HomeMy WebLinkAboutPM 2006-09 - Agreement/Covenant - Shared Fire Suppression Water Supply - 7/23/2018 l , IIII��I I IIII II I�IIII�(�II�I I I I�I�I�I III I I
RECORDING REQUESTED BY AND FRESNO County RecorderPaul Dictos, C,P,A,
WHEN RECORDED MAIL TO: DOC— 2018-0087035
Acct 8017-First American Title - Fresno SPL
Monday, JUL 23, 2018 08:00:00
City Clerk Tt 1 Pd $52.00 Rcpt # 0005036768
City of Fresno ARG/R3/2-12
2600 Fresno Street
Fresno, CA 93721-3603
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8'lrlgxX
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. 2006-09
Statement of Covenants/ Reciprocal Easements for
Shared Fire Suppression System
Parcel Map No. 2006-09
Page 2
WHEREAS, JAGM PROPERTIES, LLC, A California Limited Liability Company and
NORANGE, LLC,A California Limited Liability Company,Tenants in Common, 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 B, C and D of Parcel Map
�7No..2006-09 according to the map
thereof recorded in Book l of Parcel Maps at
Page(s) 7 7 -, 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,
2
Statement of Covenants/Reciprocal Easements for
Shared Fire Suppression System
Parcel Map No. 2006-09
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. 2006-09, 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
Statement of Covenants/ Reciprocal Easements for
Shared Fire Suppression System
Parcel Map No. 2006-09
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.
Statement of Covenants/Reciprocal Easements for
Shared Fire Suppression System
Parcel Map No. 2006-09
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.
s
Statement of Covenants/Reciprocal Easements for
Shared Fire Suppression System
Parcel Map No. 2006-09
Page 6
DATED:
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
JAGM PROPERTIES, LLC,
Fire Department A California Limited Liability Company, and
NORANGE LLC,
A California Limited Liability Company,
As Tenants in Common
. B :
.�"�'C ice-
B
Y Y
_ (WHARDjU. CABRAL oseph Pehanick, Managing Member
()cPU7w I=1Rf CHIEF
APPROVED AS TO FORM: (Attach Notary Acknowledgments)
DOUGLAS T. SLOAN
City Attorney
By:
Ma terman-Doidge
D ty City Attorney
Date: 7 46:ZIA
.
CALRIFORNIA ALL-PURPOSE ACKNOWLEDGMENT' CIVIL CODE§ 1189
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 riot the truthiulness,accuracy, or validity of that document.
State ofCalifornia )
County of )
On V
Da te
Here Insert Name and Title of the Officer
personally '' — - ------v -----------' '-----'-----'------...............----.--..... ........................................................ .....
Na,ne(s) o/3igner(s)
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who proved to noa on the basis of satisfactory evidence to be the paraon(�) ehoae nanne(M is/are
subscribed to the within instrument and acknowledged to me that executed the same in
his/her,44-,eir authorized ca,pacity(iea� and that by his/hawAUc-�r signature(q)on the instrument the person(s),
or the entity upon behalf of which the person(t) acted, eXeCUted the instrument.
| certify under PENALTY OFPERJURY Linder the laws
of the State of California that thokovagoing paragraph
iutruaand correct.
WITNESS my hand and official seal.
0 NOTARY PUBLIC-CALIFORNIA G)
I&COMMEXPIRES MARCH 19,201 L
' Signa�una
Signature lotary Public
-
Place Notary Seal Above
OPTIONAL
Though this section is optional, cunrp/ebhg this information can deter alteration of the ohoonerd or
fraudulent reattachment ofthis form tomnunintended document.
/
Description mfAttached D
Title or Type of Document: _�=�ZJ���L���!�� Documen1 Date:
Number of Pages. � Signar(s) Cthur, Than Nanoed Above: _____..............._....________
Cmpacdy(ima) Claimed bySigmer(s)
Signer's Name: _............... _ ...... Signer's Namo::_____ ......... ____________________
� lCorporate Off icer -- TlUe(s): � !CorporateO�icer -- T�|�u)� ................ ...
_________
1 | Partner — Limited | Genara| ' Partner — i ' Limited [ ] Genena|
Individual ! �Attorney inFact Individual Attorney inFact
Trustee 1Guardian orConservator i�-�Trustee L.' GuardionorConservator
!lUthec _ _ �� Other:
Signer Is Representing. Signer Is Representing: _________...............________
__ __________ ......... _______ _..._______...__............
_________
(02O14National Notary Association ^www.NitioouNohaty.org ` 1'8UO'USNOTARY(1-OOO-878-0827) |tenn#5007
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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 July 6, 2018 before me, Marco Martinez-Velasquez, Deputy City Clerk, personally appeared,
Richard L. Cabral, Deputy 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 �y OF pAFsy
City Clerk, City of Fresno
1�
oq ti,
7"ED Do
By �—
Deputy
i
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on
November 4, 2011 in the office of the Fresno County Recorder as
Document No. 2011-0150167 of which the Deed of Trust in, by and between:
JAGM PROPERTIES LLC and NORANGE LLC as Trustor,
AMERICAN SECURITIES COMPANY as Trustee,
and WELLS FARGO BANK. NATIONAL ASSOCIATION , 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. 2/006-09.
DATED: 5za�
BENEFICIARY
(,(I r;U S FA260 eA NK, 1\1, TtONAL AS100,q 0o q
By:
Name: Roberto Padilla
Title: Vice President
By:
Name:
Title:
(Beneficiary to print/type document
information, Name, Title and attach Notary
Acknowledgment)
1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
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
On 5/z, l Z o A, before me, j.SI I�{�� JC Ua
�rJ. �of
�ffj
�/6 Date Q / 1Here Inseand Tier
personally appeared 1� ohe+�:"�(�i Pod �r o
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the persor4a) whose name(s) is/aFe
subscribed to the within instrument and acknowledged to me that he/sl-)e/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* acted, executed the instrument.
certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
DESIRE CIOCHON WITNESS my hand and official seal.
Comm.#2145691
! NOTARY PUBLIC-CALIFORNIA N
CONTRA COSTA COUNTY
MY COrr.Ecv.MAIL 10,2020 Signature 4
Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(tes) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s):
❑Partner — ❑Limited ❑General ❑Partner — ❑Limited ❑General
❑Individual ❑Attorney in Fact ❑Individual ❑Attorney in Fact
❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator
❑Other. ❑ Other:
Signer Is Representing: Signer Is Representing:
02016 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907
EXHIBIT"A"
SHEET I OF 2
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 23,
TOWNSHIP 14; SOUTH, RANGE 20 EAST, MOUNT DIABLO BASE AND
MERIDIAN. ACCORDING TO THE OFFICIAL PLAT THEREOF, IN THE
CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST
QUARTER; THENCE NORTH 00°10'42" EAST. ALONG THE WEST LINE
OF SAID SOUTHEAST QUARTER, A DISTANCE OF 243.11 FEET;
THENCE NORTH 89°23'04" WEST, A DISTANCE OF 36.00 FEET TO THE
TRUE .POINT OF BEGINNING; THENCE CONTINUING ALONG
PREVIOUS LINE. A DISTANCE OF 278.43 FEET: THENCE SOUTH
68006'56" EAST, A DISTANCE OF 58.69 FEET; THENCE NORTH 78008'04"
EAST. A DISTANCE OF 38.71 FEET; THENCE NORTH 33°08'04" EAST, A
DISTANCE OF •'_5.55 FEET; THENCE NORTH 62°18542" WEST, A
DISTANCE OF 10.28 FEET TO THE INTERSECTION POINT WITH A NON-
TANGENT CURVE TO THE LEFT, CONCAVE NORTHERLY, WITH A
RADIAL BEARING TO SAID POINT OF SOUTH 5902544" EAS"I_; THENCE
SOUTHWESTERLY, ALONG SAID NON-TANGENT CURVE WITH A
RADIUS OF 44.00 FEET THROUGHT A CENTRAL ANGLE OF 98055'57",
AN ARC DISTANCE OF 75.97 FEET TO THE BEGINNING OF A REVERSE
CURVE "1-0 THE LEFT, CONCAVE SOUTHWESTERLY: THENCE
NORTHWESTERLY, ALONG SAID CURVE WITH A RADIUS OF 41.00
FEET THROUGH.A CENTRAL ANGLE OF 40°07'09", AN ARC DISTANCE
OF 28.71 FEET, THENCE SOUTH 89°23104" WEST, A DISTANCE OF
283.21 FEET: THENCE SOUTH 00°10'42" WEST, A DISTANCE OF 10.00
FEET, TO THE TRUE POINT OF BEGINNING.
17-346\fire covenant[0
CENTER 1/4 COR. SEC 23-14/20 EXHIBIT "A" SHEET 2 OF 2
POINT FALLS ON MANHOLE, FD
2-3 FOOT TIES, CR 0402
1------------------ LINE TABLE
0 LINE LENGTH BEARING
I �
LINE TABLE L1 36.00' N89.23'04"E
L2 58.69' S68'06'56"E
LO RADIAL BEARING L3 38.71' N78'08'04"E
00
1 1 R1 S59'25'44"E L4 25.55' N33'08'04"E
N I R2 N39'30'1 YE L5 10.28' N62'18'42"W
m J L6 10.00' S00'10'42"W
rn o
1
111
111 1 1
r,7) J
n
i N I
W I
o ^ n 6=40'07'09"
a
106 ad R=41.00' >(�
00 I L=28.71' —
w z \
L5
C 1O ro I S89'23'04"W 283.21' _ R
1-4
N89'23'04"E 278.43'
N I L1 6=260'14'18"
1 TRUE POINT R=44.00' �+
1 v rl L=199.85'
OF BEGINNING to
0 co
pZ
I�
N 104
N POINT OF COMMENCE ENT
W I
N 1
SOUTHWEST COR. OF SOUTHE ST
-t QUARTER OF SEC 23-14/20 .D.B.& M.
0
r
0
0
z
1 EAST NORTH AVENUE
I
\� I
- --- - ---- ----------------
BASIS OF BEARINGS
89'57'00"W
VSOUTH
LINE OF THE SOUTHEAST
QUARTER OF SECTION 23-14/20
BASIS OF BEARINGS: M.D.B.& M.
THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION
23, T.14 S., R.20 E. M.D.B.& M. TAKEN AS N 89'57'00" E PROFESS/ON
AS SHOWN ON PARCEL MAP NO. 97-01 RECORDED JUNE O q�
19, 1997 IN BOOK 58 OF PARCEL MAPS AT PAGES 2 & 3,
FRESNO COUNTY RECORDS.
LEGEND: GCS. Z SCALE: 1" =50'
� �
(...) RECORD DATA PER PM 97-01, BK 58, �[ No. 30501 0 25' 50'
PAGES 2&3 OF PARCEL MAPS, F.C.R. s
EXISTING PROPERTY LINE T9TF OF CA `�FOe� APN. # 487-140-32
F.C.R. FRESNO COUNTY RECORDS 2-8-2018
O.R.F.C. OFFICIAL RECORDS OF FRESNO COUNTY PREPARED BY'
AREA TO BE DEDICATED YAMABE & HORN ENGINEERING, INC.
FOR SHARED FIRE SERVICES 2985 NORTH BURL AVE. SUITE 101
FRESNO, CA 93727
17-346