HomeMy WebLinkAboutPM 2005-05 - Agreement/Covenant - 9/13/2006 (2) WHEN RECORDED MAIL TO:
City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603 09I1�I�606,X0060191683
NO FEE-Government Code 6103
2 CITY OF FRESNO
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STATEMENT OF COVENANTS FOR RECIPROCAL
EASEMENTS FOR
SHARED FIRE SUPPRESSION WATER SUPPLY SYSTEM
FOR PARCEL MAP NO. 2005-05
Statement of Covenants/Reciprocal Easements for Shared Fire Suppression System
Parcel Map No. 2005-05
Page 2
WHEREAS,SAWHAB INVESTMENTS, LLC,a Delaware Limited Liability Companyand EMAMI
ENTERPRISES, 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, B, C and D, inclusive, of Parcel Map No. 2005-05 according
to the map thereof recorded in Book 66 of Parcel Maps at
Page(s) -57) + 1% , 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 parcels within the Subject Property simultaneously from private fire suppression water
lines; and,
Statement of Covenants/ Reciprocal Easements for Shared Fire Suppression System
Parcel Map No. 2005-05
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 forfire 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. 2005-05, reciprocal easements for
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.
Statement of Covenants/Reciprocal Easements for Shared Fire Suppression System
Parcel Map No. 2005-05
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
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
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
Statement of Covenants/ Reciprocal Easements for Shared Fire Suppression System
Parcel Map No. 2005-05
Page 5
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. 2005-05
Page 6
DATED: b T
CITY OF FRESNO, COVENANTOR
a Municipal Corporation SAWHAB INVESTMENTS, LLC,
a Delaware Limited Liability Company
By: 13�:O-m 2-.1 P I
ndy C anager
Randy R. Bruegman, Fire Chief
Fire Department
EMAMI ENTERPRISES, LLC
a California Limited Liability Company
APPROVED AS TO FORM:
JAMES C. SANCHEZ
City Attorney By:
Ahmad Lmami, Manager
By
4eputy
(Attach Notary Acknowledgments for
Covenantor)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of , "Ar ,/
Zjoq
On �— 9' >W& before me, �fihit� s• Irl U/*�! /� ,
ate Name and Title of Officer "Jane Doe,Notary Public")
personally appeared hn?ad �mamr
Name(s)of Signer(s)
y/personally known to me
❑ proved to me on the basis of satisfactory evidence
CHRISTINE S,LINGENFELTER to be the person(s) whose name(s) is/are subscribed
COMM.#1380834 c to the within instrument and acknowledged to me that
NOTARY PUBUC•CALIFORNIA
FRESNO COUNTY he/she/they executed the same in his/her/their
My Comm.Expires Oct.20,2006 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.
Place Notary Seal Above
Signature of Notaryblic iV
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:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ Generalmucafill 11Partner—11 Limited 1-1General
[I Attorney in Fact • .
y Top of thumb here El Attorney in Fact
Top of thumb here
El Trustee 11Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
0 2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of ff��FRESNO
On June v, 2006 before me, RHAELENE WIMBERLY , Notary Public
Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
personally appeared CINDY COOK
Name(s)of Signer(s)
❑ personally known to me
X3 proved to me on the basis of satisfactory evidence
to be the person( whose name( is/subscribed
to the within instrument and acknowledged to me that
=84 WWAMY he/she/t ex executed the same in Ns/her/tf1&
CommMNon*1666426 authorize capacity(i��, and that by I�i�/her/thelr
LQMVI
oknyMft-C1�I11=0 signature( on the instrument the person(,), or the
FM CauMy entity upon behalf of which the person( acted,
oM.b0*�2V' executed the instrument.
WITN my hand and official seal.
Place Notary Seal Above P ,
Signature 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:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: _ Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General
❑ Attorney in Fact Top of thumb here ❑ Attorney In Fact INVIN
Top of thumb here
El Trustee ElTrustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
0 2004 National Notary Association•9350 De Soto Ave..P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-600-676-6627
SUBORDINATION
The undersigned as the holder of the beneficial interest
in and under those certain deeds of trust recorded in the office of
the Fresno County Recorder as follows:
DATE OF RECORDING DOCUMENT NO.
October 6, 2005 2005-0236543
October 6, 2005 2005-0236546
which Deeds of Trust are by and between Sawhab Investments, LLC, a
Delai-,,are Lijiiited Liability Company, as Trustor, and United Security
Bank, a Califo.-nia Financial Institution, as Trustee, and United
Securlty Bank, as Beneficiary hereby expressly subordinates said
Dc,,eds of Trust and its beneficial interest thereto to the foregoing
Siaterl.ent of Covenants for Reciprocal Easements for Shared Fire
S t
,.;ppression for Water Supply System for Parcel Map No. 2005-05 .
DATED: '1-1, 2006
United Security Bank,
A California financial Institution
Bv-
K4n Donahue SVP/CFO
Title
Name
By—
Rh6dlee Braa SVP/CCO
Name Title
ATTACH NOTARY ACKNOWLEDGMENT
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County ofPS
On �U_Vle_., Zl ZCA)6, before me, &AZI 'tel
Date Name and Title o Officerane Doe,Notary is")
personally appeared �/�, YI�•AL_ �� Q �---
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
CAROL MIRANDA to the within instrument and acknowledged to me that
Commission#1504938 he/she/they executed the same in his/her/their
Notary Public-untyCalifornia authorized capacity(ies), and that by his/her/their
O
Fresno County
My Comm.Expires Aug 1,2008 signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
WI S and official seal.
Place Notary Seal Above
i ure o 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:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General arg. fill ❑ Partner—❑ Limited ❑ General
❑ Attorneyin Fact • •
Top of thumb here ❑ Attorney in Fact Top of thumb here
❑ Trustee ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
02004 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827
Subordination
The undersigned as the holder of the beneficial interest in and under those certain
deeds of trust recorded in the office of the Fresno County Recorder as follows:
DATE OF RECORDING DOCUMENT NO.
July 31,2006 2006-0158154
July 31,2006 2006-0158155
which Deeds of Trust are by and between Emami Enterprises, LLC, a California Limited Liability
Company, as Trustor, and United Security Bank, a California Financial Institution, as Beneficiary
hereby expressly subordinates said Deeds 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. 2005-05
DATED: 08/17/ 12006
United Security Bank,
A California Financial Institution
By
Rhoee Braa VP/CCO
By
Ken Donahue SVP/CFO
Attach Notary Acknowledgement
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
SNC ss.
On before me, 7f-lYY1�'hWt1L1. GRD, �dTl9lecJ /Ub�l�,
Date �f_ Name and Ti6e of Officer(e.g.,"Jane Doe,Notary Public")
personally appeared 'TSV lOb�£� 8 /9
Names)of Signer(s)
9l.personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) Way
subscribed to the within instrument and
acknowledged to me that he/sth/th*executed
the same in his/hNfJthWr authorized
capacity(ies), and that by his/fir/thWr
PAMELAKAYALLEGRO signature(s)on the instrument the person(s), or
Commission#1477788 the entity upon behalf of which the person(s)
Notary Public-Calffomia acted, executed the instrument.
Fresno County
My Comm.Expires Mar 20.2008 W SS my h ffi ial seal.
Signa re of Notary Publi
OPTIONAL
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fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: fai6pew 1tjp R C)"
Document Date: K)m' 1)A7tn -- Number of Pages:
Signer(s) Other Than Named Above: ,EQ bonaye, — SU P /cre -
Capacity(les) Claimed by Signer
Signer's Name: RhonLEE � p
t
❑ Individual Top of thumb here
X Corporate Officer—Title(s): Sy P1Cen
❑ Partner—❑ Limited ❑General
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other: J
Signer Is Representing: UN ITED
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 1-600-676-6627
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of FLsn0
On 2/1-7 lob before me, PJRj1A&,A KejjA"P—M I�o 12C1 1 Ubf r&
Date �✓/,�,, T Name and Tt a of Officer(e.g.,"Jane Doe,Notary Public")
personally appeared T�A1 lJ0(zy1oe_
Name(s)of Signer(s)
1)(personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/EKe
subscribed to the within instrument and
acknowledged to me that he/srA/tll executed
the same in his/her/thigr authorized
capacity(ies), and that by his/ham/ttWir
signature(s) on the instrument the person(s), or
PAMELA KAY ALLEGRO the entity upon behalf of which the person(s)
Commission#1477788 acted, executed the instrument.
@my
Notary Public-California
Fresno County WITN S my hand i s al.
Comm.Expires Mar 20,2008
Signature crotarTPublic
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:S)tbLIW lnahC)ri
Document Date: NOT )Rrcx Number of Pages:
Signer(s)Other Than Named Above:-AhOLAZe ) 1 •—bcn14 — �SUPICCO
Capacity(ies) Claiim_ed� by
Sign^elr,
Signer's Name: 'rltl�) IJOY�d1 1l)�
:T •
❑ Individual Top of thumb here
`V Corporate Officer—Title(s): sVl°J C.F O
❑ Partner—❑ Limited ❑General
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing: 00[TED SECT�12t , L�4f1
®1999 National Notary Association-9350 De Soto Ave.,P.O.Bax 2402-Chatsworth,CA 91313-2402-w .nationalnotary.org Prod.No.5907 Reorder:Call Tall-Free 1-800-876-6827
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded
on 12
J in the office of the Fresno County Recorder as
Docum t No.gQ01P - 01'9 1,P 37 of which the Deed of Trust in, by and � tween,
d�1>x p uilb r std 1
e
and 1 as eft Ficry,
hereby expressly subordina es said Deed of Trust and its beneficial interest thereto to the foregoing! l
Statement of Covenants for Reciprocal Easements for Shared Fire Suppression for Water Supply
System for Parcel Map No. 2005-05.
Im i �
DATED:
BENEFICIARY
M
(Beneficiary to print/type document data,names and
titles; and attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County o badua ss.
CII
On I before me, /7 S• �I f'L/ ��lU,�!
'y
Date Name and Title of Officer(e.g.,"Jane Dootary Public")
personally appeared ���� e Nk I
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
. CHRISTINE S.LINGENFELTER to the within instrument and acknowledged to me that
NOTA" #380uBfFortfwu► he/she/they executed the same in his/her/their
FRESNO COUNTY authorized capacity(ies), and that by his/her/their
Comm.Exp.OCT.20,2006 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.
Place Notary Seal Above
Signature Notary blic
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:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General
❑ Attorneyin Fact
Top of thumb here ❑ Attorney in Fact Top of thumb here
❑ Trustee ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
0 2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827
CLERK'S CERTIFICATION
State of California)
County of Fresno)
On September 11. 2006, before me, Sherrie L. Badertscher, 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
By
Deputy
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