HomeMy WebLinkAboutPM-97-01 - Agreement/Covenant - 2/12/2008 Recording Requested by:
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Public Works Department THIS Copy 11
City
City of Fresno
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City Clerk
City of Fresno
2600 Fresno Street
Fresno,CA. 93721-3623
ABOVE SPACE FOR RECORDER'S USE
APN: 487-180-01&02 Public Works Department
Parcel Map 97-01 City of Fresno
STATEMENT OF COVENANTS AFFECTING
LAND DEVELOPMENT FOR UNDERGROUNDING
OF UTILITIES ON PARCEL MAP 97-01
RECITALS
A. Colburn R.Thomason and Valdene Thomason, hereinafter referred to as the
"Covenantor," is the owner of that certain real property designated as Parcel Map 97-01,
Assessor's Parcel Numbers 487-180-01&02, 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 97-01 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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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
ownerof 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 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 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: 0Q\U.6U1,, H,'D D03240-7-
CITY OF FRESNO: COVENANTOR:
a Municipal Corporation
By: By:
Scott Mozier, P.E. C urn R. Thomason
Assistant Director
B �L
Valdene Thomason
APPROVED AS TO FORM:
James C. Sanchez (Attach Notary Acknowledgement)
City Attorney
By
Deputy City Attorney �-BtADL'e'(
ATTEST:
REBECCA E. KLISCH
City Clerk
a ✓
By
Deputy City Clerk t((8' 04'
3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of rA?Sn0
On before me, WDn Y-)if- C- +\Ckn'r_S �,-
Date Here Insert Name and Title of he Officer
personally appeared 1r1 -r VAS A 4ULt1
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(s)-whose name(s)4s/are subscribed to the
within instrument and acknowledged to me that
rvortNE C. HANKShe/she/they executed the same in his 4w/their authorized
Commission * 1751386 capacity(ies), and that by his/her/their signature(s) on the
: Notary Public -California = instrument the person(s), or the entity upon behalf of
Fresno County which the person(s) acted, executed the instrument.
MVC0nVR EVifes.h/14.2011
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.
Signature - �rb nA_-
Place Notary Seal Above '� Signatur of Notary Public
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:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General1. _
El Attorney in Fact ❑Attorney in Fact • LCUMM
❑ Trustee Top of thumb here ❑Trustee Top of thumb here
❑ Guardian or Conservator 0 Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
02007 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
CLERKS CERTIFICATION
State of California )
County of Fresno )
On January 18. 2008 before me, Elvia Sommerville, Deputy City Clerk, personally appeared,
Scott Mozier, P.E. Assistant Public Works 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 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, CMC
City Clerk,.City of Fresno
By
Deputy
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF FRESNO, COUNTY OF FRESNO,
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
Parcels A and B of Parcel Map No.97-01,according to the map thereof recorded in Book 58 Pages 2 and 3,of
Parcel Maps, Fresno County Records.
APN: 487-180-01, 02