HomeMy WebLinkAboutT-5603 - Agreement/Covenant - 6/9/2009 (3) WHEN RECORDED MAIL TO:
05/09/2009,20090077724
City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603
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 THE FINAL MAP OF TRACT NO. 5603
Statement of Covenants Affecting Land Development
Providing Special Solid Waste Disposal Service
Certain Lots Within Tract No. 5603
Page 2
RECITALS
WHEREAS, HABITAT FOR HUMANITY FRESNO, INC., a California Non-Profit Public
Benefit 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 and by this reference made a part
of this Statement of Covenants:
Lots 5, 6, 7, 8, 9 and 10, of Tract No. 5603 according to the map thereof
recorded on 3U ne- 9 20'-__ `,; in Volume `-' I
of Plats at Page(s) //. /,,? , 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. 5603 was approved with conditions by the Fresno
City Planning Commission on August 2, 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. 5603, 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. 5603
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 5, 6, 7, 8, 9 and 10.
(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. 5603
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. 5603
Page 5
DATED:- W.A y I$, 206'7
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
HABITAT FOR HUMANITY FRESNO, INC.,
Public Utilities Department A California Corporation
Rene Ramirez, Director
By: . By: �---z
Robert N. Andersen, Assistant Director Tom Key, Board Presi ent
ti
APPROVED AS TO FORM: B
An hony J. Mira da, Uecutive Director
JAMES C. SANCHEZ
City Attorney
C1By: ,
John Fox,
Deputy City Attorney
Date:
(Attach Notary Acknowledgment)
CLERK'S CERTIFICATION
State of California )
County of Fresno )
On May 18, 2009, before me, Jennifer Morelos, Deputy City Clerk, City of Fresno,
personally appeared, Robert N. Andersen, Assistant 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.
l 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
By c✓{
Deputy
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
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{"t-lo On {" 2 before me, III i(n"Q'r Notary Public,
Date Here I q t Name and Title of the OfAcer
personally appeared G
ame of Signe
proved to me on the basis 9f satisfactory evidence to be the
personl;g<whose name isfem subscribed to the within
instrument and acknowledged to me that h*ite�`n
STACEY MMIE 1S1 mkpsft---t executed the same in his4ker74}reit authorized
Corrunitiion#E1t101ati1 9 capacityUp@�,`andthat byhis ie eirsignaturaEejonthe
Not q Public-Canfornis instrument the person(<or the entity upon behalf of
Fresno Countywhich the person�*<acted,executed the instrument.
JM Comm.Expires Jul 21,2012 r
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my h a officials a -
Signature
Place Notary Seal Above Signatu f Nota ub is
---------------------------------------- OPTIONAL ---------------------------------------------
Though the information below is not required by law,it may prove valuable to person relying on the document
and could preventfraudulent removal and reattachment of this form to another document.
Description of Attached Document -/ L
Title or type of Document:&Vmaq s 1 p S
1
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies)Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer--Title(s): ❑ Corporate Officer--Title(s):
❑ Partner-- ❑Limited❑General ❑ Partner- ❑ Limited❑ General
❑ Attorney-in Fact ❑Attorney-in Fact
❑ Trustee Top of thumb here ❑ Trustee Top of thumb here
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of �-feSn�
On �G b ZA.?C09 t before me, Ckr ieSjVSO�Notary Public,
Date J_ l ere Ins( Nam and Title of the O er
personally appearedA14 0 1`� ,� 01—
Namejorof Signer
proved to me on the basis 9f satisfactory evidence to be the
personorwhose nam is{efe subscribed to the within
instrument and acknowledged to me that he�ey
executed the same in his�ll�e�ft� authorized
capacity(iee)n, nd that by hisfhn f tkeir signaturo(� n the
STACEY MARIE 01MPSOt1 instrument the personod l or the entity upon behalf of
COmmbtioe N 100768!1 which the perso> acted,executed the instrument._A9_M- K-
Notary Public•Camornis I certify under PENALTY OF PERJURY under the laws of
Fresno County the State of California that the foregoing paragraph is true WMY
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Comm.Ex s Jul 27 2012 and correct.
WITNESS my ha official s ,, `
Signature
Place Notary Seal Above ----- Signat> e of Notary ub tc
--------- /
-------------------- OPTIONAL - -------------------------------
Though the information below is not required by law,it may prove valuable to person relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document ,[J� ^ D,5pes
Title or type of Document: � IlewdwT "salla// l//�V,6/je
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies)Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer--Title(s): ❑ Corporate Officer--Title(s):
❑ Partner-- ❑ Limited❑ General ❑ Partner-❑Limited❑General
❑ Attorney-in Fact ❑ Attorney-in Fact
❑ Trustee Top of thumb here ❑ Trustee Top of thumb here
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of
Trust recorded February 1, 2006, in the office of the Fresno County Recorder, as
Document No.2006-0022610 of which the Deed of Trust in, by and between Fresno West Coalition for
Economic Development, a California Non-Profit Benefit Corporation, as Trustor, Chicago Title
Company, a California Corporation, as Trustee and City of Fresno, a Municipal Corporation 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 the Final Map of Tract No. 5603.
An Assignment and Assumption Agreement executed by and between Fresno West Coalition for
Economic Development, a California Non-Profit Benefit Corporation and Habitat for Humanity Fresno,
recorded December 8, 2008, as Document No. 2008-0167933 of Official Records.
DATED:
Loci-
BENEFICIARY
City of Fresno, a Municipal Corporation
By:
By:
(Beneficiary to print/type document
information, Name, Title and attach Notary
Acknowledgment)
t
s
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of Fires n (7
On M Q(4 15-, 2009 before me, Th 2rP SG .SG7 'd 1ya r ,N,91� rc_4 Rt/bl l
(Here insert name and WOW the officer) J
personally appeared And re iai T. Sou-z ` — ,
who proved to me on the basis of satisfactory evidence to be the person(s)whose nameW is/al=e subscribed to
the within instrument and acknowledged to me that he/shekhey executed the same in his/heB4heir authorized
capacity(iA), and that by his/heB4heir signature(g)on the instrument the person(A), 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.
e ~��.,.. � THERESA SALDIVAR
f 1- - COMM. #1649668 z
a s>l Notary Public -California o
WITNESS my hand and official seal. Z Fresno County
My Comm.Expires Apr.3,2010
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(Notary Seal)
Signature of Notary Pub]is
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