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Home My WebLink AboutT-5237 - Agreement/Covenant - 12/29/2005 (7) WHEN RECORDED MAIL TO: City Clerk 1Z/Z9/Z0�5 Z0�5�3�3885 City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 i=3 NO FEE - Government Code 6103 W pCITY OF FRESNO U. V Public Utilities Department Solid Waste Management Division U P.W. File No. 10681 STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT PROVIDING SPECIAL SOLID WASTE DISPOSAL SERVICES FOR CERTAIN LOTS WITHIN TRACT NO. 5237 Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5237 Page 2 RECITALS WHEREAS,WOODSIDE AVALON,INC,a California Coroporation, 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 60 through 65, inclusive, Lots 76 through 81, inclusive, Lots 182 through 188, inclusive,and Lots 197 through 203, inclusive,of Tract No. 5237 according to the map thereof recorded on , 20 in Volume 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. 5237 (Tentative Map) and Conditional Use Permit No. C-03-204 (CUP) were approved with conditions by the Fresno City Planning Commission on March 17, 2004; and WHEREAS, the conditions of approval of said Tentative Map and CUP require the City of Fresno to provide solid waste disposal services; and WHEREAS,the design of the Final Map of Tract No. 5237,filed pursuant to said Tentative Map and CUP, affects the accessibility to the Subject Property and prevents normal curbside solid j.1 Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5237 Page 3 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. (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. Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5237 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. 5237 Page 5 DATED: ,L 2D os'' CITY OF FRESNO, COVENANTOR a Municipal Corporation WOODSIDE AVALON, INC, a California Corporation By By: ire , ssista ReneR t Director eth Ure, President Public Utilities Departme t APPROVED AS TO FORM: (Attach Notary Acknowledgment) HILDA CANTO MONTOY City Attorney By: Deputy CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of S� ss. On before me, "- , Date �� Name and Title of Officer(e.g.,"Jane Doe,Notary rye) personally appeared , Name(s)of Signer(s) YI-Personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed Cto the within instrument and acknowledged to me that Commisslon#1552008 he/she/they executed the same in his/her/their ilamy �°ryPuboc-Cclifomia authorized capacity(ies), and that by his/her/their Ffrem County Col fE>QaIreaFeb 12,2 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ITNESS my hand and official seal. Place Notary Seal Above 01 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 Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General El Attorney in Fact To of thumb here El Attorney in Fact . P Top of thumb here ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator El Other: ❑ Other: Signer Is Representing: Signer is Representing: 0 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 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On December 21, 2005; before me, Elvia Sommerville, Deputy City Clerk, personally appeared, Rene Ramirez, Assistant Public Utilities Director , known to me (or proved to me on the basis of satisfactory evidence)to be the person(s) whose 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 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 City Seal. REBECCA E. KL ISCH, CMC CITY CLERK J d By Deputy December 21,2005(9:32am) l � ... ;, _ .l{1