HomeMy WebLinkAboutT-5464 - Agreement/Covenant - Special Solid Waste Disposal Services - 12/5/2018 • t r `�I'�``{� p M u
RECORDING REQUESTED BY AND mill rtr'ill"aNZol�r��l rir��`'IYi11 jij &muipu 11111
WHEN RECORDED MAIL TO: 2018-0145156
FRESNO County Recorder
City Clerk Paul D i ctos, CPA
City of Fresno Wednesday, Dec 05, 2018 08:00:00 AM
2600 Fresno Street Titles: 1 Pages: 8
Fresno, CA 93721-3603 Fees: 0.00
CA SB2 Fee: 0.00
Taxes: 0.00
Total: 10.00
CITY OF FRESNO
NO FEE-Government Code 6103
CITY OF FRESNO
Public Utilities Department
Solid Waste Management Division
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STATEMENT OF COVENANTS AF G LAND DEVELOPMENT
PROVIDING SPECIAL SOL A E DISPOSAL SERVICES
FOR CERTAIN LOTS WIT INAL MAP OF TRACT NO.
5464, PHASE 1 OF VE ENTATIVE MAP NO. 5464
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DOC#2018-0145156 Page 2 of 8
Statement of Covenants
Special Solid Waste Disposal Services
Final Map of Tract No. 5464
Page 2
RECITALS
WHEREAS, KB HOME SACRAMENTO, INC., a California Corpora hereinafter
referred to as the "Covenantor," is the owner of the real property sifttuate of Fresno,
County of Fresno, State of Califomia, hereinafter referred to as the "S r e and more
particularly described as follows:
Lots 14, 15, 16, 17 and 18 of the Final Map of ct No. according to
the map thereof recorded on Da C .S 20 lume EF of
Plats at Pages 39 !t �n , Fresn ecords;
and
WHEREAS, the Covenantor hereby wa is and all parties having record title
interest in the Subject Property which may ' n into ee have subordinated to this instrument
and that all such instruments of Subordin 'o if re attached hereto and made a part of this
instrument; and
WHEREAS, Vesting Tenta ' o. 5464 was approved with conditions by the Fresno
City Planning Commission on Au 3 , 005; and
WHEREAS, the co ' 'ons approval of said Tentative Map require the City of Fresno
("City") to provide solid w dis osal services; and
WHEREAS de ' of the Final Map of Tract No. 5464,filed pursuant to said Tentative
Map, affects the ssi ity to the Subject Property and prevents normal curbside solid waste
disposal se t provided by the City; and
, the Covenantor requests the City to provide special solid waste disposal
se o the Subject Property.
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DOC#2018-0145156 Page 3 of 8
Statement of Covenants
Special Solid Waste Disposal Services
Final Map of Tract No. 5464
Page 3
COVENANTS, CONDITIONS, AND RESTRICTIONS
For favorable action on, and approval of the Covenantor's request that a City provide
special solid waste disposal services,the Covenantor hereby covenants a Property
shall be held, conveyed, encumbered, used, occupied, developed, i and improved
subject to the following covenants, conditions and restrictio i for the purpose of
enhancing attractiveness, usefulness, value and desirabi. of th Subject Property, the
surrounding property, and the public at large and to min' ossible adverse effects on the
public health, safety, peace, and general welfare. a covenants, conditions, and
restrictions contained in this Statement of Cove n the Subject Property and shall be
binding on each successive owner of Subje roperty and his heirs, administrators,
successors, and assigns.
1. Covenantor hereby coven ows:
(A) On solid w e i days, there shall be no parking of vehicles allowed
in the cul-de-sac and c c frontages of the Subject Property shall be clear of all
vehicles by 5:30 a. .
(B) a venants, Conditions and Restrictions(CC&R) and the Real Estate
Disclosure ort s all provide notice to the owners of the Subject Property of such
restrictio soli waste services and owners shall provide written notice to each lessee,
tena bsequent buyer that such restriction e)dst.
The conditions of this Statement of Covenant are intended to benefit the public and
p c perties. Accordingly, the City shall have the right to enforce this Statement of
by any legal or equitable means against the Covenantor and such person or persons in
a I possession of the Subject Property who directly or who through any agent violate the terms
DOC#2018-0145156 Page 4 of 8
Statement of Covenants
Special Solid Waste Disposal Services
Final Map of Tract No. 5464
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 su sor municipal
corporation whose geographic boundaries include the Subject Property.
3. The conditions and obligations of this Statement of Co h I remain in full
force and effect until such time as the City Director of the P partment issues a
written release of such conditions and obligations and recur such r I ase in writing with the
Fresno County Recorder.
4. If either party is required to commence p� ng or legal action to enforce or
interpret any term or condition of this State ;;i4ant, the prevailing party in such
proceeding or action shall be entified to from other party its reasonable attorney's fees
and legal expenses. For the purposes of i St nt of Covenant, "attorneys'fees"and"legal
expenses" include, without limitation, p s ees and expenses, attorneys, consultants fees
and expenses, expert witness fe enses, and all other expenses incurred by the
prevailing party's attorneys in co e of the representation of the prevailing party in
anticipation of and/or duri e e of litigation, whether or not otherwise recoverable as
"attomeys'fees" or as"co " un r California law, and the same may be sought and awarded in
accordance with C mia cedure as pertaining to an award of contractual attomeys'fees.
5. T iv e by either party of a breach by the other of any provision of this
Statement C� nt shall not constitute a continuing waiver or a waiver of any subsequent
breach of ' er a same or a different provision of this Statement of Covenant. No provisions
of to nt of Covenant may be waived unless in writing and signed by all parties to this
Co Waiver of any one provision herein shall not be deemed to be a waiver of any other
ro i ion herein.
DOC#2018-0145156 Page 5 of 8
Statement of Covenants
Special Solid Waste Disposal Services
Final Map of Tract No. 5464
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 hereo . Whenever the
context of the Statement of Covenant so requires, in interpreting this Sta enant, any
gender includes the other genders, the singular includes the plural, a I i cludes the
singular.
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DOC#2018-0145156 Page 6 of 8
Statement of Covenants
Special Solid Waste Disposal Services
Final Map of Tract No. 5464
Page 6
DATED: SEPTEM 6Z -2Y2-01?
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
KB HOME SACRAM ,
Public Utilities Department A Califomia Corporation
Michael Carbajal, Director
,... � By:
Michael Carbaja , Directo L ,
I t Forward Planning
a evelopment
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
By:
Mary Rat a - o' e
Dep City Attor
Date:
(Attach Notary Acknowledgment)
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DOC#2018-0145156 Page 7 of 8
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California
County of Placer
On 8/13/2018 before me, Samantha See-ine Lau IC
Date Here Insert Name Title e Officer
personally appeared Leo Pantoja
Names)of Sign s)
who proved to me on the basis of satisfactory evidence to be the ose name(s) is/are subscribed
to the within Instrument and acknowledged to me that he/shefth a ed the same In his/her/their
authorized capacity(les), and that by his/her/their signature(s)on u ent the person(s),or the entity
upon behalf of which the person(s) acted, executed the Ins"n
I c er PENALTY OF PERJURY under the
laws f the State of Callfomia that the foregoing
SAMANTHA SEE-INE UW ara ph is true and correct
Notary Public•California
Placer County WITNESS my hand and official seal.
Commisslon#2246911
My Comm.Expires Jun 21,20
Signature
Place Notary Seal and/or Stam vie Signature Not P is
OPTIONAL
Completln is motion can deter alteration of the document or
froudul ac ment of this form to an unintended document
Description of Attach t nt of Covenants Affecting Land Development Providing Special Sc id Waste
s0a Services for Certain Lots Within The Final Map of Tract No. 5464, Phase 1 of
Title or Type of D g T@ntative Map No 5464
Document Date: 1 201 Number of Pages: 8
Slgner(s) Oth an ed Above: Michael Carbajal, Mary Raterman- Doidge
Capac i by Signers)
Signer's Signer's Name:
11Cor a r— by
❑ Corporate Officer—Title(s):
❑ Partn — ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General
❑ ❑ Attorney In Fact ❑ Individual ❑ Attorney in Fact
stee ❑ Guardian of Conservator El Trustee ii Guardian of Conservator
❑ r. ❑ Other:
n s Representing: Signer is Representing:
17 National Notary Association
DOC#2018-0145156 Page 8 of 8
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document,to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document
CLERK'S CERTIFICATION
State of California )
County of Fresno )
On September 24, 2018 before me, Cherisea Bames De Clerk, personally appeared,
Michael Carba•al Interim Assistant Director Department o b Utilities of the City of Fresno
who proved to me on the basis of satisfactory eviden a person(s)whose name(s)
is/are subscribed to the within instrument and a o to me that he/she/they executed
the same in his/her/their authorized capacity(ies), y his/her/their signature(s)on the
instrument the person(s), or the entity upon half o ich the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY lazws of the State of California that the
foregoing paragraph is true and correct
WITNESS my hand and official se
YVONNE SPENCE, CMC
City Clerk, City of Fresno of F,?,
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