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Home My WebLink AboutPM 2004-24 - Agreement/Covenant - 11/1/2007 WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 09/25/2007120070178484 NO FEE - Government Code 6103 CITY OF FRESNO Planning and Development Department cc U- P.W. File No. 5494-2004-24 Z O U W U) a LU J IL STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT ACKNOWLEDGING FRESNO - YOSEMITE INTERNATIONAL AIRPORT OPERATIONS FOR PARCEL MAP NO. 2004-24 • STATEMENT OF COVENANTS Acknowledging Airport Operations Parcel Map No. 2004-24 Page 2 RECITALS WHEREAS, DON PICKETT & ASSOCIATES INC., a California Corporation, DONALD V. PICKETT AND LINDA M. PICKETT, TRUSTEES OF THE PICKETT FAMILY REVOCABLE TRUST DATED OCTOBER 26, 1998 and PICKETTS' PONDEROSA CONSTRUCTION, L.P., a California Limited Partnership, hereinafter referred to as the "Covenantor," is the owner of the 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: Parcels A through NN, inclusive, Parcel Map No. 2004-24 according to the map thereof recorded on 5zaiember 15- , 200in Books &V of Pages(s) 1G> , 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 applied to the City of Fresno for a Parcel Map No. 2004-24 which would subdivide the Subject Property into a 40-Parcel light Industrial project; 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 Acknowledging Airport Operations Parcel Map No. 2004-24 Page 3 covenants, conditions, and restrictions, which are for the purpose of enhancing attractiveness, usefulness,value, and desirability of the Subject Properly,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 covenants as follows: a. To notify any buyer, by the use of real estate disclosure statements, of the proximity of the Subject Property to the Fresno - Yosemite International Airport and that the operation of the airport may affect the habitability and quiet enjoyment of the Subject Property. b. To notify any buyer, by the use of real estate disclosure statements, that the Subject Property will be exposed to airport noise which may exceed the City of Fresno, General Plan - Noise Element adopted policy of 60 dBA CNEL for outdoor activity areas. C. To indemnify, hold harmless, and defend the City and each of its officers, agents, and employees from any and all loss, liability, costs, and damages, and from any and all claims,demands and actions in law or equity(including attorney's fees and legal expenses),arising or alleged to have arisen directly or indirectly out of or in any way connected with the approval of this residential project adjacent to the Fresno-Yosemite International Airportand within the 60 dBA CNEL or higher noise contour. 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 and obligations shall remain in full force and effect until such time as the Planning and Development Director issues a written release of such conditions and obligations and records such release with the Fresno County Recorder. STATEMENT OF COVENANTS Acknowledging Airport Operations Parcel Map No. 2004-24 Page 4 4. The provisions of this Statement 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 other provision hereof. Whenever the context so requires, any gender includes the other genders, the singular includes the plural, and the plural includes the singular. STATEMENT OF COVENANTS Acknowledging Airport Operations Parcel Map No. 2004-24 Page 5 DATED: CITY OF FRESNO, COVENANTOR a Municipal Corporation Don Pickett & Associates Inc., a Californi rporation By: By: Keith Bergthold, Assistant D rector Donald V. Pickett, President Planning and Development Department Donald V. Pickett and Linda M. Pickett, Trustees of the Pickett Family Revocable Trust Dated October 26, 1998 APPROVED AS TO FORM: By: JAMES C. SANCHEZ Donald V. Pickett, Trustee City Attorney Linda M. Pickett, Trustee B John W. Fox Picketts' Ponderosa Construction, L.P., Deputy City Attorney a California Limited Partnership Date: &O/O— By. Donald V. Pickett, General Partner Linda M. Pickett, General Partner (Attach Notary Acknowledgment) State of California } }ss. County of Fresno } On July 31, 2007 before me, Lauren Michele Aguilar, Notary Public, personally appeared Donald V. Pickett, President of Don Pickett & Associates, Inc. personally known to me to be the person( whose name(-&) is/afe subscribed to the within instrument and acknowledged to me that he/6he/t#ey executed the same in his/#ef/t#eif authorized capacity(ieo, and that by his/#e theif signature(&) on the instrument the persons} or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. t LAUREN MICHELE AN" COMM.#1486169 Signatur I) MOTAWPUNK— MJMW o MADERA COUK" Mfr Gomm.Fid.he.26.200E Notary N e: Lauren Michele Aquilar Notary Phone: (559)431-3535 Commission#: 1465159 Madera County My Commission Expires: January 26, 2008 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:Statement of Covenants Affecting Land Development Acknowledging Fresno-Yosemite International Airport Operations For PM 2004-24 Pages: 8 pages including this page State of California } }ss. County of Fresno } On July 31, 2007 before me, Lauren Michele Aquilar, Notary Public, personally appeared Donald V. Pickett. Trustee of The Pickett Familv Revocable Trust Dated October 26, 1998, and Linda M. Pickett, Trustee of the Pickett Family Revocable Trust Dated October 26, 1998. personally known to me 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/heF/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. WITNESS my hand and official seal. LAUREN MICHELE AG"COMM.#1465159 M07AM CPOMM OUIM Nay COMM.EV.,Ln.26,Zon Signatur eal) Notary Name: Lauren Michele Aguilar Notary Phone: (559)431-3535 Commission#: 1465159 Madera County My Commission Expires: January 26, 2008 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: Statement of Covenanats Affectinq Land Development Acknowledging Fresno-Yosemite International Airport Operations For PM 2004-24 Pages: 8 including this page State of California } )ss. County of Fresno } On July 31, 2007 before me, Lauren Michele Aguilar, Notary Public, personally appeared Donald V. Pickett, General Partner of Picketts' Ponderosa Construction, L.P., and Linda M. Pickett, General Partner of Picketts' Ponderosa Construction, L.P. personally known to me to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that 4elshe/they executed the same in hisiheltheir authorized capacity(ies), and that by #islherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 1WWAWAUREN MICHELE A6ilw COMM.#1465159 u UKff91MY VOTARY ow n.E0.is.a 2M Signatu ) Notary Name: Lauren Michele Aguilar Notary Phone: (559)431-3535 Commission#: 1465159 Madera County My Commission Expires: January 26,2008 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: Statement of Covenanats Affecting Land Development Acknowledging Fresno-Yosemite International Airport Operations For PM 2004-24 Pages: 8 including this page CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO) On August 30, 2007, before me, Elvia Sommerville, Deputy City Clerk, City of Fresno, personally appeared, Keith Berqthold, Assistant Planning and Development Director, personally known to me (or 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. WITNESS my hand and official seal. REBECCA E. KLISCH CITY CLERK, CMC 13 a By Deputy