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HomeMy WebLinkAboutT-5564 - Agreement/Covenant - 5/15/2008 (2) When Recorded Mail To City Clerk City of Fresno 2600 Fresno Street Fresno, Ca 93721-3603 0 05115/2008,20080070885 � � NO FEE - Govt. Code 6103 � C'J Z CITY of FRESNO UFire Department STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT REQUIRING FIRE PROTECTION MEASURES TO BE PROVIDED AND MAINTAINED WITHIN THE FINAL MAP OF TRACT NO. 5564 Statement of Covenants Fire Protection Measures Final Map of Tract No. 5564 Page 2 RECITALS WHEREAS, GEORGE R. GODDARD, a Widower, 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 6, inclusive, of Tract No. 5564 according to the map thereof recorded on NLS—,! 20 in Volume of Plats, at Page(s) 6j f 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 Fresno City Fire Department has determined that the single access to the Subject Property at the culdesac end of a 1,000 feet long street(East Powers Avenue) from North Maple Avenue is not acceptable and not correctable; 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. 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 1 Statement of Covenants Fire Protection Measures Final Map of Tract No. 5564 Page 3 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 construct each structure on the Subject Property with a fire sprinkler system of appropriate design with alarm supervision forthe particular structure acceptable to the Fresno City Fire Department. A minimum 1-1/2 inch water service shall be provided for such system. 2.b. Covenantor agrees to maintain such fire sprinkler system and alarm supervision 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 maintaining the fire sprinkler system and alarm supervision 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 alarm supervision and shall be made pursuant to permits issued by the City of Fresno 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. In the event that litigation is instituted to enforce or interpret any provision of this Statement, the parties agree that the prevailing party shall be paid reasonable attorney's fees, costs and litigation expenses. Statement of Covenants Fire Protection Measures Final Map of Traci: No. 5564 Page 4 5. 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 and each of their heirs, representatives, successors and assigns. w Statement of Covenants Fire Protection Measures Final Map of Tract No. 5564 Page 5 DATED: D CITY OF FRESNO, COVENANTOR: a Municipal Corporation George R. Goddard, a Widower Fire Department By: It 2 By• Randy R. eruegman, Fire of George R. Goddard APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney By: John W. Fox, Deputy City Attorney Date: "t / 174 2,.!K (Attach Notary Acknowledgment) r CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of CA ) County of 94o ) On 63 •31•p� before me, _7)0,die& Por-kir . Q Nosar� d�i c (Notary Public Name) personally appearedr-�&IlrneecnC666rd who proved to me on the basis of satisfa tory evidence to be the person(s}-whose name(ft) is/atesubscribed to the within instrument and acknowledged to me that he/sheftfTey executed the same in his/herfthrir authorized capacity( -and that by his/her.4keir signatures(4on the instrument the person(4 or the entity upon behalf of which the person(s-)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. DANIELLE PORTER ESS y han d official seal Commission# 1615503 ZQ� my Notary Public-California MaderoCounty Comm.Expires Oct 22,2009 Signature of Notary Public e INSTRUCTIONS FOR COMPLETING THIS FORM DESCRIPTION OF THE ATTACHED LAny acknowledgment completed in California must contain verbiage exactly as sbQ _ DOCU N appears above in the notary section or a separate acknowledgment form must be hrI'k 01 Gwbfq-s properly completed and attached to that document. The only exception is if a (Title or description of attached document) document is to be recorded outside of California. In such instances, any fl Arigkr on 0/IISLICS alternative acknowledgment verbiage as may be printed on such a document so (Title or description of attached document continued) long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Number of Pages S Document Date Please check the document carefully for proper notarial wording and attach this form if required. ■ State and County information must be the State and County where the (Additional Information) document signer(s) personally appeared before the notary public for acknowledgement. ■ Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. ■The notary public must print his or her name as it appears within his or her CAPACITY CLAIMED BY THE SIGNER commission followed by a comma and then your title(notary public). ■ Print the name(s) of document signer(s) who personally appear at the time of ❑ Individual(s) notarization. ■ Indicate the correct singular or plural forms by crossing off incorrect forms or ❑ Corporate Officer circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. (Title) ■ The notary seal impression must be clear and photographically reproducible. ❑ Partner(s) Impression must not cover text or lines. If seal impression smudges,re-seal if a ❑ Attorney-In-Fact sufficient area permits,otherwise complete a different acknowledgment form. ❑ Trustee(s) • Signature of the notary public must match the signature on file with the office ❑ Other of the county clerk. ❖ Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. ❖ Indicated title or type of attached document,number of pages and date. ❖ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title. ■ Securely attach this document to the signed document CLERK'S CERTIFICATION State of California ) County of Fresno ) On April 30, 2008, before me, Elvia Sommerville, Deputy City Clerk, City of Fresno, personally appeared, Randy R. Bruegman, Fire Chief, who 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) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. REBECCA E. KLISCH, CMC City Clerk, City of Fresno By Deputy