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Home My WebLink AboutT-5445 - Agreement/Covenant - 8/31/2006 (4) WHEN RECORDED MAIL TO: City Clerk City of Fresno Fresno Street Fres 08/30/1066,10060181591 Fresno, CA 93721-3603 NO FEE - Government Code 6103 CITY OF FRESNO O Public Utilities Department LL Solid Waste Management Division Z O 0 LU LU STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT PROVIDING SPECIAL SOLID WASTE DISPOSAL SERVICES FOR CERTAIN LOTS WITHIN THE FINAL MAPS OF TRACT NO. 5445, PHASE 2 OF VESTING TENTATIVE MAP NO. 5295 AND TRACT NO. 5446, PHASE 3 OF VESTING TENTATIVE MAP NO. 5258 Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract Nos. 5445 and 5446 Page 2 RECITALS WHEREAS, McMILLIN SUNNYSIDE RANCH, 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 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 54, 55, 56, 57, 68, 69, 70, 71 and 72, inclusive, of Tract No. 5445 according to the map thereof recorded on AUQ Lt.51 X- , 200b in Volume 22 of Plats at Page(s) �21 f'hru .2 , Fresno County Records; and Lots 22, 23, 24, 36, 37, 38, 39, 42,43, 44, 45, 68, 69, 70, 71, 73, 74 and 75, inclusive, of Tract No. 5446 according to the map thereof recorded on 2006 in Volume�, of Plats at Page(s) rr� a0 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 Nos. 5258 and 5295 were approved with conditions by the Fresno City Planning Commission on June 16, 2004; and Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract Nos. 5445 and 5446 Page 3 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 Maps of Tract Nos. 5445 and 5446, 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. 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 Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract Nos. 5445 and 5446 Page 4 street along the cul-de-sac frontages of said lots 54, 55, 56, 57, 68, 69, 70, 71 and 72 of Tract No. 5445 and said lots 22, 23, 24, 36, 37, 38, 39, 42, 43, 44, 45, 68, 69, 70 and 71 of Tract No. 5446 (c) On solid waste service days,solid waste containers shall be placed adjacent to said lot 73 along the south side of East Church Avenue for said lots 73, 74, and 75 of Tract No. 5446 (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 Nos. 5445 and 5446 Page 5 DATED: CITY OF FRESNO, COVENANTOR a Municipal Corporation McMILLIN SUNNYSIDE RANCH, LLC, a Delaware Limited Liability Company By: McMillin Management Services, LP, a California Limited Partnership, By: as Manager Rene Ramirez, Director Public Utilities Department By: Corky McMillin Construction Services, Inc., as General Partner APPROVED AS TO FORM: By: Bill Walls, Vice President JAMES C. SANCHEZ City Attorney By: Bert Almaguer, a President B . Deputy (Attach Notary Acknowledgment) State of California ) County of Tulare ) r On July 27, 2006 before me J. STURGEON DATE NAME,TITLE OF OFFICER Personally appeared BILL WALLS AND BERT ALMAGUER NAME(S)OF SIGNER(S) 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. J. ST R1 EO COMROTARY PUBLC-CALIFOFM TULARE COUWY COMaL E!Le Dec.IA=7 S NA OF THE NOTARY SUBORDINATION The undersigned is holder of the beneficial interest in and under that certain Deed of Trust recorded on January 10, 2006 , in the office of the Fresno County Recorder as Document No. 2006-0005140 of which the Deed of Trust in by and between: MCMILLIN SUNNYSIDE RANCH,LLC, a Delaware limited 1 iab. co. as Trustor, PRLAP, INC. as Trustee, and BANK OF AMERICA, national association 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 The Final Maps of Tract No. 5445, Phase 2 of Vesting Tentative Map No. 5295 and Tract No. 5446,Phase 3 of Vesting Tentative Map No. 5258. DATED: '7—2-5 -66 BENEFICIARY BANK OF AMERICA, national association By: lig V, max-• 1/� By VP (Beneficiary to print/type Name,Title and attach Notary Acknowledgement) State of California ) County of San Diego ) On July 28, 2006 , before me, Peggy J. French, Notary Public DATE NAME,TITLE OF OFFICER Personally appeared Ronald V. Montoro and Cinthya Y. Martinez , NAME(S)OF SIGNER(S) Personally known to me (orproved-to-me on the basis of evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that t=Mm/they executed the same in 1risArer/their authorized capacity(ies), and that by ttsttter/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. PEGGY J. FRENCH Coax iWon 1t 1389660 Notary Public - CaBfomia _ San Diego County Le. y Comm.Expkes Jon 8,2007 S NATURE OF THE NOTARY CLERK'S CERTIFICATION State of California) County of Fresno) On August 18. 2006, before me, Elvia Sommerville, Deputy City Clerk, 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 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 By Deputy