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HomeMy WebLinkAboutT-6033 - Agreement/Covenant - 3/11/2015 WHEN RECORDED MAIL TO: City Clerk 03/11/2015,20150028543 City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 NO FEE - Government Code 6103 O CITY OF FRESNO 0 Development & Resource Management Department z O U �u to u, STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT ACKNOWLEDGING RIGHT-TO-FARM LAW FOR THE FINAL MAP OF TRACT NO. 60331 PHASE 1 OF VESTING TENTATIVE MAP NO. 6033 Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Tract No. 6033 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 94, inclusive, and Outlots A, B, C and D of the Final Map of Tract No. 6033 according to the map thereof recorded on MAR . It 2015 , in Volume23of Plats at Page(s) 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. 6033 for a 169-lot single family residential 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. 6033, Phase 1 of Vesting Tentative Map No. 6033, hereinafter referred to as the "Final Map," pursuant to said Tentative Map; and WHEREAS, the City of Fresno desires to obtain covenants from the Covenantorto 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 Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Tract No. 6033 Page 3 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. 3. The foregoing conditions shall remain in full force and effect until such time as the Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Tract No. 6033 Page 4 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 No. 6033 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 By; V—� By: Jenriif Kt rk, Director Darius s i, Senior e-President APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney By: Mary terman-Doidge D,e uty City Attorney Date: � � J �` (Attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 �C���>V1D ) On before me, �i' �� £' Cd Date HereIns�me and Title o the Officer personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personK whose named isfer-& subscribed to the within instrument and acknowledged to me that he/sem executed the same in his/he#Nteir-authorized capacitykei s),and that by his/heF,� signatureofon the instrument the person or the entity upon behalf of which the personacted, 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. LIANA LEWA Commission#2078341 WITNESS my hand and official seal. a +: Notary Public-California i Fresno County my Comm. fres Aug 17 21)18~ Signature 3d J ,yuzo—, Signature of Notary, ublic Place Notary Seal Above OPT/ONAL Though this section is optional, completing this infor tion can deter alteration of the document or fraudulent reattachment ofthis tar to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Oth Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _- Signer's Name: ❑ Corporate Officer — Tit/dianor _ Corporate Officer — Title(s): ❑ Partner — A Limited l Partner — 1 1 Limited 1 General ❑ Individual Attoct Individual Attorney in Fact ❑Trustee Gu onservator Trustee I Guardian or Conservator ❑ Other: Other: Signer Is Represer g: Signer Is Representing: ©2014 N final Notary Association - www.National Notary.org - 1-800-US NOTARY(1-800-876-6827) Item #5907 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 CLERK'S CERTIFICATION State of California } County of Fresno } On February 27, 2015 before me, Cindy J. Bruer, Deputy City Clerk, personally appeared, Jennifer K. Clark Director of the Development and Resource Management Department 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 By Deputy �A*reo azt SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on May 131L� 2.014 , in the office of the Fresno County Recorder as Document No. 2014- 0053361 of which the Deed of Trust in, by and between: E GaM ,a aof.J as Trustor, bL-v Repyat,w -EM0 CoMoAwy , A CA as Trustee, LQG1kw�� UL1uF�srk4eLM . LLC-.. A CA Limirm UA61RIL-1-/ Cd-tPAa)l/ 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. 6033, Phase 1 of Vesting Tentative Map No. 6033. DATED: , )O-Y\ll BENEFICIARY Ldt�N.S /N��SffiFNfJ LG G. Y7 Cf��IF•' N • �.M�i7,=.0�G/r!/.T/t/Tf' Cc)IDtF�II'�/J' By: Name: -7-rU512,z as Title: ff,Y1/-1 ID By: Name: Title: (Beneficiary to print/type Name, Title and attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 (��S On ���: (15 before me, b w,/L Lev uziLett f Date Here Irl ert Name and Title of the Officer personally appeared �k �S -SS e� Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person( whose name isf� subscribed to the within instrument and acknowledged to me that he/ y executed the same in his/hamauthorized capacity(! and that by his/hefAlieir signatureA on the instrument the personw, or the entity upon behalf of which the personas]'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. LIANA LEYVA WITNESS m hand and official seal. Commission#2078341 y �i Notary Public-California x Fresno County IN Comm.Expires Au 17,2018~ Signature Signature o ota ublic Place Notary Seal Above OPTIONAL Though this section is optional, completing this inform on can deter alteration of the document or fraudulent reattachment of this far o an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other an Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: -._ Signer's Name: ❑ Corporate Officer — Title(s): Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ Gen al Partner — I I Limited i 1 General ❑ Individual Attorney ' Fact 1 Individual ;Attorney in Fact ❑Trustee Guar ' n or Conservator I Trustee 1 Guardian or Conservator ❑ Other: Other: Signer Is Represent! Signer Is Representing: @2014 Nati I Notary Association - www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item#5907 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on "QST ('- 2D 14 , in the office of the Fresno County Recorder as Document No. =4-006666B of which the Deed of Trust in, by and between: fbwLrcR D.—gswP►A5w7T CoHPart-, log , A CA aaV2e-6-rL6Q as Trustor, Ow P.EPVBLt L t trLE fpu4PAdVY1 A C� CyP-ybe. =tt*) as Trustee, s. u 0 to Ai oo a q2c C -rAt, &,-Lft2yas 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. 6033, Phase 1 of Vesting Tentative Map No. 6033. DATED: BENEFICIARY OI�iI.����E �1TI1L eDMf'/.�N/ ( ) Vv-- Name: Title: S V By: Name: Title: (Beneficiary to print/type Name, Title and attach Notary Acknowledgment) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the hidividual who signed the doctunent to which this certificate is attached. and not the truthfiihiess, accuracy or valicli , of that document. STATE OF CALIFORNIA COUNTY OF FRESNO On January 30, 2015, before me, Lori Nicole Beckman, a Notary Public, personally appeared Thomas G. Walker, 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 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. WITNESS my hand and official seal. Signature [SEAL] LORI NICOLE 0EClfMAN CO mmla:lon#2012327 Nolary Public•Cglorml a, Frrtno County a Conon.E a Mar i5 2Q17~