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Home My WebLink AboutT-5078 - Agreement/Covenant - 2/15/2005 (5) WHEN RECORDED MAIL TO: IIII III III I III II III III II I IIII I VIII I IIII I VIII I II FRESNO County Recorder City Clerk Robert C. Werner City of Fresno DOC— 2004-0286369 2600 Fresno Street Acct 4-Fidelity National Title Company Fresno, CA 93721-3603 Thursday, DEC 23, 2004 08:00:00 Ttl Pd $0,00 Nbr-0001690342 DJG/R6/1-7 NO FEE-Government Code 6103 CITY OF FRESNO Public Utilities Department Solid Waste Management Division P.W. File No. 10700 JAF: 1495 North Mitre Avenue (T-5078, Lot 1) STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT PROVIDING SPECIAL SOLID WASTE DISPOSAL SERVICES FOR CERTAIN LOTS WITHIN TRACT NO. 5078 1 Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5078 Page 2 RECITALS WHEREAS, PALO ALTO / BRYAN NO. 1, 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 and by this reference made a part of this Statement of Covenants: Lots 9, 10, 11, 12, 13, 14, 36, 37, 38, 39, 40, 47, 48, 49, 50, 51, 52, 60, 61, 62, 63, 64, 95, 96, 97, 98, 99, 103, 191, 192, 193, 200, 201 and 206 of Tract No. 5078 according to the map thereof recorded on 4 • A 3 . 2 in Volume ::71 of Plats at Page(s) �, 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. 5078 (Tentative Map) were approved with conditions by the Fresno City Planning Commission on January 21, 2004; and WHEREAS, the conditions of approval of said Tentative Map require the City of Fresno to provide solid waste disposal services; and WHEREAS, the design of the Final Map of Tract No. 5078 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 of Fresno; and WHEREAS, the Covenantor requests the City of Fresno to provide special solid waste disposal services to the Subject Property. Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5078 Page 3 COVENANTS,CONDITIONS, AND RESTRICTIONS For favorable action on, and approval of the Covenantor's request that the City of Fresno 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 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: (a) The owners, lessees other tenants of the Subject Property, on solid waste service days before 6:00 a.m., shall place their solid waste containers at the edge of curb approximately 4-feet apart and not blocking any vehicle accesses in accordance with the City of Fresno's Solid Waste Management Division standards. (b) The owners, lessees and tenants of said Lot 103 shall move their solid waste containers to the curb on the north side of Lot 167 (i.e., West Menlo Avenue) for service until such time as North Sandrini Avenue is extended to the south of said lot. (c) On solid waste service days, there shall be no parking of vehicles in the street along the cul-de-sac frontages of said Lot 9, said Lots 10, 11, 12, 13 and 14, said Lots 36, 37, 38, 39 and 40, said Lots 47, 48, 49, 50, 51, and 52, said Lots 60, 61, 62, 63 and 64, said Lots 95, 96, 97, 98 and 99, said Lots 191, 192 and 193, said Lots 200, 201 and 202. (d) 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. Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5078 Page 4 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 conditions and obligations of this covenant shall remain in full force and effect until such time as the City of Fresno, 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. 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. Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5078 Page 5 DATED: �-- CITY OF FRESNO, COVENANTOR a Municipal Corporation PALO ALTO / BRYAN NO. 1, INC. a California Corporation By: Robert A. McCaffrey, Pres' ent By - Martin McIntyre, Director Public Utilities Department By: 46w//z�' Brent M. Mc affr y, Vi ent APPROVED AS TO FORM: HILDA CANTO MONTOY (Attach Notary Acknowledgment) City Attorney By: Deputy K:\Louisr\FT 5078\FT 5078 Covenant Special Solid Waste Disposal v07-02-04.wpd Ir 11/17/2004 t 7 STATE OF CALIFORNIA ) SS. COUNTY OF FRESNO ) On November 22, 2004, before me, the undersigned, a Notary Public for the State of California, personally appeared, Robert A. McCaffrey and Brent M. McCaffrey, 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 capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity(ies) on behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public L.S. My Commission Expires:'January 21, f007 MICHELE L. HOGAN Conyrisdon 111395535 Notory PRuAb c -Caflfornia Fresno County iqVMyCoff1rn,E0wJan21,2DD71 CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On December 16,2004, before me, Elvia Sommerville, Deputy City Clerk, personally appeared, Martin McIntyre, Public Utilities Director, known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)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 City Seal. REBECCA E. KLISCH, CMC C/TY CLERK a By Deputy December 16,2004(4:27pm)