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HomeMy WebLinkAboutPM 2005-34 - Agreement/Covenant - 9/20/2006 (2) P WHEN RECORDED MAIL TO: 0910511006,20060186131 City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 NO FEE -Government Code 6103 CITY OF FRESNO Fire Department O U. Z O U W U) Q W J CL STATEMENT OF COVENANTS FOR RECIPROCAL EASEMENTS FOR SHARED FIRE SUPPRESSION WATER SUPPLY SYSTEM FOR PARCEL MAP NO. 2005-34 Statement of Covenants/ Reciprocal Easements for Shared Fire Suppression System Parcel Map No. 2005-34 Page 2 WHEREAS, MERIDIAN MAPLE 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 through J, inclusive, of Parcel Map No. 2005-34 according to the map thereof recorded in Book ('060 of Parcel Maps at Page(s) 4q + 4_� , 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. 2005-34 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. 2005-34, 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. 2005-34 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 he 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. 2005-34 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. DATED: 149 CITY OF FRESNO, COVENANTOR a Municipal Corporation MERIDIAN MAPLE LLC, A California Limited Liability Company By: Meridian Property Company, A California Corporation, By: Its Managing Member 67 �. Randy R. Bruegman, Fire hief Fire Department By: William C owell, President and CEO APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney c)�By eputy (Attach Notary Acknowledgments for Covenantor) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFjQRN�A n„40 }SS COUNTY OF ���A L.0 On before me, �o' personally appeared NAME(S)OF SIGNER(S) 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 1117736 which the person(s)acted,executed the instrument. Cortrm�bn#� NotclY putft-cawomic WITN SZand an o i ' I seal. Akmw�lo COUMV My Comm.E*kw May 13,200 SI AT I E OF NOTARY OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT PARTNER(S) LIMITED or GENERAL ATTORNEY-IN-FACT TRUSTEE(S) NUMBER OF PAGES GUARDIAN/CONSERVATOR OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S(OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on September 2, 2005 , in the office of the Fresno County Recorder as Document No. 2005-0205673 of which the Deed of Trust in, by and between: �4eridian Maple LLC, a California limited liability company aS # Grantor, PRLAP, Inc. a North Carolina corporation , as Trustee, and Bank of America, N.A. , a national banking 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. 2005-34. DATED: August 3, 2006 BENEFICIARY Kevin Liu, Vice President (Beneficiary to print/type document info, Name and Title; and attach Notary Acknowledgment) STATE OF CALIFORNIA ) SS. COUNTY OF SANTA CLARA ) On August 3, 2006, before me, Micheline A. Capaci, a notary public in and for said state, personally appeared Kevin Liu, personally known to me (or 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 he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. A6.0"Wft WITNESS my hand and official seal. MICHEIINEA.CAPACI Commission# 1516717 Notary Public-California • Santo Clara County My Comm.Expires Sep 30,2008 (Seal) Signature of otary CLERK'S CERTIFICATION State of California) County of Fresno) On August 29. 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 6 By Deputy ' + Y EXHIBIT "A" FIR AVENUE EAST ; I Bing Bwlftg F I I PARCEL F Builift E F 4- I I I PARCEL J I I I _ I `z I PARCEL E I I PARCELI 8• F--� I PARCEL G I PARCEL H rF 4' TFH I I I oo I Building A I "ftD I I I I I I ( b I I I I PARCEL D PARCEL A'� �-- FH I F8' 11 F8' 8F PARCEL I L_ Bulift C I I Buvmg B Y PARCEL C I I PARCEL B \ z EAST HERNDON AVENUE N Harbour&Associates SCALE 1" = 100' EnOnws 375 Woodworth Avenue,suNe 103.Clovis,Caihxnia 93612 (559)325-7676 +Fu(559)325.7W-e-mWM c@@mmoqn