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Home My WebLink AboutT-5127 - Agreement/Covenant - 2/9/2005 (4) WHEN RECORDED MAIL TO: 11 IIII III III I III II II(III II I VIII I IIII I IIII I II IIII II FRESNO County Recorder City Clerk Robert C, Werner City of Fresno DOC— 2004-0106600 2600 Fresno Street Acct 1-Financial Title Company (C) Fresno, CA 93721-3603 Friday, MAY 14, 2004 08:00:00 Ttl Pd $@,@@ Nbr-0001478420 rer/R7/3-11 CITY OF FRESNO Public Utilities Department Solid Waste Management Division P.W. File No. 10614 STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT PROVIDING SPECIAL SOLID WASTE DISPOSAL SERVICES FOR CERTAIN LOTS WITHIN TRACT NO. 5127 Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5127 Page 2 RECITALS WHEREAS,SUNNYSIDE RIDGE PARTNERS,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, 12, 13, 14, 27, 28, 29, 30, 31, 36, 37, 38, 39, and 40 of Tract No. 5127 according to the map thereof recorded on M 614 i} , 200' -- in Volume of Plats at Page(s) (' 2— Fresno 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. 5127(Tentative Map)and Conditional Use Permit No. C-02-246 (CUP)were approved with conditions by the Fresno City Planning Commission on July 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 WHEREAS,the design of the Final Map of Tract No.5127,filed pursuant to said Tentative Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5127 Page 3 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) On solid waste service days, there shall be no parking of vehicles in the street along the cul-de-sac frontages of said Lots 11, 12, 13, and 14, said Lots 27, 28, 29, 30, and 31, and said Lots 36, 37, 38, 39, and 40. Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5127 Page 4 (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 Certain Lots Within Tract No. 5127 Page 5 DATED: �; 2 DO y CITY OF FRESNO, COVENANTOR a Municipal Corporation SUNNYSIDE RIDGE PARTNERS, LLC a California Limited Liability Company By: Generation Homes, Inc. a California Corporation, its manager By !I r--AkiLl- By: 'zz Martin McIntyre, Director flobeA Wood, President Public Utilities Department APPROVED AS TO FORM: (Attach Notary Acknowledgment) HILDA CANTO MONTOY City Attorney By. Deputy LDSE FORM Covenant Special Solid Waste Disposal v7-3-03 Jonb 4-&04 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I State of California ��i. County of �ab ss. f On_ 4 'bt OL1 before me, MOA4y0 &'(ZLS Date (� 7 Name and Tit of Officer(e.g.,"Jane Doe,Notary Public") personally appeared 1��b�1�� V� Name(s)of Signers) personally known to me ❑ 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 capacity(ies), and that by his/her/their MARY JO SALAS signature(s)on the instrument the person(s),or cc '� COMM.#1409455 the entity upon behalf of which the person(s) NOTARY PUBUC-CAUFORNU ap FRESNO COUNTY 14acted, executed the instrument. MY COMM.Exp,April 5,2007 SS my h a and offi ' I sea Si ature of Notary Public I 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. i Description of Attached Document Title or Type of Document: Document Date: Number of Pages: I Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee I ❑ Guardian or Conservator ❑ 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 1-800.878-6827 CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO CITY OF FRESNO On May 5,2004, 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. KL/SCH, CMC C/TY CLERK By ( r.� Deputy Tract No. 5127 P.W. File No. 10614 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on March 7 , 2003, in the office of the Fresno County Recorder, Document No. 2003-0053619 , and modified per Document No. 2003-0297661 recorded on December 16. 2003 , in the office of the Fresno County Recorder, of which the Deed of Trust in by and between: Sunnyside Ridge Partners LLC, a California limited liability company as Trustor, Financial Title Company. a California corporation , as Trustee, and Reedley Investments i, LLC, a California limited liability company , as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Services for lots within Tract No. 5127. DATED: BENEFICIARY Reedley Investments I, LLC, 7a Californj11im'ted liabilit company J By: Lazo R1 ,�r� =�-►� �-� By: (Provide name and title of signature and Attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT i - I State of California ss. County of lV` On rvl I�1 ?Mg before me, Dare FName and Title of Olker(e.g.,"Jane Doe,Notary Public") personally appeared Far1Ltt &SSr� 1 Name(s)of Signer(s) -C7-p-ersonally 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 capacity(ies), and that by his/her/their MARY JO SALA$ signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) = WT°RY�M RMA m acted, executed the instrument. i, PRUNOcouim N Mll Comm.Ofp.April e,2007 SS my han nd official eal. g ure of Notary Public i 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. i` Description of Attached Document i Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer I' Signer's Name: I ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ( ❑ Trustee ❑ Guardian or Conservator ❑ Other: ( Signer Is Representing: t 0 1999 National Notary Association•9350 De Soto Ave..P.O.Box 2402•Chatsworth,CA 91313-2402•www.natlonalnotary.org Prod.No.5907 Reorder:Call Toll-Free 14100.876-M7 Tract No. 5127 P.W. File No. 10614 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on December 23 , 2003, in the office of the Fresno County Recorder, Document No. 2003-0303270 of which the Deed of Trust in by and between: Sunnyside Ridge Partners LLC. a California limited liability company as Trustor, Financial Title Company, a California corporation , as Trustee, and Housing Capital Comgany, 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 Providing Special Solid Waste Disposal Services for lots within Tract No. 5127. DATED: y- lGv -D BENEFICIARY Housing Capital Company, a Minnesota partnership �1r1o��-s 6. UJ�Ite,� By: (Provide name and title of signature and Attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 1, t ss. County of On HQ (< <(Q. 21M before me, Date Name and Title of Officer(e.g.,`Jane Doe,Notary Public) personally appeared W a—k KXV- Name(s)of Signer(s) 2156'rsonally known to me ❑ proved to me on the basis of satisfactory evidence i' 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 t capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),or JO SAM the entity upon behalf of which the person(s) COMM.#1408485 acted, executed the instrument. ac NOTARY PUBLIC-CAUFORIW as FREBl10 COUNTY to T "hannd officials I. MY Camm.EV.AprR e,tool I, I' at of Notary Public I 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: i' Document Date: Number of Pages: I ( Signer(s)Other Than Named Above: t i Capacity(ies) Claimed by Signer Signer's Name: ill".!$Ijbivil M11 ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ( ❑ Trustee ❑ Guardian or Conservator ❑ Other: i Signer Is Representing: 0 1999 National Notary Association•9350 De Soto Ave.,PA.Box 2402•Chatsworth,CA 91313-2402•www.nahonalnotary.org Prod.No.5907 Reorder:Call Tog-Free 1•e0D.8768827