HomeMy WebLinkAboutPM 2010-07 - Agreement/Covenant - 11/2/2016 (4) • � f
RECORDING REQUESTED BY AND IIII III I IIII II II II IIII III I II 1111111 I IIII�II IIII II
WHEN RECORDED MAIL TO:
FRESNO County Recorder
City Clerk DOC- 2016-0150832
City of Fresno Acct 8004-Placer Title - Fresno ER
2600 Fresno Street Tuesday, NOV 01, 2016 08:00:00
Fresno CA x3721-3603 Tt 1 Pd $49.00 Rcpt # 0004647989
RGR/R4/2-11
NO FEE-Government Code 6103
I
CITY OF FRESNO
Fire Department
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
FOR RECIPROCAL EASEMENTS FOR SHARED FIRE SUPPRESSION
WATER SUPPLY SYSTEM FOR PARCEL MAP NO. 2010-07, PHASE 1
OF VESTING TENTATIVE PARCEL MAP NO. 2010-07
Statement of Covenants/Reciprocal Easements for
Shared Fire Suppression System
Parcel Map No. 2010-07
Page 2
WHEREAS, FRESNO 40 LIMITED PARTNERSHIP LP,a California Limited Partnership and
DEWAYNE ZINKIN FAMILY PARTNERSHIP, LP, a California Limited Partnership, hereinafter
referred to as "Covenantor," is the owner of the real property situated in the City of Fresno, County of
Fresno, State of California, hereinafter referred to as the "Subject Property" and more particularly
described as follows:
Parcels A through P, inclusive, and Outlot A of Parcel Map No. 2010-07
according to the map thereof recorded in Book r�3 of Parcel
Maps at Page(s) `I kra '90 , Fresno County Records;
and
WHEREAS, the Fresno Municipal Code (FMC), by its incorporation of the 2010 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 of Fresno("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,
2
Statement of Covenants/ Reciprocal Easements for
Shared Fire Suppression System
Parcel Map No. 2010-07
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 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. 2010-07, reciprocal easements for
private fire suppression water lines over,under,through and across each of the parcels
as shown on Exhibit "A" attached hereto and incorporated by reference as if fully set
forth herein. 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 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.
Statement of Covenants/Reciprocal Easements for
Shared Fire Suppression System
Parcel Map No. 2010-07
Page 4
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 Statement of 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 Covenant.
7. If either party is required to commence any proceeding or legal action to enforce or
interpret any term or condition of this Statement of Covenant,the prevailing party in such
proceeding or action shall be entitled to recover from the other party its reasonable
attorney's fees and legal expenses. For the purposes of this Statement of Covenant,
"attorneys' fees" and "legal expenses" include, without limitation, paralegals' fees and
expenses,attorneys,consultants fees and expenses,expert witness fees and expenses,
and all other expenses incurred by the prevailing party's attorneys in the course of the
representation of the prevailing party in anticipation of and/or during the course of
litigation, whether or not otherwise recoverable as "attorneys'fees"or as"costs" under
Statement of Covenants/Reciprocal Easements for
Shared Fire Suppression System
Parcel Map No. 2010-07
Page 5
California law, and the same may be sought and awarded in accordance with California
procedure as pertaining to an award of contractual attorneys' fees.
8. The waiver by either parry of a breach by the other of any provision of this Statement of
Covenant shall not constitute a continuing waiver or a waiver of any subsequent breach
of either the same or a different provision of this Statement of Covenant. No provisions
of this Statement of Covenant may be waived unless in writing and signed by all parties
to this Covenant. Waiver of any one provision herein shall not be deemed to be a waiver
of any other provision herein
9. 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 Covenantors and each of their heirs, representatives,
successors and assigns.
10. 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 of Covenant.
11. This Statement of Covenant shall be released in part, or in its entirety, and of no further
effect upon recordation of a written determination by the Fire Chief of the City of Fresno
that its continued existence and enforcement are no longer necessary.
12. The conditions of the Statement of Covenant may not be amended or otherwise altered
without express written approval of the City, pursuant to the Fresno Municipal Code.
Statement of Covenants/Reciprocal Easements for
Shared Fire Suppression System
Parcel Map No. 2010-07
Page 6
DATED:
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
FRESNO 40 LIMITED PARTNERSHIP, LP
Fire Department A California Limited Partnership
By: DEWAYNE ZINKIN FAMILY
PARTNERSHIP, LP
-
B A California Limited Partnership
Kerri Donis Its Sole General Partner
Fire Chief4Fire•Ib4wsh-al
By: ZINKIN MANAGEMENT, LLC
A California Limited Liability
Company
Its Sole General Partner
h,l m=F-M!C 2�
By:
APPROVED AS TO FORM: DeWayn Zinki its Sole Manager
DOUGLAS T. SLOAN
City Attorney DEWAYNE ZINKIN FAMILY PARTNERSHIP,
LP, A California Limited Partnership
By: ZINKIN MANAGEMENT, LLC
By: A California Limited Liability Company
Mary erma oidge Its Sole General Partner
De y City Attorney
/ n By:
Date: (/// eWay ink its Sole Manager
(Attach Notary Acknowledgments)
r
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Fresno )
On September 28, 2016 before me, Mary K. Copeland, notary public
(insert name and title of the officer)
personally appeared DeWayne Zinkin
who proved to me on the basis of satisfactory evidence to be the person(sj whose name.(s--is/are.
subscribed to the within instrument and acknowledged to me that he/sheA4ey executed the same in
his/herr/#h r authorized capacity(ie4), and that by hislhetAhleir signature(s) on the instrument the
person(}, 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. MARY K.COPELANO
Notary Public-California
Fresno County
Commission#►2154984
M Comm.Ex ires Jun 24,2020
Si at (Seal)
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which
this certificate is attached, and not the
truthfulness, accuracy, or validity of that
o
CLERK'S CERTIFICATION
State of California )
County of Fresno )
On October 17, 2016 before me, Cindy J. Bruer, Deputy City Clerk, personally appeared, Kerri
Donis, Fire Chief of the City of Fresno, 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
YVONNE SPENCE, CMC
City Clerk, City of Fresno
OFF FFR1ES
By
eputy
0lti.
4�'E0 00�'
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of
Trust recorded on August 30, 2016, in the office of the Fresno County Recorder as Document
No. 2016-0115717-00, of which the Deed of Trust, in, by, and between: Fresno 40 Limited
Partnership, LP, a California limited partnership, and DeWayne Zinkin Family Partnership, LP, a
California limited partnership, as Trustor, Placer Title Company, as Trustee, and U.S. Bank
National Association, d.b.a., Housing Capital Company, as Beneficiary, hereby expressly
subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of
Covenants Affecting Land Development for Reciprocal Easements for Shared Fire Suppression
Water Supply System for Parcel Map No. 2010-07, Phase 1 of Vesting Tentative Parcel Map No.
2010-07.
Dated: September 29, 2016
BENEFICIARY
U.S. Bank, a National Association,
Successor in interest to Housing Capital
Compa".Minnesota Partnership
,( W v'Ac -
By: i �J
Name: Thomas G. Walker
Title: Senior Vice .President
(Beneficiary to print/type document information.Name,
Title,and attach Notary Acknow1cdgment).
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Fresno )
On September 29, 2016 before me, Mary K. Copeland, notary public
(insert name and title of the officer)
personally appeared Thomas G. Walker
who proved to me on the basis of satisfactory evidence to be the personksj-whose nameksl is/afe—
subscribed to the within instrument and acknowledged to me that he/she4ey executed the same in
his/ho/##@k authorized capacity(ies), and that by his/he;4hQir signaturek4on the instrument the
person(4, or the entity upon behalf of which the persons) 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. MOR Pub CO ID jil
Nolatry PtibNe-California
y FOWcounty Lez
C NWON•2154984
CoSpn,
Jun 24,1010
Si atur (Seal)
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REF-REV CITY 1 OF MtSNO PROD ID.
FUND N0.
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Pur Nos DEPARTMENT OF PUBLIC WORKS DRO.NO.
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RECIPROCAL EASEMENTS FOR DR.Br: vm SHEET NO. 1
BHARED'FIRE SUPPRESSION SYSTEM CH. By: OF ' SHEETS
PARCEL.:MAP-NO.. 2010-07 DATE 10/12/15
- SCALE: AS SHOWN '