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Home My WebLink AboutT-6056 - Agreement/Covenant - Acknowledging Right-to-Farm Law - 12/29/2017 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: IIII III I IIII II II II IIII IIII IIIIIIII I IN I IN 1111 FRESNO County Recorder City Clerk City of Fresno Paul dlctoS, C.P.A. 2600 Fresno Street DOC— 2017-0168967 Fresno, CA 93721-3603 acct 8002-old Republic Title CONCORD Friday, DEC 29, 2017 08:00:00 - Tt 1 Pd $77.00 Rcpt # 0004912234 RGR/E3/3-14 NO FEE-Government Code 6103 CITY OF FRESNO Development& Resource Management Department STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT ACKNOWLEDGING RIGHT-TO-FARM LAW FOR THE FINAL MAP OF TRACT NO. 60561 .PHASE 1 OF VESTING TENTATIVE MAP NO. 6056 Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Tract No.6056 Page 2 RECITALS WHEREAS, WC ASHLAN HAYES, LLC, a California Limited Liability Company, hereinafter referred to as the "Covenantor," is the owner of that certain real property in the City of Fresno, County of Fresno, State of California, hereinafter referred to as the "Subject Property"and more particularly described as: Lots 1 through 116, inclusive and Outlot A and B of the Final Map of Tract No. 6056 according to the map thereof recorded on 2019 , in Volume$?of Plats at Page(s) 1]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, the Covenantor has filed and the City of Fresno has approved, Vesting Tentative Map No. 6056 for a 179-lot conventional single family residential subdivision, hereinafter referred to as the "Tentative Map;" and WHEREAS,the Covenantor has filed with the City of Fresno a Final Map of Tract No. 6056, hereinafter referred to as the "Final Map," pursuant to said Tentative Map; and WHEREAS, the City of Fresno desires to obtain covenants from the Covenantorto insure that the Subject Property is not developed, used,or maintained in such a way as to adversely affect adjoining properties. COVENANTS, CONDITIONS, AND RESTRICTIONS For favorable action on, and approval of, the Covenantor's application for approval of said Final Map, the Covenantor hereby covenants that the Subject Property shall be held, conveyed, V Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Tract No.6056 Page 3 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 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 acknowledges that the declared policy of Fresno County is to preserve,. protect, and encourage development of its agricultural land and industries for the production of food and other agricultural products and that the subject property is near agricultural districts which are located in the County of Fresno and that the residents of said property should be prepared to accept the inconveniences and discomfort associated with normal farm activities. Consistent with this policy, California Civil Code §3482.5 (right-to-farm law) provides that an agricultural pursuit,as defined, maintained for commercial uses shall not be or become a nuisance due to a changed condition in a locality after such agricultural pursuit has been in operation for three years. 2. The conditions of this Statement are intended to benefit the public and public properties. Accordingly, the City of Fresno shall have the right to enforce this Statement by any legal or equitable means against the Covenantor and such person.or persons in actual possession. of Subject Property who directly or who through any agent violate the terms hereof. All obligations of the Covenantor under this Statement shall inure solely to the benefit of the City of Fresno. There are no third party beneficiaries of such obligations nor shall the right of the City of Fresno be transferable in any manner to any person other than to a successor municipal corporation whose geographic boundaries include the Subject Property. 3. The foregoing conditions shall remain in full force and effect until such time as the City of Fresno, pursuant to the district amendment procedure of the Fresno Municipal Code, finds Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Tract No.6056 Page 4 the enforcement of such condition is no longer equitable. 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"attomeys'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. 6. The provisions of this Statement of Covenants 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 one provisions hereof. Whenever the context of the Statement of Covenants so requires, in interpreting this Statement of Covenants,any gender includes the other genders, the singular includes the plural, and the plural includes the singular. Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Tract No.6056 Page 5 DATED: D1---CCM Ea 11 ZO(7 CITY OF FRESNO, COVENANTOR a Municipal Corporation WC ASHLAN HAYES, LLC Development & Resource Management A California Limited Liability Company Department Jennifer K. Clark, Director By: JPF CAPITAL, LLC A California Limited Liability Company, Its Sole Member By: By: v JennVlark, Director Jo a Peterson, President APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney By: OY Ma aterman- oidge Deputy City Attorney Date: (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 ) County of 1Pre.S%A,0 ) On t A cNt,wJb.-cy U;, 10(l before me, \oy N 0tA V!::j?.Ab1-:, C_ , Date Here ln4t Name and tAle of the Officer personally appeared ��051 Ver�2��✓5 lSv1 Names)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person($) whose name( is/i re subscribed to the within instrument and acknowledged to me that he/sXe/they executed the same in his/hdr/thgfr authorized capacity(iK, and that by his/hdr/th6r signature(X)on the instrument the person(6), or the entity upon behalf of which the persono) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph JOY POENO is true and correct. NOTARY PUBLIC-CALIFORNIA 3 COMMISSION#2216801 WITNESS my ha and official seal. FRESNO COUNTY My Comm.Exp.September 23,2021 Signature Signature otary Public 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 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): ❑ 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: . ._ . . . _ ... = = =�c�c= = = - - 02016 National Notary Association •www.Nationa[Notary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 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 December 11, 2017 before me, Cherisea Barnes, Deputy City Clerk, personally appeared, Jennifer K. Clark, Director, Development and Resource Management Department (DARM)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. 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 YVONNE SPENCE, CMC City Clerk, City of Fresno 6�Sv OF FR�� • J O !s e a M1G' m By Deputy SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on A1 k in the office of the Fresno County Recorder as Document No. ?,(AV-d>- \'L5- bb of which the Deed of Trust in, by and between: Uf �\Ck" v�PS.LL_C_ ti a, �St k8 � ►bi\� uf, as Trustor, as Trustee, Clc�Ql/1Ai f; ��, LC, Gkt'%4t6 l�rAblk�M ft y,, A as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development Acknowledging Right-To-Farm Law for the Final Map of Tract No. 6056, Phase 1 of Vesting Tentative Map No. 6056. DATED:1yNTM C ,4' 2?1 BEN Y SSS Cm/ Q/2.6779r RX; L&�C' �} cAur-o/Lrr�� Ling i.2=A Z,IVI"rY COMP,97r i Name: �(1C7 �VLL� Title: By: A. Name: �GIFVAyAk Title: U--G& (Beneficiary to print/type 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 ) County of�1 1 A6 On 1\mwbe( V- ?_bA_-) before me, , Date -� Here Inse me and Title of the bfficer personally appeared Gt(1 t A PE2-k`/Ak Nameo) of Signer$) who proved to me on the basis of satisfactory evidence to be the persono whose name is/are subscribed to the within instrument and acknowledged to me that he/sheM-*y executed the same in his/herAeir authorized capacity(i�, and that by his/he644:v_Fr signature,(on the instrument the personof,, 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 KATRINA INGRAO is true and correct. Notary Public -California = WITNESSmy official se I. Z ,-:: Fresno County > Z Commission #2167877 My Comm Expires Oct 14,2020 Signature Signature o No ry Public 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 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): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General I_ I Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing:02016 National Notary Association •www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 -.-.-. ----- A c- - -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_nn\(_-) )OntS)Nk 1/1 C Ij Zt)�before me, "i�w , Date l Here Insert Na and Title of the O icer personally appeared Name of Signer(, who proved to me on the basis of satisfactory evidence to be the persono' whose name isfafe- subscribed to the within instrument and acknowledged to me that he/sheA+tey-executed the same in his/he6ghreir authorized capacity(iK and that by his/herAheir signature(K on the instrument the personX, or the entity upon behalf of which the personKacted, 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. KATRINA INGRAO WITNESS my a ial seal. Notary Public •California a =� Fresno County z Z Commission#2167877 = My Comm. Expires Oct 14,2020 Signature Signature of ary Public 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 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): ! I Corporate Officer — Title(s): E. Partner — ❑ Limited ❑General _l Partner — F-1 Limited 0 General ❑ Individual ❑Attorney in Fact 1 Individual n Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑ Other: ::1 Other: Signer Is Representing: Signer Is Representing: 02016 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on. June 15 , 20 16 , in the office of the Fresno County Recorder, as Document No. 2016-077130 of which the Deed of Trust in, by and between WC Ashlan Hayes, LLC, a California limited liability companyt.as Trustor, Old Republic Title Company,a California corporation as Trustee and Ashlan & Hayes Investments, LLC, a California limited liability company , Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development for the Maintenance of Certain Public Improvements for the Final Map of Tract No. 6056, Phase 1 of Vesting Tentative Map No. 6056. DATED.:. November 14, 2017 BENEFICIARY /��Qi��fy' cd/r►Pr9�Y By: By: Name: Darius Assemi Name: eema Assemi Title: Manager Title: anager 1 By: Name: Kevin Assemi Title: Manager (Beneficiary to prinbtype 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 ) County of On N1642y YAK IS 2-0-4 before me, (l Date D Here Insert N e and Title of the dfficer AS personally appeared �1.AACk N'l Name) of Signero who proved to me on the basis of satisfactory evidence to be the person( whose name) is/ere subscribed to the within instrument and acknowledged to me that he/ executed the same in his/herttheir authorized capacity , and that b his/herftheir signatureWon the instrument the person( , or the entity upon behalf of whichthe person(7acted, 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. KATRINA INGRAO WITNESS my hand n official seal. Notary Public-California Z Fresno County = Commission#2167877 Signature MY Comm. Expires Oct 14,2020 Signature of a Public 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 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): E. Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General C Individual ❑Attorney in Fact E. Individual ❑Attorney in Fact E.Trustee ❑Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02016 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 n / V 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 I I_t,�nA6 _ OnQ C before me,��1 ,�� VOiki N'' k� Date Here Insert N e and Title of the Officer personally appeared VVI - NameJ*of Signe who proved to me on the basis of satisfactory evidence to be the persong whose name is/are- subscribed to the within instrument and acknowledged to me that he/&sexecuted the same in his/I�rftheirauthorized capacity,and that by his/heA##w signature]on the instrument the personor, or the entity upon behalf of which the personxacted, 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. KATRINA INGRAO WITNESS my han and official seal. Notary Public-California Fresno County = Commission#2167877 - Signature My Comm Expires Oct 14,2020 Signature of' to Public 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 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): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual U Attorney in Fact ❑ Individual .:]Attorney in Fact ❑Trustee El Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02016 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 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 f -F On. � Ve. lUer 16,2D 1-7 before me, L1 Q L)ek VA, /Q0+-tLY-,/ Rkb j i(-. , DateHeree�In rt Name and Title f the Officer personally appeared 6� l lLcc f'C) j S e7m l Namef*"o'f Signer,(' who proved to me on the basis of satisfactory evidence to be the personol"whose name(,s/is/en- - subscribed to the within instrument and acknowledged to me that he/se}r-executed the same in his/herAheir authorized capacity(jas , and that byfiis/herftheir signature�zKbn 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. LIANA LEWA WITNESS m a and official al. commission#2078341 a =.s Notary Public-California z Z Fresno County D M Comm.Ex ires Au 17,2018. Signatureae Signature of Nota ublic 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 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: Ll Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — E. 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: 02016 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 �a _