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HomeMy WebLinkAboutT-5395 - Agreement/Covenant - 9/26/2005 (5) When Recorded Mail To City Clerk City of Fresno W 2600 Fresno Street Fresno, Ca 93721-3603 �g12312��5,Z0050ZZ4529 a.. a 0 0 LL. U Z NO FEE -Govt. Code 6103 City of Fresno Fire Department STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT REQUIRING CERTAIN FIRE PROTECTION TO BE PROVIDED AND MAINTAINED FOR THE FINAL MAP OF TRACT NO. 5395, PHASE 2 OF TENTATIVE MAP NO. 5247 LN Statement of Covenants Fire Sprinkler Systems Final Map of Tract No. 5395 Page 2 RECITALS WHEREAS, La Terraza Partners, 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 through 52, inclusive of Tract No. 5395 according to the map thereof recorded on S 23, 200,5 in Volume 7_ of Plats at Page(s) d- 60 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. 5247 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 52 lots of said Final Map No. 5395 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 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. Statement of Covenants Fire Sprinkler Systems Final Map of Tract No. 5395 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 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 herein above), and each of their heirs, representatives, successors and assigns. - c Statement of Covenants Fire Sprinkler Systems Final Map of Tract No. 5395 Page 4 DATED: Ai CITY OF FRESNO, COVENANTOR a Municipal Corporation La Terraza Partners, LLC. a California Limited Liability Company By: Generation Homes, Inc. a California Corporatio , its Mana r By: By: Robert ood, President Randy R Bruegman, Fire ief, Fire Department (Attach Notary Acknowledgment) APPROVED AS TO FORM: HILDA CANTO-MONTOY City At �ney By: Deputy CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California y ss. Count of On before me, Qny C���t�� � �\� Date Name and TWA of fficer(e.g.,"Jane Doe, otary Public") personally appeared �Q C ,�a \&Q K)A , Name(s)of Signer(s) >personally known to me ❑ proved to me on the basis of satisfactory evidence O0 1�IAF► to be the person(s) whose name(s) is/are Ston I a64= subscribed to the within instrument and CaNt0"ft acknowledged to me that he/she/they executed Rem the same in his/her/their authorized my comm. b, 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 of Notaty Pu I 1 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 Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer---Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©1999 National Nofary�Association•9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402•www.NationalNotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On September 7,2005,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 C/TY CLERK }3 y Deputy '.September;2005(2:44pm) r 1