HomeMy WebLinkAboutT-5272 - Agreement/Covenant - 2/3/2009 (4) Illi III III I III II II IIII II III IIII I III I
1111111When Recorded Mail To: IN II
FRESNO County Recorder
Robert C. Werner
City Clerk DDC— 2008-0102478
City of Fresno Thursday, JUL 17, 2008 14:46:54
2600 Fresno Street Tt 1 Pd $0.00 Nbr-0002801653
Fresno, CA 93721-3603 DJG/R6/4-21
NO FEE —Govt. Code 6103
CITY of FRESNO
Fire Department
CRR Outlot H
STATEMENT OF COVENANTS AFFECTING LAND
DEVELOPMENT GRANTING EASEMENT FOR
EMERGENCY VEHICLE ACCESS REQUIRING THE
MAINTENANCE AND REPAIR OF THE
EMERGENCY ACCESS ROAD
ANO S UIVR0i NATioN
^0 S090,01AU TioN
/9M Z0&6-?i0/N,f-ndy
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:
a�oZy�S
Statement of Covenants (Lot 11, T-5272), Document No.2j�O , Fresno County
Records,
��o2y��
Statement of Covenants (Golf Course), Document No. ag, , Fresno County Records,
,J -7
Statement of Covenants (Outlot Q, T-5205), Document No. , Fresno County
Records,
-IM o,o1o2 8'
Statement of Covenants (Outlot H, T-5205), Document No. , Fresno County
Records,
Statement of Covenants (APN 579-073-18), Document No. , Fresno County Records,
,Wo$,OIO2L180
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:1)2r-2.rY1y� r�2ob9 COVENANTOR:
COPPER RIVER DEVELOPMENT
COMPANY, INC.
CITY OF FRESNO, a California Corporation
a municipal corporation
By:
n DAR IUS A SSFM i
By: �.o-t(
Randy R. Effuegman, Fire Uief DEVELOPER:
Fire Department
COPPER RIVER RANCH VILLAGES, LLC,
a California Limited Liability Company
By: LYLES DIVERSIFIED, INC,
a California Corporation, as Member
APPROVED AS TO FORM: By:
Gerald V.tyles, Vice esident
JAMES C. SANCHEZ
City Attorney
B By: GLENEAGLES HOMES,
Jo n W. Fox, Deputy a California Corporation, dba GARY
MCDONALD OMES, as ember
Dated: rD�o2 7��o�
By: ✓�'
1VIcDonald, Chairman
(A tach Notary Acknowledgements)
Page 7 of 8
ALL-PURPOSE ACKNOWLEDGMENT
Fon
of California
ty of rrPsn� SS.
Dueji= ,-- 1.3a 2 , before me, ��I(`t�`�j`� �_ , Notary Public,
DAXE
personally appeared �{/`I t,15 �.5 5�/t-U ,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
CRISTINA G.LOPEZ of which the person(s) acted, executed the instrument.
'aCommission#1552075
. _ Notary Public-Calltornia
' Fresno County
Notary
Expires Feb 12,20091 WITNESS my hand and official seal.
N ARY'S SIGN URE
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 CLAIl4ED BY SIGNER(PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT
p
PARTNER(S) TITLE(S)
ATTORNEY-IN-FACT
NUMBER OF PAGES
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER: DATE OF DOCUMENT
OTHER
SIGNER(PRINCIPAL)IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES) r
RIGHT
THUMBPRINT
OF
SIGNER 10
0
a
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APA 1/06 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SrERRA.COM ®2005 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.
C �P`gE1, OFr JEAN ISu f
Q
jas (n C0$0O
NOTARY PUBLIC-CALIFORNIA
Y FRESNO COUNTY
JeA Ishimoto, Notary Public ^<<FON My Comm Enp.Scpt.3,2060
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.
/ 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
0
By
Deputy
Exhibit "A"
Legal Description
Subject Access Road Property
That portion of Outlot H of the Amending Map of Terrabella at Copper River, Tract 5205,
recorded in Volume 76, pages 46 through 70, inclusive, of Plats, Fresno County Records,
lying within the property, described as follows:
BEGINNING at the Northeast corner of said Outlot H, said Northeast corner being a point on
the North line of the Northwest Quarter of Section 12, Township 12 South, Range 20 East,
Mount Diablo Base and Merdian; thence North 88024'30" East, along said North line, a
distance of 5.98 feet; thence South 9056'24" East, a distance of 195.13 feet; thence
Southerly along a tangent curve, concave to the West, having a radius of 370.00 feet,
through a central angle of 16034'07", a distance of 107.00 feet; thence South 6°37'43" West,
a distance of 116.64 feet; thence South 9°14'13" West, a distance of 64.14 feet; thence
Southwesterly along a tangent curve, concave to the Southeast, having a radius of 480.00
feet, through a central angle of 5°55'11", a distance of 49.50 feet; thence South 3019'02"
West, a distance of 257.27 feet; thence Southwesterly along a tangent curve, concave to the
Northwest, having a radius of 200.00 feet, through a central angle of 19015'27", a distance of
67.22 feet to a point of reverse curvature; thence Southwesterly along a reverse curve,
whose radius point bears South 67°25'31" East, having a radius of 100.00 feet, through a
central angle of 20040'29", a distance of 36.08 feet; thence South 1054'00" West, a distance
of 162.97 feet; thence Southwesterly along a tangent curve, concave to the Northwest,
having a radius of 60.00 feet, through a central angle of 62°12'21", a distance of 65.14 feet;
thence South 64006'21" West, a distance of 39.25 feet to the intersection with the
Northeasterly boundary of Outlot Q of said Amending Map of Terrabella at Copper River,
Tract 5205; thence Northwesterly along said Northeasterly boundary, being along a non-
tangent curve, concave to the Northeast, whose radius point bears North 34°33'30" East,
having a radius of 1800.00 feet, through a central angle of 0043'45", a distance of 22.91 feet;
thence North 64006'21" East, a distance of 50.42 feet; thence Northeasterly along a tangent
curve, concave to the Northwest, having a radius of 40.00 feet, through a central angle of
62°12'21", a distance of 43.43 feet; thence North 1054'00" East, a distance of 162.97 feet;
thence Northeasterly along a tangent curve, concave to the Southeast, having a radius of
120.00 feet, through a central angle of 20040'29", a distance of 43.30 feet to a point of
reverse curvature; thence Northeasterly along a reverse curve, whose radius point bears
North 67°25'31" West, having a radius of 180.00 feet, through a central angle of 19015'27", a
distance of 60.50 feet, thence North 3019'02" East, a distance of 257.27 feet; thence
Northeasterly along a tangent curve, concave to the Southeast, having a radius of 500.00
feet, through a central angle of 5°55'11", a distance of 51.66 feet; thence North 9014'13"
East, a distance of 63.68 feet; thence North 6037'43" East, a distance of 116.19 feet, thence
Northerly along a tangent curve, concave to the West, having a radius of 350.00 feet, through
a central angle of 16°34'07", a distance of 101.21 feet; thence North 9056'24" West, a
distance of 198.06 feet to the intersection with the North line of said Northwest Quarter,
thence North 88024'30" East, along said North line, also being along the North boundary of
said Outlot H, a distance of 14.24 feet to the Point of Beginning.
Page 1 of 2
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� �• i - --- FRESNO, CA 93721
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i TRACT 5205, VOL. 76, PGS. (R) MATCH LINE A 559.264.3590 MATCH
46 THRU 70, OF PLATS, F.C.R. 'J
B
CITY OF FRESNO
TR 5272
A PORTION OF THE NW 1/4 OF SECTION 12
T.12 S., R.20 E., M. D. B. & M. CH. W SHEIT ND.—2
EMERGENCY ACCESS ROAD sam °`—�SHEETS
U
EXHIBIT B
COMPLETE ACCESS ROAD
FRU►NT ROAD RICHT 00 WAY
PARCEL A
LLA 04=07
DOC, NO. 20040282733, F.C.R.
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SECTION OF THR.20ENORrHw BT wrtR
SCALE: 1"-300'
0" H PARCEL A
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TERRA9p1A AT COPPER 0407
MAP DOC. N0. 200040282733,
VER AMENDED
RIRANCOF .TRACT 5205.
F.C.R.
VOL. 78, PGS. 46 THRU
70. OF PLATS, F.C.R.
NOTE:
® CROSS HATCHED PORTION
INDICATES EMERGENCY
ACCESS ROAD EASEMENT
7ER� LELA AT�COPPER RIVER
RANCH, AMENDED MAP OF
TRACT 5205. VOL 76, PGS.
46 THRU 70,
OF PLATS, F.C.R. PAS 6
UA05-38
DOC. NO. 200 0066877,
F.C.R.
K SAT COPPER PREPARED BY:
TIV= 5272 PARCEL 8 GARY G. GUWNETTA
VOL. 78, PGS. 3 THRU 6 LLA 05-38 CML ENGINEEMNG AND
OF PLATS, F.C.R& DOC. N0. 20080066817. LAND SURVEYING
F.C.R. 1119 ,S' STREET
�ypf►` \ ` FRMW. CA 93721
NOR1H A�uE 559.264.3590
�,•�►. CITY OF FRESNO
TR 5272 UL K
A PORTION OF THE NW 1/4 OF SECTION 12 UL� skW No.
T.12 S., R.20 E., M, D. S. do M. a ... .�>
EMERGENCY ACCESS ROAD
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.
Y - FWEssns
COMM. 0 9559639
) NOTARYFUBLlb^CALIFORMA0
11/�.Dr.at[✓ 4/, (n�J�P�Y JwFRESNO COUNTY
My Commission Expires
Rhonda E. Wessels, Notary Public February 19,zo;o
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 H (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. 2004-0291151, 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: 12007
BENEFICIARY - CONSOLIDATED LAND COMPANY,
a California Limited Partnership
By
(7 - -
WzyTiam R. Tatham, Sr. , General Partner
BENEFIC ARY - CONSOLIDATED INDUSTRIES, INC. ,
a Cali ornia Corporation
By:
i ita , r. Presient
(Beneficiary to print4ype document information,
Name, Title and attach Notary Acknowledgment)
0
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 WITNESS my hand and official seal.
COMM. #1563342
NOTARY PUBLIC-CALIFORNIA'-
FRESNO
CALIFORNIA;FRESNO COUNTY
My Comm.Expires Apr.17,2009
Signature of Notary PbIbfic
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: 1 ROAD)
Signer(s) Other Than Named Above:
Capacity(les) 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 ® General ❑ Partner—❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee
❑ Guardian or Conservator - ❑ Guardian or Conservator e I - RLIM
ICI
❑ 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 1-8076827
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: E)e-JCe— YI69 2 , 2007
( CfMPEk R VER R4)dC?LLelr
BENEFICIARY ,11_,FoRNiq Ltnitt�q �rgQ�Lira
By:
' vy L.. Mc�av,al
By:
(Beneficiary to print4ype document information,
Name, Title and attach Notary Acknowledgment)
r"11
STATE OF CALIFORNIA )
SS.
COUNTY OF FRESNO )
On December 12, 2007, before me, Jean Ishimoto, Notary Public,
personally appeared Gary L. McDonald,
APersonally 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.
pL OF JEAN ISHIMOTO
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v a mCOMM.#1604033 cn
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NOTARY PUBLIC-CALIFORNIA
N ° FRESNO COWITY
JeYn Ishimoto, Notary Public O,l rOHP My comm Exp.seot3,aoos
Title or Type of Document: Subordination
Date of Document: December 12, 2007
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ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of ,rPSnp SS.
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On Na I6j_ 13, , before me, ��`l�`�j��Q �,, Notary Public,
DATE �7—
personally appeared AX I L ;:2 4 5 5e'/-U ,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
a ®� Notary Public-California
'r.,, Fresno County WITNESS my hand and official seal.
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My Comm.Expires Feb 12,2009F
N ARY'S SIG A
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.
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n ATTORNEY-IN-FACT
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APA 1/06 NOTARYBONDS,SUPPLIES AND FORMS AT HTrP://WWW.VALLEY-SIERRA.COM 02005 VALLEY-SIERRA INSURANCE
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:b2Ce,►M6e.1 13 , 2007
BENEFICIARY /�aUri�C �Pi�iz (or�,p,g�,ry
Iq M i NNa SaTA PAttTNARsry�
By: Z �/'
Cawl F. Swa►nscm
(Beneficiary to print4ype document information,
Name, Title and attach Notary Acknowledgment)
q'10
STATE OF CALIFORNIA )
ss.
COUNTY OF FRESNO )
On December 13, 2007, before me, Jean Ishimoto, Notary Public,
personally appeared Carl F. Swanson,
❑ Personally known to me
-A 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.
=Epu OF 7�E JEAN ISHIMOT0
n „ 1 P COMM.09604033
ILlJI.Y`J
m�NOTARY PUBLIC CALIFORNIA
TY
Jea Ishimoto, Notary Public ;S r��OFONNP klyCommSEp. SpNO t.3,2009
Title or Type of Document: Subordination
Date of Document: December 13, 2007
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