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HomeMy WebLinkAboutT-5235 - Agreement/Covenant - 12/13/2005 (6) WHEN;RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 iZ/1Z/2005,10050189953 v Q NO FEE -Government Code 6103 Z V CITY OF FRESNO U.I Public Utilities Department QSolid Waste Management Division W —J P.W. File No. 10779 STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT PROVIDING SPECIAL SOLID WASTE DISPOSAL SERVICES FOR CERTAIN LOTS WITHIN THE FINAL MAP OF TRACT NO. 5235 Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5235 Page 2 RECITALS WHEREAS, KB HOME SOUTH BAY INC, a California 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 i described as follows and by this reference made a part of this Statement of Covenants: Lots 50 through 52, inclusive, Lots 54 and 55, Lots 57 through 62, inclusive, Lots 67 through 71, inclusive, Lots 79 through 81, inclusive, Lots 93 through.98, inclusive, Lots 121 through 125, inclusive, Lots 140 through 142,'inclusive, Lots 154 through 158, inclusive, Lots 160 through 162, inclusive, Lots 170 through 174, inclusive, Lots 178 and 179 of Tract No. 5235 according to the map thereof recorded on OerM Leo !� , 20 Q T in Volume 13 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, Tentative Map No. 5235 (Tentative Map)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. 5235,filed pursuant to said Tentative Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5235 Page 3 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 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 the Subject Property(Lots 57 through 62, inclusive, Lots 67 through 71, inclusive, Lots 79 through 81, inclusive, Lots 93 through 98, inclusive, Lots 121 through 125, inclusive, Lots 140 through 142, inclusive, Lots 154 through 158, inclusive, Lots 160 through 162, inclusive, Lots 170 through 174, inclusive, Lots 178 and Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5235 Page 4 179). (c) On solid waste service days, the solid waste containers.for the Subject Property (Lots 52, 54 and 55) shall be placed along the east side curb of South Waldby Avenue frontage. (d) On solid waste service days, the solid waste containers for the Subject Property (Lots 50 and 51) shall be placed along the north side curb of East Geary Street frontage westerly of the east curb line of South Waldby Avenue. (e) 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 Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5235 Page 5 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. N: Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5235 Page 6 DATED: .CITY OF FRESNO, COVENANTOR a Municipal Corporation KB HOME SOUTH BAY INC, a California Corporatio By By: Ren FlainirefAssistan irector P.A. Dent III, Senior Vice President Public Utilities Department APPROVED AS TO FORM: (Attach Notary Acknowledgment) HILDA CANTO MONTOY City Attorney By: Deputy CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California / County of A/a wda. ss. On ILA before me, S6Va- L.. T[ohlbzA5 Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared P.P./f, be&f Name(s)of Signer(s) ersonally known to me ❑ proved to me on the basis of satisfactory evidence SMA L Roel to be the person(s) whose name(s) is/are subscribed Commission#1546"9 to the within instrument and acknowledged to me that "01110YPtAft-cdWOMio _ he/she/they executed the same in his/her/their Nom�O authorized capacity(ies), and that by his/her/their MVICOMm' �^ 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. Place Notary Seal Above <5 "t � � Signature of Notary 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 Da - Number of Pages: Signer(s) Other Than Na Above: Capacity(ies) Claimed by Signe Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Titie(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General artner—❑ Limited ❑ General _ ❑ Attorneyin Fact ' Top of thumb here ❑ At in Fact ❑ Trustee Top of thumb here ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or ervator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800.876.6827 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss: CITY OF FRESNO ) On �ti�eirn-��2 2, Z 00 S , before me, -�- personally appeared W2:, �J.�-� • �'GL . 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 CLERK A By DtP-UTY — v K:\jonb\Map docs\Final Maps\FM 5235\T-5235 Sub Docs\T-5235 Covenant Special Solid Waste Disposal.wpd