HomeMy WebLinkAboutT-5101 - Agreement/Covenant - 2/8/2005 (6) WHEN RECORDED MAIL TO:
City Clerk
City of Fresno
2600 Fresno Street 0412012004,20040085813
Fresno, CA 93721-3603
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IVU CITY OF FRESNO
Public Utilities Department
.j Solid Waste Management Division
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P.W. File No. 10580
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
PROVIDING SPECIAL SOLID WASTE DISPOSAL SERVICES
FOR CERTAIN LOTS WITHIN TRACT NO. 5101
Statement of Covenants Affecting Land Development
Providing Special Solid Waste Disposal Service
Certain Lots Within Tract No. 5101
Page 2
RECITALS
WHEREAS, COPPER MAPLE ESTATES I, L.P., a California Limited Partnership,
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 1, 6, 7, 8, 9, 12, 13, 14, 15, 17, 18, 19, 20, 25, 26, 27, 28, 36,
37, 44, 45, 51, 52 and Outlot A of Tract No. 5101 according to the
map thereof recorded on A0/Ci/ oA , 200in
Volume_ _of Plats at Page(s) ru g �/
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. 5101 and Conditional Use Permit No. C-02-249
(CUP)were approved with conditions by the Fresno City Planning Commission on April 16,
2003; and
WHEREAS, the conditions of approval of said Tentative Map and CUP require the City
of Fresno to provide solid waste disposal services; and
Statement of Covenants Affecting Land Development
Providing Special Solid Waste Disposal Service
Certain Lots Within Tract No. 5101
Page 3
WHEREAS, the design of the Final Map of Tract No. 5101, filed pursuant to said
Tentative Map and CUP, 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.
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 other tenants of said Lots 17 and 18 shall move
their solid waste containers to the curb on the east side of the property line of said Lot
Statement of Covenants Affecting Land Development
Providing Special Solid Waste Disposal Service
Certain Lots Within Tract No. 5101
Page 4
17 (i.e., on North Longfield Lane) for service.
(c) The owners, lessees and tenants of said Lots 19 and 20 shall move their
solid waste containers to the curb on the east side of the property line of said Lot 20
(i.e., on North Longfield Lane) for service.
(d) On solid waste service days, there shall be no parking of vehicles in the
street along the cul-de-sac frontages of said Lot 1, said Lots 6, 7, 8 and 9, said Lots 12,
13, 14 and 15, said Lots 25, 26, 27 and 28, said Lots 36 and 37, said Lots 44 and 45,
said Lots 51 and 52, and along that portion of the frontages of Outlot A which are
opposite of said Lots 1, 51 and 52.
(e) 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.
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.
Statement of Covenants Affecting Land Development
Providing Special Solid Waste Disposal Service
Certain Lots Within Tract No. 5101
Page 5
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. 5101
Page 6
DATED: /h,4fZC Y 3 ,'� 200y
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
COPPER MAPLE ESTATES I, L.P.
a California Limited Partnership
By: Copper Maple Estates I, Inc. A California
Corporation, General Partner
By_�� By:
M
Martin cIntyre, DirectorLe Wilson, President
/ Public Utilities Department
APPROVED AS TO FORM: (Attach Notary Acknowledgment)
HILDA CANTO MONTOY
City Attorney
By: ag L�
Deputy
LDBE FORM Covenant Special Solid Waste Disposal v7-3-03
A 1-15-04
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STATE OF CALIFORNIA
COUNTY OF FRESNO } S.S.
On February 26,2004 before me,
M.Correa
a Notary Public in and for said County and State,personally appeared
Leo A.Wilson M.CORREA
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cn Comm.# 1371251
personally known to me (or proved to me on the basis of satisfactory � NOTARY NO C CALIFORNIA
FRESNO COUNTY CO
evidence)to be the person(s)whose name(s)is/are subscribed to the F MY COMM.EXPIRES AUG 20,2006
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), ted,executed the instrument.
WITNESS my hand and officia e
Signature (This area for official notorial seal)
notryack rev.(010698)
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
On April 1 , 20 04 , before me, Elvia Sommerville, Deputy City Clerk
personally appeared Patrick N. Wiemiller, Assistant Public Utilities Director
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, CMC
CITY CLERK
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By `sw
DEPUTY
Tract No. 5101
P.W. File No. 10580
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on September 26. 2003 , in the office of the Fresno County Recorder
as Document No. 2003-0232951 of which the Deed of Trust in by and between:
Copper Maple Estates 1. LP, a California limited partnership as Trustor,
Financial Title Company , as Trustee,
and Housing Capital Company, a Minnesota partnership , as Beneficiary,
hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the
foregoing Statement of Covenants Affecting Land Development.
DATED:
BENEFICIARY
Housing Capital Company,
a Minnesota partnership
By:
6 C/a-C/�
By:
(Provide name and title of signature and Attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
i
State of California
ss.
i. County of
On ` before me /K. Uwv J00r
Date ame a d Title of Offi (e.g.,"Jane ,Notary Public")
personally appeared
ame(s)of igner(s)
;144rsonally known to me
❑ 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 i
*1425 capacity(ies), and that by his/her/their
Cela signature(s)on the instrument the person(s),or
Accty the entity upon behalf of which the person(s)
•"r YF jW1o,20137 acted, executed the instrument.
WI SS y hand and icial seal.
Signa ure of Notary Public
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OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
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Title or Type of Document:
i
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
,)
Capacity(ies) Claimed by Signer
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Signer's Name:
1' ❑ Individual Top of thumb here
❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑General
❑ Attomey-in-Fact
❑ Trustee )
❑ Guardian or Conservator 1
❑ Other: )
Signer Is Representing:
0 1999 National Notary Association-9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-875-6827
Tract No. 5101
P.W. File No. 10580
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on September 26, 2003 , in the office of the Fresno County Recorder
as Document No. 2003-0232952 of which the Deed of Trust in by and between:
Copper Maple Estates I. LP, a California limited partnership as Trustor,
Financial Title Company , as Trustee,
and Housing Capital Company, a Minnesota partnership , as Beneficiary,
hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the
foregoing Statement of Covenants Affecting Land Development.
DATED: Z
BENEFICIARY
Housing Capital Company,
a Minnesota partnership
By:
(Provide name and title of signature and Attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
Countyof
On " before m ,
Date \ ��m� Tale o icer(e.g.,"Jane DA,Notary Public")
personally appeared
Name(' f Signers)
personally known to me
I
❑ proved to me on the basis of satisfactory
I
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
SHIRLEY IOwE capacity(ies), and that by his/her/their
Comm IRLE #142345s signature(s)on the instrument the person(s),or
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If"wCouMy acted, executed the instrument.
Nff1MVCommlA:F_ Jun10'2007 WIT S hand and ' ial seal.
Si atur of Notary Public
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OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document
Description of Attached Document ,
Title or Type of Document:
Document Date: Number of Pages:
II
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual Top of thumb here
❑ Corporate Officer—Title(s): )
❑ Partner—❑ Limited ❑General
❑ Attomey-in-Fact
1 ❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
)
0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth.CA 91313.2402•wwmnationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6927