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Home My WebLink AboutT-5471 - Agreement/Covenant - 11/3/2008 (3) WHEN RECORDED MAIL TO: cc U- City Clerk 01301�,00�,100 z City of Fresno ❑ 2600 Fresno Street 0 Fresno, CA 93721-3603 W d W IL 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 FINAL MAP OF TRACT NO. 5471 Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5471 Page 2 RECITALS WHEREAS, COPPER NORTH PROPERTIES, LLC,a California 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 1, 2, 3, 4, 5, 6, 7, 8 and 9, Qf Tract No. 5471 according to the map thereof recorded on �' ti � , 20� in Volume 1) of Plats at Page(s) 4 F 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. 5471/UGM was approved with conditions by the Fresno City Planning Commission on October 5, 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. 5471, 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. Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5471 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 1, 2, 3, 4, 5, 6, 7, 8 and 9. (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 Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5471 Page 4 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. In the event that litigation is instituted to enforce or interpret any provision of this Statement, the parties agree that the prevailing party shall be paid reasonable attorney's fees, costs and litigation expenses. 5. 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. 5471 Page 5 DATED: 06t,6 CITY OF FRESNO, COVENANTOR a Municipal Corporation COPPER NORTH PROPERTIES, LLC, Public Utilities Department A California Limited Liabilit ompany < By: By: Ree ami z, Director Philip arley, resident APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney By: Lti w l John W. Fox Deputy City Attorney Date: ��a� (Attach Notary Acknowledgment) State of California } ss. County of Fresno } On July 21, 2008 before me, Debra H. Berg,Notary Public, personally appeared Philip R. Parley, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person,or the entity upon behalf of which the person acted,executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State or California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature --RG C ni. ' 1523650 .,y 2C-S SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on September 28 20 06 , in the office of the Fresno County Recorder, as Document No. 20060207095 of which the Deed of Trust in, by and between: Copper North Properties, LLC a California Limited Liability Co. as Trustor Central Valley Community Bank, a California Corporation as Trustee, and Central Valley Community Bank, a California Corporation 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 Final Map of Tract No. 5471. DATED: BENEFICIARY By: JEFF d, Ep�ICE PRESIDENT By: (Beneficiary to print/type Name and Title, And attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 5R-tS'J d On `1_1g' �g before me, Nlizlta ,�t �pllf �>s �v,,at A I,� Date �� Here Insert Name and Title of the Officer personally appeared \j >✓19F Lt Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the personN whose nameN is/ai;e subscribed to the within instrument and acknowledged to me that he/s*e/fTieg executed the same in his7rw/[heir authorized MIRIAM COLLINS capacity(it�s), and that by his/RerlfPteir signature(24.on the Commission 1747415 instrument the personj*, or the entity upon behalf of Notary PublIC -C0111omia which the person(,acted, executed the instrument. Frain County CcnmLEtg7ieaJun24,2011 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITINES§ my hand,and��official se Signature Vel.&, pwu� Pyle Place Notary Seal Above Signature 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(s) Signer's Name: Signer's Name: ❑ Individual 0Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—D Limited 0 General ❑ Attorney in Fact Afi ❑Attorney in Fact ❑ Trustee Top of thumb here ❑Trustee Top of thumb here C Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: @2007 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402-wvnv.NationalNotary.org Item M5907 Reorder:Call Toll-Free 1-800-876-6827 CLERK'S CERTIFICATION State of California ) County of Fresno ) On October 10, 2008 before me, Sherrie L. Badertscher, Deputy City Clerk, personally appeared, Rene Ramirez, Director of Public Utilities, who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITIVESS my hand and official seal REBECCA E. KLISCH, CMC City Clerk, City of Fresno By Deputy