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HomeMy WebLinkAboutT-5963 - Agreement/Covenant - 6/27/2013 (4) WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street 0612512013,20130088865 Fresno, CA 93721-3603 NO FEE - Government Code 6103 CITY OF FRESNO Public Utilities Department 0 Solid Waste Management Division LL z Q U W U] a W J CL STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT PROVIDING SPECIAL SOLID WASTE DISPOSAL SERVICES FOR CERTAIN LOTS WITHIN FINAL MAP OF TRACT NO. 5963 Statement of Covenants Special Solid Waste Disposal Services Final Map of Tract No. 5963 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 27 through 30, inclusive, and Lots 49 through 53, inclusive, of the Final Map of Tract No. 5963 according to the map thereof recorded on �1)K'6 11620 in Volume 7 of Plats at Page(s) I ` -, 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. 5963 was approved with conditions by the Fresno City Planning Commission on October 3, 2012; 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. 5963, 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. 5963 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 the Subject Property shall be clear of all vehicles by 5:30 a.m. (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 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 Statement of Covenants Special Solid Waste Disposal Services Final Map of Tract No. 5963 Page 4 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 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. Statement of Covenants Special Solid Waste Disposal Services Final Map of Tract No. 5963 Page 5 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. 5963 Page 6 DATED: c� �r� CITY OF FRESNO, COVENANTOR a Municipal Corporation COPPER RIVER SOUTHWEST, INC., Public Utilities Department a California Corporation Patrick Wiemiller, Director Robert N. Andersen, Assistant Director St G. Rau. Secretary APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney By: _ Talia Iluri-Barbick Deputy City Attorney Date: 14' (Attach Notary Acknowledgment) CAMFORNIA ACKNOWLEDGMENT - State of California County of Fresno On 6` AA e before nye, Barbara J, Christensen, Notary Public Dale � ,Here Insert Name and Title of the Officer personally appearedt- 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 BARBARA J.CHRISTENSEN he/she/they e scuted the same in his/her/their authorized Commission 2006995 capa.city(ies), and iha't by his/her/their signature(s) on the a =: Notary Public-California instrument the person(s), or the entity upon behalf of i ` ` Fresno County which the person(s) acted, execuied the instrument. My Comm. res Fob 26,2017 I certify under PENALTY OF PERJURY under the laws of the State of Caliiornia that the foregoing paragraph is true and correct. WITNESS my hand and oiiicial seal. l Signature Place Notary Seal Above Slgn re of Notary Public OPTIONAL Though the information beloni 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(les) Claimed by Signer(s) Signer's Name: _ Signer's Name:_ ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): _ ❑I Corporate Officer—T itle(s): ❑ Partner—❑ Limited ❑ General E ❑ Partner—❑ Limited ❑ General ❑ Attorney in t=act ❑Attorney in t=act El -1 Top of thumb here CI Trustee Top of thumb here ❑ Guardian or Conservator 0 Guardian or Conservator ❑ Other: 0 Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association=9350 De Soto Ave.,P.O.Box 2402:Chalmorth,CA 91313-2402-wvm.Nationali\lotary.org Item x5967 neorder:Call Toll-Free 1-800-87G-0827 CLERK'S CERTIFICATION State of California ) County of Fresno ) On June 7, 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 °r Deputy SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on May 4 2011 in the office of the Fresno County Recorder, as Document No. 2011-0060807-00 of which the Deed of Trust in, by and between: Copper River Southwest, Inc., a California Corporation as Trustor First American Title Company , as Trustee and Housing Capital Company, a Minnesota Partnership 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. 5963, DATED: March 9, 2011 BENEFICIARY U.S. Bank National Association Successor in interest to Housing Capital Company, By: A Minnesota Partnership Name: Thomas G. Walker Title: Senior Vice President By: -- Name: Title: (Beneficiary to print/type Name and Title; and attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CML.CODE 9 1189 - cmc -; - ¢r ra c ncFi�'> ; �,� a. � - - - y - IF State of California County of FRESNO On April 15, 2013 before me, Apr; 1 rp- Pcte caro; a,NotarY Publ ; - Date ` Here Insert Name and Trtle of the Officer personally appeared Thomas G. Walker Name(s)of Signer(s) S who proved to me on the basis of satisfactory evidence to be the persons} whose name(s) is/afe subscribed to the within instrument and acknowledged to me that heA%AeA-hey executed the same in his/herAbh authorized ca acit I p y(+es), and that by his/hentheir signature(s) on the instrument the APRIL CELESTE GARCIA personal, or the entity upon behalf of which the ` NOTARY PUBLIC-CALIFORNIA perso*) acted, executed the instrument. ® COMMISSION#1986538 ~ FRESNO COUNTY My Comm.Exp,July 29,2016 1 certify under PENALTY OF PERJURY under the y laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: Place Notary Seal Above _ Signature of Notary 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: ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Individual M. ❑ Individual - G Partner —❑Limited ❑General Top of thumb here ❑Partner — ,Limited ❑General Top of thumb here ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: ©2010 National Notary Assocle0on-NettionalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on September 6 , 20 11 in the office of the Fresno County Recorder, as Document No. 2011-0117557-00 of which the Deed of Trust in, by and between: Copper River Southwest, Inc., a California Corporation as Trustor Financial Title Company , as Trustee and Housing Capital Company, a Minnesota Partnership 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. 5963. DATED: August 11, 2011 BENEFICIARY U.S. Bank National Association �1 Successor in interest to Housing Capital Company, By; W A Minnesota Partnership Name: Thomas G. Walker Title: Senior Vice President By: Name: Title: (Beneficiary to print/type Name and Title; and attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ami COOK 5,f lag FState California County of FRESNO On April 15, 201 3 before me, Apr; 1 rel este-sarcia_Notary Puhl ; c Date Here Insert IN and Title of the Officer personally appeared Thomas G. Walker Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/a-Fe subscribed to the within instrument and acknowledged to me that he/sf effiTy executed the same in his/he#tfTeir authorized capacity(aes), and that by his/4er/tl'teir signatures) on the instrument the APRIL CELESTE GARCIA person(s), or the entity upon behalf of which the NOTARY PUBLIC-CALIFORNIA persons}acted, executed the instrument. ® COMMISSION#1888538 FRESNO COUNTY My Comm.Exp„lWy2g 2016 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: Place Notary Seal Above Signature of Notary 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(les) Claimed by Signer(s) ' Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Individual ❑ Individual ❑ Partner — ❑Limited ❑General Top of thumb here ❑ Partner — ❑Limited FI General Top of thumb here ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee ❑ Guardian or Conservator C Guardian or Conservator 4 ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: �, - .�:c_%(,Yee:�G�:cti �.:ctai•�,c�.4,.escsca�'Si:' '��.�;8=�:4�£•'� ._ 02010 National Notary Association-National Notary.org• 1-800-US NOTARY(1.800.876-6827) Item#5907