HomeMy WebLinkAboutPM 2005-30 - Agreement/Covenant - 8/15/2007 (2) Imo'
WHEN RECORDED MAIL TO: IIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIII
FRESNO County Recorder
Robert C. Werner
City Clerk DDC— 2007-0126631
City of Fresno Acct 4-Fidelity National Title Company
2600 Fresno Street Friday, JUN 29, 2007 08:00:00
Fresno, CA 93721-3603 Ttl Pd $0,00 Nbr-0002543441
RGR/R4/1-12
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. 2005-30
Statement of Covenants/Reciprocal Easements for Shared Fire Suppression System
Parcel Map No. 2005-30
Page 2
WHEREAS,JORDAN M. FREEMAN,a married man as his sole and separate property,JARED
T. FREEMAN, a married man as his sole and separate property, SPENCER J. FREEMAN, a married
man as his sole and separate property and SARA FREEMAN, a single woman, all as Tenants in
Common, 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 D, inclusive, of Parcel Map No. 2005-30 according to
the map thereof recorded in Book 69 of Parcel Maps at
Page(s) 5cR -�' S3 , 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
Statement of Covenants/Reciprocal Easements for Shared Fire Suppression System
Parcel Map No. 2005-30
Page 3
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. 2005-30, 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
• Statement of Covenants/Reciprocal Easements for Shared Fire Suppression System
Parcel Map No. 2005-30
Page 4
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
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.
Statement of Covenants/Reciprocal Easements for Shared Fire Suppression System
Parcel Map No. 2005-30
Page 5
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. 2005-30
Page 6
DATED: 014 A 07
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
446an M. Free an,
By: married man as hi le and separate property
Randy R. 87uegman, Fire ON& -n
Fire Department */ ' - *A01
Jar T. Freeman,
a married an as his sole d separate property
APPROVED AS TO FORM:
P c . Freeman,
a married man as his sole and separate property
JAMES C. SANCHEZ
City Attorney
Sara Freeman, a tgle woman
�Z�"
All as Tenants in Common
By:
John W. Fox
Deputy City Attorney
Date: .0 (Attach Notary Acknowledgments)
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
ss
COUNTY OF Frzsr%o )
On ?, 'Zoo-1 , before me,
Notary Public, personally appeared c du,,, NA
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.
C .SCA
Signature of Notary Public
C.REED
_ Commission# 1459519
Notary Public•California
Fresno County
O- MyComm.
Expires Dec?0,2007
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ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss
COUNTY OF f:YZSyyo )
On _�a� 7 ccy-n , before me, C . V-4�e_j ,
Notary Pu lic, personally appeared '�U.P-d T G:u W'-C� ,
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 en�ity upon behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal.
C , ela-CA
Signature of Notary Public
C.REED
Commission# 1459519
a(0MVComm.Expke3Dec?0.2007i Notary Public•California
Fresno County
{MM W/ADMINH 156823.DCX')
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
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COUNTY OF ll )
On , 'Zwn , before me, C Q2ee1 ,
NotaryPublic, personally appeared 6PW CAu' J. tet►v�G�►-� ,
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.
CC.REED
Signature of Notary Public _0MYComm.
Commission# 1454519
Notary Public-California
Fresno County Expires Dec?0,2007
{MMW/ADM1NYI56823.DOC}
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ACKNOWLEDGMENT
STATE OF CALIFORNIA )
ss
COUNTY OF
On '3��'ZEx>�7 , before me, 9-e-c- CJ ,
Notary Public, personally appeared Si�rG �1'P�rncu ,
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.
C• QV_j
Signature of Notary Public
_ C.REED
Comm�ion#1459519
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Notary Pubo -
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CLERK'S CERTIFICATION
State of California)
County of Fresno)
On June 14, 2007, before me, Sherrie L. Badertscher, Deputy City Clerk, personally
appeared, Randy R. Bruegman, Fire Chief, Fire Department, 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
De of