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HomeMy WebLinkAboutT-6063 - Agreement/Covenant - 8/13/2015 WHEN RECORDED MAIL TO: 08/13/2015120150103122 City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 NO FEE-Government Code 6103 CITY OF FRESNO LLDevelopment & Resource Management Department z O L) iW Cn w Q STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT ACKNOWLEDGING RIGHT-TO-FARM LAW FOR THE FINAL MAP OF TRACT NO. 6063 Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Tract No. 6063 Page 2 RECITALS WHEREAS, COPPER PARK, LLC, A California Limited Liability Company, 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 10, inclusive, of the Final Map of Tract No. 6063 according to the map thereof recorded on AoC ,1F,. in Volume of Plats at Page(s) i �- � , 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. 6063 for a 10-lot single family planned unit development 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. 6063, 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. 6063 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. Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Tract No.6063 Page 5 DATED: } UGV I� _ 201-v-- CITY 0/-`JCITY OF FRESNO, COVENANTOR a Municipal Corporation COPPER PARK, LLC, Development & Resource Management A California Limited Liability Company Department Jennifer K. Clark, Director - h By: B y Jen f Clark, Director Farid Assemi, Manager APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney By: M Raterman-Doidge ,.,Deputy City Attorney Date: (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_P�_aT(Ip ) On M.OW I before me,N I ►" 'Po WI, , Date �Here Insert Name and Titleo(th Officer personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person( whose name(e} is/apd subscribed to the within instrument and acknowledged to me that he/she/t y executed the same in hislh�/thy r authorized capacity(j*61and thatb hisft(er/Weir signature(vfon the instrument the person}, or the entity upon behalf of which the personA 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. NICOLE SHAW Commission# 1973611 z WITNESS my hand and official seal. Notary Public-Calffornia i Fresno County AI Comm.Ex ares UT 28,20" Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Deebiment Date: Number of Pages: Signer(s) Other Than Na Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: I Corporate Officer — Title(s): Corporate Officer — Title(s): 1 Partner — ❑ Limited ❑ Gerf6ial -i Partner — ❑ Limited 1 General 1 Individual G'Attt Key in Fact Individual ❑Attorney in Fact El Trustee �uardian or Conservator ❑Trustee El Guardian or Conservator ❑ Other: Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association - www.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 CLERK'S CERTIFICATION State of California ) County of Fresno } On July 17, 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 y 0FF,? By 0,L 1 L el i 1 ? {1 Deputy o- D Ai'Ec OCT tiy. SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on May 8, 2015 , in the office of the Fresno County Recorder as Document No. 2015-0056847 of which the Deed of Trust in, by and between: Copper Park, LLC., a California limited 1 iahi 1 i t= r-rrrt=,nIr , as Trustor, Old Re ublic Title Camanv as Trustee, -Earid AssEwj _ an jadj ld-al 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. 6063. DATED: BENEFICIARY By: Arid AssEA Name: Pa-rid Assemi Title: an inrli3rar3ua] 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 IFLE5 , } ' t On E� d I j ��T�{~� before me, �1� 1 V LL) 1 C� Data �1 Here Inse Name and Title of t e Officer _ personally appeared �� A f'I ) A ss-t m( _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persono whose name(, is/are subscribed to the within instrument and acknowledged to me that he/sheAkey executed the same in his/her/their authorized capacity(ps};and that b his/her,/44eir signature,(s)bn 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. LIANA LEYVA WITNESS m hand and official seal. Commission #2078341 a =„ Notary Public-California x ? Fresno County ' I M Comm.Expires Au 17,2018 Signature Signature of Ndaj Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this inforf tion can deter alteration of the document or fraudulent reattachment of this for i to an unintended document. Description of Attached Document Title or Type of Document: _ _ _ Document Date: Number of Pages: Signers) Ott1 Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: I 1 Corporate Officer — Title(s): 1 Corporate Officer — Title(s): l Partner — ❑ Limited ❑ GO ral i Partner — [-J Limited 1 General -1 Individual Attorne In Fact J Individual Attorney in Fact Trustee =I Guar an or Conservator El Trustee - Guardian or Conservator ] Other: 1 Other: Signer Is Representi Signer Is Representing: @]2014 Nation Notary Association - www.National Notary.org - 1-800-US NOTARY(1-800-876-6827) Item #5907