HomeMy WebLinkAboutPM 2011-10 - Agreement/Covenant - 5/12/2014 (4) WHEN RECORDED MAIL TO:
City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603
05/09/2014,20140051942
NO FEE - Government Code 6103 - - - -
CITY OF FRESNO
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STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
FOR RECIPROCAL EASEMENTS FOR SHARED FIRE SUPPRESSION
WATER SUPPLY SYSTEM FOR PARCEL MAP NO. 2011-10
Statement of Covenants/Reciprocal Easements for
Shared Fire Suppression System
Parcel Map W. 2011-10
Page 2
WHEREAS, BRAWLEY BUSINESS PARK,LLC,a California Limited Liability Company and
DON PICKETT & ASSOCIATES, INC., a California Corporation, 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 follows
Parcels A through KKK, inclusive, of Parcel Map No. 2011-10 according
to the map thereof recorded in Book 7.2 of Parcel Maps at
Page(s) _b.21 f ,D _ , 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,
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,
Statement of Covenants/Reciprocal Easements for
Shared Fire Suppression System
Parcel Map No. 2011-10
Page 3
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. 2011-10, reciprocal easements for
private fire suppression water lines over, under, through and across each of the parcels
as shown on Exhibits"A", "B", "C"and"D"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.
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
Statement of Covenants/Reciprocal Easements for
Shared Fire Suppression System
Parcel Map No. 2011-10
Page 4
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.
S. 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
California law, and the same may be sought and awarded in accordance with California
procedure as pertaining to an award of contractual attorneys' fees.
Statement of Covenants/ Reciprocal Easements for
Shared Fire Suppression System
Parcel Map No. 2011-10
Page 5
8. The waiver by either party 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. IVo 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. 2011-10
Page 6
DATED: d (2IL 2S, f�
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
BRAWLEY BUSINESS PARK, LLC,
Fire Department a California Limited Liability Company
By: `` By: !/
Kerri Donis Donald V. Pi •kett, resident
Fire Chief/Fire Marshal
r
By: _
Michael Pickett, Vice President
APPROVED AS TO FORM:
DOUGLAS T. SLOAN DON PICKETT & ASSOCIATES, INC.,
City Attorney a California Corporation
By:
Mary Raterman-Doidge
wf�
o"Deputy City Attorney By'
Michael Pickett, President
Date: 42t 1 /N
(Attach Notary Acknowledgments)
CLERK'S CERTIFICATION
State of California )
County of Fresno )
On May 1, 2014 before me, Sherrie L. Badertscher, Deputy City Clerk, personally appeared,
Kerri Donis, Fire Chief/Fire Marshal, Fire Department , 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
By Y '
a �
Deputy
State of California
County of Fresno
On March 25, 2014 before me, Lauren Michele Aguilar, Notary Public, personally
appeared Michael Pickett and Donald V. Pickett who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) Mare subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in hWherhheir
authorized capacity(ies), and that by h,�g/hef/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,,. LAUiREN N11CHELE AGUILAR
NOTARY PUBLIC CALIFGRNIA
-~ COMMISSION a 19EiBssG c,
FRESNO COUNTY
J{ MyCtJmm FXp Feuru,)ry2 20th
Notary Name Lauren Michele Aquila,, Notary Phone (559) 431-3535
Commission #: 1968249 County: Fresno Commission Expires: Feb. 2, 2016
Additional Information:"Statement of Covenants Affecting Land Development For Reciprocal Easements For Shared Fire
Suppression Water Supply System For Parcel Map No.2011-10"
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on
December 24, 2013 in the office of the Fresno County Recorder as
Document No. 2013-0172200 of which the Deed of Trust in, by and between:
Don Pickett & Associates, Inc. as Trustor,
First American Title Company , as Trustee,
and Brawley Business Park, LLC. 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. 2011-10.
DATED: March 21, 2014
BENEFICIARY
BY �--.
��
Donald V. Pickett
Name:
Title: President
By: 40 A,/��
Name: Michael Pickett
Title: Vice-President
(Beneficiary to print/type document
information, Name, Title and attach Notary
Acknowledgment)
State of California
County of Fresno
On March 25, 2014 before me, Lauren Michele Aguilar, Notary Public, personally
appeared Michael Pickett and Donald V. Pickett 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/sVe/they executed the same in hWhef/their
authorized capacity(ies), and that by hi '/hr/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.
111111411111 116 16 111,11,��
WITNESS m hand and official seal. ` LAUREN MICHELE AGUILAR
y i rvarApv PUBLIC CALIFORNIA
r COMMISSION # 1968249
FRESNO COUNTY
j1 { My Corvm Exp February 2 ; g f
/ju
Notary Name Lauren Michele Aguilar Notary Phone (559) 431-3535
Commission #: 1968249 County: Fresno Commission Expires: Feb. 2, 2016
Additional Information:"Subordination'
"EXHIBITA "
P.M. 2011-10
CROSS PARCEL FIRE SPRINKLER SERVICE
EASEMENT
PARCEL A I PARCEL B I PARCEL C I PARCEL D I PARCEL E
I I I I
I 20' TYP.
10' TYP. J 20' 'n?. I
WEST ASHCROFT AVENUE
10' TYP. 'I F` 20' TV.
20' TYP. r
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•- - •- - --�— ®— -- - - - - —�— - - T— - -
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W I I I
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NOTES
71
1. ALL FIRE WATER SERVICE EASEMENTS ARE 10'x20'
L PREPARED BY ON EACH LOT UNLESS NOTED OTHERWISE.
AP Don Pickett&Associates, /nc. 2. LOCATION AS INDICATED BY THE SHADED AREA.
73951V Palm B/offs,SuA'e 101 Fiesno, CA 93711-5739
A
(559)431-3535Lic.No.541612 3. EASEMENTS ARE TO BE PERPENDICULAR TO
a
ADJACENT PROPERTY LINES AS INDICATED.
u
i
SHEET 1 OF 4
"EXHIBI T B"
P.M. 2011-10
CROSS PARCEL FIRE SPRINKLER SERVICE
EASEMENT
Ui
Q I PARCEL F I PARCEL G I PARCEL H I I PARCELcx20' TYP
l
PARCEL J I _
WEST ASHCROFTA VENUE
kl I I I
PARCEL HHH I PARCEL GGG I PARCEL FFF PARCEL K
I I
a l I I I � 20' TYP.
+I 20' TYP. O .20' TYP.
m . 20 TYP —r
m l I O I I F—10' TYP.
J I I i 10' TYP.uj
PARCEL CCC j PARCEL DDD .
a l I I PARCEL EEE I p PARCEL L
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AAID
WEST HOLLAND AVENUE
W I 110' TYR r
U I PARCEL UU I 20' �` TM — —— --—
Q I I PARCEL SS
a l I PARCEL TT I j PARCEL M
W I
NOTES
0
z
PREPARED BY.• 1. ALL FIRE WATER SERVICE EASEMENTS ARE 10'x20'
ON EACH LOT UNLESS NOTED OTHERWISE.
Don Pickett&Associates, 1170. 2. LOCATION AS INDICATED BY THE SHADED AREA.
Suite 101Fiesno,CA 937115739
A&773951V,-a1mB1mffs
(559)431-3M5IIn No.541612 3. EASEMENTS ARE TO BE PERPENDICULAR TO
ADJACENT PROPERTY LINES AS INDICATED.
W
SHEET 2 OF 4
"EXHIBIT C"
P.M. 2011-10
CROSS PARCEL FIRE SPRINKLER SERVICE
EASEMENT
cf
W I I I PARCEL TT
V I PARCEL RR I PARCEL SS
aj j I I i PARCEL M
I I I I
� — -- � — - - — •- -- - - •- -
WEST RICHERT AVENUE
u,
Y I I I I �I
PARCEL N
W I PARCEL JJ I PARCEL lI I PARCEL HH I PARCEL GG
al I I I Y
a m l I I I o 120' TYP.
LU QI 10'
PARCEL CC I PARCEL DD I PARCEL EE I PARCEL FF j
al I I I I I o
PARCEL O
WEST SWIFT AVENUE
I I I
JI I I I I I
x U I PARCEL S I PARCEL R I PARCEL Q I PARCEL P — —•— — •— — .—
J
1
K
0
NOTES
1. ALL FIRE WATER SERVICE EASEMENTS ARE 10'x20'
L PREPARED er. ON EACH LOT UNLESS NOTED OTHER�gSE.
Aw Don Pickett&Associates, /nc. 2. LOCATION AS INDICATED BY THE SHADED AREA.
c 7395 N.Palm Bluffs,Suite 101 Ffesno,CA 93711-5739
A (559)431-3535Lic.No.541612 3. EASEMENTS ARE TO BE PERPENDICULAR TO
ADJACENT PROPERTY LINES AS INDICATED.
SHEET 3 OF 4
' • 11 11
EXHIBIT D
P.M. 2011-10
CROSS PARCEL FIRE SPRINKLER SERVICE
EASEMENT
I I I
I I i i i
i I PARCEL NN I PARCEL 00 I PARCEL PP I PARCEL QQ
I I 20' TYP.
10' TYP. -I 20' TYP.
WEST RICHERT AVENUE — — —
i 10' Tr.j---
--I 20' TYP.
Lu
I 20' TYP. I I I
j I I PARCEL MM I PARCEL LL I PARCEL KK
i W l I
3 I PARCEL -- -- - - . — �_— .- - —� — - -
a m l
a I =
I
i i I PARCEL Z I PARCEL AA I PARCEL 88
N Z I 20' TYP. I I o
10' TYP. j 20' TYP.
� . —L — - - - -. P777M _ . - - .� .- - . _ a
� I
a
WEST SWIFT AVENUE
PARCEL X
I I I PARCEL W I I I
x I PARCEL V I PARCEL U I PARCEL T
a
W
NOTES
0
' 1. ALL FIRE WATER SERVICE EASEMENTS ARE 10'x20'
LPREPARED BY ON EACH LOT UNLESS NOTED OTHERNSE.
JW(559)
Don Pickett&Associates, Inc. 2. LOCATION AS INDICATED BY THE SHADED AREA.
395).Palm B/offs,Suite 101 Fiesmo,CA 93711-5 739
a431�?535Lic.No.541612 3. EASEMENTS ARE TO BE PERPENDICULAR TO
ADJACENT PROPERTY LINES AS INDICATED.
SHEET 4 OF 4