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Home My WebLink AboutT-5412 - Agreement/Covenant - 8/16/2006 (4) WHEN RECORDED MAIL TO: a IIII III III I III II II IIII I II III III IIII I III)I IIII I III City Clerk City of Fresno FRESNO County Recorder 2600 Fresno Street Robert C. Werner Fresno, CA 93721-3603 DOC— 2006-0145987 Ace! 5-First American Tills Insurance company Thursday, JUL 13, 2006 08:00:00 Tt 1 Pd $0.00 Nbr-0002235152 RGR/R4/2-10 NO FEE-Government Code 6103 CITY OF FRESNO Planning and Development Department P.W. File No. 10778 STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT ACKNOWLEDGING RIGHT-TO-FARM LAW FOR TRACT NO. 5412, PHASE 2 OF VESTING TENTATIVE MAP NO. 4598 Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Tract No. 5412 Page 2 RECITALS WHEREAS, LAFFERTY GDCI FRESNO, L.P.,A DELAWARE LIMITED PARTNERSHIP, 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 111, inclusive, of Tract No. 5412, Phase 2 of Vesting Tentative Map No. 4598, according to the map thereof recorded on _T,1y 13 , 206L in Volume`Ag of Plats at Page(s),'�33 3U X35 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. 5412, Phase 2 of Vesting Tentative Map No. 4598 for a 111-lot single family residential development project for future residential development, hereinafter referred to as the "Tentative Map;" and WHEREAS,the Covenantor has filed with the City of Fresno a Final Map of Tract No. 5412, Phase 2 of Vesting Tentative Map No. 4598, 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. 5412 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 Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Tract No. 5412 Page 4 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. 5412 Page 5 DATED: 44 o o COVENANTOR CITY OF FRESNO, LAFFERTY GDCI FRESNO L.P. a Municipal Corporation a Delaware Limited Partnership By: LAFFERTY/LANDCASTLE, LLC By: a California Limited Liability Company P ovino, Director its General Partner. Planni and Development Department APPROVED AS TO FORM: 'Rick S. 5 erty, Managing Member James C. Sanchez City Attorney (Attach Notary Acknowledgment) By: Deputy ff ` ::Kt.,. o-..�-.�� L y. Final Map Tract No. 5412 P. W. File No. 10778 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on Tu_,( 30 4 -Look , in the office of the Fresno County Recorder as Document No. 200 0ku--k-U0,5 of which the Deed of Trust in, by and between: �..P�C-F E2T`( ��c t G,(ZES►�o LP R PA as Trustor, TouQL. �T�+� c.�7nnPLl�J'( , as Trustee, Nkto Spg�o, 5 –tNo , k 4-bE L- f vtwwgs ttA+ y-- 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 Lawfor Tract No. 5412, Phase 2 of Vesting Tentative Map No. 4598. DATED: , 20 OHIO SAVINGS BANK, a federal savings bank BENEFICIARY By:%� - (Beneficiary to print/type Name, Title and attach Notary Acknowledgment) r CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of San Bernardino ISS. On May 11, 2006, before me, Thanhliem Brenda Le, Notary Public, personally appeared Victor P. Bessette, ® personally known tome ❑ proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me THANHLIEM BRENDA LE that he executed the same in his authorized Commisslon R 1398188 capacity, and that by his signature on the .s Notary Public—Coiifornlo instrument the person, or the entityupon behalf Z San Beinardino Feba � of which the prson acted, executed he rCO '' `� instrument. WITNESS my hand and official sit. Place Notary Seal Above Signature of N ary Public OP L -� 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:Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law for Tract No.5412,Phase 2 of Vesting Tentative Map No.4598 Date: 5111106 Number of Pages: 7 Signer Other Than Named Above: Capacity Claimed by Signer Signer's Name: Victor P.Bessette ❑ Individual ® Corporate Officer--Title: Vice President Top of thumb here ❑ Partner--❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Ohio Savings Bank Signer's Name: ❑ Individual ❑ Corporate Officer--Title: Top of thumb here El Partner--El Limited [I General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ACKNOWLEDGMENTS STATE OF COLORADO ) )ss. COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this 12th day of May, 2006, by Michael S. Attias, Senior Vice President of Ohio Savings Bank, a federal savings bank. Witness my hand and official seal. My commission expires: y �� P; ....... �•o�?;•• ••• :ti; otdry Public TA _Q:• �� Ry �•� 10= = rn UBS A \G r 0 o OF '4iy'f t►I o-SIO �P `��oma\ N E CLERK'S CERTIFICATION State of California) County of Fresno) On June 21, 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 a a By -- Deputy 1