HomeMy WebLinkAboutT-4979 - Agreement/Covenant - 8/15/2006 (5) Recording Requested by
City Clerk Fresno, California
No Fee-Govt. Code 6103
Return to City Clerk Fresno
11/14/2001,20610166859
......................................... ......................................
......................................
.....
...................... ............................................................................................................................................
::::::............
..................
...................... ................................................................................................... ............................ J
.........................
P.W. File No. 10347 Development Department
A.P.N. 403-050-14(Portion) City of Fresno
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
FOR RIGHT TO FARM FOR TRACT NO. 4979
RECITALS
A. WHEREAS, Central Pacific Builders,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 as follows and by this reference made part of this Statement of Covenants:
Lots 1 through 106 of Tract No. 4979 recorded in Volume 1:��Olf Plats,
at Pages Fresno County Records, Fresno County.
and
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 106-lot single family residential development project.
Statement of Covenants Affecting Land Development
Right-to-Farm
Vesting Tentative Tract No. 4979
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.4979 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
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.
Statement of Covenants Affecting Land Development
Right-to-Farm
Vesting Tentative Tract No. 4979
Page 3
B. The single-family residential subdivision shall be developed in substantial
conformance with the Conditions of Approval for Vesting Tentative Tract
No. 4979 dated June 22, 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.
� Qr •
Statement of Covenants Affecting Land Development
Right-to-Farm
Vesting Tentative Tract No. 4979
Page 4
DATED: 11 -01- 01
COVENANTOR
CITY OF FRESNO, Central Pacific Bu' ers
a Municipal Corporation A California ration
Wry
By:
By. Steve t_utton, President
Mick P. Yovino, Director
tvelopment Department
APPROVED AS TO FORM:
By:
EMDA CANTU MONTOY Rick Nisbett, Secretary
City Attorney
(Attach Notary Acknowledgment)
By:
Deputy
STATE OF California
COUNTY OF Fresno
On ��TC{!11/Jt� 3,�`uJ� before me, Kelly G. Swertfager
�pp
(Name, Title of Officer) I,,
personally appeared �il.U� b�U Acv C Nllri�. �t G� /v 1 5 b
personally known to rhe ( ) to be the person(s
whose name(s) i are bscribed to the within instrument and acknowledged t that he/sh they
executed the same in his/heithorized capacity(ies), and that by his/her their ignaturelsl on t e
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
41Signe N ry Public)
(This area for notarial seal)
KELLY G.SWERTFAGER
Commission# 1183432
lrry otc Public-Caofcrnta
kesno County
MYCamm b0M May 14,20M j
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
On `�/�i�f�Ll1 ,2001, before me, personally
appeared Nick P. Yovino personally known to me (or pro ' ed 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
jb•.JB
Fr4979RightFannCove-M.wpd
(9/04/2001)