HomeMy WebLinkAboutT-5135 - Agreement/Covenant - 3/2/2005 (5) T111
Y AT MIN. PASTMUM TO:
M
MY OF FRESNO AUG 12 1998
DEVELOPMENT DEPARTMENT
2600 Fresno Street FRESNO COUNTY, CALIFORNIA
FRESNO CA 93721-3604 ''U;gLIAM C. GREENWOOD, County Recorder
Donita Ghimenti FEE
By
8Y DEPUTY RECORDER S
..._..
ABOVE SPACE FOR RECORDER S USE.......
..........
P.W. File No. 9982 Development Department
UGM No. 563 City of Fresno
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
(Vesting Tentative Tract No. 4570)
Right-to-Farm
RECITALS
A. GRANVILLE HOMES, 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 626-lot single family residential development project(including
a 145-lot single family residential planned development subdivision with one outlot for future
residential development, one outlot for open space/trail purposes within the site of Vesting Tentative
Tract No. 4570).
N,
Statement of Covenants Affecting Land Development
Right-to-Farm
Vesting Tentative Tract No. 4570
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. 4570 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
Statement of Covenants Affecting Land Development
Right-to-Farm
Vesting Tentative Tract No. 4570
Page 3
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 single-family residential subdivision shall be developed in substantial
conformance with Vesting Tentative Tract No. 4570 dated July 18, 1995
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
Statement of Covenants Affecting Land Development
Right-to-Farm
Vesting Tentative Tract No. 4570
Page 4
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.
DATED: � 2� r e"
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
COVENANTOR GRANVILLE HOMES, INC., a California
Corporation
By
Alvin P. Solis, Director ,
Development Department
Farid Assemi, President
APPROVED AS TO FORM:
HILDA CANTt MONTOY
City Attorney
By K, (Attach Notary Acknowledgment)
CF,£ h Deputy
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Fresno
On June 10 1998 before me, Sharon R. Mills, Notary Public ,
personally appeared Fari d Assemi ,
® personally known to me - OR - ❑ proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/af=e
subscribed to the within instrument and NOTARY STAMP OR SEAL
acknowledged to me that he/sha4tW executed the
same in his/herlthe+ authorized capacityp"), and
that by his/hefAbe+r signature(s)on the instrument the
person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument. T °F ' Sharon R. Mills g
U , EUPEx
Comm.#1035582 /
(� ®� »m NOTARY PUBLIC CALIFORNIAy,
FRESNO COUNTY 0
WITNESS my hand and official seal. 4,FopE r Comm Expires Aug.14,1998J
SI NA REO R
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The data below is not required by law,though it may prove valuable to persons retying on the document and could prevent fraudulent
reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ TRUSTEE(S) NUMBER OF PAGES
❑ ATTORNEY-IN-FACT
❑ GUARDIAN/CONSERVATOR
❑ OTHER
DATE OF DOCUMENT
PERSON SIGNING IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
) ss.
COUNTY OF FRESNO )
O 1998 before me, C L personally appeared
J personally known to me (or proved to me
on the basis of satisfactory evidence) to be the pers ns(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
UTY
e ,
EXHIBIT "A"
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
(Vesting Tentative Tract No. 4736)
Right-to-Farm
Those portions of Lots 4 and 5 in the Southwest quarter of Section 16, and Lots 2, 3, 4, 5, 6, and
7 in the Northwest quarter of Section 16, Township 14 South, Range 21 East, Mount Diablo Base
and Meridian, in the City of Fresno, Fresno County, California, according to the Map of Henrietta
Rancho, recorded in Volume 2 of Plats at Page 20, Fresno County Records, together with portions
of the abandoned roads adjacent thereto; and portions of the Town of Butler, according to the map
thereof recorded in Volume 4 of Plats at Page 50, Fresno County Records, together with portions
of abandoned roads adjacent thereto; and portions of the Northeast and Northwest quarters of
Section 16, and the Southeast quarter of Section 9, in Township 14 South, Range 21 East, Mount
Diablo Base and Meridian all of which is described as follows:
Beginning at the Northeast corner of the Northeast quarter of said Section 16; thence South
01'09'41" East a distance of 286.96 feet; thence South 89°06'08" West a distance of 876.68 feet;
thence South 01°27'04" East a distance of 1053.14 feet; thence South 89'14'13" West a distance
of 1752.25 feet to a point on the east line of said Northwest quarter of Section 16; thence South
01'03'17" East along the east line of said Northwest quarter of Section 16, a distance of 1338.96
feet to the Southeast corner thereof; thence South 01°00'48" East, along the east line of the
Southwest quarter of said Section 16, a distance of 1925.00 feet; thence South 88'59'12" West a
distance of 664.02 feet to a point on the west line of said Lot 5 in the Southwest quarter of Section
16; thence North 01'00'06" West, along the west line of said Lots 5 and 4 in the Southwest quarter
and the northerly prolongation thereof, a distance of 1928.21 feet to a point on the south line of the
Northwest quarter of said Section 16; thence South 89'15'49" West, along said south line, a
distance of 663.63 feet; thence North 01'01'08" West, along the West line of Lot 6 in said
Northwest quarter of Section 16 and the southerly prolongation thereof, a distance of 1218.48 feet;
thence South 89°14'32" West, parallel with and 120.00 feet south of the north line of said Lot 7,
a distance of 633.25 feet to a point on the west line of said Lot 7; thence North 01'00'04" West,
along the west line of said Lots 7 and 2, a distance of 1056.24 feet; thence North 89'. 13'16" East
a distance of 298.00 feet; thence North 01°00'04" West a distance of 413.36 feet to a point on the
north line of the Northwest quarter of said Section 16; thence North 89°13'16" East, along said
north line, a distance of 1630.00 feet to the Northeast corner of the Northwest quarter of said
Section 16; thence North 00°54'31" West a distance of 24.68 feet to the Southwest corner of Tract
No. 1633, Sunnywood, according to the map thereof recorded in Volume 19 of Plats at Pages 3 and
4, Fresno County Records; thence along the southerly boundary of said Tract No. 1633, the
southerly boundary of said Tract No. 1645, Sunnywood No. 2, according to the map thereof
recorded in Volume 19 of Plats at pages 68 and 69, Fresno County Records, North 89°26'59" East
a distance of 742.32 feet to the point of curvature of a curve, concave to the North, with a radius
of 34,172.49 feet; thence easterly along said curve, through a central angle of 00°22'00", and arc
i
distance of 218.69 feet; thence North 89°04'59" East a distance of 1660.01 feet to a point on the
east line of the southeast quarter of said Section 9; thence southerly along said east line, a distance
of 25.14 feet to the Point of Beginning.
Excepting therefrom that portion thereof described as follows:
Beginning at the Center quarter corner Section 16, Township 14 South, Range 21 East, Mount
Diablo Base and Meridian; Thence South 00002'46" East, along the east line of the Southwest
quarter of said Section 16, a distance of 222.23 feet; thence South 89°57' 14" West a distance of
55.00 feet to the True Point of Beginning; thence continuing South 89'57'14" West a distance of
107.00 feet; thence South 00°02'46" East, parallel with the east line of said Southwest quarter,
distance of 50.00 feet; thence North 8957'14" East a distance of 107.00 feet; thence North
00°02'46" West, parallel with and 55 feet west of said east line, a distance of 50.00 feet to the True
Point of Beginning.
FT4570 Statement of Covenants Right-to-Farm.wpd