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HomeMy WebLinkAboutPM 2006-22 - Agreement/Covenant - 12/31/2008 (2) WHEN RECORDED MAIL TO: City Clerk 12/30/2008 20080176701 City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 NO FEE -Government Code 6103 0 LL CITY OF FRESNO Fire Department W a Lu J °' STATEMENT OF COVENANTS FOR RECIPROCAL EASEMENTS FOR SHARED FIRE SUPPRESSION WATER SUPPLY SYSTEM FOR PARCEL MAP NO. 2006-22 Statement of Covenants/ Reciprocal Easements for Shared Fire Suppression System Parcel Map No. 2006-22 Page 2 RECITALS WHEREAS, Valley Capital Partners, 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. 2006-22 according to the map thereof recorded in Book �,b of Parcel Maps at Page(s) q f`� Fresno County Records; and, WHEREAS, the Fresno Municipal Code (FMC), by its incorporation of the 2007 Edition of the California Plumbing Code ("CPC') and the provisions of Section 6-506 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. 2006-22 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 Covenantor 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, the Covenantor hereby grants, promises, and agrees, as follows: 1. Covenantor, and each of them, hereby grant to, and accept from, each other owners of the legal parcels subdivided by Parcel Map No. 2006-22, 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 Statement of Covenants/ Reciprocal Easements for Shared Fire Suppression System Parcel Map No. 2006-22 Page 4 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. Covenantor, 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. Covenantor 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. Covenantor 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. In the event that litigation is instituted to enforce or interpret any provision of this Statement, the parties agree that the prevailing party shall be paid reasonable attorney's fees, costs and litigation expenses. 8. 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 Statement of Covenants/ Reciprocal Easements for Shared Fire Suppression System Parcel Map No. 2006-22 Page 5 and severally binding upon the undersigned and each of their heirs, representatives, successors and assigns. 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. 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. 2006-22 Page 6 Dated: a' ' _3p—oL-;� CITY OF FRESNO COVENANTOR a Municipal Corporation Valley Capital Partners, LLC, A California Limited Liability Company By kBy Randy . Bruegman, Fire Chief ZJo4;, M4ana�ging Member By: Freeman W g, anaging Member APPROVED AS TO FORM: JAMES SANCHEZ City Attorney (Attach Notary Acknowledgments for Covenantor) i""By. J hm W. Fox, Deputy City Attorney Date: i CLERK'S CERTIFICATION State of California ) County of Fresno ) On December 23, 2008, before me, Jennifer Morelos, Deputy City Clerk, City of Fresno, personally appeared, Randy R. Bruegman, Fire Chief, who 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)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. REBECCA E. KLISCH, CMC City Clerk, City of Fresno OF FRS&. Q By * i Deputy t o CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of L05 a On -olt before me, �4,rtyy� 4vr-e6�, Date Here Insert Name and Title of the Officer personally appeared —7'j 17(- y E• A- Name(s)of Signer(s) who 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 EDWARD ANDREW DRAKE he/she/they executed the same in his/her/their authorized Commi:sion#t 1577258 capacity(ies), and that by his/her/their signature(s) on the Notary PUft-CCOOmIa instrument the person(s), or the entity upon behalf of Los Angeles C0unty which the person(s) acted, executed the instrument. My Comm.Expires May 8,2 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature �na,.reNotary 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 C Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General _ ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact • L. Attorney in Fact • ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: v Other: Signer Is Representing: Signer Is Representing:_ ©2007 National Notary Association•9350 De Soto Ave.,PO.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder,Call Toll-Free 1.800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of r 7 � On k �5 . 1 ? , �' before me, 1!_i UtLA Date Here Inser rame and Title of the Officer personally appeared Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s•) whose name(,s is/ subscribed to the within instrument and acknowledged to me that /he%;F ey executed the same in esPerftwir authorised paatyk*, and that by is signature(a)'on the instrument the person(;/, or the entity upon behalf of which the person(,$) acted, executed the instrument. CHUCK JIRD Mill AYANJA I certify under PENALTY OF PERJURY under the laws Commission # 1;13457 x of the State of California that the foregoing h is - 1 Notary Publlc-Ca!if-,nia ; g 9 P ara ra g p Ar,geta Co�tnfy true and correct. My Comm. xpires Oct 9,200n ` WITNESS my hand and official seal. Signature ,2✓�- Place Notary Seal Above Signature Sta u is OPTIONAL Though the information below is not required bj law, it may prove valuable to persons relying on the document and could prevent fraudulent remova 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:�� � �,_jp��} Signer's Name: Ci Individual is Individual Corporate Officer—Title _ D Corporate Officer—Title(s): Partner—❑ Limited General E.1 Partner—.A Limited ❑ General L Attorney in Fact rMIIIIIIIIIIIIIIII ❑Attorney in Fact CJ Trustee Top of,hu nb _l Trustee here Top of thumb here ❑ Guardian or Conservator '7 Guardian or Conservator ,-71 Other: a =Other: Signer Is Representing: _ Signer Is Representing: Cc2007 National Notary Association-9350 De Soto Ave.,PO.Box 2432•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder,Call Toll-Free 1-800-876-6827 ' Statement of Covenants/ Reciprocal Easements for Shared Fire Suppression System Parcel Map No. 2006-22 Page 8 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on fVGu 57 '�r. 7Cc.`I in the office of the Fresno County Recorder as Document No. of which the Deed of Trust in, by and between: Valley Capital Partners, LLC, a California Limited Liability Company as Trustor, and Fidelity National Title Company as Trustee, and Wells Fargo Bank, N.A., 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. 2006-22. DATED: f'L-"oCUe '' 2008 Wells Fargo Bank, N.A., as Beneficary By. By: 6�� SPr (Beneficiary to print/type document data, names and titles; and attach Notary Acknowledgment) Statement of Covenants for Reciprocal Easements for Shared Fire Suppression Water Supply System for Parcel Map No. 2006-22 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on August 31, 2007 as Document No._2007-0164871_ of Official Records, of which the Deed of Trust in, by and between: Valley Capital Partners, LLC, a California Limited Liability Company as Trustor, Fidelity National Title Company as Trustee, and Wells Fargo Bank, N.A. successor by merger to Placer Sierra Bank as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto the foregoing Statement of Covenants for Reciprocal Easements for Shared Fire Suppression Water Supply System for Parcel Map No. 2006- 22. DATED: j1u)e Wells Fargo Bank, N.A. successor by merger to Placer Sierra Bank as Beneficiary (Beneficiary to print/type document data, names and titles; and attach dated Notary Acknowledgments to this document; R1VF_' JUN 19 RECD LBI ; - - CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of 'y On before me, t k L-"? (Here insert name and ritle of the officer) personally app eared �7i who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ANNA HERNANDEZ Commission 1564753 WITNESS m harm and official seal. Notary Pubtk•California Y /// loa Anpelet Cotmty My Comm.ExpYes Mar 26,2009 (Notary Seal) Signature of Notary Public ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative �~ fiacknowledgment verbiage as may be printed on such a document so long as the (Title or description o of attachedd document) verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certijying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required. Number of Document Date Pages • State and County information must be the State and County where the document g _ signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/she/grey-is/are)or circling the correct forms.Failure to correctly indicate this ❑ Individual(s) information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impresc,ion must not cover text or lines. If seal impression smudges, re-seal if a (Title) suff iciLnt area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signatfire of the notary public must match the signature on file with the office of the co_nty clerk. ❑ Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other Indicate title or type of attached document,number of pages and date. Indicate the capacity claimed by the signer If the claimed capacity is a corporate officer,indicate the title(i.e,CEO,CFO,Secretary). • Securf.ly attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com S Statement of Covenants for Reciprocal Easements for Shared Fire Suppression Water Supply System for Parcel Map No. 2006-22 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on April 30, 2008 , as Document No. _2008-0063285_of Official Records, of which the Deed of Trust in, by and between: Valley Capital Partners, LLC, a California Limited Liability Company as Trustor, Fidelity National Title Company as Trustee, and Intervest-Mortgage Investment Company as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto the foregoing Statement of Covenants for Reciprocal Easements for Shared Fire Suppression Water Supply System for Parcel Map No. 2006-22. DATED: O 's 2008 Intervest-Mortgage Investment Company as Beneficiary AW4.SHIf1CiTtN CORP01^120K By: C 6-U N TWIC " E-4P By: (Beneficiary to print/type document data, names and titles; and attach dated Notary Acknowledgments to this document) All-purpose Acknowledgment California only State of California 7 County of S 7e 1_ On before me, �' '!7`� �yry? ��1�% rt'k.�l1(here insert name and title of the officer), personally appeared who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Notary Seal ANNA tiERNANUEZ Commission# 1564153 Notary Pubhc-Callfornla Los ArVelet County 4,My Calm.Expket Mar 26e 2009 ANNA HERNANDEZ r COmmisslon,• 1564753 Z 4�,. Notary Ptd-CaNfomlo Los MY COMM.A�CMar26 2009— Sranner Enabled Stores should ssan this form Manual Submhsion Route to Deposit Operations I DSC53SDca(17-07 113424) F00-OOODSG5350CA-0 I CALIFORNIA NOTARY ACKNOWLEDGEMENT STATE OF Oregon )SS COUNTY OF Clackamas ) On June 3, 2008 before me, Kathleen Spittal Notary Public, personally appeared Dave Clay, who 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/thei authorized capacity0es), and that by his/heF/theif signature(-s)on the instrument the person(a), or the entity upon behalf of which the person(a) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 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