HomeMy WebLinkAboutT-5272 - Agreement/Covenant - 2/3/2009 (6) ' III)IIIIIIIIIIII�)IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
When Recorded Mail To:
FRESNO County Recorder
Robert C. Werner
City Clerk DOC— 2008-0102480
City of Fresno Thursday, JUL 17, 2008 14:46:54
2600 Fresno Street Tt 1 Pd $0.00 Nbr-0002807656
Fresno, CA 93721-3603 DJG/R6/3-18
NO FEE —Govt. Code 6103
CITY of FRESNO
Fire Department
CRR 57907322
STATEMENT OF COVENANTS AFFECTING LAND
DEVELOPMENT GRANTING EASEMENT FOR
EMERGENCY VEHICLE ACCESS REQUIRING THE
MAINTENANCE AND REPAIR OF THE
EMERGENCY ACCESS ROAD
/VIVO svQ0[Z8w1gTioN
RECITALS
WHEREAS, GYDA LAND 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.2°1 QIoF es o County
Records,
mag(y 0 2'YVR
Statement of Covenants (Golf Course), Document No. , Fresno County Records,
k-0 024!'x'7
Statement of Covenants (Outlot Q, T-5205), Document No. , Fresno County
Records,
�g=61C,2q-7F
Statement of Covenants (Outlot H, T-5205), Document No. , Fresno County
Records,
Fr -zq-79
Statement of Covenants (APN 579-073-18), Document No.200 , Fresno County Records,
,)40g-01a211,?0
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: 'D1l9-C-L 6Cv -I COVENANTOR:
GYDA LAND COMPANY, INC.
a California Corporation
CITY OF FRESNO,
a municipal corporation
By:
�AP,yM6b6MHQ
By: KC64AAv DEVELOPER:
Randy R.truegman, Fire 15hief
Fire Department COPPER RIVER RANCH VILLAGES, LLC,
a California Limited Liability Company
By: LYLES DIVERSIFIED, INC,
a California Corporation, as Member
By:
APPROVED AS TO FORM: Gerald V. Lyles, VicePfesident
JAMES C. SANCHEZ
City Attorney
By: GLENEAGLES HOMES,
By: a California Corporation, dba GARY
John ox, Deputy MCDONA OMES, as Member
Dated:
By4LTa
onald, Chairman
(Attach Notary Acknowledgements)
Page 7of 8
STATE OF CALIFORNIA )
ss.
COUNTY OF FRESNO )
On December 7, 2007, before me, Jean Ishimoto, Notary Public,
personally appeared Gary McDonald,
.K Personally known to me
❑ Proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized capacity,
and that by his signature on the instrument the person, or the entity upon
behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
`gP��F.tiF JEAN ISHIMOT0
L_1Jl__�V v e mCOMM.#1604033 N
¢ ° NOTARY PUBLIC CALIFORNIA(n
° FRESNO COUNTY �
J n Ishimoto, Notary Public °'LIMA`P 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.
/ 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
a
J
By
Deputy
Exhibit "A"
Legal Description
Subject Access Road Property
That portion of Parcel A of Lot Line Adjustment No. 04-07 recorded as Document No.
20040282733, 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 Northwest Quarter of Section 12, Township 12 South, Range 20 East, Mount
Diablo Base and Meridian; thence North 88°24'30" East, along said North line, a distance of
5.98 feet; thence South 9°56'24" 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 3°19'02" 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 19°15'27", 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 64°06'21" 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 5055'11
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 16034'07", 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
NORTHWEST CORNER
PARCEL A
EXHIBIT 9' 9 N 81424' E " 8598 O E
NORTH LINE OF THE NORTHWEST QUARTER SECTIONI2, T.12S.,R.20E., M.D.B.VoM. i / -z
SUBJECT AOCESS ROAD PROPERTY � fi D
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EXHIBIT " B "
COMPLETE ACCESS ROAD
FRUANT ROAD RIGHT OF WAY
PARCEL A
LLA 04=07
DOC. NO. 20040262733, F.C.R.
SOUTH LINE OF THE NORTHIMEST QUARTER
SECTION 1. T.12S.JL20E.. M.D.B.&M.
SCALE: 1"=300'
H PARCEL A
OtffL0fTERRABEWI AT COPPER LLA 00 07
RIVER RANCH. AMENDED MAP DOC. N0.
OF TRACT 5205. F.C.R, 82733.
VOL. 78, PGS. 46 THRU
70. OF PLATS. F.C.R.
NOTE:
® CROSS HATCHED PORTION
INDICATES EMERGENCY
ACCESS ROAD EASEMENT
OOT 0
TERRABELLAA A COPPER RIM
RANCH, AMENDED MAP OF
TRACT 5205. VOL 76, PGS.
46 THRU 70.
OF PLATS. F.C.R. per, B
LLA 05-38
Dot. NO. 200$0066877,
F.C.R.
LOT 11
KENSINGNGtNAAT COPPER PREPARED BY:
TPIACT 5272GARY G. GIANNETTA
VOL. 78. PGS. 3 "Ll6 LLA X36 CMI, ENGINEERING AND
OF PLATS, F.C.Ri DOC. NO. 20080066817. LAND SURVEYING
F.C.R. 1119 'S" STREET
FRESNO, CA 93721
559.264.3590
FTR
CITY OF FRESNO
72 CL
A PORTION OF THE NW 1/4 OF SECTION 12 ck K
T.12 S., R.20 E., M. D. B. do M. 314W
EMERGENCY ACCESS ROAD lakm
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.
�r10 : JA W�SSELS
COMW # 1639639
NOTARY PUBLIC-CALIFORNIA 0
' 1
FRESNO COUNTY
My Commisslan Fxplree
Rhonda E. Wessels, Notary Public February 1E,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 57907322 (GYDA Land Company, Inc.)
Date of Document: December 7, 2007
Number of Pages:: 8
�y
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. 2004-0291150, of which the Deed of Trust in, by and between Copper River
Ranch, LLC, a California limited liability company, 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.
DatedJ)e—CemktV 13 ' 2007
BENEFICIARY #6V c/'/C 61P/TA2 6' WY
�) M I n►NE'S�Ti9 PAm7v�'�Sl�/P
By:
C2✓I F. Svc la n Sc�P1
(Beneficiary to print4ype document information,
Name, Title and attach Notary Acknowledgment)
U,
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
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.
% ryEpLOP,� JEAN ISHIMOTO
4VL r a COMM.#1604033 cn
Wy NOTARY PUBLIC-CALIFORNIA
FRESNO COUNTY
JeA Ishimoto, Notary Public '(1Fo+i?' My Comm Exp.SepL3,2000
Title or Type of Document: Subordination
Date of Document: December 13, 2007
I
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of
Trust recorded on August 29, 2007, in the office of the Fresno County Recorder, as
Document No. 20070162516, of which the Deed of Trust in, by and between Gyda Land
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: beCe mbe - 12 , 2007
BENEFICI �PP-rQ R we p, kHGy uei
/� CpCRz iFG�2NN4 fid �U�ILi�
By:
7�By:
04WX A-CS1rM1
(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,
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.
q1 OF JEAN fSHIMOTO
1gE.•i;;��F
er WP COMM.#1604033 cn
t t U) o m
_ _ \ NOTARY PUB COUNIFORNIAc�i�
J�� � FRESNO COUNTY
�gLIFONN�P My Comm Exp.Sept.3,2009
An Ishimoto, Notary Public
Title or Type of Document: Subordination
Date of Document: December 12, 2007
5
i
ALL-PURPOSE ACKNOWLEDGMENT
F
of California
n of SS.
h' �r'P�n�State
._- 13, ZZ)2 , before me, �Jt(`(5`�j`�Q �. �?_ , Notary Public,
DATE
personally appeared �/'1 I,l 5 �. 5�/�-[.1 ,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.
CRIS7 G.LOPEZ
Commission#1552075 1 WITNESS my hand and official seal.
4P.. ,My
Notary Public-California
Fresno County
Comm.Expires Feb 12,2009
N ARY,s SIG ATURE
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 CLAE1 ED 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:
NAME OF PERSON(S)OR ENTITY(IES) RIGHT C
THUMBPRINT
OF
SIGNER o
a
0
F-
APA 1/06 NOTARYBONDS,SUPPLIES AND FORMS ATHTTP://WWW.VALLEY-SIERPA.COM ®2005 VALLEY-SIERRA INSURANCE
e
NOTARY SEAL CLARMCATION
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: i R Holvolg . (NESS ELS
Commission Number:
Date commission expires: y
State-and County of Commission: s r A,c or- C41-rrvt?AI1.OI
�1UN Ty aG r2�snrd
Date: Svc,Y 1-7 oux
Signature irm name; if any)
Govt. Code. Sec. 27361.7'