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Home My WebLink AboutPM 1992-16 - Agreement/Covenant - 8/15/2006 (2) Q i O 9 3 2 3 RECORDED AT REQUEST OF J :P RIETURN TO. At—� _ MIN. PAST ' CITY OF FRESNO J. DCVFLOPA4Nf DEPAR"VENT JUL 2 3 i997 2600 Fremo Street .FRESNO CA 93721-3604 � CC t 'j FRESNO COUNTY, CALIFORNIA WILLIAM C. OPEENWOOD, County Recorder Donita Ghimenti FEE j ABO't E SMCE F()R RECORDER'S' P.W. File No. 5494-92-16 Development Department Parcel Map No. 92-16 City of Fresno STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT Buyer Notification of Noise Levels and Close Proximity to Fresno Yosemite International Airport (Formerly known as Fresno Air Terminal) RECITALS A. P & R PROPERTIES, a General Partnership, 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: The Northwest quarter of the Northwest quarter of the Southwest quarter of Section 28, Township 13 South, Range 21 East, Mount Diablo Base and Meridian, in the City of Fresno, County of Fresno, State of California, according to the Official Plat thereof. Excepting therefrom the North 30 feet and the West 60 feet thereof. Also excepting therefrom the East 128.00 feet of the West 360.00 feet of the South 70.00 feet thereof. B. 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. C. All such instruments of Subordination, if any, are attached hereto and made a part of this instrument. I Statement of Covenants Parcel Map No. 92-16 Page 2 D. The Covenantor has applied to the City of Fresno for a subdivision map which would subdivide the subject property into a 6-parcel light industrial project. E. 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 a Final Map of Tentative Parcel Map No. 92-16 for the Subject Property as referred to hereinabove, 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 as follows: a. To notify any buyer, by the use of real estate disclosure statements, of the proximity of the property to Fresno Yosemite International Airport (formerly known as Fresno Air Terminal) and that the operation of the airport may affect the habitability and quiet enjoyment of the property. b. To notify any buyer, by the use of real estate disclosure statements, that each lot will be exposed to airport noise which may exceed the City of Fresno, General Plan - Noise Element adopted policy of 60 dB CNEL for outdoor Statement of Covenants Parcel Map No. 92-16 Page 3 activity area and exceed the Fresno Yosemite International Airport and Environs Plan adopted police of new residential development within the adopted 65 dB CNEL contour. C. That it is understood by the owners and owner's successors in interest that the real property in question lies close to the Fresno Yosemite International Airport and that the operations of the airport and the landing and take-off of aircraft may generate high noise levels which will affect the habitability and quiet enjoyment of the property. d. That the owners covenant to accept and acknowledge the operation of the Fresno Yosemite International Airport. e. That the owners shall submit, prior to issuance of a building permit, an acoustical analysis, prepared by an acoustical engineer and completed in a manner consistent with Title 24 of the California Code of Regulations, which shall demonstrate that interior noise levels attributable to exterior sources will not exceed 45 dB CNEL in any habitable room. F. 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. G. The foregoing conditions shall remain in full force and effect until such time as the City of Fresno, pursuant to the district amendment procedure of the Fresno Municipal Code, finds the enforcement of such condition is no longer equitable. Statement of Covenants Parcel Map No. 92-16 Page 4 H. 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. DATED: 7l /0(-97 CITY OF FRESNO, COVENANTOR a Municipal Corporation P & R PROPERTIES, a General Partnership B P. Solis, Director B y Z Development Department Glenn Prickett, Partner APPRtDepuw FO toy By Chester L. Ra holtz, er By h Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County Of Fresno On May 9, 1997 before me, Loretta Cisneros, a Notary Public , DATE NAME,TITLE OF OFFICER-E.G.,-JANE DOE,NOTARY PUBLIC- personally appeared rhPRtPr T.- Ra);?hn1 t7. and G1 Pnn Pri rkett , NAME(S)OF SIGNER(S) 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 ac- knowledged 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. ro?" LOSETT,A C:Sti-ROS''`" WITNESS my hand and official seal. �^ rn ��; CCnA^7. x.011590 v� NOTARY FI)Hl!, - +!�;eeN+�� My Cw-' SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) )ss. COUNTY OF FRESNO ) On July 10 1997 before me, Elvia Sommerville personally appeared Alvin P. Solis, Development Director personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons(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(s) the person(s), or the entity upon behalf of the CITY OF FRESNO of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. REBECCA E. KLISCH CITY CLERK B y DEPUTY