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Home My WebLink AboutT-5145 - Agreement/Covenant - 2/17/2005 (3) WHEN RECORDED MAIL TO: IIII I IN I 11111111 FRESNO County Recorder City Clerk City of Fresno Robert C, Werner 2600 Fresno Street DDC— 2004-0277382 Fresno, CA 93721-3603 Acet 2-Chicago Title Company Monday, DEC 13, 2004 08:00:00 Tt 1 Pd $0.00 Nbr-0001679671 rgr/R7/2-9 NO FEE-Government Code 6103 CITY OF FRESNO Public Utilities Department Solid Waste Management Division STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT PROVIDING SPECIAL SOLID WASTE DISPOSAL SERVICES FOR CERTAIN LOTS WITHIN TRACT NO. 5145 Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5145 Page 2 RECITALS WHEREAS, THOMPSON FOGG, LLC, a 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 1, 2, and 16 of Tract No. 5145 according to the map thereof recorded on ])Zce-mber I3 , 200q_ in Volume 9 I of Plats at Page(s) 14 + 0 , 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.5145(Tentative Map)was approved with conditions by the Fresno City Planning Commission on April 16, 2003; 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. 5145,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 S;. 'ice Certain Lots Within Tract No. 5145 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) On solid waste service days, there shall be no parking of vehicles in the street along the cul-de-sac frontages of said Lots 1, 2, and 16. (c) 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 Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5145 Page 4 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. E 6 y Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5145 Page 5 DATED: CITY OF FRESNO, COVENANTOR a Municipal Corporation THOMPSON FOGG, LLC, a Limited Liability Company toem ill&r By: ho ps By ./ fC Martin McIntyre, Director �! Public Utilities Department By: Steven Fogg r.n�-•�.b� r APPROVED AS TO FORM: HILDA CANTO MONTOY City Attorney (Attach Notary Acknowledgment) By: r4// 1�A: A Deputy State of a ccs IrNc, RIGHT THUMBPRINT(Optional) County of no On 19k;)64 before me, m cj \ij j q (DATE) (NAME/TITLE OF OFFICER•i.e.'JANpE DOE,NOTARY PUBLIC') 0 personally appeared s ieyef\ ybz C; BICC (NAME(S)O I ER(S)l CAPACITY CLAIMED BY SIGNERIS) ❑INDIVIDUALIST ❑CORPORATE personally known to me -OR- Droved to me on the OFFICER(S) (TIT" basis Of satisfactory ❑PARTNER(S) ❑LIMITED evidence to be the ❑GENERAL person(s)whose name(s) ❑ATTORNEY IN FACT Is/are subscribed to the ❑TRUSTEEIS) within instrument and ❑GUARDIAN/CONSERVATOR acknowledged to me that ❑OTHER: he/she/they executed the .+w OF PAMELA J.HOW same in his/her/their COMM.#1451990 10 authorized capacity(ies), SIGNER IS REPRESENTING: NOTARYPUBLIC-CALIFORNIA H and that by his/her/their INams of Person(s)or Entityliea► H FRESNO COUNTY w signature(s) on the MyComm.Exp.July 24,2001 instrumentthe person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. RIGHT THUMBPRINT(Optional) Witness my hand and official seal. >r i 3 (SEAL) f�' (S N TORE OF NOTARY CAPACITY CLAIMED BY SIGNERIS) ❑INDIVIDUAL(S) ❑CORPORATE ATTENTION NOTARY OFFICER(S) The information requested below and in the column to the right is OPTIONAL. 'nTUS) Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any ❑PARTNERIS) ❑LIMITED unauthorized document. ❑GENERAL ❑ATTORNEY IN FACT THIS CERTIFICATE Title or Type of Document ❑TRUSTEE(S) MUST BE ATTACHED ❑GUARDIAN/CONSERVATOR TO THE DOCUMENT Number of Pages Date of Document ❑OTHER: DESCRIBED AT RIGHT: Signer(s)Other Than Named Above SIGNER IS REPRESENTING: (Name of Person(s)or Entitylies) WOLCOTTS FORM 63240 Rev.3•64 1Dfice Nass 6.2A) 01664 WOLCOTTS FORMS,INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITYIREPRESENTATION/TWO FINGERPRINTS I�Illltll ,III I IIIIII I 7 67775 63240 a CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) On October 7 , 20 04 , before me, Erika Leyva personally appeared Patrick Wiemil l er. Assistant Dirpernr Public 11 t 1 i t c D narrmPnt 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 By DPT Tract No. 5145/UGM P.W. File No. 11841 SUBORDINATION The undersigned as holderof the beneficial interest in and under that certain Deed of Trust recorded on May 13,2004, in the office of the Fresno County Recorder, as Document No. 2004- 105362 of which the Deed of Trust in, by and between Thompson Fogg, LLC, as Trustor, Chicago Title Company, as Trustee and County Bank, Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Special Solid Waste Services for Certain Lots Within Final Map of Tract No. 5145. DATED: September 23, , 200 4 TRUSTEE or BENEFICIARY By: I 1 I,-lk e Mark Barsotti, Vice President (Trustee/Beneficiary to print/type Name and Title; and attach Notary Acknowledgment) r STATE OF CALIFORNIA ) ss. COUNTY OF FRESNO ) On this 23rd day of September,in the year 2004,before me, Cynthia Islas a Notary Public in and for said County and State,personally appeared Mark Barsotti 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/he/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. CYNTHIA r4 , A ISLAS Si nt a f Nota COMM. Y1311584 au, g oso NOTARYPUBLIC-CALIFORNIAq FRESNO COUNTYmy COMM E ry P July 1,2005