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Home My WebLink AboutT-5510 - Agreement/Covenant - 11/10/2005 (3) T WHEN RECORDED MAIL TO City Clerk City of Fresno �— 2600 Fresno Street 11��7Z��5 ��3�Z66 47 Fresno, CA 93721-3603 3R LU tJ.f a NO FEE - Government Code 6103 t'J., APN: 428-072-06 4426 North Sharon Avenue STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT (TRACT.MAP NO. 5510) Buyer Notification of Noise Levels and Hold Harmless .r n, 1"",wim :; ABOVE SPACE FOR RECORDER'S USE P.W. File No. 10917 . Development Department City of Fresno STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT (Vesting Tentative Tract No. 5510) Buyer Notification of Noise Levels and Hold Harmless RECITALS A. 2M Development, Inc., a California Corporation, hereinafter referred to as "the Covenantors," 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, 2, 3, 4, 5, 6, 7 and 8, of Tract No. 5510 according to the map thereof recorded on Al oye m.h r 9 , 2017,5 in Volume _Y73 of Plats at Page(s) 2 ) Fresno County Records 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 an 8-lot single-family residential 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 r r affect ad)oining properties. COVENANTS, CONDITIONS,_AND RESTRICTIONS For favorable action on, and approval of, the Covenantor's application for approval of a Final Map of Vesting Tentative Tract No. 551,0 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 and that the operation of the airport may affect the habitability and quiet enjoyment of the property. 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. C. The Covenantor's also agree 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 the residential unit lots adjacent to the Fresno Yosemite International Airport and within the 65 dBA CNEL or higher noise contour. n w { 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. 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. // // b { DATED: toc�S' CITY OF FRESNO COVENANTORS A Municipal Corporation 2M DEVELOP NT ORPORATION A California orpo do By: By: k ovino, Director a s n, President Plan in and Development Department Approved As To Form: Hilda Cantu Montoy, City Aey By: Deputy (Attach Notary Acknowledgment) .r . { 1. 1 h STATE OF California COUNTY OF Fresno On October 19. 2005 before me, K. Moreno (Name of Notary Public) personally appeared Gary Mason 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. K. MORENO COMM. #14M65 NOTARY PUS- 9 (Signature of Notary Public) FKSNO COUNTY �. Uy Oomm.expire;May 15,200 (This area for notarial seal) 7 . `(notary)(07-02) STATE OF California COUNTY OF Fresno On October 19, 2005 before me, K. Moreno (Name of Notary Public) personally appeared Gary Mason 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. K. MORENO COMM. #1489565 -C111114=011 (Signature of Notary Public) ' 'VOTARY Puss fR�SPQ�C�UNfY Oomm.Expira R9aq!S,2D06 (This area for notarial seal) (notary)(07-02) CLERK'S CERTIFICATION STATE OF CALIFORNIA COUNTY OF FRESNO ) CITY OF FRESNO ) On October 26,2005, before me, Elvia Sommerville, Deputy City Clerk, personally appeared, Nick P. Yovino, Planning and Development Director, known to me (or proved to me on the basis of satisfactory evidence)to be the person(s) whose name(s) 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 City Seal. REBECCA E. KL ISCH, CMC CITY CLERK By J . Deputy ; October 26,2005(3:52pm) Ty 3