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Home My WebLink AboutT-5169 - Agreement/Covenant - 8/25/2006 (3) r WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 08/15/1006,10060178895 NO FEE - Government Code 6103 I: CITY OF FRESNO 0 Planning and Development Department z O P.W. File No. 10761 U W Q W J a STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT ACKNOWLEDGING RIGHT-TO-FARM LAW FOR THE FINAL MAP OF TRACT NO. 5169 Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Tract No. 5169 Page 2 RECITALS WHEREAS, KB HOME SOUTH BAY 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 as: Lots 1 through 98, inclusive, and Outlot A of Tract No. 5169 according to the map thereof recorded onL(GQ/l5lS , 20f in Volume of Plats at Page(s) �2 'thru jD , Fresno County Records; and WHEREAS, 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 and that all such instruments of Subordination, if any, are attached hereto and made a part of this instrument; and WHEREAS, the Covenantor has filed and the City of Fresno has approved, Vesting Tentative Map No. 5169 for a 98-lot single family residential development project with 1 outlot, hereinafter referred to as the `Tentative Map;" and WHEREAS,the Covenantor has filed with the City of Fresno a Final Map of Tract No. 5169, hereinafter referred to as the "Final Map," pursuant to said Tentative Map; and WHEREAS, 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 said Final Map, the Covenantor hereby covenants that the Subject Property shall be held, conveyed, encumbered, used, occupied, developed, maintained, and improved subject to the following Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Tract No. 5169 Page 3 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 acknowledges 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. 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 Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Tract No. 5169 Page 4 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 Acknowledging Right-to-Farm Law Tract No. 5169 Page 5 DATED: CITY OF FRESNO, COVENANTOR a Municipal Corporation KB HOME SOUTH BAY INC. a California Corporation By: Dale 4 Nick P. Yovino, Director P.A. Dent, III, Senior Vice President Planning and Development Department APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney By �} Deputy (Attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califom1 J County of ss. ? On before me, Dale Name and Tft of Mow(e g."Jane Doe. Pt"n personally appeared Neme(s)of Swer(s) ❑personally known to me �Proto'❑ me on the basis of ory evidence to be the person(s) whose names subscribed within instrument and acknowledged In me that _ el e/they executed the same in er/their NORA LEDESMA horized capacity(ies), and that by er/their Commission#1571520 signature(s) on the instrument the person(s), or the ,, Notary Public-Callfornla entity upon behalf of which the persons) acted, Fresno county executed the instrument. duly Comm.Expkes May 19,2004 ITN my ha d a fficial seal. Place Notary seal Above S44iiure of Notary Pubk 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 Title or Type of Document: � � •/� �'1 Document Da Number of Pages: Signer(s)Other Than Nam Above: Capacity(ies)Claimed by Sign s) Signer's Name: ;CO31glnd* ner's Na ❑ Individual ' I ❑ Corporate Officer—Title(s): o rate Officer—Title(s): ❑ Partner--❑ Limited ❑General Partner—❑ Limited ❑General ❑ Attorney in Fact ToP or mt, • re Attomey in Fact Top of thumb here ❑ Trustee ❑ stee ❑ Guardian or Conservator ❑ Guaor Conservator ❑ Other. ❑ Other. Signer Is Representing: Signer Is Represents 02004 rrallOrld Notary As-n 'adat•9350 De Soto Ave.,P.O.Box 2402•Chatsworth.CA 91313-2402 Item No.5907 Cog Tog-Ree 1-a0"76.OW a CLERK'S CERTIFICATION State of California) County of Fresno) On July 26, 2006, before me, Elvia Sommerville, Deputy Cily Clerk, personally appeared, Darrell Unruh, Planning Manager, personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to be 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 the person(s),or the entity upon behalf of which the person(s)acted, executed the instrument. WITNESS my hand and official seal. REBECCA E. KLISCH CITY CLERK, CMC By Deputy