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HomeMy WebLinkAboutT-6036 - Agreement/Covenant - 2/12/2015 WHEN RECORDED MAIL TO: City Clerk City ofFresno 6Fresno Street Fres0no`CA 93721-3603 For the benefit of the Ciy NO FEE - Government Code 6103 CITY OF FRESNO 0 Development & Resource Management Department ILLZ O U W to a W J a STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT ACKNOWLEDGING RIGHT-TO-FARM LAW FOR THE FINAL MAP OF TRACT NO. 6036 Statement of Covenants Affecting Land Development Acknowledging Right-to-Farre Law Tract No.6036 Page 2 RECITALS WHEREAS, BERNARD K. KARIAN AND MARION M. KARIAN, AS TRUSTEES OF THE KARIAN FAMILY TRUST UNDER TRUST AGREEMENT DATED JANUARY 22, 1999,AS TO AN UNDIVIDED THIRTY PERCENT (30%) INTEREST; RICHARD C. ELLSWORTH AND JEAN M. ELLSWORTH, TRUSTEES OF THE ELLSWORTH FAMILY TRUST DATED APRIL 15, 1999, AS TO AN UNDIVIDED TWENTY-FIVE PERCENT (25%) INTEREST; ANTHONY J. MASTRO AND TERRY T. MASTRO, HUSBAND AND WIFE, AS COMMUNITY PROPERTY, AS TO AN UNDIVIDED TEN PERCENT (10%) INTEREST; HOWELL E. WIGGINS, JR. AND SHARRON WIGGINS,AS TRUSTEES OF THE WIGGINS FAMILY TRUST, UTA FEBRUARY 7, 2000,AS TO AN UNDIVIDED 10 PERCENT (10%) INTEREST; AND GEORGE SCHNEIDER, TRUSTEE OF THE GEORGE SCHNEIDER AND LYDIA H. SCHNEIDER 1991 LIVING TRUST, DATED JUNE 4, 1991,AS TO AN UNDIVIDED TWENTY-FIVE PERCENT(25%) INTEREST, hereinafter referred to as the "Covenantor," is the owner of that certain real property in the County of Fresno, State of California, hereinafter referred to as the "Subject Property" and more particularly described as: Real property in the unincorporated area of the County of FRESNO, State of California, described as follows: ALL THAT PART OF SECTION 8, TOWNSHIP 13 SOUTH, RANGE 19 EAST, MOUNT DIABLO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, BOUNDED AS FOLLOWS, TO WIT: BEGINNING AT A POINT 30 FEET WEST OF THE EAST LINE OF SAID SECTION AND 944 FEET NORTH OF THE SOUTH LINE OF SAID SECTION; THENCE NORTH 914 FEET TO A POINT 30 FEET WEST OF SAID EAST LINE OF SAID SECTION;THENCE WEST 862.68 FEET TO A POINT 1858 FEET NORTH OF THE SOUTH LINE OF SAID SECTION; THENCE SOUTH 914 FEET TO A POINT 892.60 FEET WEST OF THE SAID EASTERLY LINE OF SAID SECTION; THENCE EAST 862.60 FEET TO THE POINT OF BEGINNING. APN: 505-050-11 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 Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Tract No.6036 Page 3 instrument; and WHEREAS, the Covenantor has filed and the City of Fresno has approved, Vesting Tentative Map No. 6036 for a 99-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. 6036, of Vesting Tentative Map No. 6036, 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 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 Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Tract No.6036 Page 4 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 forthree 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. 1 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 Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Tract No.6036 Page 5 the same ora different provision of this Statement of Covenant. No provisions of this Statement of Covenant maybe waived unless in writing and signed by all parties to this Covenant. Waiverofany 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.6036 Page 6 DATED. _ y"; CITY OF FRESNO, a Municipal Corporation Development& Resource Management Department Jennifer K. Clark, Director L;�7� V-U44---_ By: Je niVC Clark, Director APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney By: m Rateran-Doidge eputy City Attorney Date: ZLC Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Tract No.6036 Page 7 COVENANTOR BERNARD K. KARIAN AND MARION M. KARIAN, HOWELL E. WIGGINS,JR. AND SHARRON AS TRUSTEES OF THE KARIAN FAMILY TRUST WIGGINS, UNDER TRUST AGREEMENT DATED JANUARY 22, AS TRUSTEES OF THE WIGGINS FAMILY TRUST, 1999, AS TO AN UNDIVIDED THIRTY PERCENT UTA FEBRUARY 7, 2000, AS TO AN UNDIVIDED (30%)INTEREST 10 PERCENT(10%) INTEREST k By` �c By. / Berriar. Kar' n,T ustee Howell E. iggins, Jr., Trustee y { ) A BY: (G l vt L�"�l By. jY�_ WLWAidS Marion M. Karian, Trustee Sharron Wiggins, Tr GEORGE SCHNEIDER, TRUSTEE OF THE GEORGE SCHNEIDER AND RICHARD C. ELLSWORTH AND JEAN M. LYDIA H. SCHNEIDER 1991 LIVING TRUST, ELLSWORTH, DATED JUNE 4, 1991, AS TO AN UNDIVIDED TRUSTEES OF THE ELLSWORTH FAMILY TRUST TWENTY-FIVE PERCENT(25%) INTEREST DATED APRIL 15, 1999, AS TO AN UNDIVIDED TWENTY-FIVE: PERCENT(25%) INTEREST By- George SchnOder, Trustee Richard C. Ells orth, Trustee 'ean M. Ellsworth, Trustee ANTHONY J. MASTRO AND TERRY T. MASTRO, HUSBAND AND WIFE, AS COMMUNITY PROPERTY,AS TO AN UNDIVIDED TEN PERCENT (10%) INTEREST, BY -1 t (Attach Notary Acknowledgment) Anthony J. Mastr By. tz�' erry T. astro 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 February 12, 2015 before me, Cindy Bruer, Deputy City Clerk, personally appeared, Jennifer K Clark, Director, Development and 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 I t r �. Deputy nl 4� j�bJ 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 Lyalidity of that document. State of California County of F RF-5M D ) On JAN iA AAS ZC, 'ZG'i 5 before me, "ir�[;u� ti%0'rAA4 PL-(13 L4 C (insert name and title of the officer) personally appeared ktC.lAA kO 0 . CLi-SWC ',IT H who proved to me on the basis of satisfactory evidence to be the person($)whose name(g)islap-- subscribed to the within instrument and acknowledged to me that he/she trey executed the same in hislheritheir authorized capacity(i€&), and that by his/heFAMir signature(s) on the instrument the person(), or the entity upon behalf of which the person() acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. L,KUM WITNESS my hand and official seal. �°'�'°lNOTARY PUSL C`NCALIFORNIA Y ® COMMISSION#2091182 FRESNO COUNTY r•� awe My Comm.Exp.December 21,2018 Signature "1 - { ��` i (Seal) 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 FRE-5,N0 ) On TANi. MZ� 2-1 , 20 ,5- before me, k, Q. y l;v�i'0, POTAP- ( P1,16L i C (insert name and title of the officer) personally appeared 6-60 P-4�t 5 if,1-4 N E 1j3 i=✓� who proved to me on the basis of satisfactory evidence to be the person(v)whose name(*) is/ap& subscribed to the within instrument and acknowledged to me that he/sheAl4&y executed the same in his/hefAheir authorized capacity(i,&s), and that by his/he4heir signature()on the instrument the person( ), 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. 0.", L.K.VtNUM NOTARY PUBLIC.CALIFORNIA c`7+ COMMISSION#2091182 F FRESNO COUNTY My Comm.Ezp,December 2i,2©18 Signature �L (Seal) 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___rk S&C On fA;tlitAA�j 21 , 2C19 before me, i!tli(i �i TA-Y Pcl6L i[. (insert name and title of the officer) personally appeared J-&AAj N( , EL L&k;(j r4-t H who proved to me on the basis of satisfactory evidence to be the person()whose name(g) Warp- subscribed to the within instrument and acknowledged to me that he/sheltk ey executed the same in hislherltWr authorized capacity(las), and that by h+slherltheif signature(p)on the instrument the person(d), or the entity upon behalf of which the person(g)acted, executed the instrument. 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. g `"`"�� NOTARYPUSIUCINUM-CALIFORNIA w COMMISSION#2091182 FRESNO COUNTY a My Corms.Exp.December 21,201a Signature (Seal) 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 E rL SN c On S8kiL;AP-j L1 , 2,&, _ before me, l- K- Vt,Y'L AA, A,'L-,-rA,14 046 U (insert name and title of the officer) personally appeared 1AC-tz-i�LL C-. L&i 6-6 1 , TQ. 4- �S RA;2jLco;� tc r& ! who proved to me on the basis of satisfactory evidence to be the person)whose names)is/are subscribed to the within instrument and acknowledged to me that hels4eIthey executed the same in hisiher-ltheir authorized capacity(ie s , and that by h+sAw/their signature(s)on the instrument the person(§), 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. OMyCOMM. L.K.VIIVUM WITNESS my hand and official seal, NOTARY PUBLIC-CALIFORNIA COMMISSION#2091182FRESNO COUNTY Exp.Decefter 21,2018 Signature V ��� _ (Seal) 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 Fr2.e,--o'U0 ) On TA N LN A A%' 222-, z.o lI _before me, i��. U� V�€fyt� � � � �t P W3 L E c (insert name and title of the officer) personally appeared PR-EfZyA,213 l - k)A!Q%A,v 4 ft\0;Zio:� M kAr2kA�-) who proved to me on the basis of satisfactory evidence to be the person(.;;)whose name(ss) is/are subscribed to the within instrument and acknowledged to me that hed /they executed the same in hLs �Itheir authorized capacity(ies), and that by h+s>r+ierltheir 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. *My L.K.VINUM WITNESS my hand and official seal. NOTARYPUBUC-CALIFORNIA COMMISSION#2091182 2 FRESNO COUNTY Comm.Exp.December 21,2018 Signature 1-" r . �� (Seal) 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 I~Rys pit' ) On 3A�,juAP—'i Z(e, lC►; before me,_ V�- Vi UA, )UC-T,'A/V`[ PLJ4;L►C (insert name and title of the officer) personally appeared )ltiTIACN\i 3. tAAsCtzc, ' TF-tZtZ't T P`ASn2G who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) Ware subscribed to the within instrument and acknowledged to me that heP,4elfhey executed the same in hfs1harltheir authorized capacity(i,es),and that by Wher/their signature( on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. °F T L.K.VINUM WITNESS my hand and official seal. _ 4�'"'" NOTARY PUBLIC-CALIFORNIA r m COMMISSION#2091182 ` y*_ FRESNO COUNTY My Comm.Exp.December 21,2618µ � rrvaw Signature _ (Seal)