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HomeMy WebLinkAboutT-5247 - Agreement/Covenant - 3/2/2005 (7) WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street —�-— — O Fresno, CA 93721-3603 01/14/2005 20050010115 U- z 0 0 w Q NO FEE-Government Code 6103 W CITY OF FRESNO CL Planning and Development Department STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT ACKNOWLEDGING RIGHT-TO-FARM LAW FOR TRACT NO. 5247 r Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law ° Tract No. 5247 Page 2 RECITALS WHEREAS, CAMPOS BROTHERS, a California general partnership, GRANTLAND AVENUE L. L. C., a California Limited Liability Company, hereinafter designated and called the "Owner,"without regard for number or Gender, and GRANTLAND AVENUE L. L. C., a California Limited Liability Company,and IMAGE 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 as: Lots 1 through 250, inclusive,and Outlot"A" of Tract No. 5247 according to the map thereof recorded on .'M1LQl' I !Y , 200E in Volume !2/ —of Plats at Page(s) .SU 1� ry 5)3 , 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. 5247 for a 417-lot single family residential development project with one outlot for open space purposes, hereinafter referred to as the "Tentative Map;" and WHEREAS,the Covenantor has filed with the City of Fresno a Final Map of Tract No. 5247, 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. Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Tract No. 5247 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. 5 Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Tract No. 5247 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. Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Tract No. 5247 Page 5 DATED: CITY OF FRESNO, COVENANTOR a Municipal Corporation OWNER: CAMPOS BROTHERS, a California general partnership By c . Yovino, Director Pla ing and Development Department By: Fermin Campos, Partn By. APPROVED AS TO FORM: Antonio Campos, Partner HILDA CANTO MONTOY City Attorney GRANTLAND AVENUE L.L.C., a California Limited Liability Company By: VILLE O S, In ., a California or 'on s a ge By Deputy By: �— Farid Asse i, President SUBDIVIDER/ OWNER GRANTLAND AVENUE L. L. C., a California Limited Liability Company By: N I1-LE M S, I c., a California C 's g r By: Farid Assemi, President IMAGE HOMES, Inc a California C oration By: Kirk art, C ' xec ive fficer B �Kulligan, Pres/id (Attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of County of 0 On before me, , DATE NAME,TITLE OF OFFICE -E.G., ANE D ,NOTARY PUBLIC- � personally appeared401a • , NAME(S)OF SIGNER(S) LP 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 ac- knowledged to me that he/she/they executed CHRISTINE S.UNGENFELTEthe same in his/her/their authorized �.ittt3ep834 R capacity(ies), and that by his/her/their «or RE�COUMy signature(s) on the instrument the person(s), COR OCT.2.0 Zoos or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATUR OF NO RY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 ` CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of County of On tz-&&q before me, kLWL&h A& , DATe NAME,TITLE OF OFFIC -E.G. JANE g6E,NOTARY PUBLIC' personally appeared kinlk Z , NAME(S)OF SIGNER(S) 5 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 ac- knowledged to me that he/she/they executed the same in his/her/their authorized V":OT HTF ENFELTER capacity(ies), and that by his/her/their COMM. 34, signature(s) on the instrument the person(s), N .FRESNO COUNTy or the entity upon behalf of which the Canr+r� E OCT.20 20pg person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OFONOTAV OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of County of On !Z' before me, D E NAME,TITLE OF OFFICER- J DOE, TARY PUBLIC" personally appeared , NAME(S)OF SIGNER(S) ❑ personally known to me - OR -Vr 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 ac- knowledged to me that he/she/they executed the same in his/her/their authorized CHMSTINES.UNGENFELIER capacity(ies), and that by his/her/their COMM.0138083a signature(s)natures on the instrument theperson(s), WT#=PLIC 0 cnu�Mw , 9 O FRESNO COUNTY or the entity upon behalf of which the Comm.Exp.OCT.20,2006 person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATU OF ry OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California (Z (� /� ss. County of � " On 12401641 .before me, w Date Name and Title of Offic r .g., J Doe,Wftry Public") ( personally appeared Name(s)Is igner(s) ❑ personally known to me ®'proved to me on the basis of satisfactory evidence CHRISTINE S.uNGENFELTE R to be the person(s) whose name(s) is/are COMM.•t380OU subscribed to the within instrument and ( FRESW ColljqM acknowledged to me that he/she/they executed Cama Grp.OCT.20 2008 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. Place Notary Seal Above Signature of N ary is OPTIONAL ( Though the information below is not required bylaw,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: ©1997 National Notary Association-9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 r CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ( State of California ( ss. County of r ( Onbefore me, Datif Name and Title o Officer(e.A.,"Ja Doe,NPry Public") I1 personally appeared�?�� & � ) Name(s)of Signer(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 ( Cp8'� EL acknowledged to me that he/she/they executed ) MOT�yF the same in his/her/their authorized ( Corrrh COUNTY RENO 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. t - ( Place Notary Seal Above Signature 6frotaryrlic ( ( 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: 1 ( Document Date: Number of Pages: Signer(s) Other Than Named Above: ) Capacity(ies) Claimed by Signer ( Signer's Name: 2 MW ❑ Individual ) ( Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ( ❑ Trustee ) (` ❑ Guardian or Conservator ❑ Other: ( Signer Is Representing: C 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 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ( ss. County of ) ( On ld-lq lew before me, Date - Name and Title o Officer( .g-," Doe, Lary Public") ) personally appeared ,/�1.� � � . s Name(s)of Signer(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 ( CFrIRISlow&LNr( Et. acknowledged to me that he/she/they executed ( COMM.#1300014 NWAMPun&*GMMNW ► the same in his/her/their authorized ( FROWCOLKYY capacity(ies), and that by his/her/their CCT.m ZOOd 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. 6 ) Place Notary Seal Above Signature ota ublic 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: l' ®1999 National Notary Association-9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•w .nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On December 22, 2004, before me, Elvia Sommerville, Deputy City Clerk, personally appeared Nick P. Yovino, Director Planning and Development Department, 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 By -n Deputy