HomeMy WebLinkAboutPM 2011-10 - Agreement/Covenant - Shared Fire Suppression - 3/16/2017 I
Recording Requested By and III I III I III I I I I I I III I I I I III II I I I III I I I II I I I II I I II
Wien Recorded Mad to: FRESNO County Recorder
Paul Dictos, C.P.A.
City Of Fresno
City Clerk DOC— 2017-0033790
Fresno
2600 Fresno Street Thursday, MAR 16, 2017 12:38:26
Fresno,CA 93721-3603 Tt 1 Pd $0.00 Rcpt # 0004731570
RGR/R4/1-11
NO FEE-GOVERNMENT CODE 6103 - -- —
CITY OF FRESNO S1':4CE.4B0►7 FOR RL'CORDER;S(%SE
Fire Department
STATEMENT OF COVENANTS AFFECTING LAND
DEVELOPMENT FOR RECIPROCAL EASEMENT AND
MAINTENANCE OF SHARED FIRE SUPPRESSION WATER
SUPPLY SYSTEM FOR PARCEL II, EE & HH OF PARCEL MAP NO. 2011-10
Statement of Covenants
Reciprocal Easement and Maintenance of Shared Fire Suppression System
Parcels II, EE & HH of Parcel Map No. 2011-10
Page 2
WHEREAS, Michael Pickett, President of 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 in Exhibit A 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 parcel 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
Z
Statement of Covenants
Reciprocal Easement and Maintenance of Shared Fire Suppression System
Parcels II, EE & HH of Parcel Map No. 2011-10
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 Covenantor 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 the attached Exhibit S. No owner shall
Statement of Covenants
Reciprocal Easement and Maintenance of Shared Fire Suppression System
Parcels Il, EE & HH of Parcel Map No. 2011-10
Page 4
interfere, or allow the interference with, the installation,
development and use of the common fire suppression water supply
service connection or the private 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,
administrators, 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.
Statement of Covenants
Reciprocal Easement and Maintenance of Shared Fire Suppression System
Parcels II, EE & HH of Parcel Map No. 2011-10
Page 5
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. 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.
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. No provisions of
this Statement of Covenant may be waived unless in writing and
Statement of Covenants
Reciprocal Easement and Maintenance of Shared Fire Suppression System
Parcels II, EE & HH of Parcel Map No. 2011-10
Page 6
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 Coventors, jointly and
severally binding upon the undersigned and each of his heirs,
representatives, successors, and assigns.
10. At such time as any parcel or portion(s) of the parcel 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 Covenants.
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 Covenants may not be amended
or otherwise altered without express written approval of the City of
Fresno, pursuant to the Fresno Municipal Code.
U`
Statement of Covenants
Reciprocal Easement and Maintenance of Shared Fire Suppression System
Parcels II, EE & HH of Parcel Map No. 2011-10
Page 7
DATED: AlA/ZC/i 164 2lll -7
CITY OF FRESNO, COVENANTORS
A Municipal Corporation Don Pickett & Associate, Inc.,
a California Corporation
FIRE DEPARTMENT
By: B
herrn L. Donis, Fire Chief Michael P. Pickett, President
APPROVED AS TO FORM:
Douglas T. Sloan
City Attor
By
Mary TCRM 4WDoidge
Depoffty City Attorney
(Attach Notary Acknowledgments)
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 February 23, 2017 before me, Lauren Michele Aguilar, Notary Public
(insert name and title of the officer)
personally appeared
Michael P. 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/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.
` LAUREN MICHELE AGUILAR
WITNESS m hand and o icial seal. NOTARY PUBLIC-CALIFORNIA r
a COMMISSION N 2145085
• FRESNO COUNTY
My Comm.Exp.March 4,2020
Signatur eal)
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
CLERK'S CERTIFICATION
State of California )
County of Fresno )
On March 16, 2017 before me, Marco Martinez-Velasquez, Deputy City Clerk, personally
appeared, Kerri L. Donis, Fire Chief, Fire Department 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 OF F
City Clerk, City of Fresno CQj
n ;
- 5
7E.0 pCt.
By�mz'1 i0
Deputy
EXHIBIT A
Parcel 1:
Parcel II of Parcel Map No. 2011-10, in the City of Fresno, County of Fresno,
State of California, according to the map thereof recorded May 9, 2014, in Book
-72 of Parcel Maps pages 20, 21 and 22, Fresno County Records.
Parcel 2:
Voluntary Parcel Merger No. 2017-05, recorded on IKARO/ 7 ZWl
as Document No. Zy/ ? — 06 2 9 761 , of Official Records of
Fresno County, and more particularly described as follows:
Parcels EE and HH of Parcel Map No. 2011-10, in the City of Fresno, County of
Fresno, State of California, according to the map thereof recorded May 9, 2014,
in Book 72 of Parcel Maps pages 20, 21 and 22, Fresno County Records.
Together with underlying fee interest, if any, adjacent to the above described
property in and to the adjoining public right of way.
Resulting in one parcel.
lV
"EXHIBIT B"
PARCELS HH & // OF P.M. 2011-10
CROSS PARCEL FIRE SPRINKLER SERVICE
EASEMENT
PARCEL RR I PARCEL SS I PARCEL TT I
I PARCEL M
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WEST RICHERT AVENUE I I
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I PARCEL N
I PARCEL JJ I PARCEL 11 I PARCEL HH I PARCEL GG I I I
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I PARCEL CC I PARCEL DD I PARCEL EE I PARCEL FF o
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PARCEL O
WEST SWIFT AVENUE
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NOTES
1. ALL FIRE WATER SERVICE EASEMENTS ARE 10'x20'
PREPARm BK ON EACH LOT UNLESS NOTED OTHERWISE.
aDon Pickett&Associates, Inc. 2, LOCATION AS INDICATED BY THE SHADED AREA.
7395 N.Palm Bluffs.Suile 101 Fresno,CA 93711-5739
/559)431-353511c.Mo.541612 3. EASEMENTS ARE TO BE PERPENDICULAR TO
o ADJACENT PROPERTY LINES AS INDICATED.