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HomeMy WebLinkAboutPM 2006-16 - Agreement/Covenant - 7/9/2008 WHEN RECORDED MAIL TO: O LL City Clerk City of Fresno g 2600 Fresno Street Q Fresno, CA 93721-3603 a NO FEE - Government Code 6103 CITY OF FRESNO Planning and Development Department P.W. File No. 5494-2006-16 STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT ACKNOWLEDGING FRESNO-CHANDLER EXECUTIVE AIRPORT OPERATIONS FOR PARCEL MAP NO. 2006-16 STATEMENT OF COVENANTS Acknowledging Airport Operations Parcel Map No.2006-16 Page 2 RECITALS WHEREAS, DARRYL FREEDMAN and GRETCHEN FREEDMAN, Husband and Wife as Tenants in Common, 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: Lots A through D, inclusive, Parcel Map No. 2006-16 according to the map thereof recorded on JU 9 , 2009 in Books (o-S of Pages(s) -7T7 d- -2'$ , 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. 2006-16 which would subdivide the Subject Property into a 4-Parcel single-family residential 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 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. STATEMENT OF COVENANTS Acknowledging Airport Operations Parcel Map No. 2006-16 Page 3 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-Chandler Executive 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-Chandler Executive Airport and 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. 4. In the event that litigation is instituted to enforce or interpret any provision of this Statement, the parties agree that the prevailing party shall be paid reasonable attorney's fees, costs and litigation expenses. 5. 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 STATEMENT OF COVENANTS Acknowledging Airport Operations Parcel Map No. 2006-16 Page 4 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. 2006-16 Page 5 DATED: 0GS�S� CITY OF FRESNO, COVENANTOR a Municipal Corporation DARRYLF EDMA AND GRETCHE FREE MA , Husband and Wife as Tenant ' Com o By: By: Keith Bergthold, Ass Stant Director Dar eedm n Planning and Development Department B lGretn Freedman APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney By:Q/�' /'1,/� -'&- John W. Fox, Deputy City Attorney Date: a; (Attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On ll �e D before me, 1 t Date He{(rreeInsert Name and Title of the icer personally appeared Qal(LC dtVtrkn and ?me(s)omkV\e_vi �drnar 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 MANY WX-10 capacity(ies), and that by his/her/their signature(s) on the a Conwnimoon # IIsm i instrument the person(s), or the entity upon behalf of Notary row-CditnVa which the person(s) acted, executed the instrument. Fmsno County n I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Place Notary Seal Above ig ature of Notary u tic 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: (r �Cw d R � U66C V_A Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) l _`" Signer's Name: Oarcv( Gre0r_lurtat� Signer's Name: �(e T[_+i1Q 4'1 ��9 CKVyy', El Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General _ _ ❑ Partner—❑ Limited ❑ General ;Topof ❑ Attorney in Fact LlAttorney in Fact❑ Trustee Top of thumb here ❑Trustee mb here ❑ Guardian or Conservator ❑Guardian or Conservator Other: El Signer Is Representing: Signer Is Representing: 0 2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on dctobe{ 12 , ZDO-7 , in the office of the Fresno County Recorder as Document No. of which the Deed of Trust in by and between: F �eQjv-iof)' f- U_Sbc_rl a,.'j as Trustor, F,tet AmQ-,z�,co_,, T-Ue_ ZnSu{ance_ +`'v• as Trustee, ander cuc _&4 , F�JR, A 1-ede-al ly Chat4ead _ cafi js as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants for Acknowledging Fresno-chandler Executive Airport Operations for Parcel Map No. 2006-16. DATED: c�t�ua.ry , 20 0 BENEFICIARY By: perry t K it) am.s BY: V1 a,rerg �ornQtar� 4SS1S+ani VI G e (c-S1 aen-f (Beneficiary to print/type document information, Name, Title and attach Notary Acknowledgment) INDIVIDUAL ACKNOWLEDGMENT State/Commonwealth of Michigan ss. County of Kalamazoo On this the 25th day of January 2008 , before Day Month Year me, Shana L McCluskey , the undersigned Notary Name of Notary Public Public, personally appeared Darryl K Williams and Karen Compton Name(s)of Signer(s) ® personally known to me—OR— ❑ proved to me on the basis of satisfactory SHANAL.MCCLUSKEY, NOWY Pabk evidence State of Michigan,County of K.SWU Oc My Commission Expires Aug.25,2012 to be the person(s) whose name(s) is/are Acting in the County of Kalamazoo subscribed to the within instrument, and acknowledged to me that he/she/they executed the same for the purposes therein stated. WITNESS my hand and official seal. rgnature ofotaryublic Shana L McCluskey Olher Required Information(Printed Name of Notary,Residence,etc.) Place Notary Seal and/or Any Stamp Above OPTIONAL Although the information in this section 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. Top of thumb here Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: ©2002 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNo.tary.org Item No.5936 Reorder:Call Toll-Free 1-800 US NOTARY(1-800-876-6827) CLERK'S CERTIFICATION State of California ) County of Fresno ) On June 5, 2008, before me, Elvia Sommerville, Deputy City Clerk, City of Fresno, personally appeared, Keith Bergthold, Assistant Planning and Development Director, 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) 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 hand and official seal. REBECCA E. KLISCH, CMC City Clerk, City of Fresno n a By Deputy