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HomeMy WebLinkAboutPM 2008-01 - Agreement/Covenant - 12/9/2008 (2) WHEN RECORDED MAIL TO: City Clerk City of Fresno Imfg ubjZ00S01bbo 2600 Fresno Street -- ---- -----•----- Fresno, CA 93721-3603 NO FEE - Government Code 6103 CITY OF FRESNO Fire Department 0 L z 0 L) w w a W J d. STATEMENT OF COVENANTS FOR RECIPROCAL EASEMENTS FOR SHARED FIRE SUPPRESSION WATER SUPPLY SYSTEM FOR PARCEL MAP NO. 2008-01 Statement of Covenants/ Reciprocal Easements for Shared Fire Suppression System Parcel Map No. 2008-01 Page 2 WHEREAS, GYDA LAND COMPANY, INC., a California Corporation, AMENDOLA INVESTMENTS, LLC., a California Limited Liability Company, RICHARD M. AARON AND NANCY S. AARON, Co-Trustees of the Aaron Family Trust Dated October 6, 2006, and BETTYE L. SMITH, a Single Woman, 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, B and C of Parcel Map No. 2008-01 according to the map thereof recorded in Book (a9 of Parcel Maps at Page(s) 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 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 Statement of Covenants/ Reciprocal Easements for Shared Fire Suppression System Parcel Map No. 2008-01 Page 3 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 and capacity forfire 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. 2008-01, 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 Statement of Covenants/ Reciprocal Easements for Shared Fire Suppression System Parcel Map No. 2008-01 Page 4 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 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 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. 2008-01 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. 2008-01 Page 6 DATED: 016CEM Qf R 'z, Zoo CITY OF FRESNO, COVENANTOR a Municipal Corporation GYDA LAND COMPANY, INC., Fire Department A Californ' orporation By: By. M Wald, Pr sident Randy R. Megman, Fire Chi4W .�If AMENDOLA INVESTMENTS, LLC., A California Limited Liability Company APPROVED AS TO FORM: r B JAMES C. SANCHEZ City Attorney Lou Amendola, President -�L � CRICHARD M. AARON AND NANCY S. By: AARON, John W. Fox Co-Trusteesof the Aaron Family Trust Deputy City Attorney Dated October 6, 2006 Date: �� ��ZoD� By: ichard aron By: Nincy S&Aaron BETTYE L. SMITH, a Single Woman By: ! 4TYEE L.V IT CLERK'S CERTIFICATION State of California ) County of Fresno ) On December 2, 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 FR _ Fsy� :14�J Deputy1, 1M1' R�7E0 00' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of R-Esn On � �� efore me,� �1 M 4b U !�� CL1101 ici DateHer Insert Name and Title of the Officer personally appeared G M cr Duy)at d Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(K whose name(Ai isAwe-subscribed to the within instrument and acknowledged to me that he/she44W executed the same in his/1- authorized capacity(i4, and that by his/herftlw_i signature(IQ on the JEAN ISFlIMOTO instrument the person(sk, or the entity upon behalf of a COMM.#1604033 cn NOTARY PUBLIC-CALIFORNIAt:' which the erson� P (&acted, executed the instrument. : FRESNO COUNTY a' My Comm Exp.Sepi.3,2009 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_ 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 J Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—�] Limited ❑ General _ ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑Attorney in Fact • Top of thumb here Top of thumb here ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©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 ACKNOWLEDGMENT State of California ) County of Fresno ) On Q11l�t�s� d 5 x009 before me, fJ lehe K. McLeod Alyn"v alu11h� (here insert name and title of the officer) personally appeared Lou pmei,pro lo-- who o - who proved to me on the basis of satisfactory evidence to be the persons whose name is/fife subscribed to the within instrument and acknowledged to me that he/may executed the same in his, ti:r authorized capacity6e@-), and that by his4wr4hw ir signatur4on the instrument the persona,, 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. �5E"�oFTyF DARLEiVE K. MCLEOD �` .• COMM.#1711385 cn NOTARY PUBLIC-CALIFORNIAE° Signature , FRESNO COUNTY p �"i H`° filly Comm Exp,Jan.14,2031 (Seal) ACKNOWLEDGMENT State of California ) County of_ B Aa ) On tlj/� olrUD? before me, kn_e C LPvd� r GY�i r� (here insert name and title of the officerf personally appeared J�VL who proved to me on the basis of satisfactory evidence to be the person) whose names) is/Q4:G subscribed to the within instrument and acknowledged to me that WsheL hey executed the same in --his/her4heir authorized capacity( ), and that by his/hei;W eir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(e)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. ap��E�oFrys DARLENE K. MCLEOD COMM.#1711385 cn WITNESS my hand and official seal. ° m NOTARY PUBLIC-CALIFORNIA of) v' FRESNO COUNTY �4to,oRNMy Comm Exp.Jan.14,2011 ' Signature - (Seal) ACKNOWLEDGMENT State of California ) County of Fresno ) On August 26, 2008, before me, Donna L. Welker,Notary Public (here insert name and title of the officer) personally appeared Richard M. Aaron and Nancy S. Aaron 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. ELKER Comm. 5211 'n MMACUr20 ALIFORNIA `�'NTY �R.20,2012 Signature �7/7 (Seal) SUBORDINATION The undersigned is holder of the beneficial interest in and under that certain "Deed of Trust With Assignment of Rents" recorded on August 29, 2007, in the Official Records of Fresno County, California, as Instrument No. 2007-0162516, among Gyda Land Company, Inc., a California corporation, as "Trustor", Financial Title Company, a California corporation, as "Trustee", and Copper River Ranch LLC, a California limited liability company, as "Beneficiary" (the "Deed of Trust"). Beneficiary expressly subordinates the Deed of Trust and its beneficial interest under the Deed of Trust to that certain: "Statement of Covenants for Reciprocal Easements for Shared Fire Suppression Water Supply System for Parcel Map No. 2008-01", to which this Subordination is attached, and as the same may be amended in the future according to its terms (the "Senior Instrument"). By executing this Subordination, Beneficiary agrees that should it acquire title to all or any portion of the real property encumbered by the Deed of Trust by foreclosure (whether judicial or non-judicial), deed-in-lieu of foreclosure, or any other remedy in or relating to the Deed of Trust, it will acquire such title subject to the provisions of the Senior Instrument, which shall remain in full force and effect. Dated:-b - y�&I— Z.3 12008 BENEFICIARY Cc er River Ranch, LLC, ..a ' or ' limited liability company Farid Assemi Title: President By: 11X7 ry cDonald Title: First Vice President CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Californian County of n On 0Ck'a( tr�-3 2Di5$ before me, E(( 5-yfxp` C-,• �rt'i4f_? ���a.^u l��c�a�(4� Date T ere ImerIllame anIlTille 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/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 CRISTINI G. LOPEZ instrument the person(s), or the entity upon behalf of Commission# 1552075 which the person(s) acted, executed the instrument. Z ,-� Notary Public-California Z Z Fresno County > I certify under PENALTY OF PERJURY under the laws My Comm.Expires Feb 12,20091, of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature —",�1,4 _e:) Place Notary Seal Above Signature of ITotary Pub tc 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—❑ Limited ❑ General _ ❑ Attorney in Fact • ❑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: 02007 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 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT - State of California County of On ��I � _ before me, �L[�.C�C�GL Date ere Ins Name a Title of the Officer personally appeared 1211 1 , �J Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person() whose name(s) is/ai:e subscribed to the within instrument and acknowledged to me that he/sMrt4iey executed the same in his/rye i"kh& authorized FAMELAA.EURICH capacity(ies), and that by his/4e#t4eir signature(a) on the ComMisslon#1674774 instrument the person(e), or the entity upon behalf of Notary KA*---COMOM1 l which the person(s) acted, executed the instrument. Fresno Courdy ,my Comm.Expires Jun 13,201 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my h and official seal. Place Notary Seal Above Signature Signature of Notary Pub c 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—❑ Limited ❑ General Attorney in Fact • ❑Attorney in Fact • ❑ Trustee Top of thumb here J Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: J Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402•www.NationaiNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 EXHIBIT "All FIRE PROTECTION SYSTEM PARCEL MAP No. 2008-01 ............ 8"F 8"F 87 '_1.x_11 L. iJ _L ILLILILlilih f PARCEL B PARCEL A I 1.37 ACRES 2.51 ACRES -fTFM"_l1_1]JT_rllTl I I I I I I I tiij 8"F D 8"F L F� J_FFTTTM 7--J FIT tz c❑Tl—,m--71 Is :m i % -Ti ag PARCEL C 3.57 ACRES 1 D 0 4- c E 0 ENUE E. COPPER AVENUE ................... PROVOST& 0i w PRITCHARD SCALE IN FEET An EMPloyft 0—d CompenY w 2a6 NEST CROMMLL AVENUE EM,CALIFORNIA559 93711-6162 0 25 50 IGO FR/449-2700 I'M =-9-2715 ppe.q