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Home My WebLink AboutT-5649 - Agreement/Covenant - 12/5/2007 (2) WHEN RECORDED MAIL TO: 11/19/2007120070208238 City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 NO FEE - Government Code 6103 CITY OF FRESNO Public Utilities Department O Solid Waste Management Division U. Z O U w a w J L1. STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT PROVIDING SPECIAL SOLID WASTE DISPOSAL SERVICES FOR CERTAIN LOTS WITHIN TRACT NO. 5649 Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No.5649 Page 2 RECITALS WHEREAS, D.R. Horton, Inc. - Fresno, a Delaware 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 9 thru 55, inclusive, Lots 86 thru 133, inclusive, and Outlots G and H, of Tract No. 5649 according to the map thereof recorded in Volume Zn of Plats at Pages 5 -rAru 42- Document .2Document No. -L�L3 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. 5649/UGM was approved with conditions by the Fresno City Planning Commission on August 2, 2006 by Resolution No.12553; and WHEREAS, the conditions of approval of said Tentative Map requires the City of Fresno to provide solid waste disposal services; and WHEREAS, the design of the Final Map of Tract No. 5649 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. 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 Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No.5649 Page 3 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 residential dwellings on service days before 5:30 a.m.for the subject property shall place their solid waste containers at the location designated on Exhibit "A" in accordance with the City of Fresno's Solid Waste Management Division standards. (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 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 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.5649 Page 4 DATED: /(0A0� CITY OF FRESNO, COVENANTOR a Municipal Corporation D.R. Horton, Inc. - Fresno A Delaware Corporation Rene Ramirez, Director Roo Anthony Wym ivisi n President _ /?_Public Utilities Department APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney By: John W. Fox Deputy City Attorney Date: & 20 o'7 j (Attach Notary Acknowledgment) ACKNOWLEDGMENT State of : California County of 14,1V5.1 v r On— 1t,/j`� ; 2,71-17 , before me 17 Date Name and Tit e of Officer(e.g.,".lane Doe,Notary Public") personally appeared 41-mi" Names)of Signer(s) [personally known to me [ ] proved to me on the basis of satisfactory evidence to be the person(s)whose name(so1 /are subscribed to the within instrument and acknowledged to me thee/they executed the same iR/tom authorized capacity(ies), and that bA�iisi /t - 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 COMM. *1572674 = Notary Public•Calftras C Stanislaus County My Comm,Ex es ,241 2009 ignature #a, Place Notary Seal Above CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO) On November 1, 2007, before me, Elvia Sommerville, Deputy City Clerk, City of Fresno, personally appeared, Robert N. Andersen, Assistant 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 Deputy EXHIBIT "A" Lots 9, 10, and 11 shall place their containers to the side of Lot 9 on Outlot G. Lots 86 thru 91 shall place their containers between Lots 91 and 92 on Outlot G. Lots 92 thru 96 shall place their containers between Lots 96 and 97 on Outlot G. Lots 97 thru 100 shall place their containers between Lots 100 and 101 on Outlot G. Lots 101 thru 105 shall place their containers between Lots 105 and 106 on Outlot G. Lots 106 thru 110 shall place their containers between Lots 110 and 111 on Outlot G. Lots 111 thru 115 shall place their containers between Lots 115 and 116 on Outlot G. Lots 116 thru 120 shall place their containers between Lots 121 and 120 on Outlot G. Lots 121 thru 128 shall place their containers between Lots 125 and 131 on the curve of Outlot G. Lots 129 and 130 shall place their containers between Lots 132 and 133 on Outlot G. Lots 131, 132, and 133 shall place their containers to the side of Lot 133 on Outlot H. Lots 12 and 13 shall place their containers between Lots 9 and 10 on Outlot H. Lots 14 thru 21 shall place their containers between Lots 11 and 17 on the curve of Outlot H. Lots 22 thea 26 shall place their containers between Lots 21 and 22 on Outlot H. Lots 27 thru 30 shall place their containers between Lots 26 and 27 on Outlot H. Lots 31 thru 35 shall place their containers between Lots 30 and 31 on Outlot H. Lots 36 thru 40 shall place their containers between Lots 35 and 36 on Outlot H. Lots 41 thru 45 shall place their containers between Lots 40 and 41 on Outlot H. Lots 46 thur 50 shall place their containers between Lots 45 and 46 on Outlot H. Lots 51 thru 55 shall place their containers between Lots 50 and 51 on Outlot H.