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Home My WebLink AboutT-5869 - Agreement/Covenant - 4/29/2011 (4) WHEN RECORDED MAIL TO: City Clerk '?el lees City of Fresno Jae 2600 Fresno Street Fresno, CA 93721-3603 NO FEE - Government Code 6103 CITY OF FRESNO Public Utilities Department OSolid Waste Management Division Z G V LU N a W —1 CL STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT PROVIDING SPECIAL SOLID WASTE DISPOSAL SERVICES FOR CERTAIN LOTS WITHIN THE FINAL MAP OF TRACT NO. 5869, PHASE 2 OF VESTING TENTATIVE MAP NO. 5600 Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5869 Page 2 RECITALS WHEREAS, LENNAR FRESNO, 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: Lot 112 and Outlot A of the Final Map of Tract No. 5869 according to the map thereof recorded on T` zips 2011 in Volumed of Plats at Page(s) !15O ....a , 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. 5600 was approved with conditions by the Fresno City Planning Commission on December 6, 2006; 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 and phasing (Phase 2) of the Final Map of Tract No. 5869, 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 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 Within Tract No. 5869 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 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) The owners, lessees other tenants of the Subject Property, on solid waste service days before 5:30 a.m., shall place their solid waste containers along the north side of West San Jose Avenue between North Madelyn and North Tisha Avenues adjacent to Outlot 'A' of said Tract No. 5869, a public open space area. Containers shall be placed at the edge of curb approximately 4-feet apart in accordance with the City's Solid Waste Management Division standards (b) This condition for solid waste service shall remain in force and effect until such time as North Madelyn Avenue is extended and improved to the south of the Subject Property and the City's Solid Waste Management Division establishes a solid waste service route thereon. (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. Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5869 Page 4 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 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. In the event that litigation is instituted to enforce or interpret any provision of this Statement of Covenant, the parties agree that the prevailing party shall be paid reasonable attorney's fees, costs and litigation expenses. 5. 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 Affecting Land Development Providing Special Solid Waste Disposal Service Certain Lots Within Tract No. 5869 Page 5 DATED: FEAR ul R Y ) ?, 2 dll CITY OF FRESNO, COVENANTOR a Municipal Corporation LENNAR FRESNO, INC. Public Utilities Department a California Corporation. By: By: Robert N. Andersen, Assistant Director Les Peterson, Vice-President APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney By: J (Attach Notary Acknowledgment) S anon Chaffin De uty City Attorney Date: `� STATE OF l a fv�-ntU )SS COUNTY OFS ) „ On )>Vh- VnGt&r4 ?-nd , before me Notary Public, personally appeared 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. P. E. BENNETT QFMy COMM. #1816983NOTARY PUBLIC-CALIFORNIA FRESNO COUNTYSignature Comm.Expires October 11,2012 My Commission Expires: tL _H ,.r�J This area for official notarial seal Mail Tax Statements To: SAME AS ABOVE CLERK'S CERTIFICATION State of California ) County of Fresno ) On February 18, 2011 before me, Sherrie L. Badertscher, Deputy City Clerk, personally appeared, Robert N. Andersen, Asst 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 By Deputy S