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HomeMy WebLinkAboutPM 2001-14 - Agreement/Covenant - 8/11/2006 (2) 06/13/1003,10030141311 P'_EAS C014IF0 FM ABOVE SPACE FOR RECORDER'S USE Parcel Map No. 2001-14 Public Works Department P.W. File No. 5494 City of Fresno STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR AN UNDERGROUND SERVICED STREETLIGHT ON PARCEL MAP 2001-14 RECITALS ,3 A. This Agreement is made as of lane z12 2001 between, EUGENE STEPHENS AND ELIZABETH STEPHENS, as Trustees of the Stephens Family Trust dated August 1, 2000, and as Individuals, hereinafter referred to as the"Covenantor,"and the City of Fresno, a municipal corporation ("City"). Covenantor is the owner of that certain real property in the City of Fresno, State of California, hereinafter referred to as the "Subject Property"and more particularly described as Parcel Map No. 2001-14, recorded in Book W-,-of parcel maps, Pages q2, , Fresno County Records; and B. 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 C. All such instruments of Subordination, if any, are attached hereto and made a part of its instrument; and - D. A condition of approval of Parcel Map No. 2001-14 is a requirement that the Covenantor install an underground serviced streetlight; and E. The Covenantor has submitted a request to defer the installation of the streetlight to an undetermined later date; and - F. The Covenantor and the City desire to enter into an agreement providing for the deferral and later installation of the streetlight. 1 s• 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 covenant 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 the installation of underground serviced streetlights; and 2. The Covenantor agrees to install the underground serviced streetlight 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 streetlight; and 3. In the event that the Covenantor fails to install the prescribed streetlight or pay the cost and expenses of the streetlight 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, included accrued interest, are paid in full. 4. The conditions of this Covenant are intended to benefit both the Subject Property,the public and public properties. Accordingly, it is agreed that the City shall have the right to enforce this Covenant 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 attorneys' fees, which may be incurred in successfully enforcing this Covenant against the Covenantor. 5. The Covenantor shall be released and this Covenant shall be of no further effect upon a written determination by the undersigned and the Director of the Public 2 Works Department of the City that its continued existence and enforcement are no longer necessary. 6. The provisions of this Covenant shall be deemed independent and severable and the invalidity or partial invalidity or unenforceability 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 Covenant, any gender includes the other genders, the singular includes the plural and the plural includes the singular. ACCEPTED BY: CITY OF FRESNO COVENANTOR a municipal corporation Parcel 1 By By Jon R. Ruiz, Director Eug ne Stephens, as Trustee Public Works Department of the Stephens Family Trust Dated August 1, 2000 APPROVED AS TO FORM: By HILDA CANTO-MONTOY Eliza eth R. Stephens, as Trustee CitWAtftlorn of the Stephens Family Trust Dated August 1, 2000 By Parcel 2 Deputy ATTEST By EugeM Stephens REBECCA E. KLISCH City Clerk - By , Elizabeth R. Stephens By Deputy GAW/ems (Attach Notary Acknowledgment) CovStephens.gaw 05/30/02 3 CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On June 19,2003, before me, Elvia Sommerville,Deputy City Clerk,personally appeared,Jon R. Ruiz,Public Works Director,known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument(s) the person(s), or the entity upon behalf of the City of Fresno of which the person(s) acted, executed the instrument. WITNESS my hand and official City Seal. REBECCA E. KL ISCH CITY CLERK a By (� Deputy ' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5007 State of �lCowtf<A• County of �© On y44C-u-S7 ! r 2-00 2- before me, DATE NAME,TITLE OF OFFICER-E.G.,-JANE DOE,AOTARY PUBUC personally appeared &�-fi- rVs -.,%NJD F"7_46f,77+ NAME(S)OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed GLORIA D. the, same in his/her/their authorized 1@Conwrtission013S4240 capacity(ies), and that by his/her/their "Ot'Frio cote signature(s) on the instrument the person(s), *CwmE*kwAw29-2=1 or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 19INDIVIDUALS C.'v CNAf M '=FVjerW(, LAND D,W- ❑ CORPORATE OFFICER "FOOT. O1 LLAW 90"lp SE"LC.£A STtfa�UGWT eN P.M„ 2Wi-f* TmE(s) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: Auc—,usr (or 2OO2— DATE OF DOCUMENT SIGNER IS REPRESENTING: f+ILDA ee4r 'rU.�!M'0� PERSONS)NAME OF PES)OR ENTTTYQES) R�wA E. /� a se& SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmat Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of C 1.IGoiCNIA County of AAAeY'o On AW=9u-S7 !� 2-01)Z before me, aXR.4# Lb.-4-Mj_j DATE NAME,TITLE OF OFFICER•E.G.,"JANE DOE,AOTARY PUSUC personally appeared 6LAp"I✓ c5rtf%MS -moo k. NAME(S)OF SIGNER(S) )(personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed GLORIA AD"$ the same in his/her/their authorized Commission#»40 capacity(ies), and that by his/her/their NoWry eib1ic-c'"fOmi' signature(s)natures on the instrument theperson(s), Fraena County 9 ( ) *MYC&M-E*rftAW29,2=' or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUALS &vu4'+& rs Aw4aaw(, LAND zw ❑ CORPORATE OFFICER' o) u los"Ro&lQ Sf.XQ�£A S-reA*ruc-erT &A3 a bt. Zoet-f4 TITLE OR TYPE OF DOCUMENT TnL.E(s) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL , baa- 64 ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: r 2-002— DATE OaZDATE OF DOCUMENT Ton R, 11 Z Ek I -DA C ru.- ktQNro� SIGNER IS REPRESENTING: NAME OF PERSONS)OR ENTITY(IES) Rt.6SCP_A jF- KAJSW SIGNER(S)OTHER THAN NAMED ABOVE NAM 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184