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
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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