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Home My WebLink AboutPM 2005-04 - Agreement/Covenant - 12/23/2005 (2) WHEN RECORDED MAIL TO: City Clerk 'C City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 11/21/1065,20056291992 NO FEE- Government Code 6103 CITY OF FRESNO Planning and Development Department N.1 caa STATEMENT OF COVENANTS FOR RECIPROCAL EASEMENTS FOR SHARED FIRE SUPPRESSION WATER SUPPLY SYSTEM PARCEL MAP NO. 2005-04 Statement of Covenants/Reciprocal Easements for Shared Fire Suppression System Final Parcel Map No. 2005-04 Page 2 WHEREAS, FRESNO HERNDON DEVELOPMENT, LLC, an Indiana Limited Liability Company, hereinafter referred to as the"Covenantor,"is the ownerof 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 Parcel Map No. 2005-04 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 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 forthe 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, 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, Statement of Covenants/ Reciprocal Easements for Shared Fire Suppression System Final Parcel Map No. 2005-04 Page 3 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. 2005-04, 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. 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. Statement of Covenants/Reciprocal Easements for Shared Fire Suppression System Final Parcel Map No. 2005-04 Page 4 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. 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. r Statement of Covenants/ Reciprocal Easements for Shared_Fire Suppression System Final Parcel Map No. 2005=04 Page 5 DATED: - � COVENANTORS CITY OF FRESNO, FRESNO HERNDON a Municipal Corporation DEVELOPMENT, LLC, an India a Limited L' ility Company ' By: Nick vino, Director ohn l�rbahns Plann' g and Development Man ging Member Department By: Rand . Bruegman, ire Chief FIRE DEPARTMENT .(Attach Notary Acknowledgments) APPROVED AS TO FORM: HILDA CANTO-MONTOY City Attorngy eputy r STATE OF INDIANA ) SS: COUNTY OF MARION ) On November 21, 2005, before me, MARY BETH ROBBINS, a Notary Public, personally appeared John B. Urbahns, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity as a Member of Fresno Herndon Development, LLC, an Indiana limited liability company, and that by his signature on the instrument the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. otary Public - Signature �� gip.: A MagETHROgBI My Commission Expires: "°' i1�'�m °"e°unry NS �9ust r r Zoos�reS My County of Residence: CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On December 15, 2005, before me, Erika Leyva, Deputy City Clerk, personally appeared Nick Yovino,Director Planning and Development Department,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 KhISCH CITY CLERIf By r Statement of Covenants/Reciprocal Easements for Shared Fire Suppression System Final Parcel Map No. 2005-04 Page 7 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on 02/28/2005 , 3:31 p.m; in the office of the Fresno County Recorder in Book , Page(s) Document No. 20050045727 of which the Deed of Trust in, by and between: Fresno Herndon Development, LLC , as Trustor, Jeffrey R. Rush, Esq. , as Trustee, and U.S. Bank National Association , 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 Water Supply System for Parcel Map No. 2005-04 BENEFICIARY U.S. BANK NATIONAL ASSOCIATION By: BY: (Attach Notary Acknowledgments) r STATE OF OHIO ) SS: COUNTY OF HCLrr,•,0t4 1- ) On November 93, 2005, before me, --amen �� , a Notary Public, personally appeared jo-me-, � K\ie- , per onally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity as a Sexvw,r \' icst_. Py-e<.i�o, , U.S. Bank National Association, a national banking association, and that by his signature on the instrument the entity upon behalf of which the person acted, executed the instrument. SS my hand and official seal. TAMMY S.MONNIN * Notary Public,State of Ohio -. tiny Commission Expires ` October 13,2008 `r�;q •` :�. Not Public - Signature My Commission Expires: "200% My County of Residence: �'� ENWA li HERNDON AVENUE U' J FUTURE 4" FIRE p II BUILDING SERVICE 4' FIREII II N FUTURE EXISTING 14"" SERVICE BUILDING i � II II FIRE 8WATER MAIN FH "" II II MAIN II I I SCALE: 1"= 200' 8" FIRE F MAIN II II I � F II II 8" FIRE II MAIN ' FUTURE I II FUTURE �` FH BUILDING DETECTOR CHECK BUILDING II 4" FIRE III II SERVICE DETECTOR CHECK PROPERTY U LINE (TYP.) - 8" FIRE PARCEL LETTER —77 MAIN OF PARCEL MAP NO. 2005-04 F A dl FUTURE II #�� BUILDING II II II l FH 4", FIRE SERVICEFUTURE I I BUILDING III II EXISTING 8" WATER MAIN II —————————— —— PROPERTY LINE (TYP.) II I 1 \ _w w FREMONT -------------- 1 IQ�OFESS/pN LEGEND w 8" WATER MAIN WITH SIZE AS NOTED �' J y w Q EXP. 3/31/06 m F FIRE MAIN WITH SIZE AS NOTED N0. ZC, 0 FH FIRE HYDRANT J' TVI\- F OF EXHIBIT „A„ BLAIR, CHURCH & FLYNN FIRE SUPPRESSION COVENANT CONSULTING ENGINEERS PARCEL MAP NO. 2005-04 451 GLOMS AVENUE,SUITE 2 ), CA 93612 TEL. (559) 326-1400 FAX.%. (559(559) 326-1500 NOVEMBER 10, 2005 Drowing: P:\204-0427\Dwg-Site\Dwg\204427Exh-A.dwg; EXH-A Plot by:luls Nov 10, 2005 - 1:06pm