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Home My WebLink AboutT-5310 - Agreement/Covenant - 8/2/2005 (3) When Recorded Mail To City Clerk City of Fresno 2600 Fresno Street _ -- Fresno, Ca 93721-3603 06�Z91706529950144666 NO FEE-Govt. Code 6103 cc CITY of FRESNO ® Fire Department Z C� W cnW ®. STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT REQUIRING FIRE PROTECTION MEASURES TO BE PROVIDED AND MAINTAINED FOR CERTAIN LOTS WITHIN TRACT NO. 5310 Statement of Covenants Fire Protection Measures Final Map of Tract No. 5310 Page 2 RECITALS WHEREAS, LENNAR FRESNO, Inc., a Califomia 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 17, 18;44 through 51,inclusive, Lots 52 through 59, inclusive, and Lots 69 through 87, inclusive of Tract No. 5310 according to the map thereof recorded on .TUhr e29 , 2005 in Volume 20, of Plats at Page(s) 8 q f 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 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. 5310 require that until Fire Station No. 15 is completed and operational, certain measures shall be made in order for fire protection services be provided by the City of Fresno Fire Department to 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_ 5310 Page 3 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.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 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, shall be solely responsible for maintaining the fire sprinkler system located in, or on such Statement of Covenants Fire Protection Measures Final Map of Tract No. 5310 Page 4 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. 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 and each of their heirs, representatives, successors and assigns. h Statement of Covenants Fire Protection Measures Final Map of Tract No_ 5310 Page 5 DATED: mac'N e CITY OF FRESNO, COVENANTOR: a Municipal Corporation LENNAR FRE O, Inc. a Califomi oration By: By: Randy R. gruegman, Fire ehief Steve Lutton, Vice President Fire Department (Attach Notary Acknowledgment) APPROVED AS TO FORM: HILDA CANTO-MONTOY City Aft By: Deputy ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA } COUNTY OF Fresno } On April 8, 2005 before me, Tauna Rothermel personally appeared STEVE LUTTON ersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose names) 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), an 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. TAUNA ROTHEFWEL WITNESS my hand and official seal. Commission*1361179 Notary Public-Calttomin Frasno County QMyComrn- F.xpinjs Apr-13,2006 Sign ur (NOTARY SEAL) CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On June 10, 2005, before me, Erika Leyva, 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 -Kt ISC%H — f CITY CLEV�7717 By