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Home My WebLink AboutT-5531 - Agreement/Covenant - 2/5/2015 WHEN RECORDED MAIL TO: City Clerk City of Fresno 02/05/2015,2015@@11914 2600 Fresno Street Fresno, CA 93721-3603 NO FEE- Government Code 6103 CITY OF FRESNO Development & Resource Management Department STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT ACKNOWLEDGING RIGHT-TO-FARM LAW FOR THE FINAL MAP OF TRACT NO. 5531 , PHASE 1 OF VESTING TENTATIVE MAP NO. 5531 Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Tract No. 5531 Page 2 RECITALS WHEREAS, CENTEX HOMES,A Nevada General 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 163, inclusive, and Outlots A, B, C and D of the Final Map of Tract No. 5531 according to the map thereof recorded on 2015' , in Volume of Plats at Page(s) C��,1P'g.q, 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. 5531 for a 328-lot single family residential subdivision, hereinafter referred to as the "Tentative Map;" and WHEREAS,the Covenantor has filed with the City of Fresno a Final Map of Tract No. 5531, Phase 1 of Vesting Tentative Map No. 5531, hereinafter referred to as the "Final Map," pursuant to said Tentative Map; and WHEREAS, the City of Fresno desires to obtain covenants from the Covenantorto 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 Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Tract No. 5531 Page 3 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 forthree 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 Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Tract No. 5531 Page 4 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. If either party is required to commence any proceeding or legal action to enforce or interpret any term or condition of this Statement of Covenant,the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses. For the purposes of this Statement of Covenant, "attorneys'fees"and "legal expenses" include, without limitation, paralegals' fees and expenses, attorneys, consultants fees and expenses, expert witness fees and expenses, and all other expenses incurred by the prevailing party's attorneys in the course of the representation of the prevailing party in anticipation of and/or during the course of litigation,whether or not otherwise recoverable as"attorneys'fees"or as"costs" under California law, and the same may be sought and awarded in accordance with California procedure as pertaining to an award of contractual attorneys' fees. 5. The waiver by either party of a breach by the other of any provision of this Statement of Covenant shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Statement of Covenant. No provisions of this Statement of Covenant may be waived unless in writing and signed by all parties to this Covenant. Waiverof any one provision herein shall not be deemed to be a waiver of any other provision herein. 6. The provisions of this Statement of Covenants 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 one provisions hereof. Whenever the context of the Statement of Covenants so requires, in interpreting this Statement of Covenants,any gender includes the other genders, the singular includes the plural, and the plural includes the singular. x k * x Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Tract No. 5531 Page 5 DATED: CITY OF FRESNO, COVENANTOR a Municipal Corporation CENTEX HOMES, Development & Resource Management A Nevada General Partnership Department Jennifer K. Clark, Director By: By: t- Jen i r K. Claris, Director Gregoan Dam, . Division Vice President of Land Planning and Development APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney By: Y Mary Raterman-Doidge ,y Deputy City Attorney Date:L:�7 / 1 (Attach Notary Acknowledgment) ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF PLACER ) On November 25 _, 2014, before me, Chris A. Downum Notary Public, personally appeared GREGORY S. VAN DAM06. - who proved to me on the basis of satisfactory evidence to be the personKwhose name) is/are subscribed to the within instrument and acknowledged to me that lie xecuted the same in hi erftr-authorized capacity, and that b hist � 'gnature,(ayon the instrument the person;or 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. WITNESS my hand and official seal. CHRIS A. DOWNUM Commission #2081468 Notary Public -California Z Placer County My Comm. Expires Oct 10.2018 Notary Seal OPTIONAL SECTION Title of Document Date of Document_ No.of Pages Other signature(s)not acknowledged CLERK'S CERTIFICATION State of California) County of Fresno ) On December 31, 2014 before me, Cindy Bruer, Deputy City Clerk, personally appeared Jennifer K. Clark, Director of the Development and Resource Management Department of the City of Fresno who 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), acted, executed the instrument. I certify under PENALTY OR PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. YVONNE SPENCE. CMC CITY CLERK, City of Fresno By Dep ty n �y o ii$