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Home My WebLink AboutPM 2004-17 - Agreement/Covenant - 4/30/2008 PLEASE CONFORNl e'HIS COPS' Recording Requested by: Public Works Department City of Fresno No Fee-Gov't Code Section 6103 and 27383 061'�91'�@@7 ,700102663 When Recorded,Mail to City Clerk City of Fresno 2600 Fresno Street Fresno,CA. 93721-3623 ABOVE SPACE FOR RECORDER'S USE APN: 444-031-26 Public Works Department Parcel Map 2004-17 City of Fresno STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR UNDERGROUNDING OF UTILITIES FOR PARCEL MAP 2004-17 RECITALS A. FARMERS LUMBER and SUPPLY CO. MONEY PURCHASE PENSION PLAN, hereinafter referred to as the "Covenantor," is the owner of that certain real property, Assessor's Parcel Number 444-031-26, in the City of Fresno, County of Fresno, State of California, hereinafter referred to as "the subject property." See attached legal description. 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 this instrument; and D. A condition of approval of Parcel Map 2004-17 is a requirement that the Covenantor remove all existing overhead utilities and place said utilities underground. E. The Covenantor has submitted a request to defer the undergrounding of utilities to an undetermined later date. F. The Covenantor and the City of Fresno desire to enter into an agreement providing for the deferral and later construction of the underground utilities. 1 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 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 3. In the event that the Covenantor fails 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. 2 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 Statement 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 Statement, any gender includes the other genders, the singular includes the plural and the plural includes the singular. Dated: Z 2007 CITY OF FRESNO: COVENANTOR: a Municipal Corporation Farmers Lumber and Supply CO., Money Purchase Pension Plan r By: ( By: Mike T. Kim, P.E. Harold Manselian, Truste City Engineer By, � Robert Manselian, Trustee APPROVED AS TO FORM: By: ohn Manselian, Trustee James C. Sanchez City Attorney By : Auty 'i�h - ,Depw� CiV Ajtorpey auri A ve isia ATTEST: (Attach Notary Acknowledgement) REBECCA E. KLISCH City Clerk By Deputy City Cl rk -� Underground Utilities Py 04-17 3 CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On write 2 L , 2007, before me, person Ily appeared Mike T. Kirn, P.E. City Engineer 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 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. WITNESS my hand and official seal. REBECCA E. KLISCH CITY CLERK T, By Deputy City Cle c SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on , 2007 in the office of the Fresno County Recorder in Book , page (Document No. of which the Deed of Trust in by and between , as Trustor, as Trustee, and as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants. Dated: 2007 By: (Insert name and title) (Attach Notary Acknowledgement) LEGAL DESCRIPTION The land referred to herein is situated in the State of California,County of Fresno,City of Fresno, and described as follows: The North half and the Northerly 23 feet of the Southwest quarter of Lot 2 of Ramona Acres,in the City of Fresno,County of Fresno, State of California,according to the map thereof Recorded in Book 7 Page 37 of Plats,in the Office of the County Recorder of said County. Apn: 444-031-26 Designated as: Vacant Land Located at: 1221 West Clinton Avenue,Fresno,California End of Legal Description ALL PURPOSE CALIFORNIA ACKNOWLEDGEMENT STATE OF: CALIFORNIA COUNTY OF: Fresno On 5-14-2007 before me, S.S.Giguiere ,Notary Public personally appeared JOHN MANSELIAN 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 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 Ist e t. S. S. GIGUIERE WITNESS my ban an ffi ial seal COMM.#1663832 @,My NOTARY PUBLIC-CALIFORNIA Signature Comm.Exp�iresMayy229,2010 (SEAL) ALL PURPOSE CALIFORNIA ACKNOWLEDGEMENT STATE OF: CALIFORNIA COUNTY OF: Fresno On 5-15-2007 before me, Stacey Giguiere ,Notary Public personally appeared ROBERT MANSELIAN 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 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. WITNESS my h o ial seal S. S. GIGUIERE COMM.#1663832 m a NOTARY PUBLIC-CALIFORNIA Signature F- ° FRESNO COUNTY Y My Comm.Expires IAay 29,2010 (SEAL) ALL PURPOSE CALIFORNIA ACKNOWLEDGEMENT STATE OF: CALIFORNIA COUNTY OF: Fresno On 6-5-2007 before me, Stacey Giguiere ,Notary Public personally appeared HAROLD MANSELIAN 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 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. WITNESS my hand d cial seal S. S. GIGUIERE COMM. #1663832 Signature NOTARY PUBLIC-CALIFORNIA FRESNO COUNTY kV Comm, S May-99,2010 SEAL � S. S. GIGUIERE ' COMM. #1663832OTARY PUBLIC-CALIFORNIA-� r llbmf� FRESNO COUNTY Comm.Expires May 24,2010