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HomeMy WebLinkAboutT-4971 - Agreement/Covenant - 8/15/2006 (2) 06/25/2002,20020104901 > 01moll Al"k « ��`. .ijF# C 3lsi.�.. }f j£ }##k X34 . I�}�i3333#F}# 3�# x£ #ii# P.W. File No. 10384 Planning & Development Department A.P.N. 430-226-01 & 06 City of Fresno STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT ACKNOWLEDGMENT OF PROPERTY LOCATED WITHIN CLOSE PROXIMITY TO AIR-TERMINAL AND ACCEPTANCE OF NOISE LEVELS DUE TO AIRPORT OPERATIONS RECITALS A. WHEREAS, Samuel A. Lucido and Linda A. Lucido, 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, hereafter referred to as the "Subject Property" and more particularly described as follows and by this reference made part of this Statement of Covenants: Lots 1 throu h 6 inclusive, of Tract No. 4971 recorded in Volume of Plats, at Pages , Fresno County Records, Fresno County. B. WHEREAS, 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 all such instruments of Subordination, if any, are attached hereto and made a part of this instrument; and Statement of Covenants Acknowledging Airport Operations Page 2 C. WHEREAS, the conditions of approval of Tract No. 4971, require that any and all parties having record title interest in the Subject Property acknowledge that said Subject Property is located within close proximity to the Fresno-Yosemite International Air Terminal and accepts related noise levels due to airport operations; and D. NOW, THEREFORE, the Covenantor hereby covenants as follows: COVENANTS, CONDITIONS, AND RESTRICTIONS 1. That it is understood by the owners and the owners' successors in the interest that the real Subject Property is located in close proximity to the Fresno-Yosemite Air Terminal. 2. The owners accept and acknowledge the operations of the airport. 3. That the operation of the Airport and the landing and taking-off of aircraft may generate high noise levels which will affect the habitability and quiet enjoyment of the Subject Property. s Statement of Covenants Acknowledging Airport Operations Page 3 4. The owners shall notify any buyer of the high noise levels by use of real estate disclosure statements for the Subject Property. The disclosure statements shall notify the buyers of the proximity of the property to the airport and that overhead flights of aircraft may affect the habitability and quiet enjoyment of the property. 5. The owners shall notify any buyer that any proposed building or structure must be built in accordance with the building height restrictions which extend from the "Clear Zone" into the Project site as defined by Part 77 of Federal Aviation Regulations. 6. Each of the covenants, conditions, and restrictions contained in this Statement shall run with the Subject Property and shall be binding upon each successive owner of the Subject Property, heirs, representatives, successors and assignees. 7. 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. All obligations of the Covenantor in 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 transferable in any manner to any person other than to a successor municipal corporation whose geographic boundaries include the Subject Property. Statement of Covenants Acknowledging Airport Operations Page 4 8. In the event that litigation is instituted to enforce the processing of this covenant, the parties agree that the prevailing party shall be paid reasonable attorney's fees. 9. The conditions and obligations of this Statement, for each lot or parcel of the Subject Property, shall be of no further force and effect upon satisfaction of the Fee obligations for such lot or parcel. 10. The conditions and obligations of this Statement shall remain in full force and effect until such time as the Fee obligations for all lots, parcels, units or buildings of the Project on the Subject Property are fully satisfied. 11. 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 one provisions 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. Statement of Covenants Acknowledging Airport Operations Page 5 CITY OF FRESNO, COVENANTOR, a Municipal Corporation Samuel A. Lucido and Lin A I „ 'do By: i k P. Yovino, Director ucido velopment Department APPROVED AS TO FORM: By: Linda A. Lucido HILDA CAN7U MONTOY City Attorn JI —�A a knowledgment By: Deputy DATED: � 'l`�-OZ, ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA } COUNTY OF On ill /!�� ZO t' , before me, �- . AV d personally appeared ,[ c C f— 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. Signature (This area for official notarial seal) ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. THIS CERTIFICATE MIDST BE ATTACHED TO Title of Document Type THE DOCUMENT DESCRIBED AT RIGHT. Number of Pages Date of Document Signer(s)Other Than Named Above CAROL J. NORRIS COMM.#1341717 NOTARY PUBLIC-CALIFORNIA FRESNO COUNTY My Comm.Expires Feb.22,2006 CITY CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On `"/ , 2002 before me, "i3Cc=c'f> .f personally appeared Nick P. Yovino 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(s), the person(s) on 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 r By.