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Home My WebLink AboutT-4493 - Agreement/Covenant - 6/29/2006 (3) CIR OF i FFSNO DEVF!0FY":N1 O'MRIVENT r • 25C0 t t'Esji,io 'IPEET FRESNO CA 93721.360 i Recording Re^uested by City Clerk, Fresno, California No Fee-Govt. Code 6103 Return to , Fresno 10/19/2001,20010183882 PLEASE CONFORM ABOVE'SPACE FOR;RECORDEWSi USE P.W. File No. 10309 Planning and Development Department City of Fresno STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT (Vesting Tentative Tract No. 4493) Right-to-Farm RECITALS A. THE McCAFFREY GROUP, INC., a California Corporation, 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 in attached Exhibit "A". B. 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. C. All such instruments of Subordination, if any, are attached hereto and made a part of this instrument. D. The Covenantor has applied to the City of Fresno for a subdivision map which would subdivide the subject property into a 285-lot single family residential development O , Statement of Covenants Affecting Land Development Right-to-Farm Vesting Tentative Tract No. 4493 Page 2 project (including two outlots for future residential development within the site of Vesting Tentative Tract No. 4493). E. The City of Fresno desires to obtain covenants from the Covenantor to 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 a Final Map of Vesting Tentative Tract No. 4493 for the Subject Property as referred to hereinabove, 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 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. 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 6� Statement of Covenants Affecting Land Development Right-to-Farm Vesting Tentative Tract No. 4493 Page 3 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. B. The single-family residential subdivision shall be developed in substantial conformance with "Revised" Vesting Tentative Tract No. 4493 dated May 28, 1997 with Conditions of Approval dated October 6, 1993 and the R-1/UGM zone district. 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. r • Statement of Covenants Affecting Land Development Right-to-Farm Vesting Tentative Tract No. 4493 Page 4 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 the enforcement of such condition is no longer equitable. 4. The provisions of this Statement 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 so requires, any gender includes the other genders, the singular includes the plural, and the plural includes the singular. Statement of Covenants Affecting Land Development Right-to-Farm Vesting Tentative Tract No. 4493 Page 5 DATED: Oc�. r 9200 COVENANTOR CITY OF FRESNO, a Municipal Corporation THE McCAFFREY GROUP. INC, a California Corporation By Ni . Yovino, Director By: T' Pla ing and Development Department Robert A. McCaffrey, President APPROVED AS TO FORM: By: David Ciabattari, HILDA CANTO MONTOY Chief Operating Officer City Attorney Z &/ (Attach Notary Acknowledgment) By Deputy ATTEST: REBECCA E. KLISCH CITY CLERK By - ---lJ- 0 puty STATE OF CALIFORNIA ) SS. COUNTY OF FRESNO ) On September 24, 2001, before me, the undersigned,a Notary Public for the State of California, personally appeared, Robert A. McCaffrey and David Ciabattari, personally known to me(or 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 capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity(ies) on behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public L.S. My Commission Expires: A ril 29,I20LC3 NICOLE M. GALVAN Comm.01211490 to NOTARY PUBLIC-CALIFORNIA Fresno County r'`.,^..w. My Comm. Expires April 29,2003� CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) On /0//2- , 2001 before me, personally appeared -ZG� /�• uo-" personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons(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(s) the person(s). or the entity upon behalf of the CITY OF FRESNO of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. REBECCA E. KLISCH CITY CLERK By DEPUTY Tract No. 4493 P.W. File No. 10309 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on April 29, 1996, in the office of the Fresno County Recorder as Document No. 96- 054302 of which the Deed of Trust in by and between Trend Homes, Inc., a California Corporation, as Trustor, American Securities Company, a California Corporation, as Trustee, and Wills Fargo Bank, a National Association, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development for Right-to-Farm for Tract No. 4493, Phase I of Tentative Tract No. 44931UGM 524. DATED: September 19 2001 BENEFICIARY WELLS FARGO BANK A National Association By: er,!,e ty-) Kristin P. Miller Vice President By: 4ZI Lisae Udent Vice (Attach Notary Acknowledgement) STATE OF CALIFORNIA COUNTY OF Contra Costa ss. On this 19'h day of September , 20 01 , before me, Laurie M. Geiger a Notary Public in and for the State of California, personally appeared Kristin P. Miller and Lisa Z. Schaeffer personally known to me (or proved on the basis of satisfactory evidence) to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that Wthey executed the same in 4is�their authorized capacity(ies), and that by iii A*4their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal Signatu a �G LAURIE M. GEIGER apron#1264901 I�bIW Public-Caomw I— My commission expires June 19, 2004 lie C0*0 Costa Courtly ��g�yasJuni9.� EXHIBIT "A" STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT (Vesting Tentative Tract No. 4493) Right-to-Farm The Subject Property referred to in these covenants is situated in the State of California, County of Fresno, City of Fresno and is described as follows: PARCEL A: PARCEL 2 of Parcel Map No. 6101, recorded in Book 38 page 80 of Parcel Maps, in the City of Fresno, Fresno County Records; TOGETHER WITH Parcel 1 of said Parcel Map No. 6101, recorded in Book 33, of Parcel Maps, Fresno County Recorded; EXCEPTING from said Parcel 1 that portion described as follows: BEGINNING at the Northeast corner of said Parcel 1; thence South 00006'16" East, along the East line of said Parcel 1 , a distance of 206.17 feet; thence North 89054'54" West, a distance of 156.83 feet; thence North 00°30'31 " West, a distance of 205.89 feet; thence 89°58'44" East, along the North line of said Parcel 1, a distance of 158.28 feet to the POINT OF BEGINNING. ALSO EXCEPTING from said Parcel 2, 100% of all oil, gas, minerals and all other hydrocarbon substances, but without the right of surface entry above a depth of 500 feet, as reserved by John W. Rajskup, in that certain Grant Deed recorded July 1, 1982 in Book 7932 of Official Records at page 531, Fresno County Records. PARCEL B: PARCEL 4 of Parcel Map No. 4314, according to the map recorded in Book 28, pages 57 of Parcel Maps, Fresno County Records; EXCEPTING THEREFROM all oil and mineral rights, as reserved in the deed from Eva Morgan Noble, et al, recorded March 16, 1949 in Book 2733 page 418 of Official Records, Document No. 13281. F744M Statement of Covenants R1ght4o-Fann.wpd