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Home My WebLink AboutT-5101 - Agreement/Covenant - 2/8/2005 (4) • When Recorded Mail To P City Clerk City of Fresno 2600 Fresno Street Fresno, Ca 93721-3603 04/20/2004,20040085812 NO FEE - Govt. Code 6103 u: 23 CITY of FRESNO t) Fire Department V, .,� P.W. File No. 10580 JAF: 1668 East Dorchester Lane (T-5101, Lot 1) .a STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT ON CERTAIN LOTS WITHIN THE FINAL MAP OF TRACT NO. 5101 REQUIRED TO BE CONSTRUCTED AND MAINTAINED WITH FIRE SPRINKLER SYSTEMS Y STATEMENT OF COVENANTS FIRE SPRINKLER SYSTEMS FINAL MAP OF TRACT NO. 5101 PAGE 2 RECITALS WHEREAS,COPPER MAPLE ESTATES I,LP,a California 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 1-15, 25-28, and 34-52, inclusive of Tract No. 5101 according to the map thereof recorded on &Qr) I c20 , 204y in Volume of Plats at Page(s) Yaru 8 4 T 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 Revised Conditions of Approval of Vesting Tentative Map No.5101 require certain measures be made in order for fire protection services be provided by the City of Fresno Fire Department; and WHEREAS,the design of the subdivision, pursuant to said Tentative Map,does not provide for a second point of access and results in certain lots within the subdivision being located more than 450 feet (measured along actual paved roadways) from the single access entrance of the subdivision on East Copper Avenue which affects the ability of the City of Fresno Fire Department to deliver an acceptable level of fire protection service to such lots (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 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; and STATEMENT OF COVENANTS FIRE SPRINKLER SYSTEMS FINAL MAP OF TRACT NO. 5101 PAGE 3 WHEREAS, the Covenantor and the City desire to enter into an agreement providing for the installation and maintenance of such fire sprinkler systems. 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 shall maintain the fire sprinkler system in working condition at all times. Notwithstanding the immediately preceding sentence, upon the sale of any of the above referenced Lots within the Subject Property 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 Lots within the Subject Property, at his/her/their sole cost and expenses. b. 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 SPRINKLER SYSTEMS FINAL MAP OF TRACT NO. 5101 PAGE 4 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 hereinabove), and each of their heirs, representatives, successors and assigns. 11 11 // // 11 STATEMENT OF COVENANTS FIRE SPRINKLER SYSTEMS FINAL MAP OF TRACT NO. 5101 PAGE 5 DATED: M.AR<N 71 / 2061 CITY OF FRESNO, COVENANTOR a Municipal Corporation COPPER MAPLE ESTATES I, LP a California Limited Partnership By: Copper Maple Estates I, Inc. A California Corporation, General Partner By: 0 By: z/z Randy R. lFruegman, Fire dhief Leo A.At son, President Fire Department APPROVED AS TO FORM: HILDA CANTO-MONTOY City At rney By: (Attach Notary Acknowledgment) Deputy LFDBE FORM COV Fire Sprinkler System v03-02-04 Jong 3-9-04 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Fresno On 03/09/04 before me,R.Haro DATE NAME,TITLE OF OFFICER" personally appeared Leo A.wilson NAME(S)OF SIGNER(S) 0 Personally known tome 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 acknowledge to me that he/she/they executed the same in his/her/their authorized R. HARO capacity(ies), and that by his/her/their signature(s)on the COMM. #1451125 —{ instrument the person(s), or the entity upon behalf o NOTARY PUBLIC-CALIFORNIA which the person(s)acted, executed the instrument. FRESNO COUNTY My Comm.Expires Nov.15,1001 Wy 71 ' seal I SIGN OF NOTARY CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On April 1,2004, 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 ISCH CITY CLERK o � By �Jc�► Deputy Tract No. 5101 P.W. File No. 10580 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on September 26, 2003 , in the office of the Fresno County Recorder as Document No. 2003-0232951 of which the Deed of Trust in by and between: Copper Maple Estates I. LP. a California limited partnership as Trustor, Financial Title Company , as Trustee, and Housing Capital Company, a Minnesota partnership , as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development on certain lots within the Final Map of Tract No. 5101 required to be constructed and maintained with fire sprinkler systems. DATED: 2 / BENEFICIARY Housing Capital Company, a Minnesota partnership By: 57, By: (Provide name and title of signature and Attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I III State of California i ss. ) I County of � rl �`� On ��^�" 0* before m #f Le/ /dwe �--- I Date Name +an le of Officer(e.g.," e Doe,Notary Public") personally appeared _ �� 0 tt �i Names)o igner(s) ersonally 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 he/she/they executed the same in his/her/their authorizedI swo mp IE capacity(ies), and that by his/her/their Cm I-ham #14234M signature(s)on the instrument the person(s), or _ 1►FI-C0111111I the entity upon behalf of which the person(s) Fmw cow* ( MICewb&pWJuWn106. c acted, executed the instrument.ni l WITNVf my ha and official seal. Snatu of Nofffry Public I I' 1 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: I Signer(s)Other Than Named Above: I Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attomey-in-Fact I ❑ Trustee ❑ Guardian or Conservator ❑ Other: i I Signer Is Representing: 0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Cell Toll-Free 1-900-676-6827 Tract No. 5101 P.W. File No. 10580 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on September 26. 2003 , in the office of the Fresno County Recorder as Document No. 2003-0232952 of which the Deed of Trust in by and between: Copper Maple Estates I, LP, a California limited partnership as Trustor, Financial Title Company , as Trustee, and Housing Capital Company, a Minnesota partnership , as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development on certain lots within the Final Map of Tract No. 5101 required to be constructed and maintained with fire sprinkler systems. DATED: BENEFICIARY Housing Capital Company, a Minnesota partners ip By: Cif!��"`��`� /ti1 •� (� (� �/IJ• ��4..,f- By: (Provide name and title of signature and Attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I� <I State of California County of �"-�Yl/0 ss. On �✓ 26`04 before me, JAP`CevL ads Date Name and itle of Officer(e.g.,"Jane Doe, otary Public") personally appeared , Names Signer(s) I 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 he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their ~LOMWE signature(s) on the instrument the person(s), or Cowwam on•14234M the entity upon behalf of which the person(s) i Noov Flbk-CCS OMb acted, executed the instrument. Fmw Cow* MIICoIn�n•E�prMJun�a WIT SS m nd and icial seal. ign re of Notary Public i I I 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: i� Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: V1911,16wo Nal ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator i I ❑ Other: Signer Is Representing: 0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•v .nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-600-676-M7