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Home My WebLink AboutT-5228 - Agreement/Covenant - 2/15/2005 (3) i When Recorded Mail To City Clerk City of Fresno 2600 Fresno Street Fresno, Ca 93721-3603 12/15/2004,20040280152 W per,. NO FEE - Govt. Code 6103 LA- 0 Z v CITY of FRESNO VFire Department P.W. File No. 10686 JAF: 1668 South Bundy Drive (T-5228, Lot 1) STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT REQUIRING CERTAIN FIRE PROTECTION TO BE PROVIDED AND MAINTAINED FOR THE FINAL MAP OF TRACT NO. 5228 STATEMENT OF COVENANTS FIRE SPRINKLER SYSTEMS FINAL MAP OF TRACT NO. 5228 PAGE 2 RECITALS WHEREAS, SUNNYSIDE PROJECT, 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: Lots 1 through 72, inclusive of Tract No. 5228 according to the map thereof recorded on 1")&-r-ember /5 , 2004 in Volume !2 1 of Plats at Page(s) 6?0 I 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. 5228 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 72 lots of said Final Map No. 5228 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 1 STATEMENT OF COVENANTS FIRE SPRINKLER SYSTEMS FINAL MAP OF TRACT NO. 5228 PAGE 3 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; and WHEREAS, the covenantor has elected to not install fire sprinkler systems and will comply with the alternative provisions of FMC Section 12-4.508.E.1. 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. Covenantor agrees to 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. 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 STATEMENT OF COVENANTS FIRE SPRINKLER SYSTEMS FINAL MAP OF TRACT NO. 5228 PAGE 4 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. • STATEMENT OF COVENANTS FIRE SPRINKLER SYSTEMS FINAL MAP OF TRACT NO. 5228 PAGE 5 DATED: l 4- CITY CITY OF FRESNO, COVENANTOR a Municipal Corporation SUNNYSIDE PROJECT, LLC a California Limited Liability Company By: Granville Homes, Inc. a California Corporation ItsnanBy: By Randy'K. Bruegman, Fig Chief Farid Assemi, President Fire Department APPROVED AS TO FORM: (Attach Notary Acknowledgment) HILDA C TU-MO OY City Attne By: lEdD Deputy K:\Louisr\FT 5228\FT 5228 Covenant Fire Sprinkler v07-02-04.wpd Louis FM Tract No,5228 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I State of California County of I On jPj before me,l.,l'llh Date Name and Title of Officer(e.g.,'Jane&%,Notary Public") personally appeared ailid assm l Names) Signers) 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 �� ' Bl acknowledged to me that he/she/they executed COWthe same in his/her/their authorized �TM NM capacity(ies), and that by his/her/their �qwa OCT.10 2006 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. Signature of Nt.9f Public l l 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. 1 Description of Attached Document Title or Type of Document: I Document Date: Number of Pages: Signer(s)Other Than Named Above: I� 1 Capacity(ies) Claimed by Signer Signer's Name: We Ull 011 OWNS! ❑ 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.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-810-876-6627 CLERK'S CERTIFICATION STA TE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On December 10,2004, 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, CMC CITY CLERK u D By Deputy December 10,2004(2:21pm)