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Home My WebLink AboutT-5538 - Agreement/Covenant - Special Solid Waste Services - 5/7/2018 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Illi ill I IIII II II IIII I li I IIII II lilll I IIIc i II III III FRESNO County Recorder Paul Dictos, C,P,A. City Clerk DOC— 2018-0053255 City of Fresno Acct 8017-First American Title - Fresno SPL 2600 Fresno Street Monday, MAY 07, 2018 08:00:00 Fresno, CA 93721-3603 TtI Pd $0,00 Rcpt # 0004991519 ARG/R3/1-8 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 THE FINAL MAP OF TRACT NO. 5538 Statement of Covenants Special Solid Waste Disposal Services Final Map of Tract No. 5538 Page 2 RECITALS WHEREAS, WESTERN PACIFIC HOUSING, INC, a Delaware 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: Lots 25, 26 and 40 of the Final Map of Tract No. 5538 according to the map thereof recorded on MAy 7 1 2-PIF , in Volume _$7 of Plats at Pages C1 4 914 _,'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. 5538 was approved with conditions by the Fresno City Planning Commission on May 17, 2006; and WHEREAS, the conditions of approval of said Tentative Map require the City of Fresno ("City") to provide solid waste disposal services; and WHEREAS, the design of the Final Map of Tract No. 5538,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; and WHEREAS, the Covenantor requests the City to provide special solid waste disposal services to the Subject Property. Statement of Covenants Special Solid Waste Disposal Services Final Map of Tract No. 5538 Page 3 COVENANTS, CONDITIONS, AND RESTRICTIONS For favorable action on, and approval of the Covenantor's request that the City 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 of Covenant 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) On solid waste service days before 5:30 a.m., the owners, lessees other tenants of the residential dwelling for Lots 25 and 26 shall place their solid waste containers at the edge of curb on or about the west property line of and siding onto Lot 40 approximately 4-feet apart and not blocking any vehicle accesses and in accordance with the City's Solid Waste Management Division standards. (B) 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 of Covenant are intended to benefit the public and public properties. Accordingly, the City shall have the right to enforce this Statement of Statement of Covenants Special Solid Waste Disposal Services Final Map of Tract No. 5538 Page 4 Covenant 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 of Covenant shall insure solely to the benefit of the City. There are no third party beneficiaries of said obligations nor shall the right of the City 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 Statement of Covenant shall remain in full force and effect until such time as the City 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. If either party is required to commence any proceeding or legal action to enforce or interpret any term or condition of this Statement of Covenant, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses. For the purposes of this Statement of Covenant, "attorneys'fees"and "legal expenses" include, without limitation, paralegals' fees and expenses, attorneys, consultants fees and expenses, expert witness fees and expenses, and all .other expenses incurred by the prevailing party's attorneys in the course of the representation of the prevailing party in anticipation of and/or during the course of litigation, whether or not otherwise recoverable as "attorneys'fees" or as"costs" under California law, and the same may be sought and awarded in accordance with California procedure as pertaining to an award of contractual attorneys' fees. 5. The waiver by either party of a breach by the other of any provision of this Statement of Covenant shall not constitute a continuing waiver or a waiver of any subsequent breach of either.the same or a different provision of this Statement of Covenant. No provisions of this Statement of Covenant may be waived unless in writing and signed by all parties to this `1 Statement of Covenants Special Solid Waste Disposal Services Final Map of Tract No. 5538 Page 5 Covenant. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein. 6. The provisions of this Statement of Covenant 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 of Covenant so requires, in interpreting this Statement of Covenant, any gender includes the other genders, the singular includes the plural, and the plural includes the singular. .j Statement of Covenants Special Solid Waste Disposal Services Final Map of Tract No. 5538 Page 6 DATED: PRI�_q►2(�I� CITY OF FRESNO, COVENANTOR a Municipal Corporation WESTERN PACIFIC HOUSING, INC. Public Utilities Department A Delaware Corporation By: M iCHAPEL_64.A A3AL� PLA NktiH6 M.48t16cR atrick Darnell, Vice President of Land APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney f By: AaRatqKan-Doidge Depu City Attorney Date: (Attach Notary Acknowledgment) 6 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Tulare ) On March 8, 2018 before me, R. Hensley, Notary Public (insert name and title of the officer) personally appeared Patrick Darnell who 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. R.HENSLEY WITNESS my hand and official seal. Notary Public-�Calitomia Z Z Tulare County Z Z Commission*2172956 M Comm.Ex ares Nov 20,2020 Signature (Seal) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document,to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document CLERK'S CERTIFICATION State of California ) County of Fresno ) On April 9, 2018 before me, Cherisea Barnes, Deputy City Clerk, personally appeared, Michael Carbaial, Planning Manager, Department of Public Utilities of the City of Fresno, who 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal YVONNE SPENCE, CMC City Clerk, City of Fresno c��y°F FRFsyo e • o 4p %, ' Oq'.rED OG1.1 By Deputy