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Home My WebLink AboutT-5564 - Agreement/Covenant - 5/15/2008 (3) WHEN RECORDED MAIL TO: 0511512008,20080070887 City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 W Op NO FEE - Government Code 6103 Z U CD U 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 THE FINAL MAP OF TRACT NO. 5564 Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5564 Page 2 RECITALS WHEREAS, GEORGE R. GODDARD, a Widower, 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 I and 5, of Tract No. 5564 according to the map thereof recorded on , 200_ in Volume O of Plats, at Page(s) rD 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,Tentative Map No.5564/UGM was approved with conditions by the Fresno City Planning Commission on May 17, 2006; 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. 5564, 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. 5564 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 private street along the cul-de-sac frontages of said Lots 1 and 5. (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. 5564 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. 5564 Page 5 DATED: CITY OF FRESNO, COVENANTOR a Municipal Corporation George R. Goddard, a Widower Public Utilities Department Rene Ramirez, Director By: By: Robert . Andersen, Assistant Director George R. Goddard APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney By: _Cz�r'L John W. Fox Deputy City Attorney Date: L1 / 17 ( -2--o 6 5( (Attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of ch ) County of 99ka ) On 3.3 I-d,? before me, D4 ie Ile Po(.k( (Notary Public Name) personally appeared Gpo(a-e K,66"J_ who proved to me on the basis of satin actory evidence to be the person(.O-whose name(e)is/afa subscribed to the within instrument and acknowledged to me that he/ske4ky executed the same in his/heir authorized capacity(-ic�7, and that by his/herf heir signatures(sj-on the instrument the person(sj; or the entity upon behalf of which the person(-,tacted, 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. ESS hand official seal DANIELLE PORTER Commission#1615503 -r Notary Public-California a Madera County omm.Expires Oct 22,2009 Signature of Notary Public INSTRUCTIONS FOR COMPLETING THIS FORM DESCRIPTION OF THE ATTACHED LAny acknowledgment completed in California must contain verbiage exactly as DOCUMENT appears above in the notary section or a separate acknowledgment form must be 4iYP 04' n4s properly completed and attached to that document. The only exception is if a (Title or description of attached document) document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so (Title or description of attached document continued) long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Number of Pages Document Date Please check the document carefully for proper notarial wording and attach this form if required. ■ State and County information must be the State and County where the (Additional Information) document signer(s) personally appeared before the notary public for acknowledgement. ■ Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. ■ The notary public must print his or her name as it appears within his or her CAPACITY CLAIMED BY THE SIGNER commission followed by a comma and then your title(notary public). ■ Print the name(s) of document signer(s) who personally appear at the time of ❑ Individual(s) notarization. ■ Indicate the correct singular or plural forms by crossing off incorrect forms or ❑ Corporate Officer circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. (Title) ■ The notary seal impression must be clear and photographically reproducible. ❑ Partner(s) Impression must not cover text or lines. If seal impression smudges,re-seal if a ❑ Attorney-In-Fact sufficient area permits,otherwise complete a different acknowledgment form. ❑ Trustee(s) ■ Signature of the notary public must match the signature on file with the office ❑ Other of the county clerk. ❖ Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. ❖ Indicated title or type of attached document,number of pages and date. ❖ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title. ■ Securely attach this document to the signed document CLERK'S CERTIFICATION State of California ) County of Fresno ) On April 30, 2008, before me, Elvia Sommerville, Deputy City Clerk, City of Fresno, personally appeared, Robert N. Andersen, Assistant Public Utilities Director, 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) 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. WITNESS my hand and official seal. REBECCA E. KLISCH, CMC City Clerk, City of Fresno J O By Deputy