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HomeMy WebLinkAboutPM 2006-22 - Agreement/Covenant - 12/31/2008 (3) When Recorded Mail To O Z City Clerk z City of Fresno 12/3012008120080176699 V 2600 Fresno Street W Fresno, Ca 93721-3603 U) a w 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. 2006-22 Statement of Covenants Fire Protection Measures Parcel Map No. 2006-22 Page 2 RECITALS WHEREAS, VALLEY CAPITAL PARTNERS, 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 M, inclusive, of Parcel Map No. 2006-22 according to the map thereof recorded on bee 30 , 20013 in Book 61 of Parcel Maps at Page(s) t 50 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 afire 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 COVENANTS, CONDITIONS AND RESTRICTIONS COVENANTOR hereby covenants that the Subject Property shall be held, conveyed, Statement of Covenants Fire Protection Measures Parcel Map No. 2006-22 Page 3 encumbered, used, occupied, developed, maintained, and irriproved 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 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. 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. Statement of Covenants Fire Protection Measures Parcel Map No. 2006-22 Page 4 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. 2006-22 Page 5 DATED: / . god d� CITY OF FRESNO, COVENANTOR a Municipal Corporation VALLEY CAPITAL PARTNERS, LLC Fire Department A California Limited Liability Company, As Owner r � By: By: Randy R. truegman, Fig Chief John E. Allen, Managing Member r_. ✓� SEE ATTACHED CERTIFICATE APPROVED AS TO FORM: By: :-- � Freeman Wong, Mangi Member JAMES C. SANCHEZ City Attorney ASI^�wre� —U By: W. Fox ['John puty City Attorney Date:�(�( I (Attach Notary Acknowledgments) CLERK'S CERTIFICATION State of California ) County of Fresno ) On December 23, 2008, before me, Jennifer Morelos, Deputy City Clerk, City of Fresno, personally appeared, Randy R. Bruegman, Fire Chief, 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)acted, executed the instrument. l 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 `A p p FRFs By (ice Deputy A � 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT c�=rr>r�:�.crc>rcr1���^.c�.��Yom:-c•��.�_�Y.��-`�' �'`c -c . State of California County of Z(Dc On` \h619% °Q before me, Ravinder Bhalla, Notary Pulbm(r Date HereInsertName and Title of the Officer personally appeared z6'YC - &-`\-Q� Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person+ whose nameW is/am subscribed to the within instrument and acknowledged to me that he/shoNgt-y executed the same in his/kea*w r authorized capacity(Wg}, and that by his/heOheii'signatureW on the instrument the persona, or the entity upon behalf of RAVINDER BHALLA U e COMM.#1603222 which the person(* acted, executed the instrument. NOTARY PUBLIC-CALItORNIA r � LOS ANGELES COUNTY g.rM co�T Exena Acr'ust 28,2009 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand offida.l I. Place Notary Seal Above Signature Signature of 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: C\\ `�C7 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _ \'\"y J=" �\�'��'" Signer Name: Individual ❑ Individ I Corporate Officer—Title(s): C Corporate fficer—Title(s): Partner—❑ Limited General _ _ _ ❑Partner—❑ mited ❑ General `I Attorney in Fact • ❑Attorney in Fact • �I Trustee Top of thumb here El Trustee Top of thumb here Guardian or Conservator C Guardian or Conserva Other: ❑ Other: Signer Is Rep esentit�g Signer Is Representing: 02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 1 On 2y, 2�Pbefore me, Date II Hee Insert Na7 and Title of the Officer personally appeared Q(I a Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(g) whose name(A(SaFe subscribed to the within instrument and acknowledged to me that �iL ey executed the same In his/ erkheir authorized capacity(j,es`}, and that by is eir signature(.s') on the instrument the person(K), or the entity upon behalf of �r a• CHUCK.JIR=)I'AUl2AYkN4A which the personA acted, executed the instrument. C�o ?tlSSll•f: ar,' E1 Wt 0N Public California I certif under PENALTY OF PERJURY under the laws ';' Los Angp)os County Y I INAV Comm.Expire,.:Oct9,2008 of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Place Notary Seal Above Signature otary 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: j i,'° ^l I Document Date: Number of Pages: Signer(s) Other Than Named Above: - Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: O Individual Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited L General J Partner—`' Limited ❑ General ❑ Attorney in Fact C Attorney in Fact • ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator Other: ❑Other: Signer Is Representing: Signer Is Representing: ©2007 National Notary Association-9350 De Soto Ave.,Po.Box 2402-Chatsworth,CA 91313-2402•www.NationalNotary.org Item 45907 Reorder:Call Toll-Free 1-800-876-6827 Statement of Covenants Affecting Land Development Requiring Fire Protection Measures to be Provided and Maintained For Certain Parcels Within Parcel Map No. 2006-22. SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on August 31, 2007 , as Document No. _2007-0164871_of Official Records, of which the Deed of Trust in, by and between: Valley Capital Partners, LLC, a California Limited Liability Company as Trustor, Fidelity National Title Company as Trustee, and Wells Fargo Bank, N.A. successor by merger to Placer Sierra Bank as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto the foregoing Statement of Covenants Affecting Land Development Requiring Fire Protection Measures to be Provided and Maintained For Certain Parcels Within Parcel Map No. 2006-22. DATED: _�L j A e �S 2008 Wells Fargo Bank, N.A. successor by merger to Placer Sierra Bank as Beneficiary By: (Beneficiary to print/type document data, names and titles; and attach dated Notary Acknowledgments to this document) CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of ��' S On % 1tC'_ i"=x'w before me, ` (Here insert name and title of the officer) personally appeared 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. ANNA HERNANDEZ CommISSIOn# 1564753 ESS my d and official seal. •"� No Public-Calltornb Mge+es County Corrlrn.E>tplres Mor 26,2009 Signature o Notary Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California.In such instances,any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authori_ed capacity of the signer). Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required. Number of Pages Document Date • State and County information must be the State and County where the document g signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. El Individual(s) Ire/she/Oiey;-is/are)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer . The notary seal impression must be clear and photographically reproducible. Impressiun must not cover text or lines If seal impression smudges,re-seal if a (Title) sufticien':area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the coumy clerk. ❑ Attorney-in-Fact ,additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other Indicate title or type of attached document,number of pages and date. Indicate the capacity claimed by the signer If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com Statement of Covenants Affecting Land Development Requiring Fire Protection Measures to be Provided and Maintained For Certain Parcels Within Parcel Map No. 2006-22. SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on _April 30, 2008 , as Document No. _2008-0063285_of Official Records, of which the Deed of Trust in, by and between: Valley Capital Partners, LLC, a California Limited Liability Company as Trustor, Fidelity National Title Company as Trustee, and Intervest- Mortgage Investment Company as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto the foregoing Statement of Covenants Affecting Land Development Requiring Fire Protection Measures to be Provided and Maintained For Certain Parcels Within Parcel Map No. 2006-22. i DATED: 3 2008 Intervest-Mortage Investment Company as Beneficiary A WA SH i N6T5 N C-OPVIORATta N By: l- � C-�I/P A4YE CLAY, Eve By: (Beneficiary to print/type document data, names and titles; and attach dated Notary Acknowledgments to this document) CALIFORNIA NOTARY ACKNOWLEDGEMENT STATE OF Oregon )SS COUNTY OF Clackamas ) On June 3, 2008 before me, Kathleen Spittal, Notary Public, personally appeared Dave Clay, who proved to me on the basis of satisfactory evidence to be the person(-) whose nameH is/are subscribed to the within instrument and acknowledged to me that he/she/the y executed the same in his eif authorized capacity(ies), and that by his/herfthe+r signatureH 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. OFFICIAL SEAL KATHLEEN L SPITTAL NOTARY PUBLIC-OREGON i COMMISSION NO.411457 Signature MY COMMISSION EXPIRES DECEMBER 9,2010 My Comrnission Expires: 12/9/2010 This area for official notarial seal Notary Name: Kathleen Spittal Notary Phone: 503-214-5052 Notary Registration Number: 411457 County of Principal Place of Business: Clackamas, OR