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Home My WebLink AboutT-5265 - Agreement/Covenant - 3/30/2005 (4) r WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 0311612005,20050058580 NO FEE-Government Code 6103 CITY OF FRESNO Public Utilities Department Solid Waste Management Division P.W. File No. 10689 c O U. Z O V w Q w a STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT PROVIDING SPECIAL SOLID WASTE DISPOSAL SERVICES FOR CERTAIN LOTS WITHIN TRACT NO. 5265 t Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5265 Page 2 RECITALS WHEREAS, Concord Development Co. 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 4, 5, and 6 of Tract No. 5265 according to the map thereof recorded on AAnrci, go , 20 in Volume !2 1 _of Plats at Page(s) d- ,HOZ 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.5265(Tentative Map)was approved with conditions by the Fresno City Planning Commission on March 3, 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.5265,filed pursuant to said Tentative Map, affects the accessibility to the Subject Property and prevents normal curbside solid waste x Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5265 Page 3 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 4, 5, and 6. (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 S Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5265 Page 4 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. 5265 Page 5 DATED: M4461o' 2Od((- CITY OF FRESNO, COVENANTOR a Municipal Corporation Concord Development Co. LLC a California Limited Liability Company I OK By. By Ali A ghaddam, General Partner Marti n e, Direct Public Utilities Department T By: APPROVED AS TO FORM: Alireza Najjaran, General n HILDA CANTO MONTOY City Attorney By: Deputy (Attach Notary Acknowledgment) JB+ak 01-11-05 NOTARY ACKNOWLEDGMENT STATE OF CALIFORNIA }ss COUNTY OF FRESNO } On January 25, 2005 , before me, Teresa Bowland , a Notary Public in and for said State, personally appeared All Alavi Moghaddam and Alireza Najjaran, 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) acted, executed the instrument. WITNESS my hand and official seal. SignatureAq TERESA BOWLAND COMM.#-1295'797 F— NOTARYM UC.QAtFOW FFM O COMY Cance 600 Mer.2,2005 (This area for official notarial seal) OPTIONAL: DESCRIPTION OF ATTACHED DOCUMENT NOTARY2.DOT(Rev 3/45) CLERK'S CERTIFICATION STATE OF CALIFORNIA COUNTY OF FRESNO CITY OF FRESNO ) On March 3,2005, 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/TNESS my hand and official City Seal. REBECCA E. KL ISCH, CMC CITY CLERK By ^JJ�f n J Deputy March 3,2005(3:59pm) Tract No. 5265 P.W. File No. 10689 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on February 10, 2004 , in the office of the Fresno County Recorder as Document No. 2004-0030541 of which the Deed of Trust in by and between: Concord Development Co. LLC, a California Limited Liability Company as Trustor, First American Title Compare , as Trustee, and Housing Capital Company. a Minnesota Partnership , 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. 5265. DATED: 2- TRUSTEE or BENEFICIARY 6 e,^a -oa By: By: (Trustee/BeWciary to printItype Name and Title;and attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF California )SS COUNTY OF FRESNO ) On February 8,2006 before me, Allison L.Moore personally appeared Geraud Smith 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) acted,executed the instrument. WITNESS±mo aapd, fficial Am E 741 NIA'�,.— Signature FRESNO008 This area for official notarial seal. OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below,doing so may prove invaluable to persons relying on the documents. ❑ INDMDUAL ❑X CORPORATE OFFICER(S) TITLES)Vice-President ❑ PARTNER(S) ❑ LiMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: Housing Capital Corporation Name of Person or Entity Name of Person or Entity OPTIONAL SECTION Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE Reproduced by First American Title Insurance 1/2001