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Home My WebLink AboutT-5512 - Agreement/Covenant - 5/22/2008 (4) WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 X51 ZZ/Z(0(dS,Z0�6��74436 NO FEE -Government Code 6103 CITY OF FRESNO 0 Planning and Development Department ® P.W. File No. 11094 C) w a W J C. STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT ACKNOWLEDGING RIGHT-TO-FARM LAW FOR THE FINAL MAP OF TRACT NO. 5512 i . y Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Tract No. 5512 Page 2 RECITALS WHEREAS, SPINO 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 126, inclusive, and Outlots A, B and C of Tract No. 5512 according to the map thereof recorded on /]O(,,W 20LQZ in Volume of Plats at Page(s) (a3 Ali,-cr k' , 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. 5512/UGM for a 126-lot single family residential development project including three outlots for open space/trail 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. 5512, 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, Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Tract No. 5512 Page 3 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. 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 Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Tract No. 5512 Page 4 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. 5512 Page 5 DATED: OS Ole O CITY OF FRESNO, a Municipal Corporation COVENANTOR Planning and Development Department SPINO INC., a California Corporation Nick P. Yovino, Director By: KeitK Bergthold, Assistant Director Thomas A. Spino, 1r6sident APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney By: C)it'.- ��-_'& John W. Fox Deputy City Attorney Date:____ ��Z tom` (Attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Fresno On April 8, 2008 before me, Cristian Reyes,Notary Public DATE NAME,TITLE OF OFFICER" personally appeared Thomas A. Spino NAME(S) OF SIGNER(S) who proved to me on the basis of satisfactory evidence to be the person(s'whose name is/axe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/lef/their authorized capacity), and that by his/Wh "signaturon the instrument the personor the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. CRISTIAIN REYES WITNESS my hand and official seal. COMM.#1586971 NOTARY PUBLIC-CALIFORNIA FRESNO COUNTY ouoak-o 4pMComm.Expires Jun 12,2009 SIGNATURE OF NOTARY This area for notarial seal 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 SIGNED DESCRIPTION OF ATTACHED DOCUMENT Q INDIVIDUAL State of Covenants CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) DATE OF DOCUMENT ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER(S)OTHER THAN NAMED ABOVE SIGNER IS REPRESENTING: CLERK'S CERTIFICATION State of California ) County of Fresno ) On May 7, 2008, before me, Elvia Sommerville, Deputy City Clerk, City of Fresno, personally appeared, Keith Berqthold, Assistant Planning and Development Director, who 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) acted, executed the instrument. / certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. REBECCA E. KLISCH, CMC City Clerk, City of Fresno a By Deputy SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on AUGUST 7, 2007 , in the office of the Fresno County Recorder as Document No. 2007-0149355 of which the Deed of Trust in, by and between: SPINO, -.INC. , A CALIFORNIA CORPORATION , as Trustor, FIRST SANTA CLARA CORPORATION, A CALIFORNIA CORPORATION , as Trustee, BANK OF THE WEST, A CALIFORNIA BANKING CORPORATION 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 Law for the Final Map of Tract No. 5512. DATED: APRIL 17, 2008 BENEFICIARY By: ':WkNhfREED, V CE PRESIDENT By: (Beneficiary to print/type Name, Title and attach Notary Acknowledgment) ACKNOWLEDGMENT State of California County of CONTRA COSTA ) On APRIL 17, 2008 before me, GAIL SAMSON, NOTARY PUBLIC (insert name and title of the officer) personally appeared WENDI REED who proved to me on the basis of satisfactory evidence to be the person* whose name(e) iske subscribed to the within instrument and acknowledged to me that4*@WshekA@y executed the same in 4ie/her/tl4&*authorized capacity("), and that by-4is/her/"r signatura(c.) on the instrument the person(c�, or the entity upon behalf of which the person(e4 acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. GAIL iA11�ON WITNESS my hand and official seal. Cammis,lan • 177mt i NOWY PUbHC •C 2IN! 1 Cholycoffm Signature Al I (Seal)