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Home My WebLink AboutT-5427 - Agreement/Covenant - 5/21/2007 (3) 1 16 WHEN RECORDED MAIL TO: I City Clerk City of Fresno 2600',Fresno Street Fresno, CA 93721-3603 05/16/2007120070096383 NO FEE -Government Code 6103 CITYi OF FRESNO � Planning and Development Department ME I P.W.J File No. 11031 CD U ` O � I STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT ACKNOWLEDGING RIGHT-TO-FARM LAW FOR THE FINAL MAP OF TRACT NO. 5427/UGM, PHASE 1 OF VESTING TENTATIVE MAP NO. 5427/UGM AND TRACT NO. 5686/UGM, PHASE 2 OF VESTING TENTATIVE MAP NO. 5427/UGM I IIS i .• it Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Final'Map of Tract Nos. 5427/UGM and 5686/UGM Page 2 RECITALS j WHEREAS, LENNAR FRESNO 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 174, inclusive, and Outlots "A" and "B" of Tract No. 5427/UGM according to the map thereof recorded on , j 20117 in Volume of Plats at Page(s)30 Ann S3 , Fresno County Records; and Lots 1 through 165, inclusive, and Outlots "A" of Tract No. 642 /UGM according to the map thereof recorded on , 20 r' in Volume _of.Plats at Page(s) 3V 7fhrU 3'2 , 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 i WHEREAS, the Covenantor has filed and the City of Fresno has approved, Vesting Tentative Map No. 5427/UGM for a 339-lot single family (plus 1-outlot) residential development project, hereinafter referred to as the "Tentative Map;" and I WHEREAS, the Covenantor has filed with the City of Fresno a Final Maps of Tract Nos. 5427/UGM and 5686/UGM, hereinafter referred to as the "Final Map," pursuant to said Tentative Map; and i 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 I Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Final,Map of Tract Nos. 5427/UGM and 5686/UGM Page 3 adjoining properties. I i I COVENANTS, CONDITIONS, AND RESTRICTIONS I For favorable action on, and approval of, the Covenantor's application for approval of said Finally''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 'I 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 I 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 n'o third party beneficiaries of such obligations nor shall the right of the City of Fresno be Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Final,Map of Tract Nos. 5427/UGM and 5686/UGM Page 4 transferable in any manner to any person other than to a successor municipal corporation whose i 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 I 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. I, I I i i i I I I i Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Final'Map of Tract Nos. 5427/UGM and 5686/UGM Page'5 DATED: 04 124 lb CITY,OF FRESNO, COVENANTOR a Municipal Corporation LENNAR FRESNO, INC. A California Corporation By: By: Keith Bergthold, Acting Director Steve Lutton, Vice President Planning and Development Department APPROVED AS TO FORM: i JAMES C. SANCHEZ City Attorney I B -' G; Deputy x (Attach Notary Acknowledgment) SII II t STATEOFLU11� COUNTYOFe5�� ] 0"J� d before me, l L 1G (here insert name and title of the officer),personally appeared personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons)whose name(s)-is/ara- subscribed to the within instrument and acknowledged to me that he/sha44ey executed the same in hisUvAei-authorized capacity(i9J and that by hisib Ahek signature(a}on the instrument the person(s),or the entity upon behalf of which the pe on(e)'acted,executed the instrument. WITNESS my hand and officdal seal. NET LSONN f (�� commbdon*1601712 Signa SEAL btic-caokxft g -(SEAL) � No4ary Pu RM10 County wV comm.Ey;*m Aug 19,2009 This area for Oficial Notarial Seal I OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT TITLE(S) E) PARTNER(S) E) LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OFIPERSON(S)OR ENTrrY(IES) SIGNER(S)OTHER THAN NAMED ABOVE '°-1232(REV12105) ALL-PURPOSE ACKNOWLEDGEMENT CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO) On April 25, 2007, before me, Elvia Sommerville, Deputy City Clerk, City of Fresno_, personally appeared, Keith Bergthold, Acting 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 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 the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I WITNESS my hand and official seal. REBECCA E. KLISCH CITY CLERK, CMC By Deputy \ 9 F li II I