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HomeMy WebLinkAboutT-6000 - Agreement/Covenant - 8/7/2012 (3) :ORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 08/07/2012,20120109727 NO FEE-Government Code 6103 M 0 CITY OF FRESNO LL Public Utilities Department Z O Solid Waste Management Division V W Vi Q W J a STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT PROVIDING SPECIAL SOLID WASTE DISPOSAL SERVICES FOR CERTAIN LOTS WITHIN FINAL MAP OF TRACT NO. 6000 Statement of Covenants Special Solid Waste Disposal Services Final Map of Tract No. 6000 Page 2 RECITALS WHEREAS, DE YOUNG WILLOW & NEES 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 14, 15, 29, 30, 31, 32 and 33, of the Final Map of Tract No. 6000 according to the map thereof recorded on 20J2 in Volume_2of Plats at Page(s)-S,�•$V , 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. 6000 was approved with conditions by the Fresno City Planning Commission on November 2, 2011; 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 the Final Map of Tract No. 6000, 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. 6000 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 before 5:30 a.m., the owners, lessees other tenants of the Subject Property shall place their solid waste containers at the edge of curb approximately 4-feet apart and not blocking any vehicle accesses in accordance with the City of Fresno's Solid Waste Management Division standards. (B) On solid waste service days, there shall be no parking of vehicles in the street along the cul-de-sac frontages of said Lots 29, 30, 31, 32 and 33. The cul-de-sac frontages shall be clear of vehicles by 5:30 a.m. (C) On solid waste service days before 5:30 a.m., the owners, lessees other tenants of the residential dwelling for Lot 14 shall place their solid waste containers at the edge of curb on or about the west property line of and in front of Lot 15 approximately 4-feet apart and not blocking any vehicle accesses and in accordance with the City's Solid Waste Management Division standards. (D) The Covenants, Conditions and Restrictions (CC&R) and the Real Estate Statement of Covenants Special Solid Waste Disposal Services Final Map of Tract No. 6000 Page 4 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 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 Statement of Covenants Special Solid Waste Disposal Services Final Map of Tract No. 6000 Page 5 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 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,6000 Page 6 DATED: L2.3 A 2 CITY OF FRESNO, a Municipal Corporation COVENANTOR Public Utilities Department DE YOUNG WILLOW & NEES L.P. Patrick Wiemiller, Director a California Limited Partnership By:Team 5 Properties, Inc. a California Corporation . Its Sole General Partner By:_ Robert N. Andersen, Assistant Director By: - QWA--� Jer e ,�Vrj ing, Pr sident APPROVED AS TO FORM: JAMES C. SANCHEZ. City Attorney 1 By: Talia K Iluri-Barbick Deputy City Attorney Date: (Attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT WI�CX c�c n.I r 5 C-�c I : State of California 1 County of On • I cX before me, 41 Date Here InssR Name anitle of the Officer personally appeared 41L3 Narna(sy &gneg8) who proved to me on the basis of satisfactory T' evidence to be the person(s) whose name(* is/are subscribed to the within instrument and acknowledged to me that he/s4ef4y executed the same in his/bs&4 _* authorized capacity(iAs), and that by his/4@64 ietr signature(s) on the instrument the person(&), or the entity upon behalf of which the person() 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. BRENDA C. POE COMM. #1868032 NOTARY PUBLIC-CALIFORNIA WITNESS my hand and official seal. FRESNO COUNTY My Comm.Expires November 8,2013 Signature: Place Notary Seal and/or Stamp 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 f. Title or Type of Document: Document Date: Number of Pages: fa Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer—Title(s): I-Corporate Officer—Title(s): ❑ Individual ❑Individual © Partner Limited ❑General Top of thumb here ❑Partner—❑Limited ❑General Top of thumb here ❑ Attorney in Fact !.�Attorney in Fact ❑ Trustee !i Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ©Other: Signer Is Representing: Signer Is Representing: i 02008 National Notary Association•9350 De Solo Ave.,P.O.Box 2.402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800.876-6827 CLERK'S CERTIFICATION State of California) County of Fresno ) On July 23, 2012, before me, Stacey Woo, Deputy City Clerk, personally appeared Robert N. Andersen, Assistant Director of the 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 be 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), acted, executed the instrument. I certify under PENALTY OR 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 epu D r� G `y •�rtL QL1. ll i I SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on ,,��„ ,(5 , 20. in the office of the Fresno County Recorder, as Document No. ,-N-- __. of which the Deed of Trust in, by and between: �1Eye(WA 1JIluW,me45 I—e' a as Trustor as Trustee and L FJ 1119 i- .CI (crllf�Tr /] n �'�1 ��f1 _ 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. 6000. DATED: G IN Q 2 BENEFICIARY 0� By: HOWARD HAO CEE C./ Na JAMES A. LEMMK UHL Commission# 1855536 ICE PRESIDENT .-+: Notary Public-California D Title: z Santa Clara County My Comm.Expires un?F,2013~ By: Name: i Title: I (Beneficiary to print/type Name and Title; and attach Notary Acknowledgment) J! CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of <f �t /.�,5!� On t2(kq before me, bA l�� ►' Date re Insert Name and Tillelof the Officer y personally appearedA. ���`",. In Name(s)of Signer(s) F F who proved to me on the basis of satisfactory evidence to be the persons} whose name(* Wafer subscribed to the within instrument and acknowledged to me that he/4eA4ey executed the same in HOWARD HAD LEGE his ;Q4 authorized capacity(ies}, and that by Commiaafon 1� 1855596 [[ his/weir signaturefsj- on the instrument the Notary Public-California z person(s)- or the entity upon behalf of which the Z Santa Clara County ' person(s}acted, executed the instrument. My Comm.Expires Jun 26,2013 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 and/or Stamp Above Signat.re_7N—otar, 4c 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 VICINIQUE ❑ Individual ❑ Partner—❑Limited ❑General Top of thumb here ❑ Partner—❑Limited ❑General Top of thumb here ❑ Attorney in Fact ❑Attorney in Fact F ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator Ci Other: ❑Other: Signer Is Representing: Signer Is Representing: ©2008 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-878-6827