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Home My WebLink AboutT-5232 - Agreement/Covenant - 6/18/2007 (2) WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 `@6106120@7,Z0@7@ 111565 NO FEE - Government Code 6103 CITY OF FRESNO Planning and Development Department Q P.W. File No. 10971 [nJ CQ STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT ACKNOWLEDGING FRESNO-YOSEMITE INTERNATIONAL AIRPORT OPERATIONS FOR THE FINAL MAP OF TRACT NO. 5232, PHASE 1 OF VESTING TENTATIVE MAP NO. 5232/UGM STATEMENT OF COVENANTS Acknowledging Airport Operations Tract No. 5232 Page 2 RECITALS WHEREAS, CENTEX HOMES, a Nevada General Partnership, hereinafter referred to as the "Covenantor, is the owner of the 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 412, inclusive, and Outlot"A"through "R" of Tract No. 5232 according to the map thereof recorded on Stine to 20409 in Volume of Plats at Pages(s) %5 thru (g, Fresno County Records; and 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 WHEREAS, the Covenantor has applied to the City of Fresno for a Final Map of Tract No. 5232 which would subdivide the Subject Property into 412-lot single-family residential and 18 outlots project; and WHEREAS, 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 said Final Map, 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 STATEMENT OF COVENANTS Acknowledging Airport Operations Tract No. 5232 Page 3 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 Subject Property to the Fresno-Yosemite International Airport and that the operation of the airport may affect the habitability and quiet enjoyment of the Subject Property. b. To notify any buyer, by the use of real estate disclosure statements,that the Subject Property 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. C. To indemnify, hold harmless, and defend the City and each of its officers, agents, and employees from any and all loss, liability, costs, and damages, and from any and all claims,demands and actions in law or equity(including attorney's fees and legal expenses),arising or alleged to have arisen directly or indirectly out of or in any way connected with the approval of this residential project adjacent to the Fresno-Yosemite International Airport and within the 60 dBA CNEL or higher noise contour. 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 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. 3. The foregoing conditions and obligations shall remain in full force and effect until such time as the Planning and Development Director issues a written release of such conditions and obligations and records such release with the Fresno County Recorder. 4. 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 STATEMENT OF COVENANTS Acknowledging Airport Operations Tract No. 5232 Page 4 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. STATEMENT OF COVENANTS Acknowledging Airport Operations Tract No. 5232 Page 5 DATED: CITY OF FRESNO, COVENANTOR a Municipal Corporation CENTEX HOMES, A Nevada General Partnership By: CENTEX REAL ESTATE CORPORATION A Nevada Corporati Its Sole Managing P rtn r By: By. K ith Bergt of Scott Travis, Division Controller, Planning and Development Department Central Valley Division, and Assistant Secretary Y— APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney By: John W. Fox Deputy City Attorney Date: 7 (Attach Notary Acknowledgment) A CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF California )SS COUNTY OF TULARE ) On May 8th, 2007 before me, CARMEN NAVARRO, NOTARY PUBLIC personally appeared Scott Travis 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 gtficial seal. CARMEN NAVARRO COMM.#1560815 3 Signature NOTARY PUBLIC•CALIFORNIA n g TULARE COUNTY Comm.IIIExp.MARCH 18,2009 This area for official notarial seal. OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the documents. ❑ INDIVIDUAL ❑ CORPORATE OFFICER(S) TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: Name of Person or Entity Name of Person or Entity OPTIONAL SECTION Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES DATE OF DOCUMENT SIGNERS) OTHER THAN NAMED ABOVE Reproduced by First American Title Insurance 1/2001 P CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO) On May 17, 2007, before me, Elvia Sommerville, Deputy City Clerk City of Fresno, personally appeared, Keith BerQthold, Assistant Planning and Development Director, 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. REBECCA E. KLISCH CITY CLERK, CMC v O' By Deputy _ 44 l