HomeMy WebLinkAboutT-5413 - Agreement/Covenant - 12/20/2006 (2) WHEN RECORDED MAIL TO:
City Clerk �21�912006,200602644�9
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603
NO FEE -Government Code 6103
CITY OF FRESNO
X Planning and Development Department
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Z P.W. File No. 11022
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STATEMENT OF COVENANTS AFFECTING LAND
DEVELOPMENT ACKNOWLEDGING RIGHT-TO-FARM LAW
FOR THE FINAL MAP OF TRACT NO. 5413
• Statement of Covenants Affecting Land Development
Acknowledging Right-to-Farm Law
Tract No. 5413
Page 2
RECITALS
WHEREAS, D.R. HORTON, INC.-FRESNO, a Delaware 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 92, inclusive, and Outlot"A" of Tract No. 5413 according to
the map thereof recorded on "& , 20
in Volume of Plats at Page(s) ���
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. 5413 for a 92-lot single family residential development project, with one outlot
for well site purposes and 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. 5413,
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 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
Statement of Covenants Affecting Land Development
Acknowledging Right-to-Farm Law
Tract No. 5413
Page 3
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.
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, andthe plural includes the
singular.
Statement of Covenants Affecting Land Development
Acknowledging Right-to-Farm Law
Tract No. 5413
Page 4
DATED: Z v a
CITY OF FRESNO,
a Municipal Corporation D.R. HORTON, INC. - FRESNO
a Delaware Corporation
By: aA�'�
By:Nick! Anthony J. , Dion President
P. vino, Director ' i
Plannin and Development Department
APPROVED AS TO FORM:
JAMES C. SANCHEZ
City Attorney
By U
/ y Deputy (Attach Notary Acknowledgment)
COVENANTOR
ACKNOWLEDGMENT
State of. California
County of �1!
On APAMW /�,f�G�, before me > 4
Date Name land 114le of Officer(e.g.,`Jane Doe,Notary blic")
personally appeared y4~zL� '-,,T !1-/H1*"'LJ ,
Name(s)of Signer(s)
personally known to me
[] proved to me on the basis of satisfactory
evidence
to be the personK)whose name(-�oi are
subscribed to the within instrument and
acknowledged to me that she/they
executed the same in hi /her/their authorized
capacity(yes), and that by isher/their
signatureW on the instrument the person4l
or the entity upon behalf of which the
personoacted, executed the instrument.
WITNESS my hand and official seal
MARILYN T. MATTOS
COMM. #1572674 Z
M Notary Public •California o
Z Starnslaus County
M Comm Expires .24,2009
ignature of NJ4k Public
Place Notary Seal Above
CLERK'S CERTIFICATION
State of California)
County of Fresno)
On December 6. 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
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By
Deputy