HomeMy WebLinkAboutT-5268 - Agreement/Covenant - 3/9/2007 (3) j WHEN RECORDED MAIL TO:
City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603
NO FEE -Government Code 6103
0211512007.20070032891
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STATEMENT OF COVENANTS AFFECTING LAND
DEVELOPMENT PROVIDING SPECIAL SOLID WASTE
DISPOSAL SERVICES FOR CERTAIN LOTS WITHIN THE FINAL
MAP OF TRACT NO. 5268
Statement of Covenants Affecting Land Development
Providing Special Solid Waste Disposal Service
Certain Lots Within Tract No. 5268
Page 2
RECITALS
WHEREAS, COPPER RIVER SOUTHWEST, INC., a California Corporation, 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 111, 112, 113, 114, 139, 193, 194, 195, 229 and 230 of Tract No. 5268 according
to the map thereof recorded on Er_b1-( e)t-u 200-7 in Volume
of Plats at Page(s) 75 J'hrU 9 1 , 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. 5268 was approved with conditions by the Fresno
City Planning Commission on March 1, 2006; 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. 5268, 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. 5268
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 the Subject Property.
(c) The Covenants, Conditions and Restrictions (CCBR) 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
Statement of Covenants Affecting Land Development
Providing Special Solid Waste Disposal Service
Certain Lots Within Tract No. 5268
Page 4
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. 5268
Page 5
DATED: /0
/7
CITY OF FRESNO, COPPER RIVER SOUTHWEST, INC.,
a Municipal Corporation a California Corporation
By:
Christine LnteAssistant Secretary
By:
Rene Ramirez, Director (Attach Notary Acknowledgment)
Public Utilities Department
lok—
APPROVED AS TO FORM:
JAMES C. SANCHEZ
City Attorney
B'
Deputy
COVENANTOR
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of F r e5rt O
OnICA A U 0 Z, before me, Lri' -Hnp, Com. �o�2�z�Iyr�fQry �u�li� ,
D toJc'
//11 Name and Title of Officer(e.g.,�ane Doe,Notary Publi
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personally appeared h rl,5:Ht7 eoQP�I+Y,y
Name(s)of Signer(s)
ik�personally known to me
❑ 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
COMCRISTI on# 1552LOPEZ authorized capacity(ies), and that by his/her/their
a Notary
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# 1552075 signature(s) on the instrument the person(s), or the
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' Fresno County '- entity upon behalf of which the person(s) acted,
MV Comm.Expires Feb 12,2oos executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above
�3 g of Notary 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(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ GeneralElPartner—ElLimited ElGeneral
NINE 011100"
El Attorney in Fact Top of thumb here El Attorney in Fact .Top of thumb here
El Trustee El Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
0 2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-600-676-6827
CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO)
On February 7. 2007, before me, Elvia Sommerville, Deputy City Clerk. City of Fresno,
personally appeared, Robert N. Andersen, Assistant 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 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.
REBECCA E. KLISCH
CITY CLERK, CMC
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By
Deputy
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SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed
of Trust recorded on Fe-f)Wn('U /,5- , 20�2Z, in the office of the Fresno County Recorder,
as Document No. , 1X6 7 -00.3,2ZR,5 of which the Deed of Trust in, by and between
4 a � �- as Trustor,
a's"frustee and
VX 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
Services for Certain Lots Within the Final Map of Tract No. 5268.
DATED: vZ
BENEFICIARY
By:
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Copper fiver Det.�llapr�r ��� ,
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(Beneficiary to print/type document information,
Name, Title and attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of F!'Q5y c�
On � N 200, before me, C/js4i��� �_Z, lbo "6w(4 i9u
ate Name and Title of Officer( .g.,"Jane Doe,Notary Pu is")
personally appeared j)A,^/"5 /455614t4,
Name(s)of Signer(s)
[ii/personally known to me
❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed
cR15nNAG.LOPEZ to the within instrument and acknowledged to me that
Commission#1552075 he/she/they executed the same in his/her/their
-� Notary Public-California authorized capacity(ies), and that by his/her/their
• Fresno County signature(s) on the instrument the person(s), or the
MY Comm.Expires Feb 12,2009 entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above Le:�Lh c�
Signature of Notary 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(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General
❑ Attorney in Fact Top of thumb here ❑ Attorney in Fact W. .
❑ Trustee ❑ Trustee Top of thumb here
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
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0 2004 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402 Item 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 ] [_Ct bfr .50 , 2004 , in the office of the Fresno County Recorder,
as Document No.OZG�'`f' �Zqf l�9 of which the Deed of Trust in, by and between ,
Co �7j iycr le vel o rnen�-corn IA &/ ' rb �r Q rtor, hGasstor,
le COM jrV, l 01 rat 47Gn, as Trustee and
Com an j a m O'�A1 , 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
Services for Certain Lots Within the Final Map of Tract No. 5268.
DATED: JQ nuarZ z4L a'DD7
BENEFICIARY
By: J
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Mous%� Gz, 7LO-j c migah it a�
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By:
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(Beneficiary to print/type document information,
Name, Title and attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of e_511
On a n uA. a C290 .200, before me, bib-W r"a_ G,. �WL_ /UV+4,•-u Pg (,�_,
Date Name and Title of Officer e.
( g.,"Jan's Doe,Notary Public")
personally appeared T>,wy� C,. L,0� keY- ,
Name(s)of Signer(s)
personally known to me
❑ 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
calstlw►G.LOPEZ he/she/they executed the same in his/her/their
Commisslon# 1552075 authorized capacity(ies), and that by his/her/their
-� Notary Public-California signature(s) on the instrument the person(s), or the
Fresno county - entity upon behalf of which the person(s) acted,
My Comm.Expires Feb 12,200911
executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above 4-(� ) L
Signature of Notary 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(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—El Limited El General ❑ Partner—❑ Limited ❑General
❑ Attorney in Fact Top of thumb here ❑ Attorney in Fact Top of thumb here
El Trustee ElTrustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
0 2004 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827