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HomeMy WebLinkAboutT-5248 - Agreement/Covenant - 11/4/2005 (4) When Recorded Mail To City Clerk City of Fresno 2600 Fresno Street ® Fresno, Ca 93721-3603 W � 1110311005,10050161114 00 Z U NO FEE - Govt. Code 6103 O U CITY of FRESNO Fire Department STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT REQUIRING FIRE PROTECTION MEASURES TO BE PROVIDED AND MAINTAINED FOR TRACT NO. 5248, PHASE 2 OF VESTING TENTATIVE MAP NO. 5248 f 17-11 Statement of Covenants Fire Protection Measures Final Map of Tract No. 5248 Page 2 RECITALS' WHEREAS,Sunnyside Ridge Partners II,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 70, inclusive of Tract No. 5248 according to the map. thereof recorded on �" D �»hP(' J , 20 in Volume 23 of Plats at Page(s) "714 _ + 90 , 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. 5248, Phase 1 of Vesting Tentative Map No. 5248 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 70 lots of said Final Map No. 5248 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 . gid;; r Statement of Covenants Fire Protection Measures Final Map of Tract No. 5248 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; 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/their successors interest, heirs and assigns, Statement of Covenants Fire Protection Measures Final Map of Tract No. 5248 Page 4 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 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 :r Statement of Covenants, Fire Protection Measures Final Map of Tract No. 5248 Page 5 DATED: �� �� 0 5' CITY OF FRESNO, COVENANTOR: a Municipal Corporation = SUNNYSIDE'RIDGE PARTNERS II, LLC A CALIFORNIA LIMITED LIABILITY COMPANY By: By: GENERATION HOMES, INC. Randy R. ruegman, Fire C ief A CALIFORNIA CORPORATION Fire Department ITS MANAGER APPROVED AS TO FORM: By:_?( Robert ood; President HILDA CANTU-MONTOY City Attorney By: (Attach Notary Acknowledgment) ty r�; br CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On DI before me, ^ ateame and Title of icer(e.g. "Jane Doe, otary Pu lic")_ personally appeared fft %\QL� ame(s)of Signer(s) rsonally known to me proved to me on the basis of satisfactory evidence ComDIANE HARPER mtsafon,#156450$ ! to be the person(s) whose name(s) is/are Nom Pubes-Cd4bMia subscribed to the within instrument and Fmw County acknowledged to me that he/she/they executed MyCarwn.ExpkesMar 26, 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. Signature of Nota P 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: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: SM NO ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑-Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator .❑ Other:0 s_. Signer Is Representing:_ }- ©1999 National No Association 9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402•www.NationalNotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 �z CLERK'S CERTIFICATION STATE OF CALIFORNIA COUNTY OF FRESNO ) CITY OF FRESNO ) On October 26, 2005, 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. NLISCH, CMC CITY o ByOyltw J Deputy October 26;205(2:41pm) t � - Tract No. 5248 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on _April-15, 2005 in the office of the Fresno County Recorder 2005-0083637 as Document No. _ of which the Deed of Trust in by and between: Sunnyside.Ridge Partners 0,LLC,a CA Limited Liability Company by Generation Homes,Inc.a CA Corporation,Manager as Trustor, x Financial Title , as Trustee, and Housing-Capital Company , 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. 5248, Phase lof Vesting Tentative Map No.,5248. DATED: .10/7/05 BENEFICIARY By: _ Housing Capital Company By. Geraud Smith, Vice President (Beneficiary to print/type Name and Title; and AttachNotary Acknowledgment) r. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of �0 On before me,ate N ' ame and Ttle of fficer(e.g Jane Doe,Not ry Pub c") personally appeared Name(s)of Signer(s) rsonally known to me ; proved to me on the basis of satisfactory evidence DLAM HARPER Commiftion#1564505 to be the person(s) whose name(s) is/are Notary PtAft-CaU MV0 subscribed to the within instrument and ROMCourdy acknowledged to me that he/she/they executed MyComm.80wMar26, 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"handandicial s I. ryP lic 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 Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑Limited ❑General ❑ Attorney-in-Fact ❑ Trustee . ❑ Guardian or Conservator 0_Other: _SignneerYs Representing: L" ©1999 National Notary Assoctatton-9350 De Soto Ave-,P.O.Box 2402-Chatsworth,CA 91313-2402-www.NalionalNotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 +r - t " Tract No. 5248 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded-on _April 15, 2005 , in the office of the Fresno County Recorder 2005-0083637 as Document No. of which the Deed of Trust in by and between: Sunnyside Ridge Partners II;LLC,a CA Limited Liability Company by Generation Homes,Inc.a CA Corporation,Manager as Trustor, Financial Title , as Trustee, and Sunnyside Project, LLC , 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. 5248, Phase\t of Vesting Tentative 2- Map No. 5248. DATED 10%7/05 BE RY B : Sunnyside roj'ect, LLC By: Granville Management By Farid Assemi, President (Beneficiary to print/type Name and Title; and Attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California � �County of ss. On before me, ate l Name and Title of Olticer(e.g.,"Jane Doe, otary P blic") personally appeared T( C _ l i \ , Name(s)of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are DIANE HARPER subscribed to the within instrument and Commission# 1564503 acknowledged to me that he/she/they executed Nofory Public-Collfomlo the same in his/her/their authorized FremCounfy capacity(ies), and that by his/her/their NMCOMM.EOM 126, signature(s)on the instrument the person(s), or L­he entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand a,d official seal. ignature o Not ry P.0 b 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 Signer's Name: . ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator .iiii El Other: Signer Is Representing: ©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 1-800-876-6827 s° i