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Home My WebLink AboutT-5553 - Agreement/Covenant - 4/21/2010 (4) WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 04/20/2010,20100050343 NO FEE - Government Code 6103 CITY OF FRESNO Planning and Development Department 0 LL Z 0 L) W w a W J CL STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT ACKNOWLEDGING RIGHT-TO-FARM LAW FOR THE FINAL MAP OF TRACT NO. 5553 Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Tract No. 5553 Page 2 RECITALS WHEREAS, DE YOUNG PROPERTIES 5553 L.P., a California Limited 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 42, inclusive, of Tract No. 5553 according to the map thereof recorded on A_011 , 20/0 in Volume RI of Plats at Page(s) y.2 4 y3 , 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. 5553 for a 42-lot single family residential development 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. 5553, 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. 5553 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. In the event that litigation is instituted to enforce or interpret any provision of this Statement,the parties agree that the prevailing party shall be paid reasonable attorney's fees,costs Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Tract No. 5553 Page 4 and litigation expenses. 5. 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, and the plural includes the singular. Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Tract No. 5553 Page 5 DATED: K., 20/6 CITY OF FRESNO, COVENANTOR a Municipal Corporation De Young Properties 5553 L.P., Planning and Development Department A California Limited Partnership John M. Dugan, AICP, Director By: Team 5 Properties, Inc. A California Corporation, Its Sole Gener ' Partner By: By: er D. Bishop, sistant Director Jerry A. 96 Young, reside APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney By: - anno Gha in Depu rney Date: (Attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT tc i State of California I " County of Obefore me, L �� e,AI�4 I DateZHIert Nam and Title the Officer personally appeared' I Name(s)of M r(s) I. v who proved to me on the basis of satisfactory evidence to be the person('} whose name(is) is/a;&- subscribed s/atesubscribed to the within instrument and acknowledged to me that he/s4efthey executed the same in f lis/4e#their authorized capacity(ies.), and that by his/hef*mir signatureFs) on the instrument the person(5), or the entity upon behalf of which the BRENDA C. POE person(q) acted, executed the instrument. ` COMM. #1868032 —+ NOTARY PUBLIC-CALIFORNIA „, I certify under PENALTY OF PERJURY under the FRESNO COUNTY laws of the State of California that the foregoing My Comm.ExDires November B,2013 g g paragraph is true and correct. WITNESS my hand and official seal. Signature: ?Z Place Notary Seal and/or Stamp 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 I 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: 4 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signers) Signer's Name: Signer's Name: ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Individual ❑Individual ” ❑ Partner—❑Limited ❑General Top of thumb here ❑ Partner— Limited r__ Top of thumb here " ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee C'Trustee ❑ Guardian or Conservator -I Guardian or Conservator ❑ Other: D Other: Signer Is Representing: Signer Is Representing: 02008 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 April 12, 2010 before me, Sherrie L. Badertscher, Deputy City Clerk, personally appeared, Jerry D. Bishop, Assistant Director, Planning and Development Department, 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), or the entity upon behalf of which 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 '4 Orr o By Deputy SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded onM /` d-57-,zPW/U , in the office of the Fresno County Recorder as Document No. PP/ 0 0 12 3 if?3 of which the Deed of Trust in, by and between: as Trustor, W C4C 5'�Y as Trustee, -Z— 1,eA///I 4:t54XJ 7 .lt f` 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. 5553. DATED: y42 /41, BENEFICIARY By: By: (Beneficiary to print/type Name, Title and attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Wwm State of California County of r On ��-��, :1-fit/p before me, �� .- d� Date Here Insert Nameland Title of the Office personally appearedu Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the personN) whose name( is/aFe subscribed to the within instrument and acknowledged 4 to me that he/she#hey executed the same in his/heq#t&r authorized capacity('ie6), and that by his/kr�r signature(-,) on the instrument the personN, or the entity upon behalf of which the person(N acted, executed the instrument. BRENDA C. POE COMM. #1868032 I certify under PENALTY OF PERJURY under the NOTARY PUBLIC-CALIFORNIA ` laws of the State of California that the foregoing AIRFRESNO COUNTY paragraph is true and correct. My Comm.Ezpues November 8,2013 WITNESS my hand and official seal. Signature: Place Notary Seal and/or Stamp 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 Doc ment Title or Type of Document: 1Y Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer—Title(s): 7 Corporate Officer—Title(s): ❑ Individual _I Individual C Partner— I Limited ❑General Top of thumb here ❑ Partner— -1 Limited C General Top of thumb here ❑ Attorney in Fact I�Attorney in Fact ❑ Trustee 1 Trustee ❑ Guardian or Conservator _ Guardian or Conservator w ❑ Other: =Other: Signer Is Representing: Signer Is Representing: 02008 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