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Home My WebLink AboutPM 2006-27 - Agreement/Covenant - 11/1/2007 i Recording Requcstcd by: IIII�Il lIl l�ll��III I�I Ill II I�I�I illi!lil IIII Public Works Department City or Fresno FRESNO County Recorder No Fee-Gov't Code Section Robert C. Werner 6103 and 27383 DOC— 2007-0135651 When Rewrdetl,Mall to Monday, JILL 16, 2007 09:53:34 City Clerk Tt l Pd $0.00 RG R br-e@02 5 55229 City of Fresno 2600 Fresno Street Fresno,CA. 93721-3623 ABOVE SPACE FOR RECORDER'S USE APN: 328-032-28 Public Works Department Parcel Map 2006-27 City of Fresno STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR UNDERGROUNDING OF UTILITIES FOR PARCEL MAP 2006-27 RECITALS A. 1240 PALMETTO, LLC, a Nevada Limited Liability Company hereinafter referred to as the "Covenantor," is the owner of that certain real property, Assessor's Parcel Number 328-032-28, in the City of Fresno, County of Fresno, State of Califomia, hereinafter referred to as "the subject property." See attached legal description (Exhibit"A"). 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 2006-27 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 Cavenantor and the City of Fresno desire to enter into an agreement providing for the deferral and later construction of the underground utilities. Descripfion: Fresno,CA Document-Year.DoclD 2007.135651 Page: 1 of 6 Order., Sts Comment., COVENANTS, CONDITIONS AND RESTRICTIONS i The Covenantor hereby covenants that the Subject Property shall be held, i conveyed,encumbered, used, occupied,developed, maintained,and improved subject to the following covenants, conditions, and restrictions, which are for the Ourpose of enhancing attractiveness, usefulness, value, desirability, and safety of the Subject Property, the surrounding property, and the public at large, and to minlmize 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 ofexisting 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 eventthat the Covenantor fails to install the prescribed conduits or pay the cost and expenses of the conduit installation,the casts 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 Description: Fresno,CA Document-Year.DoclD 2007.135651 Page:2 of 6 - Order., Sas Comment. 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 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: f 2007 CITY OF FRESNO: COVENANTOR: a Municipal Corporation 1240 Palmetto, LLC, a Nevada Limited Liability Company By: - )� 12By Mike-T. irn, P.E. S ha i merman, Manager City Engineer APPROVED AS TO FORM: James C, Sanchez City Attorney 1240 Palmetto, LLC 3100 Donald Douglas LP N #107 By = Santa Monica, CA 90405 Deputy City Attorney k•6wssbLF ATTEST: (Attach Notary Acknowledgement) REBECCA E. KLISCH City Clerk _ By Deputy City Clerk y f/31p7 Undarground Utibus PM 08-27 3 Description: Fresno,CA Document-Year,DoclD 2007.135651 Page: 3 of 6 Order., Sas Comment: i I ACKNOWLEDGMENT State of California County of OnIZ ? before me, ' ( �tfi (here insert name and titYe of the officer) personally appeared ��K _ AN,,hI—wh'1w pars me (or proved to me on the basis of satisfactory evidence)to be the personj&Kwwhose name Rare subscribed to the within instrument and acknowledged to me that executed the same in&31her/their authorized capacity(i , and that by k herltheir signature(sfo'n the instrument the person(s), or the entity upon behalf of which the person( 'acted, executed the instrument. WITNESS my hand and official seal. E H COMM. 01440855 Nolary Public-California P z Los Ange6i%uruy Signature camrn.Ex res�+ 72 2008 I (Seal) Description:Fresno,CA Document-Year DoclD 2007.135651 Page: 4 of 6 Order. Sas Comment; CLERK'S CERTIFICATION I STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On , 2007, before me YIRJII r pe onal 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/shelthey executed the same in his/her/their authorized capacity(ies), and that by h,is/her/their slgnature(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. Kt_ISCH CITY CLERK' - By Deputy City Clerk w!'!1M'M'!}*arty*ta*taaaa*t*laf,rtfrf-w�fl,FMffM****rMffl iMflrRaaaaaaaa�►iiiiiiiiiia,k�faraaar,araaarrwra•aaa..a 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 I By: (Insert name and title) (Attach Notary Acknowledgement) Description: Fresno,CA Document Year.Doc/D 2007.135659 Page: 5 of 6 order.•Sas Comment. Exhibit "A" TIM LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF�RESNO, COUNTY OF M-SNO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: Lot 1.44 of Fresno Colony,in the City of Fresno,County of Fresno, State of California, according to the map thereof recorded in Book 2,Page 8 of Plats,Fresno County Records. AFN: 328-032-28 5 i Description: Fresno,CA Document-Year-DoCID 2007.135651 Page. 6 of 6' --- Order., Sas Comment,