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Home My WebLink AboutT-5302 - Agreement/Covenant - 6/3/2005 (2) When Recorded Mail To City Clerk City of Fresno 2600 Fresno Street Fresno, Ca 93721-3603 05/19/2005,20050111143 0 w :, „ NO FEE - Govt. Code 6103 a' ci. zc City of Fresno C:) Fire Department U STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT REQUIRED TO BE CONSTRUCTED AND MAINTAINED WITH FIRE SPRINKLER SYSTEMS FOR FINAL MAP OF TRACT NO. 5302 , Statement of Covenants Fire Sprinkler Systems Final Map of Tract No. 5302 Page 2 RECITALS WHEREAS, EUROPEAN BLUFFS, LP., a California Limited 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 39, inclusive of Tract No. 5302 according to the map thereof recorded on 04U 1 , 20_Q,f_ in Volume 9.2 of Plats at Page(s) (y t 6,5- , 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 Revised Conditions of Approval of Vesting Tentative Map No.5302 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 North Polk Avenue 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 WHEREAS, the Covenantor and the City desire to enter into an agreement providing for the installation and maintenance of such fire sprinkler systems. Statement of Covenants Fire Sprinkler Systems Final Map of Tract No. 5302 Page 3 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. 2a. The owners of each lot of the Subject Property shall maintain the fire sprinkler system in working conditions at all times. 2b. 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. 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 anyone 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 Sprinkler Systems Final Map of Tract No. 5302 Page 4 DATED: k 1�n 02 5 CITY OF FRESNO, COVENANTOR a Municipal Corporation EUROPEAN BLUFFS, LP., a California Limited City of Fresno Partnership Fire Department By: European Village, Inc., a California Corporation, as General Partner By: J2 Randy . Bruegman, Are Chief ILA L Fire Department By: Ke in J. C to os, President APPROVED AS TO FORM: 4- ichard G. Wathen, Secretary HILDA CANTU-MONTOY City Atto By. (Attach Notary Acknowledgment) Deputy Revised:04/21/2005 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Fresno On April 26. 2005 before me, Michelle C. DeWitt, Notary Public, personally appeared Kevin J. Castanos and Richard G. Wathen ® 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. MICHELLE C.DEWM Cortwr b*m#1512843 • No"Public-CaWorft Fresno CountyrA 1A My Comm.ExI►a Sep 12,2006 Signature of Notary Public 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(s) 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: ❑ Other: Signer is Representing: Signer is Representing: RIGHT THUMB RIGHT THUMB OF SIGNER OF SIGNER CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On May 11, 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. KL ISCH, CMC CITY CLERK 0 By �ut-off Deputy May 11,2005(2:13pm)