HomeMy WebLinkAboutT-4920 - Agreement/Covenant - 8/15/2006 (5) y,�1�s� P.EGo fCD6� (CfiTU+� i a ;
CITY OF FRESNO
DEVELOPMENT DEPARTMENT
2600 FRESNO STREET OA
FRESNO CA 93121-3604 06/01/2000,20000063291
PL EASE CONFO
ABO—VE SP E- FOR RECORDER'S' EONLY '
P.W. File No. 10230 Development Department
City of Fresno
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
Acknowledgement of Sierra Sky Park Airport Operation for Tract No. 4920
RECITALS
A. WHEREAS, CENTRAL PACIFIC BUILDERS, INC., a California Corporation ,
hereinafter referred to as "the Covenantor," are the owners 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:
Lots 1 through 43 of Tract No. 4920 recorded in Volume of Plats
at Pages , Fresno County Records, and
B. 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
C. WHEREAS, Covenantor has filed a final map of Tract 4920 with the City of
Fresno for a 43-lot single-family residential subdivision that is in close proximity to the Sierra
Sky Park Airport; and
Statement of Covenants, Sierra Sky Park
Airport Operations Tract No. 4920
Page 2
D. WHEREAS, a condition of approval of Vesting Tentative Map No. 4920
requires Covenantor to accept and acknowledge the operations of the Sierra Sky Park
Airport and to disclose such airport operations to buyers of the Subject Property.
COVENANTS, CONDITIONS, AND RESTRICTIONS
For favorable action on, and approval of, the Covenantor's application for approval of the
Final Map of Tract No. 4920, the Covenantor hereby covenants that the Subject Property
shall be held, conveyed, encumbered subject to the following covenants, conditions, and
restrictions. Each of the covenants, conditions, and restrictions contained in this Statement
will run with the Subject Property and shall be binding upon and inure the benefit of each
successive owner of the Subject Property and his heirs, administrators, successors, and
assigns.
1. The Covenantor hereby covenants:
a. That the operation of Sierra Sky Park Airport is accepted and
acknowledged; and
b. That the operation 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 Subject Property; and
C. That the owner shall, by the use of Real Estate Disclosure Report, notify
any buyer of the Subject Property of the proximity to the Sierra Sky Park
Airport and that aircraft overflights may affect the habitability and quiet
enjoyment of the Subject Property.
E. The conditions of this Statement are intended to benefit both the Subject
Property, the public and public properties. Accordingly, it is agreed 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.
F. The conditions and obligations of this Statement shall remain in full force and
effect until such time as the Director of the Development Department of the City of Fresno
issues a written release of such conditions and obligations and records such release with the
Fresno County Recorder.
DATED: /17,q4e /
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
CENTRAL PACIFIC BUILDERS, INC.,
By: a California Cor ration
is P. Yovino, Director
De lopment Department
By:
APPROVED AS TO FORM: eve Lutton, President
Hilda CapW Montoy
City Apdrney By:
/A b Rick Nisbett, Secretary
By:
putt'
(Attach Notary Acknowledgment)
Statement of Covenants, Sierra Sky Park
Airport Operations Tract No. 4920
Page 4
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
C
On Z, , 2000 before me, ��� —'
personally appeared v�,ldLl R � �
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
v
o vr.ze�t.c�Z e
By. c
DEPUTY
ftcovsieeraskyparkAO t4920 May 4,2000
STATE OF Califomia
COUNTY OF Q 7SAJ
On / � before me, Richard P. Christensen, Notary Public
(Name, Title of Officer)
personally appeared
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 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), or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
�"� _C �,<°`� °•;rN RICHARD P.CHRISTENSEN T
OC COMM.#1186032 W
(Signature of Notary Public) tk] NOTARY PUBLIC-CALIFORNIA C13�r PRINCIPAL OFFICE IN ]�
FRESNO COUNTY d
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MY CIMMWbn E.V.June 8,2002
(This area for notarial seal)