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Home My WebLink AboutT-5966 - Agreement/Covenant - 9/27/2010 (4) WHEN RECORDED MAIL TO: 09/22/2010120100124313 City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 NO FEE - Government Code 6103 CITY OF FRESNO Public Utilities Department OSolid Waste Management Division U- Z O 0 W N Act LU CL STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT PROVIDING SPECIAL SOLID WASTE DISPOSAL SERVICES FOR CERTAIN LOTS WITHIN FINAL MAP OF TRACT NO. 5966, PHASE 1 OF VESTING TENTATIVE MAP NO. 5966/UGM Statement of Covenants Special Solid Waste Disposal Services Final Map of Tract No. 5966 Page 2 RECITALS WHEREAS, BN Hudson Ranch L.P., a California Limited Partnership, 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 15 through 19, inclusive, and Lots 82 through 85, inclusive, of the Final Map of Tract No. 5966 according to the map thereof recorded on :-Gbk.MbP�t` as , 20 IU in Volume $ 1 of Plats at Page(s) fob 1? U 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. 5966 was approved with conditions by the Fresno City Planning Commission on February 17, 2010; 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 Phase 1 of the Final Map of Tract No. 5966, 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. 5966 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. 5966 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 mariner 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 Special Solid Waste Disposal Services Final Map of Tract No. 5966 Page 5 DATED: PT�II', CITY OF FRESNO, COVENANTOR a Municipal Corporation BN Hudson Ranch L.P., Public Utilities Department a California Limited Partnership. Rene Ramirez, Director By: Bonadelle Homes, Inc., a California Corporation as the sole I Partner By: Robert . ndersen, Assistant Director By: G� hn A. Bonadelle, President APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney 1 By: nn ffin puty y rney Date: (Attach Notary Acknowledgment) STATE OF CALIFORNIA, COUNTY OF Fresco On Ag st 31, 2010 , before me, Army M. Rffm , a Notary Public, personally appeared Jc'n A. Bori&_lle who proved to me on the basis of satisfactory evidence to be the person) whose name( is/me•subscribed to the within instrument and acknowledged to me that he/she!the�� executed the same in his ri:rMteir authorized capacity(ies), and that by his. r signature(V on the instrument the person(, 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. (Notary seal or stamp) WITNESS my hand and ficial seal. SignatureANNA M. RENNA `��e. COMM. #1759837 NOTARY PUBLIC-CALIFORNIA ~ FRESNO COUNTY co My Comm.Expires Aug.30,2011 CLERK'S CERTIFICATION State of California ) County of Fresno ) On September 16, 2010 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 By00 � w Deputy +7rO pCT.1S i SUBORDINATION The Undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on May 3 , 20 10 in the office of the Fresno County Recorder, as Document No. 2010-0056413 of which the Deed of Trust in, by and between: BN HUDSON RANCH L.P.,A CALIFORNIA LIMITED PARTNERSHIP as Trustor FIRST AMERICAN TITLE INSURANCE 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. 5966, Phase 1 of Vesting Tentative Map No. 5966/UGM. DATED: August 17,2010 BENEFICIARY By: i?Jb+M Jaso,Subia Vice President Housing Capital Company By: (Beneficiary to print/type Name and Title; And attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California �, County of�9✓�,I�a Wcr OnAu4 . 17 2D t o before me, HaAA10 Date J, �',A Here Insert Name and Title o the Officer `��personally appeared V �Y) Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(.&) whose name(&) is/are subscribed to the within instrument and acknowledged to me that he/shoAl;&y executed the same in lhis/4eAkEk authorized RHONDA HAROLD capacity(.+es), and that by his/fir signatures) on the Comminion # 1701479 instrument the person(&), or the entity upon behalf of Notary Public -California which the person(s4 acted, executed the instrument. Fresno County MyCamm 600Od2111,2010 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(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 [I 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.Nationa]Notary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827