HomeMy WebLinkAboutT-5290 - Agreement/Covenant - 11/18/2005 (3) When Recorded Mail To
City Clerk
City of Fresno
2600 Fresno Street
Fresno, Ca 93721-3603 1111711005,10050171841
NO FEE -Govt. Code 6103 .
CITY of FRESNO
® Fire Department
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STATEMENT OF COVENANTS AFFECTING LAND
DEVELOPMENT REQUIRING FIRE PROTECTION
MEASURES TO BE PROVIDED AND MAINTAINED ON
LOTS WITHIN THE FINAL MAP OF TRACT NO. 5290
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A.
Statement of Covenants
Fire Protection Measures
Final Map of Tract No. 5290
Page 2
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 1 through 154, inclusive, and Outlot A of Tract No. 5290 according to the map
thereof recorded on A/�V�t2���/' /'� , 20p -in Volume s3 of Plats at
Page(s) ES rl/ �, 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 location of the Subject Property is beyond three miles travel distance
limitation from any existing operational fire station; and
WHEREAS,the Conditions of Approval of Vesting Tentative Map No. 5290 require that fire
service be provided by Fresno County Fire Station Nos. 87 and 88; and
WHEREAS, such fire stations are located more than 3 miles away from 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
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
Statement of Covenants
Fire Protection Measures
Final Map of Tract No. 5290
Page 3
Subject Property are constructed and maintained with a fire sprinkler system of appropriate design
for the particular structure acceptable to the Fresno City Fire Department.
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 construct each structure on the Subject Property with a fire
sprinkler system of appropriate design for the particular structure acceptable to the Fresno City Fire
Department.
2.b. Covenantors agree to maintain such system in working order at all times. Upon the
sale of any Lot 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. 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.
h. r ..3.' The foregoing conditions shall remain in full force and effect until such time that the
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Statement of Covenants
Fire Protection Measures
Final Map of Tract No. 5290
Page 4
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 and
each of their heirs, representatives, successors and assigns.
Statement of Covenants
Fire Protection Measures
Final Map of Tract No. 5290
Page 5
DATED: O<:Td 47eq el '706S-
CITY
o6SCITY OF FRESNO, COVENANTOR:
a Municipal Corporation
CENTEX HOMES,
a Nevada General Partnership
By: Centex Real Estate Corporation,
By: a Nevada Corporation,
Randy R. ruegman, Fire Chief as Managing General Partner
Fire Department
By:
David Hatch, President
Central Valley Division
APPROVED AS TO FORM:
HILDA CANTO-MONTOY (Attach Notary Acknowledgment)
City t ey
By:
Deputy
STATE OF CALIFORNIA )
ss.
COUNTY OF TULARE )
On September 30, 2005, before me, Jayne Willis,Notary Public,
Personally appeared DAVID HATCH
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 nd and official seal.
Signature `
(SEAL)
JAYNE WILLIS
Commission# 1534559
Notary Public-California
Tulare County
Q,MyComm.Expires Dec 13,2008
CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO
CITY OF FRESNO )
On October 5, 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. KLISCH, CMC
CITY CCERK�"
o
By
Deputy Octaber 5,2005(10:12am)
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