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Home My WebLink AboutPM 2015-11 - Agreement/Covenant - Shared Fire Suppression Water Supply - 4/18/2018 t g RECORDING REQUESTED BY AND IIII III I IIII II II IIII I II II III 01 Ilil9 I IIII III�!lil WHEN RECORDED MAIL TO: FRESNO County Recorder Paul Dictos, P.A.C, DDC— 2018-0045255 City Clerk Acct 8017-First American Title - Fresno SPL City of Fresno Wednesday, APR 18, 2018 08:00:00 2600 Fresno Street Ttl Pd $0.00 Rcpt # 0004980538 Fresno, CA 93721-3603 ARG/R 3/1-S NO FEE - Government Code 6103 -- -- - — -- - 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. 2015-11 Statement of Covenants/ Reciprocal Easements for Shared Fire Suppression System Parcel Map No. 2015-11 Page 2 WHEREAS, WHEREAS, CRAIG M. LOSEE AND LAURA K. LOSEE REVOCABLE TRUST DATED JULY 7 , 1995, 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 and B of Parcel Map No. 2015-11 according to the map thereof recorded in Book of Parcel Maps at Page(s) 6.2-1 ; �1 Z 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. 2015-11 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. 2015-11, 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. 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 3 Statement of Covenants/Reciprocal Easements for Shared Fire Suppression System Parcel Map No. 2015-11 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. 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 California law, and the same may be sought and awarded in accordance with California procedure as pertaining to an award of contractual attorneys' fees. l Statement of Covenants/Reciprocal Easements for Shared Fire Suppression System Parcel Map No. 2015-11 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. 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. 2015-11 Page 6 DATED: 201t CITY OF FRESNO, COVENANTOR a Municipal Corporation CRAIG M. LOSEE AND LAURA K. LOSEE Fire Department REVOCABLE TRUST DATED JULY 7, 1995 By: - Kerri Donis �7 Fire Chief � �✓ By: Craig M. Losee, Trustee By: Laura K. Losee, Trustee APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney (Attach Notary Acknowledgments) By: Ma erman-Doidge uty City Attorney Date: 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 Sa n Lu 47bti�a o ) On IVnVen'l.bR,r before me, AQL r-C,I 6LFkarftf:�mP (insert name and tle of the o er) personally appeared CC'rtiu M. LoSee✓ (3AeL L.&Kr'o-K. LoSee- who proved to me on the basi of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sh /they executed the same in his/her/their authorized capacity(ies), and that by hWUerAheir 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. MARCIA THOMEY Notary Public-California z WITNESS my hand and official seal. z San Luis Obispo County z Commission#2175476 D My Comm.Expires Jan 11,2021 Signature (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 document CLERK'S CERTIFICATION State of California ) County of Fresno ) On March 28, 2018 before me, Marco Martinez-Velasquez, Deputy City Clerk, personally appeared, Kerri Donis, Fire Chief, Department of Fire 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 FRFs City Clerk, City of Fresno * - yQ * C' n Cq'TED 00•�1 By '--f)J4�z Ae4;k Deputy 8 _ I 4-4 { I I I i/ii�i�/i.%i viii. III I I I I I-III - I� PROPOSED PARCEL B I PM 2015-11 i• �—I III —�'! PROPOSED j. i PROPERTY .LINE I I I PROPOSEDPM 2015 PARCEL BI II I � I II .� ih IIII ,� II -IIII RISER ING FIRE /z, II EXISTING FIRE / i— —�% I II Ii RISER �� III 6' _FIRE it II /ir/moi/iiiiii�ii/moi II I Fl III II I - - -_ - II I I c 1 ,1 I I - I . I I I II II ' • APN. 479-320,-18, I APN 479--320..-.43 i I I 2885 E. JENSEN AVE I 2865 E: JENSEN AVE I I I I I II I I I ' I I I III III I I I I SII I I i EXISTING 6" FIRE SERVICE SCALE: 1" = 60' I � I II . - . - . _ - f . TIT._ . . . . . i5 — IT --W— �.t4--s T —— —— — Ir 1 48 SS ———— t8•• ——— — — — — — — — -— IT (12-0 •367 )————(12"VI)—— (I Z LV)———(i 2 W)————(12-W) —— �N — . — . — . — . — . — — 100 F JENSEN AVENUE Ref.&Rev. CITY OF FRESNO EXHIBIT A Vamabe _ac Horn Dr.BY MG 1dJ, Engineering, Inc. PARCEL MAP 2015-11 ch.By DH -CIVIL.ENGINEERS• LAND SURVEYORS CRAIG & LAURA LOSEE Date: . 5/16/17 2985 N.8LIRLAVENLIEsurrE101 FRESNO CA93727 YH Job No. 15-354 TEL(559)244-3123 WEBSITE YANDHENGRCOM SHARED FIRE SERVICE EXHIBIT Sheet No. 1 of 1 Sheets F\ ()15\15-�Sd\rlwn\Fvhihitc\15-�5d FIRFr1wn