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Home My WebLink AboutT-5338 - Agreement/Covenant - 6/12/2006 (3) r i RECEIVED AP R 2,0 °z006i I IIII III IIII III II IIII I IIII I II IIII IIII IIII I IIII I 1 II clTv �.F `SsFRvlc�s FRESNO County Recorder BUI LDI NWA.6M f}9'Requesfed by: RobertDOC— 2006-0070513 City Clerk Fresno, Colifornlo Tuesday, APR 04, 2006 15:45:26 No Fee-Govt. Code 6103 1t 1 Pd $0.00 Nbr-0002144179 CRR/R2/1-7 Return to City Clerk, Fresno ABOVE SPACE FOR RECORDER'S USE File No. Planning and Development Department A.P.N.505-040-06,07,09,14,15,16 City of Fresno STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR RIGHT TO FARM FOR THE BULLARD-GRANTLAND NO. 3 REORGANIZATION RECITALS A. WHEREAS, Bullard/Grantland No. 1, Inc., 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 Exhibit"A", and by this reference made part of this Statement of Covenants. B. 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. C. All such instruments of Subordination,if any, are attached hereto and made a part of this instrument. D. The Covenantor has applied to the Fresno Local Agency Formation Commission for annexation of the subject property into the City of Fresno. E. 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. I Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Bullard-Grantland No. 3 Reorganization Page 2 COVENANTS,CONDITIONS,AND RESTRICTIONS For favorable action on, and approval of, the Covenantor's application for annexation into the City of Fresno for the Subject Property as referred to hereinabove, 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 covenants as follows: A. 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. B. The subject project shall be developed in substantial conformance with the R-1/UGM zone district. 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. v Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Bullard-Grantland No.3 Reorganization Page 3 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. V Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Bullard-Grantland No. 3 Reorganization Page 4 DATED: CITY OF FRESNO, a Municipal Corporation COVENANTOR By: ~� Bullard/Grantfand No. 1, LftkYovino,Director a California Corporation Planing and Development Department By: APPROVED AS TO FORM: Robert A. McCaffrey HILDA CANTO MONTOY President City Attorney (Attach Notary Acknowledgment) By: Deputy CLERK'S CERTIFICATION State of California) County of Fresno) City of Fresno) On February 2, 2006, before me, Elvia Sommerville, Deputy City Clerk, personally appeared, Nick P. Yovino, Planning and Development Director, 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 be 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. REBECCA E. KLISCH CITY CLERK, CMC c � By P� Deputy - _ _ "AM-) EXHIBIT"A" Right to Farm Covenant That portion of the Northeast Quarter of Section 8 and the Southeast Quarter of Section 5, all in Township 13 South, Range 19 East, Mount Diablo Base and Meridian,described as follows: BEGINNING at a point on a line 30.00 feet West of the East line of said Section 8 and 1,918.00 feet North of the South line of said Northeast Quarter, said point being on the existing limit line of the City of Fresno; thence South 0025'00"West, parallel with and 30.00 feet West of the East line of said Section 8 a distance of 974.00 feet;thence South 89055'39" West, leaving the existing limit line of the City of Fresno, parallel with and 974.00 feet North of the South line of the Northeast Quarter of said Section 8,a distance of 1,294.29 feet to the Southwest corner of that lot shown on the Map of Survey, recorded in Book 10, page 33 of Record of Surveys, Fresno County Records, last said comer shown as being 1,324.29 feet East of the West line of the Northeast Quarter of said Section 8;thence North 0°24'31"East, along the West line of said lot and its Northerly prolongation and the West line of a lot as shown on said Map of Survey whose Southwest comer is shown as being 1,324.44 feet East of the West line of said Northeast Quarter,and its Northerly prolongation, a distance of 1,693.27 feet;thence North 89950'00"East, parallel with and 30.00 feet North of the South line of said Section 5,a distance of 959.46 feet to the intersection with the Northerly prolongation of the West line of the East 365.08 feet of said Northeast Quarter;thence South 0025'00"West, along the West line of the East 365.08 feet of said Northeast Quarter and its Northerly prolongation, a distance of 720.84 feet to the intersection with a line parallel with and 1,918.00 feet North of said Northeast Quarter;thence North 89955'39'East, parallel with and 1,918.00 feet North of the South line of said Northeast Quarter, a distance of 335.08 feet to the Point of Beginning. CTi r STATE OF CALIFORNIA ) SS. COUNTY OF FRESNO ) On January 10,2006,before me,Michele L.Hogan a Notary Public fan the ,personally appeared,Robert A.McCaffreypersonally 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 E ires: anuary ,2007 I I ME L HOGAN arMrW0bn 8-13-9 5535 Nolwy.KdAc-CWW10 F." t6wty kj6.MvCa MEg*es.an21.9ao7