Loading...
HomeMy WebLinkAboutT-5247 - Agreement/Covenant - 3/2/2005 (8) e WHEN RECORDED MAIL TO: City Clerk 01/14/2@05,20@5001@114 City of Fresno 2600 Fresno Street 2 Fresno, CA 93721-3603 O LL Z VNO FEE-Government Code 6103 W Q CITY OF FRESNO LU Public Utilities Department Solid Waste Management Division STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT PROVIDING SPECIAL SOLID WASTE DISPOSAL SERVICES FOR CERTAIN LOTS WITHIN TRACT NO. 5247 PHASE 1 OF VESTING TENTATIVE MAP NO. 5247 Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5247 Page 2 RECITALS WHEREAS, CAMPOS BROTHERS, a California general partnership, GRANTLAND AVENUE L. L. C., a California Limited Liability Company, hereinafter designated and called the "Owner,"without regard for number or Gender, and GRANTLAND AVENUE L. L. C., a California Limited Liability Company,and IMAGE HOMES,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 described as follows and by this reference made a part of this Statement of Covenants: Lots 9, 10, 19, 20, 21, 22, 31, 32, 33, 34, 49, 50, 51, 52, 53, 56, 57, 58, 59, 60,65,66, 103, 104, 105, 106, 107, 118, 119, 120, 121, 122, 123, 140, 141, 142, 143, 144, 199, 200, 201, 219, 220 of Tract No. 5247 according to the map thereof recorded on .-)Qn U rU /Y , MOS in Volumed of Plats at Page(s) :5 ArU , Fresno County Records;R r • and t 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. 5247 was approved with conditions by the Fresno City Planning Commission on June 2, 2004; and WHEREAS, the conditions of approval of said Tentative Map require the City of Fresno to provide solid waste disposal services; and Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5247 Page 3 WHEREAS,the design of the Final Map of Tract No. 5247,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 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 9, 10, 19, 20, 21, 22, 31, 32, 33, 34, 49, 50, 51, 52, 53, 56, 57, 58, 59, 60, 65,66, 103, 104, 105, 106, 107, 118, 119, 120, 121, 122, 123, 140, 141, 142, 143, 144, 199, 200, 201, 219, 220. Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5247 Page 4 (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. 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. 5247 Page 5 DATED: MLA CITY OF FRESNO, COVENANTOR a Municipal Corporation OWNER: CAMPOS BROTHERS, a California general partnership By: ,F{e,rmin Campos, rtner By n By: —k7o$ oC � Martin McIntyre, Director Antonio Campos, Partner Public Utilities Department GRANTLAND AVENUE L.L.C., a California Limited Liability Company APPROVED AS TO FORM: By: G E HOMES c., California Cor tion, as a ger HILDA CANTO MONTOY r City Attorney Fan Assemi, President By: cic��— Deputy SUBDIVIDER/ OWNER GRANTLAND AVENUE L. L. C., a California Limited Liability Company By: tLEH S, c., a California a r Farid Assemi, President IMAGE HOMES, Inc., a California Corporation By: r�4 - K' a aFt, C ' E ecutiv Officer B vin Mulliga�Kr si ent (Attach Notary Acknow dgmenf) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of On before me, , Date . Name and Title of Officer(e.g.," ne o Nota uRC) personally appeared N me(s)of Signer(s) ❑personally known to me–OR�oved 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),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, CHRISTINE S.UNGENFELTER executed the instrument. COMM.01380834 WTAW PUMM O cKsawuft MESNoC0UM WITNESS my hand and official seal. Comm.Exp.OCT.20 2008 . Signature o Notary lic 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 Title(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: 01994 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of On �� before me, CA 1 , Date r Name and Title of Officer(e. ,"Jae e,Not Public") personally appeared CZM./ 6� , ame(s)of Signers) ❑personally known to me–OR–Vproved 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 CHNSTINE S.UNGEWELTER same in his/her/their authorized capacity(ies),and that by COMM.8138Mt his/her/their signature(s)on the instrument the person(s), NWAWP BWe CMAK M or the entity upon behalf of which the person(s) acted, FRESNO COUNTY executed the instrument. Comm.Exp.OCT.20 2008 WITNESS my hand and official seal. ati"iZ� Yalu Signature of f4bary P c 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 Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee _ ❑ Trustee all El Guardian or Conservator ❑ Guardian or Conservator - ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: 0 1994 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1.800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of On Z��/(�� before me, eg�� � ame and Title of Officer(e.g.,"Jane DoeI', otary P ") personally appeared !/��r/ Names)of Signer(s) *ersonally 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), and that by his/her/their signature(s)on the instrument the person(s), STINES.UN or the entity upon behalf of which the person(s) acted, comm.;« TER executed the instrument. C FRESNO COUNTY WITNESS my hand and official seal. P•OCT.20,2006 e t Signature of Notary Pub li 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 Title(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: ©1994 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of ��- County of OnZ / before me, � , Date1 Name and Title of Officer(e.g.," ne Do otary Public") personally appeared s)o Si ner(s) Oersonally known tome-OR-❑proved to me on 7.M-0 esis 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), and that by CHRISTINE S.UNGENFELTER his/her/their signature(s)on the instrument the person(s), COMM.#1380834 or the entity upon behalf of which the person(s) acted, NOTARY PUBUC0CAUFoRMA FRESNO COUNTY executed the instrument. CO/M.Exp.OCT.20.2006 WITNESS my hand and official seal. Signature"of Nota blic 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 Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee El Trustee El Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: O 1994 National Notary Association-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County ofd�U On i2_1_5 2CA before me, , Dae Name and Title of Offic of(ed A a,e�, .g., ane Do otary Public") personally appeared �v Name(s)of Signer(s) /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),and that by CHFmSTINE his/her/their signature(s)on the instrument the person(s), COMM.013 TER or the entity upon behalf of which the person(s) acted, NOT�Eexecuted the instrument. SNO Comm-EXP.OCT.20 2006 WITNESS my hand and official seal. Signature of Notary P 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. 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 Title(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: 0 1994 National Notary Association-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of On �� / �� / ®� before me, h vun , Date I Name and Title of Officer(e.g.,Uane Do Notary Public") personally appeared �\`;�ldJ?�� AA4&= Name(s)of Signer(s) Wersonally 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),and that by CHFOSTINE S.UmNCENFELTER his/her/their signature(s)on the instrument the person(s), cp0 t36o83a or the entity upon behalf of which the person(s) acted, NOTARYPUBIIC.CALIFORNN executed the instrument. FRESNO COUNTY Comm.Exp.OCT.20,2006 WITNESS my hand and official seal. Signature t Notary ublic 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 Title(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: - ---------- -------- ©1994 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On December 22, 2004, before me, Elvia Sommerville, Deputy City Clerk, personally appeared Patrick Wiemiller,Assistant Director Public Utilities Department,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 CITY CLERK By� � - .Deputy 1