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Home My WebLink AboutT-5262 - Agreement/Covenant - 3/3/2005 (4) WHEN RECORDED MAIL TO: a City Clerk City of Fresno _ CM 2600 Fresno Street 12/14/100 42004 Fresno, CA 93721-3603 0278801 U ® NO FEE -Government Code 6103 V CITY OF FRESNO Public Utilities Department Solid Waste Management Division P.W. File No. 10675 STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT PROVIDING SPECIAL SOLID WASTE DISPOSAL SERVICES FOR CERTAIN LOTS WITHIN TRACT NO. 5262 Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5262 Page 2 RECITALS WHEREAS, McMILLIN RUSTIC OAKS, 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 23, 24, 25, 30, 31, 32 and 33 of Tract No. 5262 according to the map thereof recorded on -rgMhf',r 14 , 20Oy in Volume f of Plats at Page(s) ]�JicU �9 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,Vestinglentative Map No.5262(Tentative Map)was approved with conditions by the Fresno City Planning Commission on April 21, 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. 5262, 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 IR 1 Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5262 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 23, 24 and 25, said Lots 30, 31, 32 and 33. (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. 5262 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. 5262 Page 5 DATED: O CITY OF FRESNO, COVENANTOR a Municipal Corporation McMILLIN RUSTIC OAKS, LLC a Delaware Limited Liability Company By: McMillin Management Services, L.P. a California Limited Partnership as Manager ByZ'f--�z By: Corky McMillin Construction Services, Inc. Martin McIntyre, Director a California Corporation Public Utilities Department as Ge Partner By: APPROVED AS TO FORM: Jo ep eKiresident tive Vi HILDA CANTO MONTOY City Attorney Jim r Robinson, Vice President B puty (Attach Notary Acknowledgment) K:\Louisr\FT 5262\FT5262 Covenant Special Solid Waste Disposal v07-02-04.wpd Lr 09/28/2004 STATE OF CALIFORNIA) SS. COUNTY OF TULARE ) On October 11, 2004, 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 instrument. - - - - - - - - - - - - - - - - ------- WITNESS my hand and official seal J. STURGEON COMM. 1454944 NOTARY PUBLIC-CALIFORNIA TULARE c0UNTY My Comm.ESI=Deo.88,= NOTAR SIGNA URE SEAL CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On December 3,2004, before me, Elvia Sommerville, Deputy City Clerk, personally appeared, Martin McIntyre,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 � o By &1 � Deputy _December-J;2004(8:51am) Tract No. 5262/Non UGM P.W. File No. 10675 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on August 11, 2004, in the office of the Fresno County Recorder as Document No. 2004-0175652 of which the Deed of Trust in by and between : McMillin Rustic Oaks, LLC, a Delaware Limited Liability Company as Trustor, Unionbancal Mortgage Corporation, a California Corporation as Trustee, and Union Bank of California, N.A., 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 for Certain Lots Within Tract No. 5262. DATED: �'�-•��( BENEFICIARY Union Bank of California, N.A. By: James Nigro By: Vice Preside'"' i Certificate Of Acknowledgment State of California ) County of San Diego ) On November 2, 2004 before me, Robin L. Melanson , a Notary Public for the State of California, personally appeared James Nigro , personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (Seal) ROBIN L.MELANSON 20�3 commission 01M"74 Signature No"Putft-Ca wr" San Diego county 10MY comm.Expires Feb 25,2006