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HomeMy WebLinkAboutT-5477 - Agreement/Covenant - 5/29/2007 (5) WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno street 105/24/2007,200 0107513 Fresno, CA 93721-3603 W NO FEE - Government Code 6103 O p U o CITY OF FRESNO C.7 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. 5477/UGM PHASE 3 OF VESTING TENTATIVE MAP NO. 5248/UGM Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5477/UGM Page 2 t RECITALS WHEREAS, SUNNYSIDE PROJECT, 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 24-29,41-44,47-49, 59-62, 81-83, 95-97, 110-113,'125-129, 154-159 and196-201, inclusive, of Tract No. 5477 according to the map thereof recorded on _A/),^-c, _9! ',,2007 in Volume '79 of Plats at Page(s) 1%R, Y3 4m , 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. 5248/UGM was approved with conditions by the Fresno City Planning Commission on September 15, 2004; 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. 5477,/UGM 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. 5477/UGM 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 24-29,41-44,47-49, 59-62, 81-83, 95-97, 110-113, 125••129,154-159 and 196-201. (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. 5477/UGM 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. 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. 5477/UGM Page s DATED: T/ CITY OF FRESNO, - COVENANTOR a Municipal Corporation SUNNYSIDE PROJECT, LLC A California Limited Liability Company By: Granville Management, Inc. A California Corporation, Its Manager By: By: au AA&A�k 431� Ree janirez, Direc or Christine Lin.genfelte, P9sistant Secretary Public Utilities Department APPROVED AS TO (FORM: JAMES C. SANCHE7_ City Attorney By: John W. Fox Deputy City Attorney Date: D (Attach Notary Acknowledgment) t y CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Fi-r°C'jYI O Ont�l��N� xo , A lbb'7, before me, MadicAyrL 1 CLi'd kx , Date Nam6Jand Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared C Lri5- ,nom U001eX- Name(s)of Signer(s I i personally known to me ❑ proved to me on the basis of satisfactory evidence MADEM J.CUM AN to be the person(s) whose name(s) is/are subscribed _ ~COM111111don#1433a67 [ to the within instrument and acknowledged to me that Nofarpr t diff-Coulomb he/she/they executed the .same in his/her/their r"m County!, authorized capacity(ies), and that by his/her/their My COM.ExpireaAugA 2007 signature(s) on the instrument the person(s), or the I entity upon behalf of which the person(s) acted, executed the instrument. f I WITNESS my hand and official seal. Place Notary Seat Above. Sig tura of Notary Public i 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: i I Signer(s) Other Than Named Above: i I Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer-=Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited 0 General ❑ Partner—❑ Limited ❑General ❑ Attorney in Fact Top of thumb here EJ Attorney in Fact ' El ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer IS Representing: Signer Is Representing: ©2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827 i i I i CLERK'S CERTIFICATION i STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO) On May 9, 2007, before me, Elvia Sommerville, Deputy City Clerk, City of Fresno, personally appeared, Rene Ramirez, 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'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. REBECCA E. KLISCH CITY CLERK, CMC Ca `O O By. �QtJLCt-� Deputy r 4 I SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on A-uqhSt"' , 20 , in the office of the Fresno County Recorder, as Document No. 9)C05- Ol g a.70 I of which the Deed of Trust in, by and between: -?DrH-her6 GING: 0. C,e ti-lbr ' a:_, Larnl-fTd" Uab;l iN Nr>pMnU as Trustor, i n ow) i aL as Trustee and pt tsi Yin Lagrf' k �m�Ja�u � OL me-sofA. A CD 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. 5477/UGM, Phase 3 of Vesting Tentative Map No. 5248/UGM. BENEFIC RY a. es 3'a6 p By: V� tivMPr WKC1<WtZ' - 1 Com._jN-e S i CA C*V%7- By. :•9 I i 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County;of—ac C� ss. 2U 200 1, _ ►1, On � before me, ad et Date Namell Title of Officer(e.g.,"Jane Doe,0 otary Public") personally appeared rC-hDmQS G . Name(s)of Signers) personally known to me I El proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed f to the within instrument and acknowledged to me that Comrnlaslon At 144335 ���'CU33567 9 he/she/they executed the same in his/her/their -is Notary Public-Calffornla authorized capacity(ies), and that by his/her/their Fresno county j signature(s) on the instrument the person(s), or the MY Comm.ExplresAug,4,,2007 entity upon behalf of which the person(s) acted, itexecuted the instrument. IIII WITNESS my hand and official seal. Place iNotary Seal Abovel �w V Sig ture of Notary Public ' f 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. I Description of Attached Document Title or Type of Document: Document Date: Number of Pages: I Signer(sl) Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's�Name: ? Signer's Name: ❑ Individual t ❑ Individual ❑ Corporate Officer--Title(s): f ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Partner—❑ Limited ❑General 201140 ❑ Attorney in Fact El of thumb here ❑ Attorney in Fact ' Top Top of thumb here ❑ Trustee ❑ Trustee ❑ Guardian or Conservator j ❑ Guardian or Conservator ❑ Other: I ❑ Other: Signer Is Representing: i Signer Is Representing: I j I I I ©2004 National Notary Association•9350 De Soto,ve.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827 I s I 'I I