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Home My WebLink AboutT-5232 - Agreement/Covenant - 6/18/2007 zr When Recorded Mail To City Clerk City of Fresno 2600 Fresno Street Fresno, Ca 93721-3603 @6/06/2@@7,2@01@ 111566 NO FEE - Govt. Code 6103 CITY of FRESNO Fire Department ao STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT REQUIRING THE CONSTRUCTING AND MAINTENANCE OF FIRE SPRINKLER SYSTEMS FOR CERTAIN LOTS WITHIN THE FINAL MAP OF TRACT NO. 52327 PHASE 1 OF VESTING TENTATIVE MAP NO. 5232/UGM Statement of Covenants Fire Sprinkler Systems Final Map of Tract No. 5232 Page t RECITALS WHEREAS, CENTEX HOMES, a Nevada General 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 331 and 332, inclusive of Tract No. 5232 according to the map thereof recorded on lnc- 20b? in Volume _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 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 I WHEREAS,the Revised Conditions of Approval of Vesting Tentative Map No.5232 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 from the single access entrance of the subdivision on East Platt and South Stanford Avenues 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. 5232 Page 3 i 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. i Statement of Covenants Fire Sprinkler Systems Final Map of Tract No. 5232 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. Statement of Covenants Fire Sprinkler Systems Final Map of Tract No. 5232 Page 5 DATED: LAC �o CITY OF FRESNO, COVENANTOR a Municipal Corporation CENTEX HOMES, City of Fresno A Nevada General Partnership Fire Department By: CENTEX REAL ESTATE CORPORATION A Nevada Coro ation Its Sole Mana ing �artner By: _ By. Randy R. Bfdegman, Fire Chief Cl Scott Travis,.Division Controller, Fire Department Central Valley Division, and Assistant Secretary APPROVED AS TO FORM: JAMES E. SANCHEZ City Attorney By: 169 . John W. Fox Deputy City Attorney Date: S-/gL'-?0 6'7 (Attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF California )SS COUNTY OF TULARE ) On May 8th, 2007 before me, CARMEN NAVARRO, NOTARY PUBLIC Scott Travis personally appeared personally known to me (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 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. WITNESS my hand and official seal. CARIIIMIIIEIIIN NAVARRO Signature COMM.#1:60815 Z NOTARY PUBLIC CALIFORNIA No TULARE COUNTY Comm.Exp.MARCH 18,2009 This area for official notarial seal. OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the documents. 0 INDIVIDUAL [7 CORPORATE OFFICERS) TITLE(S) 0 PARTNER(S) LIMITED F� GENERAL 0 ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR 0 OTHER SIGNER IS REPRESENTING: Name of Person or Entity Name of Person or Entity OPTIONAL SECTION Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES DATE OF DOCUMENT SIGNERS) OTHER THAN NAMED ABOVE Reproduced by First American Tide Insurance 1/2001 CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO) On May 17, 2007, before me, Elvia Sommerville Deputy City Clerk City of Fresno, personally appeared, Randy R. Bruegman Fire Chief, personally known to me (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 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. WITNESS my hand and official seal. I REBECCA E. KLISCH CITY CLERK, CMC v' v By �s2�„J Deputy r / II