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HomeMy WebLinkAboutT-6044 - Agreement/Covenant - 3/10/2015 WHEN RECORDED MAIL TO: City Clerk 03/06/2@15120150026659 City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 NO FEE - Government Code 6103 cc O CITY OF FRESNO LL Development & Resource Management Department O U W 0) Q W —J CL STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT ACKNOWLEDGING RIGHT-TO-FARM LAW FOR THE FINAL MAP OF TRACT NO. 60445 PHASE 3 OF VESTING TENTATIVE MAP NO. 5597 Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Tract No. 6044 Page 2 RECITALS WHEREAS, GRANVILLE AT BARSTOW, 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 87, inclusive, of the Final Map of Tract No. 6044 according to the map thereof recorded on MIC-rek 6 20_kT in Volume of Plats at Page(s) "1 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. 5597 for a 214-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. 6044, Phase 3 of Vesting Tentative Map No. 5597, 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. 6044 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. 4. If either party is required to commence any proceeding or legal action to enforce or Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Tract No. 6044 Page 4 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 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. 6044 Page 5 DATED: FfQ�U�2 Y 2f ZO�� CITY OF FRESNO, COVENANTOR a Municipal Corporation GRANVILLE AT BARSTOW, INC., Development & Resource Management A California Corporation Department JewZ r-Glwk, Director Jennifer K. Clark By. By. kr Director Darius Assemi, Senior Vice President Je fer K. Clark APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney By: Materman—Doidge r eputy City Attorney Date: I /V 9z (Attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CML CODE§ 1189 State of California County of Fresno On ti ZQ1q before me, Cristina G. Lopez, Notary Public , Date Here Insert Name and Title of the Officer personally appeared Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(g) whose name(4 is/at✓e subscribed to the within i strument and acknowledged to me that he/sl a/thby executed the same in his/tdrr/their authorized capacity(ieA, and that by CRISTINA G. LOPEZ his/44r/thdir signature(&) on the instrument the Commission #2004143 -+F Notary Public -California a person(g), or the entity upon behalf of which the Z �'` Fresno county A person(v) acted, executed the instrument. My Comm.Expires Feb 12,2017 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing .' paragraph is true and correct. l WITNESS myhand Jand official seal. Signature: Place Notary Seal Above Signature di Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Individual 00MUMN513 LIM ❑ IndividualWIFE,I iiiiiiiiiiiiiiiiigIlam ❑ Partner—❑Limited ❑General Tip o)thumb here ❑ Partner—❑Limited ❑General Top of thumb here ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: _ Signer Is Representing: Signer is Representing: . Y=rv'�%�-'l`.''.rV"�-•,CC'�'C+.<7'���%f9�'Cn'"t%G'�.+F3.�:+.$'C:G'G:SFn"f>.'4YC?'t'-�.S.t...F-'en�cs'-'•.:vi'.4'I`.`C^L%Sv'.�v'_ ''�iL'._.. � _ _ _ 0 2010 National Notary Association•NationalNotary 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 document CLERK'S CERTIFICATION State of California ) County of Fresno ) On February 2, 2015 before me, Todd Stermer, Assistant City Clerk, personally appeared, Jennifer K. 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 U:; '. Deputy pqd_ ��S 1M1 y" C�{rC7 OCS. SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on Fa1ov-y-ar�,j 4f" , 2o,4 , in the office of the Fresno County Recorder as Document No. 2014 - 0015248 of which the Deed of Trust in, by and between: Carahville --k F�,ayskov), Ivic., A CA CDvRor=kian as Trustor, Firs+- Ab2ry 'can 7 te- Cetn pa ytyf as Trustee, V S. aann -- A1afienal Assnc4g-L vn ; d 1bla doosLkj Cae;-faj a&cVat 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. 6044, Phase 3 of Vesting Tentative Map No. 5597. DATED: 12-, BENEFICIARY AlR 170y n. /;sro6A i10 yr '0/a/A evk,%,P�x,r y Name: V C' �r�f cAc=M Title: By: Name: _ Title: (Beneficiary to print/type Name, Title and attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Californian County of f'rj-`S?X C7 On _ uLVLL__njZDJ�f before me, lcbt"P blc_ Date Here Insert Narne and tle of the Officer personally appeared 1'M/"TSS _ C.i�a Q k,,&- Nametst or Signer(S) 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 CRlSTINA G.LOPEZ instrument the person(s), or the entity upon behalf of Commission # 20041which the erson s acted, executed the instrument. � Notary Public -Californini a � P ( ) x 'v� Fresno County My Comm.Expires Feb 12,2017 1 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. Place Notary Seal Above Signature� __-lr01 N9 Publlc OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:_ _ _ _ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General _ ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee Top of Ihumb here ❑Trustee "ihurmnb ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: _ ❑ Other: Signer Is Representing: Signer Is Representing ©2007 National Notary Association•9350 De Soto Ave,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Tall-Free 1-800-876-6827