HomeMy WebLinkAboutT-5270 - Agreement/Covenant - 8/7/2006 (4) `NHEN RECORDED MAIL TO: I III III III
IIII III III I III II II IIII III I IIII I IIII I
FRESNO County Recorder
City Clerk
City of Fresno Robert C. Werner 2600 Fresno Street DOC— 2006-0140603
Fresno, Ca 93721-3603 Aeet 1-Financial Title Company (C)
Thursday, JUL 08, 2008 08:00:00
Tt 1 Pd $0.00 Nbr-0082228791
RGR/R4/4-18
NO FEE - Government Code 6103
CITY OF FRESNO
Public Works Department
P.W. File No. 10838
STATEMENT OF COVENANTS AFFECTING LAND
DEVELOPMENT FOR OFF-SITE PRIVATE STREET
FACILITIES FOR THE FINAL MAP OF TRACT NO. 5270
Statement of Covenants
Off-Site Private Street Facilities
Tract No. 5270
Page 2
RECITALS
WHEREAS, COPPER RIVER RANCH, LLC, a California Limited Liability Company,
1396 West Herndon Avenue,Suite 101, Fresno,California 93711, hereinafter referred to as the
"Owner," of the real property situated in the City of Fresno, County of Fresno, State of California,
and COPPER RIVER RANCH VILLAGES, LLC, a California Limited Liability Company, 1210
West Olive Avenue,Fresno,California 93728,hereinafter designated and called the"Developer,"
shall hereinafter collectively and individually, where applicable, shall be jointly designated and
referred to as the "Covenantor," hereinafter referred to as the "Subject Property" and more
particularly described as folows:
Outlot W of Tract No. 5205 according to the map thereof recorded on
April 25, 2006 in Volume 75 of Plats at Pages 31 through 55, Fresno
County Records; and
WHEREAS, the Covenantor hereby warrants 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 a part of this
instrument; and
WHEREAS, a condition of approval for the Final Map of Tract No. 5270, Phase 2 of Vesting
Tentative Map No. 5205, hereinafter referred to as the "Map," requires the construction and
maintenance of private street facilities to provide a second point of access for the Map over the
Subject Property from and to a public street (East Riverbank Avenue); and
WHEREAS, the Covenantor and the City of Fresno desire to enter into an agreement
providing for such off-site private street facilities.
Statement of Covenants
Off-Site Private Street Facilities
Tract No. 5270
Page 3
COVENANTS, CONDITIONS, AND RESTRICTIONS
The Covenantor hereby covenants 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. 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 the benefit
of each successive owner of the Subject Property and his heirs, successors, and assigns during
his ownership thereof.
1. The Covenantor agrees that the Subject Property shall be used for private street
purposes for the Map. The Covenantor agrees to construct and maintain such private street
facilities on the Subject Property and grants to the City of Fresno the right to enter upon the Subject
Property for purposes of inspection and to regulate the use of and access to the Subject Property.
The Covenantor shall not restrict public access across the Subject Property during the term of this
covenant.
2. The private street facilities shall be constructed to conform to the improvement plans
prepared at the Covenantor's expense and approved by the City Engineer. The design of the
private street facilities, including any related improvements and work, shall conform to Public
Works standard specifications and shall meet minimum standards for a local street, including
turning radiuses, or in conformance with an approved engineered design for the untended use.
3. This Statement shall in no way be construed as a grant by the City of Fresno of any
rights to the Covenantor to trespass upon land rightfully in the possession of,or owned by another,
whether such land be privately or publicly owned.
4. The City of Fresno shall not be liable to the Covenantor or to any other person, firm
or corporation whatsoever, for any injury or damage that may result to any person or property by
Statement of Covenants
Off-Site Private Street Facilities
Tract No. 5270
Page 4
or from any cause whatsoever in, on or about the Subject Property of said land covered by this
Statement, or any part thereof. The Covenantor hereby releases and agrees to indemnify, defend
and save the City of Fresno, it's employees and agents harmless from and against any and all
injuries to and deaths of persons, and all claims, demands, costs, loss damage and liability,
howsoever same may be caused, resulting directly or indirectly from the performance of any or all
work to be done in and upon the street rights-of-way and said Subject Property and upon the
premises adjacent thereto pursuant to this Statement, and also from all injuries to and deaths of
persons, and all claims, demands, costs, loss, damage and liability, howsoever same may be
caused, either directly or indirectly made or suffered by the Covenantor, the Covenantor's agents,
employees and subcontractors, while engaged in the performance of said work. The Covenantor
further agrees that the use for any purpose and by any person of any and all of the private street
facilities and improvements hereinbefore specified, shall be at the sole and exclusive risk of the
Covenantor at all times prior to the release by the City of Fresno of the private street facilities and
other improvements thereon and therein.
5. The conditions of this Statement are intended to benefit both the Subject Property,
the public and public properties. Accordingly, it is agreed the City of Fresno shall have the right
to enforce this Statement by any legal or equitable means against the Covenantor and such person
or persons in actual possession of the Subject Property who directly or who through any agent
violate the terms hereof.
6. The foregoing conditions and obligations of this Statement shall remain in full force
and effect until such time as the Public Works Director issues a written release of such conditions
and obligations and records such release with the Fresno County Recorder. The Covenantor
agrees to reimburse the City for reasonable costs associated with the preparation and recordation
of such release.
7. The provisions of this Statement shall be deemed independent and severable and
the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not
affect the validity or enforce ability of any other provision hereof. Whenever the context of the
Statement of Covenants
Off-Site Private Street Facilities
Tract No. 5270
Page 5
Statement so requires, in interpreting this Statement, any gender includes the other genders, the
singular includes the plural, and the plural includes the singular.
tttt
J
L.
Statement of Covenants
Off-Site Private Street Facilities
Tract No. 5270
Page 6
DATED: 3 Z.
CITY OF FRESNO, COVENANTOR (Owner):
a Municipal Corporation COPPER RIVER RANCH, LLC,
a California Limited Liability Company
DAVID D. HEALEY, Director
Public Works Department By: Granville Homes, Inc,
a California Corporation, it's Manager
By: i " I k�l�, .� By:
Michael T. Kirn, P.E., Assistant Director Christine LingenfeAeOhsistant Secretary
COVENANTOR (Developer):
COPPER RIVER RANCH VILLAGES, LLC,
APPROVED AS TO FORM: a California Limited Liability Company
JAMES C. SANCHEZ By: LYLES DIVERSIFIED, INC,
Interi ity t ey a California Corporation, as Member
By i
Deputy By:
Gerald V. Lyles, Vice resident
By: GLENEAGLES HOMES,
a Californi rporation
dba Ga Mc onald Homes, Member
By
LI,McDonald, Chairman
(Attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of ss.
On �t , before me, G, WQZ} 440 C-
SDate Name and Title of Officer(e.g.,"Jane e,Notary Public")
personally appeared Cj/Lr fih Q. IN�oVej, P-L/ +-ce ,
Name(s)of Signer(s)
Xpersonally known to me
❑ 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
CRGIMG LOPEZ he/she/they executed the same in his/her/their
connrntWto� 1076 authorized capacity(ies), and that by his/her/their
6V46'44MM No"PUbNC-CaNlomo
ffFNWOCouy signature(s) on the instrument the person(s), or the
MyConr„-EWrftFab 1z, entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS
, m�y�hand and official seal.
Place Notary Seal Above L 4 /vl V��'1(a �j -,
�'�d--1� Signatur o�f Notary—'Public
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.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—E! Limited El General unreak ❑ Partner—❑ Limited ❑ General
H.
❑ Attorneyin Fact -- -
Top of thumb here ❑ Attorney in Fact Top of thumb here
❑ Trustee ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
0 2004 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402 Item No.5907 Reorder;Call Toll-Free 1-800-876-6827
STATE OF CALIFORNIA
COUNTY OF FRESNO
On May 4, 2006 before me, Rhonda E. Wessels, Notary Public, personally appeared
Gerald V. Lyles
[Personally known to me
❑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 acknowledge
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.
RHONDA E. WESSELS
VCOMM. # 1639639 -j
e NOTARY PUBLIC-CALIFORNIA()
FRESNO COUNTY n
Rhonda E. Wessels My Commission Expires -+
February 18,2010
Title or Type of Document:
Statement of Covenants Affecting Land Development for Off-site Private Street Facilities for the
Final Map of Tract No. 5270
Date of Document: May 3, 2006
STATE OF CALIFORNIA
COUNTY OF FRESNO
On May 4, 2006 before me, Darlene Lemons, Notary Public, personally appeared
Gary L. McDonald
Personally known to me
❑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 acknowledge
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.
DARLENE LEMONS
r COMM.#1592459
m NOTARY PUBLIC CALIFORNIA a
FRESNO COUNTY
� � My Comm Exp.June 28,2009
Darlene Lemons
Title or Type of Document: Statement of Covenants Affecting Land Development for Off-site
Private Street Facilities for the Final Map of Tract No. 5270
Date of Document: May 3, 2006
i
Tract No. 5270
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on 1ec"r 30I , in the office of the Fresno County Recorder as
Document No. 20U4 - C>'.Lc( )1 y of which the Deed of Trust in by and between:
cy4er ZVcr DneI`JD+ e,� �n7a�v),,c. c. 0.r �orn%s Corp. as Trustor,
U"i , as Trustee, and
t70V5ing CoMJo-v ter. K'AgeS0�-' as Beneficiary, hereby expressly
subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of
Covenants Affecting Land Development for Private Off-Site Street Facilities for the Final map of
Tract No. 5270.
DATED:
`BENEFICIARY l 1 ( \
�[Lltl�j�{lt^ ��.? 1 a 1 L.lj M'7o..y� o. N1'��nes�• �c't�5
By:
1 ►NC)V-A5 G.
\j`%CC
By:
(Beneficiary to print/type document info, Name,
Title and attach Notary Acknowledgment)
STATE OF CALIFORNIA
COUNTY OF FRESNO
On S19 k before me, Darlene Lemons, Notary Public, personally appeared
TAema_s IC. OriI�Lr
-0 Personally known to me
❑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 acknowledge
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.
�ye.ocry�
DIAILAE;t LEMONS
COMM.#1592459 cn
NOTARY PUBLIC-CALIFORNIAv�i
Darlene Lemons �' *� FRESNO COUNTY �
° iFona`* My Comm Exp.June 28,2009
Title or Type of Document: Statement of Covenants Affecting Land Development for Off-site
Private Street Facilities for the Final Map of Tract No. 5270
Date of Document: May 3, 2006
7
Tract No. 5270
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on C2 �2-kXA , in the office of the Fresno County Recorder as
Document No. 2-boLl - I of which the Deed of Trust in by and between:
eo)PeC- 2niver Ace , LLC an a �u2L?e7 %aver' Co . .ire. as Trustor,
i�Ac as Trustee, and
L.-1 CUMJc^v Beneficiary, hereby expressly
subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of
Covenants Affecting Land Development for Private Off-Site Street Facilities for the Final map of
Tract No. 5270.
DATED:
BENEFICIARY
By:
CU
By:
MCN�.aI F. ���h+c� SCCCe^Mr/
(Beneficiary to print/type document info, Name,
Title and attach Notary Acknowledgment)
STATE OF CALIFORNIA
COUNTY OF FRESNO
On May 9, 2006 before me, Darlene Lemons, Notary Public, personally appeared
William R. Tatham, Sr.
52/personally known to me
❑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 acknowledge
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.
bk�� CDARLENE LEMONS
� ¢ m
OMM.#1592459
Dar ene Lemons � v o NOTARY PUBUC•CALIFORNIAA
FRESNO COUNTY
C411FOPN� My Comm Exp.June 28,2009
1
Title or Type of Document:
Statement of Covenants Affecting Land Development for Off-site Private Street Facilities for the
Final Map of Tract No. 5270
Date of Document: May 3, 2006
r
i
STATE OF CALIFORNIA
COUNTY OF FRESNO
On May 9, 2006 before me, Darlene Lemons, Notary Public, personally appeared
Michael F. Tatham
personally known to me
❑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 acknowledge
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.
04...F ThF DARLENE LEMONS
N COMM.#1592459 N
Darlene Lemons W m NOTARY PUBLIC•CALIFORNIAcn7
° FRESNO COUNTY A
C(IFpPN' My Comm Exp.June 28,2009
Title or Type of Document:
Statement of Covenants Affecting Land Development for Off-site Private Street Facilities for the
Final Map of Tract No. 5270
Date of Document: May 3, 2006
, 4
Tract No. 5270
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on \DCce-Aocc- 30 �2Wq , in the office of the Fresno County Recorder as
Document No. 200 - U29 \1 SS of which the Deed of Trust in by and between:
co 0-*%4e , i�c as Trustor,
�k nC n C CO , n�i , as Trustee, and
Co 2 0&C- �,: )e-F �KahGLI , l LC_ , as Beneficiary, hereby expressly
subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of
Covenants Affecting Land Development for Private Off-Site Street Facilities for the Final map of
Tract No. 5270.
DATED:
BENEFICIARY
C) Y_% �e(' 1-LC
�G CL '55CW�
Y
lc�on�.l
r Ce ?CeS
(Beneficiary to print/type document info, Name,
Title and attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of 'Fr_ p --)n n ss.
On before me, Y`1nf,Jj 1 n G
Da Name and Title of Otfic r(e.g.,"Jane Do ,Notary Public")
personally appeared 0.�;d_ '66��i_ /
Name s)o1 Signer(s)
09 personally known to me
L! proved to me on the basis of satisfactory evidence
G topEZ to be the person(s) whose name(s) is/are subscribed
COMM"M 1F 1552076 to the within instrument and acknowledged to me that
-� NokuypA*c_C.Wft he/she/they executed the same in his/her/their
FrOMCpu - authorized capacity(ies), and that by his/her/their
MVCW ►•E*6"►eb12, 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.
Place Notary Seat Above
Signature of NaKry Pubhc
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.
Description of Attached Document
Title or Type of Document: _ ^,
Document Date: _ Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: _ _ _ Signer's Name:
[7 Individual LI Individual
I 1 Corporate Officer—Title(s): _ C_i Corporate Officer—Title(s):
Partner—!] Top of thumb hLimited I General _ere ] Partner—El Limited L-1General
i Attorney in Fact [_ y! Attorney in Fact '
Top of thumb here
I Trustee _' Trustee
i Guardian or Conservator _i Guardian or Conservator
I 1 Other: _ ___ ___ LI Other:
Signer Is Representing: Signer Is Representing:
2004 National Notary Association•9350 De Soto Ave..P.O.Box 2402•Chatsworth CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-600-676-6627
STATE OF CALIFORNIA
COUNTY OF FRESNO
On May 8, 2006 before me, Darlene Lemons, Notary Public, personally appeared
Gary L. McDonald
NJ/Personally known to me
❑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 acknowledge
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.
♦'S�^u°F rrys DARLENE LEMONS
COMM.#1592459 cn
m NOTARY PUBLIC-CALIFORNIA
u7°i
Darlene Lemons (n *° FRESNO COUNTY
My Comm Exp.June 28,2009
Title or Type of Document:
Statement of Covenants Affecting Land Development for Off-site Private Street Facilities for the
Final Map of Tract No. 5270
Date of Document: May 3, 2006
CLERK'S CERTIFICATION
State of California)
County of Fresno)
On June 15, 2006, before me, Elvia Sommerville, DeputyCity Clerk, personally appeared,
Michael T. Kirn, P.E. Assistant Public Works Director, personally known to me (or proved
to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to be 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.
REBECCA E. KLISCH
CITY CLERK, CMC
o
By -v-ca..�
Deputy