HomeMy WebLinkAboutPM 2015-05 - Agreement/Covenant - Shared Fire Suppression Water Supply - 5/22/2017 RECORDING REQUESTED BY AND IIII III I IIII II II IIII I III III I IIII III III!I III II III
WHEN RECORDED MAIL TO:
FRESNO County Recorder
Paul Dictos, C,P,R,
DDC— 2017-0062710
City Clerk Acct 8017-First American Title - Fresno SPL
City of Fresno Monday, MAY 22, 2017 08:00:00
2600 Fresno Street Tt 1 Pd $0.00 Rcpt # @@04771448
Fresno, CA.93721-3603 CRR/R7/2-9
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. 2015-05
Statement of Covenants/ Reciprocal Easements for
Shared Fire Suppression System
Parcel Map No. 2015-05
Page 2
WHEREAS, ISLAND AIRWAVES, INC., a Hawaii Corporation, 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 D, inclusive, and Outlot A of Parcel Map No. 2015-05
according to the map thereof recorded in Book of Parcel
Maps at Page(s) - t 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. 2015-05
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, G.ovenantors 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. 2015-05, 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. 2015-05
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. 2015-05
Page 5
8. The wa.iver 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. 2015-05
Page 6
DATED: M A Y I Zci /
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
ISLAND AIRWAVES, INC..
Fire Department A Haw ' C ora ion
4 BV__ By:
K rri Donis, Fie Chief Lyman dward Johnson, Jr., Secretary-
Authorized Officer
(Attach Notary Acknowledgments)
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
By: '
Ma aterman-Doidge
puty City Attorney
Date:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
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 )SS
COUNTY OF
On MPQ- ',k-\ Ze2 , before me,H S?V, �V�4biDU6firrA►- Notary Public, personally appeared
Lyman Edward Johnson,Jr.
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. ME BREANN GOLBACH
Notary Public •California
Signatur Z ,=m Monterey County z
Z Commission # 2163028
My Comm.Expires Aug 19,2020
This area for official notarial seal.
I � '
OPTIONAL SECTION - NOT PART�OF NOTARY ACKNOWLEDGEMENT
CAPACITY CLAIMED BY SIGNER
i Though statute does not require the Notary to fill in the data below,doing so may prove invaluable to persons relying on the
documents.
INDIVIDUAL
XJ CORPORATE OFFICER(S) Secretary TITLE(S)
LJ PARTNER(S) ❑ LIMITED ❑ GENERAL
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TRUSTEE(S)
L] GUARDIAN/CONSERVATOR
❑ OTHER
I Af�2.WfFvES-
SIGNER IS REPRESENTING: $LAIJ
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Name of Person or Entity Name of Person or EntityOPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT
Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form.
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW
TITLE OR TYPE OF DOCUMENT:
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SIGNER(S) OTHER THAN NAMED ABOVE _
Reproduced by,First American Title Company 11/2007
I
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 May 1, 2017 before me, Cindy Bruer, 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
City Clerk, City of Fresno
OF FRES
By Com'+ o
D uty
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EXHIBIT "A"
L p _47
EXISTING 6' EASEMENT FOR WATER PIPELINE GRANTED PAR p SO' 8�L MAPS
TO BAKMAN WATER COMPANY RECORDED APRIL 26, MA PA
OF FRESNO COUNTY1974 IN BOOK 3�INSTRU PAGE3 TFNo.F 31225CIAL.RECORDS K ��SN���uN Ty REGARDS
FRE 6'
— — — — — — — — — — — — — — — — — — — — — — — —
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FIRE HYDRANT
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J OU TLOT A
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EAST KINGS CANYON ROAD
A.P.N. LEGEND
463-060-20
O POINT OF FIRE SERVICE CONNECTION TO
CITY WATER MAIN
D PARCELS OF PARCEL MAP No. 2015-05
SHARED FIRE SERVICES
SCALE: 1" = 100' PREPARED BY
100 50 0 100 R. W. GREENWOOD ASSOCIATES, INC.
2558 EAST OLIVE AVENUE
SCALE IN FEET FRESNO, CALIFORNIA 93701
Ph. (559) 268-7831
PLOT VIEW: EXHIBIT A
AUTOCAD ID: 15031.DWG
REF. & REV. CITY OF FRESNO PROD. ID.
FUND N0.
DEPARTMENT OF PUBLIC WORKS ORG. NO.
RECIPROCAL EASEMENTS FOR DR. BY PWL SHEET NO.
SHARED FIRE SUPPRESSION SYSTEM CH. BY
DATE 2/28/17 OF SHEETS
PARCEL MAP No. 2015-05 SCALE AS SHOWN