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Home My WebLink AboutPM 2004-23 - Agreement/Covenant - 9/9/2005 p? WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 0910811��5,1��5�Z�9589 NO FEE- Government Code 6103 CITY OF FRESNO OPlanning and Development Department U. Z O W a W J a STATEMENT OF COVENANTS FOR RECIPROCAL EASEMENTS FOR SHARED FIRE SUPPRESSION WATER SUPPLY SYSTEM FOR PARCEL MAP NO. 2004-23 Statement of Covenants/Reciprocal Easements for Shared Fire Suppression System Parcel Map No. 2004-23 Page 2 WHEREAS,MERIDIAN HERNDON LLC,a California Limited Liability Company,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 E, inclusive, of Parcel Map No. 2004-23 according to the map thereof recorded in Book 6-57 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 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, � q F Statement of Covenants/Reciprocal Easements for Shared Fire Suppression System Parcel Map No. 2004-23 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. 2004-23, 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. 2004-23 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. 2004-23 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. 2004-23 Page 6 DATED: &C-USr 2S, ZOOS CITY OF FRESNO, COVENANTOR a Municipal Corporation MERIDIAN HERNDON LLC, a California Limited LiabilityCompany p Y By: Nick P. ovino, Director By: William I, president\CEO Plann g and Development Department A By: Randy R. Bruegman, Fire Chief Fire Department APPROVED AS TO FORM: HILDA CANTO MONTOY City Attorney (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 ss. County of On before me, e�► S Date Name andTitleof Officer(e.g.,"Jane Doe,Notary Public") personally appeared ��\ Name(s)of Signer(s) IPersonally known to me proved to me on the basis of satisfactory evidence . MEUSSA DE LA CRUZ to be the persono whose name(e)• is/a;o- Co11mbdon 81417735 subscribed to the within instrument -and .� Notary Public•Cal(fortNo Alameda County acknowledged to me that he/sEielieq executed My Comm.EjIresMay13,2007 the same in his/UeOtheix authorized capacity(ies), and that by his/4eN#4ieir signature(4) on the instrument the person(s), or the entity upon behalf of which the personal acted, executed the instrument. WI NESS my hand and official se Signature of Notary Public OPTIONAL I 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: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: V Lei UNWIR=1 19 19 ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 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 1-800-876-6827 41 CLERK'S CERTIFICATION STATE OF CALIFORNL4 ) COUNTY OF FRESNO ) CITY OF FRESNO ) On August 25, 2005, 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 ISCH, CMC CITY CLERK.1,,k-'� Bf ~, Y Deputyg-sE zs,-,20 s54:37pm) PM-2004-23 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on July 28 , 2004 1 , in the office of the Fresno County Recorder as Document No. 2004-0164508 of which the Deed of Trust in, by and between: M ri di an Hprncipn T,r,C as Trustor, Greater Ray Rank N.A. as Trustee, Bank NA. and Cuiprtinn National Rank. part of rrefer RaV asbenelicrary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Declaration of Restrictions (CC&Rs) for Parcel Map No. 2004-23. Dated: �S�T CUPERTINO NATIONAL BANK Part of Greater Bay Bank N BENEFICIARY 8y: Its: ,v��Q i 'A&4d Dt,Arl' STATE OF CALIFORNI ) )ss- COUN,OFCa1i4rqCk ) e O� CC Ontjbe re m , �1 personally appear ,personally known to me.(e;prwQ4. t to be the person(s)whose name(s)is/are subscribed to the.within instrument and acknowledged to me that helshe/they executed the same in his/ authorized capacity(ies),and that by hislherhheir 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. �r�rY Signature SERA WADES CorrV*OM# 1592484 noon►AMC •Cawoma fanw Coro Coj* canr>n. Ad a, [c:\wpdoca\forma\SUBORDIN.A(3MI (7/13/5] LExhlbiFA" DED _ .ri FD.3/4"IRON P/PC, PARGE Jac ILLEcieLc ON to JDco�o2 2 F,G• 65 PERRI 60DK �YpA 6, 6 AGE bI NW CORNER 3/4"IRON PIPE TAC I OF LOT O ALECIBLr ON 6" - ...•O769'RI -FD.CU75 ON SIDEWALK 0.15 (143.00)R1 `:�` �. NE OF POSITION SB9"'53'53"E 643.55' (943 53)R5 371.78 - RI(L=31.71'R=60.00��:-----"I \ E D=30'18'01 J =94.57'R=60.00' .—__ __ __ __ __ SB951'51"E J21.79' 589'53'5T'E 291.79' SET WITNESS CORNER — i — ——— 3'SOUTH ON LINE 15'STORM 021/N EASEMENT _ PER DOC.N0.7004-0274407 _—_—__——_—_ b 15PER DOC.N0.890970J5 FLUSH IN ACI -15'PER DOC.N0.B6091OJ8 N89"J574"W 10061' -� I c000N pR I FLUSH IN AC s N89'35'3TTW 102.07' 71 PRRCR C 0 14,7J9 SF Q 21 4"FIRE �. SERVICE I � h 4i EX 8"FIRE 1 Q o SERVICE N89-1851"W IOl.J2" It ^ PRRCEL R PRIAM E a 2J,J47 SF o 81,986 SF A QW p 4 fRE 0 33 /\fS J/4"IRON PIPE SERNCEMOOED y rJ�yS'13 C or c'R• I74J5,ON. 4" :,g 2 �4.FIRE r PRIAMR i" S 0 17,602 SF �)Lt'G• '\1` SERNCE g O ' `8"FIRE 8'FRE _ t 1 SERNCE SCRNCE I `4"FIRE 14d741�S.7.'W J SERVICE a l TAG SET N89'185TW 102.16' h h /N GONE 4"FIRE SE/MON J' 1 .SERNCE OFFSET FLUSH IN AC h S89'1857"E 164.95' - FLUSH IN AC W b� GOO", b I .^tel W ti W PRRC6L B o y N JO' - 2 79,614 SF 3 S S PORTION OEPREY/OUSEY'DEDICI7ED:.' °- ® Fi1SFMENFFOR PUBLIC.STREET PURPOSES 12' PER :DOC.NO,8J00870J ` —� — N85'400'q"W 18092 L-9948 R 669300'" PER DOC NO.9J186398 R=9843 0=— 8547:9 0=O'S1"39 L=12b61 V EXIS77NOR L=J 07.6t J/4"IRON PIPE NBS4009W 27272' R=9843.85'0-0 44'J4 �——�— —— �L=271.41 JAGGED"CITY OF N85"40'09"W 25229• _ (=100.3.2" R=6705.00' } FRESNO"DN 6" �I Ia ERST NERNDON L=195.09' R=6705,00'/ e R YEN 51 26" UE PUBLIC UTILITY EASEMENT NOW OFFERED IJ21.95(R5) :.- 12L82'C1LC FOR OEOlC177ON FOR PUBLIC USE 121 --- -- -- - - '�_ �J- -- - ---------- 643.63_ __. (S89',JJ'05"W)R5 (JJ172J)R5 EXIST PROJECT NAIVE PLANNING• SURVEYING CIVIL ENGINEERING FXHk4IT OF PM NO. 2004-23 7690 NORTH PALM, Ff 104, FRESNO, CALIFORNIA 9J711 FIRE SERVICE LANE CIVIL ENGINEERING, 1 N C, PHONE (559) 449-4500 FAX (559) 449-4515 AlY 27, 2005 1 03-075