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Home My WebLink AboutT-5728 - Agreement/Covenant - 7/8/2008 (3) WHEN RECORDED MAIL TO: uriU/,Mo,audu bn n�tnw wnnw wn nnn nw�w�� City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 NO FEE - Government Code 6103 CITY OF FRESNO O Planning and Development Department U- Z P.W. File No. 11067 O V W - U) Q W J EL STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT ACKNOWLEDGING RIGHT-TO-FARM LAW FOR THE FINAL MAP OF TRACT NO. 5728, PHASE 2 OF VESTING TENTATIVE MAP NO. 5316/UGM Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Tract No. 5728 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 155, inclusive, and Outlots A through E, inclusive, of Tract No. 5728, Phase 2 of Vesting Tentative Map No. 5316/UGM according to the map thereof recorded on �)U/I 20Q1 in Volume '90 of Plats at Page(s) 7L.77 t 7a , 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. 5316/UGM for a 253-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. 5728, 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 Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Tract No. 5728 Page 3 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. 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. Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Tract No. 5728 Page 4 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 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.5728 Page 5 DATED: OC A/ le e CITY OF FRESNO, COVENANTOR a Municipal Corporation CENTEX HOMES, Planning and Development Department A Nevada General Partnership Nick P. Yovino, Director By: CENTEX REAL ESTATE CORPORATION, A Nevada Corporation, Managing General Partner By: By: Y Keith Bergthold, Ak,is nt Director Aaron/York, Vice resident of Entitlements, Central Valley Division E, APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney By: John W. Fox Deputy City Attorney Date: {y l (Attach Notary Acknowledgment) State of California) County of Tulare ) On May 14, 2008 before me, Mary L. Heflin, Notary Public, personally appeared AARON YORK, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that, by his signature on the instrument, the person or the entity on 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. WITNESmy hand and official seal. Signature MARY L. HEFLIN Comminlon #E 1739476 Notary Public -California Tulare County W Comm Expkw Apr 17,2011 CLERK'S CERTIFICATION State of California ) County of Fresno ) On June 25, 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. l 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 0 Deputy