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Home My WebLink AboutT-5224 - Agreement/Covenant - 6/3/2005 (6) r WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno street 05/18/1805�18858111141 Fresno, CA 93721-3603 O UL. NO FEE-Government Code 6103 Z O V W CITY OF FRESNO Q Public Utilities Department W Solid Waste Management Division J a STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT PROVIDING SPECIAL SOLID WASTE DISPOSAL SERVICES FOR CERTAIN LOTS WITHIN TRACT NO. 5224 r t Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5224 Page 2 RECITALS WHEREAS, De Young Properties 5224 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 143 through 148, inclusive, Lots 159 through 161, inclusive, and Lots 170 through 172,inclusive,of Tract No. 5224 according to the map thereof recorded on - -eT_?l1 , 2005 in Volume— A of Plats at Page(s) G G f7,ra (o g , 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.5224 was approved with conditions by the Fresno City Planning Commission on April 21, 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.5224,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 I Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5224 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 vehides in the street along the cul-de-sac frontages of said Lots 143 through 148, inclusive, Lots 159 through 161, inclusive, and Lots 170 through 172, inclusive. (c) The Covenants, Conditions and Restrictions(CC&R)and the Real Estate Disclosure Report shalt 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, Statement of Covenants Affecting Land D avelopment Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5224 Page 4 tenant and subsequent buyer t iat such restriction exist. 2. The conditions of this tatement 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 Coi renantor and such person or persons in actual possession of the Subject Property who directly o who through any agent violate the terms hereof. All obligations of the Covenantor under thi Statement shall insure solely to the benefit of the City of Fresno. There are no third party benefi 'aries of said obligations nor shall the right of the City of Fresno be transferable in any marine to any person other than to a successor municipal corporation whose geographic bounda 'as 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, Di ector of the Public Utilities Department issues a written release of such conditions and obligatio is 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 unenfor ceability 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 tatement, any gender includes the other genders, the singular includes the plural, and the plum I includes the singular. Statement of Covenants Affecting Land D Dvelopment Providing Special Solid Waste Disposal S Drvice Certain Lots Within Tract No. 5224 Page 5 DATED: M119 Y CITY OF FRESNO, COVENANTOR a Municipal Corporation De Young Properties 5224 L.P., a California Limited Partnership By: Team 5 Properties, Inc., a California Corporation, as Gen ral Partner. By Ren it , A�istaDirector By Public Utilities Department Jeny . De You g, Pre dent (Attach Notary Acknowledgment) APPROVED AS TO FORM: HILDA CANTO MONTOY City Attorney By: LQ Deputy STATE OF CALIFORNIA, COUNTY OF Fresno } S.S. On April 15, 2005 before me, Anna M. Renna a Notary Public in and for said County and State, personally appeared Jerry A. De oung personally known to me the basis of to be FOR NOTARY SEAL OR STAMP the person whose name is/are subscribed to the within instrument and acknowledged to me that he/94eflhey executed the same in his/herAheir authorized capacity(ia*, and that by his/herkheir �.utop) ,J ANNA M.RENNA signature(p) on the instrument the person(b), or N aCOMM.#1433198 the entity upon behalf of which the person($) y I. FRESNO COUNTY " NOTARY PUBLIC-CALIFORNIA-CALIFORNIA Co acted, executed the instrument. My Crtmm.Exp.Aug.30,2007 WITNESS y d and official al. Signature f CLER VS CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On May 10,2005,before me,Erika LeyN a,Deputy City Clerk,personally appeared Rene Ramirez, Assistant Director Public Utilities Det artment, known to me (or proved to me on the basis of satisfactory evidence)to be the person(s) hose name(s)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 in strument(s)the person(s), or the entity upon behalf of the City of Fresno of which the person(s)ac d, executed the instrument. WITNESS my hand and official City Se 1. REBECCA E KLISCH C/TY CLERX By _ 5� � i De 't •r Tract No. 5224 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on e o a —I , in the office of the Fresno County Recorder as Document No._z 004_ YR of which the Deed of Trust in by and between: P Saa L.P. li gni 'mit ►' � .'r;+�� (�� u sh' as Trustor, n�a i'r'k >✓Tr st („ I' , as Trustee, and tFnrn►n R.»,L'� nrc)92! Eras 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 Service Certain Lots Within Tract No. 5224. DATED: ,pr BENEFICIARY By: Pct cl-�'ao-d Ac.�di r�o Sr. V. P By: (Beneficiary to printftype Name,Tithe and attach Notary Acknowledgment) STATE OF CALIFORNIA, COUNTY OF Fresno } S.S. On _ Aril li;, 2005 , before me, Anna M. Renna a Notary Public in and for said County and State, personally appeared Richard Audino personally known to me F:RCe) to be FOR NOTARY SEAL OR STAMP the person whose name�V) isOm subscribed to the within instrument and acknowledged to me that he/-ghel�hery executed the same in his/hef4heir authorized capacity(ies3, and that by his/herfthsri'r� signature() on the instrument the person1s), or ,,�� ANNA M.RENNA the entity upon behalf of which the F person(K) C4 �'� r°a COMM.#1433198 ca acted, executed the instrument. ac - = NOTARY PUBLIC-CALIFORNIA a, N FRESNO COUNTY ^� `+�i�o.+` My Comm.Exp.Aug.30,2007 WITNE S my and and offici I�seal Signatur