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Home My WebLink AboutPM 2009-06 - Agreement/Covenant - 1/12/2011 (3) Recording Requested by: Public Works Department City of Fresno No Fee-Gov't Code Section 6103 and 27383 When Recorded,Mail to City Clerk 20110004434 City of Fresno 01 11212011 2600 Fresno Street Fresno,CA. 93721-3623 ABOVE SPACE FOR RECORDER'S USE APN: 467-030-31 ST Public Works Department U.O Parcel Map 2009-06 City of Fresno Z 0 U w STATEMENT OF COVENANTS AFFECTING Liu LAND DEVELOPMENT FOR UNDERGROUNDING -J OF UTILITIES ON PARCEL MAP 2009-06 a RECITALS A. Fresno County Employees' Retirement Association, a Political Subdivision of the State of California, hereinafter referred to as the"Covenantor", is the owner of that certain real property designated as Parcel Map 2009-06, Assessor's Parcel Number 467- 030-31 ST, in the City of Fresno, County of Fresno,State of California, 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 2009-06 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 by the utility companies)to accommodate thefuture 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 thatthe 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. 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 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: 2010 CITY OF FRESNO: COVENANTOR: a Municipal Corporation Fresno County Employees' Retirement Association, a Political Subdivision of the State of California By: Scott Mozier, P.E. 1*7 Assistant Director By: _t Eu alio Gomez, Chairman FCERA Board of Retirement APPROVED AS TO FORM: James C. Sanchez By: City Attorney James E. Hackett, Vice-Chairman FCERA Board of Retirement 2 Z2 (Attach Notary Acknowledgement) an h in, y City ey ATTEST: REBECCA E. KLISCH City Clerk By : 4"- Y. Deputy City Clerk ia(a�10 3 CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) On eCL,ryi6--r" 22 , 2010, before me, 5he(r� personally appeared Scott Mozier, P.E. Assistant Director, 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(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 California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. REBECCA E. KLISCH City Clerk ByAepuityCity)C�Ierk�6kto **,►**************w***********.,****,Www************�.***************�w*******.�*********w***************«, SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on , 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. By: Dated: 2010 (Insert name and title) (Attach Notary Acknowledgement) Please provide signing authority for the subordinating interest. LEGAL DESCRIPTION EXHIBIT"A" T1iE LAND REFERRED TO HEREIN BELOW IS SITUATED COUNTY OF FRESNO,STATE OF CALIFORNIA AND is DESCRIBED AS FOLLOWS: City of Fresno Beginning at a point in the Southwesterly prolongation of the Northwesterly line of Tulare Street(80 feet wide),as shown and delineated on that certain map entitled "Map of the Town of Fresno",filed June 8, 1876, in the office of the County Recorder of Fresno County,in Plat Book 1 Page 2 said point lying S 480 09'38"W,a distance of 153.10 feet from the point of intersection of said Southwesterly prolongation of the Northwesterly line of Tulare Street with the Southwesterly line of"H"Street;thence North 410 50'46"west,parallel with the Southwesterly line of"H"Street,a distance of 400.19 feet to a point in the Southwesterly prolongation of the Southeasterly line of Mariposa Street(80 feet wide)as shown on said map;thence N 480 09'54"E,along last said prolongation,a distance of 150.23 feet to a point which lies S 480 09'54"W,a distance of 2.87 feet from the intersection of the Southwesterly prolongation of the Southeasterly line of Mariposa Street with the Southwesterly line of"H"Street;thence N 530 53' 13"W,a distance of 274.19 feet;thence along a tangent curve to the left, concave to the South,with a radius of 200 feet,a central angle of 610 42'49"and an arc length of 215.42 feet;thence N 410 48'44"W,a distance of 9.76 feet;thence S 57"34'38"W,a distance of 75.47 feet more or-less,to a,point in-a line-parallel with and distant 25 feet Northeasterly,measured at right angles,from the centerline of Union Pacific Railroad Company's Fresno Subdivision main track;thence S 410 50' 14" E parallel with and distant 25.00 feet Northeasteriy from said centerilne of Union Pacific Railroad Company's Fresno Subdivision main track, a distance of 835.49 feet to a point in said Southwesterly prolongation of the Northwesterly line of Tulare Street; thence N 481 09' 38" E along said Southwesterly prolongation of the Northwesterly line of Tulare Street a distance of 121.90 feet to the point of beginning. Excepting therefrom all minerals and all mineral rights of every kind and character now known to exist or hereafter discovered underlying the Property,Including,without limiting the generalityofthe foregoing,oil and gas and rights thereto, together with the sole, exclusive and perpetual right to explore for, remove and dispose-ofsaid minerals-by-any-meansror-metheds-suitable-te-GrantoFlts-successors and assigns,but without entering upon or using the surface of the Property,and in such manner as not to damage the surface of the Property,or to interfere with the use thereof by Grantee, its successors or assigns. Also excepting therefrom all fiber optic lines and fiber optic appurtenances, if any, now located on the Property. APN: 467-030-31ST CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California I County of On a-� a t before me, Vv� t Z �3 [,-T Date Here Insert Name and a of the Officer personally appeared � -�-��-�� ' ''''�R Name s) f Signer(s) 1 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s).-i�6`,are subscribed to the within instrument and acknowledged to me that Afir /they executed the same in f %their authorized capacity(ies), and that by KIM M. JANTZheir signature(s) on the instrument the COMM. #1743360 person(s), or the entity upon behalf of which the 0 m NOTARY PUBLIC-CALIFORNIA person(s) acted, executed the instrument. FRESNO COUNTY F My Camm.Expires June 1,2011 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. ,S,,_ Signature: e4,_� A4 Place Notary Seal and/or Stamp Above Signature of Notary P blic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: q -j Document Date: t Q-1 a 10 Number of Pages: S Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: C Corporate Officer—Title(s): C Corporate Officer—Title(s): ❑ Individual ❑ Individual M. ❑ Partner—❑Limited ❑General Top of thumb here ❑ Partner— i Limited C General Top of thumb here ❑ Attorney in Fact �Attorney in Fact ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator Iti ❑ Other: ❑Other: I< v Signer Is Representing: Signer Is Representing: I I c. '-^�C.�%c- . �,zcryr��_.. 1��spa`-1'G— ''��kF�C,^F�`c•47c%4'Es,`t?RF��v`e?' '��' '`yy"=��'!v"�4`�%Lx-C.�%G'�=sky._ 02008 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1.800-876-6827