HomeMy WebLinkAboutPM 2005-09 - Agreement/Covenant - 6/26/2006 (2) ■
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WHEN RECORDED MAIL TO: IIII III III III II II IIII ILII I III IIII I IN 111 IN II
FRESNO County Recorder
Robert C. Werner
City Clerk DOC 2006-0107882
City of Fresno Aeet 2-Chicago Title Company
2600 Fresno Street Tuesday, MAY 23, 2006 08:00:00
Fresno, CA 93721-3603 Ttl Pd $0,00 Nbr-0002189561
RGR/R4/2-11
NO FEE -Government Code 6103
CITY OF FRESNO
Fire Department
STATEMENT OF COVENANTS FOR RECIPROCAL
EASEMENTS FOR
SHARED FIRE SUPPRESSION WATER SUPPLY SYSTEM
FOR PARCEL MAP NO. 2005-09
Statement of Covenants/Reciprocal Easements for Shared Fire Suppression System
Parcel Map No. 2005-09
Page 2
WHEREAS, DAVID R. WILSON, AS TRUSTEE OF THE DAVID R. WILSON
REVOCABLE TRUST U/T/A DATED JANUARY 26,1994, 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 E, inclusive, of Parcel Map No. 2005-09 according to
the map thereof recorded in Book 661 of Parcel Maps at
Page(s) ZZ !� , 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. 2005-09
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 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. 2005-09, 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. 2005-09
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. 2005-09
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. 2005-09
Page 6
DATED: es-1-0-2 /-.0(.
CITY OF FRESNO, COVENANTOR
a Municipal Corporation DAVID R. WILSON, AS TRUSTEE OF THE
DAVID R. WILSON REVOCABLE TRUST
i
U/T/A014e-c '
ED JANUARY 26 1994
B X)"'
By: y.
David R. Wilson, Trustee
Randy R. Bruegman, Fire hief
Fire Department
APPROVED AS TO FORM:
JAMES C. SANCHEZ
Interim City Attorney
By
Deputy
(Attach Notary Acknowledgments for
Covenantor)
l
t a
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
County of � ss.V— Y
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On b fore me, �U_
1� roar
Date and Title�of O�lfic�( .g.,"Jane Doe,Notary Public")
Publ�p6rsonally appeared — U
Name(s)of Signer(s)
perso ally known to me
❑ proved to me on the basis of satisfactory evidence
to be the person(s)whose name(s) is/are subscribed
Z NNE MANNING " to the within instrument and acknowledged to me that
WHr� COMM.#1578053 he/she/they executed the same in his/her/their
• NOTARY PUBUC-CALIFORNIA authorized capacity(ies), and that by his/her/their
KERN COUNTY
My Cornrn.Exp.Jun.8,Zoos signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
WITNES y hand and official se
Place Notary Seal Above ,,7
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
❑ Attorneyin Fact t Top of Thumb here El Attorney in Fact
El Trustee ❑ Trustee Top of thumb here
❑ 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
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded
on Sep i. S , 2C06 , in the office of the Fresno County Recorder as
Document No. 2605- of which the Deed of Trust in, by and between:
Q:Lv;d R. 0,7Se4,a5 Trustee o4 ro- i vK/ �✓'/sow+ Rc�oc46ie Tiws�ee
vjr/a d4-red 140 /fff as Trustor,
f�.nGPi�a•7 7lGyr(Tlk5 a 6w/,�rv-A.4 �'e��a-rio� —, as Trustee,
and "Z6 �a�aa 6aA 1C i A)e5ri44a( �'`iSeci�T►oma 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. 2005-09.
DATED:
BENEFICIARY
Ni A
V ' `
(Beneficiary to print/type document data, names and
titles; and attach Notary Acknowledgment)
V
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Califor
ss.
County of 2 "1"\1On H3�S_06 -, be ore me, 11A Ta ry&614e
Date a and T,f1 Officer .g.,"Jae Doe,Notary Pyb c)
personally appeared h
Name(s)of Signer(s)
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
S�NNE MANNI signature(s) on the instrument the person(s), or the
- npT '"780 G entity upon behalf of which the person(s) acted,
M KERN C 0 NIA executed the instrument.
MY ern. .Jun.8,2009 f.,
WITNESS y hand and official se
Place Notary Seal Above
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(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General golg*_Nil ❑ Partner—❑ Limited ❑ General _
❑ Attorneyin Fact '.
Top of thumb here ❑ Attorney in Fact '
El Trustee Top of thumb here
❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
®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
�Lr
CLERK'S CERTIFICATION
State of California)
County of Fresno)
On May 3. 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
a
By
Deputy
EXHIBIT "A"
FIRE HYDRANT FIRE SERVICE
F (NP) _ MAIN
FS 84 L r4_' 8" i PAD 'D
4 '
5,400 SF
SHOPS 'S' SHOPS 'A'
9,480 S.F. 10,072 S.F.co
I
PARCEL D
� FH _— --
SHOPS 'C'
9,480 S.F. PARCEL E
4'
4'--
" PARCEL C
PAD 'C'
4. 2,448 S.F.
SHOPS 'D' OI
10,072 S.F.
00
F
FS— 6'
— FS 8'
I
6
FH I
PARCEL A I PAD
17,272 S.F.
4
I of
g I
P"° 'A'
7,424 SPARCEL B
.F,
EAST NEES AVENUE
Harbour&Assodates
„ , ® 975 Woodworth Avenue,Suite 103.Co*,Cag mie 97812
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