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Home My WebLink AboutPM 1992-16 - Agreement/Covenant - 8/15/2006 (3) P. y ? 003125 RETURN TO: RECORDED AT REQUEST OF CITY OF FRESNO DEVFZ.OPA4FTiT DFTARThiF1V'P 2600 Fano Stred FRESNO CA 93721.3604 S-_ '12 N F T' MIN. PAST I M l JUL 2 3 1997 FRESNO COUNTY, CALIFORNIA WILLIAM C. GREENWOOD, County Recorder Donita Ghimenti FEE BY DSPU;Y "^CORDER ABOVE SPACE FOR RECORDER'S USE Parcel Map No. 92-16 Public Works Department PW File No. 5494 City of Fresno STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR UNDERGROUNDING OF UTILITIES ON PARCEL NIAP NO. 92-16 RECITALS A. P & R PROPERTIES, a General Partnership, hereinafter referred to as "the Covenantor'', is the owner of that certain real property in the City of Fresno, County of Fresno, State of California, hereinafter referred to as "the subject property" and more particularly described as Parcel Map No. 92-16, 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 in to 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 No. 92-16 is a requirement that the Covenantor remove all existinLy 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- P&RPROP.GAW CONDITIONS. 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 fovenants, 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 Covenantors a-rees 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 Covenantor fails to install the prescribed conduits or pay the cost and expenses of 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, including 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. According, 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 attorney's fees, which may be incurred in successfully enforcing this Agreement against the Covenantor. 5. The Covenant shall be released and 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. -1- M"RORGAw 6. The provisions of this Statement shall be deemed independent and severable and the invalidity or partial invalidity or unforceabiility 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: ACCEPTED BY: COVENANTOR CITY OF FRESNO P &R Properties a municipal corporation a General Partnership By Byoe� Raymond G. Salazar Chester L. Rayofioitz Public Works Director APPROVED AS TO FO HILDA vT'LT 1v NT City Art ey Glenn Prickett By: eputy (Attach Notary Acknowledgment) GAW/pcl 2/12/97 -3- P&RMOP.cww CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT N,,5907 State Of California County Of Fresno On February 24, 1997 before me, Loretta CiGnProG° a Notary P„hliC , DATE NAME,TITLE OF OFFICER-E.G.,-JANE DOE,NOTARY PUBLIC- personally appeared Chester L. Raypholtz and Glenn Prickett NAME(S)OF 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 ac- knowledged 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 �. L0R_M;A CISWEROS person(s) acted, executed the instrument. COMM. #1011590 w a: m NOTARY PUBLIC-CALIFORNIA N FRESNO COUNTY WITNESS my hand and official seal. •y"F° My Comm. Exp. Jan.11.1992 SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONS)OR eMW(IES) SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Parc,CA 91309-7184 CLERK'S CERTIFICATION STATE OF CALIFORNIA ) ) ss. COUN'T'Y OF FRESNO ) On July 10 , 199 7 , before me, Elvia Sommerville personally appeared Raymond G. Salazar, Dir . Public works 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 the CITY OF FRESNO of which the persogs) acted, executed the instrument. WITNESS my hand and official seal. REBECCA E. KLISCH City Clerk 0 By Deputy ****************************************************************************** SUBORDINATION The undersisned as holder of the beneficial interest in and under that certain Deed of Trust recorded on V , 199 , 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 Improvement Agreement. Dated: 199 (Attach Notary Acknowled;=mens) COVE Maar February 111997 -4- P&RPROP.GAW 1D� "A" The Northwest quarter of the Northwest quarter of the Southwest quarter of Section 28, Township 13 South, Range 21 East, Mount Diablo Base and Meridian, in the City of Fresno, County of Fresno, State of California, according to the Official Plat thereof. Excepting therefrom the North 30 feet and the West 60 feet thereof. Also excepting therefrom the East 128.00 feet of the West 360.00 feet of the South 70.00 feet thereof.