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HomeMy WebLinkAboutT-6045 - Agreement/Covenant - 12/24/2014 (2) WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 NO FEE-Government Code 6103 1211712014,20140141465 CITY OF FRESNO O Public Utilities Department Z Solid Waste Management Division O O W w J STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT PROVIDING SPECIAL SOLID WASTE DISPOSAL SERVICES FOR CERTAIN LOTS WITHIN THE FINAL MAP OF TRACT NO. 6045, PHASE 1 OF VESTING TENTATIVE MAP NO. 6045 Statement of Covenants Special Solid Waste Disposal Services Final Map of Tract No. 6045 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 34, 35, 36 and 37 of the Final Map of Tract No. 6045 according to the map thereof recorded on l)ecpxy1ber 1:10ao1j, in Volume -814 of Plats at Page(s) 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. 6045 was approved with conditions by the Fresno City Planning Commission on April 2, 2014; 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. 6045, 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. 6045 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. 6045 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. 6045 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. 6045 Page 6 DATED: .ve) -227Qrr _2-' CITY OF FRESNO, COVENANTOR a Municipal Corporation COPPER RIVER 74, INC., Public Utilities Department A California Corporation Thomas Esqueda, Director By: - 1����Y By: . _ Q �e f �chuber, ssistant Director 'f) s ssemi, President I APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney By: Mary,. terman-Doidge uty City Attorney Date: ` / I a+q (Attach Notary Acknowledgment) CLERK'S CERTIFICATION State of California) County of Fresno ) On November 26, 2014, before me, Cindy Bruer, Deputy City Clerk, personally appeared Jerry L. Schuber, Assistant Director of the Department of Public Utilities of the City of Fresno 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 B OF F'hfi� y s ❑ u v R a +erre utz CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of p On 2-0 114 before me, 1.�� P ii A LE� UkAj c�gg7y i;►c ate ,q Name and Title of the Officer personally appeared LLS Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person hose nameWisl4re subscribed to the within instrument and acknowledged to me that he/awti� executed the same in hisliWt�err authorized capacity i and that by hislt3efl6signature ,W on the instrument the personjs)' or the entity upon behalf of which the LIANA LEYVAperson acted, executed the instrument. Commission#2078341 Notary Public-California z I certify under PENALTY OF PERJURY under the laws z Fresno County n of the State of California that the foregoing paragraph vycow-E=SIL20181 is true and correct. WITNESS mMnnd off tial s 1. Place Notary Seal Above Signature: Signature of Notary qbfic QPTION Though this section is optional, completing this infor _tion can deter alteration of the document or fraudulent reattachment of this fQr to an unintended document. Description of Attached Document Title or Type of Document: Document Date: . Number of Pages: Signer(s) Oth Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer—Title(s/rConszervator ❑ Corporate Officer—Title(s): ❑ Partner— ❑ Limited ❑Gene [] Partner— ❑ Limited ❑ General ❑ Individual ❑Attorney ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardia ❑Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0;2013 National Nota Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) (tem 95907 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on September 29 ,20 14 , in the office of the Fresno County Recorder,as Document No. 2014-0107625 of which the Deed of Trust in, by and between Copper River 74, Inc., a California corporation , as Trustor, Old Republic Title Insurance 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 the Final Map of Tract No. 6045, Phase 1 of Vesting Tentative Map No. 6045. DATED: 2 4[i BENEFICIARY 0, �, I-AN < N/IT7dNAL A S.SaGf4%/ON o/Cf lA 1,VaS1w6 c;4P� -,ft can P^y B �a 'j By: Name: Thomas G. Walker Title: Senior Vice President By: Name: Title: (Beneficiary to prinbtype document information, Name, Title and attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of av_C61AA On -4-ubefore me, 1 ` C�`� @VaA , P"C-7?A-�—y RuItLiC_ pals Hare Insarl Name and Ti1In of iho Olficor ' r personally appeared Name{sJ of ignar{s} who proved to me on the basis of satisfactory evidence to be the persono whose named isla/e subscribed to the within instrument and acknowledged to me that he/sV6/t1j6y executed the same in hisih6roeir authorized NICOLE SHA Commission # 1973611 l�, , Z capacity(iand that by hi5lh�rlth,�ir signature(6) on the Notary Public-California Zinstrument the person(,a'}, or the entity upon behalf of Fresno County which the person(?) acted, executed the instrument. CDmiLExDir4sA_Pr26_2d1 s A I certify under PENALTY OF PERJURY under the laws Cornrnission•1973611 of the State of California that the foregoing paragraph is No4ry Public-C211111O1 Fresno County , true and correct. My Gomm. rtes 26,zf]iti WITNESS my hVYVOA2 offici Signature Place Notary Seal Above ....lure 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: Num 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 GjWELLQNM ❑Attorney in Fact 0 ❑ Trustee / Top of thumb here 11Trustee Top of thumb here [I Guardian or Conservator ❑Guardian or Conservator Z [I Other: ❑ Other: Signer Is Repr7t Ing: Signer Is Representing: ©2007 National Notary Association•9350 De Soto Ave,P.O.Bax 2402•Chatsworth,CA 91313-2402•www.NationaiNotary.org Item#5907 Reordar:CaitTolt•Free 1-@00.876 7