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Home My WebLink AboutT-5190 - Agreement/Covenant - 2/9/2005 (5) WHEN RECORDED MAIL TO: IIII IIIIIIIIIIIIIIIIIIIIIIIIIII(IIIIIIIIIVIIIiII City Clerk FRESNO County Recorder City of Fresno Robert C. Werner 2600 Fresno Street DOC— 2004-0051497 Fresno, CA 93721-3603 Check Number 183882 Tuesday, MAR 09, 2004 08:00:00 TtI Pd $0.00 Nbr-0001412355 rgr/R7/1-7 NO FEE- Government Code 6103 CITY OF FRESNO Planning and Development Department P.W. File No. 10555 APN: 312-082-47,28 &48(Por.) STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT ACKNOWLEDGING RIGHT-TO-FARM LAW FOR TRACT NO. 51909 PHASE II OF VESTING TENTATIVE MAP NO. 5071 Statement of Covenants Affecting Land Development a Acknowledging Right-to-Farm Law Tract No. 5190 Page 2 RECITALS WHEREAS,Centex Homes, a Nevada General Partnership, 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, hereafter 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 55, inclusive, of Tract No. 5190 according to the map thereof recorded on M,-,-h 9 , 20pq in Volume 6 , of Plats at Page(s) 12 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. 5071 for a 129-lot single-family residential subdivision, with one 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. 5190, 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. v Statement of Covenants Affecting Land Development r Acknowledging Right-to-Farm Law Tract No. 5190 Page 3 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 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. Statement of Covenants Affecting Land Development r Acknowledging Right-to-Farm Law Tract No. 5190 Page 4 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. /// t Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Tract No. 5190 Page 5 COVENANTOR DATED: --A N UAR Y ?,24-0'y Centex Homes, a Nevada General Partnership CITY OF FRESNO, By: Centex Real Estate Corporation, a Municipal Corporation a Nevada Corporation, Managing General Partner By P.9yovino, Director Planning and Deve ment Department By: David Hatch, Division Manager APPROVED AS TO FORM: (Attach Notary Acknowledgment) HILDA CANTO MONTOY City Attomey By Deputy CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A State of California „ ss. County of l cc 14a — On .L_('__. , 0 j Z�V , before me, GI�J All?a Date Name and Title of Officer e. ( ( g.,"Jane Doe,Notary Public") personally appeared ,1t % il S�-1� ( Name(s)of Signer(s) personally known to me •(� proved to me on the basis of satisfactory a evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and i acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their V.C.t�M►TTON signature(s) on the instrument the person(s), or Commission#1326W the entity upon behalf of which the person(s) ( Notary Public-CspFornis acted, executed the instrument. Tulare County r MY Comm.E'*'tNov 21'2W5 WITNESS my hand and official seal. A l, Place Notary Seal Above Signature of Notary Public ( l l G f 1 f t � ( i y c I 1 i I O 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder Call Toll-Free 1-6066766627 • i r CLERK'S CER TIFICA TION STATE OF CALIFORNIA COUNTY OF FRESNO CITY OF FRESNO On January 12, 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 ISCH CITY CLERK Deputy