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HomeMy WebLinkAboutT-5211 - Agreement/Covenant - 4/25/2006 (4) WHEN RECORDED MAIL TO: . T City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 14/19/2006120060082338 NO FEE-Government Code 6103 oa_ CITY OF FRESNO c=) Public Utilities Department Z V Solid Waste Management Division C) U STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT PROVIDING SPECIAL SOLID WASTE DISPOSAL SERVICES FOR CERTAIN LOTS WITHIN TRACT NO. 5211, PHASE 2 OF VESTING TENTATIVE MAP NO. 5029 Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Lots 1-6 of Tract No.5211 Page 2 RECITALS WHEREAS, DC 5029 L.P., a California Limited Partnership, 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, 3, 4, 5 and 6 of Tract No. 5211 according to the map thereof recorded in Volume '1J of Plats at Pages Document No. 21)01, - DD 3310, 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. 5211 was approved with conditions by the Fresno City Planning Commission on April 17, 2002 by Resolution No. 11704 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.5211 (Phase 2 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 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 F • i Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Lots 1-6 of Tract No.5211 Page 3 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 Lots 1, 2 3 and 4 shall place their solid waste containers at the edge of curb on or about the west property line of and in front of Lot 1 approximately 5-feet apart and not blocking any vehicle accesses and in accordance with the City of Fresno's Solid Waste Management Division standards. (b) The owners, lessees other tenants of the residential dwellings on service days before 6:00 a.m. for Lots 5 and 6 shall place their solid waste containers at the edge of curb on or about the east property line of and in front of Lot 5 approximately 5-feet apart and not blocking any vehicle accesses and in accordance with the City of Fresno's Solid Waste Management Division standards. ©) 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. Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Lots 1-6 of Tract No.5211 Page 4 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. •t , Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Lots 1-6 of Tract No. 5211 Page 5 DATED: dq os- d CITY OF FRESNO, COVENANTOR a Municipal Corporation DC 5029 L.P. a California Limited Partnership By By: Team 5 Properties, Inc., R e a irez, -Assistant Director A Califor ' orporation Public Utilities Department itll, '.r:,'•-, AsGe eral artner By. APPROVED AS TO FORM: ll�ltj Stephen L. Ke-e , Vice President JAMES C. SAVC4, E7* L✓r4ev t"� 11�190t SAN City Attorney By: Deputy (Attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 2 State of California I County of I I - � I On !/LQ/i. �� , before me, Dale /w� Nam and Title of icer(e. "Jane Doe.Nota u lic') personally appeared I Nam s)of Signer(s) I ^ersonally known to me r I proved to me on the basis of satisfactory evidence I• to be the personN whose name(s) is/ara subscribed to the within instrument and °F acknowledged to me that he/�executed 5�;,.,,T,F BRENDA C. PDE the same in his/weir authorized � e° � COMM.#1612614 � U) W NOTARY PUBLIC•CALIFORNIA i° capacity(ies), and that by his�r r *° FRESNO COUNTY 41 signature{ on the instrument the person(*, or I' ' My Comm Exp,Nav,s,Zoos the entity upon behalf of which the persons,) I acted, executed the instrument. fi WITNESS my hand and official seal. I _ Place Notary Seal Above Signature of Notary Public I OPTIONAL fiThough the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. I• i Description of Attached DpRurtient _ L �` I _ Title or Type of Document: / ` LGA/+ �i f�(IL�C' 4 � ,diJt-�4 C�i�4� ,�: Document Date: Number of Pages: I Signer(s) Other Than Named Above _." Capacity(ies) ClairiRled by S' ner Signer's Name: XI I ElIndividual Top of thumb here >iaorporate Officer—Title(s): /ly I ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator . ❑ Other:- I Signer Is Representing. � 0 1M Nall"!Notary Association•9350 be Soto Ave.,P O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary org Prod.No.5907 Reorder.Call Toll-Free 1-800-876-6827 Tract No. 5211 P.W. File No. 10886 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on September 23, 2005 , in the office of the Fresno County Recorder as Document No. 2005-0224500 of which the Deed of Trust in by and between: DC5029 L.P. as Trustor, Chicago Title Insurance Company , as Trustee, and California Bank & Trust , as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development for Landscape Maintenance for Tract No. 5211, Phase 2 of Vesting Tentative Map No. 5029. DATED: 3-/ BENEFICIARY Cs'T- CA Ll r aAJ IA ,ucc 'eve. Sheffie Hilliard Vice President & Manager (Beneficiary to print/type Name,Title and attach Notary Acknowledgment) T.- r CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r: - - - - - ,cr-rrrrrc•r- ,�-r- - ^.c c n>rr�t�rc=r<=r.�=r=r- .�r.�r-..rr,�=r-.,crc�.�.�r,,r.�rrr.�-r;C _,y, I i State of California ss. County of Fresno I I I I On March 13, 2006 before me, Brenda C. Poe, Notary Public Date Name and Title of Officer(e.g.."Jane Doe.Notary Public") personally appeared Sheffie Hilliard I. Names)of Signer(s) _x personally known to me L_J� proved to me on the basis of satisfactory evidence I I to be the person(N whose name(') is/ape subscribed to the within instrument and y�P�-OF rtiF BRENDA C. POEacknowledged to me that heGei�efthrey"executed N COMM.#1612614 the same in his/-4eri4h-etr- authorized is NOTARY C-CALIFORNIA 0 FRESNO COUNTY � ca acltY(lea). and that by his;her44terr My Comm €xp:Nov..8,2999 signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I i WITNES my hand and official sea( I `L_1 '�_ Place Notary Seal Above Signature of Notary Public i I• 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 I Description of Attached Document Title or Type of Document: Subordination (Statement of Covenant) I' I Document Date: Number of Pages: Signer(s) Other Than Named Above: None II Capacity(ies) Claimed by Signer Signer's Name: _ ❑ Individual Top of thumb here I I. r Corporate Officer—Title(s): Vice President ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee fi ❑ Guardian or Conservator ❑ Other: I Signer Is Representing: California Bank & Trust I I 0 1999 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402-w nationalnotary.org Prod.No.5907 Reorder.Call Toll-Free 1-800-876-6827 r , CLERK'S CERTIFICATION State of California) County of Fresno) On April 6. 2006, before me, Elvia Sommerville, Deputy Cily Clerk, personally appeared, Rene Ramirez, Interim Public Utilities Director, 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 be 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. WITNESS my hand and official seal. REBECCA E. KLISCH CITY CLERK, CMC By Deputy