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HomeMy WebLinkAboutT-6131 - Agreement/Covenant - Special Solid Waste Services - 8/29/2017 Iv RECORDING REQUESTED BY AND IIII III I IIII II II II IIII I III III II IIII I IIII I III III II WHEN RECORDED MAIL TO: FRESNO County Recorder Paul Dictos, C,P,A, DDC— 2017-0108492 City Clerk Acct 8003-North American Title Concord City of Fresno 2600 Fresno Street Tuesday, AUG 29, 2017 08:00:00 Fresno, CA 93721-3603 Ttl Pd $90.00 Rcpt # 0004834225 RGR/R4/3-12 NO FEE -Government Code 6103 -- - - -- CITY OF FRESNO Public Utilities Department Solid Waste Management Division STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT PROVIDING SPECIAL SOLID WASTE DISPOSAL SERVICES FOR CERTAIN LOTS WITHIN THE FINAL MAP OF TRACT NO. 6131, PHASE 1 OF VESTING TENTATIVE MAP NO. 6131 Statement of Covenants Special Solid Waste Disposal Services Final Map of Tract No. 6131 Page 2 RECITALS WHEREAS, P.R. FARMS, INCORPORATED, 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 155 through 178, inclusive of the Final Map of Tract No. 6131 according to the map thereof recorded on ,4uou-d 29,�2jQ19 in Volume `L of Plats at Pages hrLd !'-1 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. 6131 was approved with conditions by the Fresno City Planning Commission on October 5, 2016; 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. 6131,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. 6131 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 and they 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. 6131 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. a Statement of Covenants Special Solid Waste Disposal Services Final Map of Tract No. 6131 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 9enders, the singular includes the plural, and the plural includes the singular. h Statement of Covenants Special Solid Waste Disposal Services Final Map of Tract No. 6131 Page 6 DATED: UKVfr 3 28 7 CITY OF FRESNO, COVENANTOR a Municipal Corporation P.R. FARMS, INCORPORATED, Public Utilities Department A California Corporation Thomas Esqueda, Director . —: 1�' , I — Patrick V. Ricc iuti, resident (SEORGRANNE WHITE, ASSISTANT 0/IQEGTeR APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney By: Mary R rman-Doidge Dep&y City Attorney Date: (Attach Notary Acknowledgment) 19 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 Fresno ) On June 29, 2017, before me, Isabel F. Trejo, a Notary Public, personally appeared PATRICK. V. RICCI-IIUTI, who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the sarne 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) Meted. executed the instrument. I certify under PENAL'T'Y OF .PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ISABEL F.TREJO ,t Commission#2127889 i .o Notary Public-California = Signature: — Z Fresno County my Comm.Wires Oct 21,2019 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 August 7, 2017 before me, Cherisea Barnes, Deputy City Clerk, personally appeared, Georgeanne White, Assistant Director, 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 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. 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 � of ag44� 4.q � _ B y Deputy $-"1.20%"1 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on June 24, 2016, in the office of the Fresno County Recorder, as Document No. 2016-0081788-00 of which the Deed of Trust - in, by and between P.R. FARMS, INCORPORATED, a California corporation; P-R FARMS, INCORPORATED; P-R FARMS, INC., a California corporation; P-R FARMS, INCORPORATED, a California corporation; P.R. FARMS, INC., a California corporation; PALOMATE PACKING CO., INC., a California corporation; PALOMATE PACKING CO., INC.; and PATRICK V. RICCHIUTI, as trustee of the Patrick Vincent Ricchiuti Family Trust, all collectively referred to as Trustor; CENTRAL VALLEY COMMUNITY BANK, a California corporation, as Trustee; and CENTRAL VALLEY COMMUNITY BANK, a California corporation, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest hereto 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. 6131, Phase 1 of Vesting Tentative Map No. 6131. Dated: 4��, 2017 "Beneficiary" CENTRAL VALLEY COMMUNITY BANK, a California corporation By: 46; �-- Name: �A-'►2,0CAA.,Y,.,4 > Its: frv/ q- C(--p By: Name: Its: (Beneficiary to print/type document information, Name, Title and attach Notary Acknotivledgment) 0\ 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 Califo isp C ) County ofi On T —H-3 before me, Date He Insert Name and Title of the OA cer personally appeared � �G ell( 1-ria/-7 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persor_ipf-whose nameois/a� subscribed to the within instrument and acknowledged to me that he/sl; f e xecuted the same in his/ sir authorized capacity(�and that by his/her/thtei signaturef the instrument the persor6%�_ or the entity upon behalf of which the perso50-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 han and official seal. A.MARIE PEREZ Commission#2136938 i Notary Public-California = Signature Fresno County Signature of Notary ublic M Comm.Expires Dec 14,2019 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Docu ent 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): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association - www.NationaiNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 �0 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on June 24, 2016, in the office of the Fresno County Recorder, as Document No. 2016-0081789-00 of which the Deed of Trust in, by and between P.R. FARMS, INCORPORATED, a California corporation; P-R FARMS, INCORPORATED; P-R FARMS, INC., a California corporation; P-R FARMS, INCORPORATED, a California corporation; P.R. FARMS, INC., a California corporation; PALOMATE PACKING CO., INC., a California corporation; PALOMATE PACKING CO., INC.; and PATRICK V. RICCHIUTI, as trustee of the Patrick Vincent Riechiuti Family Trust, all collectively referred to as Trustor; CENTRAL VALLEY COMMUNITY BANK, a California corporation, as "Trustee; and CENTRAL VALLEY COMMUNITY BANK, a California corporation, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest hereto 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. 6131, Phase 1 of Vesting Tentative Map No. 6131. /]u6uST Dated: 34y /, 2017 "Beneficiary" CENTRAL VALLEY COMMUNITY BANK, a Cali{ornia corporation By: ra W, Name: CA1.,1AAtj Its: fy Py- (f cc By: Name: Its: (Beneficiary to print/type document information, Name, Title and attach Notary Acknowledgment) 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 C ) Countlf ,5no ) On U IJP? before me, a'�1 b1 Date Here Insert Name and 7itle of the Offi er personally appeared 11/4e— Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose nam j*is/g subscribed to the within instrument and acknowledged to me that he/executed the same in his/herAH c;-authorized capacity(q } and that by his/herr signaturg ea the instrument the persor 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. A.MARIE PEREZ WITNESS my hand and official seal. Commission#2136938 Z Notary Public-California Z Fresno County M Comm.Ex ires Dec 14,2019+ Signature Si nature of N tary Publi Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Doc ment Title or Type of Document: .�0 in 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): ❑ Partner — ❑ Limited ❑ General ❑Partner — ❑ Limited ❑General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association •www.NationaiNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907