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HomeMy WebLinkAboutPM 2005-01 - Agreement/Covenant - 10/9/2006 (2) i WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 10/06/Z006,2006013968 NO FEE - Government Code 6103 CITY OF FRESNO Fire Department O w Z O U W Q W J a STATEMENT OF COVENANTS FOR RECIPROCAL EASEMENTS FOR SHARED FIRE SUPPRESSION WATER SUPPLY SYSTEM FOR PARCEL MAP NO. 2005-01 t Statement of Covenants/Reciprocal Easements for Shared Fire Suppression System Parcel Map No. 2005-01 Page 2 WHEREAS,CHARLES CLABORN and BETTY CLABORN,husband and wife as community property with right of survivorship, GILBERT S. ROBERTS and SUSAN OAXACA-ROBERTS, husband and wife, as joint tenants, WON-TAE SONG, an unmarried man and DEMCO, INC., a California Corporation, 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, B, C, and D, inclusive, of Parcel Map No. 2005-01 according to the map thereof recorded in Book!Q�of Parcel Maps at Page(s) ��,*� Q, Fresno County Records; and, Parcel A and D, inclusive, and Outlot A of Parcel Map No. 2002-16 according to the map thereof recorded in Book 62 of Parcel Maps at Page 69, 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 Statement of Covenants/Reciprocal Easements for Shared Fire Suppression System Parcel Map No. 2005-01 Page 3 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, 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 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 parcels subdivided by Parcel Map No. 2005-01, reciprocal easements for Statement of Covenants/ Reciprocal Easements for Shared Fire Suppression System Parcel Map No. 2005-01 Page 4 private fire suppression water lines over, under, through and across each of the parcels 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 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, 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. 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 Statement of Covenants/Reciprocal Easements for Shared Fire Suppression System Parcel Map No. 2005-01 Page 5 and severally binding upon the undersigned and each of their heirs, representatives, successors and assigns. 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. 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 for Shared Fire Suppression System Parcel Map No. 2005-01 Page 6 DATED: CITY OF FRESNO, a Municipal Corporation By: Randy R. Bruegman, Fire Chief Fire Department APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney B J�� eputy COVENANTOR CHARLES CLABORN and BETTY WON-TAE SONG, an unmarried man CLABORN, husband and wife as community property with right of survivorshi By: BY: arles Claborn won-Tae Song By: Betty Cdoorn GILBERT S. ROBERTS and SUSAN OAXACA-ROBERTS, husband and wife, as joint tenants B Ql&�Y bert S. Roberts By: L&�6*/ usan Oaxaca-Roberts LARRY KORTH, a marrie an as his sole and separate pr erty By: arty DEMCO, INC., a California Corporation By: a"GL- Corine Demetreos, as President (Attach Notary Acknowledgments for Covenantor) CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF California )SS COUNTY OF Fresno ) On Aprils 26, 2006 before me, Ruth A. Kusamura , Notary Public, personally appeared Charles Claborn and Betty Claborn 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 m n an o �c I e I. . RUTH A. KUSAMURA tiF y ' ' COMM.#1621713 u)NOTARY PUBLIC RUTH Signature ���s, FRESNO COUNTY Cq(IFOAN\P My Comm Exp.Nnv.21,2009 This area for official notarial seal. OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below,doing so may prove invaluable to persons relying on the documents. ❑x INDIVIDUAL [_] CORPORATE OFFICER(S) TITLE(S) F__] PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT [-1 TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: Name of Person or Entity Name of Person or Entity OPTIONAL SECTION Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE Reproduced by First American Title Insurance 1/2001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT File No: () STATE OF California )SS APN No: COUNTY OF U ) %1T before me, � / S Notary Public,personal)Y aPPSred o 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 and an official seal. LISA GISH COMM. #141$766 Signature NOtARRESNOICOUNT`( CALIFORNIA �V My COMM.mm.Expires May 20,2007 This area for official notarial seal. OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below,doing so may prove invaluable to persons relying on the documents. 0 INDMDUAL 0 CORPORATE OFFICER(S) TITLE(S) 0 PARTNER(S) ❑ LIMITED ❑ GENERAL 0 ATTORNEY-IN-FACT [� TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR 0 OTHER SIGNER IS REPRESENTING: Name of Person or Entity Name of Person or Entity OPTIONAL SECTION Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE Rep n&"d by no-st Anwimn nne In"ame 1/20e1 ALL—PURPOSE ACKNOWLEDGEMENT State of California County of Fresno On f,, t (n before me, Cherie Harmon,Notary Public,personally appeared, �62 It ❑ Personally known to me -OR- Xproved to me on the basis of satisfactory evidence to be the person(si) whose name(#) is/tee subscribed to the within instrument and acknowledged to me that he/she/-they executed the same in his/her authorized capacity(ies), and that by his/lam keir signature(s) on +�+++�+••�� the instrument the person(s), or the entity upon behalf MRIE G 3M of which the person( acted, executed the instrument. Nolm PubNc-caNromw psi 4.2W WITNESS my hand and official seal. Cherie Harmon,Notary Public Commission Expires: November 24 2007 OPTIONAL INFORMATION The information below is not required by law.However,it could prevent fraudulent attachment of this acknowledgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER(PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL(S) ❑ CORPORATE OFFICER(S) TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ( ) ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) RIGHT THUMBPRINT OF SIGNER ANS E R � Do O� } STATE OF CALIFORNIA �� COUNTY OF }Iss. On / P , before me, personally appeared Q 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. Signature J. FLORES J. FLdRECOMM. #1382698 COMM. #1382698 '� ' NOTARY PUBLIC•CALIFORNIA FRESNO COUNTY NOTARY PUBLIC•CALIFORNIA My Comm.Expires Nov. 1,2C FRESNO COUNTY My Comm.Expires Nov.1,2006 (This area for official notarial seal) Title of Document Date of Document No. of Pages Other signatures not acknowledged 3(1nR/1/9d1/t;anarall SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on 3 �� , in the office of the Fresno County Recorder as Document No. � /oZ / �� of which the Deed of Trust in, by and between: 4�4 ,1 ��`'' as Trustor, %�.3_ Er► A ' �� CD_ , as Trustee, and 6s 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. 2005-01. DATED: BENEFICIARY 42R P4CSCOC (Beneficiary to print/type document data, names and titles; and attach Notary Acknowledgment) ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Fresno On_July 12, 2006 before me, –Jennifer McCready, Notary Public , Date Name and Title of Officer(e.g., "Jane Doe,Notary Public") personally appeared,Larry Korth , Name(s)of Signer(s) personally 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 acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their JENNIFER MCCREgpy signature(s) on the instrument the person(s), or the s otory u�#�1480402 entity upon behalf of which the person(s) acted, t � Notory Pum-CaEf Fresno County«� executed the instrument. DIY Comm.Explros Apr 4.2000 WITNESS rpy hand and official seal ,Sacayu Nnature 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 Title or Type of Document:—STATEMENT OF COVENANTS Document Date: Number of Pages: _15 Signer(s) Other Than Named Above: -------------------------------------------------------------------------------- CAPACITY(IES) CLAIMED BY SIGNER RIGHT THUBMPRINT ❑ Individual OF SIGNER Corporate Officer–Title(s): PRESIDENT Top of thumb here ❑ Partner - ❑Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: MID VALLEY SERVICES, INC SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on Januarg 1 7., 2006 , in the office of the Fresno County Recorder as Document No. 2006-0009282 of which the Deed of Trust in, by and between: Charles Claborn & Betty Claborn, husband & wife as Trustor, Chicago Title Company, a California Corporation , as Trustee, and JKM Development Inc. , a California Corporation , as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT TO CREATE MUTUAL EASEMENTS AND RECIPROCAL USES FOR PARCEL MAP NO. 2005-01. The above-described Deed of Trust was assigned to Regier Company, LLC on January 17, 2006 as Document No. 2006-0009283. DATED: BENEFICIARY REGIER COMPANY, LLC Robert Dean Regier (Beneficiary to print/type Name and Title; and attach Notary Acknowledgment) State of County of lea On�u �7 aZUU 4 before me 61,1`4 /vla��t �uv,ca kj , Notary Public, personally ppeared aa X egie A personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)aare subscribed to the within instrument and acknowledged to me that 0/she/they executed the same in is'her/their authorized capacity(ies), and that by(o/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed this instrument. WITNESS my hand and official seal. 01 ASE 6V t SignaturevLe Gtvct�t /,`�:�OTAPj, OX- v:AUG. 20, 2008'-N? soPUBIJZ C�/ SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on May 27, 2003 , in the office of the Fresno County Recorder as Document No. 2003-0116845 of which the Deed of Trust in, by and between: Gilbert Shawn Roberts and Susan Oaxaca-Roberts, husband and wife as Trustor, First American Title Company , as Trustee, and Humboldt 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. 2005-01. DATED: BENEFICIARY r i 13✓pw�n, JP (Beneficiary to print/type document data, names and titles; and attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I State of Calif rnia SS. LA lat. ' County of \tJul. S fti X C.Do*ebo , On before me, f S 1 Dale Name and Title of Officer(e. .,"Jane D, Notary Public") l (� personally appeared �i Name(s)of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory �( evidence C. DONOHO h COMM.#1408675 to be the person(s) whose name(s) re F{ NOTARY PUBLIC•CALIFORNIA tn subscribed to the within Instr ent and W h?. HUMBOLDT COUNTY acknowledged to me that they xecuted My Comm.Expires April 1,2007 the same in their uthorized capacity(ies), and that heir �5 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. �5 t WITNESS my hand and official seal. Signature of Notary Public I OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent N fraudulent removal and reattachment of this form to another document F Description of Attached Document rh�I r�i Title or Type of Document: ' I Document Date: Number of Pages: Signer(s)Other Than Named Above: 'I Capacity(les) Claimed by Signer ' Signer's Name: MCI ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ;Y"• �,'( Cti-!_ti<��"C`� c 1;�1,'���rti'C(. t —C" `�`C?�`C:-J�; 0 1989 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 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on / 0 y 6 , in the office of the Fresno County Recorder as Document No. 42 0O 6 - 0/�/7 �1 S l of which the Deed of Trust in, by and between: �(J✓1/ ` 1'/94F So /Va as Trustor, 'Y1/y �•c�'� L �' L (!�; n , as Trustee, and /% l ���G�� J ��!// �S . �l'y G - , 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. 2005-01. DATED: / `� 0.6 BENEFICIARY 4h9- 7`0reSr ode (Beneficiary to print/type document data, names and titles; and attach Notary Acknowledgment) ACKNOWLEDGMENT for Son State of : California County of Fresno On September 1, 2006 before me_Ronda D. Hall , a Notary Public , Date Name and Title of Officer(e.g.,Notary Public") personally appeared Larry Korth , Name(s)of Signer(s) [ X] personally known to me [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ subscribed to the within instrument and acknowledged to me that ROMA D. l4A­U----j he executed the same in his Cir a**)n+1633977 r authorized capacity(ies), and that by NaftFr�-Oa�1omO his signature(s) on the instrument the MY Corr"-ftlift Apr 22,201 person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal NOTARY SEAL CLARAFICATION Govt,Code,Sec.27361.7 1 certify under penalty of perjury that the"Notary Seal"on the document to which this statement is attached reads as follows: NAME OF NOTARY: Ronda D.Hall COMMISSION NUMBER: 1653977 DATE COMMISSION EXPIRES: April 22,2010 STATE and COUNTY of COMMISSION: State of California County of Fresno RONDA D. MALL Corrxnkskm# 1633977 Noary Pubk-CallforMa Fresno County My Ox".ExPir'es Apr 22,2010 Signature of Notary Public Place Notary Seal Above CLERK'S CERTIFICATION State of California) County of Fresno) On September 22. 2006, before me, Elvia Sommerville, Deputy City Clerk, personally appeared, 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 � o By Deputy EXH I BIT 'A' Ln 1 W -- _ N 89°52'38"w 142.42' 't I [N 89°34'31"W1 0 w [63.65'] Z o (� o m BUILDING OUTLINE LJ� •-� 6" FIRE SERVICE 6 oo u U 4 rn o I o o w- `j rG'' z I U)zu r �;a N 89034'31"Wy cvo I Q I �o�� Lo t 7 V) � I a- llqPARCEL A �' o a Ll �~�i 10 cry Q ccOi N 89°3-x'31"W om aoa° ' r, v a °; P SRC EL B m Li N 89°34'31"W M Q' a, Q, 63.65 7 WATER METERS rn PARCEL c rn �; c Gj1c N rn o z o 0" N 8903431"4Ai �+ ( 6" FIRE SERVICE --- ;? 'o � m PARCEL D I N 89"3431"'rr a►-i --r gib' N , 35'33"EJ j SGC:-'- 4998 `-4 r'JUND r CLiT IN �rG CONCRETE WALK _ *rlif 30.00 N 89'53'04"E - - PARCEL D P '-:CEL _VAP No. Z-002-15 e;2 .._ 'P?i' 11.�P._ Al 7 -'ACIL (�".� `