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Home My WebLink AboutT-4598 - Agreement/Covenant - 9/29/2005 (5) When Recorded Mail To City Clerk City of Fresno 2600 Fresno Street Fresno, Ca 93721-3603 091 2911005,Z0050Z30005 ca W NO FEE-Govt. Code 6103 O Z v City of Fresno c:) Fire Department STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT REQUIRING CERTAIN FIRE PROTECTION TO BE PROVIDED AND MAINTAINED FOR THE FINAL MAP OF TRACT NO. 4598, PHASE 1 OF VESTING TENTATIVE MAP TRACT NO. 4598 Statement of Covenants Fire Sprinkler Systems Final Map of Tract No. 5395 Page 2 RECITALS WHEREAS, Lafferty GDCI Fresno L.P., a Delaware Limited Partnership, 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: Lots 1 through 86, inclusive of Tract No. 4598 according to the map thereof recorded on S ./k,02&C �Q , 20¢;5- in Volume rZ3 -of Plats at Page(s)_ 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 intoa 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 Conditions of Approval of Vesting Tentative Map No. 4598 require certain measures be made in order for fire protection services be provided by the City of Fresno Fire Department; and WHEREAS,the site location of the Subject Property is such that all 86 lots of said Final Map No.4598,are beyond three 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.1. I Statement of Covenants Fire Sprinkler Systems Final Map of Tract No. 5395 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. 2a. The owners of each lot of the Subject Property shall maintain the fire sprinkler system in working conditions at all times. 2b. 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. 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 (except as provided in Section 2a herein above), and each of their heirs, representatives, successors and assigns. Statement of Covenants Fire Sprinkler Systems Final Map of Tract Nalze Page 4 DATED: S CITY OF FRESNO, COVENANTOR a Municipal Corporation Lafferty GDCI Fresno L.P., a Delaware Limited Partnership By: LAFFERTY/LANDCASTLE, LLC a California Limited Liability Company, its Gener .r. By: By: _ Lafferty, Managing Randy . Bruegma �FireVief, Member Fire Department (Attach Notary Acknowledgment) APPROVED AS TO FORM: HILDA CANTO-MONTOY City Attorney By: Deputy �t b CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California (� ss. County of OnF�T► LOS before me, arnk ` R r`U W h ate - (� Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared Names)o igner(s) ersonally.known to me ❑ proved to me on the basis of satisfactory evidence to be the person(rs} whose name* is/are- subscribed to the within instrument and AROI BRC1M acknowledged to me that he/shal%4" executed Comnouft#1674491 the same in 1is/hex4heif authorized Notary PuM-C(fifomla capacity(ies- and that by his/hof4heir CWW costa County r signature(.-on the instrument the person4s), or -W Comm.Boma Aix 27,20091 the entity upon behalf of which the personk4 acted, executed the instrument. WITNESS my-hand and official seal. 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: <__-L aLQ Yr.e- h� �ov G\NaA s Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NatepaiNotary.org -Prod.No.5907 Reorder:Cail Toll-Free 1-800.876-6827 CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO : ) On September 2,2005 , 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. KLISCH, CMC CITY CLERK By ZQav ,ct_� Deputy,, ":, September 2,'2005(8:47am) 1 T- 1 IK Tract No. 5395 P.W. No. 10763 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on July 30, 2004, in the office of the Fresno County Recorder, as Document No. 20040167603, of which the Deed of Trust in, by and between Lafferty GDCI Fresno, L.P., a Delaware Limited Partnership as Trustor, Fidelity National Title Company, as Trustee, and Ohio Savings Bank, a federal savings bank, 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 Final Map of Tract No. 4598, Phase 1 of Vesting Tentative Map Tract No. 4598. DATED: QIIC-C CIT ZS _ Z�Q ✓� TRUSTEE or BENEFICIARY By: Trc �Gc �r�ar,✓,�..,f BX:�p �C Rtz sorL� (Trustee/Beneficiary to print/type Name and Title; and Attach Notary Acknowledgment) r� CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of San Bernardino }SS. On August 25, 2005, before me, Thanhliem Brenda Le, Notary Public, personally appeared, Victor P. Bessette ® personally known tome ❑ proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to T;;.Zh'T $ the within .instrument and acknowledged to me HANHLIEM BRENDA LE that he executed the same in his authorized Commission is 1398188 ontocapacity, and that b his signature z ®� Notary Public—California Y g ature on the Z San Bernardino County instrument the person, or the entity upon behalf MyComm.E esfeb4,2007 of which the person acted, executed the instru nt. IN S my han n icial s Place Notary Seal Above Signature ota u 'c OPTI 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: Statement of Covenants Affecting Land Development Requiring Certain Fire Protection to be Provided and Maintained for the Final Map of Tract no.4598, Phase 1 of Vesting Tentative Map Tract No.4598,Subordination Date: NIA - Number of Pages: 6 Signer Other Than Named Above: Capacity Claimed by.Signer RIGHTTHUMBPRINT OF SIGNER 9 1 Signer's Name: Victor P. Bessette ❑ Individual Top of thumb here ® Corporate Officer--Title: Vice President El Partner--❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Ohio Savings Bank Signer's Name: ❑ Individual OF SIGNER#2 ❑ Corporate Officer--Title: Top of thumb here ❑,Partner--❑ Limited ❑ General ❑ Attorney in Fact Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of San Bernardino ISS. On August 26, 2005, before me, Thanhhem Brenda Le, Notary Public, personally appeared, Gary L. Arnett, ® personally known tome Ej proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to THANHLIEM BRENDA LE the within instrument and acknowledged to me Commission# 1398188 that he executed the same in his authorized a� Notary Public—California capacity, and that by his signature on the San Bernardino County instrument the person, or the entity upon behalf Pqy Comm.Expkes Feb 4.2007 of which the person acted, executed the instrum t. ITN my ha a official Place Notary Seal Above Sig'nature of No 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: Statement of Covenants Affecting Land Development Requiring Certain Fire Protection to be Provided and Maintained for the Final Map of Tract no.4598, Phase 1 of Vesting Tentative Map Tract No.4598, Subordination Date: NIA Number of Pages: 6 Signer Other Than Named Above: Capacity Claimed by Signer RIGHT THUMBPRINT Signer's Name: Gary L. Arnett ❑ Individual Top of thumb here ® Corporate Officer--Title: Vice President ❑ Partner--❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Ohio Savings Bank Signer's Name: RIMI THUM1717=1 ❑ Individual OF SIGNER 9 2 ❑ Corporate Officer--Title: Top of thumb here Partner--❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee Guardian or Conservator ❑ Other: Signer Is Representing: