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Home My WebLink AboutT-5206 - Agreement/Covenant - 2/8/2005 (4) ? WHEN RECORDED MAIL TO: 1111IIIIIIIIII11IN1111111111111111INIIIIIIIII City Clerk FRESNO County Recorder City of Fresno Robert C. Werner 2600 Fresno Street DOC— 2004-0073933 Fresno, CA 93721-3603 Acct 2-Chicago Title Company Tuesday, APR 06, 2004 08:00:00 Tt 1 Pd $0.00 Nbr-0001439803 rgr/R7/3-10 NO FEE- Government Code 6103 CITY OF FRESNO Planning and Development Department P.W. File No. 10633 JAF: 3002 West Chandler Avenue (T-5206, Lot 1) STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT ACKNOWLEDGING RIGHT-TO-FARM LAW FOR TRACT NO. 5206 ' Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law T* Tract No. 5206 Page 2 RECITALS WHEREAS, RUNNING HORSE LLC, a California Limited Liability Company, 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 58, inclusive,of Tract No.5206 according to the map thereof recorded on &Qri/ L, , 200q in Volume X09 of Plats at Page(s) /ems Thou t,S, 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. 5206 for a 58-lot single family residential development project, hereinafter referred to as the "Tentative Map;" and WHEREAS, the Covenantor has filed with the City of Fresno a Final Map of Tract No. 5206, 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 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 / 77 Statement of Covenants Affecting Land Development Ir Acknowledging Right-to-Farm Law Tract No. 5206 Page 3 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 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. 5206 Page 4 DATED: y� COVENANTOR CITY OF FRESNO, a Municipal Corporation RUNNING HORSE LLC a California Limited Liability Company c �vr ck P. Yovino, Director Planning and Development Department By: colt Webb, Manager APPROVED AS TO FORM: HILDA CANTO MONTOY City Attorney 6 (Attach Notary Acknowledgment) By eputy LDBE FORM Covenant Right to Farm v7-3-03 louisr 2-12-04 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On April 1, 2004 before me, Elvia Sommerville, Deputy City Clerk personally appeared Lisa LeBlanc, Administrative Manager Planning & Development Dept. 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 which the person(s) acted, executed the instrument. WITNESS my hand and official seal. REBECCA E. KLISCH, CMC CITY CLERK 10 By �1_t/za �w u 2 DEPUTY r Tract No. 5206/UGM P.W. File No. 10633 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on October 30,2003, in the office of the Fresno County Recorder, Document No.2003- 238226 of which the Deed of Trust in by and between Running Horse LLC, a California Limited Liability Company,as Trustor,Fidelity National Title Company,a California Corporation,as Trustee and Leonard C. Patterson and Joyce L. Patterson, Husband and Wife as Joint Tenants, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development for Acknowledging Right- To-Farm Law for Tract No. 5206, of Vesting Tentative Map No. 5206/UGM. DATED: ( , 20 —0L BENEFICIARY Leonard C. Patterson and Joyce L. Patterson Husband and Wife as Joint Tenants L 2 4nard C. Patterson By Joyce L. Patterson (Attach Notary Acknowledgement) STATE OF CALIFORNIA ) SS. COUNTY OF ;re s n 1 ) On March ll 1 before me, Roblin V Aiber a Notary Public in and for said County and State, personally appeared (, onetr d C Ph+ V)j Ovid J'-DyCe L. P044-tr5on 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 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 the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. ROBYN V.ALBERT f N COMM,#1328761 w Si natu a of Notary =" s NOTARY PUBLIC-CALIFORNIA y FRESNO COUNTY N My Comm.Exp.Nov.12,2006 STATE OF CALIFORNIA ) SS. COUNTY OF ) On before me, a Notary Public in and for said County and State, personally appeared 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 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 the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary EXTNOTI --09/25/96bk F Tract No. 5206/UGM P.W. File No. 10633 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on October 2, 2003, in the office of the Fresno County Recorder, Document No. 2003- 238227 of which the Deed of Trust in by and between Running Horse LLC, a California Limited Liability Company,as Trustor, Fidelity National Title Company,a Califomia Corporation,as Trustee and The Sieling Family Trust, under Declaration of Trust dated July 18, 2002, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development for Acknowledging Right-To-Farm Law for Tract No. 5206, of Vesting Tentative Map No. 5206/UGM. DATED: 0 , 20 110rn to and subscribed before me,in my preseBENEFICIARY ihisJ—O day of I�r� iVpta Public. �• A Virg"IT#ie Sieling Family Trust ry c. In and for or the State at urge Under Dec atio of Tru dated-July 18,2002 A�1rrY commission Expires v �~ otary Public Donald ieling, Trustee By. 4nytenoSie ing, Trustee (Attach Notary Acknowledgement) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT i, State of IaFO/.�(/ifi I County of �lfiG-/ I / OnO-3 (� L f before me, A Z,� "65- 11/l1EA1rfi-_1_S , Date j Name and Trtle of Officer(e.g.,"Jane Doe,Notary Public") personally appeared =_�j/U�T -��irF.t�C Name(s)of Signer(s) ( C4ersonally known to me-OR-❑proved to me on the basis of satisfactory evidence to be the person(iW whose named is/W subscribed to the within instrument (' and acknowledged to me that k/she/toiV executed the same in toe/her/tKir authorized capacity(PW,and that by )k5/her/#illl�ir signature(a)on the instrument the personN-, or the entity upon behalf of which the person(* acted, executed the instrument. (, VICTORIA E.VENEGAS t I, Commission 0 1325147 Z �+ Notary Public-California _ WITNESS my hand and official seal. Monterey County I Myconm.DOM OC!14.20D-9; ( Signature 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 Dogumen�t Title or Type of Document: LQt0l;IFA5,041AA R2 A'y- %8-`OA-111 /A14 Fr_/2 7110 14 nT 5.,20 r I` Document Date: 0.3 Oee •- x9q Number of Pages: _ Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) I� i Signer's Name: Signer's Name: r 0f Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer ) Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact (' ❑ Trustee _ _ ❑ Trustee I' ❑ Guardian or Conservator �i`. ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here I I I Signer Is Representing: Signer Is Representing: I Lm 1995 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827