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
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STATEMENT OF COVENANTS FOR RECIPROCAL
EASEMENTS FOR
SHARED FIRE SUPPRESSION WATER SUPPLY SYSTEM
FOR PARCEL MAP NO. 2005-01
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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
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By
Deputy
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