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HomeMy WebLinkAboutT-5272 - Agreement/Covenant - 11/21/2006 (2) WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street O Fresno, Ca 93721-3603 U. 0 1110712006,20060236841 U W NO FEE - Government Code 6103 U) W CITY OF FRESNO a Fire Department STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR AN EMERGENCY ACCESS FACILITY FOR THE FINAL MAP OF TRACT NO. 5272, PHASE 4 OF VESTING TENTATIVE MAP NO. 5205 Page 2 Statement of Covenants for an Emergency Access Facility Tract No. 5272 RECITALS WHEREAS, COPPER RIVER RANCH VILLAGES, LLC, a California Limited Liability Company, hereinafter referred to as the "Covenantor," without regard to number or gender, is the owner of certain real properties in the City of Fresno, County of Fresno, State of California, hereinafter referred to as the "Subject Property" and more particularly described as: Lot 35 of Tract No. 5270 according to the map thereof recorded on July 6, 2006 in Volume 76 of Plats at Page(s) 19 through 23, inclusive, 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 delivery of fire protection services by the Fresno City Fire Department for Vesting Tentative Map No. 5205 and the Final Map of Tract No. 5272, Phase 4 of Vesting Tentative Map No. 5205, hereinafter together referred to as the "Map," requires the provision and maintenance of 2 points of access to each lot in a subdivision; and WHEREAS, the phasing of said Tentative Map results in the construction of segments of public streets and private roads which, when said Tentative Map and the Copper River Ranch project is complete, will provide the necessary accesses for purposes of delivering fire protection services to this Map; and WHEREAS, the developer of the Final Map of Tract No. 5272, also being the owner of the Subject Property, has elected to provide an emergency access facility to the Map from East Kings Court Way by way of an access over the Subject Property; and Page 3 Statement of Covenants for an Emergency Access Facility Tract No. 5272 WHEREAS, Owner has agreed to grant an access way over the Subject Property to complete an emergency access facility from East Kings Court Way to the Map; and WHEREAS, the Covenantor and the City of Fresno desire to enter into an agreement providing for such emergency access facility. 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. Covenantor hereby grants to the City of Fresno Fire Department an easement over, within and through the Subject Property for purposes of Fire Department vehicular and pedestrian access to the lots of the Map for inspection to regulate the use of and access to the Subject Property from East Kings Court Way to the Map, inspection and maintenance of fire protection equipment located in the Map area and emergency fire suppression at the property included within the Map. 2. This easement is nonexclusive and include the absolute right of the City of Fresno Fire Department to use the Easement for the easement purposes described in paragraph 1, which use must not be disturbed, interrupted or impeded in any manner while this Covenant is in effect, except as permitted pursuant to paragraph 4 of this Covenant and is more particularly described in the attached EXHIBIT A. 3. The provisions of this Covenant are intended to and will run with the land, and, Page 4 Statement of Covenants for an Emergency Access Facility Tract No. 5272 until their expiration or termination in accordance with the terms of this Covenant, will bind, be a charge upon Covenantor and inure to the benefit of the City of Fresno Fire Department, its successors and assigns. 4. During the term of this Covenant, no walls, fences or barriers of any sort or kind whatsoever, that prevents the use of the easement, or the exercise or performance of any of the easement Purposes described in paragraph 1, will be constructed, maintained, or permitted on the easement, or any portion thereof, by Covenantor unless Covenantor provides the City of Fresno Fire Department, its successors and assigns, keys or other means to immediately access the easement for the easement purposes set forth in paragraph 1. 5. The Covenantor agrees to construct and maintain an all-weather access facility connecting the Map to East Kings Court Way (including but not limited to 'crash gates', by-pass locks, etc.) within the Subject Property. The entire length of the access facility from the Map to East Kings Court shall be constructed and maintained to conform to the specifications approved by the Fresno City Fire Department. 6. 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. 7. 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 or from any cause whatsoever in, on or about the Subject Property of said land covered by this Statement, or any part thereof. The Convenantor shall indemnify, hold harmless and defend the City of Fresno and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by the City of Fresno, Covenator or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen 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 Page 5 Statement of Covenants for an Emergency Access Facility Tract No. 5272 premises adjacent thereto pursuant to this Statement. Convenator's obligations under the preceding sentence shall apply regardless of whether the City of Fresno, CITY or any of its officers, officials, employees, agents or volunteers are actively or passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused solely by the active negligence or by the willful misconduct of CITY or any of its officers, officials, employees, agents or volunteers. The Convenantor further agrees that the use for any purpose and by any person of any and all of the temporary 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 temporary street facilities and other improvements thereon and therein. This section shall survive termination or expiration of this Statement. 8. 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. 9. The foregoing conditions and obligations of this Statement shall remain in full force and effect until such time as the Fresno City Fire Chief 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 said release. 10. 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 so requires, in interpreting this Statement, any gender includes the other genders, the singular includes the plural, and the plural includes the singular. Page 6 Statement of Covenants for an Emergency Access Facility Tract No. 5272 DATED: © c4t" CITY OF FRESNO, COPPER RIVER RANCH VILLAGES, LLC, a Municipal Corporation a California Limited Liability Company By: LYLES DIVERSIFIED, INC, a California Corporation, as Member By: Randy R. uegman, Fire CWef Fire Department By: erald V. Lyles, Vice sident By: GLENEAGLES HOMES, a California Corporation, dba GARY McDONALD HOMES, as Member APPROVED AS TO FORM: By: L cD ald, hairman JAMES C. SANCHEZ City Attorney (Attach Notary Acknowledgments) By C (AA T' - - eputy COVENANTOR: STATE OF CALIFORNIA COUNTY OF FRESNO On October 24, 2006 before me, Rhonda E. Wessels, Notary Public, personally appeared Gerald V. Lyles, PJ 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 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. V, t.t" Rhonda E. Wessels, Notary Public Title or Type of Document: Statement of Covenants Affecting Land Development for an Emergency Access Facility for the Final Map of Tract No. 5272, Phase 4 of Vesting Tentative Map No. 5205 Date of Document: October 24, 2006 W COMM. # 1638838 Number of Pages: 8 J NOTARYPUBLIC-CALIFORNIAO FRESNO COUNTY n My Commleelon Ezplree February 18,2010 STATE OF CALIFORNIA ) ss. COUNTY OF FRESNO ) On October 24, 2006, before me, Jean Ishimoto, Notary Public, personally appeared Gary McDonald -K Personally known to me ❑ Proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. r�gEP�OF ry JEAN ISHIMOTO - J 1 n COMM.#1604033 M lb `W ° m Cn NOTARY PUBLIC-CALIFORNIAc7°n s ° FRESNO COUNTY IeA Ishimoto, Notary Public MOMyMy Comm Exp.Sept-3,2009 Title or Type of Document: Statement of Covenants Affecting Land Development For An Emergency Access Facility For The Final Map of Tract No. 5272, Phase 4 of Vesting Tentative Map No. S20S Date of Document: October 24 , 2006 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on '30, o o `1- , in the office of the Fresno County Recorder as Document No. oZ D 19 - CIA of which the Deed of Trust in by and between: CS p-c - C UGt� De v<.Q,.,o�vr�- �'�� �,y c as Trustor, F1 rva.Nu,i—Z Ti f Le- C ,oma Ny as Trustee, and t40(CS/moi C�'P6/1L� (-,0AvJ cNy - /I�.J, JNAk-x zg6� PhyiN�S� , as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development for an Emergency Access Facility for the Final Map of Tract No. 5272, Phase 4 of Vesting Tentative Map No. 5205. DATED: BENEFICIARY By: wL S v.rat.N svN ve )dp--eS By: (Beneficiary to print/type document Information, Name, Title and attach Notary Acknowledgments) STATE OF CALIFORNIA ) ) ss. COUNTY OF FRESNO ) On October 24, 2006, before me, Jean Ishimoto, a Notary Public, personally appeared Carl Swanson, ❑ Personally known to me ) ► Proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. JEAN ISHIMOTO P�SEpu OFlyF n COMM.#1604033 cn NOTARY PUBLICIAV)ORN � FRESNOO COUNTY � °c FoaNr My Comm Exp.Sept.3,2009 leanuIshimoto, Notary Public Title or Type of Document: Subordination Date of Document: October 24, 2006 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded onta-Nt- v2, �- D in the office of the Fresno County Recorder as Document No. o20 C(© - Dof which the Deed of Trust in by and between: Cowl-r- -Uev. 12a enc LL L as Trustor, FlIJGw�c(� T`iye r.T-,r"ccky4 A- -Nt�, as Trustee, and C'o� Ve V, �Ve-fi,)�o lye--f �' CArcrn < n�j c as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development for an Emergency Access Facility for the Final Map of Tract No. 5272, Phase 4 of Vesting Tentative Map No. 5205. DATED:_ BENEFI R Cot P vee- By: v y- 1�VLc OJU C�XR By: (Beneficiary to print/type document Information, Name, Title and attach Notary Acknowledgments) STATE OF CALIFORNIA ) SS. COUNTY OF FRESNO ) On October 24, 2006, before me, Jean Ishimoto, Notary Public, personally appeared Gary McDonald Personally known to me ❑ Proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. 4gEAu oaty� JEAN ISHIMOTO cn o COMM.#1604033 cn Un) i o NOTARY PUBLIC-CALIFORNIAN FRESNO COUNTY A c' FOA"" My Comm Exp.Sept.3.2009 Je n Ishimoto, Notary Public Title or Type of Document: Subordination Date of Document: October 24 , 2006 CLERK'S CERTIFICATION State of California) County of Fresno) On November 1. 2006, before me, Elvia Sommerville, Deputy City Clerk, personally appeared, Randy R. Bruegman, Fire Chief, 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 Deputy APN 579-072-175 (portion) Emergency Access Easement EXHIBIT "A" That certain real property situate in Section 12, Township 12 South, Range 20 East, Mount Diablo Base and Meridian, City of Fresno, State of California, being a portion of, Lot 35 as shown on Tract Map No. 5270 "Villa Alicante at Copper River", recorded in Book 76, of Plats, Pages 19-23, Fresno County Records, being more particularly described as follows: The westerly 20.00 feet of said Lot 35. Contains an area of 3,248 square feet, more or less END OF DESCRIPTION LAND SUS gyp,\G E. ,qG GF � G � 0. F OF CALIFG� 527 2 6 J- P A -A- OUTLOT "I" OF AMENDING MAP TOFF TRACT. EXHIBIT !!A!! 5205 "TERRABELLA AT BK. COPPER 6PGS. 46-46 RIVER0, EMERGENCY ACCESS EASEMENT F.C.R. AND PROPOSED FINAL MAP OF TRACT NO. 5272, PHASE 4 OF VESTING TENTATIVE MAP N0. 5205 cj PARCEL D LOT LINE N O v ADJUSTMENT 05-38 DOC. No. 20060066877 O.R.F.C. Ln V 00 VC Ln r 20' COURT WAY ` NG$ 37.20' TRACT 5270 'VILLA A, ALICANTE AT COPPER0 RIVER' BK. 76, PGS. >9-23, Q' A• SAND S��G EGEND F.C.R. 00�Q- v AREA TO BE DEEDED FOR V 1" = 60' EMERGENCY ACCESS SCALE IN FEET EXPI 12 PURPOSES 68 P1 INDICATES RECORD DATA PER THE AMENDING FINAL 0 30 60 120 TgTF OF CA1�FMAP OF TRACT 5205 "TERRABELLA AT COPPER RIVER RANCH" BK. 76, PR V T �OG�� PGS. 46-70, FRESNO PRI C RD SATE SIGNED: 1 COUNTY RECORDS - DAIS 1D/23/0e JOB NO. 18320201 aow cvsaou um-aa DNC.M0. ODDD m/—M ru e,/wfine +-ww— REF. kREV. C IT Y OF FRESNO PROD. ID. FUND N0. PW FILE No. DEPARTMENT OF PUBLIC WORKS ORG. No. PLAT N0. PORTION OF THE WEST HALF OF SECTION 12 DR. BY sn SHEET NO. 1 T.12 S.,R.20 E.,M.D.B.&M. CH. BY MH OF 2 SHEETS TO BE DEEDED FOR EMERGENCY ACCESS DATE 10/23/06 PURPOSES SCALE 1" = 60'