HomeMy WebLinkAboutT-4911 - Agreement/Covenant - 8/14/2006 (4) fi CONFORMED
COPY
1212112001,20010193816
ABOVE SPACE FOR RECORDER'S USE
P.W. File No. 10361 Planning and
Development Department
City of Fresno
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
(Vesting Tentative Tract No. 4911)
Right-to-Farm
RECITALS
A. WESTCAL, 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 160-lot single family residential development
project.
Statement of Covenants Affecting Land Development
Right-to-Farm
Vesting Tentative Tract No. 4911
Page 2
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. 4911 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.
ollows: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
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
Statement of Covenants Affecting Land Development
Right-to-Farm
Vesting Tentative Tract No. 4911
Page 3
agricultural pursuit has been in operation for three years.
B. The single-family residential subdivision shall be developed in
substantial conformance with Vesting Tentative Tract No. 4911 dated
March 9, 2001 with Conditions of Approval dated April 18, 2001 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.
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. 4911
Page 4
DATED: CPwty
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
WESTCAL, INC,
a California Corporation
By: 1AV,my�
Nick P. ovino, Director
Planni and Development Department By:
Jerry V Deyo
ng, President
APPROVED AS TO FORM:
HILDA CANTO MONTOY
City Attorney
(Attach Notary Acknowledgment)
By
Deputy
STATE OF CALIFORNIA,
}COUNTY OF Fresno S.S.
On December 3, 2001 , before me, Anna M. Renna
a Notary Public in and for said County and State, personally
appeared Jerry A. DeYoung
personally known to me 0a0Qfl00GdKX0D8D= FOR NOTARY SEAL OR STAMP
to be
the person(* whose name(jt) is/amxsubscribed to
the within instrument and acknowledged to me that
he/sUgMy executed the same in his/ i ,gE�,° r,F ANNA M.
authorized capacity(ieo and that by his& RENNA
oe� COMM.01231165 REN
signature(Jt) on the instrument the person(), or ® ,m NOTARY PUBLIC-CALIFORNIA al
g PRINCIPAL OFFICE IN
the entity upon behalf of which the person(X) FRESNO COUNTY
UFppM
acted, executed the instrument. My Commission Exp.Aug.30,2003
47 W
WITNESS a and fici sea
Signatur
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
On December 19 , 2001 before me, Elvia Sommerville
personally appeared Nick P. Yovino, Planning & Development Director
_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
d
By - - --
DEPUTY
P.W. File No.10361
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 1:
Parcel 1 and 2 of Parcel Map No. 5841, according to the map thereof recorded in Book 38 page 2
of Parcel Maps, Fresno County Records;
Together with that portion of Lot 52 of Shepherd&Teague Alluvial Tract No. 4, according to the map
thereof recorded in Book 2 Page 81 of Record of Surveys, Fresno County Records. Described as
follows:
Beginning at the Northwest corner of said Lot 52; thence North 89032'46" East along the North line
of said Lot 52, a distance of 157.00 feet; thence South 00°00'16" East a distance of 146.98 feet to
a point on a curve, concave to the northeast, with a radius of 322.00 feet ( the radial to said point
bears South 00013'03" West); thence northwesterly along said curve, through a central angle of
15°04'14", an arc distance of 84.70 feet to the point of curvature of a reverse curve, concave to the
southwest, with a radius of 278.00 feet; thence northwesterly along said curve, through a central
angle of 15017'33", an arc distance of 74.20 feet to a point on the West line of said Lot 52; thence
North 00°00'16" West along said West line, a distance of 124.51 feet to the point of beginning.
EXCEPTING from said Parcel 1 and 2 of said Parcel Map No. 5841, that portion thereof described
as follows:
Beginning at the Northeast corner of said Parcel 1;thence South 00000'26" East along the East line
of said Parcel 1 and 2, a distance of 347.54 feet; thence South 89032'44" West, parallel with and
10.00 feet south of South line of said Parcel 1, a distance of 347.27 feet; thence North 00000'26"
West a distance of 204.62 feet to the point of curvature of a curve, concave to the southeast, with
a radius of 45.00 feet; thence northeasterly along said curve, through a central angle of 59050'00",
an arc distance of 46.99 feet to the point of curvature of a reverse curve, concave to the West, with
a radius of 50.00 feet; thence northeasterly and northwesterly along said curve, through a central
angle of 92031'36", an arc distance of 80.74 feet;thence North 28015'57" East a distance of 38.87
feet to a point on the North line of said Parcel 1; thence North 89032'46"East, along said North line
a distance of 289.52 feet to the Point of Beginning.
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EXHIBIT "A"
PARCEL 2:
BEGINNING at the southeast corner of Parcel 2 of Parcel Map No. 5841, according to the Map
thereof recorded in Book 38 of Parcel Maps at page 2, Fresno County Records; thence North
00000'26"West,along the East line of said Parcel 2 and along the West line of that certain 100-Foot
wide former railroad right-of-way described in a Quitclaim Deed by Southern Pacific Transportation
Company to the City of Fresno recorded December 28, 1997 as Document No. 97169047, Fresno
County Records, a distance of 318.25 feet, more or less, to a point of intersection with a line that is
parallel with and 10 feet south of the South line of Parcel 1 of said Parcel Map; thence North
89032'44" East, along the easterly prolongation of said parallel line, a distance of 18.00 feet; thence
South 00000'26" East, parallel with and 18.00 feet east of said East line of said Parcel 2, a distance
of 318.25 feet more or less, to the easterly prolongation of the South line of said Parcel 2; thence
South 89032'46" West, along last said easterly prolongation, a distance of 18.00 feet to the POINT
OF BEGINNING.
PARCEL 3:
Lot 50 of Shepherd &Teague Alluvial Tract No. 4, according to the map thereof recorded in Book 2
Page 81 of Record of Surveys, Fresno County Records.
PARCEL 4:
The west 18.00 feet of that portion of that certain 100-Foot wide former railroad right-of-way lying
adjacent to the East line of Lot 50 of Shepherd &Teague Alluvial Tract No. 4, according to the Map
thereof recorded in Book 2 of Record of Surveys at page 81, Fresno County Records, said former
railroad right-of-way being describe in a Quitclaim Deed by Southern Pacific Transportation Company
to the City of Fresno recorded December 28, 1997 as Document No. 97169047, Fresno County
Records.
FT4911 Statement of Covenants Right-to-Farm.wpd
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