HomeMy WebLinkAboutPM 2007-12 - Agreement/Covenant - 6/29/2009 WHEN RECORDED MAIL TO:
City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603
06/26/2009120090087050
NO FEE - Government Code 6103
CITY OF FRESNO
Fire Department
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STATEMENT OF COVENANTS FOR RECIPROCAL EASEMENTS FOR
SHARED FIRE SUPPRESSION WATER SUPPLY SYSTEM FOR
PARCEL MAP NO. 2007-12
Statement of Covenants/Reciprocal Easements for
Shared Fire Suppression System
Parcel Map No. 2007-12
Page 2
WHEREAS, RICHARD HOLM, DVM, and MARIAN HOLM, Husband and Wife as Community
Property, 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. 2007-12 according to
the map thereof recorded in Book of Parcel Maps at
Page(s) q-3 4 -! Y 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. 2007-12
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 capacityforfire 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. 2007-12, 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. 2007-12
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. In the event that li'tiga'tion 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
and severally binding upon the undersigned and each of their heirs, representatives,
successors and assigns.
Statement of Covenants/ Reciprocal Easements for
Shared Fire Suppression System
Parcel Map No. 2007-12
Page 5
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. 2007-12
Page 6
DATED:
CITY OF FRESNO, COVENANTOR
a Municipal Corporation RICHARD HOLM, DVM, and MARIAN HOLM,
Fire Department Husband and Wife as Community Property
By: (� �-r✓ A
Randy R. Equegman, Fire Chtef By. �
RICHARD HOLM, D' M
APPROVED AS TO FORM: MARIAN HOLM
JAMES C. SANCHEZ
City Attorney
By: (::)bL �) li�x
John W. Fox
Deputy City Attorney
(Attach Notary Acknowledgments)
Date: q "Lr� �►7
CLERK'S CERTIFICATION
State of California )
County of Fresno )
On May 14, 2009, 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.
/ 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 FRer
By �/ •
Deputy =
09 �
40 11.
R'rfD OOS'
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Fr-c3 n r
On S S-kf P�7 before me, Cpry�yc-� 121. myyi•�l�.�_ t lycl!5 , f o� 6f%e-.
Date ' r Here Insert Name and Title of the Officer T—�
personally appeared R z,-y, r(
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
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
m* which the person(s) acted, executed the instrument.
�p�OF T.. CAROLYN M.MOORADIAN�
4 � COMM.#1593848
m NOTARY PUB LIC-CALIFORNIA I certify under PENALTY OF PERJURY under the laws
FRESNO COUNTY of the State of California that the foregoing paragraph is
°gt,roa'P My Comm Exp.July 8,2009 true and correct.
WITNESS my hand and official seal. 7�,
Signature
Place Notary Seal Above tSignature of Notary 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
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
El Partner—L1 Limited ❑ General _ El Partner—L1 Limited ❑ General _
❑ Attorney in Fact IWIMMej 11 ❑ Attorney in Fact • -'
❑ Trustee Top of thumb here ❑Trustee Top of thumb here _
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
I
XX
@2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded
on Al?r[ ; OXa , in the office of the Fresno County Recorder as
Document No. — 0053453 1 of which the Deed of Trust in, by and between:
Rtn-" Idt�YiA D V Vv� avyd k&n CU14 I Was Trustor,
n V ( r , as Trustee,
ande�([�_TV C(.� Q��l�Lr ��'1�t')'l (A VtU L I--(,. �CL�� , 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. 2007-12.
DATED:
BENEFICIARY
By:4;
IE E WILLIAMS
VICE PRESIDENT
COMMERCIAL LOAN OFFICER
By:
(Beneficiary to prinUtype document data,
names and titles; and attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of heSf10
On G�Jr xjfu 2 2004 before me, ECTidL0 ISNA1, N6lm-i RAA,
,J Date Here InserY Name and Title of the Officer
personally appeared ,e,f'ff1V1je. W1)1lW!1S
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(s-) whose names) is/are subscribed to the
within instrument and acknowledged to me that
FARMAN ISM AIt 44e/sheAhey executed the same in 4+is/her/their authorized
Commission # 1738317 capacity(ies), and that by--Iris/her/fir signature-W on the
Z -u Notary Public -California ; instrument the person(s), or the entity upon behalf of
Fresno County which the erson acted, executed the instrument.
Comm.E�c�n�JU 21,2011 p )
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 jocial seal.
Signature ` u&b`J'
Place Notary Seal Above Signature of Notary 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
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General _ _ ❑ Partner—El Limited Ll General
El Attorney in Fact ❑ Attorney in Fact •
❑ Trustee Top of Ihumo here ❑Trustee Top of thumb here
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
I I
02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402-www.NalionalNolaryorg Item 45907 Reorder:Call Toll-Free 1-800-876-6827
EXHIBIT "A"
WATER CONNECTION
ASHLAN AVENUE BY CITY OF FRESNO
EAST
f EXISTING 12" -�
WATER MAIN
rte_ 8" FIRE PARCEL B
f l�� SERVICE
o _
wt
PARCEL A
-- FUTURE
C 13 o BUILDING
11
0 I
i
8" FIRE
EXISTING SERVICE r,
8" WATER I
MAIN
SERVICE _ _ f
FUTURE '
8" FIRE BUILDING
SERVICE
� WATER
CONNECTION
BY CITY PARCEL C �
OF FRESNO
i
FUTURE
BUILDING — —
PARCEL D
o SCALE: 1 "=50'
' EFN�GIN1�EERI 3 INC.1E
SHAREDFIRE SERVICE ' 20210N.L ENGINEERS / IANNDFRESNO,UVEYO 8727
PARCELMAP N0. 2007- 12 559 252-7223 FAX 559 252-4748
EXHIBIT »A" BY FNR/LAP DATE 1-15-09
FIELD BOOK PAGE JOB N0. 07-014
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