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Home My WebLink AboutT-5406 - Agreement/Covenant - 7/31/2006 (3) I • WHEN RECORDED MAIL TO: IIII III III I III II II IIII I II IIII III III I IIII I VIII I II FRESNO County Recorder Robert C. Werner City Clerk DOC— 2006-0135927 City of Fresno Acct 7-North American Title Company Inc. 2600 Fresno Street Thursday, JUN 29, 2006 08:00:00 Fresno, CA 93721-3603 TtI Pd $0,00 Nbr-0002223000 RGR/R4/1-7 NO FEE-Government Code 6103 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. 5406 Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Lots 78-81 of Tract No.5406 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: Lots 78 through 81, inclusive of Tract No. 5406 according to the map thereof recorded in Volume r)4a of Plats at Pages // A,-u 15 Document No.,2(y)c')- G�J.�S 9 �/ , 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. 5406 was approved with conditions by the Fresno City Planning Commission on April 20, 2005 by Resolution No. 12203; 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. 5406 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. 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 Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Lots 78-81 of Tract No.5406 Page 3 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 residential dwellings on service days before 6:00 a.m. for Lot 79 shall place their solid waste containers at the edge of the curb on or about the Southeast property line and in front of Lot 78 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 owners, lessees other tenants of the residential dwellings on service days before 6:00 a.m. for Lot 80 shall place their solid waste containers at the edge of curb on or about the West property line of and in front of Lot 81 approximately 5-feet apart and not blocking any vehicle accesses and in accordance with the City of Fresno's Solid Waste Management Division standards. (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 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. J Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Lots 78-81 of Tract No.5406 Page 4 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. d. , Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Lots 78-81 of Tract No.5406 Page 5 DATED: D 41e ZYl—ox CITY OF FRESNO, COVENANTOR a Municipal Corporation LENNAR FRESNO, INC., A California Corporation i 1 By. By: Reeami ez, Interim Director St Lutton, Vice President Public tilities DepartWent APPROVED AS TO FORM: JAMES C. SANCHEZ Interim City Attorney By: (Attach Notary Acknowledgment) e t f ACKNOWLEDGMENT State of California County of Fresno on May 25,2006 before me, Alan T. Nelson, Notary Public ------ (here insert name and title of the officer) personally appeared---Steve Lutton ---—------------------------------------------------------ -------------------------------------------------------- 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. #`60�� Nowry Public-caPoma Frew county r Signature MVC0M .60MMug19' -------------- - - - - - - (Seal) CLERK'S CERTIFICATION State of California) County of Fresno) On June 15, 2006, before me, Elvia Sommerville, Deputy City Clerk, personally appeared, Rene Ramirez, Interim 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 e By Deputy