Loading...
HomeMy WebLinkAboutPM 2006-02 - Agreement/Covenant - 1/9/2008 (2) WHEN RECORDED MAIL TO: O LL. z O (,) City Clerk LLJ Cityof Fresno V! 2600 Fresno Street W Fresno, CA 93721-3603 12/28/2007,20070227983 J IL 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. 2006-02 Statement of Covenants/ Reciprocal Easements for Shared Fire Suppression System Parcel Map No. 2006-02 Page 2 WHEREAS, MERIDIAN CHESTNUT 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 Parcel A, of Parcel Map No. 2006-02 according to the map thereof recorded in Book r`o 2S of Parcel Maps at Page(s) a?6 , 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, 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 Statement of Covenants/ Reciprocal Easements for Shared Fire Suppression System Parcel Map No. 2006-02 Page 3 and capacity for fire sup pressionsystems and maintain con troIfor 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. 2006-02, reciprocal easements for private fire suppression waterlines 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. 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 Statement of Covenants/Reciprocal Easements for Shared Fire Suppression System Parcel Map No. 2006-02 Page 4 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. In the event that litigation is instituted to enforce or interpret any provision of this \titi Statement, the parties agree that the prevailing party shall be paid reasonab attorney's fees, costs and litigation expenses. 9. 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. 2006-02 Page 5 10. 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. 11. 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. 2006-02 Page 6 DATED: IZ /-26 / z---b7 CITY OF FRESNO, COVENANTOR a Municipal Corporation MERIDIAN CHESTNUT LLC, A California Limited Liability Company By: Meridian Property Company A California Corporation Its Managing Membe By: jZ By:_4 Randy R.19ruegman, Fire Vief William C well, Pres' 7 Fire Department By: CtWc ,cc John J. olloc11 FO APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney By: John W. Fox Deputy City Attorney Date: 1-rd 2-V 07 — r (Attach Notary Acknowledgments) �Yxcx rxKxxmvLlOL'nfx+n<A Mmtrvr+Ci:nO%F(Wn,lrv14[xxOwLtWx,Fn14c.MavrtEC4A,[x L+CxAOwLFOGxExr . 9 State of California R CALIFORNIA ALL-PURPOSE s County of Lp-tA-tc-A 6o5tA ss. CERTIFICATE OF ACKNOWLEDGMENT s# On No j mr f r tb, 1001 , before me, Ve(AS('C2 lie infy PIblr G !II Date Printed Name of Notary Public # e1 S personally appeared 01010'lIM C. QOV411 1110A0 S PO 060k j, Printed Name(s)of Signer(s) - 'personally known to me -or- ❑ proved to me on-the basis of satisfactory evidence: ❑ form(s)of identification _ Y ❑ credible witness(es) R k 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, g executed the instrument. wrmESS my hand and official seal. LUIS F. VELASCO R COMM.# 1515262 r • NOTARY PUBLIC-CALIFORNIA p CONTRA COSTA COUNTY() COMM.EXP.SEPT.11,2008 s � R Signature of Notary Public t (Seal) OPTIONAL INFORMATION s _ A Although the information in this section is not required by law,it could prevent fraudulent removal and reattachment of this Y acknowledgment to on unauthorized document and may prove useful to persons relying on the attached document. - x s Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document Additional Information R titled/for the purpose of tM1 e2 � .f0illSty( AdditionalSlgner(s) ❑ Signer(s)Thumbprint(s) _ Other soe ftASc60 for FAl i >-4p t4b. -L_L,19610_L,19610102 ❑ containing g pages,and dated tl Dy• The signer(s) capacity or authority is/are as: R ❑ Individual(s) ❑ Attorney-in-Fact T1 � Corporate Officer(s) r'ED Title(s) C Fb ❑ Guardian/Conservator ❑ Partner-Limited/General ` ❑Trustee(s) ❑ Other: representing: R Name(s)of Person(s)or Entity(les)Signer is Representing Lx;w9pJlesonxCv1x3w9Ct•,nOxrJrLxtwCu3tMoxx>vtn3wCpJu+oxvJrLu3w•fp1•nWxMCvtn3rv9pvwrylwp3lMOxsJvtn'JwCoiusorvsCVLx3w'At�wouvJvix3w9ciatm O Copyright 2004 Notary Rotary,Inc.925 29th St.,Des Moines,IA 50312-3612 Form ACK02. 02/04. To re-order,call toll-free 1-877-349-6588 or visit us on the Internet at http://www.thenotaryshop.com CITY CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) On 211 7-007 before me, -�— Deputy City Clerk personally appeared eUA- ' personally known to me (or provided 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(s) 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, CMC CITY CLERK EPUTY K:%Maps\Parcel MapslActiva%PM 2006-021Map OocMPM 2006-02 Covenant Shared Fire Suppression v07-11.02.wpd SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on August 31, 2006, in the office of the Fresno County Recorder as Document No. 2006-0183658, of which the Deed of Trust in, by and between: Meridian Chestnut LLC, a California limited liability company, as Trustor with PRLAP, Inc., 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 for Water Supply System for Parcel Map No. 2006-02. DATED: 12-11 6 BENEFICIARY BANK OF AMERICA, N.A., a national banking association By: !��! Timmy Ko Assistant Vice President; Relationship Underwriter STATE OF CaA ss. COUNTY OF /1fY1 '?G6'O) On before me, JAt� o q ` (here insert name and title of the officer) personally appeared -yn 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. L _ Signature (Seal) boon'i z tnr smidifux„oo AW AJunoo oosiouoi j uos DWJIPD - ojjgr%d AwloN I Z 19691 #u0Pwwo3 MUO VNYV EX H 16 I T "A" Building M 4� W F4 • A Building Fq- L� O R+ Building F " F F6" Building FIRE SERVICE, TYP Q' 4' Building Building ,K, F . 'N' Fg Fq F4" --- Building 'A' _ Buildin Building Building. F'_ 'E' 'J' a a 4, Fa" F8' Building FH Fg' H Fe. Building FIRE HYDRANT, TYP B' Building H' Building Building ,G, Fq" L) FB" EAST HERNDON AVENUE Harbour&Associates Civil Engineers 389 Clovis Avenue,Suite 300.Clovis, California 93612 SCALE 1„ = 120 (559)325-7676 ,Fax(559)325-7699 ,e-mailhaceamsr.com n.