HomeMy WebLinkAboutT-4918 - Agreement/Covenant - 8/14/2006 (5) JV.
CIN OF FRESNO
DEVELO MEN'OE ARTh1E
� 2600 FRESNO STREET N�
FRESNO CA 937213604
..... . 08/04/Z001,Z0010081890
PLEASE CONFORM
ABOVE SPACE FOR RECORDER'S USE
P.W. File No. 10186 Public Utilities Department
City of Fresno
STATEMENT OF NOTICE AND COVENANTS AFFECTING LAND DEVELOPMENT
FOR SOLID WASTE DISPOSAL LIMITATIONS FOR TRACT NO. 4918
PHASE II OF VESTING TENTATIVE MAP TRACT NO. 4188
WHEREAS, NORTHERN SUN VILLAS ESTATES, a California Limited Partnership,
reinafter 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 and by this reference made a part of this
Statement of Covenants:
Lots 17, 18, 19 and 20 inclusive, of Tract No. 4918 accordin to the ap thereof
recorded in Volume of Plats at Pages ,
Fresno County Records'
WHEREAS, in order for City of Fresno to provide solid waste services to each
residential dwelling where the lots are configured in such a way where normal traffic circulation
is restricted; 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
Statement of Notice and Covenants
For Solid Waste Disposal
Final Tract No.4918
Phase 11 of T. Map 4188
Page.2
WHEREAS, all such instruments of Subordination, if any, are attached hereto and
made a part of this instrument; and
WHEREAS, 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 Covenantors request that the City of
Fresno record the Final Map of Tract No. 4918, 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 service;
(a) The owners, lessees other tenants of the residential dwellings on service
days before 6:00 a.m. for Lots 18 shall place their solid waste containers at the
edge of curve on or about the north property line of and in front of Lot 17
approximately 5-feet apart and not blocking any vehicle accesses and in
accordance with the City Solid Waste Disposal Division standards.
(b) The owners, lessees other tenants of the residential dwellings on service
days before 6:00 a.m. for Lots 19 shall place their solid waste containers at the
edge of curve on or about the west property line of and in front of Lot 20
Statement of Notice and Covenants
For Solid Waste Disposal
Final Tract No.4918
Phase II of T. Map 4188
Page 3
approximately 5-feet apart and not blocking any vehicle accesses and in
accordance with the City Solid Waste Disposal Division standards.
(c) The Covenants, Conditions, Restrictions and Easements (CCR&S) and
the Real Estate Disclosure Report shall provide notice to the owners of Lots: 17,
18, 19 and 20, inclusive of such restriction on solid waste services and owner of
said Lots shall provide written notice of such additional solid waste service 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 Public Utilities Department of the City.
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: .Z0.04
Statement of Notice and Covenants
For Solid Waste Disposal
Final Tract No.4918
Phase II of T. Map 4188
Page 4
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
NORTHERN SUN VILLAS ESTATES
a California Limited Partnership
By: Northern California Universal Enterprises, Co
By _ a Californi orporation, as Partner
Martin McIntyre, Interim ector
Public Utilities Department
BY:
Joe Wu, President
APPROVED AS TO FORM:
HILDA CANT O ONTOY (Attach Notary Acknowledgment)
City Atto
B
Deputy
f
STATE OF l
COUNTY OF
MDr�jcj
On before me, L ��_� i
( / (Name, Title of Officer)
personally appeared �/—
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.
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t* = ELLA SMITH
= COMM #1284850 =
v NOTARY PUBLIC-CALIFORNIAMERNTY m
(Signature of Notary Public MyCommCExp.DeED e 3 2004 :
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(This area for notarial seal)
CLERICS CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
On April 30 , 2001, before me, Elvia Sommerville personally
appeared Martin McIntyre .Interim Director Public Utilities Department personally
known to me (or provided to me on the basis of satisfactory evidence) to be the persons(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(s) the person(s), or the entity upon behalf of the CITY OF FRESNO of which
the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
REBECCA E. KLISCH
CITY CLERK
ByC(��i1t1� �cLlrufA.lTpOa
DEPUTY
LR:Ir(11/17/2000)
FT4918 .DOC