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Home My WebLink AboutT-5123 - Agreement/Covenant - 8/11/2006 (6) WHEN RECORDED MAIL TO: [� IIII III III I III II III III I II IIII II IIII I IIII I II III III FRESNO County Recorder City Clerk Robert C, Werner City of Fresno DOC— 2003-0205991 2600 Fresno Street Acct 1-Financial Title Company Fresno, CA 93721-3603 (C) Friday, AUG 29, 2003 08:00:00 FRE $0.00 Tt 1 Pd $0.00 Nbr-0001231260 rgr/R8/2-8 CITY OF FRESNO Public Utilities Department Solid Waste Management Division P.W. File No. 10533 STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT PROVIDING SPECIAL SOLID WASTE DISPOSAL SERVICES FOR CERTAIN LOTS WITHIN TRACT NO. 5123 RECITALS WHEREAS, Synergy-Golden Dawn,LLC, a California Limited Liability Company, 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 11, 64 &65 of Tract No. 5123 according to the map thereof recorded in Volume �A of Plats at Pages 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 a Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Lots 11, 64 &65 of Tract No. 5123 Page 2 WHEREAS, Vesting Tentative Map No. 4677 was approved with conditions by the Fresno City Planning Commission on October 5, 1995 by Resolution No.95-69; and WHEREAS, the conditions of approval of said Tentative Map requires the City of Fresno to provide solid waste disposal services; and WHEREAS, the design of the Final Map of Tract No. 5123 (Phase 5 of 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. COVENANTS, CONDITIONS, AND RESTRICTIONS For favorable action on, and approval of the Covenantors 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 residential dwellings on service days before 6:00 a.m. for Lot 11 shall place their solid waste containers at the edge of curb on or about the north property line of and in front of Lot 12 approximately 5-feet apart and not blocking any vehicle accesses and in accordance with the City of Fresno's Solid Waste Management Division standards. r Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Lots 11, 64 &65 of Tract No. 5123 Page 3 (b) The owners, lessees other tenants of the residential dwellings on service days before 6:00 a.m. for Lots 64 &65 shall place their solid waste containers at the edge of curb on or about the north property line of and in front of Lot 63 approximately 5-feet apart and not blocking any vehicle accesses and in accordance with the City of Fresno's Solid Waste Management Division standards. (c) 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. 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 Lots 11, 64 &65 of Tract No. 5123 Page 4 DATED: AL 9CAg � ��. 4,003 CITY OF FRESNO, COVENANTOR a Municipal Corporation Synergy-Golden Dawn,LLC, a California Limited Liability Company By � Martin McIntyre, Director Public Utilities Department B . - abifir; Managing Member SHUA E. SA13AH APPROVED AS TO FORM: HILDA CANTO MONTOY City Attome ff14 By: Deputy (Covenantor: Attach Notary Acknowledgments) LDBE FORM Covenant Special Solid Waste Disposal 47-3-03 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Fresno On JULY 10, 2003 before me,F. TAMASHIRO DATE NAME,TITLE OF OFFICER" personally appeared JOSHUA E. SABAH NAMES)OF SIGNER(S) El 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 acknowledge to me that he/she/they executed the same in his/her/their authorized F.TAMASHIRO capacity(ies),and that by his/her/their signature(s)on the Commission s 1360230 instrument the person(s), or the entity upon behalf o Notary Public-California Fresno County which the person(s)acted,executed the instrument. MY Comm.E Oms Jun 16,2006 WITNESS my hand and official seal SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNED DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) DATE OF DOCUMENT ❑ GUARDIAN/CONSERVATOR EI OTHER: MANAGING MEMBER- SIGNER(S)OTHER THAN NAMED ABOVE SIGNER IS REPRESENTING: CLERK'S CERTIFICATION STA TE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On August 19, 2003, 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. KL ISCH Cirr CLERK a c� By Deputy Tract No. 5123 P.W. File No. 10533 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on February 26, 1999 as Document No. 1999-0030821 in the office of the Fresno County Recorder of which the Deed of Trust in, by and between TRUSTOR: Synergy-Golden Dawn LLC, a California Limited Liability Company, and TRUSTEE: Chicago Title Company, a California Corporation, and BENEFICIARY: Golden Dawn-Fresno, L.P., a California Limited Partnership, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants (Tract No. 5123). DATED: -�Q t-,� , 2003 BENEFICIARY: Golden Dawn-Fresno, L.P., a California limited partnership By: HHP/MS #1 GP, L.P., a California limited partnership General Partner By: Hearthstone, Inc. a Califomia corpor on General Partner By: T� Vtarvdhr senior Vice President (Beneficiary to Type Names,Titles&Attach Notary Acknowledgments) Document: Subordination to Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Services for Certain Lots Within Tract 5123 Golden Dawn-Fresno, L.P. State of California ) ) ss. County of San Francisco ) On July 10, 2003, before me, Angie Wong, Notary Public, personally appeared TRACY T. CARVER, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. ANGIE WONG COMM.8 1280183 NOTARY PUBLIC-CALIFOP,NIA� ti�it CRY 6 COUNTY OF SAN FRANCISCO (� y, COMM.EXP.OCT 13,2004 ✓' (Seal) Notary's Si nature {