HomeMy WebLinkAboutPM 2006-24 - Agreement/Covenant - 8/14/2007 When Recorded Mail to: Illi III III 1111111 IN 1111111111111111111 IN I III
City Clerk FRESNO County Recorder
City Of Fresno Robert C, Werner
2600 Fresno Street DOC— 2007-0134843
Fresno,CA 93721-3603 Acct 7-North American Title Company Inc.
Friday, JUL 13, 2007 08:00:00
Ttl Pd $0.00 Nbr-@002554351
RGR/R4/1-10
NO FEE-GOVERNMENT CODE 6103
CITY OF FRESNO SPACE ABOVE FOR RECORDER'S USE
Planning and Development Department
P.W. File No.
STATEMENT OF COVENANTS AFFECTING LAND
DEVELOPMENT FOR RECIPROCAL EASEMENTS AND
MAINTENANCE OF SHARED FIRE SUPPRESSION WATER
SUPPLY SYSTEM FOR PARCEL MAP NO. 2006-24
Statement of Covenants
Reciprocal Easements and Maintenance of Shared Fire Suppression System
Parcel Map No. 2006-24
Page 2
WHEREAS, Donald V. Pickett & Linda M. Pickett, trustees of the
Pickett Family Revocable Trust dated October 26, 1998 and Donald V.
Pickett, General Partner, Linda M. Pickett, General Partner of Picketts'
Ponderosa Construction, L.P., a California Limited Partnership, 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 F, inclusive, of Parcel Map No. 2006-24 according to
the map thereof recorded in Book 6,2of Parcel Maps at Page(s)511 60
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 parcel 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
a
3
Statement of Covenants
Reciprocal Easements and Maintenance of Shared Fire Suppression System
Parcel Map No. 2006-24
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, 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. 2006-24, 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
Statement of Covenants
Reciprocal Easements and Maintenance of Shared Fire Suppression System
Parcel Map No. 2006-24
Page 4
interfere, or allow the interference with, the installation,
development and use of the common fire suppression water supply
service connection or the private 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 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,
administrators, 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.
Statement of Covenants
Reciprocal Easements and Maintenance of Shared Fire Suppression System
Parcel Map No. 2006-24
Page 5
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 Coventors, jointly and
severally binding upon the undersigned and each of his heirs,
representatives, successors, and assigns.
8. At such time as any parcel or portion(s) of the parcel 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 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.
t�-,
Statement of Covenants
Reciprocal Easements and Maintenance of Shared Fire Suppression System
Parcel Map No. 2006-24
Page 6
DATED: �7 O
CITY OF FRESNO,
A Municipal Corporation
By: By: A
Keith Bergthold, AeS-t@ Director Randy R. Brue an,
Planning and DevelopmenttASs#s'fQNr Fire Chief
Department FIRE DEPARTMENT
COVENANTORS
Donald V. Pickett & Linda M. Pickett, Trustees of the Pickett Family Revocable
Trust dated October 26, 1998.
By: -
r ' By:
Dona d V. Pickett, Trustee Linda M. Pickett, Trustee
Picketts' Ponderosa Construction, L.P., A California Limited Partnership.
By: By:
y Linda —. Pickett,
Donald V. Pickett,
General Partner General Partner
APPROVED AS TO FORM:
James C. Sanchez
City Attgrnpy -JJy
By'
Deputy (Attach Notary Acknowledgments)
CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO)
On July 11, 2007, before me, Elvia Sommerville Deputy City Clerk City of Fresno,
personally appeared, Keith Berqthold Assistant Planning and Development Director
and 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
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.
REBECCA E. KLISCH
CITY CLERK, CMC
By
Deputy
"EXHIBIT A "
P.M. 2006-24
CROSS PARCEL FIRE SPRINKLER SERVICE
EASEMENT
NOTES
1. ALL FIRE WATER SERVICE EASEMENTS ARE 10'x20'
ON EACH LOT UNLESS NOTED OTHERWISE.
N 2. LOCATION AS INDICATED BY THE SHADED AREA.
N 3. EASEMENTS ARE TO BE PERPENDICULAR TO
N ADJACENT PROPERTY LINES AS INDICATED.
N
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N A T T. — — — _ — —
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W PARCEL A I PARCEL B I PARCEL C I PARCEL D I PARCEL E I PARCEL F
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20' TYP.
20' M. I 20' TYP.
20 TYP. I 20' TYP. i �10, TYP.
20' TYP. i 10' TYP.
10' TYP.
WEST SPRUCE AVENUE
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2
PREPARED BY'
Don Pickett&Associates, Inc. y
AW(559)
395 N.Pa/m Bluffs,Suite f0>Fiesno,CA 93 7 1 1-573 9
431-3535 LIC.No.541612
State of California }
} ss.
County of Fresno }
On February 27, 2007 before me, Lauren Michele Aguilar Notary Public, personally
appeared Donald V Pickett Trustee and Linda M. Pickett Trustee, personally known to me (or
proved to me on the bases of sat"SfaGtOry evidenGe) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that heishe/they executed the same
in h+sthef/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. ®
of LAUREi��sfliV"HELC A&UIL.AR
�(s'� C0!M1i1. #14U159 :000
NOTARY PUBLIC-CAL'IfL*NU\ CO
p MMA COUNTY
41 4.••O my Comm.Exp.Jan.26,A08
Signature 2 (Seal)
Notary Name: Lauren Michele Aguilar Notary Phone: (559)431-3535
Commission#: 1465159 Madera County My Commission Expires: January 26, 2008
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: Statement of Covenants Affecting Land Development for Reciprocal
Easements and Maintenance of Shared Fire Suppression Water Supply System for Parcel Map
No. 2006-24
Number of Pages: 9 including this page
�ti
State of California }
}ss.
County of Fresno }
On February 27 2007 before me, Lauren Michele Aguilar Notary Public, personally
appeared Donald V. Pickett General Partner of Picketts' Ponderosa Construction, L.P._and
Linda M Pickett General Partner of Picketts' Ponderosa Construction, L.P. personally known to
me to be the person(s) whose name(s)
Ware subscribed to the within instrument and acknowledged to me that he/sloe/they executed the
same in his�/their authorized capacity(ies), and that by histher/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.
LAUREN MICHELE A6UILAR
COMM, c#1465159 �
oc N01"A 3Y PUBLIC-CALIFORNIA zA
AADEM COUNTY
My Comm,Exp.Jan.29,2009
Signatur 121,44 eal)
/4W4
Notary Name: Lauren Michele Aguilar Notary Phone: (559)431-3535
Commission#: 1465159 Madera County My Commission Expires: January 26, 2008
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: Statement of Covenants Affecting Land Development for Reciprocal
Easements and Maintenance of Shared Fire Suppression Water Supply System for Parcel map
No. 2006-24
r
Number of Pages: 10 including this page l