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Home My WebLink AboutPM 1995-19 - Agreement/Covenant - 8/15/2006 (3) . y 0 085 1 6 4 RECORDED AT REQUEST OF 4U�i .;ENTR TITLE MFANY RUMTO. CITY OF FRESNO DLNEWP MM DFPARTrAEN't MIN. PAST YM 2600 Frmo Sired r r1^ e FRESNO CA 93721-3604 _— L.O N':� ..,i JUL 0 3 1997 FRESNO COUNTY, CALIFORNIA WILLIAM C. GREENWOOD, County Recorder Donita Ghimenti FEE BY DEPUTY RECORDER S ABOVE SPACE FOR RECORDER'S USE Parcel Map No. 95-19 Public Works Department PW File No. 5494 City of Fresno STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR UNDERGROUNDING OF UTILITIES ON PARCEL MAP NO. 95-19 RECITALS A. NANTUCKET PROPERTIES,INC.,a Nevada Corporation, 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. 95-19,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. 95-19 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- NAMMT.GAW CONDMONS_ 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 Covenantors 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 Covenantor fads 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. -2- NANM.Gww ■ 6. The provisions of this Statement shall be deemed independent and severable and the invalidity or partial invalidity or unforceability 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: </ Cl q ACCEPTED BY: COVENANTOR CITY OF FRESNO NANTUCKET PROPERTIES, INC., a municip rporation a Nevada Corporation By By: i Ra and G. Sala7a 16avid Shepher , i - eside t Public Works Director APPROVED AS TO FORM: I-iII.D � Y City ttorn (Attach Notary Acknowledgment) By: � Puty GAW/pcl 5/19/97 -3- NAN=.GAW CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Fresno On May 22 , 1997 before me, Deanna Kay Sabin, Notary Public —, DATE NAME,TITLE OF OFFICER-E.G.,-JANE DOE,NOTARY PUBLIC- personally appeared David Shepard 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 r o capacity(ies), and that by his/her/their .. .�, Deanna Kay 329 signature(s) on the instrument the person(s), v Comm #1059329 ^^ NOTARRESNOC UAUFORNIA0 or the entity/ upon behalf of which the FRESNO COUNTY � J p COMM Exp PAay25.1999 � person(s) acted, executed the instrument. WITNESS my hand and official seal. Sih^A�Aj -i kr7j-4, TORE 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 Statewr t Of Oxermr is Affecting Iand ❑ INDIVIDUAL fbr LbdErgrcwjNM Of Utilities on Farrel Map CORPORATE OFFICER No. 95-19 Vice President TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL Fbur (4) ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTTTYQES) SIGNER(S)OTHER THAN NAMED ABOVE ----- - -------- - ---- -- 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On JUNE 9TH , 1997, before me, Jocelyne Gueret, personally appeared Raymond G. Salazar, Public Works Director, known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) 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 person(s) acted, executed the instrument. WITNESS my hand and official City Seal. REBECCA E. KLISCH CITY CLERK BY: (-I (Yjjtjm C .,-Itr �IEPUT RECORDING REQUESTED BY Central Title Company And when recorded mail W Dwane Strickland Central Title Company 1155 W. Shaw Ave. Fresno, CA 93711 SUBORDINATION AGREEMENT Ready Mortgage Partnership No 809, a California Limited Partnership as Assignee of the beneficial interest in and under that certain Deed of Trust dated March 4, 1997 and recorded March 13, 1997,in the office of the Fresno County Recorder in Book Page of Official Records as Instrument Number 97033030 & 97033931, of which the Deed of Trust is by and between Nantucket Properties Inc., a Nevada Corporation, as Trustor, Ready Mortgage Service Corporation, as Trustee and Ready Mortgage Partnership No. 809 a California Limited Partnership, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereunder to the foregoing Statement of Covenants affecting Land Development for underground utilities. DATED: 4' h-7 Ready Mortgage Partnership No. 809, a Cal' rnia Limited Partnership By:. (� �� r �•�es t b7Cl�� BY: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT WSW V State of CALIFORNIA County of FRESNO On JUNE 6, 1997 before me, &Z'A/A AQWU6& DATE ..00WAWL TME OF OFFICER-EA-' DOE NOTMY personally appeared ��/�utrA �• /[_E, ❑ 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 GLOQKD.ADAM capacity(ies), and that by his/her/their ' lo=/ signature(s) on the instrument the person(s), gh,comm.EM*«AMa IM or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SKMATURE OF NOTMY OPTIONAL Though the data below is not required by taw.it may prove valuable to persona relying on the document and could prevent fraudulent reattachment of this forth. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL } ❑ CORPORATE OFFICER SUBORDINATION AGREEMENT TmEla) TITLE OR TYPE OF DOCUMENT ® PARTNER(S) 0 LIMITED ❑ GENERAL 1 ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ,•; ❑ TRUSTEE(S) �' ❑ GUARDIANCONSERVATDR ❑ OTHER: JUNE 6, 1997 DATE OF DOCUMENT Y NIMIE O/FEIgDNAI OR EIARYpES1 . t' f SIGNER(S)OTHER THAN NAMED ABOVE 1 dNt h WTWVAAI Nf1TAM/LQQfV'JATb'W.090M s----A... O A w T1 . +.--...s... � E =IT "A" Parcel "A" of Parcel Map No. 77-39, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Book 26, Page 53, of Parcel Maps, Fresno County Records. NANTUCKET PROPERTIES, INC. 2170 North Winery Avenue Fresno, California 93703 Revised Agre mese wr 13,IM-Reseed me nia+cn Hee. BJW:bjw FP95-19B.DOC