HomeMy WebLinkAboutPM 1998-15 - Agreement/Covenant - 8/11/2006 (4) x
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PLEASE CONFOHNI
02/26/1999,19990030542
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ABOVE SPACE FOR RECORDER'S USE
Parcel Map No. 98-15 Public Works Department
PW File No. 5494 City of Fresno
STATEMENT OF COVENANTS AFFECTING
LAND DEVELOPMENT FOR UNDERGROUNDING
OF UTILITIES ON PARCEL MAP NO. 98-15
RECITALS
A. STEPHEN INVESTMENTS, INC., a CALIFORNIA 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. 98-15, recorded in
Book of parcel maps, Pages and , 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. 98-15 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.
STEPHENW.GAW
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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 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 Covenantorfails 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.
-2- STEPHEN[W.GAW
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.
Dated:a,A- og, /g� —
ACCEPTED BY: COVENANTOR
CITY OF FRESNO Stephen Investments, Inc.,
a municipal corporation a California Corporation
By By:
John A. White tephen Pilibos
ublic Works Director President
Mailing Address:
APPROVED AS TO FORM: 2141 Tuolumne, Suite A
Fresno, CA 93721
HILDA CANTU ONTOY
City Attome
By:
e //)
uty
(Attach Notary Acknowledgment)
GAW/ems
Stephenlnv.gaw
01/27/99
-3- STEPHENINV.GAW
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CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
) ss.
COUNTY OF FRESNO )
On February 24th, , 1999 , before me, Jocelyne Gueret
personally appeared
John A. White , Public Works Director 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/theirsignature(s)on the instruments)the person(s),orthe 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
eput
-__-V
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed
of Trust recorded on , 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 Acknowledgment)
COVEN,MAS
January 27, 1999 .
'4' STEPHENINV.GAW
State of California RIGHT THUMBPRINT(Optional)
County of (?-/,L( FoP-N 1 A
On 1 - a19 - 9R before me, KAREN L I2AjY,S 4 ,. No:Awy t1t3�IC
(DATE) (NAMEITITLE OF OFFICER•I.s.'- DOE,NOTARY PUBLIC')
personally appeared Y. SrF illI0 Ecv 1 k I ans
INAMEIS)OF SIGNER(Sl)
CAPACITY CLAIMED BY BIGNERIB)
OINDIVIDUALIS)
OCORPORATE
�. personally known to me -OR- Oproved to me on the OFFICER(S)
basis of satisfactory IT.
evidence to be the OPARTNERIS) ❑LIMITED
person04 whose name(V ❑GENERAL
Is/afe subscribed to the ❑ATTORNEY IN FACT
within instrument and OTRUSTEEIS)
acknowledged to me that OGUARDIAN/CONSERVATOR
he/she/t4wexecuted the ❑OTHER:
same in his/loaf'/t#etr
KAREN L. RAMSDEN authorized capacity(ies�,
Comm.11179926 N and that by his/lei/ttf SIGNER IB REPRESENTING:
NQMV
NOTARY PUBLIC-CALIFORNIA signature(�4 On the (Name of Pereonle)or Entltyllee)
Fresno Cennty ; instrumentthe person(*,
Cafam,WIFoe Mal 13,2002 or the entity upon behalf
of which the person(,.
acted, executed the
instrument. RIGHT THUMBPRINT(Optional)
Witness my hand and official seal.
(SEAL)
(SIGNATURE OT RY)
CAPACITY CLAIMED BY BIGNERIB)
OINDIVIDUAL(S)
OCORPORATE
ATTENTION NOTARY
OFFICER(S)
The information requested below and in the column to the right is OPTIONAL. mTU!°'
Recording of this document is not required by law and is also optional.
It could, however, prevent fraudulent attachment of this certificate to any OPARTNER(S) ❑LIMITED
unauthorized document. OGENERAL
❑ATTORNEY IN FACT
THIS CERTIFICATE Title or Type of Document ❑TRUSTEEIS)
MUST BE ATTACHED ❑GUARDIAN/CONSERVATOR
TO THE DOCUMENT Number of Pages Date of Document ❑OTHER:
DESCRIBED AT RIGHT:
Slpner(e)Other Than Named Above
SIGNER IB REPRESENTING:
(Name of Person(s)or Entity(les)
WOLCOTT$FORM 63237 Rev.3.64(price clue e•2A) 01004 WOLCOTTS FORMS,INC.
ALL PURPOSE ACKNOWLEDGMENT FOR CALIFORNIA WITH SIGNER CAPACITY/REPRESENTATION/TWO FINGERPRINTS
IIIIIIIII VIII I IIII II I
7 67775 63237 8