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Home My WebLink AboutT-5450 - Agreement/Covenant - 12/4/2006 (3) t WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street Fresno, Ca 93721-3603 Uj 1.1/.21/2006,20060245833 NO FEE - Government Code 6103 L'— U p CITY OF FRESNO U Public Works Department P.W. File No. 10972 STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR THE RELOCATION OF PG&E TRANSMISSION FACILITIES AND EASEMENT FOR THE FINAL MAP OF TRACT NO. 5450 Statement of Covenants Relocation of PG&E Transmission Facilities and Easement Tract No. 5450 Page 2 RECITALS WHEREAS, SUNNYSIDE PROJECT, LLC, a California Limited Liability Company, hereinafter referred to as the "Covenantor", without regard to number or gender, is the owner of certain real properties in the City of Fresno, County of Fresno, State of California, hereinafter referred to as the "Subject Property" and more particularly described as: Lots 1 through 8, inclusive, 58, 59 and Outlot A of Tract No. 5450 according to the map thereof recorded on NnV ornh,e - -91 , 200/6 in Volume of Plats at Page(s) 22 Fresno County Records; and WHEREAS, 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 that all such instruments of Subordination, if any, are attached hereto and made a part of this instrument; and WHEREAS, the approval and recording of the Final Map of Tract No. 5450, filed in accordance with the conditions of approval of Vesting Tentative Map No. 5450, requires the relocation of the existing Pacific Gas and Electric Company (PG&E) transmission facilities and the relinquishment of the PG&E easement shown on said final map: and WHEREAS, said PG&E facilities and easement must be relocated before the Subject Property can be developed; and WHEREAS, the attached EXHIBIT A (PG&E letter to City Engineer dated September 22, 2006), summarizes the Covenantor's commitment and PG&E's work plan for such relocation; and Statement of Covenants Relocation of PG&E Transmission Facilities and Easement Tract No. 5450 Page 3 WHEREAS, the Covenantor has requested that the City provide consideration to proceed with the filing of said final map due the construction time for PG&E to complete such relocation; and WHEREAS, the Covenantor has requested the City to proceed with the approval and recording of the Final Map of Tract No. 5450 subject to certain limitations and restrictions for the development of the Subject Property. 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. 1. 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 . 2. Covenantor agrees that, a. the Subject Property shall not be sold, leased or financed, and b. no building permits will be issued for the development of the Subject Property. 3. The conditions of this Statement are intended to benefit the public and public properties. Accordingly, the City of Fresno shall have the right to enforce this Statement by any i Statement of Covenants Relocation of PG&E Transmission Facilities and Easement Tract No. 5450 Page 4 legal or equitable means against the Covenantor and such person or persons in actual possession of Subject Property who directly or who through any agent violate the terms hereof. If the City is required to commence any proceeding or legal action to enforce or interpret any term or condition of this Covenant, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses. 4. The foregoing conditions and obligations of this Statement shall remain in full force and effect until such time as the City Engineer of the City of Fresno issues a written release of such conditions and obligations and records such release with the Fresno County Recorder. The Covenantor agrees to reimburse the City for reasonable costs associated with the preparation and recordation of said release. Such release will be conditioned on the Covenantor providing a certification from PG&E that the relocation of the PG&E transmission facilities have been completed and a certified copy of the recorded quitclaim deed relinquishing the PG&E easement over the Subject Property. 5. 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 enforce ability 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. Statement of Covenants Relocation of PG&E Transmission Facilities and Easement Tract No. 5450 Page 5 DATED: // / ltw�e CITY OF FRESNO, COVENANTOR (Owner): a Municipal Corporation SUNNYSIDE PROJECT, LLC PUBLIC WORKS DEPARTMENT a California Limited Liability Company By: Granville Management, Inc. a California Corporation It's Manager C By: By: Mike T. Kirn, Assistant Director APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney By: zi(/ , Deputy (Attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of )*e,6-4A J49 ss. On ND✓- G 20(0 before me, ate Name and Title of Officer(e.g.,"Jane Doe,Notary Public") � personally appeared Gf/, (67-1 Ale U�67 L LTE,P� Name(s)of Signer(s) ,-?�personally known to me ❑ proved to me on the basis of satisfactory evidence A. MARSHALL to be the person(s) whose name(s) is/are subscribed TIFFANIE A .• COMM. MARS A to the within instrument and acknowledged to me that c� NOTARY PUBLIC"CALIFORNIA he/she/they executed the same in his/her/their FRESNO COUNTY authorized capacity(ies), and that by his/her/their My Comm.Expires Aug.4,2007 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. /� Place Notary Seal Above J:(V Q/f'(.(� Q• -Mwall a-,fl r If Signature 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 ❑ General MOWN, ❑ Attorneyin Fact ❑ Attorney in Fact Top of thumb here Y Top of thumb here ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0 2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827 ro Tract No. 5450/UGM P. W. File No. 10972 SUBORDINATION (for the Subject Property) The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on LIQ�S �ODJ in the office of the Fresno County Recorder as Document No. d''O16) Q2'0I of which the Deed of Trust in by and between: a Ca ll4v0s. Inkd 1 I 114-B as Trustor, FweGw 1-14- C-V' MWt4 As Trustee, and flmsim 02DtMtIl7 iary, hereby expressly subordin tes said Deed of Trust Ad its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development for the Relocation of PG&E Transmission Facilities and Easement for the Final Map of Tract No. 5450. DATED: WPLXW�' BENEFICIARY By: -rhp Uu I V P-t"i V By. C 4xi 60M P2 Beneficiary to print/type document info, Name, Title and attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Ae456Ny ss. On Aw, U, 2"0 , before me, 7-��>✓/E •�• /j'lf}�f��GC ,t�0,%9�f 5ate Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared 7A10X4A5 6• P��sG Name(s)of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed �lTIFFANIE A. MARSHALL to the within instrument and acknowledged to me that ^" COMM. #143he/she/they executed the same in his/her/their NOTARY PUBLIC•CALIFORNIA authorized capacity(ies), and that by his/her/their FRESNO COUNTY signature(s) on the instrument the person(s), or the wh Comm.Expires Aug.4,z0o7P. entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand andel official seal. Place Notary Seal Above ;.JL • I/�/ l�C�� Signature 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(fes) 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 ❑ General ❑ Attorneyin Fact . To of thumb here ❑ Attorney in Fact P Top of thumb here IN W111 i N" El Trustee El Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0 2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827 CLERK'S CERTIFICATION State of California) County of Fresno) On November 15. 2006 , before me, Elvia Sommerville , Deputy City Clerk, personally appeared, Mike T. Kim, Assistant 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 be 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. REBECCA E. KLISCH CITY CLERK, CMC �.C- U By `� Deputy 9 Pacific Gas and Bacwc company" Corporate Real Estate 850 V Street,Bag 23 South Valwy land Services Fresno,CA 93760-0001 September 22,2006 Mr.Mike Kim City Engineer City of Fresno 2600 Fresno Street Rm. 4019 Fresno, CA 93721-3623 RE: Relocation of PG&E facilities (Sanger/California Ave. No. 2 70kV pole line -Line No. 709 and Sanger/Malaga 11 SkY pale line—Line No. 805) to accommodate the road improvements for Tract 5477 and Tract 5450 located on the south side of Church Avenue from Sunnyside to Fowler Avenues, in the City ofFresno Dear Mr.Kirn: At the request of Granville Hames,Developer of Tract 5450, I am providing this letter to advise you that. PG&E has received from Granville the required signed Actual Cost Contract and requested payment for the above referenced electric transmission tine relocation project. The actual start of our construction is.currently scheduled for October 16t°. It is anticipated completion can be accomplished by the end of this year barring any unforeseen delays. Regarding the portion of PG&E's easement, fifty(50) feet in width,within the boundary of Tract 5450, once the existing transmission facilities have been relocated and removed from the easement PG&E will be able to relinquish its interest by executing the appropriate quitclaim deed. Should you have any questions you may contact me at(559)263-7373. S' ely, t�yWal Land Agent Fresno Land Services Ce: Darius Assemi, Granville Homes, Inc. Christine Lingenfelter,Granville Homes, Inc. Jeff Heidinger,PG&E Louis Rocha, City of Fresno EXHIBIT AJ