The URL can be used to link to this page

Home My WebLink AboutT-5189 - Agreement/Covenant - 2/10/2005 (5) WHEN RECORDED MAIL TO: j IIII III III I 1111111 IN III I III III III I IN I IN I III FRESNO County Recorder City Clerk Robert C, Werner City of Fresno DOC— 2004-0140425 2600 Fresno Street Acet 5-First American Title Insurance Company Fresno, CA 93721-3603 Friday, JUN 25, 2004 08:00:00 Tt 1 Pd $0.00 Nbr-0001518459 rgr/R7/2-10 CITY OF FRESNO Public Utilities Department Solid Waste Management Division P.W. File No. 10630 STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT PROVIDING SPECIAL SOLID WASTE DISPOSAL SERVICES FOR CERTAIN, LOTS WITHIN TRACT NO. 5189, PHASE I OF VESTING TENTATIVE MAP NO. 5189 Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5189 Page 2 RECITALS WHEREAS, McMillin Colby Park, LLC, a Delaware 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, 26, 27, 28, 29, 30, 33, 34, 35, 36, 37, 49, 50, 51, 52, 53 & 54 of Tract No. 5189 according to the map thereof recorded on J Un e S , 20014_in Volume 90 , of Plats at Page(s) 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. 5189 was approved with conditions by the Fresno City Planning Commission on October 15, 2003 by Resolution No. 11909; 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. 5189(of said Tentative Map) affects the accessibility to the Subject Property and prevents normal curbside solid waste disposal services L Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5189 Page 3 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 the residential dwellings for Lot 1 on service days before 6:00 a.m., shall place their solid waste containers at the edge of curb on or about the south property line of East Fountain Way approximately 5-feet apart and not blocking any vehicle accesses and in accordance with the City of Fresno's Solid Waste Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5189 Page 4 Management Division standards. (c) On solid waste service days, there shall be no parking of vehicles in the street along the cul-de-sac frontages of said Lots 26, 27, 28, 29, 30, 33, 34, 35, 36, 37,49, 50, 51, 52, 53 & 54 (d) 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 of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5189 Page 5 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. 5189 Page 6 DATED: S Z SI O CITY OF FRESNO, COVENANTOR a Municipal Corporation McMillin Colby Park, LLC, a Delaware Limited Liability Company By: McMillin Management Services, L.P., a California Limited Partnership, as Manager By Martin McIntyre, Director �p r Public Utilities Department By: Corky McMillin Construction Services, Inc., a California Corporation, as General Partner APPROVED,AS TO FORM: By: , HILDA CANTO MONTOY je A. ea, Executive Vice President City Attorney Robinson, Vice President By: eputy (Attach Notary Acknowledgment) LDBE FORM Covenant Special Solid Waste Disposal * * * * * * * * * * * * * * * STATE OF CALIFORNIA) ss. COUNTY OF TULARE ) On April 26, 2004, before me, the undersigned, a notary public for the state, personally appeared JIM W. ROBINSON AND JOSEPH A.LEAL, 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/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),or the entity behalf of which the person(s)acted, executed the instrument. WITNESS my hand and official seal J. STURGEON COMM. 1454944 NOTARY PUBLIC-CALIFORNIA TULARE COUNTY �+ • My Caron.Expiroe Dec 28,2007 NOTAR SIGNATU SEAL Tract No. 5189/UGM P.W. File No. 10630 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on February 5. 2004, in the office of the Fresno County Recorder, as Instrument No. 2004-0026967, of which the Deed of Trust in by and between: McMillin Colby Park, LLC, a Delaware Limited Liability Company , as Trustor, First American Title Insurance Company, a California Corporation, as Trustee, and IndyMac Bank, F.S.B. , 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 Certain Lots Within Tract No. 5189, Phase I of Vesting Tentative Map No. 5189. DATED: aP z, leo BENEFICIARY Indy"c g0nK7, F.S.B. Coo t- Vis+ Sc-ea'�ta�-y (Signers to Print Name, Title & Attach Notary Acknowledgment) e CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT f State of California ss. County of On APkit. zqF 2009 beforeme, F.FLOkr-s, AWMAY Date Name and Tab of Officer(e.g.,"Jane Doe,Notary Public") ( personally appeared Ihf?2V Lo y s w I N T E K Ago IPP-1140A 15- COOK, Name(s)of Signer(s) personally known to me S ❑ proved to me on the basis of satisfactory E. FLORES evidence f Notay q� �a0fonwo ( Lp� "O's County to be the person(s) whose name(s) -is/are Camrn 6q�IteeFebnty subscribed to the within instrument and (' acknowledged to me that heAshe/they executed ( the same in hisAw/their authorized capacity(ies), and that by hisLher/their i signature(s) on the instrument the person(s),or f the entity upon behalf of which the person(s) i. acted, executed the instrument. i WITNESS y hand and official seal. f � ignature ol Notary Public (,1i OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent I� fraudulent removal and reattachment of this form to another document. r' Description of Attached Document - r l Title or Type of Document: Document Date: J Number of Pages: ` Signer(s)Other Than Named Above: � f^s Capacity(ies) Claimed by Signer i Signer's Name: � .& ❑ Individual Top of thumb here >Corporate Officer—Title(s): ❑ Partner—❑Limited ❑General T —� f ❑ Attorney-in-Fact ❑ Trustee Q, i ❑ 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.59D7 Reorder:Call Toll-Free 1-800-9766827 CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On May 26,2004, before me, Elvia Sommerville, Deputy City Clerk, personally appeared, Patrick N. Wiemiller,Assistant Public Utilities Director, known to me (or proved to me on the basis of satisfactory evidence)to be the person(s)whose names) 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. W/TNESSmy hand and official City Seal. REBECCA E. KL ISCH, CMC CITY CLERK 0 0 By p � Deputy May 26,2004(10:3 lam) 1