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Home My WebLink AboutT-5549 - Agreement/Covenant - 12/4/2008 (5) • WHEN RECORDED GAIL TO: City Clerk = City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 1210412008,20080166440 NO FEE-Government Code 6103 CITY OF FRESNO Planning and Development Department U, Z. c Cd, Lu cn Q .j STATEMENT OF COVENANTS AFFECTING LAND °" DEVELOPMENT ACKNOWLEDGING RIGHT TO OPERATE AGRICULTURAL PROCESSING FACILITY LAW FOR THE FINAL MAP OF TRACT NO. 5549 Statement of Covenants Affecting Lancs Development Acknowledging Right to Operate Agricultural Processing Facility Tract No. 5549 Page 2 RECITALS WHEREAS, the HOUSING AUTHORITY OF THE CITY OF FRESNO, A Body Corporate and Politic, hereinafter together 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 53, inclusive and Outlot A of Tract No. 5549 according to the map thereof recorded on Dexd,,*MAe-r 4 , 200$ in Volume _of Plats at Page(s) 9$ 4 49 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. 5549 for a 53-lot single family residential project, hereinafter referred to as the"Tentative Map"; and WHEREAS, the Covenantor has filed with the City of Fresno a Final Map of Tract No. 5549, 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 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 nun with Statement of Covenants Affecting Land Development Acknowledging Right to Operate Agricultural Processing Facility Tract No. 5549 Page 3 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 and agricultural processing activities. Consistent with this policy, Califomia Civil Code §3482.6 (right to operate agricultural processing facilities law) provides that no agricultural processing activity, operation, facility, or appurtenances thereof, conducted or maintained for commercial purposes,and in a manner consistent with proper and accepted customs and standards, as defined in California Civil Code §3482.6(e)(3), shall be or become a nuisance, private or public, due to any changed condition in or about the locality, after it has been in continuous operation for more than three years if it was not a nuisance at the time it began. 2. Covenantor hereby acknowledges that California Civil Code §3482.6(e)(1) states that "Agricultural processing activity, operation, facility or appurtenances thereof' includes, but is not limited to rendering plants licensed pursuant to California Food and Agricultural Code §9300 and collection centers licensed pursuant to Food and Agricultural Code§19300.5,the canning orfreezing of agricultural products, the processing of dairy products, the production and bottling of beer and wine, the processing of meat and egg products, the drying of fruits and grains, the packing and cooling of fruits and vegetables, and the storage or warehousing of any agricultural products, and includes processing for wholesale or retail markets of agricultural products. 3. Covenantor hereby acknowledges that California Food and Agriculture Code§19210 states that "meat" includes poultry and therefore a poultry processing facility would fall within the scope of Civil Code §3482.6. 4. 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 Statement of Covenants Affecting Land Deveiopmeni Acknowledging Right to Operate Agricultural Processing Facility Tract No. 5549 Page 4 in any manner to any person other than to a successor municipal corporation whose geographic boundaries include the Subject Property. 5. The foregoing conditions shall remain in full force and effect until such time as the Planning and Development Department Director issues a written release of such conditions and obligations and records such release with the Fresno County Recorder. 6. 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 content so requires, any gender includes the other genders, the singular includes the plural, and the plural includes the singular. .si i"ci f vC;1i� c','LJ r'.IiecTt%lq l,_.`-ind Develcpi—nen it Acknowledging Right to Operate Agricultural Processing Facility Tract No. 5549 Page 5 DATED: I l_0 a COVENANTOR Housing Authority of the City of Fresno CITY OF FRESNO, A Body Corporate and Politic a Municipal Corporation By: B _ /r Pre ton Prince Executive Director Y , Keith Bergthcld,LA-ctinqlbirector Planning and Development Department APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney (Attach Notary Acknowledgment) B Jo Fox, Deputy City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of E'rse5n Z On1 5 Z K before me, �u at?h e 0/_5t-,e7, AJe�/ t/ P6t Date Here Insert Namd and Title of the Officerl personally appeared Pyte54-0i? n e2 Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons) whose nam*) is/are subscribed to the within instrument and acknowledged to me that SUZANNE OLSEN he/she y executed the same in his/herheir authorized ' Commission# 1512965 capacity(iee), and that by his/hen�eir signature(e) on the a " Notary Public-California Z = .�' instrument the person(s), or the entity upon behalf of Fresno County My Comm.Expires Sep 12,2008� which the person(a) 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. Signatur Place Notary Seal Above Signature of Notary Public OPTIONAL 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General _ ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact • ❑Attorney in Fact • ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 CLERK'S CERTIFICATION State of California ) County of Fresno ) On November 20. 2008, before me, Elvia Sommerville, Deputy City Clerk, City of Fresno, personally appeared, Keith Berqthold, Acting 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. 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. REBECCA E. KLISCH, CMC City Clerk, City of Fresno J By Deputy ��a oc