HomeMy WebLinkAboutT-5272 - Agreement/Covenant - 2/3/2009 (3) a
. 2
When Recorded Mail To: IIII III III III II II IIII II III IIII III IIII II IIII II
FRESNO County Recorder
City Clerk Robert C. Werner
City of Fresno DCC— 2008-0102477
2600 Fresno Street Thursday, JUL 17, 2008 14:46:54
Fresno, CA 93721-3603 Tt l Pd $0,00 Nbr-0002807652
DJG/R6/4-21
NO FEE —Govt. Code 6103
CITY of FRESNO
Fire Department
CRR Outlot Q
STATEMENT OF COVENANTS AFFECTING LAND
DEVELOPMENT GRANTING EASEMENT FOR
EMERGENCY VEHICLE ACCESS REQUIRING THE
MAINTENANCE AND REPAIR OF THE
EMERGENCY ACCESS ROAD
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RECITALS
WHEREAS, COPPER RIVER DEVELOPMENT COMPANY, INC., a California
Corporation, 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 "A," 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, COPPER RIVER RANCH VILLAGES, LLC, a California Limited Liability
Company, hereinafter referred to as "Developer," 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:
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
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 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 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 Developer 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. a-U!o, Fresno County
Records,
o2`/-7Co
Statement of Covenants (Golf Course), Document No. , Fresno County Records,
�o�wo2y7-7
Statement of Covenants (Outlot Q, T-5205), Document No. , Fresno County
Records,
Statement of Covenants (Outlot H, T-5205), Document No. 010 2q
, Fresno County
Records,
V68-'Gtozy79
Statement of Covenants (APN 579-073-18), Document No. , Fresno County Records,
?OS,-,CroZyIFo_
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 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 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 "A" 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
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
DATED:�eLLl(1(\bL✓�� �.���
COVENANTOR:
COPPER RIVER DEVELOPMENT
CITY OF FRESNO, COMPANY, INC.
a municipal corporation a California Corporation
By: /
By: 9Q.-4
Randy R. Br gman, Fire Chief
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:
By:
JAMES C. SANCHEZ Gerald V. Lyles, Vi resident
City Attorney
By.
qJoh W.LFox, Deputy By: GLENEAGLES HOMES,
a California Corporation, dba GARY
Dated: L �o MCDONALDOMES, as Member
By:
ry cDo ld,4C- airma
(Attach Notary Acknowledgements)
Page 7 of 8
ALL-PURPOSE ACKNOWLEDGMENT
State of California
SS.
County of �ti^�5/Lp
On We& 13. 2Zb , before me, Notary Public,
DATE
personally appeared ; y 455Pe�id ,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
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.
CRISTINA G.LOPEZ
Commission# 1552075
Z -® Notary Public-California
Z WITNESS my hand and official seal.
�• Fresno County
My Comm.Expires Feb 12,2009
OTARY'S SANATIKE
PLACE NOTARY SEAL IN ABOVE SPACE
OPTIONAL INFORMATION
The information below is optional. However,it may prove valuable and could prevent fraudulent attachment
of this form to an unauthorized document.
CAPACITY CLAIMED BY SIGNER(PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT
❑ PARTNER(S) TITLE(S)
❑ ATTORNEY-IN-FACT
TRUSTEE(S) NUMBER OF PAGES
❑
❑ GUARDIAN/CONSERVATOR
❑ OTHER: DATE OF DOCUMENT
OTHER
SIGNER(PRINCIPAL)IS REPRESENTING: 2
NAME OF PERSON(S)OR ENTITY(IES) RIGHT
THUMBPRINT
OF
SIGNER $
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APA 1/06 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM 02005 VALLEY-SIERRA INSURANCE
STATE OF CALIFORNIA )
ss.
COUNTY OF FRESNO )
On December 7, 2007, 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.
` 9Ep:oFr. JEAN ISHIMOTO
COMM.#1604033
m NOTARY PUBLIC-CALIFORNIAcn
° FRESNO COUNTY p
JeJA Ishimoto, Notary Public gGpOiA My Comm Exp.Sept.3,2009
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
Date of Document: December 7, 2007
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
0
o
By
Deputy
Exhibit "A"
Legal Description
Subject Access Road Property
That portion of Outlot Q of the Amending map of Terrabella at Copper River Ranch, Tract
5205, recorded in Volume 76, pages 46 through 70, inclusive, Fresno County records,
described as follows.-
BEGINNING
ollows:BEGINNING at a point on the line labeled L202 on the Southerly boundary of said Outlot Q,
South 17°15'16" East, a distance of 3.36 feet from the Northerly and of said line labeled
L202; thence South 17°15'16" East, along the Southerly boundary of said Outlot Q, a
distance of 20.57 feet; thence Northeasterly along a non-tangent curve, concave to the
Northwest, whose radius point bears North 3046'22"West, having a radius of 500.00 feet,
through a central angle of 12°39'11", a distance of 110.42 feet; thence North 73034'27" East,
a distance of 248.93 feet; thence Northeasterly along a tangent curve, concave to the
Northwest, having a radius of 60.00 feet, through a central angle of 31°59'52", a distance of
33.51 feet; thence North 41°34'35" East, a distance of 366.33 feet; thence Northeasterly
along a tangent curve, concave to the Southeast, having a radius of 40.00 feet, through a
central angle of 22031'48", a distance of 15.73 feet; thence North 64°06'21" East, a distance
of 144.92 feet; thence Northwesterly along a non-tangent curve, concave to the Northeast,
whose radius point bears North 34033'30" East, having a radius of 1800.00 feet, through a
central angle of 0°43'45", a distance of 22.91 feet; thence South 64°06'21" West, a distance
of 133.75 feet; thence Southwesterly along a tangent curve, concave to the Southeast,
having a radius of 60.00 feet, through a central angle of 22°31'46", a distance of 23.59 feet;
thence South 41034'30" West, a distance of 366.33 feet; thence Southwesterly along a
tangent curve, concave to the Northwest, having a radius of 40.00 feet, through a central
angle of 31'59'52", a distance of 22.34 feet; thence South 73°34'27" West, a distance of
245.93 feet; thence Southwesterly along a tangent curve, concave to the Northwest, having
a radius of 480.00 feet, through a central angle of 12038'50", a distance of 105.95 feet,
thence South 86°13'38" West, a distance of 4.84 feet to the Point of Beginning.
Page 1 of 2
� I
EXHIBIT A
SU CT ACCESS ROAD PROPERTY
OUTLOT H
OUTLOT Q TERRABELLA AT COPPER NOTE:
TERRABELLA AT COPPER RIVER RANCH \ RIVER RANCH TRACT 5205, ®CROSS HATCHED PORTION
TRACT 5205, VOL. 76, PGS. 46 THRU 70, VOL. 76, PGS. 46 THRU
OF PLATS, F.C.R. 70, OF PLATS, F.C.R. INDICATES EMERGENCY
�5 ACCESS ROAD EASEME T
133 �
3%. a a p 0-43' 45"1.
R 1800,00'
L 22,91'
N 22'31' 46"
R 40,00' I
15,73' --�-
PARCEL B, LLA 05-38
DOC. NO. 20060066877, F.C.R.
�f
SCALE: 1'=50'
®NOTE:
CROSS HATCHED PORTION
OUTLOT Q INDICATES- EMERGENCY
TERRABELLA AT COPPER RIVER RANCH ACCESS ROAD EASEMENT
TRACT 5205, VOL. 76, PGS. 46 THRU 70,
OF PLATS, F.C.R.
PARCEL B, LLA 05-38
DOC. NO. 20060066877, F.C.R. Z;
�1
f o�y
f/ y
�sy
J Wy
_y
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y c a ``
%45'6 ryh
Ic 31.59'52" y 3a
Z R 4OW a'1
I L 22.34 1�
�3�34'2i
rl N 8648'48" E ' �1 5.9s' PREPARED BY:
4g0,00 E GARY G. GIANNETTA
p 12.38'50' R N
-7 LAND
CIVIL ENGINEERING AND
LAND SURVEYING
1119 S" STREET
42FRESNO, CA 559.264.35903721
� 2.39-�-��
a CITY OF FRESNO
TR 5272
A PORTION OF THE NW 1/4 OF SECTION 12 m ar
T.12 S., R.20 E., M. D. B. & M. CK By X 11O. 2
EMERGENCY ACCESS ROAD se OF
EXHIBIT " B "
COMPLETE ACCESS ROAD
FRIMTT ROAD RKBTT OF WAY
PARCEL A
LLA 04=07
DOC. NO. 20040282733, F.C.R.
SOUTH LINE OF THE NORn*EST QUARTER
SECTION 1, T.l2t.A20E-. M.D.B.&M.
SCALE: 1"=300'
H PARCEL A
OUTL& LLA 07
AGELLA AT
T COPD R D000. NO. 200040282733.
RIM KANCKOF TRACT 8205. F.0 R.
VOL 78. PGS. 46 THRU
70. OF PLATS. F.C.R.
NOTE:
® CROSS HATCHED PORTION
INDICATES EMERGENCY
ACCESS ROAD EASEMENT
TERRABF.LLAO AT�COPPER RIVER
RANCH, AMEND60 WAP OF
TR11L'T 5205. VOL 76, PGS.
46 THRU 70,
OF PLATS. F.C.R. ply 8
LLA 05-36
DOC. NO. 20060066877.
F.C.R.
KENSINGrOt AT COPPER PREPARED BY:
RMER
TRACT 5272 PARCEL B GARY G. GIANNETTA
VOL.. 78, PGS. 3 TMRU 6 LLA 05-38 CML ENGINEENING AND
OF PLATS. F.C.R. DOC. NO 20060066677. LAND SURVEYING
F.C.R. 1119 'So STREET
FRESNO. CA 93721
NORM��UE 559.264.3590
�, • CITY OF FRESNO
FTR 5272 OL K
A PORTION OF THE NW 1/4 OF SECTION 12 ck or Ow mm
T.12 S.. R.20 E., M. D. B. do M. a y�Si�E1s
EMERGENCY ACCESS ROAD > _
'.1
STATE OF CALIFORNIA
COUNTY OF FRESNO
On December 12, 2007, 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 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.
NOTARY PUBLIC-CALIFORNIA O
.� FRESNO COUNTY n
a< My Commleslon Eupireo -�
February 19,2010
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 —City of
Fresno— Fire Department—CRR Outlet Q (Copper River Development Company, Inc.)
Date of Document: December 7, 2007
Number of Pages:: 8
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of
Trust recorded on December 30, 2004, in the office of the Fresno County Recorder, as
Document No. 2004-0291149, of which the Deed of Trust in, by and between Copper River
Development Company, Inc., a California Corporation , 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 Requiring the Maintenance and Repair of
the Emergency Access Road.
Dated: b� , 2007
BENEFICIARY
f(U�,s�nG °t7krt, 01'�4w Yo
By:
Ca-v-1 F. SwanscM.
(Beneficiary to print4ype document information,
Name, Title and attach Notary Acknowledgment)
i
STATE OF CALIFORNIA )
SS.
COUNTY OF FRESNO )
On December 13, 2007, before me, Jean Ishimoto, Notary Public,
personally appeared Carl F. Swanson,
❑ Personally known tome
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.
4,eP rye JEAN ISNIMOTO
Q� COMM.#1604033 cn
" NOTARY PUBLIC-CALIFORNIA
N � FRESNO COUNTY
JeA Ishimoto, Notary Public gCIFONNP My Comm Exp.Sept.3,2009
Title or Type of Document: Subordination
Date of Document: December 13, 2007
C
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of
Trust recorded on December 30, 2004, in the office of the Fresno County Recorder, as
Document No. 2004-0291151, of which the Deed of Trust in, by and between Copper River
Ranch, LLC, a California limited liability company and Copper River Development
Company, Inc., a California Corporation, as Trustor, Financial Title Company, as
Trustee and Consolidated Land Company, a California limited partnership and
Consolidated Industries, Inc., a California Corporation, Beneficiaries, 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 Requiring the Maintenance and Repair of the Emergency
Access Road.
Dated: 1-2--j-1 , 2007
BENEFICIARY -CONSOLIDATED LAND COMPANY,
a California Limited Partnership
By: --
William R. Tatham, Sr. , General Partner
BENEFICIARY -CONSOLIDATED INDUSTRIES, INC. ,
a Ca ifornia Cor oration
By:
(Bene ic►ary to printypemdocume�nt into�maion
Name, Title and attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Fresno
On December 17, 2007 before me, Suzanne J. Hirata, Notary Public
Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
personally appeared William R. Tatham, Sr.
Name(s)of Signer(s)
® 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.
SUZANNE J. HIRATA
COMM. #1563342 ; WITNESS my hand and official seal.
: NOTARY PUBLIC.CALIFORNIA
FRESNO COUNTY (�
My Comm.Expires Apr.17,2009 J/v
gnature of Notary P c
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
SUBORDINATION (regarding STATEMENT OF COVENANTS AFFECTING LAN
Title or Type of Document: DEVELOPMENT GRANTING EASEMENT FOR EMERGENCY VEHICLE ACCESS
REQUIRING THE MAINTENANCE AND REPAIR OF THE EMERGENCY ACCESS
Document Date: December 17, 2007 Number of Pages: ROAD)
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: William R. Tatham, Sr. Signer's Name:
❑ Individual ❑ Individual
® Corporate Officer ❑ Corporate Officer
Title(s): President Title(s):
® Partner—❑ Limited ER General ❑ Partner—❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee _ ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator - N.ejUl" iii
❑ Other: Top of thumb here ❑ Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
CONSOLIDATED LAND COMPANY, a
CA Limited Partnership and
CONSOLIDATED INDUSTRIES, INC. ,
a CA corporation
01996 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder.Call Toll-Free 1-800-876-6827
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of
Trust recorded on December 30, 2004, in the office of the Fresno County Recorder, as
Document No. 2004-0291155, of which the Deed of Trust in, by and between Copper River
Development Company, Inc., a California Corporation, as Trustor, Financial Title
Company, a California Corporation, as Trustee and Copper River Ranch, LLC, a
California Limited Liability Company, 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
Requiring the Maintenance and Repair of the Emergency Access Road.
Dated:��IC:�-nnber 2 , 2007
P�l� Rr 1/FR /aw CH Lce-
BENEFICI q
��
By:
v . McD al ct
By:
0'41Z(Us 4sscmt
(Beneficiary to print4ype document information,
Name, Title and attach Notary Acknowledgment)
1
STATE OF CALIFORNIA )
SS.
COUNTY OF FRESNO )
On December 12, 2007, before me, Jean Ishimoto, Notary Public,
personally appeared Gary L. McDonald,
14 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.
g.pL OF ly JEAN ISHIMOTO
P COMM.#9604033 u�
° of NOTARY PUBLIC-CALIFORNIA
FRESNO COUNTY
JeaH Ishimoto, Notary Public eqL�oa My Comm Exp.Sept 3,2009
Title or Type of Document: Subordination
Date of Document: December 12, 2007
TO
ALL-PURPOSE ACKNOWLEDGMENT
State of California
County ofSS.
On Dgtgft
=gf 13, �a , before me, l�'t�'S`�7�lLQ �,. �_ _ , Notary Public,
DATE —�
personally appeared D dXI(,z5 6.!5�/2-[a ,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
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.
CRISTINA G.LOPEZ WITNESS my hand and official seal.
Commission# 1552075
•"� Notary Public-CalitoMlo S
Fresno County —
My COMM.Expires Feb 12,2009
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