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Home My WebLink AboutT-3999 - Agreement/Covenant - 6/21/2006 (4) r 6(E(,vMEO A 1 REQUEST OF 9408056.0 A MIN. Recording Requested by FAST City Clerk. Fresno. California MAY 11 1994 No Fee-Govt. Code 6103 Return to City Clerk Fresno FMS, Q,UFawa► WU U M C.GREE!lWOOD.C L"*ROW dor BY DEPUTY REOORDE s -------------------ABOVE SPACE FOR RECORDER'S USE------- - -------- P.W. File No . 8906 Development Department City of Fresno STATEMENT OF NOTICE AND COVENANTS AFFECTING LAND DEVELOPMENT For Solid Waste Disposal Limitations Tract No. 3999 (Phase I of Tentative Tract No . 3999) RECITALS A. BARGAIN HOMES, INC. , a California Corporation, 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 and by this reference made a part of this Statement of Covenants : Lot 60 inclusive of Tract No. 3999 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 No. 3999 which was approved by the City of Fresno Planning Commission with conditions on March 21, 1990 by the Resolution No . 9860 . C. 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 Statement of Notice and Covenants Affecting Land Development Solid Waste Disposal Limitations Tract No . 3999 Page 2 D. All such instruments of Subordination, if any, are attached hereto and made a part of this instrument; and E. 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 . 3999 in accordance with the Tentative Tract Map approved by Resolution No . 9860, 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. Statement of Notice and Covenants Affecting Land Development Solid Waste Disposal Limitations Tract No . 3999 Page 3 1 . Covenantor hereby covenants as follows : With respect to solid waste collection service; (a) The owners, lessees or other tenants of the residential dwellings of Lot 60 shall be responsible for transporting to and placing their solid waste receptacles in the gutter on the North Ellendale Avenue frontage and/or within ten feet of the property line between lots 59 and 60 projected. (b) The covenants, conditions and restrictions and the Real Estate Report shall provide notice to the owners of Lot 60 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 exist. 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 the Subject Property who directly or who through any agent violate the terms hereof . All obligations of the Covenantor under this Statement shall insure 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 transferable 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 and this Covenant is released in writing by the Director of the Development Department of the City. Statement of Notice and Covenants Affecting Land Development Solid Waste Disposal Limitations Tract No. 3999 Page 9 9 . 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: 9 9A� CITY OF FRESNO, COVENANTOR a Municipal Corporation BARGAIN HOMES, INC. , a By �- C California Corporation Ra and G. Salazar Acting Director Public Works Department By: Victor Rozy4vskv APPROVED AS TO FORM: President JA S P. L UGH Cit ttor e (Attach Notary Acknowledgment) By Deputy Statement of Notice and Covenants Affecting Land Development Solid Waste Disposal Limitations Tract No . 3999 Page 5 CLERK' S CERTIFICATE STATE OF CALIFORNIA ) ss . COUNTY OF FRESNO ) On 77?4.1-4 4/ , 1994, before me, Cci" air» personally appeared . 0-n1- . ersonally known to me (or provide to me on the basis of satisfactory evidence) to be the persons(X) whose name0f) is/aic. subscribed to the within instrument and acknowledged to me that he/S4Q,444 executed the same in his/_`_e_O+hei, authorized capacity(ipee) , and that by his/he 4heiT signature(%) on the instrument(X) the person(k) , or the entity upon behalf of the CITY OF FRESNO of which the person(jr) acted, executed the instrument . WITNESS my hand and official seal . JACQUELINE L. KYLE, CMC CITY CLERK By DEPUTY BJW:crm LAND430/+6799 GL2 L102 STATE OF CALIFORNIA W COUNTY OF FRESNO } S.S. W 9 March 30, 1994 On before me, J gthe undersigned Y V a Notary Public in and for said County and State,personally appeared FOR NOTARY SEAL OR STAMP o VICTOR ROZNOVSKY W h- personally known to me(or proved to me on the basis of satisfactory Wevidence)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/herAheir authorized capacity(res),and that by his/her/their 'MGELA J. STOKES signature(s)on the instrument the person(s),or the entity upon behalf Qey COMK 9979348 mof which the persons)acted,executed the instrument. mNOTARY MICLALIFORNIA G7 M CFAL OFFICE N X im WITNESS my ha d official seal Comm�simEsp.NwTM99,1998 y Signature F 2492(5-91) Tract No . 3999 P.W. File No. 8906 SUBORDINATION -- The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on April 26 19 94 in the office of the Fresno County Recorder in Document No . 94071671 of which the Deed of Trust in, by and between Bargain Homes, Inc. , as Trustor , United Security Bank, A National Association ' as Trustee, and United Security Bank N.A. as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Notice and Covenants Affecting Land Development, Solid Waste Disposal Limitations , Tract No . 3999 . DATED : �'"1's 19y W. A. o George E. Buck NGHT THUM MIrr(OPTIONAL) State of California W O County of Fresno e Sallie Perez Saiz� Neta Public On April 25. 1994 before me, cj �X- ►- PATM (NAME.MU OF OFFICFR.LE..IANE DOE.NOTARY 7UMJC-) personally appeared W A Jdznson And George E. Buck_ CAPACITY CLAIMED BY SIGNER(S) P MMEM OF MNERM) O INDMDUAL(S) M CORPORATE OFFICERS) V.P. O PARTNER(S) MME(S)) CNpersonally known to me -OR- 0 proved to me on the basis of satisfactory evidence C3 ATTORNEY IN FACT to be the person(s) whose name(s) is/are sub- CI TRUSTEE(S) scribed to the within instrument and acknowledged O GUARDIAN/CONSERVATOR oyK SALVE PEREZ SAIZ to me that he/she/they executed the same in O OTHER: COMM. #1011867 -a his/her/their authorized capacity(es), and that by c� NOTARY PUBLIC-CAI FORMA his/her/their signature(s) on the instrument the FRESNO COUNTY person(s), or the entity upon behalf of which the SIGNER IS REPRESENTING: W Comm.Expires Dec.22,1997 person(s)acted,executed the instrument a"ME of FERSONM OR ElMYOM) VWAnes my hand and official se