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Home My WebLink AboutT-3457 - Agreement/Covenant - 6/30/2006 r - RECORDED AT REQUEST OF CFNT17AL TI"fL CvMPr.>t1Y .................................................... r AT.. MIN. PAST ),IM Roeord►ng►oa-,,Wad ar JAN 31986 C,'.'?Clork,Fresno,(WifernFa 86000751 NO FO--C-04.Code 6103& FRESNO CO"iNTY, CALIFORNIA Rat :a to Cit/Clark,Fresno GALENNLARSON, Count `qkuavy Recordc FEE --------------------SPACE ABOVE FOR REgYabt)tRE30Rf tE------------------- Development Department City of Fresno STATEMENT OF NOTICE AND COVENANTS AFFECTING LAND DEVELOPMENT (Tract No. 3457) Airport Approach Area Protection RECITALS A. Spradling Construction Co . , 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 as follows and by this reference made a part of this Statement of Covenants : Lots 1 through 21 inclusive of Tract No. 3457, according to the map thereof recorded in Volume .yam_ of Plats at Pages ;?34S'14 , Fresno County Records. B. The Covenantor has submitted to the City of Fresno Tentative Tract Map No. 3457 which was approved by the Fresno City Council with conditions on April 13, 1982 by the Resolution No. 82-171 . C. A portion of the Subject Property, as identified on the recorded map of Tract 3457, is a 100-foot wide "Avigation Easement for Aircraft Approach Clear Zone Area" , hereinafter referred to as "the Airport Approach Area" . D. The City of Fresno desires to obtain covenants from -the Covenantor to insure that the Airport Approach Area is not developed, used, or maintained in such a way as to adversely affect approaching aircraft nor to create a danger to adjoining prop-erties by aircraft attempting emergency landings. 86000'751 COVENANTS, CONDITIONS, AND RESTRICTIONS For favorable action on, and approval of, the Covenantor ' s request that the City of Fresno record the Final Map of Tract No. 3457 in accordance with the Tentative Tract Map approved by Resoluton No. 82-171, 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 o-f the -Subject *Property and his heirs, administrators, successors, and assigns . 1. Covenantor hereby covenants as follows: With respect to the Airport Approach Area , Covenantor shall not: (a) Install , nor allow to be installed, landscaping except ground cover and other low growing plants which would not exceed a mature height of two (2) feet , and which would not tend to cause an airplane to veer or be deflected if landing in the landscaped area; (b) Install , nor allow to be installed, any object, structure. or thing, nor create any pond or watercourse, nor allow any activity any of which would produce distracting light or glare, smoke, electronic interference, or be a source of attraction to birds or to congregations of people; (c) Install or construct, nor allow to be installed or constructed, any other obstruction to use of the area and the airspace above it by aircraft. 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 said obligations nor shall the right of the. City of Fresno be transferra-ble. in any manner to any person other than to a successor municipal corporation whose geographic boundaries include the Subject Property. = .. _ -2- 86000 751 w 3 . It is the intention hereof that this document shall constitute a covenant in favor of the City of Fresno and shall run with the land and be binding upon the undersigned , • its grantees, heirs, and successors and assigns . 4 . The Covenant shall be released and of no further effect upon a written determination by the undersigned and the Director of the Development Department of the City of Fresno that its continued existence and enforcement are no longer necessary. 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 affect the validity or enforceability of any other provision hereof . Whenever the context of the statement so requires in interpreting this Statement, any gender includes the other genders, the singular includes the plural , and the plural includes the singular. DATED: Accepted By: COVENANTOR CITY OF FRESNO, SPRADLING CONSTRUCTION CO. . INC. . a Municipal Corporation a California Corporation By Q• Geor.ge ,A. Kerber, Director B Development D t Sherman L. Sp adlin President , IBy,I By , , a Creta A. pradling, ecretary ATTEST: JACQOkt ii L. RYLE City Clerk Air -- ------- ---------- STATE OF CALIFORNIA - I ` SS' — COUNTY O��F� On this the//J dayof 19��before SAFECO me, the undersigned Notary Public, in and for said County and State -FOR NOTARY SEAL OR STAMP' N personally appearedf 3 a = proved to me on the basis of�atisfactory ewd ce to be 910 may, _ ��••��''�� President,and �� /�}� GC• l � - � ;/ �., c.;;;:,,,_;;;�ra� P -- o y I NOIf1FiY PUBLIC-CALIFORNI l proved to me on the basis of satisfactory evidence to be t�;T,.c;Y L'`�RU FI! Secreta of the corporation w: ra.' E0 IN Secretary poration that executed the within instrument on behad f f4ES-NG COUNTY oI the corporation therein named, and acknowledged to me that such My COQ"'YQian Expi;tcJuly 1g�9g8 .� - - o corporation executed the within instrument pursuant to•its•by-laws ora CL resolution of it's board of directors. -- _ U Signaltur ✓LGCI�LL�i