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Home My WebLink AboutPM 2008-02 - Agreement/Covenant - 7/7/2009 (2) WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 0710612009,20090090680 NO FEE - Government Code 6103 CITY OF FRESNO Fire Department O u- Z O V W cn a Lu J a STATEMENT OF COVENANTS FOR RECIPROCAL EASEMENTS FOR SHARED FIRE SUPPRESSION WATER SUPPLY SYSTEM FOR PARCEL MAP NO. 2008-02 Statement of Covenants( Reciprocal Easements for Shared Fire Suppression System Parcel Map No. 2008-02 Page 2 WHEREAS, COPPER & MAPLE ASSOCIATES, LLC, a Delaware 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 F, inclusive, of Parcel Map No. 2008-02 according to the map thereof recorded in Book X09 of Parcel Maps at Page(s) Q5� Q(, 71� 9� 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 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. 2008-02 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 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. 2008-02, 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. 2008-02 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 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 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. 2008-02 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. 2008-02 Page 6 DATED: �uaE Z y,2,009 CITY OF FRESNO, COVENANTOR a Municipal Corporation COPPER & MAPLE ASSOCIATES, LLC, a Delaware Limited Liability Company Fire Department By: v: By: car Randy R. 5ruegman, Fire efiief Robert . Wilson, Truste Wilson Family 2004 Trust, Managing Member APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney By: d9L ('),]:a John W. Fox Deputy City Attorney Date: s�.?9 20 n�' CLERK'S CERTIFICATION State of California ) County of Fresno ) On June 29, 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 hislher/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,& By Deputy q�reo oot' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California (�� County of X� �MO_Q is On A x �1 before me, A '*Q�X u'- k aC Date Here-{ Here Insert Na,�and Title o he Ofter personally appearedO Name(s)of Signer(s) e who proved to me on the basis of satisfactory evidence to be the person¢&) whose name(&} is/aye subscribed to the within instrument and acknowledged to me that he/sla�y executed the same in his/her4hQ r authorized MA,21A CARMEN ORTEGA capacity(ios), and that by his/herheir signature(s) on the 0' My Commission# 1657434 instrument the person(.&), or the entity upon behalf of Notary Public-County lawf lith the perso*) acted, executed the instrument. Los Angeles County Comm.Expires May 7,201 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNES md and off' ' IIQseeal. 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:'jlwt &e.�.ft Document Date: SW3&Q& C� J ��TVUmbLd�'d00 .'�P Signer(s) Other Than Named Above: � �� t.J 0 . 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 - _ ElAttorney in Fact • ElAttorney in Fact • ' ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Aigner�resetri irg 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 U D - MAPLE AVENU� PIP Ii ion r- 1 1fdr m E --, a"F r— O FE I 1"' c� / �� $ _ —i N C/) r-- CD -m- � � co Cn - 6"F N HI J }T ' 't.... J 1 _M L�3�2 j i GI � ;J > � T9 T � 33 �mmv Kv .