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Home My WebLink AboutT-5260 - Agreement/Covenant - 2/10/2005 (4) ' 1 WHEN RECORDED MAIL TO: IIII IIIIIIIIIIIIIIIIIIiIIIIIIIIIIIIiIIIIIVIIIIII FRESNO County Recorder City clerk City of Fresno Robert C, Werner 2600 Fresno Street DOC— 2004-0195190 Fresno, CA 93721-3603 Acct 4-Fidelity National Title Company Tuesday, AUG 31, 2004 08:00:00 Tt 1 Pd $0.00 Nbr-0001583605 rgr/R7/1-7 NO FEE- Government Code 6103 CITY OF FRESNO Planning and Development Department P.W. File No. 10649 JAF: 2222 East Carnoustie Avenue (T-5260, Lot 1) STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT ACKNOWLEDGING RIGHT-TO-FARM LAW FOR TRACT NO. 5260 PHASE 3 OF VESTING TENTATIVE MAP 49031UGM Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Tract No. 5260 Page 2 RECITALS WHEREAS, COPPER/ MAPLE NO. 2, 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 60, inclusive, of Tract No. 5260 according to the map thereof recorded on fiuC/U�_3/ , 20121 in Volume 1)(3 ofPlats at Page(s) (a3 d- G,�( , 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. 4903 for a 169-lot single family residential development project subdivision and one remainder parcel, hereinafter referred to as the "Tentative Map;" and WHEREAS, the Covenantor has filed with the City of Fresno a Final Map of Tract No. 5260, 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 Covenantors 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 Y Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Tract No. 5260 Page 3 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. 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. Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Tract No. 5260 Page 4 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. 1/1 ffff Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Tract No. 5260 Page 5 DATED: A""+ In &&oi CITY OF FRESNO, COVENANTOR a Municipal Corporation COPPER /MAPLE NO.2, INC. a California Corporation By: Ni ovmo, Director Plann g and Development Department By: Robert A. McCaffrey, President APPROVED AS TO FORM: HILDA CANTU MONTOY City Attorney By (Attach Notary Acknowledgment) uty STATE OF CALIFORNIA ) SS. COUNTY OF FRESNO ) On August 13,2004,before me,the undersigned, a Notary Public for the State of California, personally appeared,Robert A. McCaffrey,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 capacity(ies), and that by his/her/their signature(s) on the instrument the person(s)or the entity(ies) on behalf of which the person(s) acted,executed the instrument. WITNESS my hand and official seal. Notary Public L.S. My Commission � pires: January 21, 2007 MICHELE L. HOGAN Com nwdon t 1395535 Notary RA)sc - California Fresno County My C=n.E0MJan 21.2007 CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On August 20,2004, 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, CMC CITY CLERK By C Deputy August 20,2004(3:30pm)