HomeMy WebLinkAboutT-5464 - Agreement/Covenant - Acknowledging Right-to-Farm Law - 12/5/2018 RECORDING REQUESTED BY -
AND WHEN RECORDED MAIL TO: ,III '� ��i� '� VAMIAIlk 11111
2018-0145158
City Clerk FRESNO County Recorder
City of Fresno Paul Dictos, CPA
2600 Fresno Street Wednesday, Dec 05, 2018 08:00:00 AN
Fresno, CA 93721-3603
Titles: 1 Pages: 7
Fees: e•as
CA SB2 Fee: o.0e
Taxes: 00
Total: 0.00
CITY OF FRESNO
NO FEE-Government Code 6103
CITY OF FRESNO
Development& Resource Management Department
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STATEMENT OF COVEN S ECTING LAND
DEVELOPMENT ACKN LED ING RIGHT-TO-FARM
LAW FOR THE FINAL MAP CT NO. 5464, PHASE
1 OF VESTING IVE MAP NO. 5464
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DOC#2018-0145158 Page 2 of 7
Statement of Covenants Affecting Land Development
Acknowledging Right-to-Farm Law
Tract No.5464
Page 2
RECITALS
WHEREAS, KB HOME SACRAMENTO, INC., a Callfomlia o hereinafter
referred to as the "Covenantor," is the owner of that certain mal prop of Fresno,
County of Fresno, State of California, hereinafter referred to as t perty" and more
particularly described as:
Lots 1 through 34, inclusive and Outlot A of the Fina ct No. 5464
according to the map thereof recorded on e W/ ,
in Volume?Jof Plats at Page(s) 3? d o County Records;
and
WHEREAS, the Covenantor hereby wa th y and all parties having record title
interest in the Subject Property which may ri 'nto a f have subordinated to this instrument and
that all such instruments of Subordinabo i an a attached hereto and made a part of this
instrument; and
WHEREAS, the Covenanto led and the City of Fresno has approved, Vesting
Tentative Map No. 5464 for a 17 1 i le family residential planned development subdivision,
hereinafter referred to as the Map;"and
WHEREAS,the C e or has filed with the City of Fresno a Final Map of Tract No. 5464,
hereinafter referred t h 'nal Map," pursuant to said Tentative Map; and
WHEREA e C of Fresno desires to obtain covenants from the Covenantorto insure
that the Subject rtyI not developed, used,or maintained in such away as to adversely affect
adjoining p e
COVENANTS, CONDITIONS, AND RESTRICTIONS
favorable action on, and approval of, the Covenantor's application for approval of said
ap, the Covenantor hereby covenants that the Subject Property shall be held, conveyed,
en mbered, used, occupied, developed, maintained, and improved subject to the following
DOC#2018-0145158 Page 3 of 7
Statement of Covenants Affecting Land Development
Acknowledging Right-to-Farm Law
Tract No. 5464
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, pe , and general
welfare. Each of the covenants,conditions,and restrictions contained in thi to will run with
the Subject Property and shall be binding on each successive owner of t ro rty and his
heirs, administrators, successors, and assigns.
1. Covenantor hereby acknowledges that the dec ared poli of Fresno County is to
preserve, protect, and encourage development of its agricu d and industries for the
production of food and other agricultural products and that tlm� 1 ct property is near agricultura I
districts which are located in the County of Fresno and idents of said property should be
prepared to accept the inconveniences and di a ciated with normal farm activities.
Consistent with this policy, California Civ' ode § 2.5 (right-to-farm law) provides that an
agricultural pursuit, as defined, maintain ce ial uses shall not be or become a nuisance
due to a changed condition in a locality uc ricultural pursuit has been in operation for three
years.
2. The conditions of i tement are intended to benefit the public and public
properties. Accordingly, the o shall have the right to enforce this Statement by any
legal or equitable means a the ovenantor and such person or persons in actual possession
of Subject Property who di orwho through any agent violate the terms hereof. All obligations of
the Covenantor un this tement shall inure solely to the benefit of the City of Fresno. There
are no third pa en 'aries of such obligations nor shall the right of the City of Fresno be
transferable ' ner to any person other than to a successor municipal corporation whose
geograph' es include the Subject Property.
The foregoing conditions shall remain in full force and effect until such time as the
Ci o no, pursuant to the district amendment procedure of the Fresno Municipal Code,finds
ment of such condition is no longer equitable.
4. If either party is required to commence any proceeding or legal action to enforce or
DOC#2018-0145158 Page 4 of 7
Statement of Covenants Affecting Land Development
Acknowledging Right-to-Farm Law
Tract No.5464
Page 4
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 attomey's fees and legal
expenses. For the purposes of this Statement of Covenant, "attomeys'fees°and alexpenses"
include, without limitation, paralegals' fees and expenses, attorneys, su fees and
expenses, expert witness fees and expenses, and all other expenses ' th prevailing
party's attorneys in the course of the representation of the prev .. . anticipation of and/or
during the course of litigation,whether or not othervAse recove leas" meys'fees°or as"costs"
under California law, and the same may be sought and awar rdance with California
procedure as pertaining to an award of contractual attom '
5. The waiver by either party of a breach b f any provision of this Statement
of Covenant shall not constitute a continuing wai r r of any subsequent breach of either
the same or a different provision of this Stat nt of enant. No provisions of this Statement of
Covenant may be waived unless in writing si all parties to this Covenant. Waiver of any
one provision herein shall not be deem Iver of any other provision herein.
6. The provisions of this men of Covenants shall be deemed independent and
severable and the invalidity or pa a i idity or unenforceability of any one provision or portion
thereof shall not affect the v r forceability of any one provisions hereof. Whenever the
context of the Statement nts so requires, in interpreting this Statement of Covenants,any
gender includes the a ers, the singular includes the plural, and the plural includes the
singular.
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DOC#2018-0145158 Page 5 of 7
Statement of Covenants Affecting Land Development
Acknowledging Right-to-Farm Law
Tract No.5464
Page 5
DATED: S;EMOR
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
KB HOME SACRAME ,
Development& Resource Management A California Corporate
Department
Jennifer K. Clark, Director
By: By:
Jter U. Clark, Director Le o
onward Planning
n n elopment
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
By:
Raterman-
eputy City Aft ey
Date: ` (Attach Notary Acknowledgment)
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DOC#2018-0145158 Page 6 of 7
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 1
County of Placer J}
On 8/13/2018 before me, Samantha See-ine La ub is
Date Here Insert Name itle o the Officer
personally appeared Leo Pantoja
Name(s)of Slgn� ))
s)
who proved to me on the basis of satisfactory evidence to be the n ose name(s) Is/are subscribed
to the within Instrument and acknowledged to me that he/she/th a ed the same In his/her/their
authorized capacity(ies), and that by his/her/thelr signature(s)on s ment the person(s), or the entity
upon behalf of which the person(s) acted,executed the Iristrympri
"•. I c er PENALTY OF PERJURY under the
laws f the State of California that the foregoing
SAMANTHASEE4NE LAW ara r ph is true and correct.
Notary Public-California
Placer County IT
Commission#2246971 NESS my hand and official seal.
ieMy Comm.Expires Jun 21,2022
2 k7
Signature
Place Notary Sea!and/or Stom4ve Signature No ry bll
OPTIONAL
Completln is otlon can deter olte on the document or
fraudul ac meet of this form to an un ntended document
Description of Attache gnt of Covenants Affecting Land Acknowledging Right-To-Farm Lay For The
1.
Title or Type of D na ap of Tract No. 5464, Phase 1 of Vesting Tentative Map No. 5464
Document Date: 201 Number of Pages: 7
Signers) Othe an ed Above: Jennifer K. Clark, Mary Raterman- Doidge
Capacity( i by Signer(s)
Signer's Signer's Name:
❑Co a r—Titie(s): ElCorporate Officer—Title(s):
❑ Partn — ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General
❑ ❑ Attorney In Fact ❑ Individual ❑ Attorney In Fact
ee ❑ Guardian of Conservator ❑ Trustee ❑ Guardian of Conservator
❑ Other:
n Representing: Signer Is Representing:
17 National Notary Association
DOC#2018-0145158 Page 7 of 7
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 21, 2018 before me, Cherisea Barnes, D Clerk, personally appeared,
Jennifer K. Clark Director Development and Resource ent Department(DARM) of the
City of Fresno, who proved to me on the basis of sat idence, to be the person(s)
whose name(s) is/are subscribed to the within i tru acknowledged to me that
he/she/they executed the same in his/her/their a z pacity(ies), and that by his/her/their
signature(s)on the instrument the person(s or the 'ty upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY un aws of the State of California that the
foregoing paragraph is true and co►rect
WITNESS my hand and official s
YVONNE SPENCE, CMC
City Clerk, City of Fresno u` F PPRP
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'T 11
ED OCT.
By
D ty
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