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Home My WebLink AboutT-5251 - Agreement/Covenant - 8/7/2006 (3) X WHEN RECORDED MAIL TO: IIII III III I III II II IIII III I II IIII 111 I IIII I IIII FRESNO CountyIIII Recorder City Clerk Robert C, Werner City of Fresno DOC— 2006-014@615 2600 Fresno Street Acct 8-stewart Tltl• Of Fresno County Fresno, CA 93721-3603 Thursday, JUL 06, 2006 08:00:00 Tt 1 Pd $6.66 Nbr-0002228619 NO FEE-Government Code 6103 RGR/R4/2-10 CITY OF FRESNO Public Utilities Department Solid Waste Management Division STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT PROVIDING SPECIAL SOLID WASTE DISPOSAL SERVICES FOR CERTAIN LOTS WITHIN FINAL MAP OF TRACT NO. 5251 Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5251 Page 2 RECITALS WHEREAS, SUMMERTON HOMES 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 61 through 64, inclusive, of Tract No. 5251 according to the map thereof recorded on � J III h , 20V in Volume 76 of Plats at Page(s) ,?I/ ,A .2S- 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. 5251 was approved with conditions by the Fresno City Planning Commission on March 23, 2005; 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. 5251,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. Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5251 Page 3 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 61 through 64. (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 I Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5251 Page 4 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. 5251 Page 5 / // DATED:_To l�� If CITY OF FRESNO, COVENANTOR a Municipal Corporation SUMMERTON HOMES LLC, A California Limited Liability Company 1 By: By: ReneARaMnirei,interii Dir ctor Todd Bender, Chief Executive Officer Public Utilities Department APPROVED AS TO FORM: JAMES C. SANCHEZ Interim City Attorney f By: (Attach Notary Acknowledgment) Deputy i i State of California County of On d beefM h (' 11J,t loub) 1-personally appe red personally known to me ( ) to be the person(s) whose name(s) is/a*e subscribed to the within instrument and acknowledged to me that he/shhey executed the same in his/ heir authorized capacity(ies), and that by his/heq.their signature(s) on the instrument the person(s), or the entity upon behalf of which the perso sted, executed the instrument. WITNE S m Irnd and official seal. Signature al) f w NOTARY SEAL CLARIFICATION PAGE I certify under penalty of perjury that the "Notary Seal" on the document to which this statement is attached reads as follows: Name of Nota Commission #: 610 y g Date commission expires: &ugh Place of execution: 42 KA t� Date:—6 Signature(Firm N me if any) (Gov't.Code,Sec 27361.7) ' I SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on _ l �P , ��d�P , in the office of the Fresno County Recorder as Document NoAn()500SLky 3 of which the Deed of Trust in by and between: sumr'-W-K-� i � as Trustor, as Trustee, and Co!: n� 6aA , as 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. 5251. DATED: S C) BENEFICIARY �C Ed Rocha President / COO (Beneficiary to print/type Name and Title; and attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California I ss. County of On Y1'1 P� 3 I r ��L� before me, J Date Name and Title of Officer(e.g.."Jarilb Doe,Notary PW1Ij " personally appeared Name(s)of Signer(s) ersonally known to me proved to me on the basis of satisfactory evidence 5t be the person* whose names), is/atte subscribed to the within instrument and SANDRA M.GREENE acknowledged to me that he/We/they executed .. COMM.#1395521 the same in his/her4th�r authorized m NDTA rueuc•cnrFom ca a c i t y �nc�ocourmr p y(ie and that b his/he�/tFleir_ • M1r.cen.o.Ew:e:Jml.��.zom signature the instrument the person(s),�or the entity upon behalf of which the personO acted, executed the instrument. I I WITNESrS my hand and official$eal. Place Notary Seal Above Signature of Notary Public I' l OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. I i Description of Attached Document Title or Type of Document:t Z4 ci ' �2 k',2�- �f C v`•ra i�V 7 (� L I`�-� S�.[ t�'l! �,r•-:5ft�c�, I Document Date: V l L,� � ��k� <- umber of Pages: 7 I Signer(s) Other Than Named Above: �� Er ► — �i% `3+� I� I Capacity(ies) Claimed by Signer, Signer's Name: f-•i I� G dividual J� J Top of thumb Here �I corporatef Y't Si Cl r�-f C. Officer—Title(s): �- i ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator I ❑ Other: I I Signer Is Representing: I: I 0 1999 National Notary Association•9350 De Solo 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) On June 21, 2006, before me, Elvia Sommerville, Deputy City Clerk, personally appeared, Rene Ramirez, Public Utilities Director, 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 be 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, executed the instrument. WITNESS my hand and official seal. REBECCA E. KLISCH CITY CLERK, CMC 0 By Deputy