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Home My WebLink AboutPM 2000-18 - Agreement/Covenant - 8/11/2006 (2) . ~ CONFORMED COPY Recording Requested by City Cleric City of Fresno 2600 Fresno Street 0611812002,20020100471 Fresno, Ca 93721-3603 No Fee-Govt. Code 6103 SPACE ABOVE FOR RECORDERS USE Final Parcel Map No. 2000-18 CITY OF FRESNO P.W. File No. 5494-2000-18 Public Works Department STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT DEFERRING THE UNDERGROUNDING OF UTILITIES ON FINAL PARCEL MAP NO. 2000 - 18 RECITALS WHEREAS, Prickett Realty Company, a California Corporation and American Transfer Co., a California Corporation, as to a portion of said land, hereinafter referred to as "the Covenantor", are the owner of that certain real property in the City of Fresno, County of Fresno, State of California, hereinafter referred to as "the subject property and more particularly described as Parcels A, B, C and D, inclusive, of Parcel Map No. 2000 - 18 recorded in Book of Parcel Maps, at Page(s) �D Fresno County Records; and WHEREAS, the Covenantor hereby warrants that any and all parties having record title interest in the Subject Property which may ripen into a fee have subordinated to this instrument; and all such instruments of Subordination, if any, are attached hereto and made part of this instrument; and Statement of Covenants Undergrounding of Utilities Final Parcel Map No. 2000-18 Page 2 WHEREAS, as a condition of approval of Tentative Parcel Map No. 2000 - 18 is a requirement that all existing overhead utilities be removed and placed underground; and WHEREAS, The City of Fresno has agreed to defer the UNDERGROUNDING of utilities to an undetermined later date, subject to the Covenantor entering into an agreement providing for the deferral and later construction of the underground utilities. COVENANTS, CONDITIONS AND RESTRICTIONS The Covenantor hereby covenants that the Subject Property shall be held, conveyed, encumbered, used, occupied, developed, maintained and improved subject to the following covenants, conditions, and restrictions, which are for the purpose of enhancing attractiveness, usefulness, value, desirability and safety of the Subject Property, the surrounding property, and the public at large, and to minimize possible adverse effects on the public health, safety, peace, and general welfare. Each of the covenants, conditions and restrictions contained in this Statement shall run with the subject property and shall be binding upon and inure to the benefit of each successive owner of the Subject Property and his heirs, successors and assigns during his ownership thereof. 1 . The Covenantor agrees to waive the right to protest and agrees to support any improvement district or underground utility district formed for the purpose of UNDERGROUNDING the existing overhead utilities; and 2. The Covenantors agrees to install conduit of sufficient size and number (to be determined by the utility companies) to accommodate the future UNDERGROUNDING of existing overhead utilities upon written notice by the Director of Public Works or agrees to reimburse the district for all costs associated with the installation of the required conduits; and Statement of Covenants Undergrounding of Utilities Final Parcel Map No. 2000-18 Page 3 3. In the event that the Covenantor fails to install the prescribed conduits or pay the cost and expenses of conduit installation, the costs and expenses of the installation shall be a lien on the subject property. The lien shall not be released until all such costs and expenses, including accrued interest, are paid in full. 4. The conditions of this Statement are intended to benefit both the Subject Property, the public and public properties. Accordingly, it is agreed that the City of Fresno shall have the right to enforce this Statement by any legal or equitable means against the Covenantor and such person or persons in actual possession of the Subject Property who directly or who through any agent violate the terms hereof. The City shall be entitled to costs and reasonable expenses and fees, including reasonable attorney's fees, which may be incurred in successfully enforcing this Agreement against the Covenantor. 5. The Covenant shall be released and of no further effect upon a written determination by the undersigned and the Director of the Public Works Department of the City of Fresno that its continued existence and enforcement are no longer necessary. 6. The provisions of this Statement shall be deemed independent and severable and the invalidity or partial invalidity or unforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision hereof. Whenever the context of the statement so requires, in interpreting this Statement, any gender includes the other genders, the singular includes the plural and the plural includes the singular. 1// Statement of Covenants Undergrounding of Utilities Final Parcel Map No. 2000-18 Page 4 DATED: J"vt e— 1,010 7'C>0 v ACCEPTED BY: CITY OF FRESNO, COVENANTOR a Municipal Corporation PRICKETT REALTY COMPANY a California Corporation y By: i e, —L �— Mark I. Williamson, P.E., Director Pamela Dixon, President Public Works Department AMERICAN TRANSFER CO. APPROVED AS TO FORM: a California Corporation HILDA CANTO MONTY -� City Attorney , By: Pamela Dixon, President By Deputy (Attach Notary Acknowledgment) Date: March 8, 2002 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �r�.creccr��'crcr,�'.�c,crcrcce�.erg`.ct,c�`.cccry'-ct`.firer,�`.�C'.cc`.cc.ec`.c-c'.crcrerec`.enc`.ecc:c.cc>.c�,erere�'.c�.ero, r State of California y r ss. County of h r On 3 , before me, �_ uan L• �lfL�i f Datd /i n / Name annd Title of Officer(e.g.,`Jane Doe.Notary Public") personally appeared U• yu r�//� _D i ri Name(s)of Signer(s) ❑ ersonally known to me > ved to me on the basis of satisfactory evidence to be the person whose name6d is/t subscribed to the within instrument and acknowledged to me thatWshe/tb<executed the same in %lher/tWrr authorized Iddmbkk WANNA L KITCHENS capacity(W, and that by X/her/ter �, ConwAdW 0 125M signatureD<on the instrument the personK, or liokfty . Ci Ca�iO� the entity upon behalf of which the person(' *cxmm.80resnors.W04 acted, executed the instrument. my h official al_ Place Notary Seal Above Signatur of t ubl OP /0 Though the information below is not regw aw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another dbcument. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General Eli Attorney in Fact ❑ Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: 0 1997 National Notary Association•9350 De Soto Ave..P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On June 11th , 2002, before me, Elvia Sommerville personally appeared Mark I. Williamson, Public Works Director personally known to me (or provided 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 the CITY OF FRESNO of which the person acted, executed the instrument. WITNESS my hand and official seal. REBECCA E. KLISCH CITY CLERK a By 'Ni' DEPUTY