the City shall allow the approximately fifteen (15) acres within parcels 2, 3, and 4 of Parcel Map 5423to be developed with approximately eighty six (86) homesites ('Residential Phase 2'). The City shall not condition permits, licenses, consents, rights, privileges, and other approvals needed to complete development of Residential Phase 2 of the Project, including but not limited to building permits and certificates of occupancy for each homesite, on Caltrans' approval of the ISOAP or construction of the Opening Day Improvements. Furthermorg the City will not withhold permits or certificates of occupancy for Residential Phase 2 if: (i) SR t 37 frontage improvements are delayed due to Caltrans' failure to issue an encroachment permit or failure to conduct additional plan review in a timely manner; and (ii) Developer posts, to the City's satisfaction, payment and performance bonds for all public infrastructure improvements required for that phase. The parties agree that Residential Phase 2 shall be responsible only for the frontage improvements along SR 137 and Oakmore Street that abut the parcels contained within Residential Phase 2, The City agrees that, in connection with development of Residential Phase 2, Developer and its successors and assigns are not responsible for and are hereby released from any other Conditions of Approval related to the ISOAP or the Opening Day Improvements.
B. Commercial Approvals and Permits. After construction of any Opening Day Improvements required by Caltrans per the ISOAP study, City shall promptly review plans and promptly approve and issue any and all permits, licenses, consents, rights and privileges, and other approvals needed to complete development of the Commercial Phase of the Project, including but not limited to issuance of building permits for the Commercial Phase. For the purpos€s of this section, "prompt" review shall mean providing comments or a final decision within thirty (30) days, or sooner if practicable.
Section 4.04. Reimbursement. The parties agree that Developer is only responsible for the Project's fair share of the costs of any traffrc improvements constructed by or paid for by Developer. The City agrees that, to the extent the costs of improvements constructed by or paid for by Developer exceed the Project's fair share as determined by a nexus study after the ISOAP is complete, the City shall reimburse Developer consistent with the City's existing practice for reimbursements from development impact fee accounts which shall not exceed twelve (12) months from the date the improvements are accepted by the City or 7 Caltrans, as applicable. This fair share reimbursement obligation includes, without limitation, any costs of the Opening bly Improvements identified in Section 3.03 of this Agreement. The City shall reimburse Developer for costs that exceed the Project's fair share regardless of whether the improvement is part of the City's fair share impact fee program for reimbursements for arterial/collector streets and intersections. lf the improvement is nbt part of an existing fair share impact fee program, Developer's fair share shall be based on a nexus study that determines the proportionate fair share of the costs of the improvements made necessary by the development of the Project in accordance with the Mitigation Fee Act, the Subdivision Map Act, the Fifth Amendment to the Unitd States Constitution, and the United States Supreme Court's decision rn Sheetz v. County of El Dorado (2024) 601 U.S. 267). Developer acknowledges that it will be Developer's sole responsibility to determine whether prevailing wages must be paid as a result of City's reimbursement to Developer hereunder, and Developer will satisff all statutory prevailing wage requirements set forth in Labor Code Section1720, et seq. to the extent they are applicable.
Section 4.05. Protection of Vested Riehts. Subject to and during the term of this Agreement, Developer shall have a vested right, the extent that rights have vested, to develop the Property in accordance with the Project Approvals and this Agreement. Payment of then-current development impact fees remain a condition of UuitAing permit issuance. To the maximum extent permitted by law, City shall not impede or interfere with the *reitld rights, to the extent rights have vested, provided by this Agreement to Developer over the term of this Agreement.
Section 4.06. Ouitclaim. of Aereement. Upon approval and acceptance by Caltrans of required SR 137 improvements or upon a determination based on the ISOAP that no improvements are required, City shall quitclaim and record a release on the Property.
ARTICLE 5. COOPERATION - IMPLEMENTATION
Section 5.01. Processing Apnlication for Subseguent Approvals. By granting the Project Approvals and entering into this Agreement, City has determined that, as to the aspects of the Project covered by the Project Approvals, the Project's contributions to public improvements address the Project's impacts and are in the best interests of the public health, safety and general welfare. Accordingly, City shall not impose any additional discretionary conditions with respect to matters covered by the Project Approvals.
Notwithstanding such limitation, City shall enforce the Conditions of Approval of Resolution 5435, and, if a Subsequent Approval involves the exercise of discretionary authority by City, City shall not be prevented from imposing conditions of approval in the exercise of such authority.
ARTICLE 6. AMENDMENT
Section 6.01. Amendment of This Agreeme.nt. This Agreement may be amended from time to time by mutual written consent of the parties hereto or their successors in interest City agrees to allow minor modifications to this Agreement with approval from the City Manager, provided that the modifications are in substantial conformance with this Agreement and the Project Approvals or any approved amendments to the Project Approvals, as determined by the City Attorney. Minor modifications shall not require approval by the City Council.
ARTICLE 7. ASSIGNMENT, TRANSFER AI\D NOTICE
Section 7.01.
A. Developer shall have the right under this Agreement to assign its rights, interests, and obligations hereunder, and they may be transferred, sold, or assigned in conjunction with the transfer, sale, or aisignment of all or a portion of the Property at any time during the term of this Agreement. However, 8 no transfer, sale, or assignment of all or any portion of the rights, interests or obligations hereunder shall occur without the prior written notice to City and approval by the City Council, which approval shall not be unreasonably withheld or delayed. The City Council shall consider and decide the matter after written notice is provided to the City Manager by Developer, and receipt by the City Council of all necessary documents, certifications, and any other information reasonably required by the City Council to decide the matter. Approval by the City Council shall be for the purposes of: (i) providing written notice to City; (ii) assuring that all obligations of Developer are allocated as between Developer and the proposed purchaser, transferee, or assignee if any obligations are being retained by Developer; (iii) assuring City that the proposed purchaser, transferee, or assignee is capable of satisfactorily performing the obligations hereunder; and (iv) assuring City that if only a portion of the rights, interests, and obligations hereunder are being transferred, sold, or assigued, said transfer, sale, or assignment will not interfere with the orderly development of the Project as established herein. Developer will remain responsible for all obligations hereunder that are not assigned to a purchaser, transferee, or assignee.
B. If Developer seeks to transfer, sell, or assign all or a portion of the rights, interests, and obligations of Developer hereunder, Developer's assignee shall execute a document ("Assignment and Assumption Agreement') reasonably satisfactory to City through which Developer and assignee acknowledge allocation of responsibilities hereunder. Upon the City Council's approval of an Assignment and Assumption Agreement, Developer shall, except as otherwise provided herein and/or except for obligations expressly retained by Developer, be released from its obligations under this Agreement with respect to the portion of the Property being transfened, sold, or assigned. Developer will remain responsible under this Agreement to the extent that Developer's responsibilitie.s are not assigned to and assumed by an assignee or successor-in-interest of Developer.
C. The conditions and covenants set forth in this Agreement and incorporated herein shall run with the land, and the benefits and burdens shall, except as otherwise provided herein, bind and inure to the benefit of all successors-in-interest to the parties. Each and every purchaser, assignee, or transferee of an interest in the Property, or any portion thereof, shall be obligated and bound by the terms and conditions of this Agreement, and shall be the beneficiary hereof and a party hereto, but only with respect to the Property, or such portion thereof, sold, assigned, or transferred to it. Any such purchaser, assignee, or transferee shall observe and fully perform all duties and obtigations of Developer contained in this Agreement, as such duties and obligations pertain to the portion of the Property sold, assigned, or transferred to it.
ARTICLE 8. DEFATJLT; RBMEDIES; TERMINATION
Section 8.01. Defaults. Any failure by either party to perform any term or provision of this Agreement, which failure continues uncured for a period of thirty (30) days following written notice of such failure from the other party (unless such period is extended by mutual written consent), shall constitute a default ("Default") under this Agreement. Any notice given pursuant to the preceding sentence ('Default Notice") shall speciff the nature of the alleged failure and, where appropriate, the manner in which said failure satisfactorily may be cured. A party will not, however, be deemed in Default, if the nature of the failure to perform is non-monetary in nature and is such that it cannot reasonably be cured within such thirty (30) day period, and the non-performing party commences to cure the breach within such time period and diligently pursues such efforts through completion. Upon the occunenoe of a Default under this Agreement, the nondefaulting party may cure the defaulting party's default, may institute legal proceedings to enforce the terms of this Agreement, may terminate this Agreement, or may pursue any other remedy available at law or in equity. If the breach is cured by the defaulting party, then no Default shall exist and the noticing party shall take no further action.
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Section 8.02. Force Maieure and Excusable Delay:.Fxtension of Time of Performance. In addition to specific provisions of this Agreement, neither party shall be deemed to be in Dofault where delays in performance or failures to perform non-monetary obligations are due to, and a necessary outcome oi war, insurrection, strikes or other labor disturbances, walk-outs, riots, floods, earthquakes, ftres, casualties, acts of God, restrictions imposed or mandated by other governmental entities (including new or supplemental environmental regulations), enactment of conflicting state or federal laws or regulations, judicial decisions, or similar basis for excusable performance which is not within the reasonable control of the party to be excused (collectively "Force Majeure"). Inability to acquire the right of way need for Opening Day Improvements despite reasonable diligence and litigation attacking the validity of this Agreement, or any permit, ordinance, entitlement or other action of a governmental agency other than City necessary for the development of the Project pursuant to this Agreement, shall also be deemed to create an excusable delay as to Developer (collectively "Excusable Delay'). tn the event of Force Majeure or Excusable Delay, the parties shall memorialize in writing the extension of time for the performance of any obligation whose performance has been so prevented or delayed. The term ofany such extension shall be equal to the period of the Excusable Delay or Force Majeure or such other period as may be mutually agreed upon by both parties.
Section 8.03 Remedies Cumulative. No remedy is exclusive of any other remedy, and remedies available to City are cumulative and in addition to every other remedy given under this Agreement or any other agreement between City and Developer or which exist at law or in equity. City will be entitled to an injunction or decree of specific performance to enforce any or all of its rights and remedies under this Agreement, and Developer waives any requirements for the posting of bond or other security in connection with any such injunction or decree.
ARTICLE 9. NO AGENCY, JOINT VENTURE OR PARTNERSHIP
It is specifically understood and agreed to by and between the parties hereto that: (i) the subject development is a private development; (ii) City has no interest or responsibilities for, or duty to, third parties conceming any improvements until such time, and only until such time, that City accepts the same; (iii) Developer shall have full power over and exclusive control of the Project herein described, subject only to the limitations and obligations of Developer under this Agreement and any the Project Approvals and applicable law; and (iv) City and Developer hereby renounce the existence of any form of agency relationship, joint venture or partnership between City and Developer and agree that nothing contained herein or in any document executed in connection herewith shall be construed as creating any such relationship between City and Developer.
ARTICLE IO. MISCELLAI\IEOUS
Section 10.01. Reserved.
Section 10.02. Severability. If any term or provision of this Agreement, or the application of any term or provision of this Agreement to a particular situation, is held by a court of cgmpetent jurisdiction to be invalid, void or unenforceable, the remaining terms and provisions of this Agreement, or the application of this Agreement to other situations, shall continue in full force and effect unless amended or modified by mutual consent of the parties. Notwithstanding the foregoing, if any material provision of this Agreement, or the application of such provision to a particular situation, is held to be invalid, void or unenforceable, either City or Developer may (in their sole and absolute discretion) terminate this Agreement by providing written notice of such termination to the otherparty.
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Section I 0.03. Othel Necessary Acts. Each party shall execute and deliver to the other all such other further instruments and documents as may be reasonably necessary to carry out the Project Approvals and Subsequent Approvals and to provide and secure to the other party the full and complete enjoyment of its rights and privileges hereunder.
Section lO.Q4Janstrudign. The Parties have been represented by counsel throughout the negotiation of the Project and creation of this agteement. Counsel forboth Parties have contributed to this Agreement and approved it in its final form. Therefore both sides can be considered the drafting party, and neither party is suUle"t to the presumption that ambiguities shall be construed against the drafting party in the interpretation or enforcement of this Agreement.
Section 10.05. Notices. Any notice or communication required hereunder between City and Developer must be in writing, and may be given either personally, by facsimile (with original forwarded by regular U.S.
Mail) by registered or certified mail (return receipt requested), or by Federal Express or other similar courier promising overnight delivery. If personally delivered, a notice shall be deemed to have been given when delivered to the party to whom it is addressed. If given by facsimile transmission, a notice or communication shall be deemed to have been given and received upon actual physical receipt of the entire dosument by the receiving party's facsimile machine. Notices transmitted by facsimile after 5:00 p.m, on a normal business day or on a Saturday, Sunday or holiday shall be deemed to have been given and received on the next normal business day.If given by registered or certified mail, such notice or commrurication shall be deemed to have been given and received on the first to occur of(i) actual receipt by any ofthe addressees designated below as the party to whom notices are to be sent, or (ii) frve (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered as shown on a receipt issued by the courier. Any party hereto may at any time, by giving ten (10) days written notice to the other party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the parties at their addresses set forth below:
City of Tulare
4ll EastKernAvenue
Tulare, C493274
Attention: Marc Mondell, City Manager
Quest Equity LLC
1878 North Mooney Boulevard, Suite J
Tulare CA93274
Attention: James G. Nunley
Section 10.06. Entire Aereement. Counterparts and Exhibits. This Agreement is executed in duplicate, each of which is deemed to be an original. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the matters set forth herein and contains all of the covenants and agreements between the parties regarding said matters. Each party to this Agreement acknowledges thit no representations, inducementsn promises or agreements, orally or in writing, have been made by any party or anyon" acting on behalf of any party which are not embodied in this Agreement and no other agreement, statement or promise shall be valid or binding.
Section 10.07. Waiver. Any waivers of the provisions of this Agreement or any breach of covenants or "onAitionr
contained in this Agreement shall be effective only if in writing and signed by the appropriate authorities of City and Developer. A waiver of one (l) provision or breach shall not be considered as a continuing waiver, shall not constitute a waiver of any other conditions or covenants and shall not operate ll
to bar or prevent the other party from declaring a forfeiture or exercising its rights for any succeeding breach of either the same or other condition or covenant.
Section 10.08. Execution and Recordation of Agreement. Each party shall execute and notarize this Agreement and, no later than ten (10) days after full execution of the document, the City Clerk shall record the executed copy in the Official Records of Tulare County.
Section 10.09. No Third-PartlBeneficiaries. No person or entity shall be deemed to be a third- party beneficiary hereof and nothing in this Agreement (either express or implied) is intended to confer upon any person or entity, other than City and Developer any rights, remedies, obligations or liabilities under or by reason of this Agreement.
Section 10.10. Titles of Parts and Sections. Any titles of the sections or subsections of this Agreement are inserted for convenience of reference only and shall be disregarded in interpreting any part of this Agreement's provisions.
gection !0,LlDisgrelion of City. Except for the obligations under this Agreement, City's exegution of this Agr"*r"rt t" "" *"y limits the discretion of City in ihe permit or approval process in conneiiion with any siie plan approvals, subsequent entitlements, land use decisions, construction or improvements which are within City's jurisdiction.
Seclion 10.12. Representations of Authority. Each person sigmng this Agreement on behalf of a non-person entity hereby represents and warrants to the other party they have authorization to sign this Agreement and bind the entity on whose behalf they are signing the Agreement.
Section lQL3. Califonrria Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Califomia. Venue for any action shall be in Tulare County, Califomia.
Section 10.14. Attorneys' Fees. In the event of any action between City and Developer seeking enforcement of any of the terms and conditions of this Agreement, the prevailing party in such action shall be awarded, in addition to damages, injunctive or other relief, its reasonable costs and expenses, including, but not limited to, costs and reasonable attorneys' fees. The parties agree that any such action shall be venued in Tulare County, Califomia or in the Federal District Court in Fresno, California. g.epjion 10.15. Conflict with Other Documents" Nothing in this Agreement is intended to supersede, terminate, modiff or otherwise affect any provision of the Project Approvals or Subsequent Approvals. In the event of a conllict between this Agreement and the Project Approvals or Subsequent Approvals, the Project Approvals and Subsequent Approvals shall govern. The execution of this Agreement by the parties hereto strati in no way otherwlse affect the validity of any or all of the provisions of the Project Approvals or Subsequent Approvals.
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IN WITNESS WHEREOF, the foregoing and was adopted at a regular meeting of said Council onJune 17,2025.
CITY ON'TULARE
City Manager
x*Notary Required**
QUEST EQUITY LLC
James G. N
:**
ATTEST:
Melissa Wilcox, Chief Deputy City Clerk
APPROVED AS TO FORM:
P./tl
Mario U.
rlt
, Mem
13 A notary public or other officer completing thi
individual who signed the document to which
s certificate verifies only the identity of the
this certificate is attached, and not the
truthful , or vali of that document.
CALIFORNIA NOTARY ACKNOWLEDGEMENT
(rNDlvlDUAL)
State of California
County of -"FUL C.,^oOn I i7/ lTl€, -l-<-.."0^- ,{{ve-x L2 (insert name and title of
the offi , perso nally appeared
who proved to me on the basis of satisfactorY to be the person(s) whose name(s) is/are subscribed to the within instrr"iment 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.
I certify under PENALTY oF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct
WITNESS my hand and official seal.
TERE$A ALVES
0oMlI,,# 241
Signature [,lv Couu. txp.
Copyright @ 2018 NotaryAcknowledgement'com' All Rlghts Reserved CALIFORNIA ACKNOWLEDGMENT CIVIL CODE 51189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Trrlare
sl aol ao>r before me, Melissa Hermann, Notarv Public On personally appeared nnc\rc
Here lnsert Nome and Title of the Officer
f\\rc\^ ckl"\ Dote
Nome(s) of Signe(s)
who 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 heishe/they executed the same in his/heritheir 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' I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Ploce Notary Seol ond/or Stomp Above Signoture Notory Public
OPTIONAL
Completing this informotion con deter olterotion of the document or froudulent reattochment of this form to on unintended document.
Description of Attached
Title or Type of Document:
DocumentDate: NumberofPages:-
Signe(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
tr Corporate Officer - Title(s) n Corporate Officer - Title(s):
u Partner- n Limited tr General
tr lndividual tr Attorney in Fact
tr Trustee n Guardian or Conservator
tr Partner- n Limited tr General
n lndividual tr Attorney in Fact
tr Trustee n Guardian or Conservator
tr Other: n Other:
Signer is Representing Signer is Representing
02019 National Notary Association
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Tax Ara Codes
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NO.76g, P.M, E-69 NA.1092, P.M, 11-93
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SUBJECT PROPERTY - PARCEL MAP 5423 -*, -,
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EXHIBIT B
LEGAL DESCRIPTION OF SIJB.'ECT PROPERTY
Parcels 2, 3 , and 4 and remainder portion of Parcel Map 5423, in the City of Tulare, County of Tulare, State of California, as per map recorded in Book 55, Page 31 of Parcel Maps, in the Office of the County Recorder of said County.
EXIIIBIT C
RESOLUTION 5435
RESOLUTION NO. 5435
A RESOLUTION OF THE CITY OF TULARE PLANNING COMMISSION
APPROVING TENTATIVE SUBDIVISION MAP 2022.22. FULTON ESTATES WHEREAS, the City of Tulare Planning Commission held a regular meeting on October 24,2022 to consider a request by Quest Equity to subdivide approximately
38.48-acres into a 185-lot single family residential subdivision on property located on the southwest corner of Tulare Avenue (SR-l37) and Oakmore Street (APN 172-030-010); and
WHEREAS, the City of Tulare Planning Commission determined that the proposed subdivision map is consistent with applicable Tulare General Plan; and, WHEREAS, the City of Tulare Planning Commission determined that the design or improvements of the proposed subdivision are consistent with the Tulare General Plan; ffid,
WHEREAS, the City of Tulare Planning Commission determined that the site is physically suitable for the type of development proposed; and, WHEREAS, the City of Tulare Planning Commission determined that the site is physically suitable for the proposed density of the development; and WHEREAS, the City of Tulare Planning Commission determined that the design of the subdivision or the type of improvements are not likely to cause substantial environmental damage or substantial and avoidable injury to fish or wildlife or their habitat; and,
WHEREAS, the City of Tulare Planning Commission determined that the design of the proposed subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision; and,
WHEREAS, an Initial Study was prepal'ed and found that although the proposed project could have a significant effect on the environment, there will not be a significant environmental impact with mitigation measures incotporated; and, WHEREAS, the City of Tulare Planning Commission determined that a Mitigated Negative Declaration has been prepared in accordance with the California Environmental Quality Act; and,
Resolution 5435
Tentative Subdivision Map- 2022-22- Fttlton Estates
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WHEREAS, the City of Tulare Planning Commission considered the proposed Mitigated Negative Declaration and finds that there is no substantial evidence that the project will have a significant effect on the environment with mitigation measures incorporated; and,
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of Tulare makes the following specific findings based on the evidence presented:
1. That the proposed location of the Tentative Subdivision Map is consistent with the policies and intent of the General Plan, Zoning Ordinance, and Subdivision Ordinance.
2. That the proposed location of the Tentative Subdivision Map and the conditions under which it would be built or maintained will not be detrimental to the public health, or welfare, or materially injurious to properties or improvements in the vicinity.
3. That the proposed Tentative Subdivision Map will be in keeping with existing and future land uses on the site.
BE IT FURTHER RESOLVED, that the Planning commission hereby approves Tentative Subdivision Map 2022-22 (Fulton Estates), subject to the following:
1) Approval of the Fulton Estates Tentative Subdivision Map shall not become effective unless Annexation No. 2022-01 (East Tulare No. 35) - Fulton Estates is approved by the Tulare County Local Agency Formation Commission (LAFCO) and fully executed.
2) Applicant shall be responsible for providing all required LAFCO "pplication
materials and filing fees to City Staff. Staff will then submit a complete application to LAFCO upon approval by the City of Tulare City Council.
3) Applicant shall be responsible for the payment of California State Board of Equalization fees as required by LAFCO for all approved annexations.
Applicant to comply with all mitigation measures within the Initial Study/Mitigated Negative Declaration prepared for the project, which are hereby incorporated as Conditions of Approval'
Final subdivision map proposed to be recorded shall be in substantial conformance with the approved tentative map.
Applicant shall comply with Engineering and Fire Department comments/conditions (Attachments V and VI)'
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Resolution 5435
PageZ
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Tentative Subdivi sion Map- 2022'22'.Fulton Estates
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Applicant to meet requirements of Caltrans letters dated August 19,2A22 and December 16, 2021.
Adequate permanent or temporary fire protection facilities as approved by the Fire Chief, shall be installed prior to the issuance of any building permits and prior to the storage of combustible materials on site' Final acceptance of the tract shall be contingent upon the subdividers' providing within and/or outside the tract, drainage disposal facilities, as required to receive drainage and dispose for drainage and storm waters from this tract. Said facilities shall be subject to the approval of the Public Works/Engineering Department,
Applicant shall establish a landscape rnaintenance district prior to the recordation of the final map. All landscape plans within the landscape maintenance district shall be consistent with city standards and approved by the Community and Economic Development Director and/or the City Engineer.
Applicant shall record a note on final map indicating that all residential lots are subject to a landscape maintenance district pursuant to the Landscape and Lighting Act.
Applicant shall record a document notiffing homeowners that the subject property is within a landscape maintenance district.
Applicant shall submit four copies of a landscape and inigation plan consistent with the City's landscape ordinance.
Six-foot public utility easements shall be granted along all front yards as required for public utilities.
Final subdivision map shall depict all easements.
The applicant shall comply with the requirements of the Public Works Director and City Engineer regarding sewage disposal and water supply facilities.
All lots shall meet the provisions of the applicable zoning district.
Street names will be consistent with street names approved by the Street Naming Committee, and approved by the Community & Economic Development Director.
Applicant to record a "Right to Fatm" notice on final map.
The site plan provided for the commercial portion of the development is a oconcept' only. Specific development will be required to be submitted for review by the Site Plan Review Committee and may require additional
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Resolution 5435
Tentative Subdivision Map- 2022-22- Fulton Estates
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entitlement applications to be apploved by the City of Tulare Planning Commission prior to issuance of permits.
A 7-foot block wall with backing lot treatment required along Tulare Avenue (SR 137) and Oakmore Street. Final block wall design is subject to the Community & Economic Development Director's approval' Applicant to comply with San Joaquin Valley Air Pollution Control District regulations regarding dust control during construction.
Applicant to comply with San Joaquin Valley Air Pollution Control District Rule 9510 for the final map.
Applicant to provide and locate mailbox clusters as approved by the U.S.
Postmaster, Tulare.
The conditions of project approval set forth herein include certain fees, dedication requirements, reservation requirements, and other exactions.
Pursuant to Government Code Section 66020(dXa), these conditions constitute a written notice of the amount of such fees, and a description of the dedications, reservations, and other exactions. The Owner/Developer is hereby notified that the 90-day protest period, commencing from the date of approval of the project, beings as of the date of Planning Commission's conditional approval of the project. If the Owner/Developer fails to file a protest regarding any of the fees, dedication requirements, reservation requirements, or other exactions contained in this notice, complying with all the requirements of Government Code Section 66A20,the Owner/Developer will be legally barred from later changing such exactions.
Applicant to provide a retaining wall wherever adjacent lot grades exceed six inches.
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Ensineering;
The Engineering Division recommends the following Site Plan Review Status for the ect project:
Resubmit with the following required revisions to the site plan:
[J Proceed and comply with Engineering Conditions of Approval checked below. l. A 12" Master Plan waterline is required along the frontages of HWY 137 (Tulare Avenue) and Oakmore Street.
2. A 30" Master Plan storm drain line (see 2009 City of Tulare Storm Drainage System Master Plan) is shown extending east across the proposed project site along the Ryan Avenue alignment.
Resolution 5435
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Tentative Subdivision Map- 2022-22- Fulton Estates
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3. On the "Local Street" cross section, the 5 foot sidewalk shall be measured fi'om back of curb. Pavement structural section shall be based on R-values and required T.I.'s., not match existing as shown in the cross sections.
4. On the o'Oakmore Street" cross section, pavement shall be Type A and not Type B as shown in the proposed cross section'
5. On the "Tulare Avenue" cross section, the landscape and lighting distlict lot shall be a minimum of l0 feet wide. Additional width, up to 20 feet in total, may be required if Caltrans does not allow City utilities within their right-ofway.
6. Commercial corner parking lot configuration shall comply with City Standards.
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I Proceed. No applicable Engineering Conditions of Approval.
General Ensineerins Cq4gitiqps:
X AU public improvements conditionally required for project approval shall comply with the provisions of Chapter 8.24 "Subdivision Regulations" of the Tulare Municipal Code, the "City of Tulare Design Guidelines and Public Impt'ovement Standards", and all other applicable City policies, specifications, ordinances and standard operating procedures in effect at the time of their construction, unless specifically modified elsewhere in these conditions. These engineering conditions are intended to deal with major issues apparent to the Engineering Division while reviewing this development proposal. Nothing in these conditions precludes the City Engineer from applying other conditions/modifications necessary for good design, operation, and maintenance of existing and future City facilities, as might become apparent during design review and/or construction'
X att required engineering plans and calculations shall be plepared by a registered civil engineer. Any elevations shown on plans required for the subject development shall be based on the official City of Tulare datum. The Engineer shall provide three (3) copies of each improvement plan set submitted to the City of Tulare fol checking.
All public improvements shall be on 24" x 36" sheets, in a plan/profile format at a scale of 1"=50' or larger. Private on-site improvements may be plan-view only format, and may be on sheet sizes consistent with the rest of the on-site construction plans.
ffi Fouowing approval of the improvement plans, the Developer's Engineer shall provide the City of Tulare with an AutoCAD drawing file of the approved plans.
This shall be done prior to scheduling any pre-construction conferences or commencing construction of any improvements. Following the recordation of a Notice of Completion for the project, the Developer's Engineer shall provide the City of Tulare with an AutoCAD drawing file showing all As-Built revisions approved by the City and incorporated into the construction of the project improvements.
Resolution 5435
Tentative Subdivision Map- 2022-22- Fulton Estates
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X Prior to the start.of construction, a meeting will be called by the City Engineer with the Owner/Developer, Contractor and all concerned including utility companies to coordinate and schedule work in order to avoid all possible delays due to conflicts of operation and to guarantee that all City lequilements are met. The Contractor shall perform no construction in the field until aftel this meeting.
I Applicant shall obtain a Street Closure Permit fi'om the City. A traffic control plan prepared by a registered civil engineer, traffic engineer or traffic control specialist shall be submitted with the Street Closure Permit application, and will be subject to the approval of the City Engineer prior to application approval.
Reouired Data. Studies and Master Plan Documents:
X fne Owner/Developer shall submit a preliminary soils report for structural foundation, which shall be prepared by a Registered Civil Engineer based upon adequate soil test borings. Said report shall be submitted to the City Engineer or Chief Building Official.
X fne Owner/Developer shall have the soils investigated and make recotnmendations as to the correct method of trench backfill for the soils encountered in the subdivision so as to assure 90Vo relative compaction between the select bedding around the pipe to within 2 feet of the subbase. The top 2 feet shall be compacted to 95Yo relative compaction. Compaction tests are required on all trenches and street subgrades. All soils testing shall be performed at the sole cost of the Owner/Developer. The Owner/Developer shall establish an account with a licensed and certified soil-testing firm acceptable to the City Engineer prior to the start of construction for compaction testing of trench backfill and fills. The City shall order and direct all compaction tests.
X n-Vatue tests shall be taken for the design of all pavement areas to be constructed by this project. The spacing of said R-Value tests shall not be more than 400 feet apart, per linear foot of paving.
fl Percolation tests are required for the design of new drainage basin facilities, or the expansion of existing drainage basin facilities.
ffi Project trip generation data based upon the ITE Trip Generation Manual is required.
A Transportation Impact Study identifying the project impacts and proposed mitigation measures may be required as a condition of project approval, and shall be subject to the approval of the City Engineer. Traffic impact studies shall conform to current CEQA "state of the practice" standards, the Caltrans "Guide For The Preparation of Traffic Impact Studies", and City of Tulare General Plan requirements.
Traffic impact studies shall address provisions for pedestrian, bicycle and transit access to the project. In evaluating project impacts to existing toadway facilities, traffic impact studies shall utilize the cunent transportation modeling forecasts provided by the Tulare County Association of Governments (TCAG), and shall Resolution 5435
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' specifically address the project impacts and any appropriate mitigations to facilities identified by the City Engineer.
ffi fne Transportation Impact Study (TIS) prepared for the project indicated that the intersection of Tulare Avenue (State Route 137) and Oakmore Street is operating at Level Of Service (LOS) "E" in the PM Peak Hour under existing conditions.
Fufthermore, the Peak Houl traffic signal warrant was found to be met for the intersection. In their lettel dated August 19,2A22, Caltrans recommended that improvements to the intersection of Tulare Avenue and Oakmore Street be constructed as opening day improvements. Based upon that recommendation, along with General Plan Policy TR-P2.3, which states that the City shall maintain a Level of Service of "D" as the minimum desirable service level for freeways, arterial streets and collector streets, the Engineering Division concurs with the recommendation for opening day intersection improvements for the proposed project. An Intersection Control Evaluation (ICE) study subject to the review and approval of Caltrans is required to determine what those improvements will be.
fi Compaction tests are required on all street subgrades, and at utility trench crossings of curb, gutter and sidewalk. All soil testing shall be performed at the sole cost of the Owner/Developer.
fi Master Plan drawings are needed for: ffi Water, fi Sewer, ffi Storm Drain, ffi Streets
Risht of Wrrv Requircments
X Atry work to be done within the City street rights-of-way requires an encroachment permit issued by the Engineering Division, and shall be done under the inspection of the City Public Works Inspector. All contractols working within City street rights-ofway shall possess a valid City of Tulare business license. Separate encroachment permits are also required from the following agencies for work within their rights-ofway or on their facllities: fl County of Tulare:
-,
X State: Tulare Avenue
(Srate Ro.utg.l37), f] Tulare Irrigation District.
X fne following right-of-way dedications are required for street/alley pu{poses:
20' nrooertv corner radius:
Chamfer property corner:
137) ancl Oakmqre Street.
20' at the corner of Trrlnre A.venrte Rorttc
Alley:
Street: Tulare Avenue (State Route 137) * In accordance witl'r Caltrans letter dated August 19,2022, an additional dedication of 28 feet is required to provide for a total righrof-width of 73 feet.
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Oakrnole Street ultimate right-of-way is 112' (51'and 6l' fi'om centerline on the west and east side of the street respectively). An additional right-of-way dedication of 26' will be required.
I Waiver of direct access rights is required at the following locations:
I Easements will be required for all public utilities to be located outside of dedicated rights-of-way. Six-foot public utility easements are requiled along all street frontages, unless otherwise waived by the City Engineer. Additional easements may be required for ingress/egress, drainage, or shared trash enclosures.
Finlrl Man Rgauire"mant$,
X Submit to the City of Tulare a title report for the parcel(s) to be developed X Submit closures and tabulation of areas (square feet) of all lots within the subdivision.
A blue line area shall also be submitted.
fi Provide the City of Tulare with three (3) prints of the final map of the subdivision, and three (3) prints of the improvement drawings for final checking. [l Following the approval of final subdivision or parcel maps, the Developer's Licensed Surveyor or Engineer shall provide the City of Tulare with an AutoCAD drawing file of the approved final map, or GIS shapefile for the related parcels included on said final map.
X e City Clerk's Certificate is required on the final map for required dedications.
X a Public Works Certificate required on the final map if improvements are not constructed prior to recordation. This provision would require an engineer's estimate and an improvement security.
Roadway Inrnrevgments
ffi Street design shall conform to City of Tulare Design Guidelines and Public Improvement Standards The structural section design for new roadways and pave-out areas shall be based upon the results of R-Value tests at locations approved by the City Engineer, and the design criteria provided below. Minimum structural sections allowed shall be per the City of Tulare Design Guidelines and Public Improvement Standards:
Roadway Classification
Traffic
lndex
Paved Width
(curb face to
curb face)
a) Tulare Avenue (State
Route 137) State Highway
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Per
Caltrans
Tentative Subdivision Map- 2022-22- Fulton Estates
Per Caltrans
1 b) Oakmore Street Major Arterial 10.0 78 Feet
X At opening day improvements for any portion of the proposed project, construct intersection improvements at the intersection of Tulare Avenue (State Route 137) and Oakmore Street as identified and approved by Caltrans through the Intersection Control Evaluation (ICE) process.
I Construct full pave-out width from lip of guttel to the existing edge of pavement on the following existing roadways impacted by the development is required:
ffi Reconstruct/rehabilitate the following existing roadway segments -' impacted by the development in accordance with methods to be approved by the City Engineer:
Oakmore S_tfe,et frum south boundary of subdivision to Tulare Avenue (State Route r37).
fl Provide stabilized shoulders along the following existing roadway segments in accordance with the City of Tulare's adopted PM-10 control guidelines:
X Backing lot treatment with common area landscaping, inigation and block wall improvements shall apply to the following frontages: Tulare Avenue (Statp Route 137). Oakmore Street.
ffi Install median improvements per the requirements of Caltrans within Tulare Avenue (State Route 137).
ffi Provide pavement transitions from existing roadway cross-sections to new roadway cross-sections per the requirements of the City Engineer at the following locations:
Tulare Avcnqe (S1a!_e_Borlte 137. as required bv Qaltranp) and Oakmore Street.
X Crrrb and Gutter - Existing curb and gutter to remain shall be subject to inspection by the City Public Works Inspector. As a condition of project approval, Owner/Developer shall be required to replace any existing improvements that are determined to be non-compliant with regard to current City standards, or to be otherwise defective. Examples of deficiencies include, but are not limited to, slopes that exceed accessibility standards, cracked or raised concrete, and lack of truncated dome panels. New City Standard curb and gutter shall be constructed as indicated below.
Tulare Avenue (State Route 137) Per Caltrans
Oakmore Street Barrier Per City Std
tr Construct City standard cross gutter at the following locations:
ffi Dr.iver,vay Approaches - Existing driveway approaches to remain shall be subject to inspection by the City Public Works Inspector. As a condition of project approval, Resolution 5435
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Owner/Developer shall be required to replace any existing improvements that ale determined to be non-compliant with regard to current City standards, ot' to be otherwise defective. Examples of deficiencies include, but are not lirnited to, slopes that exceed accessibility standards, cracked or raised concrete, and lack of truncated dome panels. New City Standard driveway approaches shall be constructed as indicated below.
X Sidewalks - Existing sidewalk to remain shall be subject to inspection by the City Public Works Inspector. As a condition of project approval, Owner/Developer shall be required to replace any existing improvements that are determined to be noncompliant with regard to curent City standards, or to be otherwise defective.
Examples of deficiencies include, but are not limited to, slopes that exceed accessibility standards, and cracked or raised concrete. New City Standard sidewalk shall be constructed as indicated below. For adjacent sidewalk pattern, sidewalk shall transition behind driveway approaches and maintain a minimum width of 4 feet while doing so.
$treet Frontage Confiouration Sidewalk Width
(ft)
Tulare Avenue (State Route 137) Per Caltrans 10 Feet
Oakmore Street Parkway Pattern 6 Feet
I Rarnpeel Culb RetUUrs - Existing ramped curb returns to retnain shall be subject to inspection by the City Public Works Inspector. As a condition of project approval, Owner/Developer shall be required to replace any existing improvements that are detennined to be non-compliant with regard to curent City standards, or to be otherwise defective. Examples of deficiencies include, but are not limited to, slopes that exceed accessibility standards, cracked or raised concrete, and lack of truncated dome panels. New City standard ramped curb returns and/or pedestrian ramps shall be installed at the following locations:
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Street Frontaclels)
Tulare Avenue (State Route 137) - ln accordance with Caltra driveway approaches on Tulare Avenue shall maintain the min between access points (driveways), and maintain the minimum feet from the intersection of Tulare Avenue and Oakmore Street.
Oakmore Street - ln accordance with City Standard Drawing No.2110, commercial driveway approaches on Oakmore Street shall maintain a minimum corner clearance distance of 50 feet from the intersection of Tulare Avenue and Oakmore Street as measured from the beginning of the curb return.
Local Streets - One per residential lot, per City Standards. ns letter dated August 19, 2022,
imum access spacing ol 427 feet
corner clearance distance of 344
Location Configuralron
Tulare Avenue (State Route 137) and Oakmore Street Directional, Per Caltrans Requirements.
Local street connection to Oakmore Street Directional, 20' radius, Per Tentative Subdivision Map- 2022-22- Fulton Estates
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City Standards
Alley lnrprq,v"e.ments - The following alley improvements are required:
1. Construct vee gutter at the following locations:
2. Construct ADA compliant alley approach at the following locations:
3. Other: -.
X $tr:eet monuments - Street monuments shall be installed at locations as required by the City Engineer.
I Ternporary Tur:narounels - Turnarounds are required at all dead end or stubbed streets, except where refuse pickup on lot frontages does not requfue the refuse collection vehicle to back up. Grants of easement shall be provided to the City of Tulare for all temporary turnaround locations.
X Damage to Existing Street Improverqs$ts - If work by the Owner/Developer or his contractors render any existing City street to be in a condition unacceptable to the City Engineer, or his authorized representatives, said street must be restored to a condition as good as or better than before the development's construction activities began. Said repair work must be completed within 2 weeks of the damage having occuned, or in accordance with a schedule authorized by the City Engineer.
Thenceforth, the Owner/Developer shall maintain the street in its repaired state for the duration of the development's conshuction activities.
I Street Lights - Street lights shall be owned and maintained by Southern California Edison, and shall be installed at locations designated by the City Engineer per the City of Tulare Design Guidelines and Public Improvement Standards. Luminaires shall be LED fixtures mounted on standard concrete rnarbelite poles, and shall comply with the following general requiremeuts:
Roadway
Classification Wattage
Color
Rating
(kelvin)
Minimum
Lumens
Mounting
Height
Mast Arm
Length
Local Streets 31 Watt 4,000 4,000 26 feet 6 foot
Collector
Streets
39 Watt 4,000 5,000 26feet 8 foot
Minor
Arterial
Streets
39 Watt 4 000 5,000 32 feet 8 foot
Arterial
Streets
71 Watt 4,000 BI 500 32feet 8 foot
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Traffic Signal 4,000 15,000 Varies Varies
X Traffic Contrpl Devices * Stleet name signs, traffic control signs, pavement delineation and/or pavement markings shall be installed as required by the City Engineer.
Traffis Cqluring, Mpagq{gs - The ploposed development shall incorporate the following traffic calming measures:
ffi Bicycle and ledgi:trian F4cilitiEs - The proposed development shall incorporate the following bicycle/pedestrian facilities: Bic),'cle rack fur the retail buiLding at tlrc commercial cotner.
I Transit Facilities - The proposed development shall incorporate City standard bus turnout(s) at the following location(s):
Gratlinq Rcsuiremcnts -.
X a grading/drainage plan prepared by a Registered Civil Engineer or Licensed Architect and subject to approval by the City Engineer shall be submitted. The plan shall include existing and proposed contours, and detail the means of collection and disposal of storm water runoff from the site and adjacent road frontages in such a manner that runoff is not diverted to adjacent properry. On-site retention of storm waterrunoff is I required X notrequired.
A letter.verifying that lot gradinq was corrlplg-ted qcso(dinq te the apprsved grading / drainase plan shall bg prepsred by a Registered Civil uqinEer:or l,icensed Architgct gnd submitted to the Cit), Engineer prior to the issuance of any final occupancy ne:mits or notice r:f completion for publicjnrp!'ovemcnts. The Enqineer: or Architect shall affi.x thet stamp and seal to the letter,
ffi fne maximum slope adjacent to the back of any public sidewalk shall not exceed 5:l for the first 5 feet. For Landscape and Lighting Act District parcels, the maximum slope between the back of the sidewalk and the wall or fence shall not exceed 10:1.
Utilitv Improwmqntq
X ntt utility services to be located within paved areas shall be placed in the streets prior to paving.
ffi fne Ownery'Developer must make provisions for the installation of a gas distribution system in all streets and at the sizes determined by the Southern California Gas Company.
X att costs associated with the removal, relocation and undergrounding of utilities as necessary to accommodate installation of the required public improvements shall be the responsibility of the project. All utility lines, including but not limited to electric, Resolution 5435
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communications, street lighting and cable television, shall be required to be placed underground in accordance with Section 8.24.500 (M) of the City of Tulare Municipal Code. The cost of such relocations and undergrounding shall be included in the bonding provided for the project. The following streets have above ground utilities that will need to be undergrounded:
lVater,System Req u irements
fi Water main alignments shall be 6 feet south and/or west of street centerline unless otherwise approved by the City Engineer. The proposed development shall be responsible for the following water main extensions and connections:
ffi Pressure, leakage, and purity tests are required on - all City water system installations
at the sole cost of the Owner/Developer.
ffi fire hydrants and fire suppression systems shall be provided as required by the City of Tulare Fire Marshall. The proposed development shall demonstrate that sufficient flows are available to support the required improvements. All pg.i$Ls of connectip.-r? to tbe City-Water svstem are suhiect to th-e.appfoval of the City Engineel ffi fne proposed development shall install water services with back flow devices, as approved by Planning and Building. Water sizing calculations shall be provided at time of building permit application. Domestic and landscaping services shall be separate metered services using the make and model of meter specified by the City of Tulare Public Works Department. No substitutions are allowed. All R-M-2 lots shall lequire individual water services (l %* minimum) with meter boxes' ffi Water sampling stations shall be installed as follows: Per Public Works Director. ffi Existing water wells shall be abandoned, filled and sealed in accordance with applicable City, County of Tulare, and State of California standards.
Sewer Svstem Requirements
X Sewer main alignments shall be 11 feet north and/or east of street centerline unless otherwise approved by the City Engineer. The proposed development shall be responsible for the following sanitary sewer main extensions and connections:
-- ffi ttre proposed development shall connect to City sewer. If service fi'onr an existing lateral is ploposed, said lateral shall be exposed for inspection by the Public Works Resolution 5435
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_Street l.ocation
Tulare Avenue (State Route 137) Along the project's frontage Oakmore Street Along the project's frontage
Southern Boundary (if above ground utilities are
located on the project site)
Along the project's frontage
Tentative Subdivision Map- 2A22-22- Fulton Estates
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Inspector and upgraded to cuffent City standards if found to be bloken or substandard.
X ett sewer lines shall pass both mandrel and air pressure tests, and shall be subject to video inspection by developer and reviewed by the City's Public Works Inspector.
X a sewer monitoring station, oil/sand/water separator and/or grease interceptor shall be installed as required by the wastewater manager.
I Existing septic tanks shall be abandoned, filled and sealed in accordance with applicable City, County of Tulare, and State of California standards.
Storm Drainase Renuirements
f Storm drain alignments shall be 6 feet norlh and/or east of street centerline unless otherwise approved by the City Engineer. The proposed development shall be responsible for the following storm drain line extensions and connections:
X ntf storm drain lines shall be subject to video inspection by the developer and reviewed by the City's Public Works Inspector.
Landscaning and Parks Reouirements
X n landscape & inigation master plan for all phases of the subdivision shall be submitted with the initial phase to assist City staff in the formation of the Landscape & Lighting District. The landscape & inigation master plan shall be approved by the Director of Parks and Community Services a minimum 75 days befole approval of the final map or approval of the improvement plans (whichever comes first)' X a Landscape & Lighting District will maintain common area landscaping, common area irrigation systems, common area block walls, street trees, street lights and local street maintenance, The Owner'/Developer shall submit a completed Landscape & Lighting District application and all necessary calculations and supporting documentation for the formation of a the district a minimum of 75 days before approval of the final map or approval of the improvement plans (whichever comes first). Dedication to the City is required for all landscape and common area lots to be maintained by the Landscape & Lighting District.
On-site Imrrrovcmcnts (Cprnmercinl Corncr)
X On-site A.C. pavement design shall be based upon the results of "R" Value tests at locations approved by the City Engineer, and the following minimum traffic index requirements: 4.5 for parking areas/travel lanes and 5.0 for truck t'outes (including path of travel of solid waste collection vehicles).
X ett on-site water, sewer, and storm drain shall be privately owned. All City owned water meters shall be located within the City's ROW.
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X att unused culvefts and irrigation lines shall be abar,doned and plugged in a manner acceptable to the City Engineer.
X n trash enclosure is required and shall be shown on the inprovement drawings. The type, location and orientation of the enclosure shall be subject to the approval of the Solid Waste Division Manager. For doublewide enclosures, separate bins are required for solid and recyclable waste, and identification signing shall be posted adjacent to all points of direct access. The wording of the signing shall be clear and concise, and shall identifu all materials accepted in the recycling bin.
X a landscaping plan subject to the review and approval of the Planning and Building Divisions shall be provided. Approval of the landscaping plan is required prior to approval of engineering improvement plans by the City Engineer. All existing trees tfiat conflict with proposed improvements shall be removed to a depth of two (2) feet below proposed finish grade,
X f applicable, existing irrigation ditches and/or canals shall be piped, developed into a trail, or relocated outside the project boundaries per the direction of the City Engineer and affected irrigation district. Related irrigation facilities shall be subject to the same tequirements for piping or relocation.
X ln conformance with the City of Tulare's adopted air pollution control measures, a sign instructing delivery vehicle drivers to turn off their vehicle's engine while making deliveries shall be prominently posted at the location where deliveries are received.
I Fugitive dust shall be controlled in accordance with the applicable rules of the San Joaquin Valley Air Pollution Control District's Regulation VIII. Copies of any required permits will be provided to the City.
X m the project requires discretionary approval from the City, it may be subject to the San Joaquin Valley Air Pollution Control District's Rule 9510 Indirect Source Review per the rule's applicability criteria. A copy of the approved AIA application shall be provided to the City.
X lf the project meets the one acre of disturbance criteria of the States Storm Water Program, ih.n
"ou"rage
under General Permit Order 2009-0009-DWQ is required and a Storm Water Pollution Prevention Plan (SWPPP) is required. A copy of the approved per.mit and the SWPPP shall be provided to the City. When construction aciiuiti"s are not covered under the General Permit, storm water pollution control shall be implemented per the requirements of the City's Municipal Separate Storm Sewer System (MS4) permit.
ffi fne conditions of project approval set forth herein include ceftain fees, dedication requirernents, r'eservation requirements, and other exactions. Pursuant to Government Code Section 66020(d)(a), these conditions constitute a written notice of the amount of such fees, and a description of the dedications, reservations, and other exactions. "- - Page15
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The Owner/Developer is hereby notified that the 90-day protest period, commencing from the date of approval of the project, begins as of the date of Planning Commission's conditional approval of the project. If the Owner/Developer fails to file a protest legarding any of the fees, dedication requirements, reservation requirements, or other exactions contained in this notice, complying with all the requirements of Government Code Section 66020, the Ownery'Developer will be legally barred from later challenging such exactions.
Oversize Construction
ffi fne conditions of project approval require the construction of facilities which have been designated as o'masterplan facilities" by the City Engineer, and as such the OwnerlDeveloper may be eligible to receive reimbursement for oversized construction costs in accordance with Chapter 8.64 "Oversized Construction Reimbursement" of the Tulare Municipal Code, and the oversized construction reimbursement policies of the Engineering Services Department. Eligibility for any reimbursement of oversized construction costs is subject to the City Engineer's review and approval of costs prior to installation. Within 90 days following the notice of completion of the project, the Owner/Developer shall file with the City Engineer a financial statement, in the form specified by the City Engineer, stating and supporting the cost of constructing the oversize improvements. If the financial statement is not filed within this time period, the Owner/Developer shall not be eligible for any reimbursements. Oversize payments will be made in accordance with a separate oversize reimbursement agreement to be executed after completion of all subdivision improvements. Payment will be subject to the availability of funds.
Fees
All applicable City fees shall apply unless specifically waived or rnodified elsewhere in these conditions. All fees shall be based on the current fee schedule in effect at the time of final map recordation or upon the date of issuance of other discretionary petmit, whichever is applicable. These fees include, but are not limited to:
Sewer fi'ont foot charges of $ ?6J00 per front foot for frontages on I Sewer lift station fee of $ per acre. -
fl Water front foot charges of $ 17.50 per front foot for frontages on f] Street front foot charges of $ -.
-
per front foot for frontages on
I Benefit district creation fee -, (if applicable): $ 1.35600 per district.
I Traffic signal in-lieu fee of $
I rlo ditch piping in-lieu fee of $
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I Sewer main constrttction in-lieu fee of $
I Water main construction in-lieu fee of $
f] Street construction in-lieu fee of $
[l Engineering inspection fee based on a percentage of the estimated cost of construction is required prior to the construction of the improvements.
I Development impact fees to be paid with building permit at rates in effect at time of permit issuance.
ffi Engineering plan check fee to be paid at time of plan submittal.
I final map plan check fee to be paid at time of map submittal.
I Other: Landscap.p & Liehtine District application fees, Prepared By: Jan Bowen, Engineering Department
Fire
The Fire Prevention Bureau conveys the following site plan comments for SP 2l-117, Fulton Estates:
1. The project must comply with all of the latest applicable codes and standards.
2. When any portion of the facility or building to be protected is more than 400 feet from an existing fire hydrant on a fire apparatus access road as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the fire code official.
3. Additional fire hydrants shall be required. Fire hydrant spacing shall be as follows:
a. Residential development, fire hydrants shall be installed at 500-foot intervals. b. Divided Highway, fire hydrants shall be installed at 500-foot altemating intervals,
4. An approved water supply for fire protection shall be made available prior to combustible materials arriving on the site.
5. An approved fire apparatus access roads shall be provided for every facility, building or portion of a building constructed or moved into or within the City of Tulare. It shall extend to within 150 feet of all portions of the facility and all portions on the exterior walls of the first story of the buildings as measured by an apploved route around the exterior of the building or facility. The road shall be a minimum of2O'wide and have a minimum height clearance of l3'6"
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6. All roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be sulfaced so as to provide all-weather driving capabilities.
7. The Fire Code Official is authorized to require lnore than one fire apparatus access road based on the potential for impairrnent of a single road by vehicle congestion, condition of tenain, climatic conditions or other factors that could limit access. Areas identified as "Fire Lanes" must be identified as such per requirements set forth in the California Vehicle Code.
8. All dead-end access roads in excess of 150 feet must be provided with an approved tum-around complying with City standards.
9. All buildings shall be provided with approved address identification. Numbers and letters shall be on contrasting backgrounds and be a minimum of 4" high.
Ryan Leonardo
Fire Marshal
October 22,2021
PASSED, APPROVED AND ADOPTED this twenty-fourfh day of October.
MbV the following recorded vote:
AYES;
NOES:
ABSENT: 0
ABSTAIN:
City of
SECRETARY
ng Commission
((u- I
CHUCK
City o Planning Commission
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Resolution 5435
Tentative Subdivision Map- 2022-22' Fulton Estates
EXHMIT D
PERSONAL GUARANTY
PERSONAL GUARANTY
THIS GUARANTY is given this 17th day of lune, 2025 by JAMES G. NUNLEY ("Guarantor") to the City of Tulare (*City") in order to induce City to execute that Deferred Improvement Agreement ("DIA") between City and Quest Equity LLC, a Nevada limited liability company ("Quest'), of equal date.
1. Guarantv.
(a) To the extent described herein, Guarantor unconditionally, absolutely, and irrevocably guarantees the performance of Quest's obligations under: (i) this DIA, including, without limitation, the duty to pay for Quest's fair share of the costs of Opening Day Improvements as that term is defined and that amount is calculated in the DIA; (ii) that Security Agreement ("securlty Agreemenf') executed by City and Quest concurrently herewith; and (iii) that Deed of Trust (defined below) executed by Quest concurrently herewith. Such obligations are collectively hereinafter refened to as "Quest's Liabilities." The terms of the DIA are incorporated herein by reference. The terms of this Guaranty in no way alter the terms of the DIA. Unless otherwise specified, capitalized terms in this Guaranty have the same meaning as they are defined in the DIA.
To the extent the terms of this Guaranty conflict with the terms ofthe DIA, the terms of the DIA shall prevail.
(b) Quest's Liabilities are primarily secured by this Guaranty and secondarily secured by real property ("security Property") pursuant to that Security Agreement and that Deed of Trust, each executed by City and Quest concurrently herewith. City's security interest in the Security Property shall be perfected by the Deed of Trust, which will be recorded against the Security Property. If Quest breaches the DIA, Guarantor will be personally liable for Quest's Liabilities up to five hundred thousand dollars ($500,000.00). If Quest's Liabilities exceed five hundred thousand dollars ($500,000.00) or if the City is unable to enforce this Guaranty due to Guarantor's insolvency, bankruptcy, or a similar event, then the City may enforce the Security Agreement. Prior to enforcing this Guaranty, the City shall first determine Quest's fair share of the costs of opening Day Improvements through a nexus study after the ISoAP is complete in accordance with Sections 3.03 and 4.04 of the DIA. (c) Guarantor's breach of this Guaranty shall automatically constitute a breach under the DIA.
(d) This is a continuing guaranty and shall remain in force and shall unconditionally guarantee Quest's Liabilities up to five hundred thousand dollars ($500,000.00).
I
(e)
(D
For purposes of Civil Code Section 2856, Guarantor expressly waives each of the following:
(i) Guarantor's rights of subrogation, indemnification, and contribution and any other rights and defenses that are or may become available to Guarantor by reason of Civil Code Sections 2787 to 2855, inclusive, or any other claim which he may now or hereafter have against Quest arising from the existence or performance of this Guaranty, until such time as all of Quest's Liabilities have been fully satisfied. In addition to, and not in substitution for, any other rights granted to City by this Guaranty, in the event that a bankruptcy court determines that any monies paid by Quest to City are avoidable preferences because they were made for the benefit of Guarantor, then Guarantor shall indemniff and hold City harmless from any losses, including, but not limited to, all costs and expenses, including reasonable attorneys' fees, which City may incur as a result of such determination. (ii) All rights and defenses arising out of an election of remedies by City, even though that election of remedies, such as a nonjudicial foreclosure with respect to security for a guaranteed obligation, has destroyed Guarantor's rights of subrogation against the principal by the operation of Section 580d of the Code of Civil Procedure or otherwise.
(iiD Any rights or defenses Guarantor may have because Quest's Liabilities are also secured by the Security Property. These rights of defense include, without limitation, any rights of defense that are based upon, directly or indirectly, the application of Section 580a,580b, 580d, or726 ofthe Code of Civil Procedure to Quest's Liabilities.
Guarantor agrees that, from time to time, without notice to or further consent from Guarantor and without releasing or affecting his liability under this Guaranty, the time for payment or performance may be extended in whole or in part, any security may be exchanged, released, enforced, sold, leased or otherwise dealt with, subject to approval of the City and Quest, the provisions of the DIA may be canceled, compromised, modified, or waived, and any indulgence may be granted Quest, as City may determine in its sole discretion.
Guarantor waives and consents to the non-perfection, lapse, or disposition of or other dealing with any security interest or liens at any time granted to City as security for any of Quest's Liabilities.
2 (g)
(h) Subject to Section 3.05.E of the DIA and Section 1(p) of this Guaranty below (each addressing Guarantor's and Quest's rights to reimbursement), Guarantor will have no right to reimbursement or indemnity whatsoever and no right of recourse to or with respect to any assets or property of Quest unless and until Quest's Liabilities have been fully satisfied. (i)
0)
(k)
[Intentionally Deleted]
Guarantor agrees that, during the term of this Guaranty, he will retain sufficient unencumbered funds and/or assets to satisfr Quest's Liabilities' up to five hundred thousand dollars ($500,000).
(m) If, at any time, Quest or Guarantor become insolvent or make a general assignment, or if a petition in bankruptcy or any insolvency or reorganization proceedings are commenced by, against, or with respect to Guarantor or Quest, Guarantor's obligations with respect to Quest's Liabilities up to five hundred thousand dollars ($500,000) shall, at the sole option of City, become immediately due and payable without notice. (n) Quest's Liabilities shall, unless paid in full, survive any City action on any security, whether or not such action constitutes an election of remedies against Quest.
(o) This Guaranty cannot be terminated or changed verbally and no provision of this Guaranty may be modified or waived except in writing signed by City.
Should Guarantor breach this Guaranty before payment becomes due pursuant to Section l(b) above, Guarantor shall be immediately obligated to pay five hundred thousand dollars ($500,000.00) to city, which city will hold in trust in an interest bearing account and apply toward Quest's Liabilities. Upon full satisfaction of Quest's Liabilities, City will refund to Guarantor any funds received by City pursuant to this subsection, plus interest, that are not utilized by City to satisff Quest's Liabilities; payment from City to Guarantor shall occur within forty-five (45) calendar days of [Intentionally Deleted]
If any payment received by City from any source on the account of Quest's Liabilities is set aside or required to be repaid, whether in any bankruptcy proceeding or otherwise, the terms of this Guaranty will remain in fulI force and effect (or be reinstated) until City has received and retained full payment of all of Quest's Liabilities or the amount guaranteed hereunder, whichever is less; in such event, Guarantor will pay such amount upon demand.
0)
(p)
3 (q)
the date on which City determines that Quest's Liabilities have been fully satisfied.
Guarantor's obligations hereunder shall remain in full force and effect without regard to, and shall not be impaired or affected by, nor shall Guarantor or the Security Property be exonerated or discharged by, and Guarantor expressly waives all defenses based on, any of the following events:
(D Insolvency, bankruptcy, reorganization, affangement, adjustment, composition, assignment for the benefit of creditors, liquidation, winding up, dissolution of Quest;
(ii) Any limitation, discharge, or cessation of the liability of Quest due to any statute, regulation or rule of law, or any invalidity or unenforceability in whole or in part of the documents evidencing the Quest's Liabilities or any guaranty of Quest's Liabilities; (iii) [IntentionallyDeleted];
(iv) Any assignment or other transfer, in whole or in part, of Guarantor's interest in the Security Property or this Guaranty; (") Any claim, defense, counterclaim, or setoff, other than that of prior performance, which Quest or Guarantor may have or assert, including, but not limited to, any defense of incapacity or lack authority to execute any documents relating to the DIA or the Security Property;
(vi) Amendment or modification of the DIA, Security Agreement, or Deed of Trust;
(vii) City's exercise or non-exercise of any power, right, or remedy with respect to the DIA or the Security Property, including but not limited to City's compromise, release, settlement, or waiver with or of Quest or the Security Property or Lender's compromise, extension, acceleration or other change in time of performance and or any other terms of the DIA, the Security Agreement, or the Deed of Trust;
(viii) City's vote, claim, distribution, election, acceptance, action, or inaction in any bankruptcy case related to Quest, Guarantor, or the Security Property;
(ix) Any impairment of the Security Property or invalidity of, or failure to perfect Lender's security interest in Security Property; 4 (x) City's foreclosure, judicially or nonjudicially, upon the Security Property, or acceptance of any assignment or deed in lieu of foreclosure, or exercise of any other remedy against Quest or the Security Property, even though any rights Guarantor may have to seek reimbursement or other recovery from Quest or any other person may be eliminated thereby.
2. Substitute Securitv. The parties acknowledge and agree that, as of the Effective Date of the DIA, it was not possible to identiff the extent of Quest's Liabilities as Quest's fair share of the costs of Opening Day Improvements are to be determined. The parties understand, acknowledge, and agree that this determination will, at a minimum, require completion of the ISOAP and fair share nexus study in accordance with the Mitigation Fee Act, the Subdivision Map Act, the Fifth Amendment to the United States Constitution, and the United States Supreme Court's decision in Sheetz v. County of El Dorado (202D 601 U.S. 267). Quest's Liabilities are secured primarily by this Guaranty and secondarily by the Security Agreement, perfected by the Deed of Trust, as set forth in the Section 3.05 of the DIA. After the City determines Quest's fair share of costs of Opening Day Improvements, Quest or Guarantor may elect to provide the City with substitute security, such as a cash payment, in a form reasonably acceptable to the City.
3. Termination of Guarantv. This Guaranty shall automatically terminate after the earliest of any of the following events: (i) Caltrans approves and accepts all Opening Day Improvements and Quest pays remaining Quest Liabilities, if any, that are owed by Quest to the City under the DIA, the Security Agreement, or the Deed of Trust; (ii) the ISOAP determines no improvements are required and Quest pays remaining Quest Liabilities, if any, that are owed by Quest to the City under the DIA, the Security Agreement, or the Deed of Trust, and the Deed of Trust; or (iii) Developer provides the City with substitute security acceptable to the City in an amount sufficient to pay Quest's fair share of the costs of Opening Day Improvements and Quest pays remaining Quest Liabilities, if any, that are owed by Quest to the City under the DIA, the Security Agreement, or the Deed of Trust. The parties agree Quest's Liabilities shall not exceed Quest's fair share of the costs of Opening Day Improvements unless the City has provided written notice to Guarantor of a default that resulted in additional costs for the City, and Quest or Guarantor have failed to cure the default within the time period allowed by the DIA, Security Agreement, or this Guaranty. The City Manager shall execute the documents needed to confirm the automatic termination of this Guaranty within thirty (30) days of written notification that any ofthese events have occurred.
4. Waivers. Guarantor waives:
(a) The right to require City to: (i) proceed against Quest; and (ii) pursue other remedies that may be available to City.
(b) The right to enforce any remedies that City has or may later obtain with respect to Quest.
Any right to partioipate in any security now or later provided to City by Quest.
5 (c)
(d) All presentments, demands for performance, notices of nonperformance, protest, notices ofprotest, notices ofdishonor, and notices ofacceptance of this Guaranty.
5. Subordipation. All present and future obligations of Quest to Guarantor are hereby subordinated in right and time to the Quest Liabilities owed to City. Guarantor will not assert, collect, enforce, or release any obligations owing to Guarantor by Quest or take any action to foreclose, enforce, or release any real or personal property security for such indebtedness without the prior written consent of City. So long as there remain unsatisfied Quest Liabilities and, if City so requests, in the event Guarantor receives any payment from Quest for any indebtedness owing to Guarantor, Guarantor will hold the same in trust for City any such payment received. In the event any case is commenced by or against Quest under any bankruptcy act or code, City may, in its sole discretion, enforce this subordination section by receiving any distribution which would otherwise go to Guarantor in or pursuant to said case, by exercising any right to vote which Guarantor may have in said case, and by filing any claim which Guarantor would be entitled to file in his own name. Guarantor agrees to not file a claim or propose a plan in any such case without the prior written consent of City. These subordination provisions shall remain in effect until the Quest Liabilities are fully satisfied.
6. Default.
(a) Any of the following events will be an "Event of Default":
(i) Any failure by Guarantor to perform or observe any covenants or conditions contained in this Guaranty, including, without limitation, the payment of any amount required hereunder.
(ii) Any failure by Quest to perform or observe any covenants or conditions contained in DIA.
(iii) The falsity of any representation made by Guarantor of Guarantor's obligations given by Guarantor to city as a basis for this Guaranty. (iv) The Security Property is subject to foreclosure by a party holding a security interest senior to City's interest or is levied upon under any legal or govemmental process.
(v) Quest or Guarantor becomes insolvent or is the subject of a petition in bankruptcy, either voluntary or involuntary, or in any other proceeding under the federal bankruptcy laws; or makes an assignment for the benefit of creditors; or if Guarantor is named in, or the Security Property is subjected to, a suit for the appointment ofa receiver.
(vi) Guarantor dies.
6 7
(vii) [IntentionallyDeleted]
(viii) [IntentionallyDeleted]
(ix) Any action for collection of a debt is commenced against Guarantor, and any of the following occur:
(l) Entry ofjudgment against Guarantor.
(2) Issuance of a writ of attachment, order of gamishment, order or subpoena in supplementary proceedings, execution, or similar process against Guarantor.
(3) A receiver is appointed for Guarantor.
(x) Quest sells, transfers, conveys, or further encumbers the Security Property.
(b) Upon written notification from the City of the occurrence of an Event of Default, Guarantor or Quest, as applicable, shall have thirty (30) days to cure the default. If the default is not cured within thirty (30) days or if Guarantor or Quest, as applicable, are not making diligent progress towards curing a default that cannot reasonably be cured within thirty (30) days' Quest shall automatically be deemed in default under the DIA. (c) The waiver of any default hereunder by City shall not be a waiver of any subsequent default.
(d) No remedy is exclusive of any other remedy and remedies available to City are cumulative and in addition to every other remedy given under this Guaranty or any other agreement between Guarantor and City or which exist at law or in equity. City will be entitled to an injunction or decree ofspecific performance to enforce any or all of its rights and remedies under this Guaranty and Guarantor waives any requirements for the posting of bond or other security in connection with any such injunction or decree.
Effects of Transfer. This Guaranty shall not be affected by the sale, transfer, or conveyance of the Security Property.
Effects of Delav. This Guaranty will not be affected by City's failure or delay in enforcing the rights identified herein.
Limitatlon on Actions. A separate action or actions may be brought and prosecuted by City against Guarantor or with respect to this Guaranty, whether or
8. 9
7 10
1l
t2.
l3
not an action is brought against Quest or whether Quest is joined in any such action or actions.
Attorneyts X'ees. In the event of any action between City and Guarantor seeking enforcement of any of the terms and conditions of this Guaranty, the prevailing party in such action shall be awarded, in addition to damages, injunctive or other relief, its reasonable costs and expenses, including, but not limited to, costs and reasonable attorneys' fees.
Notices. All notices under this Guaranty shall be in writing and will be given by personal delivery; or by registered or certified U.S. mail, postage prepaid, retum receipt requested; or by a nationally recognized overnight delivery service that issues a receipt and addressed to the appropriate party at the address set forth below. Notice given: (a) by personal delivery will be effective upon delivery; (b) by mail will be effective upon receipt or three (3) calendar days after the postmark date, whichever is earlier; and (c) by overnight service will be effective on the date of receipt.
Notices submitted to City shall be sent to:
City of Tulare
4l I East Kern Avenue
Tulare, CA93274
Attention: Marc Mondell, City Manager
Notices submitted to Nunley shall be sent to:
James G. Nunley
1878 North Mooney Boulevard, Suite J
Tulare CA93274
Any party to this Guaranty may change the address to which notices may be sent by giving notice of such change in accordance with the provisions of this section.
Blndine Effect. This Guaranty shall be binding upon the successors, heirs, assigns, and executors of Guarantors and the trustees of any trust established by Guarantors.
Countefqarts. This Guaranty may be executed in any number of counterparts, and each such counterpart shall be deemed to be an original instrument, but all of which together shall constitute one and the same instrument.
Sgyerabllitv. The provisions of this Guaranty shall be deemed independent and several and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or the enforceability of any other provision hereof, and this Guaranty shall be construed as if such 8 t4.
15. 16.
Dated: June 17,2025
Dated: June17,2025
GUARANTOR
James G. Nunley
unenforceable provision had not been contained herein. As used herein the term 'trnenforceable" is used in its broadest and most comprehensive sense and includes the concepts of void and voidable.
Sole and Onlv Asreement. This instrument and the documents that the parties sign concunently herewith constitute the sole and only agreement between the parties respecting the personal guaranty offered by Guarantor. Except as otherwise provided, any prior agreements, promises, negotiations, or representations concerning the subject matter of this Guaranty not expressly set forth hereinabove will have no force or effect. Except as otherwise provided herein, any amendment or modification of this Guaranty shall be effective only if done in writing and signed by both parties.
Venue. In the event of a lawsuit to enforce or interpret this Guaranty, such lawsuit must occur in and be heard by the California Superior Court for Tulare County, if in state court, or the United States District Court for the Eastern District Court in Fresno, California, if in federal court.
IN WITNESS WHEREOF, the parties hereto have executed this Guaranty at Tulare, Tulare County, Califomia.
CITY
City of Tulare
By:
PATRICK ISHERWOOD
President of the Council and Ex-Officio Mayor
JAMES G. NUNLEY
9 EXHIBIT E
LEGAL DESCRIPTION
PARCEL 1:
THE REMAINDER PORTION OF PARCEL MAP NO. 5423, IN THE COI,JNTY OF TIILARE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 55, PAGE 3I OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 2:
A RIGHT OF WAY AND EASEMENT FOR THE CONSTRUCTION,
MAINTENANICE, OPERATION AND USE OF AN IRRIGATION CANIAL OVER, ACROSS ANID UPON THE WEST 20 FEET AND THE WEST 220 FEET OF THE SOUTH 20 FEET OF THOSE CERTAIN PARCELS OF REAL PROPERTY,
SITUATE IN THE COUNTY OF TULARE, STATE OF CALIFORMA,
DESCRIBED AS:
TI{E GOVERNMENT FRACTIONAL EAST HALF OF THE SOUTHEAST
QUARTER OF SECTION 6, TOWNSHIP 20 SOUTH, RANGE 25 EAST, M. D. B. &M., EXCEPTING THEREFROM THE NORTH 3.30 ACRES THEREOF.
THAT PART OF LOTS t AI.ID 2 OF THOMAS TWADDLE'S SUBDryISION OF SECTION 5, TOWNSHIP 20 SOUTH, RAl.lGE 25 EAST, M. D. B. &M., DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 2 AND
RUNNING THENCE WEST ALONG THE NORTH LINE OF SAID LOT, 8.23 CHAINS; THENCE SOUTH PARALLEL WITH THE EAST LINE OF SAID LOT 2,
28.24 CHAINS TO THE CENTER OF TIIE COLTNTY ROAD; THENCE EAST ALONG THE CENTER OF SAID ROAD, 1.73 CHAINS; THENCE NORTH 32' EAST 12.60 CHAINS A}.ID THENCE NORTH 2I/2O EAST 17.64 CHAINS TO THE POINT OF BEGINNINC.
EXHIBIT F
SECT]RITY AGREEMENT
SECURITY AGREEMENT
THIS AGREEMENT is made by and between the City of Tulare ("SECURED PARTY") and Quest Equity LLC, a Nevada limited liability company ("QUEST"), and, in order to induce City's execution of that Deferred Improvement Agreement (*DIA") between the SECURED PARTY and QUEST of equal date, the parties agree to the terms set forth herein. The terms of DIA are also incorporated herein by reference. The terms of this Agreement in no way alter the terms of the DIA. Unless otherwise specified, capitalized terms in this Agreement have the same meaning as they are defined in the DIA. To the extent the terms of this Agreement conflict with the terms of the DlA, the terms of the DIA shall prevail.
Securitv Interest.
(a) QUEST hereby grants to SECURED PARTY, and SECURED PARTY hereby accepts from QUEST, a security interest in that real property ("Real Property") more particularly described in the attached Exhibit "A," which is incorporated herein by reference.
(b) Within fifteen (15) calendar days of the parties' execution of this Agreement, QUEST will pay any property taxes on the Real Property that are outstanding as of the Effective Date of the DIA and cause First American Title Company ("Escrow Holder') (Escrow No. 7282335) to issue to SECURED PARTY a condition of title guaranty ("Titte Reporf') for the Real Property reflecting security interests and encumbrances recorded against the property and QUEST represents to SECURED PARTY that, to the best of QUEST's actual knowledge, the Title Report will identi$ all existing security interests and encumbrances affecting the property.
QUEST acknowledges that SECURED PARTY will rely upon the Title Report and QUEST's representations herein regarding the accuracy of the Title Report in City's execution of the DIA and this Agreement. SECURED PARTY may terminate this Agreement and the DIA if it finds the Title Report to be unacceptable by providing written notice to QUEST within seven (7) calendar days of SECURED PARTY's receipt of the Title Report.
(c) QUEST represents to SECURED PARTY that the value of QUEST's equity in the Real Property exceeds one million dollars ($1,000,000.00). Concunent with the parties' execution of this Agreement, QUEST will provide to SECURED PARTY a true and correct copy of the most recent tax bill received by QUEST for the Real Property that reflects the Real Property's assessed value. (d) QUEST will deposit with Escrow Holder within fifteen (15) calendar days of the parties' execution of this Agreement an estoppel certificate ("Estoppel Certilicate") executed by each party holding a security interest in the Real Property, and Escrow Holder will promptly release each Estoppel Certificate to SECURED PARTY. QUEST represents that, to the best of its actual knowledge,
2. each Estoppel Certificate will be duly executed by parties holding security interests in the Real Property, and QUEST acknowledges that SECURED PARTY, in its execution of the DIA and this Agreement, is relying upon the Estoppel Certificates and QUEST's representations regarding the Estoppel CertificatesSECURED PARTY may terminate this Agreement and the DIA if it finds an Estoppel Certificate to be unacceptable by providing written notice to QUEST within seven (7) calendar days of SECURED PARTY's receipt of the Estoppel Certificate from Escrow Holder.
(e) QUEST's performance under the DIA and this Security Agreement are primarily guaranteed by James G. Nunley, QUEST's member-manager ("Nunley"), through that Personal Guaranty ("Personal Guaranty") executed concurrently herewith.
The terms of the Personal Guaranty are incorporated herein by reference.
Oblieatio! Secured. The security interest created by this Agreement shall attach immediately upon QUEST's signature of this Agreement. This Agreement secures the following:
(a) QUEST's fair share of the costs of Opening Day Improvements as that term is defrned and that amount is calculated in the DIA ("Quest's Llabilities"); and (b) Other amounts owed by QUEST to City under the DIA, this Agreement, or the Deed of Trust; and
(c) Costs and expenses, including, without limitation, court costs and attomeys' fees, incurred by SECURED PARTY in taking possession of, repairing, maintaining, caring for, preparing for sale, and selling the Real Property, which actions may occur as a result of QLJEST's breach of the DIA, the Security Agreement, or the Deed of Trust.
QUEST's obligations secured hereunder are hereinafter collectively referred to as the "secured Obligations." The parties agree that the Secured Obligations shall not exceed Quest's Liabilities unless SECURED PARTY has provided written notice to QUEST of a default that resulted in additional costs for SECURED PARTY, and QUEST or Nunley have failed to cure the default within the time period allowed by the DIA, the Personal Guaranty, or this Agreement
The Secured Obligations are primarily secured by the Personal Guaranty and secondarily secured this Agreement and Deed of Trust. SECURED PARTY shall not enforce this Agreement nor foreclose upon the Deed of Trust unless QUEST is in breach of the DIA and either: (i) the Secured Obligations exceed five hundred thousand dollars ($500,000.00); or (2) SECURED PARTY is unable to enforce the Personal Guaranty due to Nunley's insolvency, bankruptcy, or a similar event. Prior to enforcing this Agreement or foreclosing upon the Deed ofTrust, the SECURED PARTY shall determine Quest's Liabilities through 2 a nexus study after the ISOAP is complete in accordance with Sections 3.03 and 4.04 of the DIA.
3. OUEST Oblisations.
(a) To perfect SECURED PARTY's security interest in the Real Property, QUEST will, concunently with its execution of this Agreement, execute a Deed of Trust ("Deed of Trusf') in a form substantially similar to the attached Exhibit "B," which is incorporated herein by reference. The terms of this Agreement do not supersede or modify the terms of the Deed of Trust. QUEST will execute any additional documents and will take any further action reasonably requested by SECURED PARTY to evidence or perfect the security interest granted herein and which may be required to maintain the priority of SECURED PARTY's security interest in the Real Property.
(b) QUEST will render timely payment and perform obligations owed to all parties holding security interests in the Real Property to avoid default while this Agreement remains in effect.
(c) QUEST will, at its sole expense, timely pay all property taxes and other assessments levied against the Real Property.
(d)
(e)
[Intentionally Deleted]
QUEST will, at its sole expense, defend the Real Property against the claims and demands of all persons.
(f) QUEST will not permit any new security interests or encumbrances, other than SECURED PARTY's security interest, to attach to the Real Property without SECURED PARTY's consent or allow the Real Property to be levied upon under any legal process.
(g) QUEST will, at its sole expense, preserve and maintain the Real Property in the same condition executed on the parties' execution of this Agreement, reasonable wear and tear excepted.
(h) QUEST will permit SECURED PARTY to inspect and examine the Real Property at any time during regular business hours.
(i) [Intentionally Deleted]
QUEST shall never use the Real Property in a manner that will result, or likely to result, in waste or unreasonable deterioration;
0)
3 4,
(k) QUEST will not use the Real Property or allow the Real Properly to be used in any manner that violates any applicable [aw, rule, regulation, or ordinance; and Actions bv SECURED PARTI.
(a) If after written notice of default from SECURED PARTY and expiration of the applicable period to cure set forth in Section 7 of this Agreement QUEST fails to pay any amounts or undertake action necessary to preserve, maintain, and protect the Real Property, including, without limitation, payment of an amount owing to a secured party holding an interest that is senior to SECURED PARTY, SECURED PARTY may, but will not be required to, undertake the necessary action and/or render payment that, in SECURED PARTY's opinion, is necessary to preserve, maintain, and protect the Real Property. Any costs incuned by SECURED PARTY and any payments made by SECURED PARTY pursuant to this Section 4 shall be secured by this Agreement and shall be immediately due and payable by QUEST to SECURED PARTY. SECURED PARTY may exercise its rights under this subsection (a) notrvithstanding the provisions of Section 2 above. Within thirty (30) calendar days of QUEST's receipt of SECURED PARTY's written demand for payment, QUEST shall fully reimburse SECURED PARTY for any amount advanced by SECURED PARTY pursuant to this Agreement, the DIA, or the Deed of Trust.
(b) [Intentionally Deleted]
(c) [Intentionally Deleted]
Substitute Securitv. The parties acknowledge and agree that, as of the Effective Date of the DIA, it was not possible to identify the extent of the Secured Obligations as Quest's Liabilities, which consist of Quest's fair share of the costs of Opening Day Improvements, are to be determined. The parties understand, acknowledge, and agree that this determination will, at a minimum, require completion of the ISOAP and fair share nexus study in accordance with the Mitigation Fee Act, the Subdivision Map Act, the Fifth Amendment to the United States Constitution, and the United States Supreme Court's decision in Sheetz v. County of El Dorado (2024) 601 U.S. 267).The Secured Obligations are secured primarily by the Personal Guaranty and secondarily by this Agreement, perfected by the Deed of Trust, as set forth in Section 3.05 of the DIA. After the City determines Quest's Liabilities, QUEST may elect to provide the SECURED PARTY with substitute security for the Secured Obligations, such as a cash payment, in a form reasonably acceptable to the SECURED PARTY.
Termination of Aereement. This Agreement shall automatically terminate after the earliest of any of the following events: (i) Caltrans approves and accepts all Opening Day Improvements and QUEST pays remaining Secured Obligations, if any, that are owed by QUEST to the SECURED PARTY under the DIA and this Agreement; (ii) the ISOAP I
5. 6
determines no improvements are required and QUEST pays remaining Secured Obligations, if any, that are owed by QUEST to the SECURED PARTY under the DIA and this Agreement; or (iii) QUEST provides the SECURED PARTY with substitute security acceptable to the SECURED PARTY in an amount sufficient to pay for Quest's Liabilities and QUEST pays remaining Secured Obligations, if any, that are owed by QUEST to the SECURED PARTY under the DIA and this Agreement. The City Manager shall execute the documents needed to confirm the automatic termination of this Agreement and removed the Deed of Trust from title to the Real Property within thirty (30) days of written notification that any of these events have occurred.
7. Default.
(a) Any of the following events will be an "Event of Default":
(i) Any failure by QUEST to pay when due any amount secured by this Agreement.
(ii) Any failure by QUEST to perform or observe any covenants, condition, or agreement contained herein, in the DIA, or in the Deed of Trust. (iii) Foreclosure upon the Real Property by a party holding a security interest senior to Secured Party's interest or the Real Property is levied upon under any legal or governmental process.
(iv) [Intentionally Deleted]
QUEST sells, transfers, conveys, or further encumbers the Real Property without SECURED PARTY's consent.
(v)
(vi) Nunley's breach of the Personal Guaranty.
(vii) If, at any time, QUEST or Nunley becomes insolvent or makes a general assignment or if a petition in bankruptcy or any insolvency or reorganization proceedings are commenced by, against, or with respect to Nunley or QUEST.
O) If QUEST is deemed in default hereunder: (i) QUEST shall automatically be deemed in default under the DIA and the Deed of Trust regardless of the terms thereot and (ii) Nunley will be automatically deemed in default under the Personal Guaranty regardless of the terms thereof.
(c) The waiver of any default hereunder by SECURED PARTY shall not be a waiver of any subsequent default.
5 (d) Upon written notification from the SECURED PARTY of the occurrence of an event of default, QUEST shall have thifly (30) days to cure the default. Ifthe default is not cured within thirty (30) days or if QUEST is not making diligent progress towards curing a default that cannot reasonably be cured within thirly (30) days, QUEST shall automatically be deemed in default under this Agreement. After an uncured default and subject to the limitations in Section 2 above, SECURED PARTY may, at its sole discretion, foreclose upon the Deed of Trust through a private trustee's sales or judicial foreclosure.
(e) SECURED PARTY will apply the proceeds following sale or other disposition of the Real Property in the following order:
(D To SECURED PARTY, the reasonable expenses of enforcing this Agreement and the Personal Guaranty, including, without limitation, costs of foreclosure proceedings, reasonable attomeys' fees and legal costs, and expenses arising through such efforts;
(ii) To SECURED PARTY, the satisfaction of indebtedness secured by the security interest granted in this Agreement;
(iiD To the holder of a subordinate security interest in the collateral, but only if written notification ofdemand therefor is received before distribution of the proceeds is completed by SECURED PARTY. If requested by the SECURED PARTY, the holder of such subordinate security interest must reasonably furnish proof of his security interest to SECURED PARTY, and unless he does so, SECURED PARTY need not comply with his demand; (iv) To the holder of a senior security interest in the Real Property. If requested by the SECURED PARTY, the holder of such senior security interest must reasonably fumish proof of its security interest to SECURED PARTY, and unless it does so, SECURED PARTY need not comply with its demand; (iv) To QUEST, any surplus.
(0 No remedy is exclusive of any other remedy, and remedies available to SECURED PARTY are cumulative and in addition to every other remedy given under this Agreement or any other agreement between QUEST and SECURED PARTY or which exist at law or in equity. SECURED PARTY will be entitled to an iqiunction or decree of specific performance to enforce any or all of its rights and rernedies under this Agreement, and QUEST waives any requirements for the posting of bond or other security in connection with any such injunction or decree. (g) QUEST waives any rights or defenses QUEST may have because the obligation -
owed to City is secured by the Real Property. Such rights and defenses include, 6 without limitation, any rights or defenses that are based upon, directly or indirectly, the application of Section 580a, 580b, 580d, or 726 of the Code of Civil Procedure. 9 8 Waivers. The waiver of any default hereunder shall not be a waiver of any subsequent default.
Assisnment.
(a) SECURED PARTY may assign its rights under this Agreement and the security interest created by this Agreement. Should SECURED PARTY assign its rights under this Agreement orthe security interest created by this Agreement, SECURED PARTY's assignees will be entitled, on written notice of the assignment being given by SECURED PARTY to QUEST, to all performance required of QUEST by this Agreement and all payments and monies secured by this Agreement.
QUEST will not be relieved of any obligations by SECURED PARTY's assignment of its rights hereunder. QUEST will not assert any defense, offset, or counterclaim against any assignee of SECURED PARTY's interest exceptdefenses which cannot be statutorily waived.
(b) QUEST may not assign its rights or obligations hereunder to a third party without SECURED PARTY's prior written consent, which may be withheld in SECURED PARTY's sole discretion.
Notices. All notices under this Agreement will be in writing and will be given by personal delivery; or by registered or certified U.S. mail, postage prepaid, return receipt requested; or by overnight delivery service that issues a receipt and addressed to the appropriate party as the address set forth below. Notice given (a) by personal delivery will be effective upon delivery, 0) by mail will be effective upon receipt or ttree (3) calendar days after the postmark date, whichever is earlier; and (c) by overnight service will be effective on the date of receipt.
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Notices submitted to SECURED PARTY shall be sent to:
City of Tulare
4l I East Kem Avenue
Tulare, C493274
Attention: Marc Mondell, City Manager
Notices submitted to QUEST shall be sent to:
Quest Equity LLC
1878 North Mooney Boulevard, Suite J
Tulare C493274
7 ll.
t2,
13. t4
15. 16.
t7
l8
Any party to this Agreement may change the address to which notices may be sent by giving notice of such change in accordance with the provisions of this Section.
Time of Essence, Time is hereby expressly declared to be of the essence of this Agreement.
Term of Asreement. Subject to Section 6 above (regarding events that trigger automatic termination of this Agreement), this Agreement will remain in effect until Quest's obligations under the DIA are fully satisfied and until QUEST has performed all obligations required under this Agreement.
Bindine on Successo{s and Assisns. This Agteement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties.
Sole and Only Agreement. This instrument and the documents that the parties executed concurrently herewith constitute the sole and only agreement between the parties respecting the security interest in the Real Property created by this Agreement. This instrument correctly sets forth the rights, duties, and obligations of each party to the other party with respect to the Real Properly and the security interest hereby created in the Real Property as of this date. Any prior agreements, promises, negotiations, or representations concerning the subject matter of this Agreement not expressly set forth hereinabove shall have no force or effect. Except as otherwise provided herein, any amendment or modification of this Agreement shall be effective only if done in writing and signed by both parties.
Governins lr.aw. This Agreement shall be deemed to have been entered into in the State of California and shall be govemed by the laws of the State of California.
Venue. In the event of a lawsuit to enforce or interpret this Agreement, such lawsuit must occur in and be heard by the California Superior Court for Tulare County, if in state court, or the United States District Court for the Eastern District Court in Fresno, Califomia, if in federal court.
Severabilltv. The provisions of this Agreement shall be deemed independent and several and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or the enforceability of any other provision hereof, and this Agreement shall be construed as if such unenforceable provision had not besn contained herein. As used herein the term "unenforceable" is used in its broadest and most comprehensive sense and includes the concepts of void and voidable.
Attornev's Fees. In the event of any action between SECURED PARTY and QUEST seeking enforcement of any of the terms and conditions of this Agreement, the prevailing party in such action shall be awarded, in addition to damages, injunctive or other relief, its 8 reasonable costs and expenses, including, but not limited to, costs and reasonable attorneys' fees.
IN WITNESS WHEREOF, QUEST and SECURED PARTY have caused this Agreement to be executed at Tulare, Tulare County, California.
s4qu_REp PARTY
City of Tulare
Dated: June 17,2025 By:
PATRICK ISHERWOOD
President of the Council and Ex-Officio Mayor
ouEsT
Quest Equity LLC
Dated: June 17,2A25 By:
JAMES G. NUNLEY
Member-manager
9 EXHIBIT 6'A''
REAL PROPERTY LEGAL DESCRIPTION
PARCEL 1:
THE REMAINDER PORTION OF PARCEL MAP NO. 5423, IN THE
COI.JNTY OF TULARE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 55, PAGE 3I OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COIjNTY.
PARCEL 2:
A RIGHT OF WAY AND EASEMENT FOR THE CONSTRUCTION,
MAINTENANCE, OPERATION AND USE OF AN IRRIGATION CANAL
OVER, ACROSS AND UPON THE WEST 20 FEET AND THE WEST 220 FEET OF THE SOUTH 20 FEET OF THOSE CERTAIN PARCELS OF REAL
PROPERTY, SITUATE IN THE COUNTY OF TULARE, STATE OF
CALIFORNIA, DESCRIBED AS:
THE GOVERNMENT FRACTIONAL EAST HALF OF THE SOUTHEAST
QUARTER OF SECTION 6, TOWNSHIP 20 SOUTH, RANGE 25 EAST, M.
D. B. &M., EXCEPTING THEREFROM THE NORTH 3.30 ACRES
THEREOF.
THAT PART OF LOTS I AND 2 OF THOMAS TWADDLE'S
SUBDIVISION OF SECTION 5, TOWNSHIP 20 SOUTH, RANGE 25 EAST, M. D. B. &M., DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 2 AND
RUNNINC THENCE WEST ALONG THE NORTH LINE OF SAID LOT,
8.23 CHAINS; THENCE SOUTH PARALLEL WITH THE EAST LINE OF SAID LOT 2,28.24 CHAINS TO THE CENTER OF THE COUNTY ROAD; THENCE EAST ALONG THE CENTER OF SAID ROAD, I.73 CHAINS; THENCE NORTH 32' EAST 12.60 CHAINS AND THENCE NORTH 2 L/2" EAST 17.64 CHAINS TO THE POINT OF BEGINNING.
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EXHIBIT "B'
DEED OF TRUST
ll
RECORDTNG REQUESTED BY &
WHEN RECORDED RETURN TO:
TY N. MIZOTE
Grlswold, LaSalle, Cobb,
Dowd & Gin LLP lll E. Seventh Street
Hanford, CA 93230
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SHORT FORM SECOND DEEII OF TRUST AND ASSIGNMENT OF
A.P.N. t72-030-047
(rNDrvrDUAL)
THIS SECOND DEED OF TRUST, made this 17th day of June, 2025, between QUEST EQUITY LLC' a Nevada timited liability company, hereln called TRUSTO& and FIRST AMERICAI{ TITLE COMPAI\IY, herein called TRUSTEE, and THE CITY OF TULARE, herein called BENEFICIARY,
Witnesseth: That TrustoT IRREVoCABLY GRANTS, TRANSFERS AND ASSIGNS TO TRUSTEE IN.TRUST, WITH POWER OF SALE, that property ("Real Property") in the City of Tulare, Tulare County, California, described as:
PARCEL 1:
THE REMAINDER PORTION OF PARCEL MAP NO. 5423,IN THE COUNTY OF TULARE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 55, PAGE 3I OF PARCEL MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 2:
A NGHT OF WAY AND EASEMENT FOR THE CONSTRUCTION, MAINTENANCE, OPERATION AND USE OF AN IRRIGATION CANAL OVER, ACROSS AND t PON THE WEST 20 FEET Al.lD THE WEST 220 FEET OF THE SOUTH 20 FEET OF THOSE CERTAIN PARCELS OF REAL PROPERTY, SITUATE IN THE COUNTY OF TULARE, STATE OF CALIFORNIA, DESCRIBED AS:
THE GOVERNMENT FRACTIONAL EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 20 SOUTH, RANGE 25 EAST, M. D. B. &M., EXCEPTING THEREFROM THE NORTH 3.30 ACRES THEREOF.
THAT PART OF LOTS I AND 2 OF THOMAS TWADDLE'S SUBDIVISION OF SECTION 5, TOWNSHIP 20 SOUTH, RANGE 25 EAST, M. D. B. &M., DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 2 AND RUNNING THENCE WEST ALONG THE NORTH LINE OF SAID LOT, 8.23 CHAINS; THENCE SOUTH PARALLEL WITH THE EAST LINE OF SAID LOT 2,28.24 CHAINS TO THE CENTER OF THE COI,NTY ROAD; THENCE EAST ALONG THE CENTER OF SAID ROAD, 1.73 CHAINS; THENCE NORTH 32o EAST 12.60 CHAINS AND THENCE NORTH 2 I/2" EAST 17.64 CHAINS TO THE POINT OF BEGINNING.
TOGETHER WITH the rents, issues and profits thereof
For the Purpose of Securing: l. Perfolmance of that De-ferred Improvement Agreement ('DIA") between the BENEFICIARY and TRUSTOR, dated June 17,2025, which is incorporated herein by reference; and 2, Payment of any amount that TRUSTOR owes or may come to owe to BENEFICIARY under the DIA; and
3. Costs and e*pins"., including court costs and attorneys' fees, incuned by Beneficiary in taking possession of, repairing, maintaining, iaring for, prepaiing for sale, and selling the Real Property, which actions may occur as a result of Developer's breach of the DIA.
This Deed of Trust is executed pursuant to that Security Agreement ("security Agreement') executejl by_ TRUSTOR .and BENEFICTARY of even date. The terms of the Security Agreement are incorporated herein by reference. TRUSTOR's breach of DIA or Security Agteement shall be deemed a breach under this Deed of Trust. Similarly, TRUSTOR's breach of this Deed of Trust shall be deemed a breach of the DIA and Security Agreement.
TRUSTOR's obligations under the DIA are personally guaranteed by James G. Nunley ('Nunley') pursuant to that Personal Guaranty ("Personal Guaraity') of even date. The terms of thelersonal Gubranty are incorporated herein by reference._ NunJey'9 breach of the Personal Guaranty shall automatically be deemed a breach under this Deed of Trust, the DIA, and the Security Agreement.
Similarly, a breach of this Deed of shall be deemed a breach of the Personal Guaranty.
TRUSTOR shall be deemed in breach of this Deed of Trust if TRUSTOR or Nunley shall, at any time, become insolvent or make a general assignment or if a petition in bankruptcy or any insolvency or reorganization proceedings shall be commenced by, against, or with respect to TRUSTOR or Nunley.
To Protect the Security of This Second Deed of Trust, Trustor Agrees:
By the execution and delivery of this Second Deed of Trust, that provisions (l) to (14), inclusive, gf the fictitious deed of trust recorded in Santa Barbara Cointy and Sonoma County October 18, [96], and in all other counties October 23,1961, in the book and at the page of Offrcial Records in the office of the county recorder where said property is located, noted below opposite the name of such county, viz:
County Book Page CountY Book Page
County
Alameda
Alplno
Amador
Butto
Calaverag
Coluaa
Contra Cosia
Del Norte
El Dorado
Fresno
Glenn
Humboldt
lmperlal
lnyo
Kern
Klngs
Lake
Lassen
Los Angeles
Madera
Marln
Marlposa
Mendoclno
Merced
Modoc
Mono
Monterey
Napa
Nevada
Orange
Placer
Plumas
Rlverslde
Sacramento
San Benlto
San Bsrnardlno
San Franclsco
$an Joaquln
San Dlego so.i*
Santa Clara
Slerra
Sloklyou40S
Solano
Sonoma
Stanlslauc
Suttor
Tehama
Trlnlty
Tulare
Tuolumne
Ventura
Yolo
Yuba
341
335
182
689
456
297
289
366
275
47 380
245
486
5336
29 181
tt05
1851
1715
572
401
93 2294
135
2082
653
334
170
339
292
530
538
851
425
538
86 320
6fi
301
5 523
62 383
61 905
31r
Page
684
250
3'08
1 152
617
47 414
456
572
184
527
s01
598
60 833
39 471
899
Book
435
I
104
1145
1'05
296
3978
78 508
4626
422
657
1091
117
3127
792
362
171
T2055
810
1508
77 579
1il7
184
52 2194
039
305
5889
895
151
3005
4331
271
5567
A332
2470
12 420
860
454
528
San Luls Oblspo 1151
San Matoo 4078
Santa Barbara 1878
Santa Cruz 1431 Shasta 684
I B@l 1961, P.8c ltlE87
which provisions, identical in all counties, furinted on the attached unrecorded pages) are hereby are adopted and incorporated.herein and made a part hereof as though fully sel iorth herein at length; that Trustor will observe-and p-erform said prwisions; and that the references t6 property, obligations and parties in said provislons shall be construed to refer to the property, obligations and parties set forth in this Second Deed of Trust.
The undersigned Trustor requests that a copy of any Notice of Default and of any Notice of Sale hereunder be mailed to it at its address hereinbefore set forth.
Dated: June 17,2025
OUEST EOUITY LLC
JAMES G. NTJNLEY
Member-Manager
By:
A Notary Public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On August , 2025, before me,
personally appeared JAMES G. NUNLEY
a notary public,
, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument.
I certiff under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(sEAL)
Notary Public
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DO NOT RECORD
The following is a copy of Subdivision A and B of the fictitious Deed of Trust recorded in each county in Califomia as stated in the foregoing neea of fririt and incorporated by reference in said Deed of Trust as being a part thereof as if set forth at length therein.
A, To protect the security of Deed of Trust, Trustor agrees:
(l) To keep said property in good condition and repair; not to remove or demolish any building thereon; to complete or restore promptly and in g-ood and woikmanlike manner any building which may be constructed, damaged or destroyedthereon and to pay whendue all claims for labor performed and materials furnished therefor; to comply with all laws affecting said property-or requiring any alterations or improvements to be made thereon; not to commit or permit waste thereof; not to commit, suffer or peimit aiy a-ct upon said property in violation of law; to cultivate, inigate, fertilize, fumigate, prune and do all other acts which irom the iharact-er or use of iaid property may be reasonably necessary, the specific enumerations herein not excluding the general. (2) To provide, maintain and deliver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary. The .
amount collected under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured hereby and in such order as Benefrciary may determine, ofat option of Ben6ficiary the entire amount so collected or any part thereof may be released to Trustor. Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice.
(3) To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary orTrusteg and to pay all costs ind expensCs, inctuding coit of evidence of title and attorney's fees in a reasonable sum-, in any such action or proceeding-in which Benefrciary or Tnrstee may appear, and in any suit brought by Beneficiary to foreclose this Deed. (4) To pay, at least ten days before delinquency all taxes and assessments, affecting said property, including assessments on appurtenant water stock; when due, all inCumbiances, charges and liens, with interest on said property or any part thereof, which appear to be prior or superior hereto; all costs, fees and expenses of this Trust.
Should Trustor fail to make any payment or to do any act as herein provided, then Beneficiary or Trustee but without.obligation so to do and without notice to or demind upon Trust and without releaiing Trustor from any obligation hereof, may; make or do the same in such manner and to such extent-as either may deem necessary to protect the security hereof, Beneficiary or Trustee being authorized to enter upon said properfy for such purposes; appear in and defend any action or proceeding purporting to affect the security hereof or the rights oi poweis of Beneficiary or Truitee; pay, purchase, contest or compromise any incumbrance, charge or lien which in the judgment of either appears to be prior or superior hereto; and, in exercising any such powers, pay necessary expenses, employ counsel and pay his reasonable fees.
(5) To pay immediately and without demand all sums so expended by Beneficiary or Trustee, with interest from date of expenditrne at the same rate set forth in the Note secured by this Deed of Trust, and to pay for any statement provided for by law in effect at the date hereof regarding the obligation secured hereby any amount demanded by the Beneftciary not to exceed the maximum allowed by law at the time when said statement is demanded.
B. it is mutually agreed:
(l) That any award of damages in connection with an condemnation for public use or injury to said property or.any part thereof is hereby assigned and shall be paid to Beneficiary who may apply or release such moneys received by him in the same manner and with the same effect as above provided for disposition of proceeds of fire or other insurance. (2) That by accepting payment of any sum secured hereby after its due date, Beneficiary does not waive his right either to require prompt payment when due of all other sums so secured or to declare default for failure so to pay. (3i fhat at any time or from time to time, without liability therefor and without notice, i'l onwritten request of Beneficiary ald prisentation of thil Deed and said note for endorsement, and without affecting the personal liability 9f any person for payment of ihe indebtedness secured hereby, Trustee may; reconvey any part of said property; consent to the makilg olany map or.plat thereof; join in granting any eaiement thereon; or join in any -extension
agreement or any agreement subordinating the lien or
charge hereof.
(4) That upon written request of beneficiary stating that all sums secured hereby have been paid, and upon sunender of this Deed and said note to Trustee for cancellation and retention or other disposition as Trustee in its sole discretion may choose and upon payment of its fees, Trustee shall reconvey, without warranty, the property then held hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The Grantee in such reconveyance may be described as "the person or persons tegally entitled thereto". (5) That as additional security, Trustor hereby gives to and confers upon Beneficiary the right, power and authority, during the continuance of these Trusts, to collect the rents, issues and profits of said property, reserving unto Trustor the right, prior to any default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, to collect and retain such rents, issues and profits as they become due and payable. Upon any such default, Beneficiary may at any time without notice, either in person, by agent, or by a receiver to be appointed by a court, and without regard to the adequacy ofany security for the indebtedness hereby secured, enter upon and take possession ofsaid property or any part thereof, in his own name sue for or otherwise collect such rents, issues, and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable attomey's fees, upon any indebtedness secured hereby, and in such order as Beneficiary may determine. The entering upon and taking possession of said propefty, the collection of such rents, issues and profits and the application thereofas aforesaid, shall not cure or waive any default or notice ofdefault hereunder or invalidate any act done pursuant to such notice.
(6) That upon default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, Beneficiary may declare all sums secured hereby immediately due and payable by delivery to Trustee of written declaration of default and demand for sale and of written notice of default and of election to cause to be sold said properly, which notice Trustee shall cause to be filed for record, Beneficiary also shall deposit with Trustee this Deed, said note and all documents evidencing expenditures secured hereby.
After the lapse of such time as may then be required by law following the recordation of said notice of default, and notice of sale having been given as then required by law. frustee, without demand on Trustor, shall sell said property at the time and place fixed by it-in said notice of sale, either as a whole or in separate parcels, and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States, payable at time of sale. Trustee may postpone sale of all or any portion of said property by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by publiC announcement at the time fixed by the preceding postponement. Trustee shall deliver to such purchaser its deed conveying the property so sold, but without any covenant or wananty, express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Trustor, Trustee, or Beneficiary as hereinafter defined, may purchase at such sale.
After deducting all costs, fees and expenses of Trustee and of this Trust, including cost of evidence of title in connection with sale, Trustee shall apply the proceeds ofsale to payment of: all sums expended under the terms hereof, not then repaid, with accrued interest at the amount allowed by law in effect at the date hereof; all other sums then secured hereby; and the remainder, if any, to the person or persons legally entitled thereto. (7) Beneficiary or any successor in ownership of any indebtedness secured hereby, may from time to time, by instrument in writing, substitute a successor or successors to any Trustee named herein or acting hereunder, which instrument, executed by the Beneficiary and duly acknowledged and recorded in the office of the recorder of the county or counties where said property is situated, shall be conclusive proof of proper substitution of such successor Trustee or Trustees, who shall, without conveyance from the Trustee predecesso{ succeed toall its title, estate, rights, powers and duties. Said instrument must contain the name of the original Trustor, Trustee and Beneficiary hereunder, the bookand page where this Deed is recorded and the name and address of the new Trustee.
(S) That this Deed applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors andissigns. The term Beneficiary shall mean the owner and holder, including pledgees, of the note secured hereby, whether or not named as Beneficiary herein,. In this Deed, whenever the context so requires, the masculine gender includes the feminine and/or neuter, and the singular number includes the plural. (9) That Trustee accepts this Trust when this Deed, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notiff any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Trustor, Beneficiary or Trustee shall be apa,r'ry unless brought by Trustee.
REQUEST FOR FULL RECONVEYANCE
TRUSTEE:
The undersigned is the legal owner and holder of the note or notes, and of all other indebtedness secured !1the _ foregoing Deed of Trust. Said note or notes, together with all other indebtedness secured by said Deed of Trust, have been futly paid and satisfied; and you are hereby requested and directed, on payment to you of any sums owing to you under the terms of said Deed of Trust, to cancel said note or notes above mentioned, and all other evidence of indebtedness secured by said Deed of Trust delivered to you herewith, together with the said Deed of Trust, and to reconvey, without warranty, to the parties designated by the terms of said Deed of Trust, all the estate now held by you under the same.
DATED:
Please mail Deed of Trust, Note and Reconveyance to:
Do not lose or destrov this Deed qf Trust ORTHE NOTEwhich it secures. Both must be delivered to the Tfultee.for cancellation before reconveyance will be made.
A Notary Public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
on
-,
before me, a notary public,
personally appeared who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity and that by her signature which the person acted, executed the instrument.
on the instrument the person or the entity upon behalf of I certifu under PENALTY OF PERruRY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and officlal seal.
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)ss
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(sEAL)
Notary Public
EXIIIBIT G
DEED OF TRUST
RECORDING REQIJESTED BY &
WHEN RDCORDED RETURN TO:
TY N. MIZOTE
Griswold, LaSalle, Cobb,
Dowd & Gin LLP lll E. Seventh Street
Hanford, CA 93230
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SHORT FORM SECOND DEED OF TRUST AI\D ASSIGNMENT OF
A.P.N. t72-80-447
(INDMDUAL)
THIS SECOI\ID DEED OF TRUST, made thls 17th day of June, 2025, between QUEST EQUITY LLCI t Nevada llmited liabtltty company, hereln called TRUSTO& and FIRST AMERICAI\ TITLE COMPAIYY, herein called TRUSTEE, and THE CITY OF TULARE, herein called BENEFICIARY,
Witnesseth: That TrustoT IRREVoCABLY GRANTS, TRANSFERS AND ASSIGNS TO TRUSTEE IN TRUST, WITH POWER OF SALE, that property ("Real Property") in the City of Tulare, Tulare County, California, described as:
PARCEL I:
THE REMAINDER PORTION OF PARCEL MAP NO. 5423, IN THE COUNTY OF TULARE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 55, PAGE 31 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 2
A RIGHT OF WAY AND EASEMENT FOR THE CONSTRUCTION, MAINTENA}.ICE, OPERATION AND USE OF AN IRRIGATION CANAL OVER, ACROSS AND I.JPON THE WEST 20 FEET AND THE WEST 22OFEFr OF THE SOUTH 20 FEET OF THOSE CERTAIN PARCELS OF REAL PROPERTY, SITUATE IN THE COUNTY OF TULARE, STATE OF CALIFORMA, DESCRIBED AS:
THE GOVERNMENT FRACTIONAL EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 20 SOUTH, RANGE 25 EAST, M. D. B. &M., EXCEPTING THEREFROM THE NORTH 3.30 ACRES THEREOF.
THAT PART OF LOTS I AND 2 OF THOMAS TWADDLE'S SUBDIVISION OF SECTION 5, TOWNSHIP 20 SOUTH, RANGE 25 EAST, M. D. B. &M., DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 2 AND RIJNNING THENCE WEST ALONG THE NORTH LINE OF SAID LOT, 8.23 CHAINS; THENCE SOUTH PARALLEL WITH THE EAST LINE OF SAID LOT 2,28.24 CHAINS TO THE CENTER OF THE COUNTY ROAD; THENCE EAST ALONG THE CENTER OF SAID ROAD, 1.73 CHAINS; THENCE NORTH 32" EAST 12.60 CHAINS AND THENCE NORTH 2 II2" EAST 17.64 CHAINS TO THE POINT OF BEGINNING.
TOGETHER WITH the rents, issues and profits thereof
For the Purpose of Securing: l. Performance of that Deferred Improvement Agreement ('DIA") between the BENEFICIARY and TRUSTOR, dated June 17,2025, which is incorporated herein by reference; and 2. Payment of any amount that TRUSTOR owes or may come to owe to BENEFICIARY under the DIA; and
3. Costs and expbnses, including court costs and attorneys' fees, incurred by Beneficiary in taking possession of, repairing, maintaining, iaring for, prepaiing for sale, and selling the Real Property, which actions may occur as a result of Developer's breach of the DIA.
This Deed of Trust is executed pursuant to that Security Agreement ("security Agreement") executed !y_l\9STOR.andBENEFICIARY of even date. The terms of the Security Agreement are incorporated herein by reference, TRUSTOR's breach of DIA or Security Agreement shall be deemed a breach under this Deed of Trust. Similarly, TRUSTOR's breach of this Deed of Trust shall be deemed a breach of the DIA and Security Agreement.
TRUSTOR's obligations under the DIA are personally guaranteed by James G. Nunley ("Nunley') pursuant to that Personal Guaranty^ ("Personal Guaraity') of even date. The terms of the Personal Guaranty are incorporated herein by reference. Nunley's breach of the Personal Guaranty shall automatically be deemed a breach under this Deed of Trust, the DIA, and the Security Agreement' Similarly, a breach of this Deed of shall be deemed a breach of the Personal Guaranty.
TRUSTOR shall be deemed in breach of this Deed of Trust if TRUSTOR or Nunley shall, at any time, become insolvent or make a general assignment or if a petition in bankruptcy or any insolvency or reorganization proceedings shall be commenced by, against, or with respect to TRUSTOR or Nunley.
To Protect the Securlty of Thls Second Deed of Trust, Trustor Agrees:
By the execution and delivery of this Second Deed of Trust, that plovisions (1) to (14), inclusive, of the fictitious deed of tnrst reiorded in Santa Barbara Corinty and Sonoma County October I 8, [96 I , and in all other counties October 23, 196l ,
in the book and
at the page of Offrcial Records in the office of the county recorder where said property is located, noted below opposite the name of such county, viz:
Gounty Book Page county Book Page Gounty Book Page
San Luls Oblepo 1151 12
San Mateo 4078 120
Santa Barbara 1878 860
Santa Gruz 1431 494 Shasta 084 528
San Dlego s6i6 2 Bmk 196t, Plrc l8]tt?
Santa Clara 5336 341 Slerra 29 335
Slsklyou46S l8l Solano 1105 182 Sonoma 1851 689 Stanlslaus l7l5 456 Sutter 572 257 Tehama 401 289 Trlnlty 93 366 Tulare 2254 275 Tuolumne 135 47 Ventura 2062 386 Yolo 653 245 Yuba 334 486 Alameda
Alplne
Amador
Bulto
Galaverag
Colusa
Gontra Goeta
Del Norte
El Dorado
Freono
Glenn
Humboldt
lmperlal
lnyo
Kern
Klngs
Lake
Lacsen
Los Angelec
Madera
Marln
Marlposa
Msndoclno
illerced
Modoc
Mono
Monlerey
Napa
Nevada
Orsnge
Placer
Plumae
Rlverslde
Sacramento
San Benlto
San Bernardino
San Franclsco
San Joaquln
435t
104
1145
145
2eq
3978
78 568
4026
422
657
1091
147
3/'27
792
362
171
T2055
170
339
252
530
538
851
429
538
86 t20
611
30t
5 523
62 383
6t
905
311
8t0
1508
77 579
7547
184
52 21s4
639
305
5889
895
151
3005
4331
271
5567
A332
2470
G84
250
348
1 152
617
47 414
456
572
1U
527
501
598
60 833
39 471
899
which provisions, identical in all counties, (printed on the attached unrecorded pages) are hereby are adopted and incorporated-herein and made a part hereof as though fully set forth herein at length; that Trustor will observe and perform said provisions; and that the references to property, obligations and parties in said provisions shall be construed to refer to the property, obligations and parties set forth in this Second Deed of Trust.
The undersigned Trustor requests that a copy of any Notice of Default and of any Notice of Sale hereunder be mailed to it at its address hereinbefore set forth.
Dated: June 17,2025
oIJEST EOUITY LLC
JAMES G. NTJNLEY
Member-Manager
By:
A Notary Public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
STATE OI'CALIFORNIA
COUNTY OF
On August _,2025, before me, a notary public,
personally appeared JAMES G. NLINLEY, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the which the person acted, executed the instrument.
instrument the person or the entity upon behalf of
I certiff under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(sEAL)
Notary Public
)
)
)
DO NOT RECORD
The following is a copy of Subdivision A and B of the fictitious Deed of Trust recorded in each cognty. in Ca^lifomia as stated in the foregoing neEO of f.irit and incorporated by reference in said Deed of Trust as being a part thereof as if set forth at length therein.
A. To protect the security of Deed of Trust, Trustor agrees:
(l) To keep said property in good condition and repair; not to remove or demolish any.building thereon; to complete or restore iii,-ptfv "riAin
g'ood uod *oik anlik" manner unj Uuining which may be construc6d, damaged or destroyedthereon and to pay wnenarie alt clailns for labor performed and materials furniihed therefor; to comply with all laws affecting said property or requiring any alterations or improvements to be made thereon; not to commit or permit waste thereof; not to commit, suffer or f.tnit u-ny urt upon said propdry in violation of law; to cultivate, irrigatg, fertilize, fumigate, prune and do all other acts which ?iom the charactir or use of saiairoperty may be reasonably necessa!, the specific enumerations herein not excluding the general. (2) To provide, maintain and deliver to Beneficiary fire insurance satisfactory to a1{ with loss payable-to Beneficiary. The .
iriount collected under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured hereby and in such order as Benedciary may determine, oiat oftionbf Bei6ficiary the entire amount so collected or any part thereof may be released to Trustor. Such apptication or release shali not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice.
(3) To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary ir fnrstii,i and to pay all costs and e*penses, irrcludiilj cost of e-vidence of title and attomey's feesjn.a reasonable sum, in any such action ot p.o.C"Aiig"in which Beneficiary oiTrurtee ilay appear, and in any suit brought by Beneficiary to foreclose this Deed. (a) To pay, at least ten days before delinquency all taxes and assessments, affecting said property, including assessments on ippurteiant water stock; lihen due, all inc'umbiances, charges and liens, with interest on s-aidproperty or any part thereof, which appear to be prior or superior hereto; all costs, fees and expenses of this Trust.
Should Trustor fail to make any payment or to do any act as herein provided, then Beneficiary orTrustee but without.obligation so to do and without notice to or ieitrind upon Trust ani without releaiing Trustor from any obligation lereo! may; make or do the same in such manner and to such extent as either may deem necessary io protect the security hereof, Beneficiary or Trustee being authorized to enter upon said property for such purposes; appear in and Aefena any action or proceeding purporting to affect the security hereof or th6 rights oi po*eis of Beneticiary or rruitee; pay, purchase, contestor compromise any incumbrance, charge or lien wliich in the judgmEnt of either appears to be prior or superiol hereto; and, in exercising any such powers, pay necessary expenses, employ counsel and pay his reasonable fees.
(5) To pay immediately and without demand all sums so expended by Beneficiary.or Trustee, with interest from date of ixpendi'ture at the samJrate set fonh in the Note secured Uyitris Deed of Tnrst, and !o p.ay {ot $y statement provided for.by law in effect at the date hereof regarding the obligation secured hdreby any amount demanded by the Beneficiary not to exceed the maximum allowed by law at the time when said statemont is demanded.
B. it is mutually agreed:
(l) That any award of damages in connection with an condemnation for public use or injuty to said prgPery'or.any part thereof is hereby assigned and shlall be paid to Beneficiary who may apply or-please such moneys received by him in the same manner and with the Jame effect as above provided for disposition of proceeds of fire or other insurance. (2) That by accepting payment of any sum secured hereby after its due date, Beneficiary does not waive his right either to iequire prompf paymbnt when due of all other sums so secured or to declare default for failure so topay. tli Tttut-"t'r,tiy time or from time to time, without liability therefor and without notice, gpgl.wntt:n request of_Beneficiary ald |ii,r"nt"iion oitfrii Deed and said note for endorsement, and ivithout affecting the personal liability 9{"oy person for payment of ihe indebtedtress secured hereby, Trustee may; reconvey any part of said property; ionsent to the making oLany map or.plat ttrereot join in granting uny "uir*"nt thereoni or join iir anyixtension agredment or any agreement subordinating the lien or charge hereof.
(4) That upon written request of beneficiary stating that all sums secured hereby have been paid, and upon srurender of this b6ed and said note to Trustee for cancellation ana reteition or other disposition as irustee in its sole discretion may choose and ;fi;;.y"t;ni of itr fees, Trustee shall reconvey, without warranty, the fropgrty then held hereunder. The recitals in such r..onu"y.n"e of any .atters or facts shall be conclusive proof of ihe truthfulness thereof. The Grantee in such reconveyance may be described as "the person or persons legally entitled thereto". (5) That as additional security, Trustor hereby gives to and confers upon Beneficiary the right, power and authority, during the continuance of these Trusts, to coiiect the rents, iisries and profits of said property, reserving unto Trustor the right, prior to any.
Oeftuit Uy t..tot in puitnrniof any indebtedness secured irereby or g p6rfoimancg ojpyiq:eemjnj hereunder, to collect and retain such rents, issuLs and profits'as they become due and payable. Upon any such_default, Beneficiary.may at any time without noii.r, iitfrii in person, by alent, or by a ieceiver to be appoinieO by a court, ahd without regard to the adequacy of any security for the indebtednesihereby secrieO, entei upon and take poisession ofiaid properly gr_any part thereof, in his own name sue for or otherwise collect such ients, issues, and profits, including those past due'and unpaid, aird app-ly the same,.less costs and expenses of operation and collection, including'reasonable attorney'shes, upon any indebtedness secured lrereby, a$ il such order as n"o"i,.i.w may determine. The Intering upon and t"t ing possission bf said property, the collection of such rents, issues and pt;il ild'thr ipftication thereof as afoftsiid, shall not c-ute or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice.
(6) That upon default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, Berieficiary may'declare all slms secured h-ereby immediately due an_d payable by delivery to Trustee of written declaration of default'and demand for sale and of written n6tice of defauit and of eieition to cause to be sold said property, which notice Trustee shall cause to be filed for record, Beneficiary also shall deposit with Trustee this Deed, said note and all documents evidencing expenditures secured hereby.
After the lapse of such time as may then be required by law following the recordation of said notice of default, and notice of sate tiavintUiin given as th"n t"quit6a by law. Trustee, without deman--d on Trustor, shall sell said property at the time and place ni"O Uiiiio r.iAiotrcr of sale,
"ith"r
ur u whole or in separate parcels, and in such order as it may determine, at public auction to *. trigfi.it UiAOq for cash in lawful money of the United Statesipayable at time of-sale. Trustee may postpone sale of all or any portioi of said property by public announiement at such time and place of sale, and from time to time thereafter.may postpone iu"f,, .ut" Ui pu'Utid uni*iti".ent at the time fixed by the precedirig postponement. Trustee shall deliver to such purchaserits deed conveying the property so sold, but without any covenant or w:ananiy, expres! or implild. The recitals in such deed of any matters or factishali be conclusive proof of the tlutfifuhess thereof. Anyperson, including Trustor, Trustee, or Beneficiary as hereinafter defined, may purchase at such sale.
After deducting all costs, fees and expenses of Trustee and of this Trust, including cost of evidence of title in connection with sale, Trustee shaliapply theproceeds of sale to payment of: all sums expendedundei the terms hereof, not then r9P-aid' with .
accrued interest at tfri imouit allowed by law iri eifect at the date hereof; all other sums then secured hereby; and the remainder, if any, to the person or persons legally entitled thereto. (7) Beneficiary, or any successor in ownership of any indebtedness secured heleby, mly frqT time to time, by instrument.in iuiiting, substitute u'ro"c.rro, or successors to any Trustee named herein or acting herbunder, which instrument, €xecuted by the neneficiary and duly acknowledged and recorded in the office of the recorder of ihe county or counties where. said property is sifirated, sliall be conclusive proif of proper substitution of such successor Trustee or Trustees, who shall, without conveyance - .
ir"- G f.rt r pr"dicessor', r*"wd to all its title, estate, rights, powers and {gtigs. Said instrument must contain the name of the original Trustor, i'rustee anA'neneficiary hereunder, the booliand page where this Deed is recorded and the name and address of the new Trustee.
(B) That this Deed applies to, inures to the benefit of and binds all parties hereto,-their heirs,legatees, devisees, administrators, executors, successors ani assigns. The term Beneficiaryihall mean the owner and holder, including pledgees, of the note secured ftit"Uy, *trCtt er or not named-as Beneficiary herein,. tn ttris Deed, whenevgr tlp context so requires, the masculine gender incluties the feminine and/or neuter, and the singular number includes the plural. (9) That Trustee accepts this Trust when this Deed, duly executed and acknowlgdge_d, is_made a public record as provided by iaw. Trustee is not obliga:ted to notiS any party hereto of pending saleunder any-other Deed of Trust or of any action or proceeding in which Trustor, Benefiiiaryoi Trustee shall be a party unless brought by Trustee.
REQUEST FOR FULL RECONVEYANCE
TRUSTEE:
The undersigned is the legal owner and holder of the note or notes, and of all other indebtedness secured by the foregoing Died of Trust.-Said note or notes, together with all other indebtedness secured by said Deed of Trust, have Ueerinrtiy paid and satisfied; and you are heieb! requested and directed, on payment to yo11of any sums owing to you under thi tirms of said Deed of Trust, to cancei said note or notes above mentioned, and all other evrdence of indebtedness secured by said Deed of Trust delivered to you herewith, together with the said Deed of Trust, and to reconvey, without wananty, to the parties designated byihe terms of saidDeed of Trust, all the estate now held by you under the same.
DATED:
Please mail Deed of Trust, Note and Reconveyance to:
Do not lose or destro:t this Deed o-f Trust ORTHE NOTE which it secures. B-oth must be delivered to the Trustee hr cancellation before reconveyance will be made.
A Notary Public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On before me,
who proved to me on the basis
a notary public,
of satisfactory personally appeared
evidence to be the person whose name is subscribed td the within instrument and acknowledged to me that she executed the same in her authorized capacity and that by her signature which the person acted, executed the instrument.
on the instrument the person or the entity upon behalf of I certiff under PENALTY OF PERruRY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and oflicial seal.
)
)ss
)
(sEAL)
Notary Public
EXHIBIT H
TNSL]RANCE REQUTREMENTS
Coverage Afforded Llmlts of Llabllll
Worker's Gompensatlon:
Commerclal General Llablllty lnsurance lncludlng:
a) Products & Completed Operations
b) Blanket Contractual
c) Exploslon, Collapse & Underground Hazard
Automoblle Llablllty lnsurance lncludlng:
a) Non-owned
b) Leased
c) Hir'ed Vehlcles
Employefs Llablllty:
Subcontractors:
Verlflcatlon of Coverage:
As required by the State of Califomia and
Employer's Liability lnsurance
$2,000,000 per occurrence for Bodily lnJury,
Personal lnJury, and Property Damage. lf
Commerclal General Liabllity lnsurance or other
form with a general aggregate limit ls used, either
the general aggregate limit shall apply separately
to this proJecUlocation
or the general aggregate limit shall be twice
(minimum $4,000,000) lhe required occurrence
limit.
$2,000,000 Bodily lnJury and Property Damage.
$1,000,000 per accident for bodily lnlury or
disease.
Contractor shall include all subcontractors as
insureds under its policies or shall furnish
separate certificates and endorsements for each
subcontractor. All coverages for subcontractors
shall be subject to all of the requirements stated
herein.
Contractor shallfurnish the Clty with original
endorsements effecting coverage required by this
clause. The endorsements are to be signed by a
person authorized by that insurer to bind
coverage on its behalf. All Certificates of
lnsurance and endorsements are to be received
and approved by the City before work
commences. Upon the request of the City, the
Contractor's insurer may provide complete,
certified copies of all required Insurance policies,
including endorsements affecting the coverage
required by these specifioations.
Staff Report
Meeting: City Council
Date: April 7, 2026
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Conditional Final Map Acceptance for Phase 1 of the F&C Farming Subdivision
RECOMMENDED ACTION
Conditionally approve the final map and subdivision improvement agreement for Phase 1 of the F&C Farming subdivision for recordation, and accept all easements and dedications offered to the City subject to receipt of the signed final map, all fees, and other required items prior to June 8, 2026.
SUMMARY
Planning Commission Resolution No. 5502, which was adopted on March 10, 2025, approved the tentative subdivision map for the F&C Farming subdivision. This subdivision is situated on the southeast corner of Prosperity Avenue and Morrison Street and comprises approximately 134.85 acres with a total of 556 single-family lots at full buildout. The development of the subdivision is being completed in phases.
Phase 1 of the F&C Farming subdivision will consist of 166 single-family residential lots and 6 outlots.
To streamline the final map approval process, the Subdivider is seeking conditional approval and acceptance from Council. This is subject to the receipt of the signed map, all fees, and other necessary items within 60 days. Such requests for conditional approval have been routinely accommodated.
FISCAL IMPACT & FUNDING SOURCES
There is no fiscal impact associated with this action.
ENVIRONMENTAL REVIEW
The tentative subdivision map for F&C Farming was approved by the Tulare Planning Commission on March 10, 2025 by Resolution No. 5502. An Environmental Impact Report (EIR) was prepared in support of the tentative map, and the Planning Commission made the finding that economic and social benefits of the project in Tulare, consistent with the Goals and Policies of the Tulare General Plan, outweigh and override the significant and unavoidable cumulative impacts that would result from future project implementation.
POTENTIAL CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
LEGAL REVIEW
The final map will be reviewed for compliance with applicable legal requirements prior to recordation.
PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the agenda.
ALTERNATIVE ACTION
1. Approve with changes – Changes would result in delay to the project schedule.
2. Deny – Construction of the proposed single-family residential project would not be permitted.
3. Table – Tabling this item could adversely impact the Developer’s construction schedule.
Item #: 8.15
Consent
ATTACHMENTS
1. Planning Commission Resolution No. 5502
2. F&C Farming Phase 1 Subdivision Agreement
3. F&C Farming Final Map
Reviewed/Approved:
N89° 16' 25"W 1755.01' N0° 15' 23"E 5444.08' (N0°15' 23"E 5444.23') 1003.04' 1,106.24' (1106.24')
N18° 01' 58"E 1,137.88' (N18° 01' 59"E 1137.90')
864.98' N0° 02' 58"W 2894.22' (N0° 02' 40"W 2894.23')
N89° 16' 30"E 2,096.75' (N89° 16' 42"E 2,096.79') 1093.71' [1093.71'] PREPARED BY: 324 S. SANTA FE, STE. A
VISALIA, CA 93292 TEL: 559.802.3052 FAX: 559.802.3215 www.4-creeks.com
OWNER'S STATEMENT
IN ACCORDANCE WITH SECTION 10.160.050 OF THE CITY OF TULARE ORDINANCE CODE, AND AS A CONDITION OF APPROVAL OF THE ABOVE REFERENCED PARCEL MAP, SUBDIVISION MAP OR USE PERMIT, THE OWNERS HEREBY ACKNOWLEDGE THAT:
IF THE PROPERTY IN WHICH YOU ARE TAKING AN INTEREST IS LOCATED ADJACENT TO AGRICULTURAL LANDS OR OPERATIONS, OR IS INCLUDED WITHIN AN AREA ZONED FOR AGRICULTURAL PURPOSES, YOU MAY BE SUBJECT TO INCONVENIENCES OR DISCOMFORT ARISING FROM SUCH OPERATIONS INCLUDING BUT NOT LIMITED TO : NOISE, ODORS, FUMES, DUST, SMOKE, INSECTS, OPERATIONS OF MACHINERY (INCLUDING AIRCRAFT) DURING ANY 24 HOUR PERIOD, STORAGE AND DISPOSAL OF MANURE, AND THE APPLICATION (BY SPRAYING OR OTHERWISE) OF CHEMICAL FERTILIZERS, SOIL AMENDMENTS, HERBICIDES AND PESTICIDES. ONE OR MORE OF THE INCONVENIENCES DESCRIBED HEREIN MAY OCCUR AS A RESULT OF ANY SUCH AGRICULTURAL OPERATION WHICH IS IN CONFORMANCE WITH EXISTING LAWS AND REGULATIONS AND ACCEPTED CUSTOMS AND STANDARDS. IF YOU LIVE ADJACENT TO AN AGRICULTURAL OPERATION, YOU
SHOULD BE PREPARED TO ACCEPT SUCH INCONVENIENCES AND DISCOMFORT AS A NORMAL AND NECESSARY ASPECT OF LIVING IN A CITY WITH A STRONG RURAL CHARACTER AND AN ACTIVE AGRICULTURAL SECTOR IN THE REGION.
SIGNATURE MY COMMISSION NO.
WITNESS MY HAND.
PRINCIPAL PLACE OF BUSINESS: COUNTY
PRINT NAME MY COMMISSION EXPIRES
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE
IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. NOTARY STATEMENT SHEET 1 OF 7
BOARD OF SUPERVISOR'S STATEMENT
CITY ENGINEER'S STATEMENT
PLANNING COMMISSION'S STATEMENT
RECORDER'S STATEMENT
CITY CLERK'S STATEMENT
SURVEYOR'S STATEMENT
THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY, IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF D.R. HORTON CA3, INC., IN SEPTEMBER OF 2024. I HEREBY STATE THAT THIS SUBDIVISION MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY. ALL MONUMENTS
ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED AND ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. THE MONUMENTS NOT YET SET, WILL BE SET AS INDICATED WITHIN ONE YEAR OF THE RECORDING OF THIS MAP.
I HEREBY STATE THAT I HAVE EXAMINED THIS MAP, THAT THE SUBDIVISION AS SHOWN IS
SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP AND ANY APPROVED
ALTERATIONS THEREOF, AND THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT AND ANY
LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH. I FURTHER CERTIFY THAT ALL REQUIRED OFFSITE AND ONSITE IMPROVEMENTS HAVE EITHER ALREADY BEEN INSTALLED, HAVE BEEN DEFERRED UNTIL FUTURE DEVELOPMENT, OR ADEQUATE BONDS OR OTHER SUITABLE SURETIES HAVE BEEN PROVIDED.
THIS IS TO CERTIFY THAT AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF TULARE HELD ON THE ____ DAY OF ______________________, 20___, AN ORDER WAS DULY
AND REGULARLY MADE AND ENTERED INTO APPROVING THIS SUBDIVISION MAP, AND
ACCEPTING ON BEHALF OF THE PUBLIC, SUBJECT TO IMPROVEMENT, THE PUBLIC STREETS, AND LETTERED LOTS, PUBLIC UTILITY EASEMENTS, AND BLOCK WALL EASEMENTS, INCLUDED WITHIN THE BOUNDARIES OF THE SUBDIVISION SHOWN UPON THIS MAP. WITNESS MY HAND AND OFFICIAL SEAL OF THE CITY OF TULARE, THIS DAY OF _____________________________, 20 .
I, JASON T. BRITT, COUNTY ADMINISTRATIVE OFFICER/CLERK OF THE BOARD OF SUPERVISORS OF
THE COUNTY OF TULARE, STATE OF CALIFORNIA, DO HEREBY CERTIFY THAT SAID BOARD OF SUPERVISORS HAS APPROVED THE PROVISIONS MADE FOR THE PAYMENT OF TAXES AS PROVIDED IN DIVISION 2 OF TITLE 7 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA.
CITY SURVEYOR'S STATEMENT
I HEREBY STATE THAT I HAVE CAREFULLY EXAMINED THIS MAP AND AM SATISFIED THAT THIS MAP IS TECHNICALLY CORRECT, PURSUANT TO THE PROVISIONS OF THE SUBDIVISION MAP ACT.
1. PUBLIC EASEMENTS FOR THE INSTALLATION AND MAINTENANCE OF GAS LINES AND CONDUITS, FOR ELECTRIC
CABLE, AND TELEPHONE SERVICES, TOGETHER WITH ANY AND ALL APPURTENANCES THERETO, AS SHOWN HEREON AND DESIGNATED AS "PUE" (PUBLIC UTILITY EASEMENTS). 2. STREET RIGHT OF WAY FOR BISHOP DRIVE, PALM ROYALE STREET, SUN HILLS AVENUE, EUREKA STREET, ECHO HILLS AVENUE, EL CAMINO STREET, MONARCH DUNES AVENUE, BANDON TRAILS AVENUE, BIGHORN
AVENUE, ISLEWORTH AVENUE, BISHOP STREET, BISHOP COURT, CASTLE ROCK AVENUE, HARBOUR TOWN AVENUE, PROSPERITY AVENUE AND MORRISON STREET IN FEE TO THE CITY OF TULARE. 3. LOTS A, B, C, D, E, AND F IN FEE TO THE CITY OF TULARE FOR LANDSCAPING, PUBLIC SIDEWALK, BLOCK WALL, AND THE MAINTENANCE THEREOF. 4. 2' BLOCK WALL EASEMENTS TOGETHER WITH ANY AND ALL APPURTENANCES PERTAINING THERETO TO THE CITY OF TULARE SHOWN HEREON AS "BWE". 5. TEMPORARY TURNAROUND EASEMENT FOR VEHICULAR ACCESS SHOWN HEREON AS TURNAROUND EASEMENT. 6. LOT G IN FEE TO THE CITY OF TULARE FOR A LIFT STATION. WE ALSO HEREBY WAIVE ALL DIRECT ACCESS RIGHTS AS SHOWN WITHIN THE BOUNDARIES OF THE MAP HEREON. FOR: SJV HORIZONTAL, LLC, A DELAWARE LIMITED LIABILITY COMPANY BY: SJV HOMES, LLC, A DELAWARE LIMITED LIABILITY COMPANY, ITS SOLE MEMBER NAME: JOSEPH A. LEAL TITLE: AUTHORIZED REPRESENTATIVE DATE:
WE HEREBY STATE THAT WE ARE THE LEGAL OWNERS OF, OR HAVE SOME RIGHT, TITLE OR INTEREST IN AND
TO, THE REAL PROPERTY INCLUDED WITHIN THE BOUNDARIES OF THE SUBDIVISION SHOWN UPON THIS
SUBDIVISION MAP, AND THAT WE ARE THE ONLY PERSONS WHOSE CONSENT IS NECESSARY TO PASS A CLEAR TITLE TO SAID PROPERTY, AND WE CONSENT TO THE MAKING AND FILING OF SAID SUBDIVISION MAP AS SHOWN WITHIN THE BOLD BORDER LINES HEREON. WE HEREBY OFFER TO DEDICATE AND DO HEREBY DEDICATE THE FOLLOWING, AS SHOWN WITHIN THE BOUNDARIES OF THE MAP HEREON, FOR THE SPECIFIED PURPOSES:
ON _______________, BEFORE ME, ____________________________, PERSONALLY APPEARED WHO
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.
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. NORTH
VICINITY MAP NO SCALE
DOC NO. FEE PAID
FILED THIS DAY OF ______________________________, 20 , AT .M.
IN VOLUME OF MAPS AT PAGE , TULARE COUNTY RECORDS, AT THE REQUEST OF 4 CREEKS, INC. TARA K. FREITAS, CPA, TULARE COUNTY
ASSESSOR/CLERK-RECORDER
BY:____________________________________________________________ DEPUTY DATED THIS DAY OF , 20
JASON T. BRITT, COUNTY ADMINISTRATIVE OFFICER/CLERK OF THE BOARD OF SUPERVISORS BY: _______________________________ DEPUTY CLERK
MELISSA WILCOX, CMC, CPMC, CHIEF DEPUTY CITY CLERK MARC MONDELL, CITY MANAGER/CITY CLERK TIMOTHY M. ODOM
PLS 8468 DATE
MARIO ANAYA, SECRETARY
APPROVED: JUNE 27, 2022, CITY OF TULARE PLANNING COMMISSION. RCE 53462 MICHAEL W. MILLER, CITY ENGINEER DATE CLINTON J. CAULDE P.L.S. 9849 DATE
RIGHT TO FARM NOTICE
F & C FARMING PHASE 1
LEGAL DESCIPTION
ALL THAT CERTAIN REAL PROPERTY IDENTIFIED AS ADJUSTED PARCEL A IN THAT CERTAIN APPROVAL OF LOT LINE ADJUSTMENT MAP NO. PLA 24-025 RECORDED FEBRUARY 24, 2025 AS DOCUMENT NO. 2025-0008069, OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF LOTS 6, 7, AND 8 OF THOMAS TWADDLE'S SUBDIVISION, IN THE UNINCORPORATED AREA, COUNTY OF TULARE, STATE OF CALIFORNIA, AS PER MAP RECORDED JANUARY 9, 1890 IN BOOK 5, PAGE 4 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THOMAS TWADDLE'S SUBDIVISION; THENCE NORTH 89° 16' 30” EAST, ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 20 SOUTH, RANGE 25 EAST, 1093.71 FEET; THENCE SOUTH 0° 43' 30” EAST, 88.14 FEET; THENCE SOUTH 44° 16' 30” WEST, 28.28 FEET; THENCE SOUTH 0° 43' 30” EAST, 71.72 FEET; THENCE SOUTH 45° 43' 30” EAST, 5.86 FEET; THENCE NORTH 89° 16' 30” EAST, 19.61 FEET; THENCE SOUTH 0° 43' 30” WEST, 178.00 FEET; THENCE SOUTH 89° 16' 30” WEST, 100.00 FEET; THENCE SOUTH 0° 43' 30” EAST, 510.22 FEET; THENCE SOUTH 39° 44' 48” EAST, 328.67 FEET; THENCE SOUTH 50° 15' 12” WEST, 175.99 FEET; THENCE SOUTH 0° 34' 57” WEST, 482.15 FEET; THENCE NORTH 89° 25' 03” WEST, 195.71 FEET; THENCE SOUTH 0° 34' 56” WEST, 48.00 FEET; THENCE SOUTH 0° 15' 23” WEST, 400.01 FEET TO THE SOUTH LINE OF SAID LOT 6; THENCE NORTH 89° 25' 03” WEST, ALONG SAID SOUTH LINE, 890.01 FEET TO THE WEST LINE OF SAID LOT 6; THENCE NORTH 0° 15' 23” EAST, ALONG SAID WEST LINE, 2143.88 FEET TO POINT OF BEGINNING; EXCEPTING THEREFROM AN UNDIVIDED ONE-HALF INTEREST IN ALL MINERAL RIGHTS LOCATED IN ON OR UNDER SAID LAND AS RESERVED BY MERCEDES H. SUTTON IN DEED RECORDED NOVEMBER 12, 1981 IN BOOK 3915, PAGE 467 AS DOCUMENT NO. 53519 OF OFFICIAL RECORDS.
EASEMENT(S) SHOWN ON MAP OF TULARE COUNTY RECORDED IN BOOK 4 OF AT PAGE 21 OF MAPS, TCR. EASEMENT(S) SHOWN ON MAP OF THOMAS TWADDLES SUBDIVISION RECORDED IN BOOK 5 OF AT PAGE 4 OF MAPS, TCR. EASEMENT FOR RIGHTS OF WAY IN FAVOR OF TULARE COUNTY PER DEED RECORDED 4/23/1895, IN BOOK 5 OF RIGHTS OF WAY, AT PAGE 405, OF OFFICIAL RECORDS. ABANDONMENT NO. 17278 EXECUTED BY COUNTY OF TULARE BOARD OF SUPERVISORS, AFFECTING THE WEST 30 FEET OF SECTION 5, EXCEPT THE NORTH 2 FEET AND THE SOUTH 30 FEET, RECORDED OCTOBER 1, 1941, IN BOOK 959, PAGE 205 OF OFFICIAL RECORDS. DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGE IN AREA, ENCROACHMENTS, OR ANY OTHER MATTERS SHOWN ON RECORD OF SURVEY RECORDED OCTOBER 9, 1946, IN BOOK 8, PAGE 24 OF RECORD OF SURVEYS, TCR.
EASEMENTS AND AGREEMENTS THAT AFFECT SUBJECT PROPERTY
9 11
10 12
13 NOTHING FOUND
SE COR OF PARCEL 6 OF THOMAS TWADDLES SUBDIVISION
FOUND IP W/ NO TAG 9 IN DEEP AT
INTERSECTION OF PROSPERITY
AVENUE AND MORRISON STREET, PER LS 8-24
NE COR. OF SEC. 6-20/25 FOUND NAIL WITH 2' OFFSETS, TIES CHECK
NOTHING FOUND
SW COR OF PARCEL 6 OF
THOMAS TWADDLES SUBDIVISION
E1/4 COR. OF SECT. 6-20/25 FOUND NAIL WITH 2' OFFSETS, TIES CHECK SE COR. OF SECT. 6-20/25 FOUND 20' WITNESS CORNER BRASS DISC NORTH OF TRUE POSITION PER CORNER RECORD 523 TCR SEE SHEET 2
SEE SHEET 3
SEE SHEET 5 SEE SHEET 4
BASIS OF BEARINGS
THE WEST LINE OF THOMAS TWADDLE'S SUBDIVISION, AS SHOWN ON PARCEL MAP NO.1509, RECORDED IN BOOK 16 OF PARCEL MAPS AT PAGE 10, TULARE COUNTY RECORDS, TAKEN AS NORTH 0°15' 23" EAST THEREON.
SW COR. TWADDLE'S SUBDIVISION
FD. CONC MON W/ BRASS DISC
AS SHOWN ON PARCEL MAP 1509
LEGEND
( )
[ ] PER PARCEL MAP NO. 1509 REC. SEPTEMBER 15, 1977 BK. 16 PG. 10 TCR PER LOT LINE ADJUSTMENT NO. PLA 24-025 PERFECTED BY GRANT DEED RECORDED 02/24/25 AS DOCUMENT NO. 2025-0008069, TCR
THOMAS TWADDLE'S SUBDIVISION BK. 5 OF MAPS, PG. 4 TCR
TCR TULARE COUNTY RECORDS 3300.20' <3315.18'> N0° 01' 52"W 2639.51 (N0° 02' 09"W 2639.61') N0° 58' 44"W 1173.31' (N0° 58' 43"W 1173.33') N2° 31' 25"E 1464.21' (N2° 31' 26"E 1464.23') N33° 17' 23"E 835.25' (N33° 17' 24"E 835.26') N89° 14' 24"W 858.16' (N89° 14' 16"W 858.27') N87° 39' 32"W 1267.84'
(N87° 39' 25"W 1267.75')
< > BASIS OF BEARING
DATE
SEE SHEET 6
TSM 2024-29
BY:
NOTICE TO HOMEOWNERS
THIS SUBDIVISION IS WITHIN A LANDSCAPE MAINTENANCE DISTRICT WITH ANNUAL ASSESSMENTS FOR LANDSCAPING, IRRIGATION SYSTEMS, PEDESTRIAN SIDEWALKS AND BLOCK WALLS ASSOCIATED WITH COMMON AREA LOTS; SUPPLEMENTAL STREET MAINTENANCE COSTS ASSOCIATED WITH LOCAL STREETS WITHIN THE DISTRICT BOUNDARIES; AND MAINTENANCE AND REGULATORY COMPLIANCE MEASURES ASSOCIATED WITH THE STORM DRAINAGE BASIN SERVING THE AREA WITHIN THE DISTRICT BOUNDARIES. ASSESSMENTS ARE SUBJECT TO ANNUAL INCREASES IN ACCORDANCE WITH THE CONSUMER PRICE INDEX FOR THE LOS ANGELES - ANAHEIM AREA.
SOIL ENGINEER'S REPORT
A SOILS REPORT WAS PREPARED FOR THIS SUBDIVISION BY KRAZAN &
ASSOCIATES, INC IN CONFORMANCE WITH THE PROVISIONS OF STATE AND LOCAL STATUTES DATED FEBRUARY 28, 2024 AND SHALL BE KEPT ON FILE FOR PUBLIC INSPECTION.
STATE OF CALIFORNIA/COUNTY OF _____________) S.S.
PUBLIC WORKS CERTIFICATE NOTICE: CERTAIN OFF-SITE AND/OR ON-SITE IMPROVEMENTS ARE REQUIRED IN
CONNECTION WITH THESE LOTS (CITY OF TULARE PLANNING COMMISSION RESOLUTION NO. 5502). NO PERSON MAY OBTAIN A BUILDING PERMIT FOR ANY LOT ON THIS MAP UNTIL THE REQUIRED IMPROVEMENTS ARE COMPLETED OR FINANCIAL SECURITY HAS
BEEN POSTED WITH THE CITY TO ASSURE COMPLETION PRIOR TO BUILDING OCCUPANCY N0° 15' 23"E 347.28' N89° 16' 30"E 200.03'
N89° 44' 37"W 200.00' N89° 44' 37"W 200.00' N89° 44' 37"W 200.00' N89° 44' 48"W 200.00' N0° 15' 23"E 368.09' N0° 43' 30"W 200.00' N0° 43' 30"W 200.00' N0° 43' 30"W 200.00' N0° 43' 30"W 200.00' N0° 43' 30"W 200.00' N89° 16' 30"E 361.39'
35 5,000 sf. N0° 43' 30"W 158.00'
N44° 44' 43"W
13.65' 29.00' N89° 16' 30"E 100.00' [N89° 16' 30"E 100.00'] 27.00' N89° 44' 37"W 111.95'
N89° 44' 37"W 112.00'
N89° 44' 37"W 112.00'
N89° 16' 30"E 100.01'
769.78' 51.00' 51.00' 51.00'
C56
N89° 44' 37"W 100.00'
51.00' 51.00' 51.00' 51.00' 51.00' 51.00' 51.00' 51.00' 51.00' 51.00' 51.00' 53.00' N89° 44' 37"W 100.00' 60.01' 61.71' 60.00' 60.00' 60.00' 66.36' N0° 43' 30"W 100.00' N0° 43' 30"W 100.00' N0° 43' 30"W 100.00' N0° 43' 30"W 100.00' N0° 43' 30"W 100.00' N0° 43' 30"W 100.00' N0° 43' 30"W 100.00' N0° 43' 30"W 100.00' N0° 43' 30"W 100.00' N0° 43' 30"W 100.00' N0° 43' 30"W 100.00' N0° 43' 30"W 100.00' N0° 43' 30"W 100.00' N0° 43' 30"W 100.00' N0° 43' 30"W 100.00' N89° 44' 37"W 100.00'
N89° 44' 37"W 104.25'
N89° 44' 37"W 109.74'
100.01'
100.00'
100.00'
100.00'
100.00'
80.35' 91.67' 172.03'
51.00' 51.00' 51.00' 33.00' 51.00' 51.00' 51.00' 51.00' 51.00' 51.00' 51.00' 51.00' 51.00' 51.00' 51.00' N56° 51' 18"W 113.74' N17° 34' 01"W 93.88'
N89° 44' 37"W 94.99' N89° 44' 37"W 100.00' N89° 44' 37"W 100.00' N89° 44' 37"W 100.00' N89° 44' 43"W 100.00' N89° 44' 37"W 100.00'
N76° 16' 25"E 92.48'
N39° 53' 40"E 126.40' N0° 15' 12"E 85.16' N0° 15' 12"E 100.00' N0° 15' 12"E 100.00' N0° 15' 12"E 100.00' N1° 39' 07"E (R) 100.00' N5° 00' 31"E (R) 100.00' N8° 21' 54"E (R) 100.00' N11° 43' 17"E (R) 100.00' 100.01'
80.35' 79.67'
100.00'
100.00'
100.00'
100.00'
80.00' 77.90' 157.90' 39.66' 59.82' 40.00' 56.38' 56.39' 56.39' 60.00' 56.39' 56.39' 56.39' 58.10' 60.01' 40.00' 40.35' 56.39' 56.39' 56.39' 56.39' 40.35' 60.00' 60.00' 60.00' 60.00' 34.91'
52.00'
52.00' 52.00'
102.35' 99.00' 70.53' 107.56' 60.00' 51.00' 51.00' 51.00' 51.00' 51.00'51.00'
52.00' 94.28'
N89° 44' 48"W 206.90' 50.00' 50.00' 41.58'
17.83' 40.98'
N89° 16' 30"E 916.26' N0° 43' 30"W 196.00'
1084.17' N0° 15' 23"E 403.08' N0° 15' 23"E 408.84' N0° 15' 23"E 232.41' N89° 16' 30"E 295.65' 305.91' 293.36' 51.00' 51.00' 51.00' 51.00' 38.18' N89° 44' 37"W (R)
R3 R2 N61° 50' 10"W (R)
N5° 16' 20"W (R) R1 N45° 14' 03"W 15.00' 160.02' 258.04' 270.04' 388.19'
49.00' 1035.17'
N89° 44' 48"W 381.91'
C21 C22 C23
C52
N17° 38' 29"E (R) 152.17' C53
C54 C55
N44° 44' 43"W 18.33' 125.04' 34' 602.87' 592.09'
N44° 45' 57"E 82.58' 74.39'
57' 57' 893.25' 879.15' 10'
N45° 43' 30"W 28.28' 14' 80.00' 80.00' 29'
N42° 03' 12"E (R)
N86° 06' 17"E (R)
R5 N1° 43' 50"W (R) R6 R7
C24 C25 C26 C27 C28 C29 30.08' 151.90'
58' 29' 29'
29' 29' 315.25' 308.65'
147.91' 147.91' 29' 10' 30.08'
29' 29' 58'
29' 29'
29' 29' 58'
C48 C49 C50 R16 R17
N10° 39' 37"E (R) N89° 04' 24"W (R) R28R29
R35
R33 R34
C35 C34 R41 R43R47R46 R44 R45 160.02'
340.02'
245.74'
61.39' 50.00' 50.00' 50.00' 50.00' 100.00' 100.00' 100.00' 100.00' 100.00' 100.00' 100.00' 100.00' 100.00' 100.00' 80.35' 79.67' 27' 27' 84'
29' 29' 58'
29' 29'
36'
25'
36'
10'
10'
10'
42.76' 50.00' 50.00' 50.00' 50.00'
50.00' 50.00' 50.00' 40.02' 50.00'
10'
2' BWE
2' BWE
2' BWE
2' BWE
2' BWE
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
70.11' N0° 43' 30"W 80.00' N44° 16' 30"E
28.28'
N45° 43' 30"W 14.14'
C89
C68 S1° 53' 05"W (R) R51 R50
R49 R48
6' PUE
54.00' 78.15' 764.12'
1083.71'
16.00'
6' PUE
6' PUE 182.56'
N89° 44' 37"W 100.00' N89° 44' 37"W 100.00'
6' PUE
6' PUE
6' PUE
6' PUE 6' PUE
C1
C6
C3 C4 C5 C2
C9 C11
C12 C13 C14 C15
C10
58' 29'
29'
HARBOUR TOWN AVENUE EUREKA STREET PALM ROYALE STREET BISHOP DRIVE R43 6' PUE
84'
58' 29'
58' 58'
2' BWE 58' N0° 43' 30"W 510.22' [N0° 43' 30"W 510.22']
58' 29' 29'
58' 29' 29'
29' 29' 29.00'
104.59' MORRISON STREET
6' PUE
C86
10'
C8
N44° 16' 30"E 14.14' 29.00' 29.00' N89° 16' 30"E 13.76' 57.00' N0° 43' 30"W 84.00' N0° 43' 30"W 88.14' [N0° 43' 30"W 88.14'] N44° 16' 30"E 28.28' [N44° 16' 30"E 28.28'] N45° 43' 30"W 5.86' [N45° 43' 30"W 5.86'] N0° 43' 30"W 71.72' [N0° 43' 30"W 71.72'] N89° 16' 30"E 19.61' [N89° 16' 30"E 19.61']
50.00' 50.00'
50.00' 50.00' 100.00'
N89° 16' 30"E 100.00' N0° 43' 30"W 100.00' N0° 43' 30"W 510.22' [N0° 43' 30"W 510.22'] N89° 44' 37"W 112.00' 50.00' 50.00' 50.00' 50.00' 58.08' 50.00' C36 C37 C38 C40 C39 C59 C58
C57
N85° 21' 12"W (R)
N81° 36' 53"W (R)
S4° 43' 43"W (R)
SEE DETAIL 'B'
SEE DETAIL 'A'
SEE DETAIL 'D' C60
C44 C43 C41 C42 N82° 36' 19"W 20.12'
20.12' C46 C45 13.83'
N45° 43' 30"W
28.28'
SEE DETAIL 'C' N45° 15' 17"E
15.00'
LOT A
23,394 sf.
38 5,100 sf.
61 5,100 sf.
32 5,000 sf. 33
5,000 sf. 34
5,000 sf.
29 5,000 sf. 28
5,000 sf. 27
5,000 sf. 26
5,000 sf.
39 5,100 sf. 40
5,100 sf. 41
5,100 sf. 42
5,100 sf. 43
5,100 sf. 44
5,100 sf. 45
5,100 sf. 46
5,100 sf. 47
5,100 sf. 48
5,100 sf. 49
5,100 sf. 50
5,100 sf. 51
5,100 sf.
57 5,100 sf.
60 5,100 sf.
59 5,100 sf.
58 5,100 sf.
63 8,578 sf.
56 5,964 sf.
55 7,140 sf.
54 9,211 sf. 52
5,100 sf. 53
6,049 sf.
62 5,553 sf.
36 5,000 sf. 37
5,000 sf.
70 5,208 sf. 69
5,208 sf. 67
5,200 sf. 66
5,200 sf.
2 5,639 sf.
3 5,639 sf.
4 5,639 sf.
5 5,725 sf. 8
5,896 sf. 9
5,639 sf. 10
5,639 sf. 11
5,639 sf.
17 6,086 sf. 16
6,000 sf. 15
6,000 sf. 14
6,000 sf. 24
5,364 sf.
23 5,556 sf.
22 5,600 sf.
21 5,600 sf.
20 5,600 sf.
68 5,178 sf. 71
5,208 sf. 65 64 5,748 sf. 7,026 sf. N0° 43' 30"W 178.00' [N0° 43' 30"W 178.00']
27.00'
52.76'
25' PROSPERITY AVENUE
166.64' 129.01'
29.00' 29.00'
SUN HILLS AVENUE EL CAMINO STREET
SEE DETAIL 'E' 58'
C17 R11 R10 R12 R13 R21 R20 C18 C61 C62 R22 R23 R24 R25 114'
C16 C20 C47
C51
C19 R9 R8 R14 R19 R18
R32 R31
C64 R26 R27
114'
31 5,971 sf. 19
6,739 sf. 18
5,918 sf. 6
5,918 sf.
1 5,914 sf. 13
5,823 sf.
30 6,135 sf.
7 5,912 sf.
25 6,577 sf.
C31 C30
C33 R42 R40 N0° 02' 52"W 58.00'
S6° 25' 54"W (R) N0° 43' 30"W 100.00'
C63
72 5,269 sf.R37
R36 R38 R1512
5,914 sf.
25'
25' 50' 61'
50'
61'
PARCEL 2 PM NO. 2002
21 PM 03, TCR
PARCEL 2
18 LS 94, TCR
PARCEL 1
18 LS 94, TCR
PARCEL 1 PM NO. 1813
19 PM 14, TCR REMAINDER PM NO. 5342 54 PM 50, TCR N0° 15' 23"E 5444.08' (N0°15' 23"E 5444.23') 2,139.47' <2146.32'> N89° 16' 30"E 2,096.75' (N89° 16' 42"E 2,096.79') 1093.71' [1093.71'] 118.35' SEE DETAIL 'F'
LOT A
23,394 sf.
C35
100.00'
F & C FARMING PHASE 1
NOTE: ALL DISTANCES SHOWN HEREON ARE DETERMINED BY MEASUREMENTS TAKEN OVER THE
SURFACE OF THE EARTH (GROUND DISTANCES) BASIS OF BEARINGS
THE WEST LINE OF THOMAS TWADDLE'S
SUBDIVISION, AS SHOWN ON PARCEL MAP NO.1509, RECORDED IN BOOK 16 OF PARCEL MAPS AT PAGE 10, TULARE COUNTY RECORDS, TAKEN AS NORTH 0°15' 23" EAST THEREON.
SCALE 1" = 60' 60' 60'
PREPARED BY: 324 S. SANTA FE, STE. A
VISALIA, CA 93292 TEL: 559.802.3052 FAX: 559.802.3215 www.4-creeks.com SHEET 2 OF 7 BASIS OF BEARINGS DETAIL 'C' 61
62 R4
C7 R3
S64° 23' 08"W (R)
DETAIL 'B' R1
2.78'
EXISTING RIGHT OF WAY
PROPOSED CENTERLINE
53 52
55 56
51.00' N0° 43' 30"W 100.00' C6 C5 C2
N89° 16' 30"W 769.78' 0.18' N0° 15' 23"W 293.36'
DETAIL 'A' 51.00'
HARBOUR TOWN AVENUE BISHOP DRIVE
BISHOP DRIVE
DETAIL 'D'
N89° 16' 30"W
2.98' 7.29' N89° 16' 30"W 245.74' N0° 02' 52"W 58.00' N0° 43' 30"W 100.00'
ECHO HILLS AVENUE
R
25'
R 29.00'
R
FOUND IP W/ NO TAG 9 IN DEEP AT INTERSECTION OF PROSPERITY AVENUE AND MORRISON STREET, PER LS 8-24 SECTION LINE SW CORNER OF PIQ C9 C1
C8
ALL DETAILS
N89° 44' 37"W 100.00'
NO SCALE
26 ECHO HILLS AVENUE
DESIGNATED REMAINDER
6.66 AC R15
MONARCH DUNES AVENUE
DETAIL 'E'
77.90' N89° 44' 48"W 157.90' C19 R16
C20 SUN HILLS AVENUE
12 C32
TSM 2024-29
(R)
TCR
PUE
BWE
( )
[ ]
FOUND AND ACCEPTED MONUMENT AS DESCRIBED
SET 3/4" IRON PIPE WITH PLASTIC CAP TAGGED "PLS 9849" (FRONT LOTS DOWN 12 INCHES, BACKLOTS DOWN 9 INCHES) SET BRASS DISC FLUSH IN CONC. TAGGED "PLS 9849" SET 3/4" IRON PIPE WITH PLASTIC CAP TAGGED "PLS 9849" 5.00 FEET FROM TRUE CORNER ALONG PROPERTY LINE 9 INCHES DEEP RADIAL BEARING
SHADED LINE INDICATES SUBDIVISION BOUNDARY WAVIER OF DIRECT ACCESS PER THIS MAP PUBLIC UTILITY EASEMENT BLOCK WALL EASEMENT
TULARE COUNTY RECORDS
SUBDIVISION BOUNDARY
TULARE COUNTY OFFICIAL RECORD
TURNAROUND EASEMENT, SEE DETAIL ON SHEET 3 EXISTING RIGHT OF WAY AS SHOWN ON THOMAS TWADDLE'S
SUBDVISION
RECORD DATA PER PARCEL MAP NO. 1509, REC. IN BK. 16 OF PARCEL MAPS, PG. 10, TCR RECORD DATA PER LOT LINE ADJUSTMENT NO. PLA 24-025 PERFECTED BY GRANT DEED RECORDED 02/24/25 AS DOCUMENT NO. 2025-0008069, O.R. RECORD DATA PER THOMAS TWADDLE'S SUBDIVISION BK. 5 OF MAPS, PG. 4 TCR < > R
PIQ
8' PUE
8' PUE 8' PUE 8' PUE
LEGEND
N89° 44' 37"W 94.99'
DETAIL 'F'
C36 C34
R41 72
N61° 13' 22"E 3.82' R40
O.R.
C35
R42
2' BWE
100.00'
R
8' PUE
8' PUE 8' PUE
8' PUE
T
T
27 T
50.00' 27.34' 15.36' N0° 43' 30"E 29.00'N89° 16' 30"W 20.00' N14° 55' 54"W 29.91' 6' PUE
N50° 15' 12"E 117.00' 29.00' N89° 16' 30"E 295.65'
C52
N17° 38' 29"E (R) 152.17'
C54 C55
N39° 39' 53"E (R) 116.27' N43° 15' 33"E (R) 107.08' N46° 51' 13"E (R) 101.69' 100.00'
N39° 44' 48"W 100.00'
C72
C73
C74
80.00'
N39° 44' 48"W 158.00'
58.79'
57.18'
65.00'
45.00'
52.00'
17.00' C86
N39° 44' 48"W 131.00' 146.00'
R28R29
R35 R34
29' 29' 58'
29' 29'
N89° 16' 30"E 2.98'
59.72'
N39° 41' 20"W 175.69'
170.62'
R59
100.00'
29.00' 97.00'
C87
C88
R53
R30
C68
6' PUE
327.26'
192.30'
N50° 15' 12"E 679.14'
C118
C71
BIGHORN AVENUE
29'
58' 29'
29'
SUNHILLS AVENUE
61' 32' 29' 192.30'
MONARCH DUNES AVENUE
BANDON TRAILS AVENUE EUREKA ST
72 129
128
127
126
114
78 6' PUE
58'
58' 29'29'
N50° 15' 12"E 175.99' [N50° 15' 12"E 175.99']
52.00'
29' 29' 29.00'
104.59' 6' PUE
6' PUE
LOT C
2,069 sf.
N39° 44' 48"W 328.67' [N39° 44' 48"W 328.67'] N0° 43' 30"W 510.22' [N0° 43' 30"W 510.22'] 73 6,180 sf. 74
5,753 sf.
77 5,200 sf.
C70
604.17'
24 25
23 22
30 29 28 27 26
N89° 16' 30"E 71.70'
SEE DETAIL 'G' 82.00'
N89° 16' 30"E 80.24' N0° 02' 52"W 7.97' N0° 02' 52"W 9.13' N89° 57' 08"E 58.00' 166.64' 129.01' N0° 02' 52"W 57.56'
29.00' 29.00'
58' S0° 43' 30"E (R)
S89° 57' 08"W (R)S0° 43' 30"E (R)
C66 C65 S0° 43' 30"E (R) N89° 57' 08"E (R)
29.00'
C69 R39 R52 N0° 02' 52"W 58.00'
C75 R54 R55 76
6,414 sf.
C67
75 5,447 sf.
PREPARED BY: 324 S. SANTA FE, STE. A
VISALIA, CA 93292 TEL: 559.802.3052 FAX: 559.802.3215 www.4-creeks.com SHEET 3 OF 7 F & C FARMING PHASE 1
LEGEND
(R)PUE
TCR O.R.
[ ]
BASIS OF BEARINGS
THE WEST LINE OF THOMAS TWADDLE'S
SUBDIVISION, AS SHOWN ON PARCEL MAP NO.1509, RECORDED IN BOOK 16 OF PARCEL MAPS AT PAGE 10, TULARE COUNTY RECORDS, TAKEN AS NORTH 0°15' 23" EAST THEREON.
SCALE 1" = 60'
FOUND AND ACCEPTED MONUMENT AS DESCRIBED
SET 3/4" IRON PIPE WITH PLASTIC CAP TAGGED "PLS 9849" (FRONT LOTS DOWN 12 INCHES, BACKLOTS DOWN 9 INCHES) SET BRASS DISC FLUSH IN CONC. TAGGED "PLS 9849" RADIAL BEARING
SHADED LINE INDICATES SUBDIVISION BOUNDARY
PUBLIC UTILITY EASEMENT
TULARE COUNTY RECORDS
TULARE COUNTY OFFICIAL RECORD
RECORD DATA PER LOT LINE ADJUSTMENT NO. PLA 24-025 PERFECTED BY GRANT DEED RECORDED 02/24/25 AS DOCUMENT NO. 2025-0008069 O.R. WAVIER OF DIRECT ACCESS PER THIS MAP
TURNAROUND EASEMENT
60'
SAGE VALLEY AVENUE
60'
DETAIL 'G'
C74
100.00' N50° 15' 12"E 117.00'
2.00'
80.00' N39° 44' 48"E 82.00'
R59
C70 75
76 MONARCH DUNES AVENUE
ALL DETAILS
NO SCALE
DESIGNATED REMAINDER
6.66 AC
TSM 2024-29
PARCEL B PLA 24-025 DOC. NO. 2025-0008069, TCR
ECHO HILLS AVENUE
T
TEMPORARY TURNAROUND EASEMENT REC.
T
N50° 15' 12"E 518.93'
N89° 44' 37"W
220.00'
N0° 15' 23"E
545.75'
N89° 44' 37"W 185.00'
N39° 44' 48"W 110.00'
N39° 44' 48"W 110.00'
N39° 44' 48"W 110.00'
N39° 44' 48"W 110.00'
N39° 44' 48"W 110.00'
N39° 44' 48"W 110.00'
N39° 44' 48"W 110.00'
C86 N39° 44' 48"W 131.00' N37° 20' 18"W (R) 110.58' N39° 44' 48"W 110.00' N30° 40' 47"W (R) 110.00' N34° 48' 59"W (R) 110.68' N29° 36' 50"W (R) 110.55' N24° 01' 15"W (R) 109.67'
N24° 24' 40"W 106.10' N54° 40' 08"W 135.13'
278.00'
N89° 44' 37"W 110.00'
N89° 44' 37"W 110.00' 82.00' 99.32' N39° 44' 48"W 110.00' N39° 44' 48"W 110.00' N39° 44' 48"W 110.00' N39° 44' 48"W 110.00' N39° 44' 48"W 110.00' N39° 44' 48"W 110.00' N39° 44' 48"W 110.00' 115.89'
63.81'
124.29' 63.80'
60.00'
60.00'
60.00'
60.00'
65.57'
110.00'
110.00'
N89° 44' 37"W 110.00'
N89° 44' 37"W 110.00'
N89° 44' 37"W 110.00'
N89° 44' 37"W 110.00'
N89° 44' 37"W 110.00'
N89° 44' 37"W 110.00'
N89° 44' 37"W 110.00'
N89° 44' 37"W 104.83'
97.37'
67.96' 60.00' 60.00' 60.00' 60.00' 60.00' 60.00' 60.00'
56.54'
63.81'
63.80'
63.80'
63.80'
63.80'
63.80'
45.06'
90.12'
89.89' 46.08'
60.00'
60.00'
60.00'
60.00' 60.00' 60.00' 60.00' 60.00' 60.00' 58.00'
61.88' 62.00' 62.00' 62.00' 62.00' 62.00' 62.00' 40.84' C177 C173 C172
R59
C87 R53
N50° 15' 12"E 519.55' 327.26' 192.30'
481.14'
474.73'
N50° 15' 12"E (R) 679.14' 533.14' 648.30'
C175 C174
C155
C153
433.55'
N0° 15' 23"E 51.61'
R101 R102
R104
C159 C160 C158 C157 C156
N17° 27' 50"W (R)
R93
R94
R103
263.67'
180.00'
484.40'
N0° 15' 23"E 361.53'
N0° 15' 23"E 928.86'
630.03'
577.60'
N45° 25' 10"E 15.00'
N89° 44' 37"W 185.00'
10'
577.60' N32° 15' 54"W (R)
58'
29'
29'
58' 29'
29'
58'
29'
29'
58' 29'
29'
58' 29'
29'
58' 29'
29'
BISHOP STREET SAGE VALLEY AVENUE
BIGHORN AVENUE
C176
C118
C183
29'
N56° 16' 59"W 15.00'
10'
DESIGNATED REMAINDER
6.66 AC
N0° 34' 57"E 482.15' [N0° 34' 57"E 482.15']
N89° 25' 03"W 195.71' [N89° 25' 03"W 195.71']
BANDON TRAILS AVENUE
PALM ROYALE STREET
ISLEWORTH AVENUE
BISHOP STREET
298.83'
58'
29'
29'
N50° 15' 12"E 175.99' [N50° 15' 12"E 175.99']
N44° 34' 50"W 14.18'
MORRISON STREET 146.00'
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
3.14' C178
63.80'
63.80'
63.80'
63.80' N2° 23' 50"W (R)
S54° 40' 08"E (R)
N0° 34' 57"E 476.78'
N89° 44' 37"W (R)
78.29' 62.00' 62.00' 62.00' 62.00' 62.00' 62.00' 68.65'
60.00' 37.59'
SEE DETAIL 'I'
SEE DETAIL 'J'
C161
C164 113 112 6,820 sf. 111 6,820 sf. 110 6,820 sf. 6,820 sf. 108 6,820 sf.
79 6,600 sf. 80
6,600 sf. 81
6,600 sf. 82
6,600 sf. 83
6,600 sf.
109
6,820 sf.
84 6,600 sf. 85
6,600 sf.
102
7,019 sf. 101
7,018 sf. 100
7,018 sf. 99
7,018 sf. 98
7,018 sf.
91 6,561 sf. 92
6,600 sf. 93
6,600 sf. 97
7,018 sf.
94 6,600 sf.
R97 604.17'
N89° 25' 03"W 296.05'
29.00'
29.00'
29'
29' 58'
N89° 25' 03"W 417.01'
139.00'
278.77'
65.00'
60.00'
60.00'
60.00' N89° 25' 03"W 8.15' N89° 16' 25"W 890.03'
609.56'
30.84'
N70° 05' 13"E (R) 58.00'
29.00' 29.00' C165
C163
C162
C180 C181 C182
90 9,131 sf.
C169
C154
103
9,161 sf.
C187 96
7,093 sf.
C186
95 7,160 sf.
R109
R110
R107 R108
C167 N69° 01' 36"E (R) R98
C76 C77
C83
R58
R60 R62
C82 C81
S49° 38' 53"W (R)
R96 R95
R61
C78
R57 AVENUE MONARCH DUNESC80
C79
78 7,471 sf.
114
8,250 sf. SEE DETAIL 'H' S39° 44' 48"E (R)
S61° 36' 09"W (R)
PARCEL 2 PM NO. 5342 54 PM 50, TCR
N0° 34' 56"E 48.00' [N0° 34' 56"E 48.00']
107
7,300 sf.
86 7,122 sf.
106
7,712 sf.
87 7,185 sf.
105
7,699 sf. 104
9,434 sf.
88 7,169 sf. 89
8,723 sf.
47.73' 29.09' 30.97' 59.98' 115.38'
110.83' N56° 25' 34"E 76.81' N62° 27' 11"E 72.25'
N69° 55' 48"E 115.38' 4.55' 12.27'
C166 S70° 05' 13"W (R)
REMAINDER 6.66 acres
LOT C
2,069 sf.
LOT D
108,190 sf.
8' PUE
PREPARED BY: 324 S. SANTA FE, STE. A
VISALIA, CA 93292 TEL: 559.802.3052 FAX: 559.802.3215 www.4-creeks.com SHEET 4 OF 7 F & C FARMING PHASE 1
BASIS OF BEARINGS
THE WEST LINE OF THOMAS TWADDLE'S
SUBDIVISION, AS SHOWN ON PARCEL MAP NO.1509, RECORDED IN BOOK 16 OF PARCEL MAPS AT PAGE 10, TULARE COUNTY RECORDS, TAKEN AS NORTH 0°15' 23" EAST THEREON.
SCALE 1" = 60' 60'
144
145
146
147 148
149
150
151
152 153
154
155 156
157 158
159
160
162
163
165
165
166
121
120
119 118 117 116 115
126
91 90 LEGEND
(R)
PUE
BWE
FOUND AND ACCEPTED MONUMENT AS DESCRIBED
SET 3/4" IRON PIPE WITH PLASTIC CAP TAGGED "PLS 9849" (FRONT LOTS DOWN 12 INCHES, BACKLOTS DOWN 9 INCHES) SET BRASS DISC FLUSH IN CONC. TAGGED "PLS 9849" SET 3/4" IRON PIPE WITH PLASTIC CAP TAGGED "PLS 9849" 5.00 FEET FROM TRUE CORNER ALONG PROPERTY LINE 9 INCHES DEEP RADIAL BEARING
SHADED LINE INDICATES SUBDIVISION BOUNDARY WAVIER OF DIRECT ACCESS PER THIS MAP [ ]
PUBLIC UTILITY EASEMENT BLOCK WALL EASEMENT
TULARE COUNTY RECORDS
TULARE COUNTY OFFICIAL RECORD
RECORD DATA PER LOT LINE ADJUSTMENT NO. PLA 24-025 PERFECTED BY GRANT DEED RECORDED 02/24/25 AS DOCUMENT NO. 2025-0008069, TCR
N66° 28' 55"E (R)
DETAIL 'I' NO SCALE
C183
C182
N69° 16' 25"E (R) N89° 44' 37"W 104.83' C180
76 75
74 73
60'
PALM ROYALE STREET
6' PUE
2' BWE
LOT B
20,057 sf.
CASTLE ROCK
AVENUE
BIGHORN AVENUE
C184
C178 C177
2' BWE
58' 29'
29'
DESIGNATED REMAINDER
6.66 AC
N2° 23' 50"W (R) R102
N24° 24' 40"W 106.10' C181 C179 C180
DETAIL 'J' NO SCALE
89 BANDON TRAILS AVENUE
88 N0° 15' 23"E 431.20'
TSM 2024-29
170.62'
LOT C
R61
SAGE VALLEY AVENUE
114
C85 C84 C83 N41° 24' 24"E (R)
C81
C79
DETAIL 'H' NO SCALE
61.88' N50° 15' 21"E R62
PARCEL B PLA 24-025 DOC. NO. 2025-0008069, TCR N0° 15' 23"E 397.83' [N0° 15' 23"E 400.01'] TCR O.R.
N89° 44' 48"W 381.91'
C86 R43
C172
R59
C87
C88
C89
R53
N50° 15' 12"E 519.55'
327.26'
192.30'
C153 R93
R94
R103 N0° 15' 23"E 928.86' 63.48' 287.78'
260.95'
47.97'
61.00'
61.00'
90.98'
144.13'
66.42'
65.00' 12.71' N50° 15' 12"E 248.40'
N39° 44' 48"W 107.00' N39° 44' 48"W 107.00' N28° 21' 21"W 107.00' N39° 44' 48"W 121.81' N39° 44' 48"W 121.81' N39° 44' 48"W 121.81' N37° 23' 26"W 121.55' N27° 57' 30"W 121.81' N18° 32' 26"W 121.81' 193.21' 99.90' 93.32'
64.40'
61.00'
61.00'
62.00' 65.00'
156.65'
C152 N37° 32' 04"W (R) N28° 06' 37"W (R) N18° 41' 09"W (R) C142
C128
C131
C137 C138 C126 N4° 49' 06"E 59.69'
C118
C111 C114
C117
N50° 15' 12"E 164.85'
N83° 06' 43"E 20.13'
C113 C115 C116 N23° 18' 40"E (R) 117.00' N17° 56' 46"E (R) 117.00' N12° 34' 52"E (R) 117.00' N0° 15' 12"E 126.22' N0° 15' 12"E 114.96' N0° 15' 12"E 186.07' N89° 44' 48"W 124.24'
N89° 44' 48"W 95.03'
143.15' 107.95'
N89° 44' 37"W 100.55'
N89° 44' 37"W 112.77'
N89° 44' 37"W 110.29'
N89° 44' 37"W 110.00'
N89° 44' 37"W 110.00'
N89° 44' 37"W 110.00'
N89° 44' 37"W 110.00'
N89° 44' 37"W 110.00'
N89° 44' 37"W 110.00'
N89° 44' 37"W 110.00'
N89° 44' 37"W 110.00'
N89° 44' 37"W 110.00'
N89° 44' 37"W 185.00'
N89° 44' 48"W 147.91' N89° 44' 48"W 128.05' N29° 08' 56"W (R) 15.03' N34° 27' 02"E (R) 24.76' 103.65'90.59'
9.41'
N45° 15' 17"E 14.08' 78.32' 62.00' 62.00' 62.00' 62.00' 62.00' 62.00' 62.00' 62.00' 62.00' 62.00' 62.00' 581.03' 62.00' 62.00' 62.00' 62.00' 62.00' 62.00' 62.00' 62.00' 32.03' 121.86' 71.37'
50.49' 59.07' 60.00' 67.00'
104.73' 38.42'
C129 C130
C132
C133 C134 C135 C136 C139 C141
R76 R75 R72 R71
R74 N16° 57' 59"W 15.00' R73
R68R67 S1° 53' 05"W (R)
R64
R65
R79
R87
R86 R82
R84 R83
S88° 37' 13"E (R)
S86° 17' 42"E (R)
N62° 52' 19"E (R)
S76° 18' 44"E (R)
N87° 46' 34"W (R) C140 R51 R50
R49 R48 827.06' 803.32' 10'
10' 577.60' R88 N28° 04' 50"W (R) R85
R70 S19° 32' 02"W (R)
C146
58'
29' 29'
58' 29' 29'
58' 29' 29' BISHOP STREET MORRISON STREET BISHOP COURT
SAGE VALLEY AVENUE
BIGHORN AVENUE
114
113
112
111
110
109
108
107
106
105
104
103
102
101
100
BIGHORN AVENUE
58' 29' 29'
58' 29' 29' 58'
29' 29'
58'29'
29'
MONARCH DUNES AVENUE
R80
36'
N56° 16' 59"W 15.00'
DESIGNATED REMAINDER
BANDON TRAILS AVENUE
58' 29'
29'
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
2' BWE
2' BWE SECTION LINE NW CORNER OF PIQ
N89° 44' 37"W (R)
C112 N28° 40' 34"E (R) 117.00'
147 C161
6,820 sf.
146
6,820 sf.
145
6,820 sf.
144
6,820 sf.
143
6,820 sf.
142
6,820 sf.
141
6,820 sf.
140
6,820 sf.
134
6,456 sf.
135
7,021 sf.
138
6,902 sf.
139
6,823 sf.
117
7,430 sf.
116
7,430 sf. 124
6,955 sf.
137
6,902 sf. 915.97' 278.77'
C124
25' 11'
N70° 05' 13"E (R) 58.00'
29.00' 29.00'
C165
C162
C144
C145 C143
C147 C101
C92 C93 C94 C95 C96 C97 C98 C99
C100
S6° 25' 54"W (R)
N2° 06' 27"W 20.99'
C119
C120
C123
C121 C122
R69
R77 R78
115
11,328 sf.
125
12,734 sf.
130
8,028 sf. 131
6,842 sf. 129
7,663 sf. 128
7,663 sf. 127
7,663 sf.
132
9,564 sf.
C102
C104 R63
R66
N20° 15' 12"E (R)
C105
C106
C107
C108
C109 C110
C125 C127 R81
C151
C150 C149 C148 R91 R92 R90 R89
C103
126
8,647 sf. 133
13,701 sf.
N27° 36' 57"E (R)
12' 136
8,743 sf. PARCEL 3 PM NO. 5342 54 PM 50, TCR PARCEL 2 PM NO. 5342 54 PM 50, TCR N0° 34' 56"E 48.00' [N0° 34' 56"E 48.00'] N0° 15' 23"E 5444.08' (N0°15' 23"E 5444.23') 2,139.47' <2146.32'> SW CORNER OF PIQ N57° 22' 39"E
N66° 33' 12"E
N76° 17' 22"E
60.99'
61.00'
65.00'
26.75'
122
10,471 sf.
123
8,212 sf.
118
7,856 sf. 119
8,699 sf. 120
8,709 sf. 121
10,310 sf.
C166
C90 C91 LOT B
19,182 sf.
LOT B
20,086 sf. 2' BWE
LOT D
108,190 sf. N0° 15' 23"E 15.50' N0° 15' 23"E 15.50'
8' PUE
N89° 44' 37"W 110.00'
N89° 44' 37"W 185.00' 43.00'
87.32' N89° 44' 37"W 45.27'
N44° 44' 37"W 28.28' 53.00'
R113 R114
C198
C200
C199
R116 R117 R115
30.77' N45° 15' 23"E 7.78'
148
6,721 sf. 10' 2' BWE 8' PUE
19.27' 26.00' 26.00' 7.73' 53.59'
PREPARED BY: 324 S. SANTA FE, STE. A
VISALIA, CA 93292 TEL: 559.802.3052 FAX: 559.802.3215 www.4-creeks.com SHEET 5 OF 7
F & C FARMING
BASIS OF BEARINGS
THE WEST LINE OF THOMAS TWADDLE'S
SUBDIVISION, AS SHOWN ON PARCEL MAP NO.1509, RECORDED IN BOOK 16 OF PARCEL MAPS AT PAGE 10, TULARE COUNTY RECORDS, TAKEN AS NORTH 0°15' 23" EAST THEREON.
SCALE 1" = 60' 60' 915.97'
TYPICAL OFFSET WITNESS CORNERS
FOR LOT ANGLE POINTS WHEN UNABLE
TO PLACE ALONG LOT SIDELINES
5' 5'
STREET
5' LOT INTERIOR
60'
R
73 74
C91
CASTLEROCK AVENUE
TSM 2024-29 BASIS OF BEARINGS
LEGEND
(R)
TCR
PUE BWE
[ ]
FOUND AND ACCEPTED MONUMENT AS DESCRIBED
SET 3/4" IRON PIPE WITH PLASTIC CAP TAGGED "PLS 9849" (FRONT LOTS DOWN 12 INCHES, BACKLOTS DOWN 9 INCHES) SET BRASS DISC FLUSH IN CONC. TAGGED "PLS 9849" SET 3/4" IRON PIPE WITH PLASTIC CAP TAGGED "PLS 9849" 5.00 FEET FROM TRUE CORNER ALONG PROPERTY LINE 9 INCHES DEEP RADIAL BEARING
SHADED LINE INDICATES SUBDIVISION BOUNDARY WAVIER OF DIRECT ACCESS PER THIS MAP
PUBLIC UTILITY EASEMENT BLOCK WALL EASEMENT
TULARE COUNTY RECORDS
SUBDIVISION BOUNDARY
TULARE COUNTY OFFICIAL RECORD
EXISTING RIGHT OF WAY AS SHOWN ON MAP OF THOMAS TWADDLE'S
SUBDVISION
RECORD DATA PER LOT LINE ADJUSTMENT NO. PLA 24-025 PERFECTED BY GRANT DEED RECORDED 02/24/25 AS DOCUMENT NO. 2025-0008069, O.R. RECORD DATA PER THOMAS TWADDLE'S SUBDIVISION BK. 5 OF MAPS, PG. 4 TCR < > R
53'
24'
29'
58'
29'
29'
19' 26.10' N0° 15' 23"E 827.06' 803.32'
DETAIL 'K'
ALL DETAILS
NO SCALE
58' 29' 29' 10'
8' PUE
8' PUE
SEE DETAIL 'K' 581.03'
LOT B
19,182 sf.
16' 10'
DESIGNATED REMAINDER 6.66 AC
CASTLEROCK AVENUE
LOT E SEE SHEET 6
PIQ
O.R.
R
R
25'
25'
LOT B
19,182 sf. 8' PUE
8' PUE
8' PUE
LOT G
403 sf. LOT F
501 sf.
278.00'
C172 N0° 15' 23"E 51.61'
R103 N0° 15' 23"E 361.53' N0° 15' 23"E 928.86' 298.83' 577.60' N45° 25' 10"E 15.00' N89° 44' 37"W 185.00'
10' 577.60' 280.79' 194.93' 55.67' 60.00' 60.00' 45.11' 133.42' 70.14' 60.00' 60.00' 60.00' 60.00' 60.00' 60.00' 60.00' 50.00' 40.00' 60.00' 60.00' 60.00' 119.93' 33.82' N0° 34' 57"E 106.37' N0° 34' 57"E 106.52' N0° 34' 57"E 106.22' N6° 36' 49"E 96.49' N53° 46' 12"E 136.12' N89° 44' 37"W 100.50'
N89° 44' 37"W 110.00'
N89° 44' 37"W 110.00'
N89° 44' 37"W 110.00' 110.00'
110.00'
110.00'
90.12'
80.00'87.32' 373.75' 383.67' N45° 15' 23"E 28.28' N45° 15' 23"E 28.28'
24.93'
60.00' 60.00' 60.00' 128.20'
N32° 15' 54"W (R)
S89° 44' 37"E (R) N63° 25' 42"W (R) R111
S25° 43' 58"E (R)
N79° 04' 25"W (R)
S53° 46' 12"W (R) N6° 36' 49"E (R)
58' 29' 29'
58' 29' 29'
58' 29' 29'
58' 29' 29'
58' BISHOP STREET MORRISON STREET
C194
C188
C193
C189
C192
C191 C190 10.42'
N56° 16' 59"W 15.00' 6' PUE
6' PUE
2' BWE
10'
10'
29'
6' PUE
BANDON TRAILS AVENUE PALM ROYALE STREET
ISLEWORTH AVENUE BISHOP STREET 298.83'
29'
N44° 34' 50"W 14.18'
6' PUE
36.00' MORRISON STREET NW CORNER OF PIQ 60.00' 60.00'
60.00' 60.00' 60.00' S0° 34' 57"W 106.67' N0° 34' 57"E 106.82' N0° 34' 57"E 106.97' N0° 34' 57"E 107.12' 110.00'
C170
N89° 44' 37"W (R)
C161
152
6,464 sf.
151
6,600 sf.
150
6,600 sf. 163
6,600 sf.
164
6,600 sf.
165
6,600 sf.
161
6,423 sf. 160
6,414 sf. 159
6,405 sf. 158
6,396 sf. 157
6,387 sf. 156
6,378 sf.
153
8,409 sf.
C168 10.00'
R97 N89° 25' 03"W 296.05' 29.00' 29.00' 29'
58' 29'
280.47'
N89° 25' 03"W 417.01' 139.00' 362.26' 278.77' 65.00' 60.00' 60.00' 60.00' N0° 15' 23"E 431.20' N89° 25' 03"W 8.15' N89° 16' 25"W 890.03'
609.56'
N70° 05' 13"E (R) 58.00'
29.00' 29.00'
C165
C162
154
11,223 sf. 155
6,571 sf.
C169
C185
162
R105 7,065 sf. R106
C195 C197 C196R113 R114 R112 149
6,391 sf.
C171R99 R100
C167
N69° 01' 36"E (R)
R98
166
10,598 sf.
S39° 44' 48"E (R)
S61° 36' 09"W (R) PARCEL 2 PM NO. 5342 54 PM 50, TCR PARCEL 4 PM NO. 5342 54 PM 50, TCR N0° 15' 23"E 397.83' [N0° 15' 23"E 400.01'] N0° 34' 56"E 48.00' [N0° 34' 56"E 48.00'] 432.37' 25' N0° 15' 23"E 5444.08' (N0°15' 23"E 5444.23') 2,139.47' <2146.32'> C166S70° 05' 13"W (R)
REMAINDER
6.66 acres
LOT E
5,060 sf.
LOT D
108,190 sf.
8' PUE
PREPARED BY: 324 S. SANTA FE, STE. A
VISALIA, CA 93292 TEL: 559.802.3052 FAX: 559.802.3215 www.4-creeks.com SHEET 6 OF 7
F & C FARMING
LEGEND
(R)
TCR
PUE
BWE
( )
[ ]
BASIS OF BEARINGS
THE WEST LINE OF THOMAS TWADDLE'S
SUBDIVISION, AS SHOWN ON PARCEL MAP NO.1509, RECORDED IN BOOK 16 OF PARCEL MAPS AT PAGE 10, TULARE COUNTY RECORDS, TAKEN AS NORTH 0°15' 23" EAST THEREON. SCALE 1" = 60'
FOUND AND ACCEPTED MONUMENT AS DESCRIBED
SET 3/4" IRON PIPE WITH PLASTIC CAP TAGGED "PLS 9849" (FRONT LOTS DOWN 12 INCHES, BACKLOTS DOWN 9 INCHES) SET BRASS DISC FLUSH IN CONC. TAGGED "PLS 9849" SET 3/4" IRON PIPE WITH PLASTIC CAP TAGGED "PLS 9849" 5.00 FEET FROM TRUE CORNER ALONG PROPERTY LINE 9 INCHES DEEP RADIAL BEARING
SHADED LINE INDICATES SUBDIVISION BOUNDARY WAVIER OF DIRECT ACCESS PER THIS MAP
PUBLIC UTILITY EASEMENT BLOCK WALL EASEMENT
TULARE COUNTY RECORDS
SUBDIVISION BOUNDARY
EXISTING RIGHT OF WAY AS SHOWN ON MAP OF THOMAS TWADDLE'S
SUBDVISION
RECORD DATA PER PARCEL MAP NO. 1509, REC. IN BK. 16 OF PARCEL MAPS, PG. 10, TCR RECORD DATA PER LOT LINE ADJUSTMENT NO. PLA 24-025 PERFECTED BY GRANT DEED RECORDED 02/24/25 AS DOCUMENT NO. 2025-0008069, TCR RECORD DATA PER THOMAS TWADDLE'S SUBDIVISION BK. 5 OF MAPS, PG. 4 TCR 60' BASIS OF BEARINGS
< >
TYPICAL OFFSET WITNESS CORNERS
FOR LOT ANGLE POINTS WHEN UNABLE
TO PLACE ALONG LOT SIDELINES
5' 5'
STREET
5' LOT INTERIOR
60'
BANDON TRAILS AVENUE R
R
CASTLEROCK AVENUE
LOT 5 THOMAS TWADDLE'S SUBDIVISION
(BOOK 5, OF MAPS, PAGE 4, TCR) NOTHING FOUND
SW COR OF PARCEL 6 OF
THOMAS TWADDLES SUBDIVISION
95 94
93 92
91 90
89 88
87 86
85 96 97 98 99 100
LOT D
108,197 sf
29' 29' 58.0000'
TSM 2024-29 PARCEL B PLA 24-025 DOC. NO. 2025-0008069, TCR PIQ
8' PUE
R
R
25'
25'
TEMPORARY TURNAROUND EASEMENT REC.
CURVES
CURVE # C1C2C3C4C5C6C7C8C9C10C11 C12 C13 C14 C15 C16 C17 C18 C19 C20C21 C22 C23 C24 C25 C26 C27 C28 C29 C30C31 C32 C33 C34 C35 C36 C37 C38 C39 C40C41 C42 C43 C44LENGTH
22.90' 123.48' 26.86' 49.36' 47.25' 22.90' 0.32' 22.58' 23.00' 124.54' 26.62' 38.44' 38.21' 21.27' 23.00' 31.42' 31.07' 31.76' 2.06' 31.46' 293.61' 51.12' 242.49' 234.88' 22.92' 55.01' 55.01' 55.01' 46.93' 32.48' 11.54' 20.94' 30.26' 203.71' 212.97' 45.04' 49.15' 49.15' 49.15' 20.48' 18.82' 20.07' 20.07' 21.31' RADIUS
50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 20.00' 20.00' 20.00' 997.00' 20.00' 968.00' 968.00' 968.00' 939.00' 939.00' 939.00' 939.00' 939.00' 939.00' 20.00' 20.00' 20.00' 20.00' 829.00' 839.00' 839.00' 839.00' 839.00' 839.00' 839.00' 151.00' 161.00' 161.00' 171.00' DELTA
26°14'14" 141°29'36" 30°47'05" 56°33'50" 54°08'42" 26°14'14" 0°22'00" 25°52'15" 26°21'17" 142°42'45" 30°30'22" 44°03'06" 43°47'02" 24°22'15" 26°21'17" 90°00'11" 89°01'07" 90°58'53" 0°07'06" 90°06'54" 17°22'44" 3°01'33" 14°21'11" 14°19'54" 1°23'56" 3°21'23" 3°21'23" 3°21'23" 2°51'49" 93°03'23" 33°03'23" 60°00'00" 86°41'29" 14°04'46" 14°32'37" 3°04'32" 3°21'23" 3°21'23" 3°21'23" 1°23'56" 7°08'30" 7°08'30" 7°08'30" 7°08'30" CURVES
CURVE # C45 C46 C47 C48 C49 C50C51 C52 C53 C54 C55 C56 C57 C58 C59 C60C61 C62 C63 C64 C65 C66 C67 C68 C69 C70C71 C72 C73 C74 C75 C76 C77 C78 C79 C80C81 C82 C83 C84 C85 C86 C87 C88LENGTH
7.96' 13.36' 29.45' 153.58' 82.80' 70.78' 32.09' 242.74' 15.83' 201.27' 25.64' 168.65' 59.27' 50.31' 50.06' 9.02' 31.07' 31.76' 31.07' 31.76' 31.18' 31.65' 29.33' 179.33' 30.26' 423.98' 270.78' 52.01' 52.01' 49.19' 31.42' 31.42' 10.47' 20.94' 117.04' 8.00' 109.03' 100.92' 28.79' 21.17' 7.61' 698.13' 147.84' 307.50' RADIUS
171.00' 171.00' 20.00' 997.00' 997.00' 997.00' 20.00' 800.00' 800.00' 800.00' 800.00' 771.00' 771.00' 771.00' 771.00' 771.00' 20.00' 20.00' 20.00' 20.00' 20.00' 20.00' 20.00' 829.00' 20.00' 829.00' 829.00' 829.00' 829.00' 829.00' 20.00' 20.00' 20.00' 20.00' 758.00' 758.00' 758.00' 768.00' 20.00' 20.00' 20.00' 800.00' 800.00' 800.00' DELTA
2°39'58" 4°28'31" 84°21'17" 8°49'34" 4°45'30" 4°04'04" 91°56'17" 17°23'06" 1°08'02" 14°24'53" 1°50'11" 12°32'00" 4°24'16" 3°44'19" 3°43'12" 0°40'13" 89°01'07" 90°58'53" 89°01'07" 90°58'53" 89°19'22" 90°40'38" 84°01'42" 12°23'41" 86°41'29" 29°18'12" 18°42'53" 3°35'40" 3°35'40" 3°23'58" 90°00'00" 90°00'00" 30°00'00" 60°00'00" 8°50'48" 0°36'18" 8°14'30" 7°31'43" 82°28'17" 60°39'40" 21°48'37" 50°00'00" 10°35'19" 22°01'24" CURVES
CURVE # C89 C90C91 C92 C93 C94 C95 C96 C97 C98 C99 C100 C101 C102 C103 C104 C105 C106 C107 C108 C109 C110 C111 C112 C113 C114 C115 C116 C117 C118 C119 C120 C121 C122 C123 C124 C125 C126 C127 C128 C129 C130 C131 C132LENGTH 242.78' 21.81' 18.32' 466.58' 456.36' 21.58' 60.16' 81.35' 70.98' 70.98' 70.98' 80.34' 36.72' 25.39' 20.94' 4.45' 269.03' 48.42' 60.02' 60.02' 60.02' 40.55' 17.60' 16.28' 1.32' 79.15' 63.54' 15.61' 19.05' 333.72' 38.53' 231.43' 105.27' 126.16' 16.36' 55.19' 40.04' 119.43' 108.55' 35.12' 7.85' 27.27' 246.50' 40.86' RADIUS
800.00' 175.00' 147.00' 768.00' 758.00' 758.00' 758.00' 758.00' 758.00' 758.00' 758.00' 758.00' 20.00' 20.00' 20.00' 20.00' 641.00' 641.00' 641.00' 641.00' 641.00' 641.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 612.00' 20.00' 583.00' 583.00' 583.00' 20.00' 206.19' 20.00' 1,500.00' 1,471.00' 49.00' 49.00' 49.00' 54.00' 54.00' DELTA
17°23'17" 7°08'29" 7°08'29" 34°48'32" 34°29'44" 1°37'53" 4°32'49" 6°08'57" 5°21'54" 5°21'54" 5°21'54" 6°04'22" 105°11'28" 72°45'03" 60°00'00" 12°45'03" 24°02'51" 4°19'40" 5°21'54" 5°21'54" 5°21'54" 3°37'28" 20°10'08" 18°39'33" 1°30'35" 90°42'04" 72°48'43" 17°53'21" 21°49'44" 31°14'34" 110°22'26" 22°44'41" 10°20'44" 12°23'57" 46°52'54" 15°20'07" 114°41'52" 4°33'43" 4°13'41" 41°03'43" 9°10'25" 31°53'18" 261°32'54" 43°21'08" CURVES
CURVE # C133 C134 C135 C136 C137 C138 C139 C140 C141 C142 C143 C144 C145 C146 C147 C148 C149 C150 C151 C152 C153 C154 C155 C156 C157 C158 C159 C160 C161 C162 C163 C164 C165 C166 C167 C168 C169 C170 C171 C172 C173 C174 C175 C176LENGTH
54.45' 59.94' 82.92' 8.34' 34.65' 114.38' 22.35' 62.05' 29.97' 135.43' 25.88' 111.28' 57.49' 53.79' 34.72' 262.84' 81.63' 81.09' 81.09' 19.04' 335.73' 28.69' 309.48' 95.19' 63.06' 64.04' 64.04' 23.16' 114.52' 80.61' 33.91' 27.45' 69.23' 3.16' 37.35' 194.85' 82.67' 112.18' 22.77' 243.81' 186.32' 66.35' 70.01' 49.96' RADIUS
54.00' 54.00' 54.00' 54.00' 49.00' 1,529.00' 1,529.00' 1,529.00' 1,529.00' 235.19' 20.00' 264.19' 264.19' 264.19' 20.00' 493.00' 493.00' 493.00' 493.00' 493.00' 522.00' 20.00' 551.00' 551.00' 551.00' 551.00' 551.00' 551.00' 229.00' 229.00' 229.00' 20.00' 200.00' 171.00' 20.00' 829.00' 829.00' 829.00' 20.00' 800.00' 771.00' 771.00' 771.00' 771.00' DELTA
57°46'25" 63°35'57" 87°58'45" 8°50'39" 40°30'53" 4°17'10" 0°50'15" 2°19'31" 1°07'24" 32°59'31" 74°07'52" 24°08'04" 12°28'05" 11°39'58" 99°27'21" 30°32'50" 9°29'11" 9°25'28" 9°25'28" 2°12'44" 36°51'02" 82°10'42" 32°10'53" 9°53'55" 6°33'25" 6°39'32" 6°39'32" 2°24'30" 28°39'14" 20°10'10" 8°29'04" 78°39'03" 19°50'01" 1°03'37" 107°00'18" 13°28'01" 5°42'49" 7°45'13" 65°13'56" 17°27'42" 13°50'46" 4°55'49" 5°12'09" 3°42'47" CURVES
CURVE # C177 C178 C179 C180 C181 C182 C183 C184 C185 C186 C187 C188 C189 C190 C191 C192 C193 C194 C195 C196 C197 C198 C199 C200LENGTH
22.15' 20.51' 1.64' 96.17' 47.25' 48.92' 20.75' 2.44' 31.30' 31.53' 31.30' 22.96' 124.18' 28.23' 41.15' 41.15' 13.65' 22.96' 31.42' 10.47' 20.94' 31.42' 20.94' 10.47' RADIUS
50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 20.00' 20.00' 20.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 20.00' 20.00' 20.00' 20.00' 20.00' 20.00' DELTA
25°22'52" 23°30'12" 1°52'39" 110°12'24" 54°08'57" 56°03'27" 23°46'28" 2°47'30" 89°40'26" 90°19'34" 89°40'26" 26°18'55" 142°18'17" 32°20'47" 47°09'23" 47°09'23" 15°38'44" 26°18'55" 90°00'00" 30°00'00" 60°00'00" 90°00'00" 60°00'00" 30°00'00"
RADIALS
# R1R2R3R4R5R6R7R8R9R10R11 R12 R13 R14 R15 R16 R17 R18 R19 R20BEARING N0° 43' 30"W
S25° 30' 45"W
N64° 01' 09"E N89° 44' 37"W
N63° 23' 20"W
S26° 06' 05"E
S0° 15' 12"W
N0° 15' 12"E
S89° 44' 37"E N89° 44' 37"W
S0° 43' 30"E
S0° 43' 30"E
S89° 44' 37"E N89° 44' 37"W
N0° 22' 17"E S0° 15' 12"W
N3° 16' 45"E N5° 54' 06"E
S89° 44' 37"E N89° 44' 37"W
RADIALS
#R21 R22 R23 R24 R25 R26 R27 R28 R29 R30R31 R32 R33 R34 R35 R36 R37 R38 R39 R40BEARING S0° 43' 30"E
S0° 43' 30"E
S89° 44' 37"E
S0° 43' 30"E N89° 44' 37"W
S89° 44' 37"E N0° 43' 30"W
N89° 44' 37"W
N87° 54' 26"W
N84° 45' 12"W
N77° 12' 37"W
N14° 43' 40"E
S17° 37' 55"W
N73° 29' 33"W
N72° 21' 31"W
S14° 35' 06"W
S47° 38' 29"W
S72° 21' 31"E
S72° 21' 31"E N72° 21' 31"W
RADIALS
#R41 R42 R43 R44 R45 R46 R47 R48 R49 R50R51 R52 R53 R54 R55 R56 R57 R58 R59 R60BEARING S14° 47' 49"W
N14° 19' 58"E N0° 15' 12"E S0° 15' 12"W
N7° 23' 41"E N7° 23' 41"E
S0° 15' 12"W
N0° 15' 12"E N6° 53' 17"W
S6° 53' 17"E S0° 15' 12"W
N20° 57' 00"E
S39° 39' 53"W
N50° 15' 12"E N39° 44' 48"W
N39° 44' 48"W
N69° 44' 48"W
N50° 15' 12"E S50° 15' 12"W
N42° 43' 28"E
RADIALS
#R61 R62 R63 R64 R65 R66 R67 R68 R69 R70R71 R72 R73 R74 R75 R76 R77 R78 R79 R80BEARING S17° 56' 12"E
S39° 44' 48"E N39° 44' 48"W
S34° 44' 56"W
S35° 03' 44"W
S39° 44' 48"E S36° 21' 17"W
S33° 00' 15"W
S39° 44' 48"E
S29° 52' 46"W
N8° 57' 24"E
S29° 07' 32"W
S5° 06' 43"W
S43° 41' 11"E
S61° 34' 32"E N39° 44' 48"W
N7° 08' 05"E S39° 44' 48"E N39° 44' 48"W
N24° 24' 42"W
RADIALS
# R81 R82 R83 R84 R85 R86 R87 R88 R89 R90R91 R92 R93 R94 R95 R96 R97 R98 R99 R100BEARING S89° 42' 50"E
S85° 29' 09"E
S44° 25' 26"E N54° 01' 40"E
S85° 10' 54"E N85° 27' 27"W
S89° 44' 37"E N6° 45' 17"W
N89° 44' 37"W
S15° 36' 45"E
S89° 44' 37"E
S9° 11' 58"E N2° 53' 46"W
N39° 44' 48"W
S7° 33' 55"E
S89° 44' 37"E N39° 44' 48"W
S37° 58' 43"E S24° 30' 41"E N89° 44' 37"W
RADIALS
#R101 R102 R103 R104 R105 R106 R107 R108 R109 R110 R111 R112 R113 R114 R115 R116 R117BEARING N25° 54' 03"W
N0° 31' 11"W
N22° 17' 06"W
N89° 44' 37"W
S89° 44' 37"E S0° 34' 57"W
N89° 44' 37"W
S0° 34' 57"W
S89° 44' 37"E
S0° 34' 57"W
S0° 34' 57"W
N89° 44' 37"W
S60° 15' 23"W
S0° 15' 23"W
N0° 15' 23"E N59° 44' 37"W
S89° 44' 37"E
PREPARED BY: 324 S. SANTA FE, STE. A
VISALIA, CA 93292 TEL: 559.802.3052 FAX: 559.802.3215 www.4-creeks.com SHEET 7 OF 7 TSM 2024-29 F & C FARMING PHASE 1
Subdivision Improvement Agreement 1
Final Map of F&C FARMING
RECORDING REQUESTED BY:
City of Tulare
WHEN RECORDED MAIL TO:
City Clerk
City of Tulare
411 E. Kern Avenue
Tulare, CA 93274-4257
PURSUANT TO GOVERNMENT CODE SECTION 6103,
NO RECORDING FEE REQUIRED
In the matter of the Approval of )
The Subdivision Map of ) AGREEMENT AND UNDERTAKING FOR
F&C FARMING, in the ) INSTALLATION AND CONSTRUCTION
City of Tulare, County of Tulare, ) OF SUBDIVISION IMPROVEMENTS State of California )
SUBDIVISION AGREEMENT
FINAL MAP OF F&C FARMING
THIS AGREEMENT is made this ______ day of _____________________ 20___, by and between the City of Tulare, a Municipal Corporation and Charter City, hereinafter referred to as "City," and SAN JOAQUIN VALLEY HOMES located at 5607 AVENIDA DE LOS ROBLES, VISALIA CA 93291, hereinafter referred to as "Subdivider" without regard for number or gender, and is effective the date first appearing on the Clerk’s Certification hereafter.
RECITALS
A. Subdivider has filed with City a Final Map proposing the subdivision of land owned by Subdivider and located within the City of Tulare (hereinafter “Subject Property”) as follows:
For APN/Parcel ID(s): 172-010-021, 172-010-022, 172-080-002 and 184-020-010
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE UNINCORPORATED AREA IN COUNTY OF TULARE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
PARCEL 1: APN: 172-010-021 (portion)
ALL THAT CERTAIN REAL PROPERTY IDENTIFIED AS ADJUSTED PARCEL A IN THAT CERTAIN APPROVAL OF LOT LINE ADJUSTMENT MAP NO. PLA 24-025 RECORDED FEBRUARY 24, 2025 AS DOCUMENT NO. 2025-0008069, OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THAT PORTION OF LOTS 6, 7, AND 8 OF THOMAS TWADDLE’S SUBDIVISION, IN THE
UNINCORPORATED AREA, COUNTY OF TULARE, STATE OF CALIFORNIA, AS PER MAP RECORDED JANUARY 9, 1890 IN BOOK 5, PAGE 4 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THOMAS TWADDLE’S SUBDIVISION; Subdivision Improvement Agreement 2
Final Map of F&C FARMING
THENCE NORTH 89° 16’ 30” EAST, ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 20 SOUTH,
RANGE 25 EAST, 1093.71 FEET;
THENCE SOUTH 0° 43’ 30” EAST, 88.14 FEET;
THENCE SOUTH 44° 16’ 30” WEST, 28.28 FEET;
THENCE SOUTH 0° 43’ 30” EAST, 71.72 FEET;
THENCE SOUTH 45° 43’ 30” EAST, 5.86 FEET;
THENCE NORTH 89° 16’ 30” EAST, 19.61 FEET;
THENCE SOUTH 0° 43’ 30” WEST, 178.00 FEET;
THENCE SOUTH 89° 16’ 30” WEST, 100.00 FEET;
THENCE SOUTH 0° 43’ 30” EAST, 510.22 FEET;
THENCE SOUTH 39° 44’ 48” EAST, 328.67 FEET;
THENCE SOUTH 50° 15’ 12” WEST, 175.99 FEET;
THENCE SOUTH 0° 34’ 57” WEST, 482.15 FEET;
THENCE NORTH 89° 25’ 03” WEST, 195.71 FEET;
THENCE SOUTH 0° 34’ 56” WEST, 48.00 FEET;
THENCE SOUTH 0° 15’ 23” WEST, 400.01 FEET TO THE SOUTH LINE OF SAID LOT 6; THENCE NORTH 89° 25’ 03” WEST, ALONG SAID SOUTH LINE, 890.01 FEET TO THE WEST LINE OF SAID LOT 6; THENCE NORTH 0° 15’ 23” EAST, ALONG SAID WEST LINE, 2143.88 FEET TO POINT OF BEGINNING;
EXCEPTING THEREFROM AN UNDIVIDED ONE-HALF INTEREST IN ALL MINERAL RIGHTS LOCATED IN ON OR UNDER SAID LAND AS RESERVED BY MERCEDES H. SUTTON IN DEED RECORDED NOVEMBER 12, 1981 IN BOOK 3915, PAGE 467 AS DOCUMENT NO. 53519 OF OFFICIAL RECORDS.
B. City requires as a condition precedent to the acceptance and approval of the Final Map, the dedication of certain streets, highways, public ways, and easements, as identified on the Final Map. City deems said dedication(s) necessary for the public use. Additionally, City requires that Subdivider make improvements to said dedicated property, as more specifically described below.
C. Subdivider desires and agrees to complete the improvements required by Resolution RESOLUTION NO. 5502 for TENTATIVE SUBDIVSION MAP - F&C FARMING dated MARCH 10, 2025 and any amendments thereto, hereinafter referred to as “Conditions of Approval,” within the time hereinafter specified.
D. Subdivider hereby warrants that any and all parties having record title interest in the Final Map have subordinated their interest and all records of subordination, if any, are attached hereto and made a part of this Agreement.
Subdivision Improvement Agreement 3
Final Map of F&C FARMING
AGREEMENT
In consideration of the acceptance of the offers of dedication as shown and delineated on the Final Map, and in consideration of finding of substantial compliance with said [Vesting] Tentative Map, Subdivider and City hereby mutually agree as follows:
1) Time for Performance. The improvements required by the Conditions of Approval shall be completed within one year following the effective date of this Agreement. Subdivider shall automatically receive one extension of twelve (12) months if the Subdivider complies with the following:
a) At least thirty (30) calendar days before the original one-year deadline for completion of improvements, the City Engineer receives a written extension request from the Subdivider. b) If required by the City Engineer, provide additional performance and payment security to address construction cost increases due to inflation. Construction cost increase will be based upon Construction Price Index figures published by Engineering News-Record. The additional security shall be supplied to the City Engineer within twenty (20) calendar days from the date the City Engineer notifies Subdivider of the additional security amounts. 2) Failure to Perform. If all required improvements are not made to the satisfaction of the City Engineer within twelve (12) months of the date of this Agreement, or within twenty-four (24) months if an extension was granted, the City of Tulare may exercise its right to proceed against the bonds. 3) Incorporation of Improvements. The work depicted or required on the improvement plans for the Final Map, which may include plans relating to sewer, water, streets, storm drainage, street lighting, landscape and irrigation, grading, traffic signal plans, etc., as well as those required by Conditions of Approval (hereinafter “Improvements”), are incorporated by reference and made a part of this Agreement.
4) Compliance with Standards and Regulations. All Improvements shall be completed in accordance with the City of Tulare Design Guidelines and Public Improvement Standards (City Council Resolution No. 16-58) and any amendments thereto, and shall comply with all applicable federal, state, and local laws.
5) Costs. All Improvements shall be completed at the sole cost and expense of Subdivider. The construction cost estimates, and corresponding security requirements for these Improvements, are set forth in Exhibit "A".
6) Requirements for Building Permit Issuance.
a) No building permit shall be issued for any lot of the Subject Property until the following minimum required improvements have been fully constructed and have passed inspection to the satisfaction of the City Engineer, except as allowed by the City’s Model Home Policies:
i) Curb and gutter,
ii) Street base rock placed in accordance with the approved improvement plans to provide accessibility for inspectors and emergency responders,
iii) Fully functional water mains, fire hydrants, and service connections, iv) Fully functional sanitary sewer mains and laterals, iv) Fully functional storm drainage lines and facilities, v) All lots graded in accordance with the approved drainage plan, with a letter subject to City Subdivision Improvement Agreement 4
Final Map of F&C FARMING
Engineer’s approval provided by the Subdivider’s licensed engineer or surveyor verifying same, and
vi) All lot corners marked.
b) If a Notice of Completion has not been filed for the required Improvements within the time limits outlined in this Agreement, no additional building permits shall be issued until said Notice has been filed, or a new subdivision improvement agreement extending the timeline for completion has been approved by the Tulare City Council.
7) Requirements for approval of Certificates of Occupancy. No Certificates of Occupancy shall be approved by the City for any building permit issued on any lot of the Subject Property until the following requirements are satisfied:
i) The requirements of section 6, subsection (a), above have been satisfied, and ii) all public safety items have been completed, including, but not limited to: signage, street paving, pavement markings, street lighting, and drainage basin fencing. 8) Estimate Reimbursements for Certain Improvements. In connection with the amounts set forth in Exhibit “A”, City has made its best faith efforts at predicting the amounts to be credited as reimbursements for Improvements that will benefit other properties. Subdivider agrees these figures represent City’s best estimates only and they are subject to fluctuation following calculation of actual construction costs after improvement completion and acceptance. Payment of fees and fee credits shall be made at the rates and amounts established by the Tulare Municipal Code and Master Fee Schedule. The estimated reimbursement amounts, fees, and charges are more particularly itemized and made a part of this Agreement in the attached Exhibit “B”. 9) Fee Credit Adjustments. Subdivider may receive designated fee credits from City as an offset toward any development impact fee(s). Subdivider acknowledges and agrees any such fee credits are provided contingent upon City accepting required infrastructure improvements completed by Subdivider. Until then, Subdivider shall have no right to any portion of any fee credit. Upon adjustment, Subdivider shall pay all outstanding development impact fees prior to approval of the final map or as otherwise mutually agreed in writing. If the final map has already been approved all such fees shall be promptly paid by Subdivider, unless otherwise mutually agreed upon in writing. City may enforce recovery of such fees in any manner available at law or in equity. 10) Security. Prior to the approval by the Tulare City Council of the Final Map, Subdivider shall furnish to City the following improvement securities in the amounts set forth in Exhibit “A”. Bonds shall be by one or more duly authorized corporate sureties licensed to do business in California subject to the approval of City and on forms furnished or approved by City. a) Performance Security. The total amount shall equal 100% of the total Cost Estimate, as specified in Government Code 66499.3 (a) and approved by the City Engineer, to be conditioned upon the faithful performance of this Agreement. Performance Security shall be in the form of a bond naming the City of Tulare as obligee, or a certificate of deposit made payable only to the City of Tulare, an irrevocable letter of credit in favor of the City of Tulare, or cash. Notwithstanding other provisions contained in this Agreement, if the payment security provided to the City is in the form of a Performance Bond, the language on the bond shall be in substantial compliance with Gov.
Code § 66499.1. Upon written request from the Subdivider, partial releases of the Performance Security may be authorized by the City Engineer to reflect satisfactory completion of required improvements. Partial releases shall be limited to a maximum of 90% of the value of the completed improvements, and shall in no event result in the overall release of more than 90% of the value of the total Cost Estimate. The Performance Security will be released in its entirety upon the City’s recordation of a Notice of Completion for the subdivision improvements, provided that a maintenance surety of not less than 10% of the value of the public improvements is Subdivision Improvement Agreement 5
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provided to the City to guarantee replacement and repair of the public improvements for a period of one (1) year after the recording date.
b) Payment (Labor and Materials) Security. The total amount shall equal 50% of the total Cost Estimate, as specified in Government Code 66499.3 (b) and approved by the City Engineer, to secure payment to all contractors and subcontractors performing work on said Improvements and all persons furnishing labor, materials or equipment to them for said Improvements. Payment Security shall be in the form of a bond naming the City of Tulare as obligee, or a certificate of deposit made payable only to the City of Tulare, an irrevocable letter of credit in favor of the City of Tulare, or cash. Notwithstanding other provisions contained in this Agreement, if the payment security provided to the City is in the form of a Labor and Material Bond, the language on the bond shall be in substantial compliance with Gov. Code § 66499.2. No reduction in Payment Security shall be allowed prior to the City’s recordation of a Notice of Completion, and prior to the passage of the time within which claims of lien are required to be recorded as stipulated in Government Code Section 66499.7 (h).
11) Damage Prior to Final Acceptance. Any damage to the improvements occurring prior to final acceptance by the City shall be repaired or replaced by Subdivider before any securities are released.
Final acceptance by City shall not occur until damage has been repaired to prior and agreed upon condition.
12) Remedy of Defects. Subdivider shall remedy any defective work, labor or materials related to the Improvements, and shall pay City for any damage to the Improvements resulting therefrom, which occur within a period of one year from the date of final acceptance of the Improvements by City. Prior to final acceptance of the Improvements by City, a warranty/maintenance bond or certificate of deposit shall be provided by Subdivider, as shown in Exhibit “A”, and shall be released one year following final acceptance, less any amount required to remedy defective work. 13) Indemnification. Subdivider shall be obligated as follows:
a) To the furthest extent allowed by law, Subdivider shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time, and property damage) incurred by City, Subdivider or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees, litigation and legal expenses incurred by City or held to be the liability of City, including plaintiff’s or petitioner’s attorney’s fees if awarded, in connection with City’s defense of its actions in any proceeding), arising or alleged to have arisen directly or indirectly out of performance or in any way connected with: (i) the making of this Agreement; (ii) the performance of this Agreement; (iii) the performance or installation of the Improvements by Subdivider and Subdivider’s employees, officers, agents, contractors or subcontractors; (iv) the design, installation, operation, removal or maintenance of the work or Improvements; or (v) City’s granting, issuing or approving use of this Agreement.
b) Subdivider’s obligations under the preceding sentence shall apply regardless whether City or any of its officers, officials, employees or agents are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused solely by the gross negligence or willful misconduct of City, its officers, officials, employees, agents or volunteers. c) If Subdivider should subcontract all or any portion of the work to be performed under this Agreement, Subdivider shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of paragraphs “a)” and “b)” of this Section.
14) Insurance. Throughout the life of this Agreement, Subdivider shall pay for and maintain in full force Subdivision Improvement Agreement 6
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and effect all policies of insurance described in this Section with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A-VII" in Best's Insurance Rating Guide, or (ii) authorized by City’s Risk Manager.
Insurance requirements, including coverage types and amounts, are attached hereto in Exhibit “D”.
If at any time during the life of the Agreement or any extension, Subdivider fails to maintain the required insurance in full force and effect, the City Engineer, or his/her designee, may order that Subdivider, or its contractors or subcontractors, immediately discontinue any further work under this Agreement and take all necessary actions to secure the work site to ensure that public health and safety is protected.
All payments due or that become due to Subdivider shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Agreement.
Evidence of Insurance provided by Subdivider and his/her/its insurer shall clearly state that termination or suspension of insurance coverage may not occur until at least thirty (30) days following written notice to the City of the intent to terminate or suspend coverage. 15) Compaction and Materials Testing. Compaction and other materials testing performed for determination of compliance with Public Works Standards shall conform to City of Tulare Design Guidelines, Public Improvement Standards, and Technical Specifications. Materials testing shall at all times remain under the review of the City Engineer who may determine additional test procedures, and additional locations to be tested. All materials testing for improvement work within the public easements and rights-of-way shall be ordered and paid for by Subdivider. 16) Inspections. City shall inspect all Improvements. All Improvements shall be performed and completed in strict accordance with the approved construction plans for said work on file with the City Engineer and City of Tulare Design Guidelines and Public Improvement Standards. In the event there are no applicable Design Guidelines and Public Improvement Standards it is agreed that the same shall be performed and completed in accordance with the standards and specifications of the California Department of Transportation.
17) Compliance with Law. In performing obligations set forth in this Agreement, Subdivider shall comply with all applicable laws, regulations, and rules of all local, state and federal governmental agencies having jurisdiction including, without limitation, applicable federal and state labor standards and environmental laws and regulations. Subdivider shall comply with the codes or ordinances of City including the Tulare Municipal Code, City Charter, and Building Codes. 18) Prevailing Wages. Subdivider shall:
a) be required to pay, and shall cause its contractor and subcontractors to pay, prevailing wages for the construction of:
i) those specific Improvements for which Subdivider receives credits or reimbursements as identified in Exhibit “B”, if any, and
ii) those Improvements, if any, that are “public works” under Chapter 1, Part 7, Division 2 of the California Labor Code, including Section 1720(a) (collectively, the “PW Improvements”).
19) Enforcement of Obligations. City may enforce this Agreement in any manner available at law or in equity, including, but not limited to, reversion to acreage. 20) Limitations of Legal Acts. Except as provided by the Section entitled “Attorney’s Fees and Legal Expenses,” in no event shall the City, or its officers, agents or employees, be liable in damages for any breach or violation of this Agreement, it being expressly understood and agreed Subdivider’s sole Subdivision Improvement Agreement 7
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legal remedy for breach or violation of this Agreement by City shall be a legal action in mandamus, specific performance or other injunctive or declaratory relief to enforce the provisions of this Agreement.
21) Attorney’s Fees and Legal Expenses. If either party is required to commence any proceeding or legal action to enforce any term or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses.
22) Obligation Running With Land. This Agreement shall burden the Subject Property described and constitute a covenant running with the land for the benefit of City and shall be binding upon the successors, transferees, and heirs of Subdivider. Subdivider consents to the recordation of this Agreement with the Tulare County Recorder.
23) Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.
24) Ambiguities or Uncertainties. Any ambiguities or uncertainties herein shall be equally and fairly interpreted and construed without reference to the identity of the Party or Parties preparing this Agreement, on the express understanding and agreement the Parties participated equally in the negotiation and preparation of the Agreement, or have had equal opportunity to do so. Accordingly, the Parties hereby waive the benefit of California Civil Code §1654 and any successor or amended statute, providing that in cases of uncertainty, language of a contract should be interpreted most strongly against the Party who caused the uncertainty to exist. 25) Severable Provisions. The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision in this Agreement shall not affect the validity or enforceability of the other provisions, which shall remain in full force and effect. 26) Release of Conditions. The conditions and obligations of this Agreement shall remain in full force and effect until such time as City Engineer issues a Notice of Completion finding the conditions and obligations of this Agreement have been fully satisfied and are no longer required for public health and safety reasons and thereafter records such Notice of Completion with the Tulare County Recorder. 27) Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California. Venue shall be Tulare County, California. 28) Fees Due Prior to Recordation. The fees due to the City set forth in Exhibit “C”, attached hereto and incorporated herein by this reference, shall be paid in full prior to recordation of the final map. * * * *
IN WITNESS WHEREOF, the Parties hereto have duly executed this Agreement.
CITY OF TULARE SAN JOAQUIN VALLEY HOMES
a Municipal Corporation
Subdivision Improvement Agreement 8
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By: By:
Marc Mondell, City Manager
Name:
Title:
ATTEST:
Chief Deputy Clerk and Clerk of the Council
Of The City of Tulare
(Attach Notary Acknowledgments)
Subdivision Improvement Agreement 9
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A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
)
County of Tulare )
On __________________ before me, ____________________________, Notary Public, personally appeared __________________________________ who 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
___________________________________
Signature of Notary Public
Subdivision Improvement Agreement 10
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SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on { , 20 }, in the office of the Tulare County Recorder, as Document No. {Doc. No. } of which the Deed of Trust in, by and between {Full Name of Trustor}, as Trustor, {Full Name of Trustee}, as Trustee and {Full Name of Beneficiary}, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing {Insert full name of Agreement, e.g. Subdivision Agreement for the Final Map of [including Addendum to Subdivision Agreement for Rights of Way Acquisition]}.
DATED: ____________________, 20___
BENEFICIARY
By: ________________________________________
Print Name: ________________________________________
Title: ________________________________________
(Beneficiary to print/type document information, Name, Title and attach Notary Acknowledgment)
Subdivision Improvement Agreement 11
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A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
)
County of Tulare )
On __________________ before me, ____________________________, Notary Public, personally appeared __________________________________ who 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
___________________________________
Signature of Notary Public
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EXHIBIT “A”
Estimated Improvement Costs & Security Requirements
Bond Type Required Bonding Amounts
Performance Bound Amount*
(100% Improvement Cost**)
$ 12,701,321.70
Payment Bond Amount
(50% Improvement Cost
$ 6,350,660.85
Maintenance Bond Amount***
(10% of Required Improvements)
$ 1,270,132.17
* For a single combined performance and payment bond, bond amount shall equal the algebraic sum of the performance and payment bond amounts listed above
** Upon the developer's request, the city may calculate a reduced bond amount (less than 100% improvement cost) following the City’s standard bond reduction procedures for partially installed improvements.
*** Maintenance bond is required at the time the improvements are accepted by the city.
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EXHIBIT “B”
Estimated Oversize Improvement Costs
Item Cost of Oversize
Improvements
Street Oversize Improvements, including but not limited to: $0.00 Street Name: None
Material Cost for Supplemental Road Excavation (x” vs. y”) Material Cost for Supplemental Aggregate Base Material (x” vs. y”) Material Cost for Supplemental Asphalt Concrete Material (x” vs. y”) Supplemental Right-of-Way Dedication (x s.f. vs. y s.f) Traffic Signal Improvements:
Other:
Sanitary Sewer System Improvements, including but not limited to: $0.00 Street Name: None
Material Cost for Supplemental Sewer Main Size
Material Cost for Supplemental Sewer MH Size (Type II vs Type I) Lift Station Improvements:
Force Mains:
Storm Drain System Improvements, including but not limited to: $0.00 Street Name: None
Regional storm drain mains (x" diameter)
Regional storm drain manholes (Qty. = )
Ponding Basin (Land Cost, Excavation, Fencing, Frontage Improvements) Lift Station Improvements:
Force Mains:
Water System Improvements, including but not limited to: $58,004.00 Street Name: Prosperity Avenue
Material Cost for Supplemental Water Main Size $28,782.00 Material Cost for Supplemental Water Appurtenances $11,800.00 Well/Storage Tank Site (Land Cost, Frontage Improvements) Street Name: Morrison Street
Material Cost for Supplemental Water Main Size $15,522.00 Material Cost for Supplemental Water Appurtenances $1,900.00 Well/Storage Tank Site (Land Cost, Frontage Improvements) Total Estimated Oversize Costs $58,004.00
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EXHIBIT “C”
Subdivision Agreement Fees
Account No. Transaction No.R/C
No.
Description of Charge Quantity Unit Cost Total
Amount
Plan Check Fees
Improvement Plans Check Fees 1 $ 57,741.00 $ 57,741.00
Final Map Plan Check Fees 1 $ 13,607.00 $ 13,607.00
Inspection, Testing and Construction
001-3247-001 1391 S-29 Public Inspection Fee 1 $211,201.07 $211,201.07 010-3265 3060 Backflow Test 0 $91.00 $ 0.00
010-3270-3 3073 Water Pressure Test 17 $264.00 $ 4,488.00 010-3270-004 3074 Water Purity Sample 17 $227.00 $ 3,859.00 Front Foot Fees
015-3265 3420 Sewer Front Foot 1,084 $28.00 $ 30,352.00 010-3265 3060 Water Front Foot 0 $19.00 $ 0.00
001-3265 9260 Street Front Foot 0 $0 $ 0.00
Benefit Districts
001-3252-002 1472 S-37 Benefit District Creation 1 $1,356.00 $1,356.00 001-260- 9260 Storm Drain Benefit District 0 $0 $ 0.00
001-260 9260 T.I.D. Benefit District 0 $0 $ 0.00
In-Lieu Fees
001-260-053 9260 T.I.D. Ditch Piping 0 $0 $ 0.00
001-3249- 141 Storm Drain Acreage 0 $0 $ 0.00
001-260-055 9260 Off-site Street Improvements
- Oakmore Street
1 $ 453,219.71 $453,219.71
Non-Bonded Improvements
001-3266-000 1611 Street Signs 37 $276.00 $10,212.00
Other
001-3120-2 1252 Street Easement/Abandonment 0 $0 $ 0.00 Total = $786,035.78
Less Previously Paid = $77,686.00
Less Credits =
Amount Due = $708,349.78
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EXHIBIT “D”
Minimum Insurance Requirements, Coverage Types, Amounts Coverage Afforded Limits of Liability
Worker’s Compensation: As required by the State of California and Employer’s Liability Insurance
Commercial General Liability Insurance
Including:
$2,000,000 per occurrence for Bodily Injury, Personal
Injury, and Property Damage. If Commercial General
Liability Insurance or other form with a general
aggregate limit is used, either the general aggregate
limit shall apply separately to this project/location
or the general aggregate limit shall be twice
(minimum $4,000,000) the required occurrence
limit.
a) Products & Completed Operations
b) Blanket Contractual
c) Explosion, Collapse & Underground Hazard
Automobile Liability Insurance including: $2,000,000 Bodily Injury and Property Damage. a) Non-owned
b) Leased
c) Hired Vehicles
Employer's Liability:
Subcontractors:
Verification of Coverage:
$1,000,000 per accident for bodily injury or disease.
Contractor shall include all subcontractors as
insureds under its policies or shall furnish separate
certificates and endorsements for each
subcontractor. All coverages for subcontractors shall
be subject to all of the requirements stated herein.
Contractor shall furnish the City with original
endorsements effecting coverage required by this
clause. The endorsements are to be signed by a
person authorized by that insurer to bind coverage on
its behalf. All Certificates of Insurance and
endorsements are to be received and approved by
the City before work commences. Upon the request
of the City, the Contractor’s insurer may provide
complete, certified copies of all required insurance
policies, including endorsements affecting the
coverage required by these specifications.
Staff Report
Meeting: City Council
Date: April 7, 2026
Department: City Manager
Submitted by: Jason Bowling, Deputy City Manager / Chief Technology Officer Agenda Title: Development Impact Fee Update and Nexus Study
RECOMMENDED ACTION
Approve a Professional Service Agreement with NBS Government Finance Group of Temecula, CA in the amount of $129,800 for completion of a Development Impact Fee Update and Nexus Study, subject to minor or clarifying changes approved by both the City Attorney and the City Manager; authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($12,980); and adopt a resolution amending the Fiscal Year 2026 Budget appropriating $142,780 from multiple Development Impact Fee Funds.
SUMMARY
The City's most recent impact fee study was completed in 2019 by TishlerBise. California Government Code 66016.5(a)(8) requires these studies to be updated at least every eight years.
On January 20, 2026, the City issued RFP 26-837 seeking proposals for a Development Impact Fee Update and Nexus Study. A total of five submissions were received and evaluated by a review committee comprised of representatives from Planning, Engineering, Public Works, and the City Manager's Office.
Three finalists were selected for remote interviews, after which the committee designated NBS as the top-ranked proposer.
The project is scheduled to be executed in three phases. Phase one will commence immediately and will focus on Parks, Library, and Fire-related Development Impact Fees. Phase two, addressing Police, General Facilities, and Transportation-related fees, will begin following the completion of both the pavement management study and the current assessment of City facilities. Phase three will include water, sewer, groundwater, and stormwater fees and will start subsequent to the completion of water and sewer rate studies.
FISCAL IMPACT & FUNDING SOURCES
The total cost, including contingency funding, is $142,780 and will be charged to Development Impact Fee funds as follows:
Fund Description Cost
210 Fire Facilities and Equipment $11,422
220 General Facilities and Equipment $11,422
215 Library $11,424
390 Parks and Recreation Facilities $11,422
200 Law Enforcement Facilities and Equipment $11,422
230 Local Streets and Traffic Signals $42,834
290 Sewage Collections and Wastewater Treatment Facilities $21,418 260 Water Supply, Distribution and Holding Facilities $21,418 Total $142,780
Item #: 8.16
Consent
ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act (CEQA).
POTENTIAL CONFLICT OF INTEREST
Staff are not aware of any conflicts of interest.
LEGAL REVIEW
Any minor or clarifying changes to the Professional Services Agreement will be reviewed and approved by the City Attorney.
PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the agenda.
ALTERNATIVE ACTION
1. Approve with changes
2. Deny
3. Table
ATTACHMENTS
1. Professional Services Agreement and Exhibits
2. Resolution
Reviewed/Approved:
12.11.25tg
CITY OF TULARE
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement ("Agreement") is entered into as of April 7, 2026 between the City of Tulare, a California charter city ("City") and NBS Government Finance Group, a California S-Corporation from Temecula California ("Consultant") with respect to the following recitals, which are a substantive part of this Agreement.
RECITALS
A. The City of Tulare desires to obtain services for a Development Impact Fee Update and Nexus Study ("Services") more fully described in Exhibit A, which is attached hereto and incorporated by reference.
B. Consultant is engaged in the business of furnishing Services and hereby represents they are qualified, experienced, and capable of performing Services, and possesses any required licenses, certifications, security/bonding, and/or training necessary to perform Services.
C. The City of Tulare desires to retain Consultant, and Consultant desires to provide City with Services, on the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the promises and mutual agreements herein, City and Consultant agree as follows:
1. Scope of Services. Consultant shall perform Services described in the Recitals and detailed in Exhibit A. Changes in the scope of Services, including the work performed and/or deliverables produced, shall be made in writing and particularly describe the changes in Services, including payment/costs and schedule/term, as applicable.
2. Priority and Conflicts; Exclusions. If the terms and requirements of this Agreement conflict with Exhibit A, this Agreement shall control. No contractual terms and/or conditions found in Exhibit A shall purport to waive, disclaim, or limit Consultant’s liability, indemnification obligations, warranties, damages for breach or delay, or any security, bonding, or insurance requirements, and any such provisions shall have no force or effect with respect to this Agreement and Services performed by Consultant.
3. Term of Agreement; Commencement of Services; Schedule. Consultant shall begin performing Services upon notice from City on or after the Effective Date, unless otherwise instructed by the City, and continue with Services until October 2027 (“Completion Date”). This Agreement may be terminated prior to the Completion Date pursuant to Section 14 herein.
4. Payment for Services. As sole compensation for the performance of Services, City hereby agrees to pay Consultant monthly for services rendered to City pursuant to this Agreement on a time and materials basis according to the rates of compensation as set forth in Exhibit A. The total amount paid by the City to Consultant for Services shall not exceed One-hundred twenty-nine thousand eight hundred dollars ($129,800). The foregoing is inclusive of all labor, equipment,