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Home My WebLink AboutPM 1998-15 - Agreement/Covenant - 8/11/2006 (3) CRY02/26/1999,19990030537 .A$Q�E.$PACE..Ft�R;RECORDER'S USE U11 .Y.... . ' ... P.W. File No. 5494-98-15 Development Department C-97-2091PM-98-15 City of Fresno STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT (Conditional Use Permit No. 97-209/Parcel Map No. 98-15) Buyer Notification of Noise Levels and Close Proximity to The Fresno Yosemite International Airport (Formerly known as the Fresno Air Terminal) RECITALS A. STEPHEN INVESTMENT INC., a California 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 in attached Exhibit "A". 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 5-parcel neighborhood commercial 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. 98-15 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 the Fresno-Yosemite International Airport (formerly known as the Fresno Air Terminal) and that the operation of the airport may affect the habitability and quiet enjoyment of the property. Page 2 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 dBA CNEL for outdoor activity areas and exceed the Fresno Air Terminal Airport and Environs Plan adopted police of new residential development within the adopted 65-70 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 (formerly known as the Fresno Air Terminal) 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 (formerly known as the Fresno Air Terminal). 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. Page 3 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. DATE • 2 CITY OF FRESNO, COVENANTOR a Municipal Corporation STEPHEN INVESTMENT INC., a California Corporation. By: Alvin P. oli , Director Development Department By: -".' 46e� Ivs-Ahen Pilibos, President APPROVED AS TO FORM: Hilda Cantd Montoy City Attorney By: Deputy f (Attach Notary Acknowledgment) Page 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of -FPS s, On1 =UZa AIL before me, EN_6 RAMSE)ENL``5 rp PY �ua I l personally appeared �, ' TF Pry E&i personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence) to be the person(K) whose name() is/ara- IV®TARY STAMP OR SEAL subscribed to the within instrument and acknowledged to me that he/M;e/tMey executed the same in his/her/their-authorized capacity(ies4, and that by his/#ger/theif- signature(V on the KAREN L. RAMSDEN instrument the personal, or the entity upon behalfr.. Comm.N 1119926 of which the person(' acted, executed the N NOTARFesnolCountyFORNIA UJ instrument. My Comm.[1 ire)Mal 13,1001 WITNESS my and and official seal. . ORVIDOL The data below Is not required by law, though 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 OF DOCUMENT -n-.(.) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ TRUSTEE(S) NUMBER OF PAGES ❑ ATTORNEY-IN-FACT ❑ GUARDIAN/CONSERVATOR ❑ OTHER DATE OF DOCUMENT PERSON SIGNING IS REPRESENTING: MW of rER80N(S)ort EWrrYQM SIGNER(S) OTHER THAN NAMED ABOVE CLERK'S CERTIFICATE STATE OF CALIFORNIA ) ) ss. COUNTY OF FRESNO ) On 2/24 , 1999 before me, Jocelyne Gueret personally appeared Alvin Solis, Director Devel. Dept. 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 By D TY EXHIBIT "A" The North three-fourths of the North half of the East half of Lot 1 in Block "A of Wolters Colony, according to the map thereof recorded in Volume 2 Page 10 of Plats, Fresno County Records. Excepting therefrom the West 150 feet thereof.