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Home My WebLink AboutPM 1997-05 - Agreement/Covenant - 8/10/2006 (2) 97144585 HICAo lr IN. PAST M RCrURN TO. CITY OF FRESNO DEVEWPhUM>UA>RTMEqT 01 3 0 1997 2600 Frve &real FRWN0 CA 93721-3604 FRESNO COUNTY, CALIFORNIA my WILLIAM C. QREENWOOD, County Recorder Donita Ghimenti FEE Parcel Map No. 97-05 Public Works Department PW File No. 5494 City of Fresno STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR UNDERGROUNDING OF UTILITIES ON PARCEL MAP NO. 97-05 RECITALS A. HUTTIG SASH & DOOR COMPANY, a Delaware Corporation, successor by merger with WESTERN AMERICAN FOREST PRODUCTS INCORPORATED, a California Corporation, hereinafter referred to as "the Covenantor", is the owner of that certain real property in thea City of Fresno, County of Fresno, State of California, hereinafter referred to as "the subject property and more particularly 7bed as Parcel Map No. 97-05, as recorded in Book of parcel maps, Page , Fresno County Records; and 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. 97-05 is a requirement that the Covenantor remove all existing overhead utilities and place said utilities underground; and E. The Covenantor has submitted a request to defer the undergrounding of utilities to an undetermined later date; and 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. Parcel Map No. 97-05 Page 2 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 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 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 r Parcel Map No. 97-05 Page 3 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. 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. CITY OF FRESNO, COVENANTOR a Municipal Corporation HUTTIG SASH & DOOR COMPANY, a Delaware Corporation, successor by merger with WESTERN AMERICAN FOREST By PRODUCTS INCORPORATED, a California Raymond G. Salazar, rector Corporation Public Works Department APPROVED AS TO FORM: By: �[ , (ok,t..Ik Dave Dean, HILDA CANTO MONTOY t•' �^'�` City Attorney / (Attach Notary Acknowledgement) By /z 7 Deputy// t ALL-PURPOSE ACKNOWLEDGMENT State of 9'Y144,aA .,, County of Yt." .� On 7—d9-9? before me, DATE personally appeared personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence)to be the person(s) whose name(s) is/are NOTARY STAMP OR SEAL 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. WITNESS my hand and official seal. ' MARIE M. KLOEPPEL Notary Public—State of Missoun St.Ch^r—z County My Commission Expires 3-7-99 SIGNATURE OF NOTARY The data below Is not required by law, though 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 59 CORPORATE OFFICER Pwreir h�0 /�Raewter�l CoatN�+�i 17-6y C.-Jr.14r TITLE OF DOCUMENT TITLEIS) ❑ PARTNER(S) ❑ LIMITED C1 GENERAL C1TRUSTEE(S► 3 ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ GUARDIAN/CONSERVATOR ❑ OTHER 7 /27/1-) DATE OF DOCUMENT PERSON SIGNING IS REPRESENTING: NAME OF PERSON(S)OR ENnTYUES) SIGNER(S) OTHER THAN NAMED ABOVE CLERK'S CERTIFICATE STATE OF CALIFORNIA ) ss. COUNTY OF FRESNO ) On October 20Th 1997, before me, Jocelyne Gueret personally appeared Raymond Salazar, Director personally known to me (or provided to me on the basis of satisfactory evidence) to be the persons(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 person(s) acted, executed the instrument. WITNESS my hand and official seal. REBECCA E. KLISCH CITY CLERK By jC M0- G'Ld)o UTY HUTTIG SASH & DOOR COMPANY 1266 North Maple Avenue Fresno, California, 93703 GAW:plc:bjw FP97-05U.DOC (Revised 07/14/1997)