The URL can be used to link to this page

Home My WebLink AboutT-5272 - Agreement/Covenant - 10/28/2008 When Recorded Mail To: City Clerk City of Fresno 2600 Fresno Street 102412008,2008015095 Fresno, California 93721-3603 CITY OF FRESNO Fire Department cc 0 u- z 0 ca w w RELEASE OF 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 Release of Covenant Tract No. 5272 Fire protection Measures Page 2 WHEREAS, COPPER RIVER RANCH VILLAGES, LLC, a California Limited Liability Company, entered into a covenant providing for fire protection measures to be provided and maintained within Tract No.5272, Phase 4 of vesting Tentative Map No. 5205/UGM recorded on November 7, 2006 as Document No. 2006-0236840 of Official Records of Fresno County, hereinafter referred to as the "Covenant;" and WHEREAS, said Covenant is attached as Exhibit A; and WHEREAS, the property affected is more specifically described in said Exhibit; and WHEREAS, the Fire Chief has determined that the terms of the said Covenant have been satisfied pursuant to the provisions of the permanent second emergency access easements recorded on July 12, 2008 as Document Nos. 2008-01012475, 2008-01012476, 2008-01012477, 2008-01012478, 2008-01012479, and 2008-01012480 of Official Records of Fresno County and that the continued existence and enforcement of said Covenant are no longer necessary. NOW,THEREFORE, in accordance with the provisions of said Covenant,the City of Fresno does hereby release the Subject Property from said Covenant and that it shall be of no further force or effect. DATED: CITY OF FRESNO a Municipal Corporation By: ?-, gznt,s Randy R. Bruegman, Firethief Fire Department APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney By. JO FOX, Deputy City Attorney DATE CLERK'S CERTIFICATION State of California ) County of Fresno ) On October 13, 2008, before me, Jennifer Morelos, 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. l 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 By Gv De uty f��Oi^ Z d h 7pq�¢.Z'P,• ` Whzn Recorded Mail To IIVIIIIII�lllllllllllllllllllllll�llllllllllllll� FRESNO County Recorder Robert C. Werner City Clerk DOC— 2006-0236840 Cit of Fresno t�� City Acct 1-Financial Title Company 2600 Fresno Street Tuesday, NOV 07, 2006 08:00:00 Fresno, Ca 93721-3603 Tt 1 Pd $0.00 Nbr-0002344281 JJC/R8/3-14 NO FEE -Govt. Code 6103 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 EXHIBIT A 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 i(/OVP_/►')be r `Z 20LL in Volume of Plats at Page(s)��y 5 t (a 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 anyone 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: I O — — (n CITY OF FRESNO, COVENANTOR: a Municipal Corporation COPPER RIVER RANCH VILLAGES, LLC, a California Limited Liability Company By: 1 � . �_ By: LYLES DIVERSIFIED, INC, Randy R. Vuegman, Fire CW4f a California Corporation, as Member Fire Department By: erald V. Lyes, Vice sident APPROVED AS TO FORM: By: GLENEAGLES HOMES, a California Corporation, JAMES C. SANCHEZ dba GARY McDONALD HOMES, as Member City Attorney By: A !N By: Deputy ry M D nald, 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, Personally known to me n 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.WESSELS COMM. # 1639639 -^ NOTARY PUBLIC-CALIFORNIA 0 A ' 1• _ I / J FRESNO COUNTY 0 K�wr+t�✓__ W +�`� F My Commission Expires 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. eE; Fly JEAN ISHIMOTO W COMM.#1604033 N ,fwI�A�� Lslv�— � W m NOTARY PUBLIC-CALIFORNIAA o ° FRESNO COUNTY J&bn Ishimoto, Notary Public ° Fop"'' My Comm Exp.Sept.3,zoos 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. 52051UGM. Dated: October , 2006 BENEFICIARY Copper River Development Company, Inc., a California corporation By: 4Firt . onald cePresident (Beneficiary to print4ype 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 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, ,EaoF, MEAN ISHIMOTO COMM.#1604033 NOTARY PUBLIC. AnD FRESNO COUNTYrnL My Comm Exp.Sept.3,2009 leaL'n Ishimoto, Notary Public 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, Thomas G. Walker Vice President (Beneficiary to prinbtype 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. l F� JEAN ISHIMOTO �, O; 1F (/S ` � �e .w. COMM.#1604033 NOTARY FRESNO COUNT-CALIORNIA A C,IhI�J N ° FRESNO COUNTY °+ iro ` MY Cemm Exp.Sept.3.2009 JeA 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 n By .P�a.i Deputy APN 579-072-17S (portion) Emergency Access Easement EXHIB IT"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 pf, 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 S�Q i_AND \G E• ,9G �'c" G o. F OF CALW X5272 �l •OUTLOT "r' OF THE EXHIBIT "A" AMENDlNC MAP OF TRACT. 5205 "TERRABELLA AT COPBK.P76R PCS.46—RIVR 7oCN EMERGENCY ACCESS EASEMENT F.C.R. AND PROPOSED FINAL MAP OF TRACT NO. 5272, PHASE 4 OF VESTING TENTATIVE MAP NO. 5205 �j PARCEL D LOT LINE NO ADJUSTMENT 05-38 DOC. No. 20060066877 0.R F.C. � Ps Pv �I C , o ,0 I O 20' COURT WAY 37.20' E CJ TRACT 5270 "VILLA ALICANTE AT COPPER RIVER" BK. 76, PGS. 19-23, qr \-ANDS F.C.R. 00 Q' URG EGEND Z. s' V 1" = 60' � z AREA TO BE DEEDED FOR 0 �� EMERGENCY ACCESS SCALE IN FEET PURPOSES N 68 P1 INDICATES RECORD DATA PER THE AMENDING FINAL 0 30 60 120 fgTFOF CAUF� MAP OF TRACT 5205 "TERRABELLA AT COPPER �® RIVER RANCH" BK. 76, PROVOST& PGS. 46-70, FRESNO PRIT.C�HARDy DATE SIGNED: COUNTY RECORDS — art ,onU� s m�„o,., REF. kREV. C I T Y OF F R E S N O PROD. ID. FUND N0. PW FILE No. DEPARTMENT OF PUBLIC WORKS DRG. No. PLAT N0. PORTION OF THE WEST HALF OF SECTION 12 DR. By sn SHEET N0. 1 T.12 S.,R.20 E.,M.D.B.BM. CH. BY MH OF 7 SHEETS TO BE DEEDED FOR EMERGENCY ACCESS DATE 10/23/06 PURPOSES SCALE 1' = 60'