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Home My WebLink AboutT-5258 - Agreement/Covenant - 12/13/2005 (5) WHEN RECORDED MAIL TO: IIII III III I III II II IN 11111111111111 IN I 11111111 FRESNO County Recorder City Clerk Robert C. Werner City of Fresno DOC— 2005-0154619 2600 Fresno Street Acet 5-First American Title Insurance Company Fresno, CA 93721-3603 Tuesday, JUL 12, 2005 08:00:00 Tt 1 Pd $0.00 Nbr-0001881446 RGR/R7/2-9 NO FEE-Government Code 6103 CITY OF FRESNO Public Utilities Department Solid Waste Management Division P.W. File No. 10746 STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT PROVIDING SPECIAL SOLID WASTE DISPOSAL SERVICES FOR CERTAIN LOTS WITHIN TRACT NO. 5258, PHASE 1 OF VESTING TENTATIVE MAP NO. 5258 Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5258 Page 2 RECITALS WHEREAS, McMILLIN SUNNYSIDE RANCH, LLC, a Delaware 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 5 and 6, Lots 48 through 52, inclusive, Lots 78 through 81, inclusive, and Lots 88 through 91, inclusive, of Tract No. 5258 according to the map thereof recorded on JU/v /a. , 2066 in Volume 73 of Plats at Page(s) 7Fl�ru 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.5258(Tentative Map)was approved with conditions by the Fresno City Planning Commission on June 16, 2004; and WHEREAS, the conditions of approval of the Tentative Map require the City of Fresno to provide solid waste disposal services; and WHEREAS, the Phase 1 design of the Final Map of Tract No. 5258 (Map), 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 Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5258 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) Cul-De-Sac Lots. 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/or 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 Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5258 Page 4 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. 5258 Page 5 DATED: `- CITY OF FRESNO, COVENANTOR a Municipal Corporation McMILLIN SUNNYSIDE RANCH, LLC., a Delaware Limited Liability Company By: McMillin Management Services, LP, a California Limited Partnership, By as Manager Ree ami ez, Assistant irector Pu lic Utilities Departm By: Corky McMillin Construction Services, Inc., as General Partner APPROVED AS TO FORM: :.2 --�-- By: .( J -p A. kcal, ive Vice President HILDA CANTO MONTOY City Attorney By: Jim Vt. Robinson, Vice President By: Deputy (Attach Notary Acknowledgment) jb+ak 06-01-05 STATE OF CALIFORNIA) ss. COUNTY OF TULARE ) On June 6, 2005, before me, the undersigned, a notary public for the state, personally appeared JOSEPH A. LEAL AND JIM W.ROBINSON 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 his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s), or the entity behalf of which the person(s) acted, executed the instrument27 WITNESS my hand and official seal J. STURGEON COMM. 1454944 NOTARY PU3:IC-CALIFORM1 TULARE COUNTY My Comm.Expires Det 25,2= NOTARY SIGNATURE SEAL 3 I 1. CLERK'S CERTIFICATION STATE OF CALIFORNIA ) CO LINTY OF FRESNO ) CITY OF FRESNO ) On July 6,2005, 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. WITNESSmy hand-and official City Seal. REBECCA E. KL ISCH, CMC CITY CLERK 0 O By Deputy July 6,2005(3:OOpm) s, Tract No. 5258 P.W. File No. 10746 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on December 28, 2004 , in the office of the Fresno County Recorder as Document No. 2004-0288618 of which the Deed of Trust in by and between: MCMILLIN SUNNYSIDE RANCH, LLC, a Delaware Limited Liability Company as Trustor, PRLAP, INC. , as Trustee, and BANK OF AMERICA,NATIONAL ASSOCIATION , 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. 5258, Phase 1 of Vesting Tentative Map No. 5258. DATED: BENEFICIARY BANK OF AMERICA, NATIONAL ASSOCIATION BY: RO/,/A LQ �' MO"'1'0ROR. V1 GF pit G.rpI�f vr' B Y: C/aRLq /i. WfccSI S'R. V ISE PRf CI.DEMT (Beneficiary to print/type document information,Name and Title;and attach Notary Acknowledgment) K Acknowledgment STATE OF CALIFORNIA } } ss . COUNTY OF SAN DIEGO } On June 8, 2005 before me, Peggy J. French, Notary Public, personally appeared RONALD V. MONTORO and CARLA A. WELLS, personally known to me or proved to me on the basis of satisfactory evidence to be the persons whose name. are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal . Peggy J. French PEGGY J. FRE— N--C�'H"' Notary Public in and for said Commissionar 1389660, Notary Public - County and State San Diego county MyMy Commission Expires :January . 8, 2007 MyCo n Di y Commission #1389660 xplresJon8,2007