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HomeMy WebLinkAboutT-5248 - Agreement/Covenant - 11/4/2005 (6) WHEN RECORDED MAIL TO: -City Clerk City of Fresno ® 2600 Fresno Street W Fresno, CA 93721-3603 , O O Z U O V NO FEE - Government Code 6103 CITY OF FRESNO Planning and Development Department P.W. File No. 10784 STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT ACKNOWLEDGING RIGHT-TO-FARM LAW FOR TRACT NO. 52489 PHASE 2 OF VESTING TENTATIVE MAP NO. 5248. := Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Tract No. 5248 Page 2 RECITALS WHEREAS,Sunnyside Ridge Partners 11,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 70, inclusive of Tract No. 5248 according to the map thereof recorded on �(�U�'(Yt�P�(' .� , 200,S- in 00,Sin Volume of Plats at Page(s) .7)9 d- 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, Tentative Map No. 5248 for a 424-lot single family residential development project(including two outlots for future residential development, one outlot for open space/trail 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. 5248, Phase 1 of Vesting Tentative Map No. 5248, 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. 5248 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 C Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Tract No. 5248 Page 4 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 awTract No. 5248 Page 5 DATED: � CITY OF FRESNO, COVENANTOR a Municipal Corporation SUNNYSIDE RIDGE PARTNERS II, LLC A --- A CALIFORNIA LIMITED LIABILITY COMPANY By: ck F- ovino, Director BY: GENERATION HOMES, INC. Planni and Development Department A CALIFORNIA CORPORATION ITS MANAGER a APPROVED AS TO FORM: HILDA CANTO MONTOY By:_ City Attorney Robeft W od, President By: (Attach Notary Acknowledgment) Deputy µ. x� Y CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ss. On before me, —,— to ame and Title of ificer etary.g.,"Jane Doe,Noublic'") personally appeared Name(s)of Signer(s) X0 !ersonally known to me proved to me on the basis of satisfactory evidence DIANE HARPER Commission#t 1564505 to be the person(s) whose name(s) is/are Notary publk_CaIHamlo subscribed to the within instrument and Resnocounty acknowledged to me that he/she/they executed MYCO MEVIOWMorU, 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. ignat o ary 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 Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) 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: ©1999 National Notary Association•9350 De Solo Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.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 October 26,2005, 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, CMC CITY CLERK By Deputy r.Ictober 26,2005:(2:40pm) SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on April 15, 2005 in the office of the Fresno County Recorder 0083637 as Document No. 2005- of which the Deed of Trust in, by and between: Sunnyside Ridge Partners Il,LLC,a CA Limited Liability Company by Generation Homes,Inc.a CA Corporation,Manager , as Trustor, Financial Title as Trustee, Housing Capital Company as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development Acknowledging Right-To-Farm Law for Tract Map No. 5248, Phase 1 of Vesting Tentative Map No. 5248. DATED: October 7 , 2005 BENEFICIARY By: Housing Capital Company By: Geraud Smith, Vice President (Beneficiary to print/type Name, Title and attach Notary Acknowledgment) s. y1a I`mom GI' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California r�-- �1� County of T ss. On \�� � before me, VC �Date ^�' � �-1�- Name and Ttle of Off er(e.g.."Jane Doe, tary Pu is") 3 \ personally appeared 4 S ` , Name(s)of Signer(s) iersonally known to me ❑ proved to me on the basis of satisfactory evidence DIANE HARPER Commission#1.564505 to be the person(s) whose name(s) is/are Notary Pubfic-Cala mla subscribed to the within instrument and Fresno County acknowledged to me that he/she/they executed My Comm.ExplresMar 26, 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 se . ---fir-- Signature of Notary blit 1 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 El Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©1999 National Notary Association•9360 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 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on April 15, 2005 in the office of the Fresno County Recorder 0083637 as Document No. 2005- of which.the Deed of Trust in, by and between: Sunnyside Ridge Partners II,LLC,a CA Limited Liability Company by Generation Homes,Inc.a CA Corporation,Manager , as Trustor, Financial Title as Trustee, Sunnyside Project, LLC _ as Beneficiary, F hereby expressly subordinates said Deed of. Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development Acknowledging Right-To-Farm .Law for Tract Map No. 5248, Phaseof Vesting Tentative Map No. 5248. DATED: October 7 20 05 '. BE IARY AL Sunnyside Project, LLC . By: Granville Management By. Farid Assemi, President (Beneficiary to print/type Name, Title and attach Notary Acknowledgment) a ' 6, i' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California �� County of ss._ -- ' On � ` I L before me, ` ^ Nle rr Name and Title of Yfficer(e. .,"Jane Doe,N tary P tic") .personally appeared , (�\ Z� Name(s)of Signer(s) personally known to me Rroved to me on the basis of satisfactory evidence DWNEHARPER to be the person(s) whose name(s) is/are Commmlon#1564505 subscribed to the within instrument and Notary Public_CagkWic acknowledged to me that he/she/they executed FresrwCounty the same in his/her/their authorized My Comm.Explia Mar 26, capacity(ies), and that by his/her/their - - - - - - - - -E-4- 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 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 Document Title or Type of Document: Document Date: Number of Pages: Signers)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: OWN • Individual Top of thumb here ❑ Corporate Officer—Title(s): • Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©1999 National Notary Association-9350 De Solo Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 c "