HomeMy WebLinkAboutT-5352 - Agreement/Covenant - 10/18/2006 (3) When Recorded Mail To
City Clerk
City of Fresno
2600 Fresno Street
Fresno, Ca 93721-3603
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10/11/2006,20060217148
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U NO FEE -Govt. Code 6103
CITY of FRESNO
Fire Department
STATEMENT OF COVENANTS AFFECTING LAND
DEVELOPMENT REQUIRING FIRE PROTECTION
MEASURES TO BE PROVIDED AND MAINTAINED FOR
FINAL MAP TRACT NO. 5352,
PHASE 1 OF TENTATIVE MAP NO. 5352
Statement of Covenants
Fire Protection Measures
Final Map of Tract No. 5352
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 109, inclusive of Tract No. 5352 according to the map
thereof recorded on &Inll er 41 , 20d-6 in Volume 7—
of Plats at Page(s) .SCI Ar-u 6a , 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. 5352 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 lots of said Final Map
No.5352 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
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II
Statement of Covenants
Fire Protection Measures
Final Map of Tract No. 5352
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, shall be solely responsible for
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Statement of Covenants
Fire Protection Measures
Final Map of Tract No. 5352
Page 4
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 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
(except as provided in Section 2a herein above), and each of their heirs, representatives,
successors and assigns.
Statement of Covenants
Fire Protection Measures
Final Map of Tract No. 5352
Page 5
DATED:
CITY OF FRESNO, COVENANTOR:
a Municipal Corporation
Centex Homes, a Nevada General Partnership
BY: Centex Real Estate Corporation,
a Nevada Corporation, as Managing General Partner
By: By:
Randy R. 15fuegman, Fire ief Scott Travis, Division Controller
Fire Department Central Valley Division
APPROVED AS TO FORM:
JAMES C. SANCHEZ
City Attorney
(Attach Notary Acknowledgment)
By: 99
------''_-
Depu
STATE OF CALIFORNIA )
ss.
COUNTY OF TULARE )
On May 24, 2006, before me, V C Patton,Notary Public,
Personally appeared Scott Travis
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.
Signature V/� �Q� K C.
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CLERK'S CERTIFICATION
State of California)
County of Fresno)
On June 15, 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
By -�N'ia-J
Deputy