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Home My WebLink AboutT-4598 - Agreement/Covenant - 9/29/2005 (10) .'1 t .. y y + 0 WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 0 /29/2995,20059230091 C� LaJ CY_ p,w O p U NO FEE - Government Code 6103 U CITY OF FRESNO Planning and Development Department STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT ACKNOWLEDGING RIGHT-TO-FARM LAW FOR TRACT NO. 45981 PHASE I OF VESTING TENTATIVE MAP TRACT NO. 4598 Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Tract No. 4598 Page 2 RECITALS WHEREAS, LAFFERTY GDCI FRESNO L.P.,a Delaware Limited Partnership, 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 86, inclusive, of Tract No.4598 according to the map thereof recorded on Ce_0ho a2g , 20a�j-in Volume 93 of Plats at Page(s) (o l 4- J 2 , 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. 4598 for a 195-lot single family residential development project, hereinafter referred to as the "Tentative Map;" and WHEREAS,the Covenantor has filed with the City of Fresno a Final Map of Tract No.4598, hereinafter referred to as the "Final Map," pursuant to said Tentative Map; and WHEREAS, 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 said Final Map, 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, Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Tract No. 4598 Page 3 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 the enforcement of such condition is no longer equitable. y Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Tract No. 4598 Page 4 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 Acknowledging Right-to-Farm Law Tract No. 4598 Page 5 DATED: CITY OF FRESNO, COVENANTOR a Municipal Corporation LAFFERTY GDCI FRESNO L.P. a Delaware Limited Partnership By By: LAFFERTY/LANDCASTLE, LLC '1'ickPfVovino, Director a California Limited Liability Company Pla ng and Development Department its General Partner. By: i f r Managing Member APPROVED AS TO FORM: HILDA CANTO MONTOY City Attorney (Attach Notary Acknowledgment) BY Deputy LD&E FORM Covenant Right to Farm v7-3-03 louisr 4-02-04;Revised 09-15-2004 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California /��1 ` ss. County of \ ,CjV,' r �os�a On -II Q Ln before me, C AV_0� `2t`r�c,�r Dat Ndme and Title of Office±e. r ( g.,"Jane Doe,Notary Public personally appeared Nanne(s)of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence , to be the persons} whose name.(.s•} is/are— CAROLW MM subscribed to the within instrument and Commission#1674491 acknowledged to me that he/sheA ey executed Notary PubfiC.CalfaM the same in his/h®rftf eir authorized Contra Costa County capacityUs� and that by his/weir My Comm.Fx ms Apt 27,2009 signatur�s)-on the instrument the persoa(ej,Dr the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and /official seal. Signature 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: Number of Pages: _ Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here 11 Corporate-Officer—Ttle(s): ❑ Partner—❑ Limited ❑General El Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing:. 01999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402-www.NatfonalNotary.org Prod.No.5907 Reorder:Call Toll-Free 1.600.676.6627 CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On September 2,2005, before me, Elvia Sommerville,Deputy City Clerk,personally appeared, Nick P. Yovino, Planning and Development Director , known to me (or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) 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 City Seal. REBECCA E. KL/SCH, CMC CITY CLERKBy CP Deputy ^ Sepieniber 2,"2@)5(8:44am) Tract No. 4697/UGM P.W. File No. 10545 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on July 30, 2004, in the office of the Fresno County Records, Document No. 20040167603, of which the Deed of Trust in by and between: Lafferty GDCI Fresno, L.P., a Delaware Limited Partnership as Trustor, Fidelity National,Title Company, as Trustee, and Ohio Savings Bank, a federal savings bank, 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 Tract No.4598, Phase I of Vesting Tentative Map Tract No. 4598/UGM DATED: Z47 Z12!2 5; TRUSTEE / BENEFICIARY` ire., (Attach Notary Acknowledgement) CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of San Bernardino }SS. On July 26, 2005, before me, Thanhliem Brenda Le, Notary Public, personally appeared Victor P. Bessette, personally known tome ❑ proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to THANHLIEM.BRENDA the within instrument and acknowledged to me Commission ti 1398188 F that he executed the same in his authorized w Notary Public—ColltorNO I capacity, and that by his signature on the Son Bernardino County L instrument the person, or the entity upon behalf My Comm.ExpIresFeb4,2AQ7 of which the person acted, executed the instrume E my hand d o I �al Place Notary Seal Above Sig re ary. blic 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: Statement of Covenants Affecting Land Development Acknowledging Right-To-Farm Law for Tract No.4598, Phase I of Vesting Tentative Map Tract No.4598 Document Date: N/A Number of Pages: 8 Signer Other Than Named Above: Capacity Claimed by Signer Signer's Name: Victor P. Bessette ❑ Individual ® Corporate Officer--Title: Vice President Top of thumb here ❑ Partner--❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Ohio Savings Bank Signer's Name: ❑ Individual ❑ Corporate Officer--Title: 'fop of thumb here ❑ Partner--❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Other: Signer Is Representing: fr A CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of San Bernardino ISS. On July 29, 2005, before me, Thanhliem Brenda Le, Notary Public, personally appeared Gary L.Arnett, ® personally known tome ❑ proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the roTHANHLIEM BRENDA LE instrument the person, or the entity upon behalf Commission# 1398188 of which t e person act , executed the p Notary Public—CdllfOrl" € instrume San Bernordtnno Coo n f MyComm.F 20037 WI NE m hand ici Is Place Notary Seal Above SigrYatVe o ary Pub c OPT ONAL Though the information below is not required by law, it may prove va uable 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: Statement of Covenants Affecting Land Development Acknowledging Right-To-Farm law for Tract No.4598, Phase I of Vesting Tentative Map Tract No.4598 Document Date: n/a Number of Pages: 9 Signer Other Than Named Above: Capacity Claimed by Signer Signer's Name: Gary L.Arnett ❑ Individual Top of thumb here ® Corporate Officer--Title: vice President ❑ Partner-- ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Ohio Savings Bank Signer's Name: ❑ Individual ❑ Corporate Officer--Title: Top of thumb here ❑ Partner-- ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: