The URL can be used to link to this page

Home My WebLink AboutT-5310 - Agreement/Covenant - 8/2/2005 (6) WHEN RECORDED MAIL TO: City Clerk _ City of Fresno ! 06/19/��5 Z�05@144668 2600 Fresno Street Fresno, CA 93721-3603 NO FEE- Government Code 6103 CITY OF FRESNO Public Utilities Department IY Solid Waste Management Division O U- z O U W Q. STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT PROVIDING SPECIAL SOLID WASTE DISPOSAL SERVICES FOR CERTAIN LOTS WITHIN TRACT NO. 5310 Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Lots 17, 86 and 87 of Tract No.5310 Page 2 RECITALS WHEREAS, LENNAR FRESNO, 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: Lot 17, 86 and 87 of Tract No. 5310 according to the map thereof recorded in Volume 17-2 of Plats at Pages 23 90 , 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 apart of this instrument; and WHEREAS,Vesting Tentative Map No.5310 was approved with conditions by the Fresno City Planning Commission on .lune 2, 2004 by Resolution No. 12032; 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. 5310 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, normal curbside solid waste disposal services cannot be provided to the Subject Property until future development(s) extend South Apricot and/or East Lane Avenues to the north and east, respectively, to connect to the completed public street system; and WHEREAS, the Covenantor requests the City of Fresno to provide special solid waste disposal services to the Subject Property. 't Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Lots 17, 86 and 87 of Tract No-5310 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 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 owner, lessee other tenant of the residential dwelling of said Lot 87,on service days before 6:00 a.m., shall place their solid waste containers at the edge of the curb on the north side of East Lane Avenue at or about the southeastern most comer of said Lot 17. Such containers shall be placed approximately 5-feet apart and not blocking any vehicle accesses and in accordance with the City of Fresno's Solid Waste Management Division standards; alternatively, the owner, lessee other tenant of the residential dwelling of said Lot 87, on service days before 6-00 a-m., shall place their solid waste containers at the edge of the curb on the east side of South Apricot Avenue at or about the southern most comer of said Lot 86. Such containers shall be placed approximately 5-feet apart and not blocking any vehicle accesses and in accordance with the City of Fresno's Solid Waste Management Division standards. (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 orequitabie 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 Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Lots 17, 86 and 87 of Tract No.5310 Page 4 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 Lots 17, 86 and 87 of Tract No.5310 Page 5 DATED: SONE ZGt�S CITY OF FRESNO, COVENANTOR a Municipal Corporation LENNAR FRE O, Inc., a California oration By By: Ren4 R mi ez, Assis nt Director teve Lutton, Vice President Public Utilities Department APPROVED AS TO FORM: (Attach Notary Acknowledgment) HILDA CANTO MONTOY City Attomey By: Deputy ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA } COUNTY OF Fresno } On April 8, 2005 before me, Tauna Rothermel , personally appeared STEVE LUTTON ,,-�ersonally known to me o 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), an 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. rAuwtl +etsl Commisslon 91351179 z Notary Public-Callfomis . f� ---- Fresno County *conxn.EXPimagpr 13,Zoos natu (NOTARY SEAL) CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On June 10,2005,before me,Erika Leyva,Deputy-City Clerk,personally appeared Rene Ramirez, Assistant Director Public Utilities Department, 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, -KLISCH CITY By �r 41 /_ ^ a y' F , 17