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Home My WebLink AboutPM 2005-29 - Agreement/Covenant - 8/14/2007 WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street cc Fresno, CA 93721-3603 0710912007,20070131046 O U- Z O U � 4 NO FEE - Government Code 6103 W ry CITY OF FRESNO Planning and Development Department P.W. File No. 5494-2005-29 STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR THE RESTRICTION OF SINGLE STORY HOMES FOR CERTAIN LOTS WITHIN PARCEL MAP NO. 2005-29 STATEMENT OF COVENANTS Restriction of Single Story Homes Parcel No. 2005-29 Page 2 RECITALS WHEREAS,GARY L. CHRISTY SEPARATE PROPERTY TRUST DATED JULY 31,2001, 715 West Swift Avenue, Fresno, California 93705, 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: Parcels A and B, inclusive, of Parcel Map No. 2005-29 according to the map thereof recorded on ju I 20th(- in Book _1,,,7 of Parcel Map at Pages .-5'r7 , 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 Planning Development Director on April 24,2006 conditionally approved Vesting Tentative Parcel Map No. 2005-29, hereinafter referred to as the "Tentative Map;" and WHEREAS,The Burlington Northern Rail Road and North Santa Fe Rail Road, hereinafter referred to as "Santa Fe," abuts the south east boundary of the Subject Property and has been determined to be a significant source of noise which can disrupt the habitability of a residential area; and WHEREAS, a condition of approval of the Tentative Map requires the Covenantor to achieve compliance with the 45 dB DNL interior noise level requirement of the City of Fresno for all lots of the Tentative Map adjacent to Santa Fe; and WHEREAS, the Covenantor has filed with the City of Fresno, Parcel Map No. 2005-29, pursuant to the Tentative Map, to establish a 3-parcel single-family residential subdivision; and WHEREAS, to achieve compliance with said the 45 dB DNL interior noise level STATEMENT OF COVENANTS Restriction of Single Story Homes Parcel No. 2005-29 Page 3 requirement of the City of Fresno, requires the restriction of the dwellings on the Subject Property to be constructed to one-story in height, and WHEREAS, the City of Fresno desires to obtain covenants from the Covenantor to insure that the Subject Property is developed in conformance with the provisions of the Tentative Map and to mitigate noise levels to meet State and local standards. COVENANTS, CONDITIONS, AND RESTRICTIONS For favorable action on and approval of the Covenantor's application for approval of said Parcel Map, the Covenantor hereby covenants that the Subject Property shall be held, conveyed, 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 covenants to only construct single-story dwellings on the Subject Property. 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 STATEMENT OF COVENANTS Restriction of Single Story Homes Parcel No. 2005-29 Page 4 transferable in any manner to any person other than to a successor municipal corporation whose geographic boundaries include the Subject Property. 3. The conditions and obligations of this covenant shall remain in full force and effect until such time as the City of Fresno, Planning and development Director issues a written release of such conditions and obligations and records such release in writing with the Fresno County Recorder. 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 Restriction of Single Story Homes Parcel No. 2005-29 Page 5 ) DATED: �( I CITY OF FRESNO, COVENANTOR a Municipal Corporation GARY L. CHRISTY, Trustee of the Gary L. Christy Separate Property Trust Dated July 31, 2001 By: By: — Keith Bergthold, A 4XFeetor Gary L. dhristy Planning & Development Department At hh i hTAc k T IDI GTd r� APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney By: John W. Fox Deputy City Attorney Date: �/� / / .20 o:7 (Attach Notary Acknowledgments) CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT File No: () STATE OF California )SS APN No: COUNTY OF FRESNO ) On 4/2/07 before me, LYNETTE E.VAN VRANKEN , Notary Public, personally appeared GARY L. CHRISTY 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. IYWM F_VAX WOW COMM.#118 Signature NOTARY PUBUC•CAUFOWAA�. oomFR SNO caA� MW I hIs area for o Ictal nc aria) seal. OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the documents. 0 INDIVIDUAL ❑ CORPORATE OFFICERS) TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: Name of Person or Entity Name of Person or Entity OPTIONAL SECTION Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE Reproduced by First American Title Insurance 1/2001 CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On May 31, 2007,before me, Elvia Sommerville, Deputy City Clerk, personally appeared, Keith Bergthold, Assistant Planning and Development Director , known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) 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(s) the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official City Seal. REBECCA E. KL/SCH City Clerk a a By .ee� Deputy