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Home My WebLink AboutT-5340 - Agreement/Covenant - 8/31/2006 (2) When Recorded Mail To City Clerk p City of Fresno �- 2600 Fresno Street Z Fresno, Ca 93721-3603 O v 0813012006,2006018251 W to W NO FEE - Govt. Code 6103 J CL CITY of FRESNO Fire Department STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR FIRE SPRINKLER MAINTENANCE FOR FINAL MAP OF TRACT NO. 5340 Statement of Covenants Fire Sprinkler Systems Final Map of Tract No. 5340 Page 2 RECITALS WHEREAS, STOCKBRIDGE VENTURES 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 1-8, and 19-21, inclusive f Tract No. 5340 according to the map thereof recorded on --3n , 20� in Volume of Plats Page(s) , 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. 5340 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 East Powers 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 Statement of Covenants Fire Sprinkler Systems Final Map of Tract No. 5340 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; and WHEREAS, the Covenantor and the City desire to enter into an agreement providing for the installation and maintenance of such fire sprinkler systems. 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 shall maintain the fire sprinkler system in working condition at all times. Notwithstanding the immediately preceding sentence, upon the sale of any of the above referenced Lots within the Subject Property 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. Statement of Covenants Fire Sprinkler Systems Final Map of Tract No. 5340 Page 4 b. 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 (except as provided in Section 2a hereinabove), and each of their heirs, representatives, successors and assigns. // // // // // Statement of Covenants Fire Sprinkler Systems Final Map of Tract No. 5340 Page 5 DATED: v 8 Z 2 0 CITY OF FRESNO, COVENANTOR a Municipal Corporation STOCKBRIDGE VENTURES 11, LLC. A California Li ' Liability Company City of Fresno Fire Department By: �� By: Randy Bruegma ire Chief Guy St ger . Fire Department APPROVED AS TO FORM: JAMES E. SANCHEZ City Attorney By: ) (Attach Notary Acknowledgment) Deputy CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Fresno On August 14, 2006 before me, Eve L. Contreras, Notary Public, personally appeared Guy Stockbridge personally known to me EVE L CONTRERAS ❑ proved to me on the basis of satisfactory evidence Commission# 1481595 Ir Notary Public-Colltomia Fresno County to be the person whose name is subscribed QMY Comm.Expires Apr 9,2008 to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS, my hand and official seal. 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: Statement of Covenants for Tract 5340 Document Date: August 14, 2006 Signer(s)Other Than Named Above: Randy R. Bruegman, Fire Chief Capacity(ies)Claimed by Signer Signer's Name: Guy Stockbridge ❑ Individual Corporate Officer-Title(s): Manager ❑ Partner-0 Limited 0 General ❑Attorney-in-Fact ❑Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Stockbridge Venture I1, LLC r a � i SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on FEBRUARY 22, 2006 in the office of the Fresno County Recorder as Document No. 2006-0037447 of which the Deed of Trust in by and between: STOCKBRIDGE VENTURE I I, LLC as Trustor, UNITED SECURITY BANK as Trustee, and UNITED SECURITY BANK as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development Required to be Constructed and Maintained ' with Fire Sprinkler Systems for the Final Map of Tract No. 5340. DATED: JULY 12; 2006 BEN CLARY l WILLIAM T KEENER, :VICE PRESIDENT ..& R/_E CONSTRUCTION MANAGER -_ (Provide name and title of signature and Attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ��'.ctzc-t�.ccct�cY,crc�'t'�'��'�'�:4Y4��.4�e��4�4r4 �'�•."<- �--,4_"t.4'_'4'�'�:r4'r:��'�5.'�'��'�2s�'Sr�'�4�'�s'�'�� State of California ss. County of -Fr-esno //��"" On Sl t. 1 jZ CX.* before me, CaA. DI mLgjn& ak�rA QAbIt IL Date Name and Title of Officer(e.g.,"Jane Doe,Nk#y Public') personally appeared William -F Keer, Name(s)of Signer(s) Ylersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed CAROL Ml: DA to the within instrument and acknowledged to me that QMyCommission#1504938 he/she/they executed the same in his/her/their Notary Public-California authorized capacity(ies), and that by his/her/their Fresno County signature(s) on the instrument the person(s), or the Comm.Expires Aug 1,2008 entity upon behalf of which the person(s) acted, executed the instrument. WIT E S my d and official seal. Place Notary Seal Above Sig7fature 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) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General imenk fill ❑ Partner—❑ Limited ❑ General iffivi ❑ Attorneyin Fact ❑ Attorney in Fact Top of thumb here y Top of thumb here ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on FEBRUARY 22, 2006 , in the office of the Fresno County Recorder as Document No. 2006-0037448 of which the Deed of Trust in by and between: STOCKBRIDGE VENTURE II, LLC as Trustor, FINANCIAL TITLE COMPANY, A CALIFORNIA CORPORATION , as Trustee, and JAMES EDWARD POPLIN AND DEBRA LYNN POPLIN, HUSBAND AND WIFE AS , as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development Required to be Constructed and Maintained with Fire Sprinkler Systems for the Final Map of Tract No. 5340. DATED: BENEFICIARY 1 f (Provide name and title of signature and Attach Notary Acknowledgment) STATE OF OREGON, ` ss. County of------cmuOlx1---------------------------- On------- a�O tQ_-_____,before me personally appearedX3C_�__ ---- ------ --- d rt --- -- --------------------------------------------- whose identity was-es --------------------- to my satisfaction, and who executed the foregoing instrument, acknowledging to me that the same was executed freely and voluntarily. IN TESTIMONY WHEREOF, I have hereunto set my han and affix my officialon date first written above. - -- - ---- -- ----------- - --------------- OFFICIALSEAL Notary Public for Oregon l QQ DAMN E BALLEW My commission expires ----_ U rJ_11�4_ ______________________ NOTARY Pl3$L1C-OREGON CONit,119SION NO. 380128 MY C('a".`�l5`ii�"I EXPIRES P1AY7.2008 FORM No.23-ACKNOWLEDGMENT,INDIVIDUAL. EB COPYRIGHT 2001 STEVENS-NESS LAW PUBLISHING CO PORTLAND,OR 97206 CLERK'S CERTIFICATION State of California) County of Fresno) On August 24. 2006, before me, Elvia Sommerville, Deputy City Clerk, personally appeared, Randy R. Bruegman, Fire Chief, 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 be 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. REBECCA E. KLISCH CITY CLERK, CMC a o By Deputy