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HomeMy WebLinkAboutT-5458 - Agreement/Covenant - 10/11/2005 (5) When Recorded Mail To City Clerk City of Fresno ®®�j®�•3963� 2600 Fresno Street Fresno, Ca 93721-3603 �® C� W E V NO FEE - Govt. Code 6103 C:) City of Fresno Fire Department STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT REQUIRING FIRE PROTECTION MEASURES TO BE PROVIDED AND MAINTAINED FOR TRACT NO. 5458, Phase 1 OF VESTING TENTATIVE MAP NO. 5248 Statement of Covenants Fire Protection Measures Final Map of Tract No. 5458 Page 2 RECITALS WHEREAS, Sunnyside Project, 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 151, inclusive of Tract No. 5458 according to the ma thereof recorded on 40 c " // , 20 in Volume of Plats at 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 Conditions of Approval of Vesting Tentative Map No. 5458, Phase 1 of Vesting Tentative Map No. 5248, 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 151 lots of said Final Map No. 5458, Phase 1 of Vesting Tentative Map No. 5248 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 Statement of Covenants Fire Protection Measures Final Map of Tract No. 5458 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. 5458 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. * l Statement of Covenants Fire Protection Measures Final Map of Tract No. 5458 Page 5 DATED: a O CITY OF FRESNO, COVENANTOR: a Municipal Corporation Sunnyside Project, LLC, a California Limited Liability Com, gI�0., c�ihe�17(- r By: Granville Henie§-, Inc., a California Corporation, Its Manager. By: � . a3 By. Randy R. Bruegman, Fi Chief Darius Assemi, rl r&-t V. 1 Fire Department APPROVED AS TO FORM: HILDA CANTO-MONTOY City Att y By: (Attach Notary Acknowledgment) Deputy CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California r ss. County of _D On before me, Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared ✓`I Vf> Aaseeli Name(s)of Signer(s) Vpersonally known to me El proved to me on the basis of satisfactory evidence MCH:FMSTINE S.LINGENFELTER to be the person(s) whose name(s) is/are subscribed M.#1380834 to the within instrument and acknowledged to me that 4 0C1AocnuY he/she/they executed. the same in his/her/their SNO COUNTYxp.OCT.20 2006] 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 signatur f Nota ublic 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 ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact To of thumb here ❑ Attorney in Fact Top Top of thumb here ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©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 „1y Tract No. 5458 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on 1 in the office of the Fresno County Recorder as Document No. of which the Deed of Trust in by and between: Pro llr-+.' as Trustor, ` AI rk-j as Trustee, and as Beneficiary, hereby expressly 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. 5458, Phase 1 of Vesting Tentative Map NoR`5248. DATED: jS? t 2421 ��r� BENEFICIARY By: -a �• ala 1[4; By: V, ODUG1 fW, 44-) (Beneficiary to print/type Name and Title; and Attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California r County of t'r'2 �'Lz� ss. On 5.enkeeT6622w, before me, 1(5 lhC4 rDA&M � C Date Name and Title of Officer(at.,"Jane Doe,Notary Public") personally appeared 7 t5 r', . lker N me(s)of Sign r(s) ❑ personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed CRISTINAG.LOIFEz to the within instrument and acknowledged to me that Commission# 1552075 he/she/they executed the same in his/her/their .-. Notary Public-California authorized capacity(ies), and that by his/her/their Fresno County My Comm.Expires Feb 12,2009 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 Notary Publi 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 -•- ❑ Partner—❑ Limited ❑ GeneralHNW. - ❑ Attorneyin Fact ' Top of thumb here ❑ Attorney in Fact Top of thumb here ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0 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 CALIFORNL4 ) CO UNTY OF FRESNO ) CITY OF FRESNO ) On September 27, 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. KL ISCH, CMC CITY CLERK Y Deputy ., .rsepte bu-2T 2005(12:02pm)