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Home My WebLink AboutPM 2004-14 - Agreement/Covenant - 12/31/2008 (5) Recording Requested by: Public Works Department City of Fresno No Fee-Gov't Code Section 6103 and 27383 12/3112008,20080177371 When Recorded, Mail to City Clerk City of Fresno 2600 Fresno Street Fresno, CA. 93721-3623 ABOVE SPACE FOR RECORDER'S USE Public Works Department City of Fresno PW File 8871 STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR UNDERGROUNDING OF UTILITIES ON PARCEL MAP 2004-14 AND SUBORDINATION RECITALS WHEREAS, SUBURBAN PROPANE, L.P., A LIMITED PARTNERSHIP, and STANLEY GREENBERG, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY AND AS HIS SEPARATE PROPERTY, BY DECREE OF FINAL DISTRIBUTION IN THE ESTATE OF IRWIN H. GREENBERG, DECEASED, FRESNO COUNTY SUPERIOR COURT PROBATE CASE NO. 05CEPR00876, A CERTIFIED COPY THEREOF RECORDED SEPTEMBER 22, 2006, AS DOCUMENT NO. 2006-0202682, FRESNO COUNTY RECORDS, hereinafter designated and referred to as the "Covenantor," is the owner of the real property situated in the City of Fresno, County of Fresno, State of California, hereinafter referred to as the "Subject Property" and more particularly described as: Parcel A, B and C of Parcel Map No. 2004-14 according to the map thereof recorded on December X31 20 0 1? in Book iA of Parcel Maps at Pages gi a -k S , Fresno County Records; and A. 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 1 B. All such instruments of Subordination, if any, are attached hereto and made a part of this instrument; and C. A condition of approval of Parcel Map 2004-14 is a requirement that the Covenantor remove all existing overhead utilities and place said utilities underground. D. The Covenantor has submitted a request to defer the undergrounding of utilities to an undetermined later date. E. The Covenantor and the City of Fresno desire to enter 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 ownerof 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 Covenantor agrees to install conduit of sufficient size and number(to be determined bythe 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 2 3. In the event that the CovenantorfaiIs to install the prescribed conduits or pay the cost and expenses of the 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, included 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 attorneys'fees,which may be incurred in successfully enforcing this Agreement against the Covenantor. 5. The Covenant shall be released 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 Statementshall be deemed independentand 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 Statement, any gender includes the other genders, the singular includes the plural and the plural includes the singular. ///// 3 Dated: �y, 7-n4 • 2008 CITY OF FRESNO: COVENANTOR: a Municipal Corporation SUBURBAN PROPANE, L.P., a Limited Part ership By: r By: Scott Mozier, P.E. Mar on 0, Assistant Director Vice Pr sident Business Development APPROVED AS TO FORM: James C. Sanchez STANLEY GREENBERG, City Attorney A Married Man as His Sole and Separate Property By By: A;;& DeputyCity Attorney Stanley Gre nberg Laurie Avedisian ATTEST: STANLEY GREENBERG, REBECCA E. KLISCH As his separate property, by decree of City Clerk final distribution in the estate of Irwin H. Greenberg, Deceased, Fresno County Superior Court probate case number By . 05CEPR00876, a certified copy thereof D ty City Clerk Recorded September 22, 2006, as Document No. 2006-0202682, r' ca�,�pF FRf��F Fresno County Records i 0 m a � � By:� Stanley Greenberg112 (Attach Notary Acknowledgement) ///// CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) On NDdrm6ir -7 , 2008, before me,itrmiLer Mg roar 4,1� personally appeared Scott Mozier, P.E. Assistant Director, who pry o ed'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(s) the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. / certify 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. REBECCA E. KLISCH City Clerk 14 of Fftj. t / � F n BY• � Dep City Clerk p°��JED 00 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on December 14, 2007 , in the office of the Fresno County Recorder in Book , paga (Document No. 2007-0221385 of which the Deed of Trust in by and between Stanley Greenberg , as Trustor, Chicago Title Company , as Trustee, and Yvette C. Greenberg, Trustee , as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants. Dated: 2008 By: - lu,6 6� sert name and title) YVETTE C. GREENBERG, Trustee of The Yvette Greenberg Trust dated 12/5/06 (Attach Notary Acknowledgement) 5 NOTARY SEAL CLARIFICATION I certify under penalty of perjury that the "Notary Seal" on the document to which this statement is attached reads as follows: Name of Notary: Sv5on C Commission Number: �O So33 Date commission expires: V-cOW .Il t 5 a oo q Place of execution: U:�h ; Qc)a-,--)�4 Q Date: q 1 Signature (Firm name, if any) Govt. Code Sec. 27361.7 SUSAN G. DELIA NOTARY PUBLIC OF NEW JERSEY My Commission Expires Feb.15,2009 STATE OF NEW JERSEY ) COUNTY OF MORRIS ) On � S , 2008, before me, �ysp G. 1 G, , Notary Public, personally appeared M - on-�O) _u:- 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. Notary Public Signature NOTARY PUBLIC SEAL SUSAN G. DELIA NOTARY PUBLIC OF NEW JERSEY My Corrmi s—i ( ., -es Feb. 15,2009 STATE OF CALIFORNIA ) COUNTY OF FRESNO ) On , 2008, before me, r l�fi� , Notary Public, personalty appeared STANLEY GREEN-BERG and YVETTE C. GREENBERG who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)4s/are subscribed to the within instrument and acknowledged to me that h,QLshre/they executed the same in hisser/their authorized capacity(ies), and that by hi&lh-cr/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. LINDA D. BENNETT COMM. #1754441 -+ NOTARY PUBLIC-CALIFORNIA FRESNO COUNTY ' My Comm, Expires July 27,2011 ~ No Public Signature NOTARY PUBLIC SEAL