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Home My WebLink AboutT-4993 - Agreement/Covenant - 2/8/2005 (6) M IIII III III I III II IIII I III II IIII II III I IIII I II III III • ' Recording Rer,uesred by Fresno County Recorder City C/en<, Fr N;no, (a ifr}r/7?3 William C. Greenwood Ro Fee-Govt. Cod,,? r�3 DOC— 2002-0059540 Return to City Ch:-rk,Fr^. - Acct 5-First American Title Insurance Company Thursday, APR 11, 2002 08:00:00 FRE $0.00 Ttl Pd $0.00 Nbr-0000778857 jjc/R6/1-8 ABOVE SPACE FOR RECORDER'S:USE P.W. File No. 10298 Planning and Development Department City of Fresno STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT (Vesting Tentative Tract No. 4646) Right-to-Farm RECITALS A. ISAAC MORADI, an individual, 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 215-lot single family residential development project. Statement of Covenants Affecting Land Development Right-to-Farm Vesting Tentative Tract No. 4646 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. 4646 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. / J ` Statement of Covenants Affecting Land Development Right-to-Farm Vesting Tentative Tract No. 4646 Page 3 B. The single-family residential subdivision shall be developed in substantial conformance with Revised Vesting Tentative Map Tract No.4646 dated April 2, 2001 with Conditions of Approval dated April 6, 1994 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. e Statement of Covenants Affecting Land Development Right-to-Farm Vesting Tentative Tract No. 4646 Page 4 DATED: Mai t li ?,_.{ Z,.rrZ- CITY OF FRESNO, COVENANTOR a Municipal Corporation ISAAC MORADI, an Individual By: Ni kP ovino, Director Planni g and Development Department By: Isaac Moradi APPROVED AS TO FORM: HILDA CANTO MONTOY City Attorney (Attach Notary Acknowledgment) B 3/ Z/S -�_ Y Deputy February 13, 2002 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) On March 29 , 2002 before me, Elvia Sommerville personally appeared Nicb P. Yovino, Planning and 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 By DEPUTY CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California i ss. County of06 _ before me, Date r.-- Name and Tills of Of"(e.g.,"Jena Doe,Notary Public") !, personally appeared Mz Qc�—( , �Name(s)of Signer(s) ?�1 personally known to me i i ❑ proved to me on the basis of satisfactory evidence i' (` to be the person(e) whose name(s) is/are ( subscribed to the within instrument and i acknowledged to me that heJskeAhey executed the same in his/her/their authorized JOANNE M.JOHNSON capacity("), and that by his/hefilthoic I' Commission 0 1181394 signature(s)on the instrument the persoW),or f Notary Public-CdffaNq the entity upon behalf of which the person(e) ! Los Angeles CaxMy acted -executed the instrument Ivry comm.�iresAP►�6,� 1 WI NESS my h d and offic al seal Signature of I l� OPT/0 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: Nu er of Pages: i� Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer ) i Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): i' ❑ Partner—❑ Limited ❑Ge al i ❑ Attorney-in-Fact ❑ Trustee i ❑ Guardian or Co ervator ❑ Other: Signer Representing: O 1999 National Notary Association•8350 De Soto Ave.,P.O.Box 2102•Chatsworth,CA 91313-2/02•www.nationalnotary.org Prod.No.5907 Reorder:Cell Toll-Free 1-000-076-M7 /I P.W. File No.10298 EXHIBIT "A" STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT (Vesting Tentative Tract No. 4646) 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: All that portion of the north half of the Northwest quarter of Section 22, Township 13 South, Range 21 East, Mount Diablo Base and Meridian, lying south of the Gould Canal. FT4646 Statement of Covenants Right-to-Farm.vrpd e" NOTARY SEAL CLARIFICATION PAGE I certify under penalty of perjury that the "Notary Seal" on the document to which this statement is attached reads as follows: Name of Notary: 7_0 R N N E M , � N N Commission #: list ,-5S9 Date commission expires: _ Z(O , Z GG Z. Place of execution: Date-47 Signature irm Name if y) (Gov't.Code,Sec 27361.7)