HomeMy WebLinkAboutT-6030 - Agreement/Covenant - Acknowledging Right to Farm Law - 6/7/2018 RECORDING REQUESTED BY %
AND WHEN RECORDED MAIL TO: ( �, ':, :;: IIII ill I.IIII II II IIII:IIIIII�II III III I IIII I II IIII it � . :
FRESNO County Recorder
City Clerk Paul Dictos, C.P.A.
City of Fresno DOC— 2018-0067126
2600 Fresno Street Acct 8002-Old Republic Title CONCORD
Fresno, CA 93721-3603 Thursday, JUN 07, 2018 08:00:00
Tt 1 Pd $218.N Rcpt # 0005010065
ARG/R3/3-11
NO FEE - Government Code 6103 - --- ----- ----and 27388.1 a 2 D
CITY OF FRESNO
Development & Resource Management Department
STATEMENT OF COVENANTS AFFECTING LAND
DEVELOPMENT ACKNOWLEDGING RIGHT-TO-FARM
LAW FOR THE FINAL MAP OF TRACT NO. 603%
PHASE 2 OF VESTING TENTATIVE MAP NO. 5717
Statement of Covenants Affecting Land Development
Acknowledging Right-to-Farm Law
Tract No. 6030
Page 2
RECITALS
WHEREAS, FOWLER DEVELOPMENT COMPANY, 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 108, inclusive and Outlots A, B and C of the Final Map of
Tract No. 6030 according to the map thereof recorded on
-1/7e 7 20,12 , in Volume Syof Plats at Page(s) O ,
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. 5717 for a 205-lot single-family residential subdivision and an 8-lot industrial
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. 6030,
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,
Statement of Covenants Affecting Land Development
Acknowledging Right-to-Farm Law
Tract No.6030
Page 3
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.
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
Statement of Covenants Affecting Land Development
Acknowledging Right-to-Farm Law
Tract No. 6030
Page 4
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 parry 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 parry in anticipation of and/or
during the course of litigation,whether or not otherwise recoverable as"attomeys'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 No. 6030
Page 5
DATED:
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
FOWLER DEVELOPMENT COMPANY, INC.
Development & Resource Management A California Corporation
Department
Jennifer K. Clark, Director
B By:
Jen N.
Clark, Director Darius Assemi, Senior Vice President
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
i
By:
Ma aterman-Doidge
puty City Attorney
Date:
(Attach Notary Acknowledgment)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Fresno )
On April 20, 2018 before me, Madelyn Cuellar, Notary Public
(insert name and title of the officer)
personally appeared Darius Assemi
who proved to me on the basis of satisfactory evidence to be the personal whose nameke) is/A-W&
subscribed to the within instrument and acknowledged to me that hefgheAh y executed the same in
his/her/ttT&authorized capacity(ie&), and that by his/hQr4hQir signature(o on the instrument the
person(e�, or the entity upon behalf of which the personal 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.
MADELYN CUELLAR
WITNESS my hand and official seal. Commission#2103017
Notary Public-California
Fresno County
Comm.Lmlres Mar 13,2019+'
Signature Q G�1L �G�1 (Seal)
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document,to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document
CLERK'S CERTIFICATION
State of California )
County of Fresno )
On May 18, 2018 before me, Marco Martinez-Velasquez, Deputy City Clerk, personally
appeared, Jennifer K. Clark, Director, Development and Resource Management Department
(DARM)of the City of Fresno, 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 G,t+ °F FRFs
# yo
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By
Deputy
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on December 11, 2008 , in the office of the Fresno County Recorder as
Document No. 2008-0169447 of which the Deed of Trust in, by and between:
Locans Investments, LLC a California Elim-WEEU Elim-WEELiability Company and
Assemi Brothers, T.T,C, a California Limited T,iahilit�z Company as Trustor,
First American Title Company , as Trustee,
U.S. Bank National Assoc. dba Housing Capital Company 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. 6030, Phase 2 of Vesting Tentative Map No. 5717.
DATED:
BENEFICIARY
By:
U.S. Bank National Assoc. dba Housing Capital Company
Name: Carrie L. Duran
Title: V.P.
By:
Name:
Title:
(Beneficiary to print/type Name, Title and
attach Notary Acknowledgment)
`-U
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Fresno )
On April 23, 2018 before me, Madelyn Cuellar, Notary Public
(insert name and title of the officer)
personally appeared Carrie L. Duran
who proved to me on the basis of satisfactory evidence to be the person(.&) whose name(.&) is/afe-
subscribed to the within instrument and acknowledged to me that he/&heAht executed the same in
his/he;4heeF authorized capacity(-es), and that by his/herf4eir signature fs on the instrument the
personko, or the entity upon behalf of which the personal 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.
MADELYN CUELLAR
WITNESS my hand and official seal. Coo mbsion•2103017Notary Public-California
Fresno County
.Comm. Ives Mar 13,2019
Signature�-� `�/�� (Seal)
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on September 14, 2015 , in the office of the Fresno County Recorder as
Document No. 2015-0118378 of which the Deed of Trust in, by and between:
Fowler Development Company, Inc a California Corporation as Trustor,
Old Republic Title Company , as Trustee,
Locans Investments, LLC a California Limited Liability Company 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. 6030, Phase 2 of Vesting Tentative Map No. 5717.
DATED: KA a4= ( r 20l s/
BENEFICIARY
A�41 L/�^o2N A UMC &,'¢B( (?Y C04.W Y
By:
Name: Darius Assemi
Title: Trustee of the Amended and Restated
Darius Assemi Revocable Trust, Member
By:
Name:
Title:
(Beneficiary to print/type Name, Title and
attach Notary Acknowledgment)
T
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Fresno )
On May 1, 2018 before me, Madelyn Cuellar, Notary Public
(insert name and title of the officer)
personally appeared Darius Assemi
who proved to me on the basis of satisfactory evidence to be the persons}whose name(s) is/
subscribed to the within instrument and acknowledged to me that he/sheAheexecuted the same in
his/4erhheir authorized capacity(), and that by his/loth r signature(&) on the instrument the
personj%), or the entity upon 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.
MADELYN CUELLAR
Commission#2103017
WITNESS my hand and official seal. i s Notary Public-California z
= Fresno County D
M .Comm.Expires Mar 13,2019
Signature ta (Seal)