HomeMy WebLinkAboutT-5892 - Agreement/Covenant - 1/29/2014 (3) WHEN RECORDED MAIL TO:
City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603
NO FEE - Government Code 6103 01/29/2014,20140009622
CITY OF FRESNO
Q Public Utilities Department
ILL Solid Waste Management Division
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STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
PROVIDING SPECIAL SOLID WASTE DISPOSAL SERVICES
FOR CERTAIN LOTS WITHIN THE FINAL MAP OF TRACT NO. 5892
Statement of Covenants
Special Solid Waste Disposal Services
Final Map of Tract No. 5892
Page 2
RECITALS
WHEREAS, COPPER RIVER 74, 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 12, 13, 31, 32, 53, 54, 55, 56 and 59, of the Final Map
of Tract No. 5892 according to the map thereof recorded
on a,d,yj4o,J Ll. ���' in Volume of Plats at
Page(s) I -A 93 , 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. 5892 was approved with conditions by the Fresno
City Planning Commission on August 7, 2013; 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 of the Final Map of Tract No. 5892, 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
Special Solid Waste Disposal Services
Final Map of Tract No. 5892
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) On solid waste service days, there shall be no parking of vehicles allowed
in the cul-de-sac and the cul-de-sac frontages of Lots 31, 32, 53, 54, 55 and 56 and they
shall be clear of all vehicles by 5:30 a.m.
(B) On solid waste service days before 5:30 a.m., the owners, lessees other
tenants of the residential dwelling for Lot 12 and 13 shall place their solid waste containers
at the edge of curb on or about the southeasterly property line of and on the side of Lot 59
approximately 4-feet apart and not blocking any vehicle accesses and in accordance with
the City's Solid Waste Management Division standards.
(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
Special Solid Waste Disposal Services
Final Map of Tract No. 5892
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. 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 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
Statement of Covenants
Special Solid Waste Disposal Services
Final Map of Tract No. 5892
Page 5
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 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
Special Solid Waste Disposal Services
Final Map of Tract No. 5892
Page 6
DATED: ��� /Y��E2 1'� WIZ
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
COPPER RIVER 74, INC.,
Public Utilities Department A California Corporation
Patrick Wiemiller, Director
By " G- By:
Robert N. Andersen, Assistant Director Darius Assemi, President
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
By:
Talia Kolluri-Barbic
Deputy'City Attorney
/ 2-11-
Date:
(Attach Notary Acknowledgment)
CLERK'S CERTIFICATION
State of California )
County of Fresno )
On December 20, 2013 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
YVONNE SPENCE, CMC
City Clerk, City of Fresno
By
Deputy
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CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
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EMMA L,BAKER
NOTARY PUBLIC•CALIFORNIA
WITNESS my hand and offs 'lal seal. COMMISSION#1934930 �
FRESNO COUNTY
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SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on December 13 20 13 in the office of the Fresno County Recorder,
as Document No. 2013-0168196-00 of which the Deed of Trust in, by and between:
Copper River 74, Inc., a California corporation as Trustor
First American Title Company
as Trustee
and U.S. Bank National Association, d/b/a Housing Capital Company , 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. 5892.
DATED: December 13, 2013
BENEFICIARY
By. V
Name: Thomas G. Walker
Title:
Senior Vice President
By:
Name:
Title:
(Beneficiary to print/type Name and Title;
and attach Notary Acknowledgment)
STATE OF CALIFORNIA )
>ss.
COUNTY OF FRESNO )
On December 13, 2013, before me, Rhonda Harold, a Notary Public, personally appeared
Thomas G. Walker, who proved to me on the basis of satisfactory evidence to be the person
whose name is subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
I certify under PE114ALTY OF PERJURY that under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and offcial seal. RHONOA HAROLD
Commission # 1906102
Z Notary Public -California z
Fresno County D
Signature My Comm.Expires Oct 28,2014