HomeMy WebLinkAboutT-5101 - Agreement/Covenant - 2/8/2005 (5) . . 0410112004120
0400705#5
• Recording Requested by
City Clerk, Fresno, California
No Fee-Govt. Code 6103
Return to City Clerk, Fresno
ABOVE SPACE FOR RECORDER'S USE
P.W. File No. Planning and Development Department
A.P.N. 577-010-8, 9 City of Fresno
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
FOR RIGHT TO FARM FOR THE COPPER-CEDAR NO. 2 REORGANIZATION
RECITALS
A. WHEREAS,Copper Maple Estates I, LP.,a California Limited Partnership and Rodney
James Aluisi, Carolyn Aluisi Couto and James A. Aluisi hereinafter referred to as "the Covenantor,"
are the owners 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 Exhibit "A", and
by this reference made part of this Statement of Covenants.
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 Fresno Local Agency Formation Commission for
annexation of the subject property into the City of Fresno.
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.
Statement of Covenants Affecting Land Development
Right-to-Farm
Copper-Cedar No. 2 Reorganization
Page 2
COVENANTS, CONDITIONS, AND RESTRICTIONS
For favorable action on, and approval of, the Covenantor's application for annexation into the
City of Fresno 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
forthe 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.
B. The subject project shall be developed in substantial conformance with 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
Statement of Covenants Affecting Land Development
Right-to-Farm
Copper-Cedar No. 2 Reorganization
Page 3
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
Copper-Cedar No. 2 Reorganization
Page 4
DATED: 3 I b Lf
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
COPPER MAPLE ESTATES I, LP,
a California Limited Partnership
By:
is P. ovino, Director Copper Maple Estates I, Inc.
PI ning and Development A California Corporation, General Partner
De artment
By:
APPROVED AS TO FORM: Le it on, President
HILDA CANTO MONTOY
City Attorney Rodney James Aluisi, A Married Man
By: BY:
D uty Rod aures Aluisi
Carolyn Aluisi Couto, A Married Woman
DEB:IeI:\MMARight to Farm-COV Copper-Cedar No 2 _
By: ZZ
i�
Car n Aluisi Couto
(Attach Notary Acknowledgment) JameZ. I s' n Individual
By:
James A. Aluisi
EXHIBIT"A'
Right to Farm Covenant
The Northwest quarter of the Northeast quarter and the West half of the Northeast quarter
of the Northeast quarter of Section 14, Township 12 South, Range 20 East, Mount Diablo
Base and Meridian, in the County of Fresno, State of California, according to the Official
Plat thereof,more particularly described as follows:
BEGINNING at the North quarter corner of said Section 14; thence South 89°55'40"
East, along the North line of the Northeast quarter of said Section 14, a distance of
2021.22 feet to the Northeast comer of the West half of the Northeast quarter of the
Northeast quarter of said Section 14; thence South 00°21'13"West, along the East line of
the West half of the Northeast quarter of the Northeast quarter of said Section 14, a
distance of 1319.78 feet to the Southeast comer of the West half of the Northeast quarter
of the Northeast quarter of said Section 14; thence North 89°5625" West, along the
existing City Limits, along the South line of the North half of the Northeast quarter of
said Section 14, a distance of 2018.77 feet to the Southwest comer of the Northwest
quarter of the Northeast quarter of said Section 14; thence North 00°14'50" East, (shown
as North 00°58'48"East per Annexation No. 1267) along the existing City Limits, along
the West line of the Northwest quarter of the Northeast quarter of said Section 14, a
distance of 1320.21 feet(shown as 1320.36 feet per Annexation No. 1267)to the POINT
OF BEGINNING.
Containing 61.21 acres,more or less.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
MM
State of California
County of ss.
On �V before meC7"f% C7
Data Name a TRIe of Office(e.g.,'J ne Doe,Notary Public')
personally appeared !jZ: ,
Names) igner(s)
personally known to me
❑ 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 authorized
Cowdofto 14234M capacity(ies), and that by his/her/their
.� Nolo Y billic pr G AO signature(s) on the instrument the person(s), or
FPWthe entity upon behalf of which the person(s)
• �Jurt10. acted, executed the instrument.
WITN y han nd off'ci eal.
Sig ature N ry PUbtic
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(ies) Claimed by Signer
Signer's Name:
a
❑ Individual Top of thumb here
❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑General
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 1999 National Notary Association•9350 Do Soto Ave.,P.O.Boa 2402•Chatsworth,CA 91313.2402 www.nationalnotaryorg Prod.No.5907 Reorder.Cell Toll-Free 1-90"76-927
Agreement for Early Issuance of Model Home Building Permits
Tract No. 5101/UGM
• Page 9
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
Recorded W,�. 003 , in the office of the Fresno County Recorder as
Instrument No._,2no_?D. -A ASS of which the Deed of Trust in by and between:
f�Zk, 5- G/V , as Trustor,
�om� � , as Trustee,
and psi 'r' e2z "g -� �os�r���w , as Beneficiary,
hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the
foregoing Agreement For Right to Farm for the Copper-Cedar No. 2 Reorganization.
DATED: %r3 , 2004
BENEFICIARY
Housing Capital Company
A Minnesota General Partnership
By:
GERAUD B. SMITH, VICE PRESIDENT
(Attach Notary Acknowledgement)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California ,,i
�-6 `�� ss.
County of —
2.a5 -off �41�
On before me,
DaleU� n • � _�yn�and Title of icer(e.g.,'Jane Doe. otery Public')
personally appeared � f��,7J( ��•/(` ,
Name(s)of Signer(s)
ersonally known to me
❑ 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 authorized
capacity(ies), and that by his/her/their
LOPW*CONMBOWjun
1—C, �#1423456 signature(s) on the instrument the person(s), or
md=V FWft.Cdloaft the entity upon behalf of which the person(s)
FOm CarMy acted, executed the instrument.
10.24
E S m an and 'cial se
W e
S'nature 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(ies) Claimed by Signer
Signer's Name:
❑ Individual Top of thumb here
❑ Corporate Officer—Title(s):
❑ Partner—❑Limited ❑General
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 1999 National Notary Association•9350 De Sao Ave.,P.O.Box 2402•Chatsworth.CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Cell Toll-Free 1.800-876-61127
STATE OF CALIFORNIA
COUNTY OF FRESNO
On o2 a' before me, Darlene Lemons, Notary Public, personally appeared
ko�,ntv_(j :Taxiae-s Alw'st.
personally known to me
❑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 acknowledge
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 the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument. WITNESS my hand and official seal.
Ar@�q� nRLENE LEMONS,'
oCOMM.#1310646
UNOTARY PUBLIC-CALIFORNIA
FRESNO COUNTYzzn��
Darlene Lemons My Comm.Expires June 25,20051
r
Title or Type of Document:
r g n _Qrm -( CSP -Gear /70 a
Date of Document: 1D fqalU 70Z'&X.>
STATE OF CALIFORNIA
COUNTY OF FRESNO
On before me, Darlene Lemons, Notary Public, personally appeared
,�l�1YlG5 A A(Lu<,j
personally known to me
❑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 acknowledge
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 the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument. WITNESS my hand and official seal.
DARLENE LEMONS11
0 COMM.#1310646
U NOTARY J�APUBLIC-CALIFORNIA n
_ FRESNO COUNTY
Dar ene Lemons My Comm.Expires June 25,2005
Title or Type of Document -�Dr-
�
Date of Document:
STATE OF CALIFORNIA
COUNTY OF FRESNO
On b V before me, Darlene Lemons, Notary Public, personally appeared
G( to.
personally known to me
❑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 acknowledge
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 the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument. WITNESS my hand and official seal.
DARLENE LEMONS
U COMM,#1310646 n
U NOTARY PUBLIC-CALIFORNIA 0
FRESNO COUNTY
Da ene Lemons My Comm.Expires June 25,20
Title or Type of Document l.0 rIAAjd EV. sur
Date of Document: Db
CLERK'S CERTIFICATION
STA TE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On March 2, 2004, 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
CITY CLERK
0 0
By ��Y►.v
Deputy
DEB:Ie1AK\C0V\Right to Farm-COV