HomeMy WebLinkAboutPm 2002-28 - Agreement/Covenant - 3/30/2005 WHEN RECORDED MAIL TO:
OC City Clerk 00��06��9�
ZCityof Fresno `�
2600 Fresno Street 03
V Fresno, CA 93721-3603
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Q NO FEE-Government Code 6103
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IL CITY OF FRESNO
Planning and Development Department
STATEMENT OF COVENANTS FOR RECIPROCAL
EASEMENTS FOR
SHARED FIRE SUPPRESSION WATER SUPPLY SYSTEM
FOR PARCEL MAP NO. 2002-28
Statement of Covenants/Reciprocal Easements for Shared Fire Suppression System
Parcel Map No. 2002-28
Page 2
WHEREAS, Sahrad Kerkochian, Jr. and Bernice Kerkochian, as co-trustees of the
Kerkochian Revocable Trust, dated June 30, 1998, 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 through D, inclusive, of Parcel Map No. 2002-28 according to
the map thereof recorded in Book G _ of Parcel Maps at
Page(s)TT (e , Fresno County Records; 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 lot or
building on the subject property shall be served by its own plumbing system, except as the code
otherwise provides for; and,
WHEREAS, CPC Section 301.2 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 has asked the City to approve a single fire suppression water
supply service connection from the adjacent public water main to serve the fire suppression systems
of two or more lots within the Subject Property simultaneously from private fire suppression water lines;
and,
Statement of Covenants/ Reciprocal Easements for Shared Fire Suppression System
Parcel Map No. 2002-28
Page 3
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,
WHEREAS, the City can approve of the Covenantor's request as an alternate arrangement of
construction, but finds the proposal will involve private fire suppression water lines running across
property boundaries and that it is therefore necessary to set up a covenant under which no owner or
lessee of any of the lots to be served by the private fire suppression water lines may interfere with the
complete and safe operation of the fire suppression systems; and,
WHEREAS, the City and Covenantors hereby declare their intent for this Statement of
Covenants to create a series of reciprocal cross-access easements for the private fire suppression
water lines for fire suppression system purposes.
NOW, THEREFORE, as required by the Municipal Code, and the City of Fresno, and in
consideration of the foregoing, and the issuance by said City of the necessary special and/or building
permits, certificates of occupancy and other approvals in connection with the development, build-out
and use of the Subject Property, Covenantors hereby grant, promise, and agree, as follows:
1. Covenantors, and each of them, hereby grant to, and accept from, each other owners
of the legal lots subdivided by Parcel Map No. 2002-28, reciprocal easements for
private fire suppression water lines over, under,through and across each of the lots as
shown on the attached Exhibit"A". No owner shall interfere,or allow the interference
with,the installation,development and use of the common fire suppression water supply
service connection or the private fire suppression water lines as herein described. The
reciprocal easements shall include all rights of access to enter upon the affected lots
for inspection and maintenance of the fire suppression water lines.
Statement of Covenants/Reciprocal Easements for Shared Fire Suppression System
Parcel Map No. 2002-28
Page 4
2. Covenantors, and each of them, agree to maintain the shared portion of the common
fire suppression water supply service connection and the private fire suppression water
lines according to Fresno Fire Department, Fire Prevention Bureau standards and to
pay the monthly"fire protection service fee."
3. The reciprocal easements created herein shall run with the land and bind and inure to
the benefit of Covenantors' respective heirs, successors and assigns.
4. Owners shall be responsible for the cost of repair and maintenance of the service lines,
regardless of who undertakes the repair and maintenance and regardless of which lots
such repair and maintenance affects.
5. The failure to abide by the terms of this covenant may result in the revocation of the
Certificate of Occupancy for the use of any portion of the affected lots, in addition to
other penalties and remedies available to City.
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 suppression system
anticipated by this Statement of Covenants.
7. Whenever the context hereof 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 land owned by the Covenantors,jointly
and severally binding upon the undersigned and each of their heirs, representatives,
successors and assigns.
Statement of Covenants/Reciprocal Easements for Shared Fire Suppression System
Parcel Map No. 2002-28
Page 5
8. At such time as any lot or portion(s) of the lot is sold, or title transferred and the
transferee's rights may ripen into a fee, the transferor shall reserve or effectuate the
creation of the easements envisioned in this Statement.
9. This Covenant shall be released in part, or in its entirety, and of no further effect upon
recordation of a written determination by the Director of the Planning and Development
Department and the Fire Chief of the City of Fresno that its continued existence and
enforcement are no longer necessary.
Statement of Covenants/Reciprocal Easements for Shared Fire Suppression System
Parcel Map No. 2002-28
Page 6
DATED: /y1 �9G1 CH l y� 2oQS
CITY OF FRESNO, COVENANTOR
a Municipal Corporation Sahrad Kerkochian, Jr. and Bernice
Kerkochian, as Co-Trustees of the
Kerkochian Revocable Trust dated June 30,
By: 1 1998
Nick . Yovino, Director
Plan ng and Development Department
By: n
Sahriff Kerkochian, r. ustee
By:
Randy R. ruegman, Fire Chief
Fire Department
By- evil � a c��hcQiC
Bernice Kerkochian, as Co-Trustee
APPROVED AS TO FORM:
Subdivider's Mailing Address:
HILDA CANTO MONTOY 4950 N. Crystal Ave.
City Attorney Fresno, CA 93705
(Attach Notary Acknowledgments for
By Covenantor)
Deputy
City of Fresno Mailing Address:
Development Department
Planning Division
2600 Fresno Street
Fresno, CA 93721-3604
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California l
County of
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On br 2 2 efore me,O b). C• 1- r1 S, l�otQlZ1 � JL
et Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
personally appeared rLt()(, K�.rK ZI Qn T Q/
Name(s)df Signer(s)
❑personally known to me
'eproved to me on the basis of satisfactory
idence
to be the person(s) whose name(s) is/are
TOM C.BURN3 subscribed to the within instrument and
acknowledged to me that he/she/they executed
Ca�IM4 Cow*- 1410061 the same in his/her/their authorized
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the entity upon behalf of which the person(s)
acted, executed the instrument.
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WIT CESS my hand and ial seal.
Signa ure o olary Public
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:
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Document Date: Number of Pages:
Signer(s)Other Than Named Above:
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Capacity(ies) Claimed by Signer
` Signer's Name: WicMul
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❑ Individual Top of thumb here
❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑General
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
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Signer Is Representing:
®1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-600.676-6627
CLERK'S CERTIFICATION
STATE OF CALIFORNL4 )
COUNTY OF FRESNO )
CITY OF FRESNO )
On March 14, 2005, before me, Erika Leyva, Deputy City Clerk, personally appeared Nick P.
Yovino,Director Planning and Development Department,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 1SCH
CITY CLEk
By
De t
EXHIBIT "A "
FIRE SERVICE L 0 CA TI ON S
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EAST ALLUVIAL AVE.
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PARCEL B I.
PARCEL A
BLDG 2 _ BLDG 1
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4" FIRE SPR. LINE
4" FIRE SPR. LINE
PARCEL C
PARCEL D �_ - 1
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® 8" FIRE SPR. LINE
BLDG 3 BLDG 4
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PREPARED FOR:
THE KERKOCHIAN REVOCABLE TRUST
7443 NORTH MAPLE AVENUE
IIFRESNO, CA 93720
SCALE: 1" = 60' PREPARED BY:
YAMABE & HORN ENGINEERING, INC.
1300 EAST SHAW AVE. SUITE 176
0 30 60 120 FRESNO, CA 93710
PM-2002-28
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on November 2. 2004 , in the office of the Fresno County Recorder
as Document No. 2004-0246882 of which the Deed of Trust in, by and between:
Sahrad Kerkochian Jr.and Bernice Kerkochian as co-trustees of the Kerkochian Revocable Trust
dated June 30. 1998 as Trustor,
United Security Bank. a California Financial Institution , as Trustee,
and United Security Bank , as Beneficiary,
hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing
Statement of Covenants for Reciprocal Easements for Shared Fire Suppression for Water Supply
System for Parcel Map No. 2002-28.
DATED: -\-DL 0
TRUSTEE or BENEFICIARY
Katherine Karst, Vice President
(Trustee/Beneficiary to print/type Name and Title;
and attach Notary Acknowledgment)
s
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
ss.
County of i'yt"Srw
On C.- �1 , o4a)4 before me, ��v i fYl i rCi r C� ,
Data Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
personally appeared -HnCx ^L cifs'r
Name(s)of Signer(s)
,Cpersonally known to me
❑ 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
SOL MIRANDA acknowledged to me that he/she/they executed
Commission#t 1504938 the same in his/her/their authorized
-� Notary RAAlc-Copfomb capacity(ies), and that by his/her/their
Fresno County signature(s)on the instrument the person(s), or
My Comm.Expires Aug 1,2008 the entity upon behalf of which the person(s)
�i acted, executed the instrument.
I
7KSS m hand and official seal.
gnature of Notary Public
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
i
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
I
Capacity(ies) Claimed by Signer
Signer's Name:
I�
❑ •
Individual Top of thumb here
❑ Corporate Officer — Title(s):
❑ Partner— ❑ Limited ❑General
❑ Attorney-in-Fact
❑ Trustee �
111 ❑ Guardian or Conservator
❑ Other:
� 1
Signer Is Representing:
®1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876.8827