HomeMy WebLinkAboutT-5272 - Agreement/Covenant - 2/3/2009 (2) IIII III III I III II II IIII II III IT I III 11111111111111
Men Recorded Mail To: FRESNO County Recorder
City clerk Robert C, WernerCity of Fresno DOC— 2008-0102476
2600 Fresno Street Thursday, JUL 17, 2008 14:46:54
Fresno, Ca 93721-3603 Ttl Pd $0.00 Nbr-0002807651
NO FEE -Govt. Code 6103 DJG/R6/1-15
CITY of FRESNO
Fire Department
(C'OIF COURSE
STATEMENT OF COVENANTS AFFECTING LAND
DEVELOPMENT GRANTING EASEMENT FOR
EMERGENCY VEHICLE ACCESS REQUIRING THE
MAINTENANCE AND REPAIR OF THE EMERGENCY
ACCESS ROAD
Page 1 of 10
RECITALS
WHEREAS, CONSOLIDATED LAND COMPANY, LP, a California Limited Partnership,
hereinafter referred to as the "Covenantor A,"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 'A" and is granting to the City of Fresno easements to permit use of said road to provide
access for emergency vehicles; and,
WHEREAS, COPPER RIVER RANCH VILLAGES, LLC, a California Limited Liability
Company, hereinafter referred to as "Covenantor B," without regard to number or gender, 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:
Lots 4 through 16, inclusive, 22 and 23 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 Covenantor A 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 Conditions of Approval of 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
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 Covenantor
B recorded with the Fresno County Recorder, a document entitled, Statement of Covenants
Affecting Land Development Requiring Fire Protection Measures to Be Provided and Maintained
Within Tract No. 5272, Phase 4 of Vesting Tentative Map No. 5205/UGM, ("Fire Sprinkler
Covenant") which required the installation and maintenance of a fire sprinkler system in each
residential structure constructed on the Subject Property since the Subject Property was located
more than 450 feet from the nearest point of access for emergency vehicles; and,
WHEREAS, the Covenantor B 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, 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 Covenantor B provides a second access road to the
Subject Property and agrees to repair and maintain the second access road to the Subject
Property so as to insure safe and adequate access to the Subject Property for all emergency
vehicles.
COVENANTS. CONDITIONS AND RESTRICTIONS
COVENANTOR A hereby covenant 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 the inure to the benefit of
each successive owner of the Subject Access Road Property and his heirs, administrators,
successors, and assigns.
2. Covenantor A hereby grants to the City of Fresno an easement over, within and
through the Subject Access Road Property for purpose of emergency vehicular and emergency
pedestrian access to the Subject Property. The legal description and alignment of the emergency
access road is depicted in the diagrams included within Exhibit "A." 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. Except as necessary to restrict public access to the
Subject Access Road Property, 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 A. The City of Fresno recognizes that the
Subject Access Road Property has been developed for use as a private golf course, and consents
to the installation of a perimeter fence, as previously submitted to and approved by the City. Any
material deviations to the approved fencing shall be subject to the prior review and approval of the
City of Fresno as it relates to the Subject Access Road. Covenantor A agrees to indemnify and
hold the City of Fresno, its officers, officials, employees, representatives and volunteers, harmless
from and against any claim, expense, or other costs incurred in the replacement or repair of the
fencing from damage caused by the authorized and intended use of the Subject Access Road by
the City of Fresno.
3. Covenantor B shall construct the emergency access road which shall be an all-
weather road comprised of 4 inches of aggregate base and the installation of grass-crete or similar
materials approved by the City. The ultimate design and construction of the emergency access
road shall be approved by the Fresno Fire Chief. During the life of this Statement, Covenantor A
agrees to maintain and repair the emergency access road depicted in Exhibit "A" so that it is in a
condition acceptable to the Fresno Fire Chief and so that it provides adequate access to the
Subject Property for all emergency vehicles, including all vehicles operated by the Fresno Fire
Department, to provide emergency services. The Fresno Fire Department shall periodically inspe t
the Subject Access Road, but in no event less than once during any five (5) year period, and
thereafter provide written notice to Covenanter A of the existence of any conditions which might
hinder or restrict the intended use of the Subject Access Road by emergency vehicles. Upon
receiving such notice from the City, Covenantor A shall initiate the repair of the specified condition
within 24 hours of receipt of said notice and shall complete said repairs as expeditiously as
possible, unless otherwise authorized in writing by the Fresno Fire Chief or his designee. To
ensure the safety of the persons conducting the inspection, the Fresno Fire Department shall
provide not less than 24-hours prior notice to Covenantor A of its intent to inspect the Subject
Access Road. This 24-hour notice requirement shall not be required for inspections requested by
Covenantor A or its representatives or agents, or when the Fire Department has been notified of
significant damage to the Emergency Vehicle Access Road that renders it impassible for
emergency vehicles. In such situations, the Fire Marshall or his/her designee, will make reasonable
efforts to notify Covenantor A of the immediate inspection prior to the inspection taking place. Any
failure of the Fresno Fire Department to conduct the periodic inspections described above shall not
constitute a breach of this Covenant and shall not relieve Covenantors from any of their obligations
and duties set forth in this Covenant. The only remedy available to the Covenantors for the Fire
Department's failure to conduct these periodic inspections is to request that the Fire Department
conduct the inspection and notify Covenantor A of the results of the inspection.
4. Prior to the presentation of this covenant to the City for its execution, the
Covenantor A shall notify the City's Fire Marshall 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.
The City's Fire Marshall shall be the contact person that the Covenantors and/or Responsible Party
may contact regarding all aspects of the Covenant and to serve any written notices related to this
Covenant upon. 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 Fire Marshall 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. Subject to the Provisions of Section 2 above, Covenantor A 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 A 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. The City of Fresno and the Fresno Fire Chief acknowledge that the Subject Access
Road Property is developed and improved for use as private golf course, and subject to the terms
set forth above, hereby consent to Covenantor A's continued use of the Subject Access Road and
adjacent areas for any purpose reasonably associated with the operation and maintenance of a
private golf course, without the further consent of the City of Fresno so long as said use does not
damage Emergency Vehicle Access Road so that it can no longer be used for its intended
purpose, as determined by the City's Fire Marshall. In the event the City's Fire Marshall notifies
Covenantor A's that its use of the Subject Access Road is damaging the Emergency Vehicle
Access Road such that it can no longer be used for its intended purpose, Covenantor A shall use
its best efforts to modify or restrict the damaging use in furtherance of Covenantor A's obligation to
maintain and repair the Emergency Vehicle Access Road, however, in no event shall Covenantor A
be required to alter the use of the Subject Access Road Property which adjoins the Emergency
Vehicle Access Road as a private golf course or any use reasonably associated therewith.
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.
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 A and shall be binding upon Covenantor A
and heirs, representatives, successors and assigns.
DATED: 4-21-08
COVENANTOR:
CONSOLIDATED LAND COMPANY, LP.
CITY OF FRESNO, a California Limited Partnership
a municipal corporation
By:
William R. Tatham, Sr.
Managing General Partner
Randy R. Bfuegman, Fire C ' f
Fire Department DEVELOPER:
COPPER RIVER RANCH VILLAGES, LLC,
a California Limited Liability Company
By: LYLES DIVERSIFIED, INC,
a California Corporation, as Member
APPROVED AS TO FORM: 7/
By: (/
JAMES C. SANCHEZ Gerald V. Lyles, Vice Pr ident
City Attorney
By.
Jo W. Fox, Deputy By: GLENEAGLES HOMES,
/ / a California Cor tion, dba GARY
Dated: �/7/in e MCDONALD O S, as Member
By:
Mc onald, C ai an
(Attach Notary Acknowledgements)
Page 8 of 10
J
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Fresno
On April 21, 2008 before me, Suzanne J. Hirata, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared William R. Tatham, Sr. 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/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
SUZANNE J. HIRATA of the State of California that the foregoing paragraph is
COMM. #1563342 -+ true and correct.
F NOTARY PUBLIC•CALIFORNIA
FRESNO COUNTY WITNESS my and and official seal.
Ny Comm.Ewes Apr.17,2009
Signature
Place Notary Seal Above Signature of Nkffiry 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
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT GRANTING
Title or Type of Document: EASEMENT FOR EMERGENCY VEHICLE ACCESS REQUIRING THE MAINTENANCE
AND REPAIR OF THE EMERGENCY ACCESS ROAD10
Document Date: 4-21-08 Number of Pages:
Signer(s)Other Than Named Above: Various
Capacity(ies) Claimed by Signer(s)
Signer's Name: William R. Tatham, Sr. Signer's Name:
C Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
IS Partner—❑ Limited L}3 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:
CONSOLIDATED LAND COMPAN
02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402•www.NationalNotaryorg Item#5907 Reorder:Call ToibFree 1-800-876.6827
STATE OF CALIFORNIA
COUNTY OF FRESNO
On April 22, 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 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. RHONDA E.WESSELS
W 1 @39639
4�M•, o,
_ ?o hJQ-rsriy;UELIC-CALIFORNIAQ
i e�E5 J0 COUNTY (�
.4y Cor,mieainn Expires
q .:kruary 10,2010
Rhonda E. Wessels, Notary Public
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 —
Copper River Ranch Villages, LLC
Date of Document: April 21, 2008
Number of Pages: 10 Pages
1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Fresno
On kYll.12-2.,2008 before me, Jean Ishlmoto, 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 person(o whose namelo is/are subscribed to the
within instrument and acknowledged to me that
he/eheAhey executed the same in his/hen'their authorized
capacityo&), and that by his/OeMheir signature(lo on the
`yLP��.F/yF JEAN ISHIMOTO instrument the person(4, or the entity upon behalf of
4 ` = COMM.#1604033 which the person(14 acted, executed the instrument.
NOTARY PUBLIC-CALIFORNIAW
rn Z �`> '� ° FRESNO COUNTY 4�b
+�Cq�FOP��P My Comm Exp.Sept.3,2009 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 officialnal.�
Signature 4
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 Cl General ❑Partner—❑ Limited ❑ General
❑ Attorney in Fact ❑Attorney in Fact •
❑ Trustee Top oI 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.NationalNotaryorg Item#5907 Reorder:Call Toll-Free 1.800-876-6827
U
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. Bruegman, 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 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) 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
o �
By
Deputy
� l
Exhibit"A" Legal Description Subject Access Road Property
That portion of Parcel B of Lot Line Adjustment 05-38 recorded as Document No. 2006006,
Fresno County Records, described as follows:
BEGINNING at a point on the East boundary 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, 22.42
feet from the most Easterly corner of said Lot 11; thence North 17040'28" West, along the
East boundary of said Lot 11, a distance of 27.96 feet; thence Northerly, along a non-tangent
curve, concave to the West, whose radius point bears North 78043'10" West, having a radius
of 24.00 feet, through a central angle of 28057'18", a distance of 12.13 feet; thence North
17040'28" West, a distance of 37.00 feet; thence Northerly along a tangent curve, concave to
the East, having a radius of 44.00 feet, through a central angle of 25055'21", a distance of
19.91 feet; thence North 8014'54" East, a distance of 20.94 feet; thence Northeasterly along
a curve, concave to the Southeast, having a radius of 232.00 feet, through a central angle of
11 045'16", a distance of 47.60 feet; thence North 20000'10" East, a distance of 16.90 feet;
thence Northeasterly along a tangent curve, concave to the Southeast, having a radius of
60.00 feet, through a central angle of 67033'31", a distance of 70.75 feet to a point of reverse
curvature; thence Northeasterly along a reverse curve, concave to the Northwest, whose
radius bears North 2026'19" West, having a radius of 363.00 feet, through a central angle of
8007'18", a distance of 51.46 feet to a point of reverse curvature; thence Northeasterly along
a reverse curve, concave to the Southeast, whose radius point bears South 10033'37" East,
having a radius of 241.50 feet, through a central angle of 6044'42", a distance of 28.43 feet;
thence North 860 11'05" East, a distance of 96.13 feet to the intersection with the Southerly
boundary of Outlot Q of Tract 5205, recorded in Volume 75, pages 31 through 55, inclusive,
of Plats, Fresno County Records; thence South 17017'49" East, along the Southerly
boundary of said Outlot Q, a distance of 20.57 feet; thence South 86011'05" West, a distance
of 100.93 feet; thence Southwesterly along a tangent curve, concave to the South, having a
radius of 221.50 feet, through a central angle of 6044'42", a distance of 26.08 feet to a point
of reverse curvature; thence Westerly along a reverse curve, concave to the North, whose
radius point bears North 10033'37" West, having a radius of 383.00 feet, through a central
angle of 8007'18", a distance of 54.29 feet to a point of reverse curvature; thence
Southwesterly along a reverse curve whose radius point bears South 2026'19" East, having a
radius of 40.00 feet, through a central angle of 67033'31", a distance of 47.16 feet; thence
South 20000'10" West, a distance of 16.90 feet; thence Southwesterly along a tangent curve,
concave to the Southeast, having a radius of 212.00 feet, through a central angle of
11 045'16", a distance of 43.49 feet; thence South 8014'54" West, a distance of 20.94 feet;
thence Southerly along a tangent curve, concave to the East, having a radius of 24.00 feet,
through a central angle of 25055'21", a distance of 10.86 feet; thence South 17040'28" East,
a distance of 37.00 feet; thence Southerly along a tangent curve, concave to the West,
having a radius of 44.00 feet, through a central angle of 51°11'40", a distance of 39.31 feet;
thence South 33031'12" West, a distance of 8.44 feet to the intersection with the East
boundary of said Lot 11.
Page 1 of 2
EXHIBIT ''A "
SUBJECT ACCESS ROAD
FRIANT ROAD RIGHT OF WAY
PARCEL A
LLA 04-07
DOC. NO. 20040282733, F.C.R.
SOUTH UNE OF THE NORTHWEST QUARTER
SECTION 1, T.12S.,R.20E., M.D.B.&M.
SCALE: 1"=300'
OUTLOT H PARCEL A
TERRABELLA AT COPPER LLA 04-07
RIVER RANCH,'AMENDED MAP DOC. NO. 20040282733,
OF TRACT 5205, F.C.R.
VOL 76, PGS. 46 THRU
70, OF KATS, F.C.R.
NOTE:
® CROSS HATCHED PORTION
INDICATES EMERGENCY
ACCESS ROAD EASEMENT
OUTLOT Q
TERRABELLA AT COPPER RIVER
RANCH, AMENDED MAP OF
TRACT 5205, VOL 76, PGS.
46 THRU 70,
OF PLATS, F.C.R.
PARCEL B
LLA 05-38
DOC. NO. 20060066877,
F.C.R.
LOT 11
KENSINGTON AT COPPER
RIVER PREPARED BY:
TRACT 5272 EL B
VOL 78, PGS. 3 THRU 6 LLA PARCEL
GARY G. GIANNETTA
OF PLATS, F.C.R. CIVIL ENGINEERING AND
DOC. N0. 20060066877, LAND SURVEYING
O�ONSH�RE F.C.R. 1119 "S" STREET
NORTMA�V&AUE FRESNO, CA 93721
559.254.3590
RU. & M. CITY OF FRESNO
TR 5272
A PORTION OF THE NW 1/4 OF SECTION 12 DPL BY
T,12 S., R.20 E., M. D. B. & M. °H• 9Y SHM HC.
EMERGENCY ACCESS ROAD SDkmCAL °��-'SMMM
NOTARY SEAL_ CLARIFICATION
I certify under penalty of perjury that the "Notary Seal" on the
document to which this statement is attached reads as follows:.
Name. of Notary: R goN pA F. W EssrLS
Commission Number: _ 1 39638
Date commission expires: FEiNU42y / 20ro
State-and County of Commission: s- /rr,6 OF cAL1,FoRN14
COUNTY of fRCrA140
Date: :U L g
Sign a (Firm name; if any)
Govt. Code.See. 27361.7
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