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Home My WebLink AboutT-5770 - Agreement/Covenant - 4/24/2014 (7) WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street 04/24/2014 2014 Fresno, CA 93721-3603 0046087 NO FEE -Government Code 6103 It CITY OF FRESNO Q Development & Resource Management Department LL z D V W CA a LU IL STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT ACKNOWLEDGING RIGHT-TO-FARM LAW FOR THE FINAL MAPS OF TRACT NO. 5770, PHASE 2 OF VESTING TENTATIVE MAP NO. 5300 AND TRACT NO. 55679 OF VESTING TENTATIVE MAP NO. 5567 Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Tract Nos. 5770 and 5567 Page 2 RECITALS WHEREAS, LENNAR FRESNO,INC.,a California Corporation, 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 76, inclusive, of the Final Map of Tract No. 5770 according to the map thereof recorded on ��t P 2 6- ?,k ; U k in Volume E±of Plats at Page(s) 5 Asr> to, Fresno County Records. Lots 1 through 17, inclusive, of the Final Map of Tract No. 5567 according to the map thereof recorded on A rfz 1 t_ Zz-1 0 2c,ILA in Volume a of Plats at Page(s) `7 Atib a , Fresno County Records. 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. 5300 for a 148-lot single family residential development project and Vesting Tentative Map No. 5567 for a 17-lot single family residential development project, hereinafter referred to as the "Tentative Maps;" and WHEREAS, the Covenantor has filed with the City of Fresno Final Maps of Tract No. 5770 and Tract No. 5567, hereinafter referred to as the "Final Maps," pursuant to said Tentative Maps; 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. Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Tract Nos. 5770 and 5567 Page 3 COVENANTS, CONDITIONS, AND RESTRICTIONS For favorable action on, and approval of, the Covenantor's application for approval of said Final Maps, 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 Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Tract Nos. 5770 and 5567 Page 4 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. 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. Waiver of 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. Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Tract Nos. 5770 and 5567 Page 5 DATED: / , Y2Cti 314 20//" CITY OF FRESNO, COVENANTOR a Municipal Corporation LENNAR FRESNO, INC., Development & Resource Management A California Corporation Department Jennifer Clark, Director . n I� Jenniif4r Cl$rk, Director Mik iller, Vice Presi ent APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney By: Talia lluri( rbick Senior Deputy City Attorney Date: (Attach Notary Acknowledgment) CLERK'S CERTIFICATION State of California ) County of Fresno ) On April 1, 2014 before me, Sherrie L. Badertscher, Deputy City Clerk, personally appeared, Jennifer Clark, Director, Development & Resource Management 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 YVONNE SPENCE, CMC City Clerk, City of Fresno By 9 Deputy OFFICIAL CALIFORNIA NOTARIAL CERTIFICATE Acknowledgment State of California ) County of Fresno ) On/4-1Z�z-/'Ki//before me, Christine Collins Notary Public personally appeared 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. CHRISTINE COLLINS Nota Public Signature COMM.*1959663 NOTARY PUCLIC CALIFORNIA FRESNO COUNTY Comm.Ex .NOV.7,2015 ADDITIONAL INFORMATION DOCUMENT INFORMATION Document Date Number of Pages TYPE OF IDENTIFICATION [ ] Satisfactory Evidence — identification card [ ] One Credible Witness acknowledging identity of principal [ ] Two Credible Witnesses acknowledging identity of principal Copyright 0 1994, All Rights Reserved, California School of Notary Public, Inc.