HomeMy WebLinkAboutT-5477 - Agreement/Covenant - 5/29/2007 (3) " ". WHEN RECORDED MAIL T0:
City Clerk
City of Fresno
2600 Fresno Street '05./24/2007120@70102575
Fresno, Ca 93721-3603
O n— NO FEE - Government Code 6103
L.) CD
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C:) CITY OF FRESNO
Public Works Department
P.W. File No. 11003
STATEMENT OF COVENANTS AFFECTING LAND
DEVELOPMENT FOR THE RELOCATION OF PG&E
TRANSMISSION FACILITIES AND EASEMENT FOR THE
FINAL MAP OF TRACT NO. 54779
PHASE 3 OF VESTING TENTATIVE MAP 5248
Statement of Covenants
Relocation of PG&E Transmission Facilities and Easement
Tract No. 5477
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 9, Lots 155 through 158, Lots 199 through 213,
inclusive, of Tract No. 5477 according to the map thereof
recorded on MOM 2009 in Volume '?a_of Plats at
Page(s)_V,2 Y3 4 yy 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. 5477, filed in
accordance with the conditions of approval of Vesting Tentative Map No. 5248, 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
March 09, 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. 5477
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. 5477 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
legal or equitable means against the Covenantor and such person or persons in actual
Statement of Covenants
Relocation of PG&E Transmission Facilities and Easement
Tract No. 5477
Page 4
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.
i
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.
f
Statement of Covenants
Relocation of PG&E Transmission Facilities and Easement
Tract No. 5477
Page 5
DATED:
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
SUNNYSIDE PROJECT, LLC
PUBLIC WORKS DEPARTMENT A California Limited Liability Company
By: Granville Management, Inc.
A California Corporation, Its Manager
l
By: By.
Mike T. Kirn, Assistant Director Christine Lingenfel sistant Secretary
APPROVED AS TO FORM:
JAMES C. SANCHEZ
City Attorney
By: (k'IA)
John W. Fox
Deputy City Attorney
Date: S a
(Attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of fit^-ezb►7 0 ss.
On 'Jail 20��(�7 , before me, M GfG�P�`-�1'l. �• l .u'e-��0.tom, ���'I i'��t C�
Date /1 Na and Title of Officer(e.g.,"Jane Doe,Notary Public")
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personally appeared ,,L'' I54�y)e� "y-y)eX1 fFCA+-eA '
Names)of Signer(
personally known to me
❑ proved to me on the basis of satisfactory evidence
� to be the person(s) whose name(s) is/are subscribed�+ � t to the within instrument and acknowledged to me that
ComyPubflc sftn - 14,WdCaNlornlo he/she/they executed the same in his/her/their
tJotary t�bnl
Frem county - authorized capacity(ies), and that by his/her/their
tory Comm.ExpUes 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.
e
Place Notary Seal Above Q C Z-.
Signature M 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(les)Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General wical ❑ Partner—❑ Limited ❑General "thumb
❑ Attorney in FactTop of thumb here ❑ Attorney in Fact
❑ Trustee ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
m 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 )
CITY OF FRESNO)
On May 9, 2007, before me, Elvia Sommerville, Deputy City Clerk, City of Fresno,
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 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.
REBECCA E. KLISCH
CITY CLERK, CMC
0
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By �
Deputy
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
��y)o ss.
County of
` before me, Madel u rL �T. N-d la_r,
Only ZC�—],
Date NarK
A .
Title of Officer(e.g.,"Jane Doe, otary Public")
A
personally appeared -Thc�Yl�laS . WaA Let"' ,
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
MADELYN J.CUEL AR to the within instrument and acknowledged to me that
Commfaslon# 1433567 he/she/they executed the same in his/her/their
Notary PubIIC-Colitomla authorized capacity(ies), and that by his/her/their
kesno County
femy Comm.Expires.4ug 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 L
Signature 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(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
ED Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑General ❑ Partner—❑ Limited ❑General
❑ Attorney in Fact Topof thumb here ❑ Attorney in Fact '
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
�« /0e
Pacific Gas and r w ,�� ����i•� �
Electric Company ��; = , i j� ACE w:.
487 W.Shaw Avenue, Bldg.B
r,• ' • Fresno, CA 93704
March 9, 2006MAR 3 1 ?ti 3 Lug
R
ECEIVED
z V �.r. ('U"m.1 [
Glr�0 F F r MAR 1 3 2006
Mr. Nick Yovino
City of Fresno BY:
Development Department _
2600 Fresno Street, 3rd Floor RECET
Fresno, CA 93721
MAR 2 6
SUBJECT: Relocation of Sanger-Malaga 115 Kilovolt Power Line Y'�—
Sanger-California #2 70 Kilovolt Power Line Relocation, City
of Fresno; Advice 2799-E
Dear Mr. Yovino`
Pacific Gas and Electric Company (the Company) hereby submits notice
pursuant to General Order (G.O.) 131-D, Section XI, Subsection B.4, of the
construction of facilities that are exempt from a Permit to Construct. This
advice letter provides a copy of the Notice of Proposed Construction
(Attachment 1) which complies with the noticing requirements found in G.O.
.131-D, Section'Xl
The Company has been requested by a developer, Granville Homes, Inc., to
relocate a portion of the Sanger-Malaga 115 Kilovolt Power Line and a portion
of the Sanger-California #2 70 Kilovolt Power Line in conjunction with the
development of new subdivision tracts near Church Avenue between
Sunnyside and Fowler Avenues in the City of Fresno. The two existing
separate power lines will be combined into one double-circuit power line
located in the median of the future Church Avenue alignment. This relocation
will allow development of the subdivision tracts along with the construction of
Church Avenue. PG&E will relocate approximately 2600 feet of the Sanger-
Malaga power line approximately 180 feet to the north to the new alignment.
The existing poles will remain to support the existing distribution underbuild
until the distribution is undergrounded in conjunction with the development. An
eight-pole segment of the existing Sanger-California #2 power line will be
removed and relocated approximately 15 feet to the north to the new alignment.
The double-circuit line will be supported by 5 new tubular steel poles
approximately 95 to 100 feet tall and 4 new wood poles approximately 85 to 90
feet tall. Work will commence in April, 2006, or as soon thereafter as possible,
and will be completed by June, 2006, or as soon thereafter as possible.
EXHIBIT A
Advice No. 2799-E - 2 - . March 9, 2006
This project qualifies as exempt from Permit to Construct filing requirements,
pursuant to G.O. 131-D, Section lll; Subsections B.1.g, which exempts the
following:
g) power line facilities or substations to be located in an existing franchise
road-widening setback easement, or public utility easement.
Additionally, G.O. 131-Drequires utilities to employ "no cost" and specified
"low cost" measures to reduce public exposure to electric and magnetic fields
(EMFs). The following measures are proposed for this project:
• Two of the four new wood poles will be raised ten feet taller than otherwise
required to reduce public exposure to.EMF at ground level.
This filing will not increase any rate or charge, cause the withdrawal of service,
or conflict with any other rate schedule or rule.
Anyone wishing to prot is filing do so by filing a protest with the
CPUC and the Compa by March 29, 20 6, a the following address:
CPUC Energy Division
Attn: Tariff Unit, 4th Floor
California Public Utilities Commission
505 Van Ness Avenue
San Francisco, California 94102
Facsimile: (415) 703-2200
E-Mail: iir(Qcpuc.ca.gov and jnj@cpuc.ca.gov
In addition, protests and all other correspondence regarding this advice letter
should also be sent by letter and transmitted via facsimile to the attention of:
David T. Kraska Brian K. Cherry
Attorney, Law Department Director, Regulatory Relations
Pacific Gas and Electric Company Pacific Gas and Electric Company
P.O. Box 7442 P.O. Box 770000, Mail Code 81 OC
San Francisco, CA 94120 San Francisco, CA 94177
Facsimile: (415) 973-0516 Facsimile: (415) 973-7226
E-Mail: PGETariffs@pge.com
Persons or groups may protest the proposed construction if they believe that
the Company has incorrectly applied for an.exemption or that the.conditions set
out in Section III.8.2 of G.O. 131-D exist.
EXHIBITA]
i
Advice No. 2799-E - 3 - March 9, 2006
The Company requests that this advice filing become effective on April 8, 2006,
which is 30 days after the date of filing. (In accordance with G.O. 131-D,
construction will not begin until 45 days after notice is first published.)
If you have any questions regarding this project, you may contact me at (559)
263-5237.
Sincerely,
Andrew Smith
Land Project Analyst
Attachment
EXHIBIT A
Attachment 1
NOTICE OF PROPOSED CONSTRUCTION
PROJECT NAME: Sanger-Malaga 115 Kilovolt Power Line&Sanger-California#2 70 Kilovolt Power Line Relocation,City of Fresno
ADVICE LETTER NUMBER: 2799-E
Proposed Project: Pacific Gas and Electric Company(PG&E)has been requested by a developer,Granville Homes, Inc.,to relocate a portion of
the Sanger-Malaga 115 Kilovolt Power Line and a portion of the Sanger-California#2 70 Kilovolt Power Line in conjunction with the development of
new subdivision tracts near Church Avenue between Sunnyside and Fowler Avenues in the City of Fresno. The two existing separate power lines
will be combined into one double-circuit power line located in the median of the future Church Avenue alignment. This relocation will allow
development of the subdivision tracts along with the construction of Church Avenue. PG&E will relocate approximately 2600 feet of the Sanger-
Malaga power line approximately 180 feet to the north to the new alignment. The existing poles will remain to support the existing distribution
underbuild until the distribution is undergrounded in conjunction with the development. An eight-pole segment of the existing Sanger-California#2
power line will be removed and relocated approximately 15 feet to the north to the new alignment. The double-circuit line will be supported by 5 new
tubular steel poles approximately 95 to 100 feet tall and 4 new wood poles approximately 85 to 90 feet tall. Work will commence in April,2006,or as
soon thereafter as possible,and will be completed by June,2006,or as soon thereafter as possible.
Electric and Magnetic Fields(EMF): Pacific Gas and Electric Company will employ"no cost"and specified"low cost"measures to reduce public
exposure to EMF in accordance with California Public Utilities Commission(CPUC) Decision 93-11-013 and Pacific Gas and Electric Company's
"EMF Design Guidelines of New Electrical Facilities: Transmission, Substation, and Distribution." .The following measure is proposed for this
project:
• Two of the four wood poles will be raised ten feet taller than otherwise required to reduce public exposure to EMF at ground level.
Exemption from CPUC Permit Requirement: CPUC General Order 131-D, Section 111, B.1, exempts projects meeting specific conditions from
the CPUC's requirement to file an application requesting authority to construct. Pacific Gas and Electric Company believes this project qualifies for
the following exemptions:
g) power line facilities or substations to be located in an existing franchise,road-widening setback easement,or public utility easement.
Public Review Process: Persons or groups may protest the proposed construction if they believe that Pacific Gas and Electric Company has
incorrectly applied for an exemption or that the conditions set out in Section III.B.2 of General Order 131-D exist;
a. There is reasonable possibility that the activity may have an impact on an environmental resource of hazardous or critical concern where
designated,precisely mapped and officially adopted pursuant to law by federal,state,or local agencies;or
b. The cumulative impact of successive projects of the same type in the same place,over time,is significant;or
C. There is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.
Protests should include the following:
1. Your name,mailing address and daytime telephone number.
2. Reference to the CPUC Advice Letter Number and Project Name.
3. A clear description of the reason for the protest.
4. Whether you believe that evidentiary hearings are necessary to resolve factual disputes.
Protests for this project must be filed by March 29,2006,at the following address:
CPUC Energy Division
Attn: Tariff Unit,4"Floor
California Public Utilities Commission
505 Van Ness Avenue
San Francisco,California 94102
With a copy mailed to:
David Kraska,Law Department
Pacific Gas and Electric Company
P.O.Box 7442
San Francisco,California 94120
Pacific Gas and Electric Company must respond within five business days of receipt and serve copies of its response on each protestant and the
Energy Division. Within 30 days after Pacific Gas and Electric Company has submitted its response,the Executive Director of the CPUC will send
you a copy of an Executive Resolution granting or denying the request and stating the reasons for the decision.
Assistance in Filing a Protest: For assistance in filing a protest,contact the CPUC Public Advisor in San Francisco at(415)703-2074 or 1-866-
849-8390(toll-free)or TTY(415)703-5258 or public.advisor@cpuc.ca.gov
Additional Project Information: To obtain further information on the proposed project, please call Pacific Gas and Electric Company's Project
Information Line at(415)973-5530.
�BIT -
r;
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded
on Ute' l I X006 , in the office of the Fresno County Recorder as Document
No. OU05- Of Eji'701 of which the Deed of Trust in by and between:
A%wx A v Yt� LLC o a I i-Fz cL U(Vrn +-e Gk- lU a:b►1 Im C� ru as Trustor,
mann G ccQ T;-N C-- as Trustee, and
�61-iYi!, ar&P&a%V+ c, 4-nwsb*u:jn �?, as Beneficiary, hereby expressly
subordinates said Deed of Trust and 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. 5477:
Yi I 2C)
DATED: 1 -2-00-7
BENEFICIARY
C" ✓ti u r� Q0. '
By:
"'rY1D S W V"1
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By:
(Beneficiary to print/type document info, Name,
Title and attach Notary Acknowledgment)