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HomeMy WebLinkAboutT-5247 - Agreement/Covenant - 3/2/2005 (5) { ' a When Recorded Mail To City clerk @1114120@5,2@@50@1@113 City of Fresno - 2600 Fresno Street Fresno, Ca 93721-3603 O LL Z O 0 NO FEE -Govt. Code 6103 W U) CITY of FRESNO JFire Department STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT REQUIRING CERTAIN FIRE PROTECTION TO BE PROVIDED AND MAINTAINED FOR THE FINAL MAP OF TRACT NO. 5247, PHASE 1 OF TENTATIVE MAP NO. 5247 T Statement of Covenants Fire Sprinkler Systems Final Map of Tract No. 5247 Page 2 RECITALS WHEREAS, , CAMPOS BROTHERS, a California general partnership, GRANTLAND AVENUE L. L. C., a California Limited Liability Company, hereinafter designated and called the "Owner,"without regard for number or Gender, and GRANTLAND AVENUE L. L. C., a California Limited Liability Company,and IMAGE HOMES,Inc.,A California Corporation,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 30, 38 through 42, 51 through 56, 59, 61 through 63, 66 through 250, inclusive of Tract No. 5247 according to the map thereof recorded on 16n UA r ( /Y , 200-5 in Volume 9—of Plats at Page(s) .SZItsru ,SB , 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. 5247 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 250 lots of said Final Map No. 5247 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 f, Statement of Covenants Fire Sprinkler Systems Final Map of Tract No. 5247 Page 3 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. 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. 5247 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 herein above), and each of their heirs, representatives, successors and assigns. r ' Statement of Covenants ° Fire Sprinkler Systems Final Map of Tract No. 5247 Page 5 DATED: CITY OF FRESNO, COVENANTOR a Municipal Corporation OWNER: CAMPOS BROTHERS, a California general partnership By: rez . Fermin Campos, Pa ner By: , AA Antonio Campos, Partner By: Randy'k. Bruegman, re Chief Fire Department GRANTLAND AVENUE L.L.C., a California Limited Liability Company By: LE H ES,, Inc., a California Co ratio a a e Farid A emi, President APPROVED AS TO FORM: SUBDIVIDER/ OWNER HILDA C U-MON Y GRANTLAND AVENUE L. L. C., a California City At rney Limited Liability Company By: CASA WHc., a alifornia By' I o or Deputy By: r Farid Ass mi, Presid nt IMAGE HOMES, Inc., fornia Corpo etion By: xecutiv Offic r B in Mul iga741i'ent///// (Attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of On z,�3 M-11 before me, , Date -Name and Title of Officer(e.1,"Jane oa,Not ublic") personally appeared f , Name(s)of Signer(s) 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 CHRISTINE S.UNGENFELTER same in his/her/their authorized capacity(ies), and that by COMM.#1380M his/her/their signature(s)on the instrument the person(s), NOTARY PUgM 0 CAUFpRNIA FRESNocoUMY or the entity upon behalf of which the person(s) acted, Comm.Exp.OCT.20,2006 executed the instrument. WITNESS my hand and official seal. rA \J- , Signature of 05ary 8t 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: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: ©1994 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of County of I 9 On before me, , DA/E NAME,TITLE OF OFFICER-E.G.,"JA DOE,fARY PUBLIC' personally appeared NAME(S)OF SIGNERS) 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 ac- knowledged to me that he/she/they executed the same in his/her/their authorized CHRISTINE S.UNG capacity(ies), and that by his/her/their COMM.#1380s34. signature(s) on the instrument the person(s), NOTAWPUMX0CAUFOFOM or the entityupon behalf of which the FRESNO COUNTY p Comm.Exp.OCT.20,2006 person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of County of On 12,1 to IC41 before me, , TE + NAME,TITLE OF OFFICE -E"INEOTARY PUBL personally appeared CAX&Oowr�' ��--,, NAM S)OF SIGNER(S) El personally known to me - OR - I(�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 ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their �.. CHRISTINE S. ING 'NF ELTER signature(s) on the instrument the person(s), comm. 1380834 or the entity upon behalf of which the NOTARY PUBLIC•CALIFORNIA FRESNO COUNTY person(s) acted, executed the instrument. Comm.Exp,OCT.20.2006 WITNESS my hand and official seal. q SIGN TUR F NOT OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of County of ��� On �� before me, ChA , L)FTE NAME,TITLE OF OFFICER-E.G.,"JANE D , OTA PUBLIC" personally appeared , AME(S)OF SIGNER(S) ❑ 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 ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their �. CHRISTINE S.LINGENFELTER signature(s) on the instrument the person(s), COMM.#1380834 NOTARY PUBUC*CAUFORNU► or the entity upon behalf of which the FRESNO COUNTY acted, executed the instrument. comm.Exp.OCT.20,2006 person(s) WITNESS my hand and official seal. " SIGNATURE OF NOTAR OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 01 CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On December 22, 2004, before me, Elvia Sommerville, 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 ,Quz.�,� , Deputy