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Home My WebLink AboutPM 1995-19 - Agreement/Covenant - 8/15/2006 (2) RECORDED AT REQUEST OF =' ? O O + C CE.NT:,.� T'T� GOMPANI Amu aBTUR!"TO: MWT T MRN. PAST M MY OF FRESNO DEV%WPNWfr DEPAAThUNT 200 Fnwu Stred JUL 0 3 1997 ."RMO CA 93721-3604 RLQ �SJ� CCIv; ,,-C ,1 ,�` FRESNO COUNTY, CALIFORNIA WILLIAM C. GREENWOOD, County Recorder Donita Ghimenti FEE 11;4 osru I=11QQR9U, FS AE* SPACE R RECORDER'S P.W. File No. 5494-95-19 Development Department Parcel Map No. 95-19 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. NANTUCKET PROPERTIES, INC., a Nevada Corporation, 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: Parcel "A" of Parcel Map No. 77-39, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Book 26, Page 53, of Parcel Maps, Fresno County Records. 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. D. The Covenantor has applied to the City of Fresno for a subdivision map which would subdivide the subject property into a 18-parcel Commercial and Industrial Planned Development subdivision with a private street. Statement of Covenants Parcel Map No. 95-19 Page 2 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. CONDMONS. AND RESTRICTIONS For favorable action on, and approval of, the Covenantor's application for approval of a Final Map of Tentative Parcel Map No. 95-19 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 activity areas and exceed the Fresno Yosemite International Airport and Environs Plan adopted police of new residential development within the adopted 65 dB CNEL contour. Statement of Covenants Parcel Map No. 95-19 Page 3 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. A. 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 Statement of Covenants Parcel Map No. 95-19 Page 4 requires, -any gender includes the other genders, the singular includes the plural, and the plural includes the singular. DATED: Sun r CITY OF FRESNO, COVENANTOR a Municipal Corporation NANTUCKET PROPERTIES, INC., a Nevada ro i Corporation By Alvin P. Solis, irector � 4 Development Department By APPROVED AS TO FORM: Dave Shepard, Vice- 'dent Hilda Cantd onto City Attorn y '1 By (Attach Notary Acknowledgment) Deputy CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of Californi& County of Fresno On May 14, 1997 before me, Deanna Kay Sabin, Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC- personally appeared Dave Shepard NAME(S)OF SIGNER(S) O 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 :;.., Deanna Kay Sabin ' signature(s) on the instrument the person(s), Comm #1059829 9 _. r NOTARYPUBL1. AL:?ORNIA or the entity upon behalf of which the FP,ECNC�CUNTY \: Comm Exp M2y25,1999 person(s) acted, executed the instrument. WITNESS my hand and offi seal. (GNAT I Y 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 -z#ESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL Stat8TErtt of s Affecting land DExel CORPORATE OFFICER P.W. Fi1e No. 5494-95-19 Pard Map No. 95-19 Vice President TITLE OR TYPE OF DOCUMENT TM-E(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 4 ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTrrY(IES) SIGNER(S)OTHER THAN NAMED ABOVE M. 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Carwga Park,CA 91309-7184 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) )ss. COUNTY OF FRESNO ) On JUNE 9TH , 1997 before me, Jocelyne Gueret personally appeared Alvin Solis, Development Dept. Director personally ]mown 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 By FP9519AP.TXT NANTUCKET PROPERTIES, INC. 2170 Noah winery Avenue Fresno, CA 93703 RECORDING REQUESTED BY Central Title Company And when recorded mail to Dwane Strickland Central Title Company 1155 W. Shaw Ave. Fresno, CA 93711 SUBORDINATION AGREEMENT Ready Mortgage Partnership No 809, a California Limited Partnership as Assignee of the beneficial interest in and under that certain Deed of Trust dated March 4, 1997 and recorded March 13, 1997, in the office of the Fresno County Recorder in Book Page of Official Records as Instrument Number 97033030 & 97033931, of which the Deed of Trust is by and between Nantucket Properties Inc., a Nevada Corporation, as Trustor, Ready Mortgage Service Corporation, as Trustee and Ready Mortgage Partnership No. 809 a California Limited Partnership, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereunder to the foregoing Statement of Covenants affecting Land Development and Buyer notification. DATED: lD A 2 Ready Mortgage Partnership No. 809,P California Limited Partnership BY: BY: / CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of FRESNO On JUNE 6, 1997 before me, 440xio Ire OATS NAME.TITLE OF OfFICEII•E.0-'JANE OOE N&AM PUBW personally appeared NAMEI OF SONEWS) ❑ 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 GLOWAD.ADAM- capacity(ies), and that by his/her/their COWA f tone Z amy Nagy PUAC-cogkxrl a signature(s) on the instrument the person(s), C Eq*osAM3.19% or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. sum"TUNE OF NOTN" OPTIONAL •+ Though the data below is not required by law.it may prow valuable to persons retying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDMDUAL ❑ CORPORATE OFFICER SUBORDINATION AGREEMENT Tmals) TITLE OR TYPE OF DOCUMENT ® PARTNER(S) O umr ED C3 GENERAL 1 ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ' ❑ GUARDW41CONSERVATOR ❑ OTHER: JUNE 6, 1997 DATE OF DOCUMENT SIGNER IS REPRESENTMrO: M"of MEMO an eanyo st SIGNER(S)OTHER THAN NAMED ABOVE 1