HomeMy WebLinkAboutT-6099 - Agreement/Covenant - Special Solid Waste Disposal Services - 10/5/2017 I
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO: - -
����III I IN 1111111111111111111111111111111111111
FRESNO County Recorder
City Clerk Paul Dictos, C,PA
City of Fresno DOC— 2017-0128644
2600 Fresno Street Acct 8002-Old Republic Title CONCORD
Fresno, CA 93721-3603 Thursday, OCT 05, 2017 08:00:00
Tt 1 Pd $90.00 Rcpt # 0004859983
RGR/R5/3-12
NO FEE-Government Code 6103
CITY OF FRESNO
Public Utilities Department
Solid Waste Management Division
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
PROVIDING SPECIAL SOLID WASTE DISPOSAL SERVICES
FOR CERTAIN.LOTS WITHIN THE FINAL MAP OF
TRACT NO. 6099
i
. ' I
Statement of Covenants
Special Solid Waste Disposal Services
Final Map of Tract No. 6099 j
Page 2
RECITALS
WHEREAS, LAS BRISAS BUILDERS, INC., a California Corporation, hereinafter
referred to as the "Covenantor," is the owner of the real property situated in the City of Fresno,
County of Fresno, State of California, hereinafter referred to as the "Subject Property" and more
particularly described as follows:
Lots 6, 7 and 8 of the Final Map of Tract No. 6099 according to the map
thereof recorded on Oc , in Volume of
Plats at Pages '4 A -.3 N 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, Vesting Tentative Map No. 6099 was approved with conditions by the Fresno
City Planning Commission on December 7, 2016; and
WHEREAS, the conditions of approval of said Tentative Map require the City of Fresno
("City")to provide solid waste disposal services; and
WHEREAS,the design of the Final Map of Tract No. 6099,filed pursuant to said Tentative
Map, affects the accessibility to the Subject Property and prevents normal curbside solid waste
disposal services to be provided by the City; and
WHEREAS, the Covenantor requests the City to provide special solid waste disposal
services to the Subject Property.
i
Statement of Covenants
Special Solid Waste Disposal Services
Final Map of Tract No. 6099
Page 3
COVENANTS, CONDITIONS, AND RESTRICTIONS
For favorable action on, and approval of the Covenantor's request that the City provide
special solid waste disposal services,the Covenantor hereby covenants that the Subject Property
shall be held, conveyed, encumbered, used, occupied, developed, maintained, and improved
i
subject to the following covenants, conditions and restrictions, which are for the purpose of
enhancing attractiveness, usefulness, value and desirability 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 of Covenant will run with the Subject Property and shall be
binding on each successive owner of the Subject Property and his heirs, administrators,
successors, and assigns.
1. Covenantor hereby covenants as follows:
(A) On solid waste service days before 5:30 a.m., the owners, lessees other
tenants of the residential dwelling for Lots 6, 7 and 8 shall place their solid waste
containers at the edge of curb on or about the east property line of and siding onto Lot 8
I
approximately 4-feet apart and not blocking any vehicle accesses and in accordance with
the City's Solid Waste Management Division standards.
(B) The Covenants, Conditions and Restrictions (CC&R)and the Real Estate
Disclosure Report shall provide notice to the owners of the Subject Property of such
restriction on solid waste services and owners shall provide written notice to each lessee,
tenant and subsequent buyer that such restriction exist. i
2. The conditions of this Statement of Covenant are intended to benefit the public and
public properties. Accordingly, the City shall have the right to enforce this Statement of
2
Statement of Covenants
Special Solid Waste Disposal Services
Final Map of Tract No. 6099
Page 4
Covenant 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. All obligations of the Covenantor under this Statement of Covenant shall insure solely to
the benefit of the City. There are no third party beneficiaries of said obligations nor shall the right
of the City be transferable in any manner to any person other than to a successor municipal
corporation whose geographic boundaries include the Subject Property.
3. The conditions and obligations of this Statement of Covenant shall remain in full
force and effect until such time as the City Director of the Public Utilities Department issues a
written release of such conditions and obligations and records such release in writing with the
Fresno County Recorder.
4. If either party is required to commence any proceeding or legal action to enforce or
interpret any term or condition of this Statement of 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. For the purposes of this Statement of Covenant, "attorneys'fees"and "legal
expenses" include, without limitation, paralegals'fees and expenses, attorneys, consultants fees
and expenses, expert witness fees and expenses, and all other expenses incurred by the
prevailing party's attorneys in the course of the representation of the prevailing party in
anticipation of and/or during the course of litigation, whether or not otherwise recoverable as
"attorneys' fees" or as "costs" under California law, and the same may be sought and awarded in
accordance with California procedure as pertaining to an award of contractual attorneys' fees.
5. The waiver by either party of a breach by the other of any provision of this
Statement of Covenant shall not constitute a continuing waiver or a waiver of any subsequent
breach of either the same or a different provision of this Statement of Covenant. No provisions
of this Statement of Covenant may be waived unless in writing and signed by all parties to this
Statement of Covenants
Special Solid Waste Disposal Services
Final Map of Tract No. 6099
Page 5
Covenant. Waiver of any one provision herein shall not be deemed to be a waiver of any other
provision herein.
6. The provisions of this Statement of Covenant 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 of Covenant so requires, in interpreting this Statement of Covenant, any
gender includes the other genders, the singular includes the plural, and the plural includes the
singular.
5
Statement of Covenants
Special Solid Waste Disposal Services
Final Map of Tract No. 6099
Page 6
DATED: �JUGUSTZS, Zo/�
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
LAS BRISAS BUILDERS, INC.
Public Utilities Department A California Corporation
Thomas�Esqueda, Director
0— By:
Thomasq da, it ctor Kevin Assemi, President
C.
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
By:
Mary rman- oidge
Dep City Attorney
Date: Z,-O ZZ 7
(Attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
e-xr- -.-.- _ - - .. _ - - _ - - .. . - _ - _
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California )
County of F cs10 )
On before me, Gc�.—��,,. 1 e.v
Date Here Insert Name and Title of the Officer �7
personally appeared 1,4\ P_N/I h "�� rn i
Name( of Signer()
who proved to me on the basis of satisfactory evidence to be the person(4 whose name(;) is/yam
subscribed to the within instrument and acknowledged to me that he/.s� xecuted the same in
his/Jaerhw authorized capacity(ieST,,and that by hislber/tOwrsignatureW on the instrument the persono,
or the entity upon behalf of which the person() acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
STACY-ANN TERRY ANN BENTON WITNESS my hand nd official seal.
Commisslon#2100824
Notary Publk-California i
Fresno Counly a Signature
L M Comm.E ires Feb 21,
2019 + Signature of Notary Public
Place Notary Seal Above
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Title or Type of Document: Doc Date:
Number of Pages: Signer(s) Other Than Named e:
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Signer's Name: Signer's Name:
C Corporate Officer — Title(s)- ❑ Corporate Officer — Title(s):
J Partner — ❑ Limited ❑ G al Partner — 0 Limited ❑General
❑ Individual ❑A y in Fact ❑ Individual Ll Attorney in Fact
❑Trustee uardian or Conservator ❑Trustee F1 Guardian or Conservator
Other: ❑ Other:
Signe Representing: Signer Is Representing:
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A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document,to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document :
CLERK'S CERTIFICATION
State of California )
County of Fresno )
On August 25, 2017 before me, Cherisea Barnes, Deputy City Clerk, personally appeared,
Thomas C. Esgueda, Director, Department of Public Utilities of the City of Fresno, who 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal
YVONNE SPENCE, CMC
City Clerk, City of Fresno � of F4,
s
+ o
n
'o �e
9rED OCT
By YeJUI'�SLD
Deputy 2s• ��
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on April 27 , 20 17 in the office of the Fresno County Recorder,
as Document No. 2017-0051996 of which the Deed of Trust in, by and between:
Las Brisas Builders. Inc.. a California Corporation as Trustor
Old Republic Title Insurance Company as Trustee
and U.S. Bank National Association, d/b/a Housing Capital Company Beneficiary,
hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing
Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal
Services for Certain Lots Within the Final Map of Tract No. 6099.
DATED:
BENEFICIARY (J.S. QANK N�iDN/k /�SfrY/ Ol�/
Name: Carrie L. Duran
Title: Vice President
By:
Name:
Title:
(Beneficiary to print/type Name and Title;
and attach Notary Acknowledgment)
c�
ACKNOWLEDGMENT
Amotaiy ggblir or-of ier officer conipletiii-R tills
cer4icate verifies only the idinitity of-the
individual who `sien&a'.the:docuiiient to which:thus
certificate is attaclied:'slid`not the titithfiihiess;
acctuacy :or validity:'.of thief clociiiieiit:
STATE OF CALIFORNIA
COUNTY OF FRESNO
On July 25, 2017, before me, Lori Beckman, a Notary Public, personally appeared
Carrie L. Duran who 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signatur `
[SEAL]
LORI BECKMAN
•"' NOTARY PUBLIC-CALIFORNIA
COMMISSION#2187963 F
FRESNO COUNTY
My Comm,Exp.M"'h 24,2021
'`Q
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on October 31, 2013 , in the office of the Fresno County Recorder
as Document No. 2013-0151335 of which the Deed of Trust in by and
between: Las Brisas Builders, Inc., a California Corporation as Trustor,
First American Title Company, a California Corporation as Trustee,
and Copper River Ranch, LLC, a California Limited Liability Company and as assigned to
the current undersigned Beneficiary by Assignment in favor of ACAP Holdings, LLC, a
California Limited Liability Company by Assignment Recorded October 31, 2013, as
Document No. 2013-0151336, Fresno County Records, as Beneficiary,
hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the
foregoing Statement of Covenants Affecting Land Development Providing Special Solid Waste
Disposal Services for Certain Lots Within the Final Map of Tract No. 6099.
DATED: a-`�' oLO
BENEFICIARY C'&PP(a (Llvr fZ �G�j(,(�
By:
Name: Darius Assemi
as Trustee of the Amended and Restated
Title: Darius Assemi Revocable Trust, Member
(Beneficiary to print/type Name and Title;
and attach Notary Acknowledgment)
California All-Purpose Certificate of Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of Calrifrnia
S.S.
County of re_nr)6
On J(I IQ before me, ri �e I cam-
Ndde of Notary"Public.Tole
personally appeared pcif f u:s A-ssem i
lame of Signer(i)
P!a m--ef ftal5r(2)
who proved to me on the basis of satisfactory evidence to be the person�s) whose name(x�
is/a
,Wsubscribed to the within instrument and acknowledged to me that person)
executed
the same in hislWtXr authorized capacity(ipgl, and that by hislWthW signature(BI on the
instrument the person(g, or the entity upon behalf of which the personw acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph isERMA PELAY01 AOM
true and correct. 0 COMM. #2177S52
X Notary Public-Calif
Z Fresno County
W
Ltwlmy
WITNESS my hand and official seal. Comm.Expires Dec.
ecdakk UPCSeal
signature otary Public
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