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Home My WebLink AboutT-5272 - Agreement/Covenant - 11/21/2006 (4) a When Recorded Mail To O City Clerk 0 City of Fresno z 2600 Fresno Street O Fresno, Ca 93721-3603 U J Lu W NO FEE- Govt. Code 6103 11/07/2006120060236$40 a CITY of FRESNO Fire Department 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 Statement of Covenants Fire Protection Measures Final Map of Tract No. 5272 Page 2 RECITALS WHEREAS, COPPER RIVER RANCH VILLAGES, LLC, a California Limited Liability Company, hereinafter referred to as the"Covenantor,"without regard to number or gender, is the owner of certain real properties in the City of Fresno, County of Fresno, State of California, hereinafter referred to as the "Subject Property" and more particularly described as: Lots 1 through 25, inclusive, of Tract No. 5272 according to the map thereof recorded on A lomfrnkv /r 7 , 20OL in Volume 7e�— of Plats at Page(s) 3, Y. .5 Fresno County Records; and WHEREAS, the Covenantor hereby warrants that any and all parties having record title interest in the Subject 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 is not acceptable to the Fresno Fire Department, absent additional measures to insure adequate fire protection services; and WHEREAS, the Covenantor has requested the City to proceed with the approval and Statement of Covenants Fire Protection Measures Final Map of Tract No. 5272 Page 3 recording of the Final Map of Tract No. 5272 subject to the limitations on the provision of fire protection services by the Fresno City Fire Department and limitations and restrictions on the development of certain lots of the Subject Property. COVENANTS, CONDITIONS AND RESTRICTIONS COVENANTOR hereby covenants that the Subject 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 Property and shall be binding upon and inure to the benefit of each successive owner of the Subject Property and his heirs, administrators, successors, and assigns. 2. Covenantor and City agree: a. Said Lots 1, 2, 3, 24 and 25 are situated within 450 feet of the intersection of North Fox Hill Drive and East Club House Avenue and will not require additional fire protection measures. b. Said Lots 17 through 21, inclusive, are adequately accessible by way of the temporary point of access accessible for emergency vehicles, more particularly described in the attached Exhibit A, and will not require additional fire protection measures. 3. Said Lots 4 through 16, inclusive, 22 and 23 are located more than 450 feet from either point of access. Accordingly, these lots will require the following additional fire protection measures. Covenantor agrees to install a fire sprinkler system for each structure on such lots. Covenantor agrees to construct fire sprinkler systems of appropriate design for the particular Statement of Covenants Fire Protection Measures Final Map of Tract No. 5272 Page 4 structure acceptable to the Fresno City Fire Department. Covenantor agrees to maintain such system in working order at all times. Upon the sale of such Lots by Covenantor to the initial purchaser(the"Initial Purchaser"),the Initial Purchaser,and his/her/their successors interest, heirs and assigns, shall be solely responsible to maintain the fire sprinkler system located in, or on such Lots,at his/her/their sole cost and expenses. Any additions, improvements and other modifications to the structure or to the fire sprinkler system shall maintain the integrity and effectiveness of the fire sprinkler system and shall be made pursuant to permits issued by the City Planning and Development Department and the City of Fresno Fire Department. 4. The conditions of this Statement are intended to benefit the public and public properties. Accordingly, the City of Fresno shall have the right to enforce this Statement by any legal or equitable means against the Covenantor and such person or persons in actual possession of Subject Property who directly or who through any agent violate the terms hereof. 5. 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 records such release with the Fresno County Recorder. 6. 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 enforceablility 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 Property owned by the undersigned,jointly and severally binding upon the undersigned and each of their heirs, representatives, successors and assigns. Statement of Covenants Fire Protection Measures Final Map of Tract No. 5272 Page 5 DATED: l tD 1 �O CITY OF FRESNO, COVENANTOR: a Municipal Corporation COPPER RIVER RANCH VILLAGES, LLC, a California Limited Liability Company By: 2~ �� By: LYLES DIVERSIFIED, INC, Randy R. Bf6egman, Fire C ' f a California Corporation, as Member Fire Department By: erald V. Lyles, Vi resident APPROVED AS TO FORM: By: GLENEAGLES HOMES, a California Corporation, JAMES C. SANCHEZ dba GARY DONALD HOMES, as Member City Attorney f r By: By: Deputy M ona d, Chairman (Attach Notary Acknowledgment) STATE OF CALIFORNIA COUNTY OF FRESNO On October 17, 2006 before me, Rhonda E. Wessels, Notary Public, personally appeared Gerald V. Lyles, PIJ]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. WITNESS my hand and official seal. RHONDA! E. ELS COMM. # 1639639 -; Jo NOTARY PUBLIC-CALIFORNIA 0 Q/I,n., fir✓ L• InJtaCLt.�i/ J My FRESNO COUNTY n Commleelon Explree Rhonda E. Wessels, Notary Public February 18,2010 Title or Type of Document: 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 Date of Document: October 16, 2006 Number of Pages: 5 STATE OF CALIFORNIA ) ss. COUNTY OF FRESNO ) On October 16, 2006, 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. .5"L0F'�e JEAN ISHIMOTO COMM.#1604033 `LS � m NOTARY PUBLIC-CALIFORNIAc70n r ° FRESNO COUNTY ] an Ishimoto, Notary Public C01FOPNP My Comm Exp.Sept.3,2009 Title or Type of Document: 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 Date of Document: October 16, 2006 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on August 23, 2006, in the office of the Fresno County Recorder, as Document No. 2006-0176118 of which the Deed of Trust in, by and between Copper River Ranch Villages, LLC, a California limited liability company, as Trustor, Financial Title Company, a California corporation, as Trustee and Copper River Development Company, Inc., a California corporation, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing 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. Dated: October 10 , 2006 BENEFICIARY Copper River Development Company, Inc., a California corporation r By: (I Al G c M onald First Vie President (Beneficiary to prinbtype document information, Name, Title and attach Notary Acknowledgment) STATE OF CALIFORNIA ) SS. COUNTY OF FRESNO ) On October 16, 2006, before me, Jean Ishimoto, Notary Public, personally appeared Gary McDonald "X 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. PS PL OFry� JEAN ISHIMOTO � a COMM.#1604033 cn Ls-.'�Lnq'-,:Ab cc NOTARY PUBLIC-CALIFORNIAcn (n r ° FRESNO COUNTY Je Ishimoto, Notary Public My Comm Exp.Sept.3,2009 Title or Type of Document: Subordination Date of Document: October 16, 2006 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, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing 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. Dated: October �? , 2006 BENEFICIARY Housing Capital Company, a Minnesota partnership, By: 1'1A y1/ Thomas G. Walker Vice President (Beneficiary to print4ype document information, Name, Title and attach Notary Acknowledgment) STATE OF CALIFORNIA ) ) ss. COUNTY OF FRESNO ) On October 17, 2006, before me, Jean Ishimoto, a Notary Public, personally appeared Thomas G. Walker, ❑ 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. P5�Au: F y, JEAN ISHIMOTO COMM.#1604033 w° m NOTARY PUBLIC-CALIFORNIA C'40 FRESNO COUNTY °QFOA�" My Comm Exp.Sept.3.2009 Je Ishimoto, Notary Public Title or Type of Document: Subordination Date of Document: October 17, 2006 CLERK'S CERTIFICATION State of California) County of Fresno) On November 1. 2006, before me, Elvia Sommerville, Deputy City Clerk, personally appeared, Randy R. Bruegman, Fire Chief, 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 be 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. WITNESS my hand and official seal. REBECCA E. KLISCH CITY CLERK, CMC By SEI� Deputy APN 579-072-17S (portion) Emergency Access Easement EXHIBIT "A" That certain real property situate in Section 12, Township 12 South, Range 20 East, Mount Diablo Base and Meridian, City of Fresno, State of California, being a portion of, Lot 35 as shown on Tract Map No. 5270 "Villa Alicante at Copper River", recorded in Book 76, of Plats, Pages 19-23, Fresno County Records, being more particularly described as follows: The westerly 20.00 feet of said Lot 35. Contains an area of 3,248 square feet, more or less END OF DESCRIPTION �5�D LAND SUNG \vim gyp,\G E qG F 0. `rl OF C p,-* 4c9 a01,4F11(106 X- J- PL OUTLOT "I" OF AMENDING MAP TOFF TRACT. EXHIBIT !!A!! 5205 "TERRA.BELLA AT COPRIVER RK.P 6R PGS. 46-70CN EMERGENCY ACCESS EASEMENT F.C.R. AND PROPOSED FINAL MAP OF TRACT NO. 5272, PHASE 4 OF VESTING TENTATIVE MAP N0, 5205 PARCEL D LT N O v$ ADJUSTMENT 05—38LINE DOC. No. G�vNv� 20060066877 O.R.F.C. Psi Pv cl 0 OZ r, 20' COURT WAY ` NG$ 37.20' Psi �� TRACT 5270 'VILLA `Z` ALICANTE AT COPPER RIVER" RK. 76, PGS. 19-23, �• LAND S�R� EGEND F.C.R. __ 40 AREA TO BE DEEDED FOR 0 1" = 60' EJ EMERGENCY ACCESS SCALE IN FEET EXPI . 12 - PURPOSES N 68 P1 INDICATES RECORD DATA PER THE AMENDING FINAL 0 30 60 120 TgTFOF CAUFG��\P MAP OF TRACT 5205 "TERRABELLA AT COPPER RIVER RANCH" BK. 76, PR V ST& PGS. 46-70, FRESNO PRITCHARD DATE SIGNED: z6focM COUNTY RECORDS DAM 10/27/08 m! muA Au[ JOB Iq. 18720201 stoR wAr ont-ha m N0. 0000 !e/w►nm na fe,/w-mf w.,.w.s REF. do REV. C I T Y OF F R E S N O PROD. ID. FUND N0. PW FILE No, DEPARTMENT OF PUBLIC WORKS ORG. NO. PLAT N0. PORTION OF THE WEST HALF OF SECTION 12 DR. BY so SHEET NO. 1 T.12 S., R.20 E.,M.D.B.&M. CH. BY MH OF 2 SHEETS TO BE DEEDED FOR EMERGENCY ACCESS DATE 10/23/06 PURPOSES SCALE 1" = 60'