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Home My WebLink AboutT-5215 - Agreement/Covenant - 12/5/2005 (5) s "WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno street 11/23/2005,20050276163 Fresno, CA 93721-3603 � O NO FEE - Government Code 6103 Z 0 ; CITY OF FRESNO V W P Public Utilities Department QSolid Waste Management Division W J IL STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT PROVIDING SPECIAL. SOLID WASTE DISPOSAL SERVICES FOR CERTAIN LOTS WITHIN TRACT NO. 5215 Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5215 Page 2 RECITALS WHEREAS, Spradling Construction Inc., a California Corporation, and Sherman Spradling as President, 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 2 through 7 on South Seventh Street, Lots 10 through 16 on South Eight Street, Lots 19 through 25 on South Wolters Avenue, and Lots 28 through 34 on South Spalding Avenue of Tract No. 5215 according to the map thereof recorded on Noye-rnheor 63 , 20105 in Volume of Plats at Page(s) 5 9� , 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..5215 was approved with conditions by the Fresno City Planning Commission on October 6, 2004; 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. 5215,filed pursuant to said Tentative } P� Map, affectsthe accessibility to the Subject Property and prevents normal curbside solid waste disposal services to be provided by the City of Fresno; and 1` ?`i A, Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5215 Page 3 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 2 through 7, Lots 10 through 16, Lots 19 through 25, and Lots 28 through 34. (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. vy Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5215 Page 4 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. 5215 Page 5 DATED: f�A 4 CITY OF FRESNO, CONVENTOR: a Municipal Corporation Spradling Construction Inc., a.California Corporation. By: , By Sherman Spra—dlirfg, President Nick Prpovino, Director Planni and Development Department APPROVED AS TO FORM: (Attach Notary Acknowledgment) HILDA CANTO MONTOY City Attorney By Deputy CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss: CITY OF FRESNO ) On 21, 2005 , before me, .personally appeared .ca�Z> _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 CLERKO-� fffAr By1� v, ciL r `' €PUTT ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA} COUNTY OF FRESNO} On ®� before me KELLY G. SWERTFAGER personally appeared: 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), an that by his/her/their signatu�e(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. WITNESS my hand and official seal. i Signature Ce'��a. jAa;1�4zo I 'A/ KELLY G. SWERTFAGER (NOTARY GOM.#1352032 SFAS) NOT� SNO COLWY My Comm.Expires May 14,2006 Hi P"107:1 Tract No.: 5215 P.W. No.: 10759 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on October 3, 2003, in the office of the Fresno County Recorder as Document No. 20030239299 of which the Deed of Trust in by and between: Spradling Construction Inc., a California Corporation, as Trustor, Chicago Title Company, a California Corporation, as Trustee, and Jack McClellan, an unmarried man, 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. 5215. DATED: c- tAe"M1,26 0-5- BENEFICIARY (Beneficiary to print/type Name and Title; and attach Notary Acknowledgment) w S. ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA} COUNTY OF FRESNO} On 5w!n21� 7�010�� before me, KELLY G. SWERTFAGER personally appeared: ,J i cdc M Clete (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), an 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. SignatureIr (NOTARY SEAL) KELLY G. SWERTFRGER g, .. COMM. #1352032 NOTARY PUBLIC-CALIFORNIA FRESNO COUNTY �- My Comm.Expires May 14,cum Tract No.: 5215 P.W. No.: 10759 r' SUBORDINATION The. undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on June 10, 2005, in the office of the Fresno County Recorder as Document No. 20050129793 of which the Deed of Trust in by and between: Spradling Construction Inc., a California Corporation, as Trustor, Estate Financial, Inc., a California corporation, as Trustee, and Estate Financial, Inc., a California corporation, 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. 5215. r DATED: -5c p e'. ' BENEFICI y (Beneficia torintltype Name and Title; and attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT • ) r State of Ca I I co County of On T� . 0'j„ 0 5 before me,. � PJ o i'L Name and Title of Officer(e.g., Jan Doe,Notary Public") personally appeared y/n �, C —5� v, Name(s)of Signer(s) ❑ personally known to me -OR- proved to me on the basis of satisfactory evidence to be the person) whose name( is/ subscribed to the within instrument and SHERRY DAVIS acknowledged to me that he/std/fey executed the same in „-, �/ ''; COMM.#1463543 m his/Per/t eir authorized capacity(W�5), and that by his/h /t eir Notary Public-California v_, signs urefiQ on the instrument the . person,(,$), or the entity upon \ , SAN LUIS OBISPO COUNTY —s My Comm.Exp:Jan 17,2008 behalf of which the person acted, executed the instrument. WITNES my hand Manicial seal. Signatu tary Public ----------------------------------------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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by, Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer ❑ Titles(s): ❑ Title(s): ❑ Partner- ❑ Limited ❑ General ❑ Partner- ❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee _ ❑ Trustee . Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of Thumb here ❑ Other: Top of Thumb here Signer Is Representing: Signer Is Representing: