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HomeMy WebLinkAboutT-5029 - Agreement/Covenant - 2/15/2005 (4) When Recorded Mail To City Clerk City of Fresno 2600 Fresno Street Fresno, Ca 93721-3603 �01011Z00Z,100Z0173102 NO FEE - Govt. Code 6103 PW File: 10439 (T-5007) CITY of FRESNO APN 577 - 010 -02, 07 Fire Department JAF: 9976 N Winery Ave (Lot 1, T-5007) STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT For Temporary Emergency Fire Only Lane WHEREAS, DeYoung Communities,Inc., a California Corporation and Country Club Development at the Fort, LLC, a California Limited Liability Company, hereinafter referred to as the "Covenantors", without regard to number or gender, are the owners of certain real properties in the City of Fresno, County of Fresno, State of California, hereafter referred to as the "Subject Property" and more particularly described in the attached Exhibit "A"; and, WHEREAS, the Covenantors hereby warrant that any and all parties having record title interest in the Subject Property which may ripen into a fee have subordinated to this instrument and that all such instruments of Subordination, if any, are attached hereto and made part of this instrument; and WHEREAS, Condition No. 41 of the Conditions of Approval of Vesting Tentative Map No.5007, dated November 7, 2001 issued by the City of Fresno and any amendments thereto and incorporated into this Statement of Covenants by this reference, require certain measures be taken in order for fire protection services to be provided until the City of Fresno's permanent Fire Station No. 21 is fully operational; V STATEMENT OF COVENANTS TEMPORARY EMERGENCY FIRE ONLY LANE PAGE 2 and WHEREAS, the subdivider of said Vesting Tentative Map No.5007 (hereinafter, "subdivision") has proposed in addition to said Condition No. 41, to enable the issuance of the remaining building permits beyond those building permits issued under the terms of said Condition No. 41, to provide and maintain a temporary emergency only fire lane between existing temporary Fire Station No. 21 and the subdivision over and across the Subject Property: and WHEREAS, the Fresno City Fire Department by memorandum to the Planning Division dated August 30, 2002 (attached as Exhibit B) affirmed that said subdivider can satisfy said Condition No. 41 by providing and maintaining a temporary emergency only fire lane in accordance with the provisions in Exhibit B; and WHEREAS, said subdivider has agreed, under the terms of the Subdivision Agreement for the Final Map of Tract No. 5007, to construct the temporary emergency fire only lane on the Subject property in the manner described in Exhibit B at the location more particularly described and shown in Exhibit A. COVENANTS, CONDITIONS AND RESTRICTIONS COVENANTORS hereby covenant that the Subject Property shall be held, conveyed, encumbered, used, occupied, developed, maintained, and improved subject to the following covenants, conditions, and restrictions, which are for the purpose of enhancing attractiveness, usefulness, value, desirability, and safety of the Subject Property, the surrounding property, and the public at large, and to minimize possible adverse effects on the public health, safety, peace, and general welfare. 1. Each of the covenants, conditions, and restrictions contained in this Statement shall run with the Subject Property and shall be binding upon and inure to 1: STATEMENT OF COVENANTS TEMPORARY EMERGENCY FIRE ONLY LANE PAGE 3 the benefit of each successive owner of the Subject Property and his heirs, administrators, successors, and assigns. 2. Covenantor shall maintain the temporary emergency fire only lane at the location described and shown in Exhibit A and maintain the all weather surface road to comply with the fire lane specifications in Exhibit B. 3. The foregoing conditions shall remain in full force and effect until such time that the Fire Chief of the City of Fresno issues a written release of such conditions and obligations and records such release with the Fresno County Recorder. 4. The provisions of this Statement shall be deemed independent and severable and the validity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceablility of any one provision or -- portion hereof. Whenever the context thereof 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 Subject Property owned by the undersigned, jointly and severally binding upon the undersigned and each of their heirs, representatives, successors and assigns. 1/ // ..c STATEMENT OF COVENANTS TEMPORARY EMERGENCY FIRE ONLY LANE PAGE 4 DATED: 2002 CITY OF FRESNO, COVENANTORS, a Municipal Corporation DeYoung Communities, Inc. a California Corporation By: By: Michael E. Smith, Fire Chief Jerry DeYou resident Fire Department Country Club Development at the Fort, LLC a California Limited Liability Company APPROVED AS TO FORM: By: Central Pacific Builders, Inc. HILDA CANTO-MONTOY a California Corporation, Member City Attome By: By: Steve Lutton, President Deputy By: Omega Developers, LLC a California Limited Liability Company, Member By. LE 'Amber .cDonald, Member (Attach Notary Acknowledgment) T-5007 COV-Fire Only Lane 9/10/02 STATE OF CALIFORNIA, COUNTY OF Fresno } S.S. On September 13, 2002 , before me, Anna M. Renna a Notary Public in and for said County and State, personally appeared Jerry A. DeYoung personally known to me (OF PFOYOd 18 FRO OR FOR NOTARY SEAL OR STAMP to be the persono whose name(p) is/wle subscribed to the within instrument and acknowledged to me that ANNA M. RENNA he/ executed the same in his/h�ir ' '. 8 y � `� ', COMM.#1231165 W authorized capacity@es), and that by his/bsFM*0 m a, NOTARY PUBLIC-CALIFORNIA W si nature on the instrument the arson m PRINCIPAL OFFICE IN X g p Of FRESNO COUNTY the entity upon behalf of which the person(K `4,* My Commiitlon Eup.Aug.30.2003 acted, executed the instr ment. WITNESS my h d a ffic Is Signat STATE OF CALIFORNIA, COUNTY OF } S.S. On , before me, a Notary Public in and for said County and State, personally appeared personally known to me (Or proved to me On FOR NOTARY SEAL OR STAMP 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. WITNESS my hand and official seal. Signature TE 180 Lepel(284) This form is furnished by Chicago Title Company s CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I State of Califo i ss. i County of z./,Qiy) Lp i, ' __� On efore me, r� Date Name and Title of Officer(e.g.,"Jane Doe.Notary Public") ((� personally appeared L_ ,��J ` Names)of Signers) t I ersonally known to me ❑ proved to me on the basis of satisfactory I� evidence 15 l •I to be the person(.%Kwhose name / re i' subscribed to the within instrument and ) acknowledged to me that he/she/they executed i TAUNAROTHER IEL the same in his/her/their authorized ) Comtnlasion#1351178 capacity(ies), and that by his/her/their Notary Public-CalNomla signature(s)on the instrument the person(s),or Fresno County the entity upon behalf of which the person(s) %MYC&m.Ex0maApr13,2008 acted, exec ed the inst nt. l; WI y hand seal. i> Signetu of Notary Pudic I»�11 ,l OPTIONAL i I" Though the lnforinedon below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document i I Title or Type of Document: Document Date: Number of Pages: ••i Signer(s)Other Than Named Above: I' f? Capacity(les)Claimed by Signer I Signer's Name: ❑ Individual Top of thumb here ( ❑ Corporate Officer—Title(s): ❑ Partner—❑Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: J l Signer Is Representing: ( I 0 1999 National Notary Association-9350 De Sob Ave.,P.O.Box 2402-Chatsworth,CA 91313-2102-www.nabonalnotary.org Prod.No.5907 Reorder:Cal Toll-Free 1-900.676-927 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califomia ss. County of I• lei .o On o2_0AQ before me, ate and of Oil cer(e.g.,"Jane .Notary Pud c") personally appeared Names)of Signers) *Ke'rsonally known to me ❑ proved to me on the basis of satisfactory ( evidence I to be the person whose name( is re TAUNAiiTHERMEL subscribed to the within instrument and ! commission#1351179 acknowledged to me that he/she/they executed I I � Notary PubUc-Califomia the same in his/her/their authorized Fresno Cauft capacity(ies), and that by his/her/their WComm.E)OmsApr 13,2008 signature(s)on the instrument the person(s),or l the entity upon behalf of which the person(s) acted,executed the instrument. ) I. S my hand and official seal. I' re of Notary Pudic fI 1 OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent ) fraudulent removal and reattachment of this form to another document. 1 Description of Attached Document I Title or Type of Document: �? 1 Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: He ❑ Individual Top of thumb here I ❑ Corporate Officer—Title(s): I ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: I Signer Is Representing: 0 1NN9 National Notary Assocarbon•050 De Sao Ave.,P.O.Box 2402•Chatsworth.CA 91313-2102•www rabonakgtary.oeg Prod.No.5907 Reorder:Ga Toa-Free 1-800-87641827 CLERK'S CERTIFICATION STATE OF CALIFORNL4 ) COUNTY OF FRESNO ) CITY OF FRESNO ) On September 27,2002, before me,Elvia Sommerville, Deputy City Clerk,personally appeared, Michael E. Smith,Fire Chief,known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)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(s)the person(s), or the entity upon behalf of the City of Fresno of which the person(s)acted,executed the instrument. WITNESS my hand and official City Seal. REBECCA E. KLISCH City Clerk BY�.�.thGlJ� Deputy SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on August 30, 2002, as Document No. 2002 - 0149095, Official Records, in the office of the Fresno County Recorder, of which the Deed of Trust in, by and between TRUSTOR: DeYoung Communities, Inc., a California Corporation and TRUSTEE: Fidelity National Title Company, a California Corporation, and BENEFICIARY: California Bank&Trust, a California Banking Corporation, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Covenant Affecting Land Development For Temporary Emergency Fire Only Lane. BENEFICIARY: CALIFORNIA BANK&TRUST a California Banking Corporation BY: BY: DATED: / O ' 2002 (Attach Notary Acknowledgments) STATE OF CALIFORNIA, COUNTY OF Fresno } S.S. On September 13, 2002 , before me, Anna M. Renna a Notary Public in and for said County and State, personally appeared Richard J. Audino mewm is (or proved to me on FOR NOTARY SEAL OR STAMP the basis of satisfactory evidence) to be the person() whose names Islam subscribed to the within instrument and acknowledged to me that T 4 ...... ANNA M. RENNA he/sheliiley executed the same in his/her/lhek- ¢ COMM.#1231165 I) authorized C aci y m e NOTARY PUBLIC-CALIFORNIA M ap ty(iee), and that b his/hel'Aheir m PRINCIPAL OFFICE IN FRESNO COUNTY signatureol on the instrument the person(o), Or °+.o« My Cortxnission Exp.Aug.302003 the entity upon behalf of which the person($) acted, executed the ins ent. WITSS my d d e Signa re STATE OF CALIFORNIA, COUNTY OF } S.S. On , before me, a Notary Public in and for said County and State, personally appeared personally known to me (or proved to me On FOR NOTARY SEAL OR STAMP 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. WITNESS my hand and official seal. Signature TE leo LWW(2-e4) This form is furnished by Chicago Title Company SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on March 29, 2002, as Document No. 2002 - 0052921, Official Records, in the office of the Fresno County Recorder, of which the Deed of Trust in, by and between TRUSTOR: Country Club Development at the Fort, LLC, a California Limited Liablility Company, and TRUSTEE: Fidelity National Title Company, a California Corporation, and BENEFICIARY: Housing Capital Company, a Minnesota Partnership, hereby V . expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Covenant Affecting Land Development For Temporary Emergency Fire Only Lane. _ BENEFICIARY: HOUSING CAPITAL COMPANY a Minnesota Partnership BY: BY: DATED: ✓e r L 3 , 2002 (Attach Notary Acknowledgments) STATE OF CALIFORNIA, COUNTY OF Fresno } S.S. On September 13, 2002 , before me, Anna M. Renna a Notary Public in and for said County and State, personally appeared Thomas G. Walker (or proved to me on FOR NOTARY SEAL OR STAMP the basis of satisfactory evidence) to be the person whose name(pj is/aF&subscribed to the within instrument and acknowledged to me that he/sheflhey executed the same in his/hedtheir r- ,�� :��.:r ANNA M. RENNA authorized capacity(i", and that b his/heFAheiF cc a COMM.#1231165 00 Y m e NOTARY PUBLIC-CALIFORNIA W signature(p) on the instrument the personw, or m PRINCIPAL OFFICE IN M ��( FRESNO COUNTY .... the entity upon behalf of which the person My Commission Exp.Aup.30,2003 acted, executed the in ent. WINE S d i se . Sig tur STATE OF CALIFORNIA, COUNTY OF } S.S. On , before me, a Notary Public in and for said County and State, personally appeared personally known to me (or proved to me on FOR NOTARY SEAL OR STAMP 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. WITNESS my hand and official seal. Signature TE 160 Lepel(2-94) This form is furnished by Chicago Title Company A.P.N.: 577-010-02, 577-010-07 LEGAL DESCRIPTION Portion of Property Owned by: DeYoung Communities, Inc. Parcel 1 That portion of the West One-half of the Northwest quarter of Section 14, Township 12 South, Range 20 East, Mount Diablo Base and Meridian, according to the Official Plat thereof bounded and described as follows: Commencing at the Northwest comer of the Northwest quarter of said Section 14; thence South 00°41'26'West along the West line of the Northwest quarter of said Section 14, a distance of 1,320.68 feet to the True Point of Beginning; thence South 89012'37' East, a distance of 1,344.76 feet to a point of intersection with the East line o'f the West One-half of the Northwest quarter of said Section 14,thence South 00°50'06'West,along the East line of the West One-half of the Northwest q(.iter of said Section 14 a distance of 20.00 feet; thence North 89°12'37' West, a distance of 1,344.71 feet to a point of intersection with the West line of the Northwest quarter of skid Section 14;thence North 00°41'26'East along the West line of the Northwest quarter of said Section 14, a distance of 20.00 feet to the True Point of Beginning: Area: 26,895 sq. ft. - 0.62 acres. EXHIBIT "A" Page 1 of 3 A.P.N.: 577-010-07 LEGAL DESCRIPTION Portion of Property Owned by: Country Club Developers at the Fort Parcel 2 That portion of the Southeast quarter of the Northwest quarter of Section 14,Township 12 South, Range 20 East, Mount Diablo Base and Meridian, according to the Official Plat thereof bounded and described as follows: Beginning at the Northwest comer of the Southeast quarter of the Northwest quarter of said Section 14; thence South 89012'37' East, along the North line of the Southeast quarter of the Northwest quarter of said Section 14, a distance of 1,344.77 feet to a point of intersection with the East line of the Northwest quarter of said Section 14,said point also being the Northeast comer of the Southeast quarter of the Northwest quarter of said Section 14,thence South 00058'45'West, along the East line of the Northwest quarter of said Section 14 a distance of 20.00 feet, thence North 89012'37' West, parallel to and 20.00 South of the North line of the Southeast quarter of the Northwest quarter of said Section 14, a distance of 1,344.72 feet to a point of intersection with the West line of the Southeast quarterof the Northwest quarter of said Section 14;thence North 00050'06'East along the West line of the Southeast quarter of said Section 14, a distance of 20.00 feet to the Point of Beginning. Area: 26,895 sq. ft. -0.62 acres. EXHIBIT "A" Page 2 of 3 �1 INDICATES AREA TO BE USED FOR TEMPORARY EMERGENCY STREET FACILITIES. EAST COPPER AVENUE 2696.18' 1348.09' 1348.09' N 8912'10' W N 69'12'10• W N ; W M • • n m NW/4 NW/4 14-12/20 NE/4 NW/4 14-12/20 N o w7 N M O z 8 � � $ . N 8g 8 8 PARCEL 1 NN (N AWA- 6,896 SO. FT. n PARCEL 2 0.62 ACRES) �AQEA-(26..895 SO. FT. N 8912'37" W 2689.53' 062 ACRES) io S a912'37 E 1344.76' S 8912'37' E 1344.77' 1 N 8912 37 W 1344.71' N 8912'37 W 1344.72 N .r'CALE ® r-5o0 I J io i io !� R APjNL 568-020-69 APX! 568-020-69 — Q Npn I o LAAO SW/4 NW/4 14-12/20 - w SE/4 NW/4 14-12/20 1 _ � �.� $ �, o N � W No. 6619 Exp. 12-31-2003 OF CAL�FO��\P 1341.43' 1341.45' S 8913'05' E 2682.88 S 8913'05' E RERM OV�S, EAST NTERNATiOM AVENUE UMON 1W DEYOUNG COMMUNITIES, INC. BASIS OF BEAMNGC , 2109 WEST BULLARD AVENUE, SUITE 101 FRESNO, CALIFORNIA 93711 THE WEST LINE OF THE NORTHWEST (559) 435-0900 QUARTER OF SECTION 14, T.12.S, R. 20 E. APbL , 577-010-02 M.OB.& M. WAS TAKEN TO BE S 00'41'26" W, SAID LINE ALSO BEING THE CENTERLINE COUNTRY CLUB DEVELOPERS AT THE FORT OF NORTH MILLBROOK AVENUE, PER TRACT 7120 NORTH WHITNEY AVENUE, SUITE 101 NO. 3900, RECORDED IN VOLUME 47 OF FRESNO, CALIFORNIA 93720 PLATS AT PAGES 21 AND 22, FRESNO (559) 322-1700 COUNTY RECORDS. APX l 577-010-07 EXHIBIT "A" Page 3 of 3 City of W. FIRE DEPARTMENT DATE: August 30, 2002 TO: PLANNING DIVISION FROM: 'MIKE SCHMIDT, Supervising Senior Fire Prevention Inspector SUBJECT: FIRE DEPARTMENT REQUIREMENTS FOR TRACT NO. T-5007 This tract was originally reviewed using existing public streets to determine the actual travel distance from temporary Fire Station No.21 to the tract. The distance was determined to be over three miles and therefore, the UGM ordinance would require that the houses be sprinklered or only built on every other lot, etc. The developer has proposed to provide and maintain a temporary`emergency only fire lane" in approximately the Olympic Avenue alignment that would connect between Millbrook Avenue and Cedar Avenue. This temporary fire lane would shorten the travel distance between temporary Fire Station No.21,and Tract No.5007 to three miles or less. Therefore, with this proposed access in place, we would have no restrictions on construction such as fire sprinklers, building on intermittent lots, etc. To implement this change, the following things must happen: 1. Developer must provide a map to show the location of the proposed fire lane and the shortened path from temporary Station 21 to T-5007. 2. Developer must provide covenants for the installation and, maintenance of the proposed fire lane. 3. The fire lane shall be a minimum 20' wide all weather surface road capable of carrying a minimum of 72,000 pounds and approved by Fresno Fire Department. 4. The fire lane shall be installed (approved by Fire Prevention Bureau) prior to issuance of any building permits. 5. 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