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Home My WebLink AboutPM 2004-36 - Agreement/Covenant - 10/23/2008 (5) When Recorded Mail To 2 cc 0 2 City Clerk vCity of Fresno 10/23/2008 20 2600 Fresno Street 080150049 Lu Fresno, Ca 93721-3603 J NO FEE -Govt. Code 6103 CITY of FRESNO Fire Department STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT REQUIRING FIRE PROTECTION MEASURES TO BE PROVIDED AND MAINTAINED FOR CERTAIN PARCELS WITHIN PARCEL MAP NO. 2004-36 Statement of Covenants Fire Protection Measures Parcel Map No. 2004-36 Page 2 RECITALS WHEREAS, FANCHER CREEK PROPERTIES, LLC., a California Limited Liability Company, 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 of Fresno, State of California, hereinafter referred to as the "Subject Property" and more particularly described as: Parcels A through AQ, inclusive, and Outlots 1 and 2 of Parcel Map No. 2004-36 according to the map thereof recorded on .C. - _ t r��? 20&Z,, in Book L i of Parcel Maps at Page(s)_,�2,�GL-, , 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 two miles travel distance limitation from any existing operational fire station; 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 Subject Property are constructed with a fire sprinkler system of appropriate design for the 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.2 Statement of Covenants Fire Protection Measures Parcel Map No. 2004-36 Page 3 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.2 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 afire 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 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. Statement of Covenants Fire Protection Measures Parcel Map No. 2004-36 Page 4 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. In the event that litigation is instituted to enforce or interpret any provision of this Statement, the parties agree that the prevailing party shall be paid reasonable attorney's fees, costs and litigation expenses. 5. 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 Parcel Map No. 2004-36 Page 5 DATED: 146 CITY OF FRESNO, COVENANTOR a Municipal Corporation FANCHER CREEK PROPERTIES, LLC., a California Limited Liability Company By: By: Kashian Enterprises Randy R.truegman, FirKChief a Timited Partnership, GA4�FoRrI�►v Fire Department as Member APPROVED AS TO FORM: Edward M. Kashian, General Partner JAMES C. SANCHEZ City Attorney By: Africal Development, LLC., a California Limited Liability Company, By: C4 _ _ as Member Iohn W. Fox DpUty City Attorney Date: Thomas G. Richards, Manager (Attach Notary Acknowledgments) STATE OF CALIFORNIA ) ss. COUNTY OF On Ne e mV-.r !6� �? , before me, Ste., M. 'i 0-4 1'du� R b1,C 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. Notary Public in and f said Stae ,•�°� ,, STEVEN M.YOUNG STATE OF CALIFORNIA ) = COMM.#14$8428 o¢ MOTARYMBLIC-CAUFORW ss. FREW COUNTY COUNTY OF �LE�r�I p ) *1c°""°'Eq.Jar''29,21= On {uQi"r- h, 007 , M, be re me, .Ci,%J� y T,6 far NoIar1t personally appeared -TRO�Ir A3 6. C R]5 , personally known to me ( rr to be the person(W whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/ahvIfficTexecuted the same in his/heMheif authorized capacity(iea4,, and that by his/her their signature(Q on the instrument the person(§), or the entity upon behalf of which the person(g) acted, executed the instrument. WITNESS my hand and official seal. ^ Notary Public in and State LETA M.CIAVAGLIA COMM.#1581774 rn Notary PubnC-061110M a N ° FRESNO COUNTY MV COMM.Exp,June 20,2009 2 1608948.1 CLERK'S CERTIFICATION State of California ) County of Fresno } On October 10, 2008 before me, Sherrie L. Badertscher, Deputy City Clerk, personally appeared, Randy Bruegman, Fire Chief, Fire Department, who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal REBECCA E. KLISCH, CMC City Clerk, City of Fresno JO,4,U, By � ZO CA W Deputy SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on I,-Z`d'01 , in the office of the Fresno County Recorder as Document No.2 010-1-021 2-2 Lt 3 of which the Deed of Trust in by and between: fd(y )Gv- C ccl� �ro�ctr'tti'�s; ��G� a C�i�Yht Lr�i ed L�Ia�L#-v Co as Trustor, r as Trustee, and(� AI LITl 62.6k ' 0, WaMU"' 15arkin Coyja2yA 7 ki as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development Requiring Certain Fire Protection to be Provided and Maintained for the Parcel Map No. 2004-36 DATED: BENEFICIARY C- �. T VraS M. �-�nr► 5 e'nl or V r GG Pr CS]dGr By: (Beneficiary to print/type Name and Title; and Attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Placer On January 22, 2008 before me, Wendy Todhunter.I daroeY &Ut DATE NAME,TITLE OF OFFICER" personally appeared Thomas M. Lynn-------------------------------------------------------------------- NAME(S) OF SIGNER(S) who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. L@An�h,WENDY TODHUNTER53 WITNESS my hand and official seal. COMM.#17555IF NOTARY PUBLIC*CALIFORNIA n PLACER COUNTY 0 Comm.Exp.AUG. 1,2011 SIGNATURE OF NOTARY This area for notarial seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNED DESCRIPTION OF ATTACHED DOCUMENT ZINDIVIDUAL Subordination ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) + V t' ❑ PARTNER(S) ❑ LIMITED r ❑ GENERAL I NUMBER OF PAGES ❑ ATTORNEY-IN-FACT [• -D ❑ TRUSTEE(S) DATE OF DOCUMENT ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER(S)OTHER THAN NAMED ABOVE SIGNER IS REPRESENTING: