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HomeMy WebLinkAboutPM 2003-14 - Agreement/Covenant - 8/23/2006 (3) When Recorded Mail to: City Clerk 0812312006,20060116240 City Of Fresno W 2600 Fresno Street M :�._ Fresno,CA 93721-3603 Ck:: CX- C) p ILI. V Z V NO FEE—GOVERNMENT CODE 6103 CITY OF FRESNO SPACE ABOVE FOR RECORDER'S USE Planning and Development Department P.W.File No.5494-2003-14 STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR RECIPROCAL EASEMENTS AND MAINTENANCE OF SHARED FIRE SUPPRESSION WATER SUPPLY SYSTEM FOR PARCEL MAP NO. 2003-14 Statement of Covenants Reciprocal Easements and Maintenance of Shared Fire Suppression System Parcel Map 2003-14 Page 2 WHEREAS, Don Pickett & Associates, Inc., a California Corporation, hereinafter referred to as the "Covenantor," is the owner of that certain real property in the City of Fresno (the "City"), County of Fresno, State of California, hereinafter referred to as the "Subject Property" and more particularly described as: Parcel Map No. 2003-14 recorded in Book�of Parcel Maps at Page (s)#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 parcel 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 parcels within the Subject Property simultaneously from private fire suppression water lines; and Statement of Covenants Reciprocal Easements and Maintenance of Shared Fire Suppression System Parcel Map 2003-14 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 parcels 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 Covenantor 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 parcels subdivided by Parcel Map No. 2003-14, reciprocal easements for private fire suppression water lines over, under, through and across each of the parcels as Statement of Covenants Reciprocal Easements and Maintenance of Shared Fire Suppression System Parcel Map 2003-14 Page 4 shown on the attached Exhibits "A" and "B". 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 suppression water lines as herein described. The reciprocal easements shall include all rights of access to enter upon the affected parcels for inspection and maintenance of the fire suppression water lines. 2. Covenantor, 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 Covenantor's respective heirs, administrators, 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 parcels 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 parcels, in addition to other penalties and remedies available to City. Statement of Covenants Reciprocal Easements and Maintenance of Shared Fire Suppression System Parcel Map 2003-14 Page 5 6. Covenantor 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 Covenantor, jointly and severally binding upon the undersigned and each of their heirs, representative, successor's and assigns. 8. At such time as any parcel or portion(s) of the parcel 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. 10. The conditions of the Statement of Covenants may not be amended or otherwise altered without express written approval of the City of Fresno, pursuant to the Fresno Municipal Code. Statement of Covenants Reciprocal Easements and Maintenance of Shared Fire Suppression System Parcel Map 2003-14 Page 6 DATED: 09'/'04/0 COVENANTOR CITY OF FRESNO, Don Pickett &Associates, Inc. A Municipal Corporation A Califor ' orporati By: By —6 o 6 kvino, Director Donald . Pickett, President Plan ng and Development Dep ment By: Randy W Bruegman, Fi Chief FIRE DEPARTMENT APPROVED AS TO FORM: James C. Sanchez Cit Attor y B eputy (Attach Notary Acknowledgments) STATE OF California COUNTY OF Fresno On July 6, 2006 before me, C. Zuniga, Notary Public (Name of Notary Public) personally appeared Donald V. Pickett personally known to meto be the person() whose name(s�is/4fVsubscribed to the within instrument and acknowledged to me that he/j*/tAjjexecuted the same in his/hVrMoir authorized capacityVeA), and that by his/Vqth(VQ(r signature(s6 on the instrument the person(A), or the entity upon behalf of which the personfs) acted, executed the instrument. WITNESS my hand and official seal. C. ZUNIGA COMM. #1465582 —' NOTARYPUBLIC-CALIFORNIA `. (Signat a of Nota PUb C) _• FRESNO COUNTY �FapHMy Comm.Expires Jan.27,2008 (This area for notarial seal) (notary)(07-02) "EXHIBIT A " P.M. 2003-14 CROSS PARCEL FIRE SPRINKLER SERVICE EASEMENT —EAST CARMEN AVENUE i i © i i © a o .1 110'TYP. i20'TYP. QI d © VI mi Z I © ® ECJ ® I r 06/1 East Home Avenue _- 0 G NOTES 1. ALL FIRE WATER SERVICE EASEMENTS ARE 10'x20' PWARM Br ON EACH LOT UNLESS NOTED OTHERWISE. JAW(57 Don Pickett&Associates, /nc. 2. LOCATION AS INDICATED BY THE SHADED AREA. 395 N.PalmMzWs,Suite>O>Fiesno,CA937f"739 59)431-3535Lk..No.541612 3. EASEMENTS ARE TO BE PERPENDICULAR TO ADJACENT PROPERTY LINES AS INDICATED. "EXHIBIT B" P.M. 2003-14 CROSS PARCEL FIRE SPRINKLER SERVICE EASEMENT — — EAST CARMEN AVENUE I I I I Cx--1 I Ems] E ED 10'TYP. Qi I I cm 20'TYP. oI ZI 31 'I Q, © �I _East Home Avenue) y 0 s II I I Q I O D I I ® I I NOTES 1. ALL FIRE WATER SERVICE EASEMENTS ARE 10'x20' PW'W BY ON EACH LOT UNLESS NOTED OTHERWISE. Don Pickett&Associates, 117C. 2. LOCATION AS INDICATED BY THE SHADED AREA. Alw(7 S95N.Pe/m B/uft,,Suite101 Fiesw,CA 9S7»-5759 0)4Sf-3W5LktNo.541612 3. EASEMENTS ARE TO BE PERPENDICULAR TO ADJACENT PROPERTY LINES AS INDICATED. CLERK'S CERTIFICATION State of California) County of Fresno) On August 10. 2006, before me, Elvia Sommerville, Deputy City Clerk, personally appeared, Nick P. Yovino. Planning and Development Director and Randy R. Bruegman, Fire Chief, 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 be 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), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. REBECCA E. KLISCH CITY CLERK, CMC a By Deputy