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Home My WebLink AboutT-5343 - Agreement/Covenant - 2/27/2006 (5) WHEN RECORDED MAIL TO: r City Clerk 15; . City of Fresno .X� 1U 2600 Fresno Street Fresno, CA 93721-3603 t� ,. Ck:: CX �— 021��12�b06,20060038i25 F p NO FEE- Government Code 6103 tj. c5 C C-') CITY OF FRESNO Public Utilities Department Solid Waste Management Division STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT PROVIDING SPECIAL SOLID WASTE`,DISPOSAL SERVICES FOR CERTAIN LOTS WITHIN TRACT NO. 5343 PHASE 2 OF VESTING TENTATIVE MAP NO. 5233 Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5343 Page 2 RECITALS WHEREAS,BN 5233 L.P.,A CALIFORNIA LIMITED PARTNERSHIP, 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 1 thru 3 , 42 thru 46, 51 thru 55, 60 thru 64, and 69 thru 73 of Tract No. 5343, Phase 2 of Vesting Tentative Map No. 5233 according to the map thereof recorded on FGhruG r! Q,3 , 2004, in Volume r741 of Plats at Page(s) .59 Ithru 6k='A- , 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, Tract Map No. 5343, Phase 2 of Vesting Tentative Map No. 5233 was approved with conditions by the Fresno City Planning Commission on December 17, 2003; 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. 5343, Phase 2 of Vesting Tentative Map No.5233,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. k. Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5343 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 said Lots 42 thru 46, 51 thru 55, 60 thru 64, and 69 thru 73 (c) The owners, lessees other tenants of the residential dwellings on service days before 6:00 a.m. for Lots 1 and 2 shall place their solid waste containers at the edge of curb on or about the north property line of and in front of Lot 2 and Lot 3 approximately 5-feet apart and not blocking any vehicle accesses and in accordance with the City of Fresno's Solid Waste Management Division standards. Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5343 Page 4 (d) 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 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. 5343 Page 5 DATED: 1z 4(0 CITY OF FRESNO, a COVENANTOR a Municipal Corporation BN 5233 L. P. a California Limited Partnership By: Bonadelle Homes, Inc. a CaliforniaCor on as General P rtner By: Rene f a ez, Assistant Dir ctor — Public Utilities Department By: Jo A. Bonadelle, President APPROVED AS TO FORM: HILDA CANTO MONTOY City Attorney By: Deputy (Attach Notary Acknowledgment) STATE OF CALIFORNIA, COUNTY OF Fresno } S.S. On January 10, 2006 , before me, Anna M. Renna . a Notary Public ' , personally appeared John A Bonadelle personally known to me ( FOR NOTARY SEAL OR STAMP to be the person whose name is/are-subscribed to the within instrument.and acknowledged to me that he/s4eA4ey executed the same in his/her/tftr authorized capacity(ies , and that by his/heTlMr, ,•►"►"'o ANNA M.RENNA signature( on the instrument the person( ), or V COMM.#1433198 a Y, NOTARY PUBLIC- "ORNIA a�i� the entity upon behalf of which the person(p H FRESNO COUNTY ^' acted, executed the instrument. 4 Niyc°mm.E�'Auo'3o'2�7 WITNESUm�y d and officia eal. y�,lSignatur STATE OF CALIFORNIA, COUNTY OF On , before me, a Notary Public in and for said County and State, personally appeared personally known to me (or proved to me on FOR NOTARY SEAL OR STAMP 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. Signature TE 160 Legal(2-94) This form is furnished by Chicago Title Company Final Tract No. 5343 P.W. File No. 10798 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on Nay 18, 2004 , in the office of the Fresno County Recorder as Document No. 2004-0109049 of which the Deed of Trust in by and between: BN5233, L.P. as Trustor, . Chicago Title Company as Trustee, and California Bank & Trust , 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 Services for Certain'Lots Within No. 5343, Phase 2 of Vesting Tentative .Tract Map No. 5233. DATED: January 17, 2006 W Richard ino, Sr. Vice President California Bank & Trust (Beneficiary to print/type Name,Title and attach Notary Acknowledgment) .STATE OF CALIFORNIA, COUNTY OF Fresno } S.S. On January 17, 2006 , before me, Anna M. Renna a Notary Public-io amel MI Sen tj mid Sists,Public-'o personally appeared Richard J. Audino personally known to me. Q xxpmve&i >=x= =aX:1�1SMx0fCx apd�ACxQN'J� to be FOR NOTARY SEAL OR STAMP the person(s) whose name(z) is/am subscribed to the within instrument and acknowledged to me that he/GEi' y.executed the same in his/Pa XthU authorized capacity(it§), and that by his/bCeVXM;W signature(s) on the instrument the person(s), or ANNA M.RENNA the entity upon behalf of .which the person(s) y F COMM.#1433198 O acted, executed the instrument. NOTARYPUBLIC FRESNOC OU RNIA N • My Comm.Exp.Aug.30,2007 WITNESS my hand and o i ial se I Signature i CLERK'S CERTIFICATION State of California) County of Fresno) City of Fresno) On February 1, 2006, before me, Elvia Sommerville, Deputy City Clerk, personally appeared, Rene Ramirez, 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 be 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 0 o By ►>> Deputy