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Home My WebLink AboutT-5838 - Agreement/Covenant - 6/24/2011 (5) WHEN RECORDED MAIL TO: 0 City Clerk LL Z City of Fresno 0 2600 Fresno Street V Fresno, CA 93721-3603 LU U) a @6/Z4/Z@11,Z@11@@83855 LU -j NO FEE - Government Code 6103 G. 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 OF THE FINAL MAP OF TRACT NO. 58385 PHASE-1 OF VESTING TENTATIVE MAP NO. 5838 Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots of Tract No.5838 Page 2 RECITALS WHEREAS, COPPER RIVER SOUTHWEST, 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 1, 2, 25, 43, 48, 52 and 910 of the Final Map of Tract No. 5838 according to map thereof recorded on Sy rr E 'v%-I P 'tel i in Volume 06( of Plats at Page(s)910 q J&pLryJq , Fresno County Records; and Lots 48 through 95, inclusive, of said Tract No. 5838; 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. 5838 was approved with conditions by the Fresno City Planning Commission on August 1, 2007 by Resolution No. 12713; and WHEREAS, the conditions of approval of said Tentative Map requires the City of Fresno ("City") to provide solid waste disposal services; and WHEREAS, the design of the Final Map of Tract No. 5838 affects the accessibility to the Subject Property and prevents normal curbside solid waste disposal services to be provided by the City; and WHEREAS, the Covenantor requests the City 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 of Tract No.5838 Page 3 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 Covenants 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) Lots 1, 2 and 48. The owners, lessees other tenants of the residential dwellings on solid waste service days before 5:30 a.m. for Lot 1 (1703 East Autumn Sage Avenue) and Lot 2 (1715 East Autumn Sage Avenue) shall place their solid waste containers at the edge of the street curb on the south side of Lot 48 (11330 North Cherry Sage Avenue). The south side street curb of said Lot 48 is on East Autumn Sage Avenue. (B) Lots 43 and 52. The owners, lessees other tenants of the residential dwellings on solid waste service days before 5:30 a.m. for Lot 43 (1701 East Green Sage Avenue) shall place their solid waste containers at the edge of the street curb on the north side of Lot 52 (11338 North Cherry Sage Avenue). The north side street curb of said Lot 52 is on East Green Sage Avenue. (C) Lots 25 and 90. The owners, lessees other tenants of the residential dwellings on solid waste service days before 5:30 a.m. for Lot 25 (11356 North Blue Sage Avenue) shall place their solid waste containers at the edge of the street curb on the northeast side of Lot 90 (11347 North Blue Sage Avenue). The northeast side street curb of said Lot 90 is on North Blue Sage Avenue. (D) Lots 48 through 95. The owners, lessees and other tenants of the residential dwellings abutting alleys on solid waste service days before 5:30 a.m. for Lots 48 through 95, inclusive, shall place their solid waste containers in the alley along Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots of Tract No.5838 Page 4 their respective property lines and remove and not park vehicles in the alleys within said T-5838. (E) 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 Covenants are intended to benefit the public and public properties. Accordingly, the City shall have the right to enforce this Statement of Covenants 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 Covenants 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 Covenants shall remain in full force and effect until such time as the Public Utilities Department Director 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 Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots of Tract No.5838 Page 5 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 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 Covenants 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 of Covenants, 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 of Tract No.5838 Page 6 DATED: - .SUFIC r �� 2,01/ CITY OF FRESNO, COVENANTOR a Municipal Corporation COPPER RIVER SOUTHWEST, INC., Public Utilities Department a California Corporation Patrick Wiemiller, Director By: By: Robert N. Andersen, Assistant Director Christine LingenIgAr,r ta Secretary APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney By. Sh o Chaffin (Attach Notary Acknowledgment) Dep ity Attorney Date CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of i�i—e5"O �- On _ 2� la� before me, M A4,C[Lin 1 . �� h4nnvl �} � Date Here Insert!Name and Title of the Orffice, personally appeared yl-�koL l.1 Y1 G1P�✓1 T-P�l �� Name(s)of Signer(s) e 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 EMADEIYN J. CUELLAR capacity(ies), and that by his/her/their signature(s) on the +' Commission #f 1766682 instrument the person(s), or the entity upon behalf of Notary PublIC -COlitofnla Which the person(s) acted, executed the instrument. Fresno County BMCpmL�,bps1.2o11 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 andofficial seal. Signaturea` ��--- q . QJAJL� _"f Place Notary Seal Above Si ature of NkQMry 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: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual C Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—-1 Limited ❑ General _ _ ❑ Partner—❑ Limited ❑ General L) Attorney in Fact L1 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: 02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationaiNolaryorg Item#5907 Reorder:Call Toll-Free 1-800-876-6827 CLERK'S CERTIFICATION State of California ) County of Fresno ) On June 17, 2011 before me, Sherrie L. Badertscher, Deputy City Clerk, personally appeared, Robert N. Andersen, 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 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. 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 OF A- B yA14A Ji. / Deputyof of.' ti fo a=,. SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on in the office of the Fresno County Recorder, as Document No. 00 990 of which the Deed of Trust in, by and between: �� f CO LGr as Trustoro� 'RI-ne'nGIt.J;1 rjklv. Clo "ll as Trystee and&Adna , as Beneficiary, hereby expres 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 of Final Map of Tract No. 5838, Phase 1 of Vesting Tentative Map No. 5838/UGM. DATED: Ma 1/ 251 W1 BENEFICIARY B : � p J W y / .�` Name: Title: By: Name: Title: (attach Notary Acknowledgment) R CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of �R-e5m On _N, 2�J, �� before me, ad"Cl+�tfl Date J Here Insert Name and Title of thd Officer personally appeared �~howet5 G - Name(s)of Signer(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 itDEL-YN J. C U E L L A R he/she/they executed the same in his/her/their authorized Commission # 1764852 capacity(ies), and that by his/her/their signature(s) on the : Notary Public -California instrument the person(s), or the entity upon behalf of Fresno County which the person(s) acted, executed the instrument. MyComrn.�'e6�931,2011 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. Signature -)n_ Place Notary Seal Above ig ature of NotMy 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: 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 of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association•9350 De Soto Ave..P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotaryorg Item#5907 Reorder:Call Toll-Free 1-800-876-6827