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Home My WebLink AboutT-6108 - Agreement/Covenant - 10/12/2016 (5) RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: i J IIII III I IIII II II II IIII III II I II VIII I IIII I III III�� City Clerk FRESNO County Recorder City of Fresno Paul Dictos, C,P,A, 2600 Fresno Street . DOC— 2015-0134854 Fresno, CA 93721-3603 Acct 70-Old Republic Title CONCORD Tuesday, OCT 04, 2016 08:00:00 Tt l Pd $109.00 Rcpt # 0004628082 RGR/R4/4-12 NO FEE-Government Code 6103 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. 6108 Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Tract No. 6108 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 55, inclusive and Outlot A of the Final Map of Tract No. 6108 according to the map thereof recorded on bC.4nbe-r- 4, bbl(o , in VolumeQ of Plats at Page(s) 45 +q1 , 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. 6108 rvr a 55-lot single family residential subdivision and =i outiot, hereinafter referred to as the "Tentative Map;" and WHEREAS, the Covenantor has filed with the City of Fresno a Final Map of Tract No. 6108, 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. 6108 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.6108 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 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, 11attorneys'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 nnn nrnaicinn hcrnin chnll nnf Kn rlccmnrl fn he uinivnr of nnv of nnr nrnvicinn hnrnin VIIG 1.JIVY1V1V11 11V1 V111 V11-1 11— VV VVG111GV — — 4 V-1YG1 VI G11r Vl11Vl FolwV1V1wil IIGI 6111. 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.6108 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: n f K. Clark, Director Danus Assemi, Senior Vice President APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney =v By: M aterman-Doidge eputy 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 �� S✓�O ) On before me, 1�1�C., Date Here Insert Name and Title of the Officer personally appeared �',r►�S �Se�,i Name%of Signer; who proved to me on the basis of satisfactory evidence to be the person' whose named is/20- subscribed to the within instrument and acknowledged to me that he/ / executed the same in his/l @ tbaifauthorized capacity),and that by hisl'bd/t*@:IF signatureW on the instrument the person*, 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. WITNESS:my ha and official seal. STACI►--ANN TERRY-ANN 9ENTON �. Commission#2100924 Nagy Public•Californis Signature Fresno County Signature of Notary Public My Comm.E ares Feb 21,2018 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: LL Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): [_1 Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑General ❑ Individual Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02014 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 document CLERK'S CERTIFICATION State of California ) County of Fresno ) On September 15, 2016 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 orthe State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal YVONNE SPENCE, CMC °F Fq rO City Clerk, City of Fresno a wa By Deputy SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on May 13, 2014 , in the office of the Fresno County Recorder as Document No. 2014-0053361 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. 6108. DATED: Oe /2Z /wit, BENEFICIARY - A «��6Z/►N� rY C�Jh�. By. Name: Title: CEO By: Name: Title: (Beneficiary to print/type Name, Title and attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 �'r-�C,�:Y`�'i�rao'�,nan. n��n��.r��r_,.,c�.o,�.C�vr�r-,c•O,S�`.•—. - _ .— --.-.'-.-. - .— - - -. .,i=3..c:c`..c-�.Cc^-[?:c 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 �y,LJ" ) // OnV Xl(-Obefore me, Date Here Insert Name and Title Qfthe Officer personally appeared w!L/ ameo of Signer who proved to me on the basis of satisfactory evidence to be the persono whose namrrea &a bscribed to the within instrument and acknowledged to me that/sexecuted the same in t tir authorized capacityWs), and that by is fe♦r signature on the instrument the person'J, 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. N*ATAUE MRRES cowdulm*2100957 WITNESS my hand and official seal. Nofasq Pubs-CallfwWa R=80 COWRY Z 11 LCow.E *res Feb 22.2019 Signature ignatu a of ry 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: Docume e: Number of Pages: Signer(s) Other Than Named Ab Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ::1 Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): J Partner — ❑ Limited LL Gene ❑ Partner — ❑ Limited ❑General -i Individual ❑Attorn ' Fact 1-1 Individual ❑Attorney in Fact Trustee ❑ an or Conservator L,Trustee Ll Guardian or Conservator C. Other: C Other: Signer Is resenting: Signer Is Representing: ©2014 National Notary Association - www.NationaiNotary.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 August 6, 2014 , in the office of the Fresno County Recorder as Document No. 2014-0086568 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, U.S. Bank National Association, d/b/a 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. 6108. DATED: O$/22 20�fo BENEFICIARY �/�S /� �fC�ilf//�G �/T,/JZ Cd/�l�f�J✓Y By: Name: bu 1�Z1/1 Title: V By: Cap Name: Title: (Beneficiary to print/type Name, Title and attach Notary Acknowledgment) 1d SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on May 27, 2016 , in the office of the Fresno County Recorder as Document No. 2016-0067751 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, U.S. Bank National Association, d/b/a 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. 6108. DATED: 6 BENEFICIARY civ& GYP171 By: "0 Wt&Yk—.) -Dura 'e l.._ n Name: � f''ilrl ' Title: V � By: Name: Title: (Beneficiary to print/type Name, Title and attach Notary Acknowledgment) l' . 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 �Y��Y"1 C) ) On 71 )�U5t 22, ?lel LP before me, Date Here Insert Name and Title of the Officer personally appeared ��' l" u-ya'n Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(a) whose name(s) is/afe- subscribed to the within instrument and acknowledged to me that tre/she/they executed the same in Isis/her/their authorized capacity(i®s), and that by#pis/her/t4eir signature(s)on the instrument the person(, or the entity upon behalf of which the person(p) 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 Signature r My Comm.Expires Mar 13,2019 Sign ire 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: C Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): C, Partner — L7 Limited General ❑ Partner — L1 Limited L General ❑ Individual 0 Attorney in Fact 11 Individual ❑Attorney in Fact C�Trustee L Guardian or Conservator 11 Trustee L1 Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association -www.NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907