HomeMy WebLinkAboutT-5272 - Agreement/Covenant - 2/3/2009 When Re it To: IIIIIIIIII�IIIIIIIIIIIiIIIIIIII�IIIIIIII�IIIIIIII
Recorded Mail
FRESNO County Recorder
Robert C. Werner
City Clerk DDC— 2008-0102475
City of Fresno Thursday, JUL 17, 2008 14:46:54
2600 Fresno Street Tt 1 Pd $0.00 Nbr-0002801650
Fresno, CA 93721-3603 DJG/R6/2-16
NO FEE—Govt. Code 6103
CITY of FRESNO
Fire Department
CRR Lot 11
STATEMENT OF COVENANTS AFFECTING LAND
DEVELOPMENT GRANTING EASEMENT FOR
EMERGENCY VEHICLE ACCESS REQUIRING THE
MAINTENANCE AND REPAIR OF THE
EMERGENCY ACCESS ROAD
Atqp SU[16RZINAT►aN
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 property in the City of Fresno, County of Fresno, State of California,
hereinafter referred to as the "Subject Access Road Property" more particularly described and
depicted in Exhibit AA,@ and is granting to the City of Fresno easements to permit use of said road
to provide access for emergency vehicles; and,
WHEREAS, the Covenantor hereby warrants that any and all parties having record title
interest in the Subject Access Road 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, the Subject Access Road Property is 1 of 6 separate segments which together
comprise the "Complete Access Road" and is depicted in Exhibit "B;" and,
WHEREAS, Covenantor is the Subdivider of certain real property in the City of Fresno,
County of Fresno, State of California, hereinafter referred to as the "Subject Property" and more
particularly described as:
The Final Map of Tract No. 5272 according to the map thereof
recorded on November 7, 2006 in Volume 78 of Plats at Pages 3, 4,
5 &6, Fresno County Records; and,
WHEREAS, the Conditions of Approval for Vesting Tentative Map No. 5205 require 2 points
of access to the Subject Property, as approved by the Fire Department, for the City of Fresno to
provide adequate fire protection services; and,
WHEREAS, the Final Map of Tract No. 5272 represents Phase 4 of Vesting Tentative Map
No. 5205, and the configuration of the lots in this phase provides certain lots within the subdivision
with only one point of access, acceptable to the Fresno Fire Department, to provide adequate fire
Page 2 of 8
r
protection services, and another temporary access way that was not acceptable to the Fresno Fire
Department, absent additional measures to insure adequate fire protection services; and,
WHEREAS, to insure adequate fire protection services, on November 7, 2006 Developer
recorded with the Fresno County Recorder, a document entitled, Statement of Covenants Affectinq
Land Development Requiring Fire Protection Measures to Be Provided and Maintained Within
Tract No. 5272, Phase 4 of Vesting Tentative Map No. 5205/UGM, (AFire Sprinkler Covenant@)
which required the installation and maintenance of a fire sprinkler system in residential structure
constructed on certain lots of the Subject Property since such lots are located more than 450 feet
from the nearest point of access for emergency vehicles; and,
WHEREAS, the Covenantor has now designed and constructed the Subject Access Road,
a private emergency access road, that shall provide the necessary second means of access to the
Subject Property acceptable to the Fresno Fire Chief, and therefore, has requested that the Fresno
Fire Chief issue a written release of such conditions and obligations set forth in the Fire Sprinkler
Covenant; and,
WHEREAS, the Fresno Fire Chief is unable to release the conditions and obligations set
forth in the Fire Sprinkler Covenant until the owners of the property on which the Subject Access
Road is located concurrently record the following Subject Access Road Property covenants:
Statement of Covenants (Lot 11, T-5272), Document No. 2,604 -0
113,
Fresno County
Records,
Statement of Covenants (Golf Course), Document No ,Fresno County Records,
Statement of Covenants Outlot Q, T-5205 , Document No. 2�8'o1 resno
( ) , �resno County
Records,
�pio zy 78
Statement of Covenants (Outlot H, T-5205), Document No. , Fresno County
Records,
'200g-era2`/79
Statement of Covenants (APN 579-073-18), Document No. , Fresno County Records,
wog-ai0z980
Statement of Covenants (APN 579-073-22, Document No. , Fresno County Records,
Page 3 of 8
and, the Covenantor agrees to repair and maintain the portion of the Subject Access Road
that traverses the Subject Access Road Property as well as the Subject Access Road Property so
as to insure safe and adequate access to the Subject Property for all emergency vehicles.
COVENANTS, CONDITIONS AND RESTRICTIONS
COVENANTOR hereby covenants that the Subject Access Road 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 delivering fire
protection services to 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 Access Road Property and shall be binding upon and inure to the benefit of
each successive owner of the Subject Access Road Property and his heirs, administrators,
successors, and assigns.
2. Covenantor hereby grants to the City of Fresno an easement over, within and
through the Subject Access Road Property for purpose of emerger,, y vehicular and emergency
pedestrian access to the Subject Property. The legal description , alignment of the emergency
access road is depicted in the diagrams included within Exhibits "A"and "B." This easement is
nonexclusive and includes the absolute right of the City of Fresno to use the easement for the
easement purposes described herein, which use must not be disturbed, interrupted or impeded in
any manner while this Covenant is in effect. During the term of this Covenant, no walls, fences or
barriers or any sort of kind whatsoever, that prevents the use of the easement, or the exercise or
performance of any of the easement purposes described herein, will be constructed, maintained, or
permitted on the easement, or any portion thereof, by Covenantor.
3. The Developer shall construct the emergency access road which shall be an all-
weather road as approved by the Fresno Fire Chief. During the life of this Statement, Covenantor
agrees to maintain and repair the emergency access road depicted in Exhibit AM so that it is in a
condition acceptable to the Fresno Fire Chief and so that it provides adequate access to the
Page 4 of 8
Subject Property for all emergency vehicles, including all vehicles operated by the Fresno Fire
Department, to provide emergency services. Upon receiving notice from the City of a condition on
the Subject Access Road that hinders or restricts its use by emergency vehicles, Covenantor shall
repair said condition within 24 hours of receipt of said notice, unless otherwise authorized in writing
by the Fresno Fire Chief or his designee.
4. Prior to the presentation of this covenant to the City for its execution, the
Covenantor shall provide the Fire Chief of the City of Fresno in writing of the name, address,
telephone number and other appropriate contact information of the person or entity, acceptable to
the City of Fresno, ("Responsible Party") who shall be primarily responsible for the ongoing repair
and maintenance of the emergency access road. Any notices from the City to repair, maintain or
remove obstructions from the emergency access road shall be directed to the Responsible Party.
If after this Statement of Covenants is recorded with the Fresno County Recorder, the Covenantor
seeks to replace the Responsible Party, it shall notify the Fresno Fire Chief of the proposed
change, in writing delivered by certified mail. The replacement of the Responsible Party shall be
deemed approved by the Fresno Fire Chief if the Fire Chief does not object in writing to the new
Responsible Party within 14 days of the postmark date of the written notice of proposed change.
5. Covenantor agrees to keep the Subject Access Road free of any and all
obstructions, including but not limited to vehicles, that would hinder or restrict its use by emergency
vehicles to gain access to the Subject Property. Upon receiving notice from the City
of an obstruction on the Subject Access Road that hinders or restricts its use by emergency
vehicles, Covenantor shall remove said obstruction within 24 hours of receipt of said notice, unless
otherwise authorized in writing by the Fresno Fire Chief or his designee.
6. The City of Fresno shall have the right to enforce this Statement by any legal or
equitable means.
7. In the event that litigation is instituted to enforce or interpret any provision of this
Statement, the parties agree that the prevailing party shall be paid reasonable attorney's fees,
costs and litigation expenses.
Page 5 of 8
J �
8. Each of the grant of easement, covenants, conditions, and restrictions contained in
this Statement shall run with the Subject Access Road Property and shall be binding on each
successive owner of the Subject Access Road Property, his/her heirs, representatives, successors,
and assigns.
9. 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
Covenantor records such release with the Fresno County Recorder.
10. 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 enforceability 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 Access Road Property owned by Covenantor and shall be binding upon Covenantor and
heirs, representatives, successors and assigns.
Page 6 of 8
I
DATED: / 0,0P COVENANTOR:
COPPER RIVER RANCH VILLAGES, LLC,
a California Limited Liability Company
CITY OF FRESNO,
a municipal corporation
By: LYLES DIVERSIFIED, INC,
a California Corporation, as Member
By: A. By: �4al- zj
Randy R. uegman, Fire Wef Gerald V. Lyles, Vic resident
Fire Department
By: GLENEAGLES HOMES,
a California Corporation, dba GARY
MCDONALD MES, as Member
APPROVED AS TO FORM: By:
JAMES C. SANCHEZ
�:" a McDonald, Chairman
City Attorney
--?. (Attach Notary Acknowledgements)
By: �j
Jo W. Fox, Deputy
Dated:��d?�Zoag
Page 7 of 8
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Fresno
On May 21, 2008 before me, Jean I sh imoto, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Gary McDonald
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the persong) whose named Ware subscribed to the
within instrument and acknowledged to me that
he/ehe4hey executed the same in his/;oW4I4eir authorized
capacity(bkss), and that by his/berJtlzeic signature04) on the
SEpj Oc�y
JEAN ISHIMOTO instrument the person*, or the entity upon behalf of
COMM.#1604033 u) which the person( acted, executed the instrument.
IM m NOTARY PUBLIC-CALIFORNIA 70
FRESNO COUNTY I certify under PENALTY OF PERJURY under the laws
(! °quFoaN`P My Comm Exp.Sept.3,2009
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature
Place Notary Seal Above Signature of 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(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
❑ Partner—El Limited ❑ General _ ❑ Partner—❑ Limited ❑ General
❑ Attorney in Fact ❑Attorney in Fact •
El Trustee Top of thumb here ❑Trustee of thumb here
❑ Guardian or Conservator El Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing: Signer Is Representing:
02007 National Notary Association-9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402-www.NationalNotaryorg Item#5907 Reorder:Call Toll-Free 1-800-676-6827
STATE OF CALIFORNIA
COUNTY OF FRESNO
On June 4, 2008, before me, Rhonda E. Wessels, Notary Public, personally appeared
Gerald V. Lyles, who proved to me on the basis of satisfactory evidence to be the personw
whose name(&) is/a*e subscribed to the within instrument and acknowledged to me that
he/sheithey executed the same in his/"e�,�then authorized capacity(tes), and that by his/her,'#k►
signature(&-) on the instrument the person(&), or the entity upon behalf of which the persons}
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.
VCOMM. # 1839839
NOTARY PUI3LIC-CAMFORNLAO
Who n cis✓ U• �,0/�2� d�o%4n._�u.�/.c/ FRESNO COUNTY 0
My Commission Expires
Rhonda E. Wessels, Notary Public February 18,2010
Title or Type of Document:
Statement of Covenants Affecting Land Development Granting Easement for Emergency
Vehicle Access Requiring the Maintenance and Repair of the Emergency Access Road —City of
Fresno— Fire Department—CRR Lot 11 — Copper River Ranch Villages, LLC
Date of Document: May 21, 2008
Number of Pages: 10 Pages (including Exhibits A and B)
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on November 1S, , 20 06 , in the office of the Fresno County Recorder, as
Document No. 2006-0256978 of which the Deed of Trust in, by and between
Copper River Ranch Villages, LLC as Trustor,
Financial Title Company , as
Trustee and Housing Capital Company, a Minnesota partnership
Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to
the foregoing Statement Of Covenants Affecting Land Development Granting Easement For
Emergency Vehicle Access And Requiring The Maintenance And Repair Of The Emergency
Access Road
DATED: June 4, 2008
BENEFICIARY
HOUSING CAPITAL COMPANY,
a Minnesota partnership
�
' vv
�y.
Tom Walker, Vice-president
Ry.;.XXXXXXXXXXXXXXXXxxxXXXXXXX......
(Beneficiary to print/type document
information, Name, Title and attach Notary
Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of AAga W
On J_l l" �; 9008" before me,
Date Here Insert Name and Title df the Officer
personally appeared �67'» (Ajabk_�
Name(s)of Signer(s)
,
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/sheAU" executed the same in his/4enth& authorized
RHONDA HAROLD capacity4e4, and that by his/49Fr41iAlr signature(4) on the
Commission # 1701479 instrument the person(4 or the entity upon behalf of
- -- Notary Public -California which the person(*acted, executed the instrument.
Fresno County
MVCcrnm.&PkW0ct28,2010 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 s al.
Signature 0 `—fi
Place Notary Seal Above Signature of 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—❑ Limited ❑General _ ❑ Partner—❑ Limited ❑General
❑ Attorney in Fact ❑Attorney in Fact •
❑ Trustee Top of thumb here ❑Trustee Top of thumb here
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing: Signer Is Representing:
02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationaiNotary.org Item#5907 Reorder:Call Toll-Free 1-600-876-6827
CLERK'S CERTIFICATION
State of California )
County of Fresno )
On July 16, 2008, before me, Elvia Sommerville, Deputy City Clerk, City of Fresno,
personally appeared, Randy R. Brueqman, Fire Chief, 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 helshe/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) 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.
REBECCA E. KLISCH, CMC
City Clerk, City of Fresno
0
a
By
Deputy
APN: 579-180-04s (portion)
Emergency Vehicular Access
EXHIBIT "A"
That portion of Lot 11 of Kensington at Copper River, Tract 5272, recorded in Volume 78, pages 3, 4,
5 and 6 of Plats, Fresno County Records, described as follows:
BEGINNING at a point on the East boundary of said Lot 11, a distance of 22.42 feet from the most
Easterly corner of said Lot 11; thence North 17°40'28" West, along the East boundary of said Lot 11,
a distance of 27.96 feet; thence Southwesterly along a non-tangent curve, concave to the Northwest,
whose radius point bears North 78°43'10" West, having a radius of 24.00 feet, through a central angle
of 22014'22", a distance of 9.32 feet; thence South 33°31'12" West, a distance of 19.26 feet to the
intersection with the Southerly boundary of said Lot 11, said Southerly boundary also being the North
Devonshire Avenue right of way line; thence Southeasterly along said South boundary, being along a
non-tangent curve, concave to the Southwest, whose radius point bears South 33040'52"West,
having a radius of 50.00 feet, through a central angle of 23°35'34", a distance of 20.59 feet; thence
North 33031'12" East, a distance of 15.06 feet to the Point of Beginning.
Contains an area of 410 square feet more or less.
T-5272
2007-
15-A-
EXHIBIT "B "
R=24.00' Z
,L =22°14'22'--C�'/r
L=9,32' 7� o
o APN: 579-180-04s
c LOT 11 , KENSINGTON AT COPPER
_ RIVER, TRACT 5272,
VOL. 78, PGS. 3 THRU 6
�2OF PLATS, F.C.R.
\ NJ PARCEL B
LLA 05-38
DOC, NO. 20060066877,
\ F.C.R.
n� R=50.00' pO2 0
c, D=23°35'34"
L=20.59'
N
\ N
NOTE:
CROSS HATCHED \ J
PORTION INDICATES
ACCESS ROAD EASEMENT
AREA = 410 S.F. ` O�N
r Z SCALE: 1"=10'
RECORD OWNER: oJ�rq '
COPPER RIVER RANCH VILLAGES LLC. '�J
7050 N. FRESNO # 201
FRESNO, CA. 93720 y� \
Ao p
PREPARED BY: Lp \
GARY G. GIANNETTA n=�
CIVIL ENGINEEERING AND
LAND SURVEYING G O
1119 "S" STREET
FRESNO, CA 93721 �n
559-264-3590
REF. & REV. CITY OF FRESNO
TR 5272
A PORTION OF LOT 11 OF KENSINGTON AT COPPER °R• 9Y
RIVER, TRACT 5272 CH. BY sHEEr No. 2
DATE
°F 2 yrs
EMERGENCY ACCESS ROAD
EXHIBIT' "A
SU CT ACCESS ROAD PROPERTY
OUTLOT H
OUTLOT 0 TERRABELLA AT COPPER NOTE:
TERRABELLA AT COPPER RIVER RANCH RIVER RANCH TRACT 5205,
TRACT 5205. VOL. 76, PGS. 45 THRU 70, VOL. 76, PGS. 46 THRU
5 i CROSS HATCHED PORTION
OF PLATS, F.C.R. 70, OF PLATS, F.C.R. i INDICATES EMERGENCY
13�1ACCESS ROAD EASEME
A 0.43' 45" �%y`�
Z`Lb0 5q E ,2 R 1800.00' ^SIO p9.
L 'L3 6 2ti ' L 22.91'
� App 3 P
N 6 A 22.31' 46"
R 40.00'
15.73'
PARCEL B, LLA 05-38
DOC. NO. 20060066877, F.C.R.
SCALE: 1'=50'
®NOTE:
CROS,5 HATCHED PORTION
OUTLOT Q INDICATES, EMERGENCY
TERRABELLA AT COPPER RIVER RANCH ACCESS ROAD EASEMENT
TRACT 5205, VOL. 76, PGS. 45 THRU 70,
OF PLATS, F.C.R.
PARCEL B, LLA 05-38
DOC. NO. 20060066877, F.C.R. Z11
S1�>,
m`n
J w\1
W1
A
� A
Ic 31.59.5e,,
Z R4OW b~
L 22.34' 1C
z IN
,alms 2 „
Wr IN.s k
N 85,13,313,. PREPARED BY:
rn 1 484' 'L 1 �„ E GARY G. GIANNETTA
p 12'3850, ,Pk130fl0N 73.342 CIVIL ENGINEERING AND
LANDS RVEYING
1119 "S STREET
00'1- 110 42 559 264.3590 3721
W.at my CITY OF FRESNO
TR 5m
A PORTION OF THE NW 1/4 OF SECTION 12 °R'9Y
T.12 S., R,20 E., M. D. B. do M. CK of m�°� 2
EMERGENCY ACCESS ROAD SO a z
e
EXHIBIT " B "
COMPLETE ACCESS ROAD
MWT ROAD RICHT Ot WAY
PARCEL A
04-07
DOC. NO. 2200O402U733. F.C.R.
moi. OFTW NO
SCALE: 1"-300'
OUTL01 H PARCEL A
yVWAWW1 AT COPPER DOC. NO 200�1�0282733.
ER
RNRANCH. MENDED IMO'
OF TRACT SM.
Y OF TIM
PLATS.POL F.G.R.
NOTE:
® CROSS HATCHED PORTION
INDICATES EMERGENCY
ACCESS ROAD EASEMENT
OUA COPPER Qfflmmm MAP�
7 TNVO 7076' Pa.
OF PLATS, F.C.R. PARM 0
UA
DOC. NO. =Lon.
F.C.R.
LOT K Ar COPPER PREPARED BY:
RNEIR
5m PAftEL GARY M GOWN ITAAND
VOL 78�PGL THNU d UA �
D
OF FUM F.C.R. DOC. NO. icasoosom. l WSU
MR.
��g�T
111 `S CA 93721
Olt"A 559.284.3590
�► CITY OF FRESNO
TR 8272
A PORTION OF THE NW 1/4 OF SECTION 12 aW
T.12 S.. R-20 E, Iii, D. B. do Y. ,�
EMERGENCY ACCESS ROAD .�.�