HomeMy WebLinkAboutPM 2005-15 - Agreement/Covenant - 4/4/2006 (2) When Recorded Mail To: 200600
41011
0310112006,
City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603
W NO FEE -GOVERNMENT CODE 6103
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STATEMENT OF COVENANTS AFFECTING LAND
DEVELOPMENT FOR RECIPROCAL EASEMENTS
FOR SHARED FIRE SUPPRESSION WATER
SUPPLY SYSTEM FOR PARCEL MAP NO. 2005-15
Statement of Covenants
Common Fire Suppression Water Supply Service Connection
PM 2005-15
Page 2
WHEREAS, HORIZON ENTERPRISES, a California General Partnership, hereinafter
referred to as "Owner", 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. 2005-15 according
to the map thereof recorded in Book of Parcel Maps
at Page(s) J3 , Fresno County Records; and
WHEREAS, the Owner hereby warrants that any and all parties having record title interest
in the Subject Property which may ripen into a fee have subordinated to this instrument and that
all such instruments of Subordination, if any, are attached hereto and made a part of this
instrument; and
WHEREAS, Owner has developed, or intends to develop the Subject Property with
buildings and structures in accordance with the approved Special Permit application designated
as Site Plan Review Application No. S-04-190 and any amendments thereto, hereinafter referred
to as "Special Permit, "for a commercial planned development; and
WHEREAS, the Fresno Municipal Code (FMC), by its incorporation of the 2001
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
Statement of Covenants
Common Fire Suppression Water Supply Service Connection
PM 2005-15
Page 3
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 Owner has asked the City to approve a common fire suppression water
supply service connection to private fire suppression water lines to serve the fire suppression
systems of two or more parcels within the Subject Property simultaneously from; 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 the Owner'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 Owner 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.
COVENANTS, CONDITIONS AND RESTRICTIONS
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, Owners hereby covenant that the Subject
Property shall be held, conveyed, encumbered, used, occupied, developed, maintained, and
improved subject to the following covenants, conditions, and restrictions, which are for the
Statement of Covenants
Common Fire Suppression Water Supply Service Connection
PM 2005-15
Page 4
purpose of enhancing attractiveness, usefulness, value, and desirability of the Subject Property,
the surrounding property, and the public at large and to minimize possible adverse effects on the
public health, safety, peace, and general welfare.
1. Each parcel of the Subject Property shall be developed and used in such a manner
as to enable reciprocal cross access between and among the parcels, regardless of whether the
parcels of the Subject Property are owned or leased by the same or different persons for the
following purposes: a common fire service connection from the public water main to serve
private fire suppression water lines over, under, through and across each of the parcels as shown
on the attached Exhibit"A." No owner of the Subject Property, or any portion of the Subject
Property, 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.
2. At such time any Owner or subsequent owner(s) sells or transfers any parcel or
portion of the Subject Property, Owner or subsequent owner(s) agrees to reserve reciprocal
easements for private fire suppression water lines over, under, through and across each of the
parcels as shown on the attached Exhibit"A." 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 by City officials or their agents and/or any owner of the Subject Property or portion of
the Subject Property and/or the owner's representative, agent, or lessee.
3. Owner or subsequent owner(s) agree to maintain the shared portion of the
common fire suppression water supply service connection and the private fires suppression water
lines according to Fresno Fire Department, Fire Prevention Bureau standards and to pay the
monthly"fire protection service fee" as established in Resolution No. 80-420 (Master Fee
Schedule) and any amendments thereto.
Statement of Covenants
Common Fire Suppression Water Supply Service Connection
PM 2005-15
Page 5
4. Owner or subsequent owner(s) 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. At such time any Owner or subsequent owner(s) sells or transfers any parcel of the
Subject Property, the Owner shall disclose this Statement to the buyer and reserve and except
from the deed for the parcel(s), the terms of this Statement.
6. That City assumes no responsibility or duties by the execution or acceptance by
the City of this covenant not otherwise presently held by the City to anyone, including future
owners, lessors, lessees, invitees, neighboring property owners, or anyone else. The City is not
and will not be responsible for the construction, operation or maintenance of the fire suppression
system contemplated by this covenant.
7. The conditions of this Statement are intended to benefit the public and public
properties as well as properties appurtenant. Failure to comply with the terms of this Statement
may result in the revocation of the Certificate of Occupancy for use of any Parcel of the Subject
property on which such violation occurs. Accordingly, the City of Fresno shall have the right to
enforce this Statement by any legal or equitable means.
8. Each easement, restriction and covenant contained herein shall be for the benefit
of the public and public properties and shall be a burden upon all portions of the Subject Property,
and shall run with the land, and be enforceable as an equitable servitude and shall be binding
upon each successive owner, during its ownership of any portion of the land affected hereby and
each person having any interest herein derived through any owner of the land affected hereby.
This Statement and the restrictions, easements, covenants, benefits and obligations created
hereby shall be binding upon the Owners and their respective successors, transferees and
assigns; provided, however, that if any Owner, transfers any portion or all of its interests in the
Statement of Covenants
Common Fire Suppression Water Supply Service Connection
PM 2005-15
Page 6
Subject Property such that the transferee becomes an Owner, the transferor shall thereupon be
released and discharged from any and all obligations under this Statement, as such Owner, in
connection with the interests transferred by it, but only as to such obligations accruing and to be
performed from and after the date of such transfer; it being understood that such transfer does not
release obligations accrued prior or to such transfer.
9. The conditions and obligations of this Statement shall remain in full force and effect
until such time as the Planning and Development Director and the Fire Chief of the City of Fresno
issue a written release of such conditions and obligations and records such release with the
Fresno County Recorder.
10. The provisions of this Statement shall be deemed independent and severable and
the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall
not affect the validity or enforceability of any other provision hereof. Whenever the context of the
Statement so requires, in interpreting this Statement, any gender includes the other genders, the
singular includes the plural, and the plural includes the singular.
11. All obligations of the Owner and its successors and assigns under this Statement
shall inure solely to the benefit of the City of Fresno. There are no third party beneficiaries of
such obligations nor shall the right of the City of Fresno be transferable in any manner to any
person other than to a successor municipal corporation whose geographic boundaries include the
Subject Property.
J
Statement of Covenants
Common Fire Suppression Water Supply Service Connection
PM 2005-15
Page 7
DATED:
CITY OF FRESNO, OWNER
a Municipal Corporation HORIZON ENTERPRISES,
a California General Partnership
By By:
Randy FOBruegman, Fire Cliief Steven Weil, General Partner
Fire Department
By:
Martin Weil, General Partner
APPROVED AS TO FORM:
HILDA CANTO MONTOY
City Attorn
(Attach Notary Acknowledgments)
By
Deputy
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
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County of
On �&AZOOCQ before me, `!e Irl e ) .
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Date /( Name and�Uer(e.g.,"Jan Notary Public")
personally appeared �/"l(l /o1 ` �rxd � w �(/
Name(s)of signer(s)
ersonally known to me
El proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed
RHAi iEfvc WNIARLY to the within instrument and acknowledged to me that
Commission at 1466423 he/she/they executed the same in his/her/their
Notary PubpC•Cawolrryo authorized capacity(ies), and that by his/her/their
Fresno,Couniv
NN Comm-EXONJan29 21(XIS signature(s) on the instrument the person(s), or the
PMNMP entity upon behalf of which the person(s) acted,
executed the instrument.
WIT S my hand and official seal.
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 Qopum t
Title or Type of Document.
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Document Datek..U/X '/ -
�ZL 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):
L�Rner—❑ Limited ILI-Rl Yleral imenk
INFIRIM1112, ❑ Partner—[I Limited El 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:
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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 February 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
By
Deputy