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Home My WebLink AboutT-5614 - Agreement/Covenant - 3/16/2007 (3) WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 02/15/2@@7.2@070032883 NO FEE - Government Code 6103 p CITY OF FRESNO LU Public Utilities Department � >- Solid Waste Management Division O p � U Z O U STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT PROVIDING SPECIAL SOLID WASTE DISPOSAL SERVICES FOR CERTAIN LOTS WITHIN FINAL MAP OF TRACT NO. 5614, PHASE 2 OF VESTING TENTATIVE MAP NO. 5338/UGM a Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5614 Page 2 RECITALS WHEREAS, Fresno Park Communities II, LLC., 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 6, 7, 8 and 9 of Tract No. 5614 according to the map thereof recorded on b 1-1 ru /5- , 20Q�Z_in Volume 2 —of Plats at Page(s) ?3 , 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. 5338 was approved with conditions by the Fresno City Planning Commission on February 16, 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. 5614,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. f Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5614 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 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 of the Subject Property who directly or who through any agent violate the terms hereof. All a_ Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5614 Page 4 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. 5614 Page 5 DATED: t D 7 CITY OF FRESNO, COVENANTOR a Municipal Corporation Fresno Park Communities II, LLC., A California Limited Liability Company By: By: Re mire , Director Tim Spa anaging Member Public Otilities Departme t APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney By: 7� 7 Deputy (Attach Notary Acknowledgment) STATE OF California COUNTY OF Fresno On December 11, 2006 before me, S. Anthony, notary,public (Name of Notary Public) personally appeared Tim Spate 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. S AN)HONY f le , OhiM 414449F Oct t 2.07b (Signature of Notary Public) (This area for notarial seal) (notary)(07-02) CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO) On February 1, 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 0 By P¢� Deputy .r. ' Tract No. 5614 P.W. No. 11062 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on �,l ?v , 20-2P, in the office of the Fresno County Recorder, as Document No. 'ZQ0(- " (D C> l61 Z �b of which the Deed of Trust in, by and between: �Y�S no c1 rk (0M vv)t.t_o as Trustor, Ste-�.�a--r Tifil� �% C dli61 V-) � , as Trustee and �1U11YYdS M\ J�e-v S r O y-)cl �� 'Yl t l��r , 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. 5614, Phase 2 of Vesting Tentative Map No. 5338/UGM. DATED: ly l -2,00Q BENEFICIARY Thomas W. Miller, Sr and Kelly T. Miller Husband and Wife as Joint Tenants By: Aw"I CAI'C— �ThcmcTs Y, By. By. ` (Beneficiary to print/type document information, Name, Title and attach Notary Acknowledgment) STATE OF California COUNTY OF Fresno On December 13, 2006 before me, S. Anthony (Name of Notary Public) personally appeared Thomas W. Miller and Kelly L. Miller 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. S.ANTHONY COMM.#1444988 NOTARY PUBLIC-CAI_IEORN A r FRESNO COUNTY (Signature o Notary Public) a r My Comm.Expires Oct 12,2007 (This area for notarial seal) (notary)(07-02) i Tract No. 5614 P.W. No. 11062 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on (d r u 30 , 20 00, in the office of the Fresno County Recorder, as Document No. -200(.0 - 00 (c( Z 4Y-1 of which the Deed of Trust in, by and between: �-eS no Pcirk- ( o vin vv)u E\ i fi CS -1V , LLC , as Trustor, a,�t l i T12 uC C'c�1'FG n 1�i , �L , as Trustee and yYYnS W S6 oR i V1Cff-d r \ Tana C�11 a s apj� r1- f z n 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. 5614, Phase 2 of Vesting Tentative Map No. 5338/UGM. DATED: Z_ IS ZCe)Q(p BENEFICIARY Thomas W- Sappington and Ofelia Sappington Husand nd W fe as Joint Ten nts By:: By: - - (Beneficiary to print/type document information, Name, Title and attach Notary Acknowledgment) 9 STATE OF California COUNTY OF Fresno On December 15. 2006 before me, S. Anthony (Name of Notary Public) personally appeared Thomas W. Sappington and Ofelia Sappington 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. S.ANTHONY -NM 4/1444988 nn V0'ARY R R 1C-CALIFORNIA � RE �4�COUfvlti (Signature 4 hotary Public) " (This area for notarial seal) (notary)(07-02) J Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5614 p4�e.1 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on January 30, 2006, in the office of the Fresno County Recorder, as Document No. 2006-0019287 of which the Deed of Trust in, by and between Fresno Park Communities II, LLC., a California Limited Liability Company, as Trustor, Estate Financial, Inc., a California corporation , as Trustee and See Attached Exhibit "Beneficiary Exhibit," 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. 5614, Phase 2 of Vesting Tentative Map No. 5338/UGM. DATED: January 28, 2007 Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5614 1p'"t Z BENEFICIARY EXHIBIT Estate Financial, Inc., alifornia corporation. By: Joshua M. Y uda/VicV President (Beneficiary) c rde Ja uary 30, 2006, Instrument 2006-0019287, Fresno County Paula Janett juilka 'ng a woman. - I vc By: Estate Fina[ attorney in fact, by Joshua M. Yaguda, Vice President cal, Inc , (Beneficiary)4f , 4, 2006, Instrument 2006-0095243, Fresno County Marla Marie uste of he Marla Marie Bassford Trust dated 03-08-95. Lip By: Estate Finaq6iall Inc., aatkmey in Pact, by Joshua M. Yaguda, Vice President (Beneficiary) ec ;dir 4, 006, Instrument 2006-0095243, Fresno County Robert Hainsworthm In. . J By: Estate Financial, I c.1 as a o ney in fact, by Joshua M. Yaguda, Vice President (Beneficiary) Recor ed May A, 206, Instrument 2006-0095243, Fresno County r Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5614 Page-#3 Jack D. Montague an hirley M. Montague, Trustees of The Jack and Shirley Montague Truste n 03, 2003. J By: Estate Financia, c , a attorneyin fact, by Joshua M. Yaguda, Vice President (Beneficiary) Rec rd Ma 4, 2006, Instrument 2006-0095243, Fresno County Pierre La a d malyce Lahargou, Trustees of the Lahargou Family Trust dated. By: Estate F' ci nc., as bttorney in fact, by Joshua M. Yaguda, Vice President (Beneficia ) ec d d May 4, 2006, Instrument 2006-0095244, Fresno County Anderson, Sto hado and Mendelsohn, CPA's Employees Retirement Plan and Trust for'T"4 u of Michael R. Mendelsohn. J By. Estate Fina I, n ., as auto ney in fact, by Joshua M. Yaguda, Vice President (Beneficiary) 7 Beneficiary) a red ay 4, 2006, Instrument 2006-0095244, Fresno County Craig S. Kushen rustee f he Criag Kushen and Meredith Hughes-Kushen Commmunity pro a stted November 5, 2001. J afa,Aorney IN fact, by Joshua M. Yaguda, Vice President By: Estate Financial, 14 (Beneficiary) Recor a Ma k,4,3006, Instrument 2006-0095244, Fresno County Joshua M. Ya mr led man as his sole and separate property. . J By. Estate Financ' n!0 , s attorney in fact, by Joshua M. Yaguda, Vice President (Beneficiary) R co a Ju a 1, 2006, Instrument 2006-0115092, Fresno County r Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5614 Page 1O 4 Gregory P. ularried man as his sole and separate property. - J By: Estate Fin 6 ial, c., as aft rney in fact, by Joshua M. Yaguda, Vice President (Beneficiary Re ore May 4, 2006, Instrument 2006-0095244, Fresno County Carl Marc i Jr st than FBO Rodney Marchetti. By: Estate Fina 'al, n , as atto ney in fact, by Joshua M. Yaguda, Vice President (Beneficiary) a or d ay 4, 2006, Instrument 2006-0095245, Fresno County Terence Ch e o ' m n nd Jane Israel Honikman,Trustees of the Honikman 1992 Trust dated ce r , 1992. By: Estate Fina is, In ., s attorn y in fact, by Joshua M. Yaguda, Vice President (Beneficiary) R co de M y 4, 2006, Instrument 2006-0095245, Fresno County California Natio I B k stodian FBO Frances C. Bellis, #CBF0350, IRA Rollover. J By: Estate Financi nn- -./ak attorney ib fact, by Joshua M. Yaguda, Vice President (Beneficiary) Re or ed a 4, 2006, Instrument 2006-0095245, Fresno County Dean Thompson Tr t f t Thompson Revocable Family Trust. . By: Estate Financia In s a orney i fact, by Joshua M. Yaguda, Vice President (Beneficiary) Rec rd ay , 2006, Instrument 2006-0095245, Fresno County Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5614 Page X-5 Jaimea d Fatima Carmo, Husband and Wife as Joint Tenants. J By: Estate inInc., ci , Inds attorney in fact, by Joshua M. Yaguda, Vice President (Benefic ary) eco ded May 4, 2006, Instrument 2006-0095246, Fresno County The 1994 James E. S o and Kathleen A. Scott Revocable Trust, James E. Scott and Kathleen o r st s. - tJ . By: Estate Fin ia ., as att rney in fact, by Joshua M. Yaguda, Vice President (Beneficiary R cl, no a May 4, 2006, Instrument 2006-0095246, Fresno County Jean Hart Fairba rn, Tr ee f t e Fairbairn Family Trust dated May 13, 1986. C/ By: Estate Financi nc. as Ottorney ih, fact, by Joshua M. Yaguda, Vice President (Beneficiary) Re or ed ay , 2006, Instrument 2006-0095246, Fresno County Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5614 Page U G Est F' ci I, Inc., a California cor ti a attorney in fact Dated Z�. ZICO ' By:Jos a .YoulIila,Vice resident ("B ne c' rY ) STATE OF CALIFORNIA COUNTY OF � ,h L,Ji 75 i S S.S On -7�CILV1. Z 17'100 7 before me, a Notary Public in and for said County and State, personallyappeared .�nSNya ley,1 r cs y knavn tae (or proved to me on the basis of satisfactory evidence) to be the persoriW whose name`Q is/dxq subscribed to the within instrument and acknowledged to me that he/s1v they executed the some in his/her/tAir authorized capacit�li<),and that by SHERRY DAMS COMM.11483543 m his/he,r/ft�r signature`( on the instrument the person{), or N : m = Notary Public-Calitomla N the entity upon behalf of which the persoN) acted, w SAN LUIS OBISPO COUNTY executed the instrument. My Comm.Exp.Jan 17,2006 E WITNESS my hand and officialsea. •� Signature (This area for official notarial seal)