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Home My WebLink AboutT-3751 - Agreement/Covenant - 7/3/2006 (2) -------------------SPACE ABOVE FOR RECORDER ' S USE------------------- P.W. File No. 8281 Development Department City of Fresno STATEMENT OF NOTICE AND COVENANTS AFFECTING LAND DEVELOPMENT (Tract No. 3751) Solid Waste Disposal Limitations RECITALS NEW DIMENSION HOMES, A Partnership, 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 follows : Lots 1, 2 and 3 of Tract No . 3751, according to the map thereof recorded in Volume of Plats at Pages , Fresno County Records . B. The Covenantor has submitted to the City of Fresno Tentative Tract Map No. 3751 which was approved by the Fresno City Council with conditions on October 29 , 1985 by the Resolution No. 85-503 . C. The City of Fresno desires to obtain covenants from the Covenantor to insure that the Subject Property is not developed, used , or maintained in such a way as to adversely affect adjoining properties . COVENANTS, CONDITIONS, AND RESTRICTIONS For favorable action on, and approval of, the Covenantor ' s request that the City of Fresno record the Final Map of Tract No. 3751 in accordance with the Tentative Tract Map approved by Resolution No. 85-503 , 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 , 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 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 : With respect to solid waste collection services : (a) the owners, lessees or other tenants of the residential dwellings on Lots 1, 2 and 3 shall be responsible for transporting to and placing their solid waste receptacles in the gutter on the north side of West Princeton Avenue at or within 10 feet of the property line between Lots 3 and 4 projected . (b) the covenants , conditions and restrictions and the Real Estate Report shall provide notice to the owners of Lots 1, 2 and 3 inclusive of such restriction on solid waste service and each owner shall provide written notice to each lessee, tenant and subsequent buyer that such restriction exists . 2 . 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 possession of Subject Property who directly or who through any agent violate the terms hereof . All obligations of the Covenantor under this Statement shall inure solely to the benefit of the City of Fresno. There are no third party beneficiaries of said obligations nor shall the right of the City of Fresno be transferrable in any manner to any person other than to a successor municipal corporation whose geographic boundaries include the Subject Property. 3 . The foregoing conditions shall remain in full force and effect until such time as compliance with this Covenant has been made an this Covenant is released in writing by the Director of the Development Department of the City. -2- 4 . 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: yV\y C� Accepted By: COVENANTOR CITY OF FRESNO, NEW DIMENSION HOMES a Municipal Corporation A Partnership BETTER H S, INS".' By Q A Calif"or ' a Co tion. Partner Georg6l A. Kerber, Director Development Department By: St Z;?ey ZI p , , P esident ATTEST: BARGAIN HOME C. A Californ' a Corpnr'atiL Partner JACQUELINE L. RYLE City Clerk _ Victor Roznov ky, President r U l CI �VLi- fly By C .. -tip . � .�� Deputy APPROVED AS TO FORM: JAMES A. McKELVEY City Attorney By (Attach Notary Acknowledgment) MIW:m 5806g/136 -3- a STATE OF CALIFORNIA Q)SMECO a SS. TITLE INSURANCE t COUNTY OF y � r9 On this the 9th day of 19 ,before me,the undersigned,a Notary Public in and for a m said State,personally appeared 5t4M163! �*ilftu personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the m c President, a Y�;;�pmtgdox>I�alTn "4i1�6 g f of L:L belmr %+ m*# Inc* the corporation that FOR NOTARY SEAL OR STAMP 8 executed the within instrument on behalf of Now t1A+dt" the part N nership that executed the within instrument,and acknowledged to me that such corporation executed the same as such partner and that OD such partnership executed the same. OFFICIAL SEAL c'> � d WITNESS my hand and official seal.� ,J ~"` BETTY S.NAKAYAMA (A u% %/ t1/L` �o�— mss;.11 NOTARY PUBLIC.CALIFORNIA � � �_• <�.J NOTARY BOND FILED IN FRESNO COUNTY MY C.OfMF11IS6iOn ExPWM July 18,1987 U Signature 03 SMEM) STATE OF CALIFORNIA a SS. TITLE INSURANCE COUNTY O120 w F F>r!SliQ ) 9 On this the 9111:11 day of Jt 106 ,before me,the undersigned,a Notary Public in and for a U) said State,personally appeared Vlctcw Ryk" o personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Presidenamd a 71c>1c]c t ll'� of tv the corporation that FOR NOTARY SEAL OR STAMP executed the within instrument on behalf of A2 #!K litmona f+Rn the part- nership that executed the within instrument,and acknowledged to me OFFICIAL SEAL that such corporation executed the same as such partner and that BETTY S. NAKAYAMA co NOTARY PUBLIC.CALIFORNIA such partnership executed the same. a NOTARY BOND FILED IN 4) d WITNESS my hand and official seal. FRESNO�NTy r, to �'• M!�CaMnlsyion Etp(rN'ItNy 1d.1Ysf QV v U Signature