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Home My WebLink AboutT-6217 - Agreement/Covenant - Acknowledging Right-to-Farm Law - 12/12/2018 1 - RECORDING REQUESTED BY -7 ,III��1a��■�r�l�'��I��j��,I�� ,llll AND WHEN RECORDED MAIL TO: 2018-0147826 FRESNO County Recorder City Clerk Paul Dictos, CPA City of Fresno Wednesday, Dec 12, 2018 08:00:00 AM 2600 Fresno Street Titles: i Fresno, CA 93721-3603 Pages: 7 Fees: 0.00 CA SB2 Fee: 0.00 Taxes: 0.00 Total: 10.00 CITY OF FRESNO NO FEE- Government Code 6103 CITY OF FRESNO Development& Resource Management Department O STATEMENT OF COVEN FECTING LAND DEVELOPMENT ACKN LE ING RIGHT-TO-FARM LAW FOR THE FIN F TRACT NO. 6217, PHASE 2 OF VESTI TATIVE MAP NO. 6056 O O O DOC#2018-0147826 Page 2 of 7 Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Tract No.6217 Page 2 RECITALS WHEREAS, WC ASHLAN HAYES, LLC, a California Limited bill ompany, hereinafter referred to as the "Covenantor," is the owner of that certai eal erty in the City of Fresno, County of Fresno, State of California, hereinafter refer o ubject Property"and more particularly described as: Lots 1 through 62, inclusive and Outlot A and B ap of Tract No. 6217 according to the map t o recorded on %h.2- 0IR , in Volume f ge(s) Fresno County Records; and WHEREAS, the Covenantor hereb warran at any and all parties having record title interest in the Subject Property which ma i n i have subordinated to this instrument and that all such instruments of Subordination,- are attached hereto and made a part of this instrument; and WHEREAS, the Covena r ed and the City'of Fresno has approved, Vesting Tentative Map No. 6056 for a - entional single family residential subdivision, hereinafter referred to as the "Tentati ap; d WHEREAS,the nan or has filed with the City of Fresno a Final Map of Tract No. 6217, hereinafter referre as ' inal Map," pursuant to said Tentative Map; and . WHER City of Fresno desires to obtain covenants from the Covenantor to insure that the Su is not developed, used,or maintained in such'a way as to adversely affect adjoinin OCOVENANTS, CONDITIONS, AND RESTRICTIONS or favorable action on, and approval of, the Covenantors application for approval of said Fi I Map, the Covenantor hereby covenants that the Subject Property shall be held, conveyed, Z DOC#2018-0147826 Page 3 of 7 Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Tract No.6217 Page 3 encumbered, used, occupied, developed, maintained, and improved subject to the following covenants, conditions, and restrictions, which are for the purpose of enhanci attractiveness, usefulness,value, and desirability of the Subject Property,the surroundin d the public at large and to minimize possible adverse effects on the public health, ce, d general welfare. Each of the covenants,conditions,and restrictions contained' is S ment will run with the Subject Property and shall be binding on each successive hero 'ect Property and his heirs, administrators, successors, and assigns. 1. Covenantor hereby acknowledges that the policy of Fresno County is to preserve, protect, and encourage development of ' I land and industries for the production of food and other agricultural produ an subject property is near agricultural districts which are located in the County of Fresno a a e residents of said property should be prepared to accept the inconveniences n I associated with normal farm activities. Consistent with this policy, California C' §3482.5 (right-to-farm law) provides that an agricultural pursuit, as defined, main d mmercial uses shall not be or become a nuisance due to a changed condition in a I uch agricultural pursuit has been in operation for three years. 2. The conditi o Statement are intended to benefit the public and public properties. Accordingly, CI f Fresno shall have the right to enforce this Statement by any legal or equitable m ai t the Covenantor and such person or persons in actual possession of Subject Prope irectly or who through any agent violate the terms hereof. All obligations of the Covenan this Statement shall inure solely to the benefit of the City of Fresno. There are no t ' eneficiaries of such obligations nor shall the right of the City of Fresno be transf rab in any manner to any person other than to a successor municipal corporation whose g hic undaries include the Subject Property. The foregoing conditions shall remain in full force and effect until such time as the of Fresno, pursuant to the district amendment procedure of the Fresno Municipal Code, finds 3 DOC#2018-0147826 Page 4 of 7 Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Tract No.6217 Page 4 the enforcement of such condition is no longer equitable. 4. If either party is required to commence any proceeding or legal a n to enforce or interpret any term or condition of this Statement of Covenant,the prevailin proceeding or action shall be entitled to recover from the other party its reasonable f and legal expenses. For the purposes of this Statement of Covenant, "attome s°a "legalexpenses" include, without limitation, paralegals' fees and expenses, aft m nsultants fees and expenses, expert witness fees and expenses, and all other nse curved by the prevailing party's attorneys in the course of the representation of theg party in anticipation of and/or ' during the course of litigation,whether or not otherwise r as"attomeys'fees°or as"costs" under California law, and the same may be ht rded in acxordance.with California procedure as pertaining to an award of con dual eys' fees. 5. The waiver by either party h he other of any provision of this Statement of Covenant shall not constitute a continui or a waiver of any subsequent breach of either the same or a different provision of thi to t of Covenant. No provisions of this Statement of Covenant may be waived unless i ( signed by all parties to this Covenant. Waiver of any one provision herein shall not be e m to be a waiver of any other provision herein. 6. The provisi of i Statement of Covenants shall be deemed independent and severable and the invali or ial invalidity or unenforceability of any one provision or portion thereof shall not a th lidity or enforceability of any one provisions hereof, Whenever the context of the S en Covenants so requires, in interpreting this Statement of Covenants,any gender incl e her genders, the singular includes the plural, and the plural includes the singular. y DOC#2018-0147826 Page 5 of 7 Statement of Covenants Affecting Land Development Acknowledging Right-to-Farm Law Tract No.6217 Page 5 DATED: /W VC MRe9 l S, Zd/g CITY OF FRESNO, COVENANTOR a Municipal Corporation WC ASHCAN HAVE , Development& Resource Management A California Limited a mpany Department Jennifer K. Clark, Director By: JPF C L AC Ii mia Li t Liability Company, Its Sol embe 1-7 By: By Jen er lark, Director eterson, sident and Treasurer APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney O err ti d Deputy City o Date: ` l (Attach Notary Acknowledgment) O DOC#2018-0147826 Page 6 of 7 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 Fresno ) On Or—Woo,v l , 2oj% before me, Joy Poeng, (insert n e and ' e of the officer) personally appeared Joshua Peterson who proved to me on the basis of satisfactory evidence to personW whose name( is/we subscribed to the within instrument and acknowledged to he/spb/tWey executed the same in his/h6r/ttibir authorized capacity(ipg), and that by hi / ignature(g) on the instrument the person(wl, or the entity upon behalf of which a ed, executed the instrument. I certify under PENALTY OF PERJURY u er the I of the State of California that the foregoing paragraph is true and correct. JOY POEM WITNESS my hand and official seal. NOTARY PUBLIC-cALIFOP"A COMMISSION#2216801 FIVsMO couNTY M'CWM•ER SOPM11W 23,2021 Signature (Seal) O O DOC#2018-0147826 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 ) O On November 15, 2018 before me, Cindv J. Bru City Clerk, personally appeared, Jennifer K. Clark Development and Resource Mana e Director of the City of Fresno , who proved to me on the basis of satisfactory eviden oT36the person(s) whose name(s) is/are subscribed to the within instrument and owle d to me that he/she/they executed the same in his/her/their authorized capaci n at by his/her/their signature(s) on the instrument the person(s), or the entity up eh of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJUR der the laws of the State of California that the foregoing paragraph is true and WITNESS my hand and offici YVONNE SPENCE, CMC City Clerk, City of Fresno G\iy 0 F FR�� By * o z n o o � rA �� O?,TSO OQY ,y O