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HomeMy WebLinkAboutT-5281 - Agreement/Covenant - 3/15/2005 (5) � WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 031i11Z005,x005005503 CITY OF FRESNO Public Utilities Department Solid Waste Management Division P.W. File No. 10654 O U- Z O v STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT W Cn PROVIDING SPECIAL SOLID WASTE DISPOSAL SERVICE FOR 9 CERTAIN LOTS WITHIN TRACT NO. 5281, PHASE 3 OF VESTING Q. TENTATIVE MAP NO. 5189 f � 1 1„ Statement of Covenants Affecting Land Development Special Solid Waste Disposal Service Requirements Page 2 RECITALS WHEREAS, McMillin Colby Park, 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 Califomia, 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 1, 2, 3, 14 through 19, inclusive, and 43 of Tract No. 5281 according to the map thereof recorded on DJZ a _, 20 ©� in Volumeof Plats at Page(s) i e Z 4!5)O 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.5189 was approved with conditions by the Fresno City Planning Commission on October 15, 2003 by Resolution No. 11909; and WHEREAS, the conditions of approval of said Tentative Map requires the City of Fresno to provide solid waste disposal services; and WHEREAS,the design of the Final Map of Tract No. 5281 incorporates incomplete street segments and cul-de-sacs which 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 Statement of Covenants Affecting Land Development Special Solid Waste Disposal Service Requirements Page 3 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 forthe 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 and as follows: (1) Lots 14 through 19,inclusive). On solid waste service days,there shall be no parking of vehicles in the street along the cul-de-sac frontages. (ii) Lots 1 and 43. On solid waste service days,solid waste containers shall be placed adjacent to Lot 43 along the north side of East Dayton Avenue east of North McArthur Avenue. (iii) Lots 2 and 3. On solid waste service days, solid waste containers shall be placed adjacent to Lot 3 along the west side of North McArthur Statement of Covenants Affecting Land Development Special Solid Waste Disposal Service Requirements Page 4 Avenue, south of the centerline of East Dayton Avenue. (b) 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 orequitable means againstthe Covenantorand such person orpersons 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. J Statement of Covenants Affecting Land Development Special Solid Waste Disposal Service Requirements Page 5 DATED: AAA614 3A 2,00S CITY OF FRESNO, COVENANTOR a Municipal Corporation McMillin Colby Park, LLC, a Delaware Limited Liability Company By Marti In re, Dire r By: McMillin Management Services, L.P., ublic Utilities Depa ent a California Limited Partnership, as General Partner By: Corky McMillin Construction Services, Inc., a California Corporation, as General Partner APPROVED AS TO FORM: HILDA CANTU MONTOY City Attorney By: J eal ecutive Vice President By: By: Deputy Jim W. obinson, Vice President (Attach Notary Acknowledgment) covenant Special soca waste Disposal JB+AK 01-24-05 * * * * * * * * * * * * * * * STATE OF CALIFORNIA) ss. COUNTY OF TULARE ) On February 1, 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 instrument. WITNESS my hand and official seal J. STURGEON COMM. 1454944 NOTARY PUBLIC-CAUFMIN TULARE COUD(tY :; COIIra DNo. a7 NOTARY SIGNATU SEAL 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. WITNESS my hand and official City Seal. REBECCA E. KL ISCH, CMC CITY CLERK 0 By p � Deputy March 3,2005(4:06pm) Tract No. 5281-UGM P.W. File No. 10654 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on February 5, 2004, in the office of the Fresno County Recorder, as Document No. 2004-0026967 and that certain Deed of Trust recorded on July 2, 2004, in the office of the Fresno County Recorder, as Document No. 2004-0146503, of which the Deed of Trust in by and between MCMILLIN COLBY PARK, LLC, a Delaware Limited Liability Company, as Trustor,First American Title Insurance Company, as Trustee and INDYMAC BANK, F.S.B.,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 Tract No. 5281. DATE: BENEFICIARY: INDYMAC BA S.B. By: �. By:�.(U II, LV "Cd e '7 ,k)Dl3 5, C-613k, AST -SEP-y wpm" CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Los �}NCrEL�5 On FEB 17 2W_-67 beforeme, C. F`D,e.ES , AA/QZ4k IU'A ate Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared Lc-5.42 OkW/06 AM-b S. Calk. 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) A'/are E. FLORES subscribed to the within instrument and Cmvr,wm#1402748 acknowledged to me that helghe/they executed Notary AJW - Cdlfornla _ the same in .hisAwatheir authorized Los Angeles County capacity(ies), and that by h44her/their C Myomm Fxriresfeb28.2007 signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my n and official seal. Sign 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: Nu r of Pages: Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s ❑ Partner — ❑ Limited eneral ❑ Attorney-in-Fact ❑ Trustee ❑ Guardi r Conservator ❑ Ot : Signer is Representing: 0 18Q8 NNbrW Notary AnooMon•8350 De Soto Ave.,P.O.Box 2402•Chateworth,CA 91313-2402•www.natimaMtary.org Prod.No.5907 Reorder:Call Toll-Free 1.804876.6(127