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Home My WebLink AboutT-5646 - Agreement/Covenant - 1/9/2008 . WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 12/21/2007120070225234 NO FEE - Government Code 6103 O Z CITY OF FRESNO O Planning and Development Department V W P.W. File No. 11203 a W J STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT ACKNOWLEDGING RIGHT-TO-FARM LAW FOR THE FINAL MAP OF TRACT NO. 5646 • Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Tract No. 5646 Page 2 RECITALS WHEREAS, DWAYNE C. SMITH AND JEANNIE A. SMITH, Trustees of the Dwayne C. Smith and Jeannie A. Smith Living Trust Dated December 20, 2004, 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: Lot 1 of Tract No. 5646 according to the map thereof recorded on December ,2I 200 in Volume?0 of Plats at Page(s) y/ ot 41._1 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. 5646 for a 1-lot condominium 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. 5646, 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 away as to adversely affect adjoining properties. Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Tract No. 5646 Page 3 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 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. Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Tract No. 5646 Page 4 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 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. 5646 Page 5 DATED: 12, r,r O7 CITY OF FRESNO, COVENANTOR a Municipal Corporation DWAYNE C. SMITH AND JEANNIE A. SMITH, Trustees of the Dwayne C. Smith and Jeannie A. Smith Living Trust Dated December 20, 2004 By: Ar� — — Keith Bergthold, Assist nt Director Planning and Development Department By: Dwayne C. mith, Trustee APPROVED AS TO FORM: , eannie A. Smith, Trustee JAMES C. SANCHEZ City Attorney By:—(::] / John W. Fox Deputy City Attorney Date: (Attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of �07\ Ce�A 1 `-- On �("L�Z(Z' before me, ��;C . C{ ��lO , pAlak C Date �� Name and Title of Officer( .g.,"Jane Doe,N y Pulylic') personally appeared Ol t S `t-c/) f Name(s)of ner(s) � J ❑ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(sXare subscribed to the Ca"' M. CABTILLO within instrument and acknowledge to me that Commission #t 1762693 hey executed the same in er/their authorized -� Notary Public-California pacity(ies), and that by his/her/their signature(s) on the Monterey County instrument the person(s), or the entity upon behalf of WCOMIR 89*%AV20,2D11 which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature :1 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: Cry<'-e x--1 n M—_ A,`) Trot'- 'CYC ^- Document Date: �h ,1;�- (�)-1 Number of Pages: 1 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate icer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ ited ❑ General ❑ ll- r—❑ Limited El General ❑ Attorney in Fact • ❑Attorn in Fact • of thumb here Top of thumb here ❑ Trustee ❑Trustee ❑ Guardian or Conservato ❑Guardian or C vator ❑ Other: ❑Other: Signer Is R senting: Signer Is Representing: 0 2006 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 v609 Reorder:Call Toll-Free 1-800-876-6827 CLERK'S CERTIFICATION State of California) County of Fresno) On December 18, 2007, before me, Sherrie L. Badertscher, Deputy City Clerk, personally appeared, Keith Bergthold, Assistant Director Planning and Development Department, 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. WITNESS my hand and official seal. REBECCA E. KLISCH CITY CLERK, CMC By dVA A A: Deputy Y SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Dees of Trust recorded on January 2, 2007, in the office of the Fresno County Recorder as Document No. 2007 0000220 of which the Deed of Trust in, by and between: Dwayne C. Smith & Jeannie A. Smith, Trustees of the Dwayne C. Smith & Jeannie A. Smith Living Trust dated 12/20/2004 as Trustor, California Reconveyance Company as Trustee and Washington Mutual Bank, 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. 5646. DATED: November 2007 BENEFICIARY jff to#3 PkFsiAElul— STATE OF TEXAS COUNTY OF DALLAS On November. 2007 before me /J /8� vL� aN Pu� rin andc for said state, personally appeared 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, 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. Witness my hand and official seal. p.AWA Y,V Notary Public in and for said State ]jonE] X414 MT sp