HomeMy WebLinkAboutPM 2005-17 - Agreement/Covenant - 5/22/2007 - ,
'Y LE AjE CONFORM
HIS COPY
Recording Requested by:
Public Works Department
City of Fresno
No Fee-Gov't Code Section
6103 and 27383
When Recorded,Mail to
City Clerk
City of Fresno
2600 Fresno Street
Fresno,CA. 93721-3623 01/22/200710070013231
ABOVE SPACE FOR RECORDER'S USE
APN 427-081-15 Public Works Department
Parcel Map 2005-17 City of Fresno
STATEMENT OF COVENANTS AFFECTING
LAND DEVELOPMENT 'FOR UNDERGROU,NDING
OF UTILITIES FOR PARCEL MAP 2005-17
.RECITALS
A. KNOTT PROPERTIES, a General Partnership hereinafter referred to as the
"Covenantor," is the owner of that certain real property located at 4838 N. Balackstone
Avenue, Assessor's Parcel Number 427-081-15, 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 2005-17 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.
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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 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
3. In the event that the Covenantorfails 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.
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5. The Covenant shall be released of no further effect upon a written
determination by the undersig"ned.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: 1 2006
CITY OF FRESNO: COVENANTOR:
a Municipal Corporation Knott Properties, a General Partnership
By: By:
7 .
Mike T. Kim, P.E. dt""on " Knott, Partner
City Engineer
(Attach Notary Acknowledgement)
APPROVED AS TO FORM:
James C. Sanchez
City Attor y
By
Deputy City Attorney
ATTEST:
REBECCA E. KLISCH
City Clerk
By
Deputy City Clerk
Underground Utilities PM
11/10/06
�p C, C)c
ALL-PURPOSE ACKNOWLEDGMENT
• State of California
' County of 5•.) SS. '
' On /V ovum(,6 VL— I L�, Yoa before me, eLVt - �'.�—ZtJ NntarY Pubs ;r.
� (DATE) (NOTARY) �
personally appeared o A �-4V++
' - 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, '
• 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. '
• •
DAVE DREW
' Coma.#1830128 '
• M0iAMURK- OWN WITNESS my hand and official seal. •
' w Corr.E!,01C 15.
'
- NOTARY'S SIGNATURE •
' OPTIONAL INFORMATION '
' The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgment to an unauthorized document. •
' CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED,DOCUMENT
!• ❑ INDIVIDUAL 9{+�►(e-�,,,�— 0� �YE ,�T���rM C.6's-� •
❑ CORPORATE OFFICER U r mfi 041 A'e !
O_R T E OF �UMENT '
� Zai.
TITLE(S)
•' ,K-PARTNER(S) •NUMBER OF PAGES '
ATTORNEY-IN-FACT' j. •❑ TRUSTEE(S) �✓ I 1 i y0o1 '
• ❑ GUARDIAN/CONSERVATOR DATE OF DOCUMENT •
_' ❑ OTHER: '
' OTHER '
' RIGHT THUMBPRINT t '
SIGNER IS REPRESENTING:
NAMWF PERSON )OR ENT Y(1!S) I // _ OF '
` vt o ��O �r «i i u e,,,.�Da P .t h.P SIGNER '
L
"Em.O.-NEW-0-slow* Now-e-91M. e.9nowe 'J
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APA 5/97 VALLEY-SIERRA,800-362-3369
CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO)
On'January 19, 2007, before me, Elvia Sommerville, Deputy City Clerk, City of Fresno,
personally appeared, Mike T. Kim, P.E. Assistant Public Works Director, 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 and official seal.
REBECCA E. KLISCH
CITY CLERK, CMC
o
By
,; ��t+�ott►rDeputy �
�GatfiSi{ b � -
t
LEGAL DESCRIPTION
The land referred to herein is situate d in the State of California,County of Fresno,City of Fresno,and-
described as follows:
Parcel 1:
The North 2 %acres of the South 5 acres of the Southwest quarter of the North half of Lot 8 in Block
'B" of Wolters Colony,in the City of Fresno, State of California,according to the map thereof,recorded
in Book 2,Page 10 of Plats,Fresno County.Records:
Except that portion thereof lying within the State Highway conveyed to the State of California by deed
recorded December 13, 1943 in Book 2130,Page 3.18.of Official Records. .
Parcel 2:
All that portion-of Lot 8 in Block`B"of Wolters Colony,in the City of Fresno,County of Fresno,State
of California,according to the map thereof,recorded in Boo k 2,Page 10'ofPlats,Fresno County .
Records,more particularly described as follows:
Commencing at the Northwest corner of Section 15,Township 13 South,Range 20 East,Mount Diablo
Base and Meridian;thence South 0' 18'30"West along the West line of said Section 15,a distance of
1149.34 feet;thence North 89° 56'30"East a distance of 55.00 feet to a point on the Easterly right of
way line of Blackstone Avenue,being the North line of the South 2 %a acres of the Southwest quarter of
the North half of Lot 8 in said Block B of Wolters Colony,and the true point of beginning of this
description;thence continuing along said North line North 89° 56'30"East a distance of 609.12 feet,
more or less,to a point on the East line of the Southwest quarter of t he North half of said Lot 8.in Block `
B of Wolters Colony,which lies North 0° 19' 10"East,a distance of 164.35 feet from the Southeast
comer thereof;thence South 0' 19' 10"West a distance of 0.33 feet;thence South 89° 56' 30"West a
distance of 609.12 feet,more or less,to the Easterly right of way of Blackstone Avenue;thence North 0 °
18' 30"East a distance of 0.33 feet to the True Point of Beginning.
Apn 427-081-15
Designated as: a Commercial Building
Located at: 4838 North Blackstone Avenue
Fresno,California
End of Legal Description