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Home My WebLink AboutPM 2002-19 - Agreement/Covenant - 6/9/2006 (2) 10 WHEN RECORDED MAIL TO: IIII III III I IIIIIIIIIIII�IIIIIIIIIIII IIII I IN I III FRESNO County Recorder Robert C, Werner City Clerk DOC— 2004-0193126 City of Fresno Acct 1-Financial Title Company (C) 2600 Fresno Street Monday, AUG 30, 2004 08:00:00 Fresno, CA 93721-3603 Tt 1 Pd $0.00 Nbr-0001581420 rgr/R7/2-10 NO FEE- Government Code 6103 CITY OF FRESNO Planning and Development Department P.W. File No. 5494-2002-19 APN: 311-320-66 STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT CREATING RECIPROCAL EASEMENTS FOR A SHARED FIRE SUPPRESSION SYSTEM FOR PARCELS WAND 'B' OF PARCEL MAP 2002-19 Statement of Covenants Affecting Land.Development ` Reciprocal Easements for Shared Fire Suppression System Parcel Map 2002-19, Parcels A & B Page 2 WHEREAS, M. L. STREET PROPERTIES, a Joint Venture, hereinafter referred to as the "Covenantor," is the owner of that certain real property in the City of Fresno, County of Fresno, State of California, hereinafter referred to as the "Subject Property" and more particularly described as Parcels A and B, inclusive, of Parcel Map No. 2002-19 according to the map thereof recorded in Book _ of Parcel Maps at Page(s) 3 Fresno County Records; and, WHEREAS, 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 a part of this instrument; and, WHEREAS, the Fresno Municipal Code (FMC), by its incorporation of the 1998 California Plumbing Code ("CPC') and the provisions of Section 14-106 provides generally that each parcel or building on the Subject Property shall be served by its own plumbing system, except as such codes otherwise provide for; and, WHEREAS, Covenantor has developed the Subject Property with a single fire suppression system to serve the buildings, structures and other improvements pursuant to the approved Site Plan Review No.2002-110 dated August 20,2002, hereinafter referred to as the"Project'and incorporated into this Statement by this reference; and, WHEREAS, the City Fire Chief and the City Building Official recognize that the purpose of the codes and City Fire Department, Fire Prevention Bureau standards is to provide adequate pressure and capacity for fire suppression systems and maintain control for inspection, safety and maintenance; and, Statement of Covenants Affecting Land Development Q Reciprocal Easements for Shared Fire Suppression System Parcel Map 2002-19, Parcels A & B Page 3 WHEREAS, the City of Fresno is unable to find that Parcel Map 2002-19 is in substantial compliance with the approved Tentative Map for Parcel Map 2002-19 ("Tentative Map") unless Covenantor provides assurances that the single fire suppression system will be maintained in accordance with the conditions of approval for the Project, the Tentative Map, the California Building Standards Code and the Fresno Municipal Code; and, WHEREAS, CPC Section 301.2 and Section 103.1.2 of the 2001 California Fire Code provides for the use of alternate materials and methods of construction, including alternate construction arrangements, provided the alternate arrangement is first approved, the City first finds that the design is satisfactory and that the arrangement offered is, for the purpose intended, at least the equivalent of that prescribed in the codes in performance, safety, and the protection of life and health; and, WHEREAS, the Covenantor and the City desire to enter into an agreement providing for reciprocal cross-access easements and the maintenance of the fire service connection,fire alarm and the fire suppression system as designed for the Project over each parcel of the Subject Property to satisfy the conditions of approval of the Tentative Map and for the City to approve and file Parcel Map No. 2002-19 for recording, COVENANTS, CONDITIONS AND RESTRICTIONS The 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 enhancing attractiveness, usefulness, value, and desirability of the Subject Property, the surrounding property, and the public at large and to minimize possible adverse effects on the public health, safety, peace, and Statement bf Covenants Affecting Land Development r Reciprocal Easements for Shared Fire.Suppression System Parcel Map 2002-19, Parcels A & B Page 4 general welfare. 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 or her heirs, successors, and assigns. 1. Covenantors, and each of them, hereby grant to and accept from, each owner of the parcels of the Subject Property, reciprocal easements for the fire service connection from the adjacent public water main, the fire alarm and the fire suppression system over, under, through and across each of the buildings, structures and parcels of the Subject Property. The reciprocal easements shall include all rights of access to enter upon the affected parcels for inspection and maintenance of the fire service connection, fire alarm and the fire suppression system. 2. Covenantors, and each of them, agree to not interfere, or allow the interference with, the installation, maintenance and use of the fire service connection, fire alarm and the fire suppression system. 3. . Covenantors, and each of them, agree to maintain the fire service connection, fire alarm and the fire suppression system according to Fresno Fire Department, Fire Prevention Bureau standards and to pay the monthly "fire protection service fee." Covenantors shall be responsible for the cost of repair and maintenance of the service lines, fire alarm and fire suppression system regardless of who undertakes the repair and maintenance and regardless of which parcels such repair and maintenance affects. 4. At such time Covenantor or subsequent owner sells or transfers any parcel of the Subject Property, the owner shall disclose this Statement to the buyer and reserve and except from the deed for the parcel, the terms of this Statement. 5. The conditions of this Statement are intended to benefit the public and public properties as well as properties appurtenant. Failure to comply with the terms of this Statement may result in the revocation of the Certificate of Occupancy or Special Permit by the City for use of Statement of Covenants Affecting Land Development Reciprocal Easements for Shared Fire Suppression System Parcel Map 2002-19, Parcels A & B Page 5 any parcel of the Subject Property involved. Accordingly, the City of Fresno shall have the right to enforce this Statement by any legal or equitable means. 6. Covenantors shall defend and indemnify the City against, and hold the City harmless from, all claims arising from the development and use of the fire service connection, fire alarm and fire suppression system anticipated by this Statement of Covenants. 7. The conditions and obligations of this Statement shall remain in full force and effect until such time as the Planning and Development Director and the Fire Chief of the City of Fresno issue a written release of such conditions and obligations and records such release with the Fresno County Recorder. 8. The provisions of this Statement shall be deemed independent and severable and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision hereof. Whenever the context of the statement so requires, in interpreting this Statement, any gender includes the other genders, the singular includes the plural, and the plural includes the singular. Statement bf Covenants Affecting Land Development Reciprocal Easements for Shared Fire Suppression System Parcel Map 2002-19, Parcels A & B Page 6 DATED: CITY OF FRESNO, COVENANTOR a Municipal Corporation M.L. STREET PROPERTIES, A Joint Venture By: Central City Development, LLC a California Limited Liability Company By: It's Joint Venture Partner Y ino, Director Plann g and Development Department By: � Thomas G. Richards, Managing Member RANDY R. BRUEGMAN Fire Chief By: 7 (Attach Notary Acknowledgments) APPROVED AS TO FORM: HILDA CANTO-MONTOY CityA or ey By: Deputy CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Fresno On June 7, 2004, before me, Leta M. Ciavaplia, NotaKy Public , DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" Personally appeared THOMAS G. MCHARDS NAME(S)OF SIGNER(S) 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 the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their ZETA M. CIAVAGLIA signature(s) on the instrument the person(s), Comm.M 1305448 to or the entity upon behalf of which the NOTARY PUBLfesna C-CALouflty OANIA =' person(s)acted,executed the instrument. Fresno County My Comm.Expires June 20,2005 � •w'•+� WITNESS my hand and official seal. ure of Notary OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR 41 OF DOCUMENT Title(s) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR DATE OF DOCUMENT ❑ OTHER: SIGNER( THE AN NAMED ABOVE SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) Parcel Map No. 2002-19 P. W. File No. 5494 -2002-19 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on February 20, 2003 as Document/Instrument No. 20030040873, in the office of the Fresno County Recorder of which the Deed of Trust in, by and between TRUSTOR: M.L. Street Properties, a Joint Venture and TRUSTEE: Financial Title Company and BENEFICIARY: California Bank & Trust, a California Banking Corporation hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development Creating Reciprocal Easements for a Shared Fire Suppression System for Parcels 'A' and 'B' of Parcel Map No. 2002-19. DATED: Zo4 TRUSTEE or BENEFICIARY Y. By: (Trustee/Beneficiary to type/print Names and Titles; attach Notary Acknowledgments) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Fresno On June 7, 2004,`before me, Leta M. Ciavaglia, Notary Public , DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" Personally appeared WILLIAM T. KEENER NAME(S)OF SIGNER(S) Pf 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 the within instrument and ac- knowledged 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 LETA M. CIAVAGLIA person(s)acted, executed the instrument. N Comm.A 1305448 NOTARY PUBLIC-CALIFORNIA Fresno County WITNESS my hand and official seal. ya My Comm.Expires June 10,1005 Si at re of Notary OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OPhYPE OF DOCUMENT Title(s) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR DATE OF DOCUMENT ❑ OTHER: GNER(S)�O R THPNAME ABOVE SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO CITY OF FRESNO On August 3, 2004, before me, Elvia Sommerville, Deputy City Clerk, personally appeared, Nick P. Yovino, Planning and Development Director, 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/SCH, CMC CITY CLERK By�, �U a l�rLl�w C Deputy August 3,2004(3:14pm)