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HomeMy WebLinkAboutT-5597 - Agreement/Covenant - 12/24/2012 (4) WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 12/21/2012,201201843@1 NO FEE - Government Code 6103 -- •-- ----- ----- -- --- CITY OF FRESNO ir D Public Utilities Department ZSolid Waste Management Division O U W 0 CK LU J CL STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT PROVIDING SPECIAL SOLID WASTE DISPOSAL SERVICES FOR CERTAIN LOTS WITHIN THE FINAL MAP OF TRACT NO. 55979 PHASE 1 OF VESTING TENTATIVE MAP NO. 5597 Statement of Covenants Special Solid Waste Disposal Services Final Map of Tract No. 5597 Page 2 RECITALS WHEREAS, GRANVILLE AT BARSTOW, INC., A California Corporation, 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: Lots 7 through 10, inclusive, Lots 19 through 21, inclusive, and Lots 48 through 50, inclusive, of the Final Map of Tract No. 5597 according to the map thereof recorded on ))oyc~A2,8f ZI 20/� in Volume 31 of Plats at Page(s) let t (oFresno 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. 5597 was approved with conditions by the Fresno City Planning Commission on August 15, 2007; and WHEREAS, the conditions of approval of said Tentative Map require the City of Fresno ("City") to provide solid waste disposal services; and WHEREAS, the design of the Final Map of Tract No. 5597, Phase 1 of Vesting Tentative Map No. 5597, 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; and Statement of Covenants Special Solid Waste Disposal Services Final Map of Tract No. 5597 Page 3 WHEREAS, the Covenantor requests the City 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 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 of Covenant 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) On solid waste service days, there shall be no parking of vehicles allowed in the cul-de-sac and the cul-de-sac frontages of the Subject Property shall be clear of all vehicles by 5:30 a.m. (B) 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 of Covenant are intended to benefit the public and public properties. Accordingly, the City shall have the right to enforce this Statement of Statement of Covenants Special Solid Waste Disposal Services Final Map of Tract No. 5597 Page 4 Covenant 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 of Covenant shall insure solely to the benefit of the City. There are no third party beneficiaries of said obligations nor shall the right of the City 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 Statement of Covenant shall remain in full force and effect until such time as the City 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. If either party is required to commence any proceeding or legal action to enforce or interpret any term or condition of this Statement of Covenant, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses. For the purposes of this Statement of Covenant, "attorneys' fees" and "legal expenses" include, without limitation, paralegals' fees and expenses, attorneys, consultants fees and expenses, expert witness fees and expenses, and all other expenses incurred by the prevailing party's attorneys in the course of the representation of the prevailing party in anticipation of and/or during the course of litigation, whether or not otherwise recoverable as "attorneys' fees" or as "costs" under California law, and the same may be sought and awarded in accordance with California procedure as pertaining to an award of contractual attorneys' fees. 5. The waiver by either party of a breach by the other of any provision of this Statement of Covenant shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Statement of Covenant. No provisions of this Statement of Covenant may be waived unless in writing and signed by all parties to this Statement of Covenants Special Solid Waste Disposal Services Final Map of Tract No. 5597 Page 5 Covenant. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein. 6. The provisions of this Statement of Covenant 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 of Covenant so requires, in interpreting this Statement of Covenant, any gender includes the other genders, the singular includes the plural, and the plural includes the singular. Statement of Covenants Special Solid Waste Disposal Services Final Map of Tract No. 5597 Page 6 DATED: D EGNrQ(R 3 Zor CITY OF FRESNO, COVENANTOR a Municipal Corporation GRANVILLE AT BARSTOW, INC., Public Utilities Department A California Corporation Patrick Wiemiller, Director By: ' `f By: Robert N. Andersen, Assistant Director Darius Assemi, Senior Vice President 4z��� APPROVED AS TO FORM: FRANCINE KANNE Interim City Attorney By: Taliakolluri-Barbick Deputy City Attorney Date:_ 3 r (Attach Notary Acknowledgment) CLERK'S CERTIFICATION State of California) County of Fresno ) On Decerriber 14, 2012, before me, Stacey Woo, Deputy City Clerk, personally appeared Robert N. Andersen, P.E. Assistant Director, Public Utilities Department, who 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), acted, executed the instrument. I certify under PENALTY OR PERJURY under the laws of the State of California that -the foregoing paragraph is true and correct. WITNESS my hand and official seal. YVONNE SPENCE, CMC CITY CLERK, City of Fresno **- No aca �De ty lu CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE; 1189 -.•�.r: � a � - „�r..�n�.�.c�.cc,.ei;�,��,�r: � - - a � � .�rr,�c•,�,�e7.cca�.. ci State of California Countyof �} On before me, 1_� �L )' ate 7 Hsre Irkert Name an Tille of the Offi er �y I personally appeared +(•i __RL� Name+s)of igner(s) 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 i� his/her/their authorized capacity(ies), and that by APRIL CELESTE GARCIA his/her/their signature(s) on the instrument the NOTARY PUBLIC-CALIFORNIA person(s), or the entity upon behalf of which the COMMISSION# 1986538 FRESNO COUNTY person(s) acted, executed the instrument qro,� My Comm.Exp.July 29,2016 1 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. Signature: Place Notary Seal Above ! Signature of Notary Puhllc 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: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Corporate Officer — Title(s): EJ Corporate Officer — Title(s):_ ❑ Individual ❑ Individual ❑ Partner —CI Limited i 1 General Top of thumb here ❑ Partner — f 1 Limited ❑General iop of thumb here ❑ Attorney in Fact E Attorney in Fact ❑ Trustee E. Trustee t ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: _ — — �!'e=�."c_e.^�f,4'esG'ux-,4`�%�`�"L%4'�� - 't^e;�.c��cnr�•�._�r��,..�..,..»�,......,....,...�"�%4"c�r"c'J4"E r��'n°r�tir_� . ®2010 National Notary Association•NationalNatary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on September, 21, 2012, in the office of the Fresno County Recorder as Document No. 2012-0135530 of which the Deed of Trust in by and between: Granville at Barstow, Inc., a California Corporation as Trustor, First American Title Company, as Trustee, and Housing Capital Company, a Minnesota Partnership, 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 Final Map of Tract No. 5597, Phase 1 of Vesting Tentative Map No. 5597. DATED: /'t r I z BENEFICIARY U.S. Bank National Association Successor in interest to Housing Capital Company, A Minnesota Partnership By: Thomas G. Walker, Senior Vice President (Beneficiary to print/type document information, Name, Title and attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CML coos 0 11 as 4 State of California r [ County of 1�I 0 On 7 f � before me, Gate- Here Inse Nr1 ame�t of the Officer r� a rY personally appeared i Na (s)of Signer(sl t 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 c his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the I person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Of�h APRIL CELESTE GARCIA Y NOTARY PUBLIC•CALIFORNIA _ I certify under PENALTY OF PERJURY under the COMMISSION# 1986538 E' y FRESNO COUNTY laws of the State of California that the foregoing My Comm.Exp.July 29,2016 paragraph is true and correct. WITNESS my hand and official seal. Signature: 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: y+ Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: _ ❑ Corporate Officer — Title(s): ❑Corporate Officer — Titlels): z ❑ Individual ❑ Individual ❑ Partner — ❑Limited ❑General Top of thumb here ❑ Partner — ❑ Limited ❑General Top of thumb here t. ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: •,tiv..ti^ti�s`�n�<s`63�a`L�'��i�4:r�sm eer.< 'L �r , ©2010 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907