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Home My WebLink AboutT-5224 - Agreement/Covenant - 6/3/2005 (5) When Recorded Mail To City Clerk City of Fresno 2600 Fresno Street Fresno, Ca 93721-3603 05120/2005,20050112241 � NO FEE-Govt.Code 6103 Z V CITY of FRESNO Fire Department W U) 4 LLE -j 01. STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT REQUIRING FIRE PROTECTION MEASURES TO BE PROVIDED AND MAINTAINED FOR TRACT NO. 5224 Statement of Covenants Fire Protection Measures Final Map of Tract No. 5224 Page 2 RECITALS WHEREAS, De Young Properties 5224 L.P., 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 through 177, inclusive of Tract No. 5224 according to the map thereof recorded on AAay i) , 20AftS in Volume .2 of Plats at Page(s)/,#40 7 Arm G 9 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 Conditions of Approval of Vesting Tentative Map No. 5224 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 177 lots of said Final Map No. 5224 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 i Statement of Covenants Fire Protection Measures Final Map of Tract No. 5224 Page 3 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; and WHEREAS,final occupancy for structures on the Subject Property will be withheld until Fire Station No. 18 is fully operational and emergency accesses are constructed. 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 either install fire sprinkler systems or comply with the alternative provisions of FMC Section 12-4.508.E.1 which will limit the issuance of building permits for certain lots of the subject property as determined by the Fire Chief. 2.b. Covenantors who have elected to construct structures on Lots within the Subject Property with a fire sprinkler system shall maintain such system in working order at all times. Upon the sale of such Lots by Covenantor to the initial purchaser (the "Initial Purchaser"), the Initial Purchaser,and his/her/theirsuccessors 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. Any additions, improvements and other modifications to the structure or to the fire sprinkler system shall maintain the integrity and effectiveness of the fire i r Statement of Covenants Fire Protection Measures Final Map of Tract No. 5224 Page 4 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. 2.c. Covenantor agrees that final occupancy for all such building permits will be withheld until such time as Fire Station No. 18 is fully operational and emergency accesses are constructed or otherwise cleared for occupancy by the Fire Chief. 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. r Statement of Covenants Fire Protection Measures Final Map of Tract No. 5224 Page 5 DATED: CITY OF FRESNO, COVENANTOR: a Municipal Corporation De Young Properties 5224 L.P., a California Limited Partnership By: Team 5 Properties, Inc., a California Corporation, as General Partner. By: Z �.�. By: Randy . Bruegman, Fir Chief Je . De )fn jPre ident Fire Department (Attach Notary Acknowledgment) APPROVED AS TO FORM: HILDA CANTO-MONTOY City A o By: Deputy S STATE OF CALIFORNIA, COUNTY OF Fresno } S.S. On April 15, 2005 before me, Anna M. Renna a Notary Public in and for said County and State, personally appeared Jerry A. De Young personally known to me (^f yed to ►ae o the t0 be FOR NOTARY SEAL OR STAMP basis al S81I5!Rcfory—uvtdu7Tce) the person whose name is/are subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/herAheir authorized ca acit ,•u`� F, ANNA M.RENNA p y(fes}; and that by his/he��heir N a`' ' . m COMM.#1433198 y signature on the instrument the person(j6, or ti ° NOTARY PUBLIC-CALIFORNIA the entityupon behalf of which the person( FRESNO COUNTY N acted, executed the instrument. ^ My Comm.Exp.Aug.30,2007 WITNES my h d and official a I. Signature CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On May 10, 2005, before me, Erika Leyva, Deputy City Clerk, personally appeared Randy R. Bruegman,Fire Chief Fire Department,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. By GU Deputy/f Tract No. 5224 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on Deco ber aa, aooq� , in the office of the Fresno County Recorder as Document No. a ooq,- oaB sa4 R of which the Deed of Trust in by and between: DC L-AD szzq-t-.P.r a i�jld&-t,►a Lirni+diras Trustor, G�rneG n u , as Trustee, and urnta k j Th,sfi C,li(Zrnia f"rw llroorat3cn, 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. 5224. DATED: PQrl 118, �Oi BENEFICIARY By: R►c►-�..c-d mud�n.o Sr. V. P. By: (Beneficiary to print/type Name and Title; and Attach Notary Acknowledgment) STATE OF CALIFORNIA, COUNTY OF Fresno } S.S. On April 18, 2005 , before me, Anna M. Renna a Notary Public in and for said County and State, personally appeared Richard Andino personally known to me (w preved to me an FOR NOTARY SEAL OR STAMP t4& basis ^4 ratiefantary PuWaaee)- to be the person whose name isfare-subscribed to the within instrument and acknowledged to me that he/she" executed the same in his/hsr/tl ift authorized capacity(ies), and that by his/heMthreir ,�E�.�.•4F ANNA M.RENNA signature() on the instrument the person, or cm a`' �s COMM.#1433198 c' the entity upon behalf of which the person($) cc .._ "�� NOTARY PUBLIC-CALIFORNIA N acted, executed the instrument. FRESNO COUNTY„o..• My Comm.Exp.Aug. TY 2007 WITN S my nd and off seal. Signat