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HomeMy WebLinkAboutT-5248 - Agreement/Covenant - 11/4/2005 (7) � F �f WHEN RECORDED.MAILTO: City Clerk 1LI City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 X17031200 ,20050261112 G] - W ONO FEE - Government Code 6103 ts_ U Z _ CITY OF FRESNO U 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. 5248 PHASE 2 OF VESTING TENTATIVE MAP NO. 5248 Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5284 Page 2 RECITALS WHEREAS,Sunnyside Ridge Partners II,LLC,a California Limited Liability Company, 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 12-15, 33-38, 41-46, 49-54, and 57-62, of Tract No. 5248 according to the map thereof recorded on +'n ker in Volume Q13 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, Vesting Tentative Map No. 5248, Phase 1 of Vesting Tentative Map No. 5248 , was approved with conditions by the Fresno City Planning Commission on September 15, 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. 5248, Phase 1 of Vesting Tentative Map No.5248,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 eg Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5284 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 12-15, 33-38, 41-46, 49-54, and 57-62. (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. 's .y Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5284 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. r Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract-No. 5284 Page 5 DATED:—/O/.2 5- ATED: D a5- D'e CITY OF FRESNO, COVENANTOR a Municipal Corporation SUNNYSIDE RIDGE PARTNERS ll, LLC A CALIFORNIA LIMITED LIABILITY COMPANY By: GenerationHomes, INC. A California Corporation By: Its Manager Ren R r , Assistant Jbirector Public Utilities Department By: Robert Wood, President APPROVED AS TO FORM: HILDA CANTO MONTOY City Attorney By: (Attach Notary Acknowledgment) Deputy s CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On 1al`s before me, wao , Date Name and Title%)f 01ficer(.g.,"Jane Doe,Nota)Public") personally appeared Names)of Signer(s) ❑ personally known to me proved to me on the basis of satisfactory evidence DIANE HARPER to be the person(s) whose name(s) is/are Commission#)56A5051 subscribed to the within instrument and •`� 1`40t0ty Pubile-Califomlo acknowledged to me that he/she/they executed Fresno County – the same in his/her/their authorized NMC0mm-E19UesMor26,2009 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, executed the instrument. WITNESS my hand and official.seaL Signature of Notary P 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 Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©1999 National Notary Association-9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On October 26, 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. W/TNESSmy,hand and official City Seal. REBECCA�E.�kC sm CMC-, CITY CLERK; By Deputy _,oct6t e'r26,2005(2:42pm) _ F SUBORDINATION The undersigned -as holder of the beneficial interest in and under that certain Deed of Trust recorded on April 15, 2005 , in the office of the Fresno County Recorder as Document No. 2005-008363.7 of which the Deed of Trust in, by and between: Sunnyside Ridge Partners II,LLC,a CA Limited Liability Company by Generation Homes,Inc.a CA Corporation,Manager as Trustor, Financial Title _ as Trustee, Housing Capital Company as Beneficiary, hereby expressly subordinates said Deed of-Trust and its beneficial interest thereto to the 14_ \ -CIJ foregoing Statement of Covenants Affecting Land Development �� U �hC Tract Map No. 5248, Phase a of Vesting Tentative Map No. 5248. DATED: October 7 20 05 BENEFICIARY By: Housing Capital Company By- Geraud Smith, Vice President (Beneficiary to print/type Name, Title and attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of �1C.:� On `�� � s before me, � V, Me (� Name and Title of Officer(e.g.,"Jane Doe,Not Pu lic") - personally appeared �t �, && Name(s)of Signer(s) Xersonally known to me ❑ proved to me on the basis of satisfactory DIANE HARPER evidence Commmlon,*1564505 Notary Public�California to be the person(s) whose name(s) is/are Fresno county subscribed to the within instrument and My comm.Exp wMar26. 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, executed the instrument. WITNESS my hand and official seal. Signatureor 140tary 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 Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©1999 National Notary Association•9350 De Soto Ave.,P.O-Box 2402•Chatsworth,CA 91313-2402•w .NationalNotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on April 15, 2005 in the office of the Fresno County Recorder as Document No. 2005-0083637 of which the Deed of Trust in, by and between: Sunnyside Ridge Partners II,LLC,a CA Limited Liability Company by Generation Homes,Inc.a CA Corporation,Manager , as Trustor, Financial Title as Trustee, Housing Capital Company as Beneficiary, i; 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 for Certain Lots within Tract Map No. 5248, Phase 2 of Vesting Tentative Map No. 5248. DATED: October 7 20 05 nNy unnyside oject, LLC By: Granvil a Management By: Farid Assemi, President (Beneficiary to print/type Name, Title and attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On b La ' before me, D e Name nd Title of Officer(Ag.,"Jan Doe,Notary Public") personally appeared �� 'X`n� , Name(s)of Signer(s) XPersonally known to me Oroved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are Asubscribed to the within instrument and DIANE HARPER 1564505 acknowledged to me that he/she/they executed Commission _- -CaH CaNforNa��Public � the same in his/her/their authorized snoC capacity(ies), and that by his/her/their Fre My Cam.snoCountyExom Mor 26,24signature(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 sea. Signature of Notary P b 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 Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827