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Home My WebLink AboutT-5455 - Agreement/Covenant - 2/7/2006 (4) ■ 4 WHEN RECORDED MAIL TO: ��Y� �01/01/1006,10060013798� City Clerk lI City of Fresno `# 2600 Fresno Street F" Fresno, CA 93721-3603 M a M o NO FEE - Government Code 6103 0 Z OCITY OF FRESNO 0 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. 5455 Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5455 Page 2 RECITALS WHEREAS, EUROPEAN GROVE AT FIG GARDEN III, LP, 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 160 thru 162, 196 thru 198, and Outlots 'B', 'H',and'I', of Tract No. 5455 according to the map thereof recorded on , 20__(( in Volume of Plats at Pages) 51 ]!�bru Ley 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. 5455 was approved with conditions by the Fresno City Planning Commission on May 4, 2005; 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.5455,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. 7 Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5455 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 160 thru 162, 196 thru 198, and Outlots 'B', 'H', and T. (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 ■ r - Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5455 Page 4 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. h Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5455 Page 5 / DATED: ® / CITY OF FRESNO, COVENANTOR a Municipal Corporation EUROPEAN GROVE AT FIG G RDEN 111, LP a California Limited Partner p V, K C. By: European Grove at Fig arden Inc., By: a alifornia Co o fon, Re411, t , Assistant D ector as a eral Pa r Public Utilities Department By: Ke in J. ast nos, President APPROVED AS TO FORM: HILDA CANTO MONTOY City Attorney B i d b. Wathen, Vice-President i By: Deputy (Attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Fresno On January 12, 2006 before me, Michelle C. DeWitt, Notary Public, personally appeared Kevin J. Castanos and Richard G. Wathen, 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. — - - += MICHELLE C.DEWITf Commission#1512843 �m Notary Public-California Signature of Notary—Public � Fresno County My Comm.Expires Sep 12,2008 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: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner- ❑ Limited ❑ General ❑ Partner- ❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: RIGHT THUMB RIGHT THUMB ,L I OF SIGNER OF SIGNER SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on A�r ,?9� 005 , in the office of the Fresno County Recorder as Document No. 2605'oyR L /53 of which the Deed of Trust in by and between: Eur�De 6rouc of Fi4 8atreka t,1 ?�a C'alArAig*-c 1j;h)Yed Par�wersh :p --as Trustor, C'Aie-e.,a 6 77 e- Cy?2,oa•vu. , as Trustee, and c�a r ani f�. Bir K 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 Tract No. 5455. DATED: Towque,,rcr' 13. 2604 BENEFICIARY By l,�S6 h 0;w7 +Ce- Pre 6 id e M By: (Beneficiary to print/type Name and Title; and attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Serra m eh/-�D On yJdW /3, 07004, before me, 13arbar& J AeAm41u Date Name and Title of Officer(e�ne We,Not Public') personally appeared Ru SS Ad M XL Name(s)of Signer(s) 5Z personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person($) whose name(,e'j is/are subscribed to the within instrument and acknowledged to me that he/sheAliey executed the same in his/weir authorized }si►,wr capacity0es), and that by his/weir BARBARA J.KENNEDY signature(g) on the instrument the person(s), or Commission# 1506826 the entity upon behalf of which the person(sr) Notary Public-California acted, executed the instrument. Son Joaquin County L61MVComM- Expires qug 11,2008 WITNESS my hand and official seal. 6 a,t.Qrt2.c,Q_ Q. Place Notary Seal Above Sicp&ture 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: Number 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 ❑ General 1 ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ) 0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402•www.nationatnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876.6827 L5' , CLERK'S CERTIFICATION State of California) County of Fresno) City of Fresno) On January 24, 2006, before me, Elvia Sommerville, Deputy City Clerk, City of Fresno, 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 o � By