HomeMy WebLinkAboutT-5457 - Agreement/Covenant - 5/18/2006 (2) When Recorded Mail To
City Clerk
D City of Fresno
2600 Fresno Street
Fresno, Ca 93721-3603
CD
v 05/09/2006,20060097627
0
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 OF
TRACT NO. 5457, PHASE 4 OF TENTATIVE MAP NO. 5247
4
Statement of Covenants
Fire Protection Measures
Final Map of Tract No. 5457
Page 2
RECITALS
WHEREAS, GRANTLAND AVENUE, 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 66, inclusive of Tract No. 5457 according to the map
thereof recorded on A/I a w , 20Q(�,, in Volume 75
of Plats at Page(s) 60 V fn I 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 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 66 lots of said Final Map
No. 5457 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
t
Statement of Covenants
Fire Protection Measures
Final Map of Tract No. 5457
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
Statement of Covenants
Fire Protection Measures
Final Map of Tract No. 5457
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 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.
Statement of Covenants
Fire Protection Measures
Final Map of Tract No. 5457
Page 5
DATED: PW—Ch 2.3o 2LTe
CITY OF FRESNO, COVENANTOR:
a Municipal Corporation
GRANTLAND AVENUE, LLC,
A California Limited Liability Company
By: Granville Management, Inc.,
A California Corporation,
Its Manager
By: By: `
Randy R. ruegman, Fire CRef Darius Assemi, Vice President
Fire Department
APPROVED AS TO FORM:
JAMES C. SANCHEZ
Interim City Attorney
By: &eA 2 (Attach Notary Acknowledgment)
Deputy
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of,�,,,/t - No
On Mum A3, before me, r p4l"Pl1c.)
Date Name and Title of Office(a .,"Ja Doe,fry Public")
personally appeared ./C/�/�
Name(s)of Signer(s)
i'personally known to me
CHRISTINE S.LINGENfELTER U proved to me on the basis of satisfactory evidence
COMM.#1380834 to be the person(s) whose name(s) is/are subscribed
cs901y
NOTARYPUBLIC-CALIFORNIA �- to the within instrument and acknowledged to me that
FRESNO COUNTY .r he/she/they executed the same in his/her/their
Comm.Expires Oct.20,2006 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.
Place Notary Seal Above
Signature of Neiary Puir 61
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) Ciaimud by Siginer(s)
�eriei � Win( Signet Nat>)(
Individu�',i Iritilvicillt:�
C.cnilr,l�ltc (>tiir r li;k �` �. !,nri�ciaic (.Ni�rt-, liilr l� ;
F'�'liiu-� I n� +trri Cir lit iE,l � i r anitl Inuit :� Cis[ i;,�
191cllu�y n. rnri ,� . � Pt1�mf v i�, f�r1 �
I
' i
�nra��.I r,n:.l N�f„v n.<< i.:<k � .!o t�" �,a,^,�-c ri.Fux 2r[2•[�f al_, .r•n ,, itr n _r'ni Fs < <r.'!� .�t;, � rr f,,
P.W. File No.: 10864
Tract No.: 5457
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded ons&( Lo 05 in the office of the Fresno County Recorder
as Document No. ZUD�- �/33(`)� of which the Deed of Trust in by and between:
�'Y11 rU� I (gra Lla n-JyeYm,,.) "L tL j as Trustor,
Gals /�1► �i�d �lab,�;ty �"�l'
as Trustee,
and Al 'G l rSashi Beneficiary,
hereby express y subordinates said Deed of Trust and its beneficial interest thereto to the foregoing
Statement of Covenants Affecting Land Development Requiring Certain Fire Protection to Be
Provided and Maintained for the Final Map of Tract No. 5457,Phase 4 of Tentative Tract No. 5247.
DATED: MArch 21 �lv
BENEFICIARY
/ � W
Tnama G" Alal'kcrl VICe- flwadalr
us� I� C�pi�alCornP4
(Beneficiary to print/type Name and Title; and Attach
Notary Acknowledgment)
y
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of 7'
On before me, Chrl5� ne S, �;ngeni/ c
Dailg ^�-� Name and Title of officer(e.g'
a Doe,Notary Public')
personally appeared f /Jolw5 W Q /ker
Name(s)of Signer(s)
Ly'personally known to me
❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed
CHRISTINE S.LINGENFELTER to the within instrument and acknowledged to me that
COMM.#1380834 he/she/they executed the same in his/her/their
NOTARY PUBLIC-CALIFORNIA
FRESNO COUNTY authorized capacity(ies), and that by his/her/their
w Comm.Expres Oct 20,2006 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.
Place Notary Seal Above
Sign re oary P
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
-Partner— limited General Partner— Limited General _
Attorneyn ac
iFt 9112glielk 21,Toy of thump Here ! Attorney Irl Fact �
Top
Trustee Trustee
Guardian or Conservator Guardian or Conservator
Other Other:
Signer I�2 Representing: _ Signer Is Representing:
I
2004 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
CLERK'S CERTIFICATION
State of California)
County of Fresno)
On April 20. 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
d
By1�vz,aJ
Deputy