HomeMy WebLinkAboutT-5409 - Agreement/Covenant - 7/7/2006 o ..
PLEASE CONFORM
Recording Requested by: THIS COPY
Public Works Department
City of Fresno
No Fee-Gov't Code Section
6103 and 27383
When Recorded,Mail to
City Clerk
City of Fresno 07/07/2006,20060141666
2600 Fresno Street
Fresno,CA. 93721-3623
ABOVE SPACE FOR RECORDER'S USE
APN No. 494-160-16 Public Works Department
Tract No. 5409 City of Fresno
STATEMENT OF COVENANTS AFFECTING
LAND DEVELOPMENT FOR UNDERGROUNDING
OF UTILITIES ON TRACT 5409
RECITALS
A. SSBI Stonemark Homes, L.P., a California Limited Partnership hereinafter
referred to as the"Covenantor,"is the owner of that certain real property described as Lot
1 of Tract No. 5409 as recorded in Volume 96 of Plats at Page(s) old f ,27
_, Fresno County records, in the City of Fresno, County of Fresno, State of California,
hereinafter referred to as "the subject_property".
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 Tract 5409 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
COVENANTS. CONDITIONS AND RESTR TIONS
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 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 attomeys'fees,which may
be incurred in successfully enforcing this Agreement against the Covenantor.
2
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: \JUU_X--- 2006
CITY OF FRESNO: COVENANTOR:
a Municipal Corporation SSBI Stonemark Homes, L.P., a
California Limited Partnership
By: AlrE. kwtj By: GP Stonemark Homes, LLC
Mike T. Kim, P.E. Its: General Partner
Assistant Director
By:
APPROVED AS TO FORM: Randy L. Bailey,Vice President
Sat Sangat Bhavan, Inc., Sole Member
James C. Sa hez
Ci ttom (Attach Notary Acknowledgement)
t
puty City Attorney Mailing address:
9252 Chesapeake Drive, Suite 100
San Diego, Ca. 92123
ATTEST:
REBECCA E. KL ISCH
City Clerk
By: '
putt'£i C
Covenants Underground UNlldes Trod 3409 gw
6/9/08
3
7 ,
V
CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On I At L7 , 2006, before me,
personally appeared Mike T. Kim, PE Assistant Public Works Di actor 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
which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
REBECCA E. KLISCH
CITY CLERK
By:
eputy Ci e
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed
of Trust recorded on 60-6-V)O—v- I Z0 cS.- ,2006, in the office of the
Fresno County Recorder in Book , page ( ocument N . t2*4f'oo?3Ltd`j 3
C�pf which the Degd of Trust in by and between S fofir� , as Trustor,
,c h , as Trustee, and ` �l-
Ben clary, hereby exprlessly subordinates said Deed of Trust and its beneficial interes
thereto to the foregoing Statement of Covenants.
Dated: 2006
BY•
(In6dirhame and title)
K.
vice, R(5 d
(Attach Notary Acknowledgement)
STATE OF CALIFORNIA )
) ss:
COUNTY OF SAN DIEGO )
On this_June 19, 2006 before me,Nicole Bussey, a Notary Public personally appeared
—Randy L. Bailey,personally known to me(or proved to me on the basis of satisfactory
evidence) to be the person whose name is/ak_subscribed to the within instrument and
acknowledged to me that he/sl�xecuted the same in his/l;&/Q(vff authorized capacity(3ejL
and that by his/l*4DAr.signatureW on the instrument the person(gkor the entity upon behalf of
which the persondl-=ted, executed the instrument.
WITNESS my hand and official seal.
n{ , t, t ' Signature
ANL
unity -
c,�,.,.
STATE OF CALIFORNIA )
ss.
COUNTY OF `i 111 1
On t 12, , 2006, before me, An, / a Notary Public,
personally appeared j f._V49 (�_ j lei personally known to
me ( to be the persoryKwhose nameo�'
$4W subscribed to the within instrument and acknowledged to me that�e she/On�y executed the
same in Wher/tl>ir authorized capacity and that by /her/tom signatures'on the
instrument the person}; or the entity upon behalf of which the person*acted, executed the
instrument.
AMY I.JONN 55MS
WITNE my hand and official seal. Hot
San DW90 County
%rimy Comm.Expkes Feb 56 2009
Not Publ'