HomeMy WebLinkAboutPM 2004-24 - Agreement/Covenant - 11/1/2007 (2) When Recorded Mail to:
City Clerk
O City Of Fresno
Z 2600 Fresno Street
z Fresno,CA 93721-3603
C.) 09/2512007,20070178483
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NO FEE—GOVERNMENT CODE 6103
a
CITY OF FRESNO SPACE ABOVE FOR RECORDER'S USE
Planning and Development Department
P.W. File No.
STATEMENT OF COVENANTS AFFECTING LAND
DEVELOPMENT FOR RECIPROCAL EASEMENTS AND
MAINTENANCE OF SHARED FIRE SUPPRESSION WATER
SUPPLY SYSTEM FOR PARCEL MAP NO. 2004-24
Statement of Covenants
Reciprocal Easements and Maintenance of Shared Fire Suppression System
Parcel Map No. 2004-24
Page 2
WHEREAS, DON PICKETT & ASSOCIATES, INC., a California
Corporation, as to an undivided 50% interest and Donald V. Pickett and
Linda M. Pickett, trustees of the Pickett Family revocable trust dated
October 26, 1998, as to an undivided 27% interest and Picketts' Ponderosa
Construction, L.P., a California Limited Partnership, as to an undivided 23%
interest, 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 NN, inclusive, of Parcel Map No. 2004-24 according to
the map thereof recorded in Book GJ' of Parcel Maps at Page(s)� f�
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
Statement of Covenants
Reciprocal Easements and Maintenance of Shared Fire Suppression System
Parcel Map No. 2004-24
Page 3
to serve the fire suppression systems of two or more parcels within the Subject
Property simultaneously from private fire suppression water lines; 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
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:
Statement of Covenants
Reciprocal Easements and Maintenance of Shared Fire Suppression System
Parcel Map No. 2004-24
Page 4
1. Covenantors, and each of them, hereby grant to, and accept from,
each other owners of the legal parcels subdivided by Parcel Map
No. 2004-24, reciprocal easements for private fire suppression
water lines over, under, through and across each of the parcels as
shown on the attached Exhibits "A","B", and "C". 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. 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,
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.
Statement of Covenants
Reciprocal Easements and Maintenance of Shared Fire Suppression System
Parcel Map No. 2004-24
Page 5
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.
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 Coventors, jointly and
severally binding upon the undersigned and each of his heirs,
representatives, successors, 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.
Statement of Covenants
Reciprocal Easements and Maintenance of Shared Fire Suppression System
Parcel Map No. 2004-24
Page 6
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 No. 2004-24
Page 7
DATED:
COVENANTORS
DONALD V. PICKETT
President of Don Pickett & Associates, Inc., a California Corporation, as to an
undivided 50% interest.
By:
Donald V. Pickett, President
DONALD V. PICKETT
Trustee of the Pickett family revocable trust dated October 26, 1998, as to an
undivided 27% interest.
Donald V. Pickett, Trustee
LINDA M. PICKETT
Trustee of the Pickett family revocable trust dated October 26, 1998, as to an
undivided 27% interest.
By:
Linda M. Pickett, Trustee
DONALD V. PICKETT
General Partner of the Picketts' Ponerosa Construction, L.P., a California
Limited Partnership, as to an undivided 23% interest.
By: "Cz��?
Donald V. Pickett, General Partner
LINDA M. PICKETT
General Partner of the Picketts' Ponerosa Construction, L.P., a California
Limited Partnership, as to an undivided 223% interest.
By: �LT�
Linda M. Pickett, General Partner
(Attach Notary Acknowledgments)
Statement of Covenants
Reciprocal Easements and Maintenance of Shared Fire Suppression System
Parcel Map No. 2004-24
Page 8
DATED: tcg 14 2007
CITY OF FRES O
101,
By: f
eith BAl
ergthold, sista irector
Planning and Development Department
By: & _ is �--�
Randy K. Bruegman, Firethief
FIRE DEPARTMENT
APPROVED AS TO FORM:
James C. Sanchez
City Attorney
By:
lJ n . Fox
eputy City Attorney
Date:
CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO)
On August 30, 2007, before me, Elvia Sommerville, Deputy City Clerk, City of Fresno,
personally appeared, Keith Berqthold, Assistant 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
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), 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
9
a
By
Deputy
"EXHIBI T A "
P.M. 2004-24
CROSS PARCEL FIRE SPRINKLER SERVICE
EASEMENT
S �
PARCEL FF
PARCEL EE
PARCEL NN
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N •
PARCEL DD EAST PONTIAC WAY
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N XL .- - .-- .- - ,- -•— � PARCEL
AA i PARCEL i PARCEL i PARCEL
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Z l PARCEL BB
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N NOTES
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r 1. ALL FIRE WATER SERVICE EASEMENTS ARE 10'x20'
L PREPARED ar. ON EACH LOT UNLESS NOTED OTHERWISE.
Aw Don Piclrett&Associates, Inc. 2. LOCAl10N AS INDICATED BY THE SHADED AREA.
7395,V Pe/m,61a s,Salle>0>Fiesno, CA 937»-5739
o (559)431-3535LiC.No.541612 3. EASEMENTS ARE TO BE PERPENDICULAR TO
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ADJACENT PROPERTY LINES AS INDICATED.
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SHEET 1 OF 3
"EXHIBIT B "
P.M. 2004-24
CROSS PARCEL FIRE SPRINKLER SERVICE
EASEMENT
\ PARCEL GG \ \ PARCEL C
\ I
1
\ —r - - - -
PARCEL FF \ // I I PARCEL D
PARCEL HH
PARCEL
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PARCEL PARCEL 11
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PARCEL LL
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PARCEL MMI i PARCEL F I o
S I I PARCEL JJ I — —
N 110' T rP.i -I �—20' Tr.
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= I I I
PARCEL I
PARCEL S
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ti NOTES
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1. ALL FIRE WATER SERVICE EASEMENTS ARE 10'x20'
PREPARED BY ON EACH LOT UNLESS NOTED OTHERWISE.
&77395
Dori Pickett&Associates, /nc,
mN.Palm Bluffs Suile>0>Fissno,CA937f>-5739 2• LOCATION AS INDICATED BY THE SHADED AREA.
(559)431-3535Lic.No.541612 3. EASEMENTS ARE TO BE PERPENDICULAR TO
d
ADJACENT PROPERTY LINES AS INDICATED.
SHEET 2 OF 3
"EXHIBIT C"
P.M. 2004-24
CROSS PARCEL FIRE SPRINKLER SERVICE
EASEMENT
20' 'DP.
� . - - - - — �
- --Li
10, � I PARCEL J
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PARCEL R i
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PARCEL Q I
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NOTES
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2
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1. ALL FIRE WATER SERVICE EASEMENTS ARE 10'x20'
PREPARED BY.- ON EACH LOT UNLESS NOTED OTHERWISE.
Don Pickett&Associates Inc. 2. LOCATION AS INDICATED BY THE SHADED AREA.
mJW(559)
395 N.Palm Bluffs,Suite 101 Fresno, CA 93711-5739
A 431-3535Lic.No.541612 3. EASEMENTS ARE TO BE PERPENDICULAR TO
ADJACENT PROPERTY LINES AS INDICATED.
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V
SHEET 3 OF 3
State of California }
} ss.
County of Fresno }
On July 31, 2007 before me, Lauren Michele Aguilar, Notary Public, personally
appeared Donald V. Pickett, President of Don Pickett & Associates, Inc. personally known to
me (^F pFeyed to me Gn the Dosis ^f sati6faGtGry eymdeRG&) to be the person(s) whose name(s)
Ware subscribed to the within instrument and acknowledged to me that hetshe/they executed the
same in his/hetheir authorized capacity(ies), and that by his/hetheir 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.
s "r`f
Lill %' V
cc e` a COMM. 01465159 �
NOTARY PUBLIC-GALIFOWA up
WDERA COUNTY
Signatur Seal) �3'coMM'EXP—JM 26 2008
Notary Name: Lauren Michele Aguilar Notary Phone: (559)431-3535
Commission#: 1465159 Madera County My Commission Expires: January 26,2008
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: Statement of Covenants Affecting Land Development for Reciprocal
Easements and Maintenance of Shared Fire Suppression Water Supply System For Parcel Map
No. 2004-24
Pages: 1313 including this
State of California }
}ss.
County of Fresno }
On July 31, 2007 before me, _Lauren Michele Aguilar, Notary Public, personally
appeared Donald V. Pickett, Trustee of The Pickett Family Revocable Trust Dated October 26,
1998, and Linda M. Pickett, Trustee of The Pickett Family Revocable Trust Dated October 26,
1998, personally known to me to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
4e4he/they executed the same in hisihe#their authorized capacity(ies), and that by has/her-/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person($)
acted, executed the instrument.
WITNESS my hand and official seal.
CV �4T1tifP1 a +j LAUREN MICHELE AGUILAR
o COMM.#1465159 as
NOTARY PUBLIC-CALIFORNIA o"e
.o,,. MAOERA COUNTY
Signaturei"'eal) Mr comm.EV.fin,26,2008
Notary Na e: Lauren Michele Aguilar Notary Phone: (559)431-3535
Commission#: 1465159 Madera County My Commission Expires: January 26, 2008
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: Statement of Covenants Affecting Land Development for Reciprocal
Easements and Maintenance of Shared Fire Suppression Water Supply System For Parcel Map
No. 2004-24
Pages: 13 including this page
State of California }
) ss.
County of Fresno }
On July 31, 2007 before me, Lauren Michele Aguilar, Notary Public, personally
appeared Donald V. Pickett, General Partner of Picketts' Ponderosa Construction. L.P., and
Linda M. Pickett, General Partner of Picketts' Ponderosa Construction, L.P. personally known to
me 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/heF/their authorized capacity(ies), and that by hisAie#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. , LAUREN MICHELEAGUILM
�- COMM #1465159
s
NOTARY PUBLIC-CALIFORNIA
` MADERA COUNTY n►
` ' MY Comm.Exp.Jan.26,2008
Signatur eal)
Notary Name: Lauren Michele Aguilar Notary Phone: (559)431-3535
Commission#: 1465159 Madera County My Commission Expires: January 26,2008
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: Statement of Covenants Affecting Land Development for Reciprocal
Easements and Maintenance of Shared Fire Suppression Water Supply System For Parcel Map
No. 2004-24
Pages: 13 including this page