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HomeMy WebLinkAboutPM 2000-10 - Agreement/Covenant - 11/16/2005 (2) When Recorded Mail To City Clerk City of Fresno 05 't005�� 2600 Fresno Street Fresno, Ca 93721-3603 C W NO FEE -Govt. Code 6103 C�l C ) CITY of FRESNO VFire Department P.W. File No. 5494-9920 APN: 504-060-34 APN: 504-060-35 STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT REQUIRING FIRE PROTECTION MEASURES TO BE PROVIDED AND MAINTAINED FOR CERTAIN PARCELS WITHIN PARCEL MAP NO. 2000-10 s Statement of Covenants Fire Protection Measures Final Parcel Map No. 2000-10 Page 2 RECITALS WHEREAS, SAMUEL VINCENT MONACO and LISA QUIMET MONACO, Husband and Wife, as Trustees of The Monaco Revocable Trust, Dated March 27, 2003, hereinafter referred to as the "Covenantor," without regard to number or gender, is the owner of certain real properties in the City of Fresno, County offresno, State of California, hereinafter referred to as the"Subject Property" and more particularly described as: Parcels A through H, inclusive, of Parcel Map No. 2000-10 according to. the map thereof recorded in Book of Parcel Maps at Page(s)_zo 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 part of this instrument; and WHEREAS, the location of the Subject,Property is beyond three miles travel distance limitation from any existing operational fire station; and WHEREAS, the Conditions of Approval of Vesting Final Parcel Map No. 2000-10 require that until Fire Station No. 15 is completed and operational, certain measures shall be made in order for fire protection services be provided by the City of Fresno Fire Department to the Subject Property; and WHEREAS, in order to provide an acceptable level of fire protection services to the Subject Property, the Fresno City Fire Department requires additional fire protection measures be made and taken to the structures on the Subject Property: and WHEREAS, the'Fresno City Fire Department has determined that an acceptable level of fire protection services can be provided to the Subject Property provided the structures on the a: Statement of Covenants Fire Protection Measures Final Parcel Map No. 2000-10 Page 3 Subject Property are constructed with a fire sprinkler system of appropriate design forthe particular structure acceptable to the Fresno City Fire Department or alternatively to build in accordance with the provisions of FMC Section 12-4.508.E.1. COVENANTS, CONDITIONS AND RESTRICTIONS 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 delivering fire protection services to 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. 1. Each of the covenants,conditions,and restrictions contained in this Statement shall run with the Subject Property and shall be binding upon and inure to the benefit of each successive owner of the Subject Property and his heirs, administrators, successors, and assigns. 2.a. Covenantor agrees to construct each structure on the Subject Property with a fire sprinkler system of appropriate design for the particular structure acceptable to the Fresno City Fire Department or comply with the alternative provisions of FMC Section 12-4.508.E.1 which will limit the issuance of building permits for certain parcels of the subject property as determined by the Fire Chief. 2.b. Covenantors who have elected to construct structures on Parcels within the Subject Property with a fire sprinkler system shall maintain such system in working order at all times. Upon the sale of such Parcels by Covenantor to the initial purchaser (the "Initial Purchaser"), the Initial Purchaser, and his/her/their successors interest, heirs and assigns, shall be solely responsible for maintaining the fire sprinkler system located in, or on such Parcels within the Subject Property, at his/her/their sole cost and expenses. Any additions, improvements and other modifications to the Y` Statement of Covenants Fire Protection Measures Final Parcel Map No. 2000-10 Page 4 structure or to the fire sprinkler system shall maintain the integrity and effectiveness of the fire sprinkler system and shall be made pursuant to permits issued by the City Planning and Development Department and approved by the City of Fresno Fire Department. 3. The foregoing conditions shall remain in full force and effect until such time that the Fire Chief of the City of Fresno 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 validity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceablility of any one provision or portion hereof. Whenever the context thereof requires, the neuter shall include the masculine or feminine, or both, and the singular shall include the plural. It is the intention hereof that this shall constitute a covenant running with the Subject Property owned by the undersigned,jointly and severally binding upon the undersigned and each of their heirs, representatives, successors and assigns. Statement of Covenants Fire Protection Measures Final Parcel Map No. 2000-10 Page 5 DATED: /o O S� CITY OF FRESNO, COVENANTOR: a Municipal Corporation SAMUEL VINCENT MONACO and LISA QUIMET MONACO, Husband and Wife, as Trustees of The Monaco Revocable Trust, Dated March 27,2003 By: 2. Randy R. Bruegman, Fir hief Fire Department C�1 Samuel Vincent Monaco, Trustee By: APPROVED AS TO FORM: sa Quimet Monaco, Trustee HILDA CANTO-MONTOY City At rn y By: put (Attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF C R L' /40,41"1/7 COUNTY OF FA�`SNa RICHARD FERGUSON, NOTARY PUBLIC ON 9 Z 7-0 5 BEFORE ME, DATENAME a TITLE OF OFFICER(EG"JANE DOE,NOTARY PUBLIC") PERSONALLY APPEARED .TlA4 jrLk I- l/tn1 c F NT 'aou4 co M go �,,J# Q'vrgtr r .�-fe�•a Co PERSONALLY KNOWN TO ME 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 HEISHE/THEY EXECUTED THE SAME IN HWEH/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR RICHARD FERGUSON SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR COMM. #1407540 ' --'ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, f� NOTARY PUBLIC-CALIFORNIA EEXECUTED THE INSTRUMENT. FRESNO COUNTY My COmm.Expires Mar.25,2007 WITNESS MY HAND AND OFFICIAL SEAL. SIGNATURE OF NO PUBLIC **********OPTIONAL INFORMATION********** THE INFORMATION BELOW IS NOT REQUIRED BY LAW IT MAY PROVE TO BE IMPORTANT TO PERSONS RELYING ON THE DOCUMNENT AND COULD PREVENT FRAUDULENT REMOVAL AND REATTACHMENT OF THIS FORM TO SOME OTHER DOCUMENT, DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT: DOCUMENT DATE: NUMBER OF PAGES: SIGNER(S)OTHER THAN NAMED ABOVE: CAPACITY(IES) CLAIMED BY SIGNER(S) SIGNER'S NAME: SIGNER'S NAME: _INDIVIDUAL _INDIVIDUAL _CORPORATE OFFICER —CORPORATE OFFICER TITLE(S): TITLE(S): —PARTNER RIGHT THUMBPRINT —PARTNER RIGHT THUMSPRINT _LIMITED _GENERAL OF SIGNER _LIMITED —GENERAL OF SINNER ATTORNEY4N-FACT Top Of Thumb Here ATTORNEY4N-FACT Top Of Thumb Here TRUSTEE _TRUSTEE —GUARDIAN OR CONSERVATOR GUARDIAN OR CONSERVATOR OTHER _.OTHER: SIGNER IS REPRESENTING: SIGNER IS REPRESENTING: Advisory Group 1721 Eaetem AV.Suite 14•3aommerdo,CA M64 REVISED 10-15-97 REORDERS:CALL TOLL-FREE 1-800-6367233 CLERK'S CERTIFICATION STA TE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On October 31, 2005, before me, Elvia Sommerville, Deputy City Clerk,personally appeared, Randy R. Bruegman,Fire Chief, 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 1SCH, CMC CITY CLERK y. c _ By Deputy . -October 31 2005(10:15am) Parcel Map No. 2000-10 P.W. File No. 5494-2000-10 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on March 19, 2004, as Document No. 2004-0060741, in the office of the Fresno County Recorder, of which the Deed of Trust in, by and between: The Monaco Revocable Trust, Dated March 27, 2003, as Trustor, First American Title Insurance, a California Corporation, as Trustee, and Bank of Visalia, a California Corporation, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development Requiring Fire Protection Measures to be Provided and Maintained for Certain Lots Within Parcel Map No. 2000-10. DATED: October 5, 2005 BENEFICIARY _ f3AIV o'f V,4A1-;AI n cAtiFdAJV1A C0r'f0n47'6wJ lan W. St0he, EVP/CCO By: (Beneficiary to print/type Name and Title;and attach Notary Acknowledgment) Arai 1�e. - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Tulare On October 6, 2005 before me, Karen L. Casarez, Noi�r�r Puhlic Dale Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared Allan W. Stone Name(s)of Signer(s) --------------------- X*N personally known to me ft-prwed-torme-aTthe-basis -sMisfaetc peerideeee- to be the person(o whose'name( s a subscribed to the within instrument and acknowledged to me that KAREN I.CASAREIf1i /sof executed the same in d:WheW_Aheir T;;t_AZ"`"Coff#T4W0n#1556465 authorized capacity(ies), and that by djo4@04eir Notary PUbBC signature(v) on the instrument the person, or the Tulare16,MVC01=.EWkWMW3,2oo4entity upon behalf of which the person(a) acted, executed the instrument. WITNESS my hand and official seal. 1 Place Notary Seal Above �j�/Z,p,�\ Signature f Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ' ❑ Individual ❑ Individual ❑ Corporate.Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General _ ❑ Partner—❑ Limited ❑ General ❑ Attorneyin Fact • 'Top of thumb here El in Fact Top of[numb Here ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827 i