HomeMy WebLinkAboutT-5608 - Agreement/Covenant - DCC&Rs - 12/27/2018 When Recorded Return To: 2018-0153412
FRESNO County Recorder
Paul Dictos, CPA
Mazen A1Hindi Thursday, Dec 27, 2018 08:00:00 AM
1273 E. Shaw Avenue, Suite 103
CONFORMED COPY
Z Fresno, CA 93710
C) HasCopydocumentof
not beencomparedrwith original -
L)
1,1.1
4
W
a.
ENABLING DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR ESTABLISHMENT OF THE CASA DI FORTUNA APARTMENTS DEVELOPMENT
VESTING SUBDIVISION TRACT 5608
FRESNO, CA
Page I of 24
TABLE OF CONTENTS
Article I. Recitals....................................................................................
Article II. Definitions and Interpretations............................................................
Article III. Easements..............................................................................
Article IV. Use Restrictions....................... ...........................................
Article V. Maintenance Obligations...................................................
Article VI. Indemnification and Insurance...................................,,....................
Article VII. Damage or Destruction; Condemnation..............................................
ArticleVIII. Taxes......................._...............................................................
Article IX. Rights of the City of Fresno
Article X General Provisions........................................................................
Page 2 of 24
ENABLING DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR ESTABLISHMENT OF THE CASA DI FORTUNA APARTMENTS DEVELOPMENT
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR
ESTABLISHMENT OF THE CASA DI FORTUNA APARTMENTS DEVELOPMENT in the City of
Fresno (this "Declaration") is made as of Oct. 10, 2018, by and between MAZEN ALHINDI ("First
Declarant") and ANJANETTE ALHINDI ("Second Declarant") (collectively referred to herein as
"Declarants"), on the one hand, with reference to the following facts:
I. RECITALS.
WHEREAS Declarants are the fee simple owners, as joint tenants, of that certain real property
referred to herein as Parcels 1, IA and 2, located in the City of Fresno, County of Fresno, State of
California, more particularly described, as follows:
PARCEL 1:
THE NORTH 100 FEET OF THE SOUTH 505 FEET OF THE EAST ONE-HALF OF
THE WEST ONE HALF OF THE EAST ONE-HALF OF THE NORTHWEST
ONE-QUARTER OF THE NORTHWEST ONE QUARTER OF SECTION 15,
TOWNSHIP 13 SOUTH, RANGE 19 EAST, MOUNT DIABLO BASE AND
MERIDIAN ACCORDING TO THE OFFICIAL PLAT THEREOF.
PARCEL IA:
A NON-EXCLUSIVE RIGHT OF WAY FOR PRIVATE ROAD OVER THE WEST 16
FEET OF SAID EAST ONE-HALF OF THE WEST ONE-HALF OF THE EAST
ONE-HALF OF THE NORTHWEST ONE QUARTER OF THE NORTHWEST
ONE-QUARTER OF SAID SECTION; EXCEPTING THE SOUTH 505 FEET; ALSO
THE RIGHT TO CONDUCT WATER TO IRRIGATE SAID SOUTH 505 FEET OF THE
EAST ONE-HALF OF THE WEST ONE-HALF OF THE EAST ONE-HALF OF THE
NORTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID
SECTION, OVER THE EAST ONE-HALF OF THE WEST ONE-HALF OF THE EAST
ONE-HALF OF THE NORTHWEST ONE-QUARTER OF THE NORTHWEST
ONE-QUARTER OF SAH SECTION. EXCEPTING THE NORTH 528 FEET AND
THE SOUTH 505 FEET THEREOF.
PARCEL 2:
THE SOUTH 505 FEET OF THE EAST 1 /2 OF THE WEST 1 /2 OF THE EAST 1 /2 OF
THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 15, TOWNSHIP 13
SOUTH,RANGE 19 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE CITY
OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA, ACCORDING TO
THE OFFICIAL PLAT THEREOF:
Page 3 of 24
EXCEPTING THEREFROM THE EAST 149 FEET OF THE NORTH 100 FEET;
TOGETHER WITH A NON-EXCLUSIVE RIGHT OF WAY FOR A PRIVATE ROAD
OVER THE WEST 16 FEET OF SAID EAST 1/2 OF THE WEST 1/2 OF THE EAST 1/2
OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION.
APN's: 510-040-03, 510-040-04 and 510-040-14
WHEREAS First Declarant is the fee simple owner of that certain real property referred to herein
as Parcel 3, located in the City of Fresno, County of Fresno, State of California, more particularly
described as follows:
PARCEL 3:
THE SOUTH 505 FEET OF THE WEST QUARTER OF THE EAST HALF OF THE
NORTHWEST
QUARTER OF THE NORTHWEST QUARTER; THE EAST 20 FEET OF THE NORTH
469.61 FEET OF THE EAST HALF OF THE WEST HALF OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER; AND THE EAST HALF OF THE
WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER,
EXCEPT THE NORTH 469.61 FEET THEREOF, ALL IN SECTION 15, TOWNSHIP 13
SOUTH,RANGE 19 EAST, MOUNT DIABLO BASE AND MERIDIAN,ACCORDING
TO THE OFFICIAL PLAT THEREOF. EXCEPTING THEREFROM THE NORTH 50
FEET OF THE EAST 20 FEET OF THE EAST HALF OF THE WEST HALF OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER, AS GRANTED TO
THE COUNTY OF FRESNO MARCH 10, 1965 IN BOOK 5142 PAGE 335, AS
DOCUMENT NO. 20387, OFFICIAL RECORDS.
APN's: 510-040-03, 510-040-04 and 510-040-14
Parcel 3 is situated adjacent to Parcels 1, 1 and 2, and said parcels are collectively referred to herein as
the "Property".
WHEREAS Declarants intends to subdivide the Property into 27 parcels, plus a remainder, in
accordance with the Final Subdivision Map of Tract 5608, which is attached hereto as Exhibit "A" (the
"Subdivision Map"), and incorporated into this Declaration by this reference;
WHEREAS, Declarants intend to improve the Property, with the exception of the remainder
parcel, by constructing multiple apartment buildings and common areas (the "Project"), in accordance
with the Subdivision Map. Before oing so, Declarants intend by this document to impose upon the
Project mutually beneficial restrictions under a general plan of improvement for the benefit of the entire
Property;
WHEREAS the Project will consist of 34 apartment buildings, containing 102 individual
apartment units and garages, as well as common areas, a community pool and clubhouse, and the existing
historic Brewer Adobe Home, as more fully depicted in the Subdivision Map. The type and location of the
buildings and improvements in the Project will be as follows:
Page 4 of 24
Lot Number Buildin Number(s) Building Type Apartment Units
1 22 6 4
2 23, 24 7 4
3 21 4 4
4 20 8 4
5 Exist Home and Pool
6 18 2 4
7 19 8 4
8 17 1 2
9 13 8 4
10 8, 12 7 4
11 11 4 4
12 Community Building
13 14, 15 1 4
14 16 4 8
31, 32 1
15 28, 29 1 4
16 9 8 4
17 10 4 4
18 7 4 4
19 6 4 4
20 33, 34 1 4
21 26, 27 1 4
22 1, 2 7 4
23 3, 4 4 8
24 5 4 4
25 25 2 4
26 30 6 4
TOTAL APARTMENT UNITS 102
WHEREAS the Project is expected to be developed in Five (5)Phases, in accordance with the Site
Plan, as follows:
Phase 1 24 units
Phase 2 14 units
Phase 3 20 units
Phase 4 20 units
Phase 5 25 units
Phase 1 to Phase 5 of this Project will be subject to this Declaration upon its recordation. Each subsequent
Phase annexed to the project will be subject to this Declaration upon the recording of a Declaration of
Annexation applicable to each such Phase by Declarants;
WHEREAS, MAZEN ALHINDI ("First Declarant") and ANJANETTE ALHINDI ("Second
Declarant") (collectively referred to herein as "Declarants"), managing and maintaining the Project and
Page 5 of 24
enforcing the terms of this Declaration on the current and future owner(s) of the aforementioned parcels,
and Occupants within the Project, as hereinafter provided;
WHEREAS, MAZEN ALHINDI ("First Declarant") and ANJANETTE ALHINDI ("Second
Declarant") (collectively referred to herein as "Declarants"), will govern and elect a Board of Directors
who shall be elected by the Parcel Owners, in accordance with this CC&R ; and
WHEREAS, in accordance with said Subdivision Map, Declarants desire to subject the Property
and such other property in the Subdivision Map which may be annexed, as provided herein, to the
following covenants, conditions, restrictions and reservations (hereinafter referred to as the
"Restrictions") upon and subject to which all or any portion of said Property shall be held, improved and
conveyed.
NOW, THEREFORE, Declarants hereby declare that Phase 1 (and the property in each
subsequent phase of the Project) shall be held, conveyed, mortgaged, encumbered, leased, rented, used,
occupied, sold, and improved, subject to the following declarations, limitations, covenants, conditions,
restrictions and easements, all of which are imposed as equitable servitudes pursuant to a general plan for
the subdivision and development of the Project for the purpose of enhancing and protecting the value and
attractiveness of the Project, and every part of it,in accordance with the Site Plan and Subdivision Map for
the improvements of the Project. All of the limitations, covenants, conditions, restrictions and easements
shall constitute covenants that run with the land and are binding upon Declarants and their successors and
assigns, and all parties having or acquiring any right, title or interest in or to any part of the Project or the
Property in the Project.
ARTICLE II.DEFINITIONS AND INTERPRETATIONS.
A. Definitions:
"Annexation": The process whereby Annexation Property is added to the Project as additional Phases
upon the recording of a Declaration of Annexation applicable to each such Phase by Declarants;
"Annexation Property": The real property described as a remainder on Tract Map 5608 attached as
Exhibit"A" which may be annexed to and become apart of the Project.
"Assessment": The cost of maintaining, improving, repairing, operating and managing the Project
[including Reserves] which is to be paid by Declarants and any future owners of the Parcels.
"Board" or "Board of Directors": The governing body of MAZEN ALHINDI ("First Declarant") and
ANJANETTE ALHINDI ("Second Declarant") (collectively referred to herein as "Declarants").
"Bylaws": The Bylaws by board of director, as amended from time to time.
"Common Area(s)": All of the Project (excepting the individual buildings constructed thereon) title to
which is held by all of the Building Owners in common, as described in the Site Plan attached hereto as
Exhibit"B", including the Community Building and Pool and the Brewer Adobe Home.
Page 6 of 24
"Common Expenses": Those expenses for which Parcel Owner is responsible in accordance with this
Declaration, including, but not limited to, the following: (a) actual and estimated costs of inspecting,
maintaining,managing and operating the Project; (b)unpaid Special Assessments, and amounts the Board
determines are necessary to maintain and fully fund the Reserve Fund; (c) the costs of all utilities for the
Common Area, or that are metered to more than one Condominium, and any other utilities or services
(such as trash removal) that are billed to the Association for the benefit of the Project; (d) the cost of
managing and administering the Corporation, including compensation for managers, accountants,
attorneys, and employees; (e) inspection, maintenance, repair and replacement of Common Area
improvements and facilities required by this Declaration and all other expenses incurred by the
Corporation for the common benefit of the Parcel Owners, including the cost of inspection and
maintenance, janitorial services, (elevator maintenance) and other inspection and maintenance services
that benefit the Project; (f)premiums for all insurance covering the Project and insurance policies for the
directors, officers and agents of the Corporation, and bonding the Members of the Board; (g)taxes paid by
the Corporation; and(h) amounts paid by the Corporation for discharge of any lien or encumbrance levied
against the Project.
"Declaration of Annexation": An instrument executed, acknowledged and recorded by Declarants that
imposes covenants, conditions or restrictions or reserves easements for all or a portion of the Annexation
Property in addition to the covenants, conditions, restrictions and easements established by this
Declaration. A Declaration of Annexation may modify this Declaration as it applies to the real property
encumbered by the Declaration of Annexation.
"Governing Documents": This Declaration, as amended from time to time, the exhibits, if any, that are
attached to the Declaration,together with the other basic documents used to create and govern the Project,
including the Map, the Site Plan, the Articles, the Bylaws, and the Subdivision Map.
"Occupant": A Person who legally occupies an apartment unit, including, without limitation, a tenant or
guest, invitee, renter, lessee, family member, or relative.
"Parcel Owner" or "Parcel Owners": The record holder, whether one (1) or more Persons or entities
(all of whom or which, collectively constitute one (1) Owner, with each Parcel, for all purposes of this
Declaration, having no more than one (1) Owner, in each case, as from time to time designated on the
records of the Corporation) of fee simple title to a Parcel, including Declarant, expressly excluding: (a)
Those Persons or entities having (i) an interest merely as security for the performance of an obligation
and/or(ii)option rights;rights of first refusal; rights of first negotiation and/or a recorded memorandum of
any such rights, in each case until such Persons or entities obtain fee title to the Parcel and/or (b) those
Persons or entities who have leasehold and/or other non-ownership occupancy interests in an apartment
Unit. If a Parcel is sold under a recorded installment contract of sale, the purchaser under the contract of
sale, rather than the holder of the fee interest, shall be considered the "Owner" from and after the date the
Corporation receives written notice of the recorded contract of sale. The term "Owner" includes
Declarants with respect to each Parcel that Declarants own.
"Parcel": The individual plots of land within the Project as set forth in the Subdivision Map.
"Private Street(s)": Those Private Street(s)located within the Common Area shown on the approved Site
Plan, see Exhibit`B"
Page 7 of 24
B. Interpretations:
"General Rules": This Declaration shall be liberally construed to effectuate its purpose of creating a
uniform plan for creating and operating a residential condominium development and maintaining the
Common Area.As used in this Declaration,the singular includes the plural and the plural the singular. The
masculine, feminine and neuter each includes the other, unless the context dictates otherwise.
"Articles, Sections and Exhibits": The Article and Section headings have been inserted for convenience
only and may not be considered in resolving questions of interpretation or construction. Unless otherwise
indicated, any references in this Declaration to articles, sections or exhibits are to Articles, Sections and
Exhibits of this Declaration.
"Priorities and Inconsistencies": If there are conflicts or inconsistencies between the Governing
Documents, then the provisions of this Declaration shall prevail. If there are any conflicts or
inconsistencies between this Declaration and a Declaration of Annexation, then the Declaration of
Annexation shall control with respect to those Condominiums that are encumbered by the Declaration of
Annexation.
"Severability": The provisions of this Declaration are independent and severable. A determination of
invalidity or partial invalidity or unenforceability of any one provision of this Declaration by a court of
competent jurisdiction does not affect the validity or enforceability of any other provisions of this
Declaration.
"Statutory References": All references made in this Declaration to statutes are to those statutes as
currently in effect or to subsequently enacted replacement statutes.
Article III. Easements.
3.1. Ingress and Egress. Each Parcel Owner hereby grants to each other Parcel Owner as
grantee, for the benefit of each other and their respective Occupants, customers and invitees and for the
benefit of the Parcels owned by such grantee a non-exclusive easement appurtenant to each grantee's
Parcel for the purpose of ingress and egress by vehicular and pedestrian traffic upon, over, across and
through the grantor's Parcel. Without limiting the generality of the foregoing, Declarants hereby grant and
establish a non-exclusive easement over, across and through the entry driveway into the Property from
Santa Ana Street and Shaw Avenue, as indicated on the Site Plan attached hereto, including any future
reconfiguration thereof("Entry Driveway"), for ingress and egress in and out of the Property, for the
benefit of Declarants, all future Parcel Owners, their Occupants, customers and invitees. This Section 3.1
will not create any rights in any parties other than the Parcel Owners, and no Parcel Owner will have the
right to grant easements for ingress, egress, parking or use of the Common Area to any third party who is
not a Parcel Owner or Occupant or a customer or invitee of a Parcel Owner or Occupant.
3.2. Parking. Each Parcel Owner, with respect to its Parcel, hereby grants to each other
Parcel Owner as grantee, for the benefit of each other Parcel Owner, and their respective Occupants,
customers and invitees of the Property and for the benefit of the Parcels owned by such grantee and as a
burden on the grantor's Parcel, a non-exclusive easement appurtenant to each grantee's Parcel for the
Page 8 of 24
purpose of vehicular parking upon the Common Area of such Parcel for the purpose of access to the
Property.
3.3. Utility Lines; such as P.G.&E, gas and electric lines, water main, sewer main, and storm
drainage pipe. Each Parcel Owner, as grantor with respect to its Parcel, hereby grants each other Parcel
Owner as grantee, for the benefit of each other Parcel Owner and its Parcel, non-exclusive easements
appurtenant to the Parcel owned by the grantee, under,through and across the Common Area of the Parcel
owned by the grantor for the installation, maintenance, repair and replacement of water drainage systems
or structures, water mains, storm drains, sewers, water sprinkler system lines, telephone or electrical
conduits or systems, gas mains, transformers and other facilities for utilities necessary for the orderly
development and operation of the Common Area and each Building in the Property. The rights granted
pursuant to such easements will at all times be exercised in such manner as to cause the least interference
with the rights of other Parcel Owners and with the normal operation of the Property. Except in an
emergency,the right of any Owner to enter upon the Parcel of another Owner for the exercise of any right
pursuant to such easements will be conditioned upon obtaining the prior written consent of such other
Owner. All such systems, structures, mains, sewers, conduits,lines and other facilities,with the exception
of transformers, for utilities will be installed and maintained below the surface or ground level of such
easements. In the event an Owner deems it necessary to cause the installation of a storm drain, electric
line, sewer or other Utilities across the Common Area of any other Parcel subsequent to the initial paving
and improving thereof, the Owner thereof agrees not to unreasonably withhold the granting of any
necessary additional easements, provided that in no event will such installation be permitted if it would
unreasonably interfere with the normal operation of any business of the Property;and provided further,the
Parcel Owner making or causing such installation will, at its expense, completely restore to the previously
existing or better condition all Common Area Improvements and surfaces disrupted as a result of such
installation. In the event it should be necessary to grant any of the foregoing easements and rights to local
utility companies as a condition of their providing or continuing service, such rights will be granted at no
cost so long as the Parcel Owners required to execute such instruments deem the terms and conditions of
such a grant to be reasonably acceptable.
3.4. Drainage Easement. Each Parcel Owner grants to each other Parcel Owner a
non-exclusive easement over its Parcel for surface water drainage over and through the existing drainage
patterns and storm water drainage systems or such other drainage patterns that may be established from
time to time among the Parcels in accordance with this Declaration.Nothing herein will prevent an Parcel
Owner from relocating the drainage patterns established upon such Owner's Parcel, subject to this
Agreement.
3.5. Recorded Easements. The Property and each Parcel Owner shall be subject to any and all
easements recorded prior to, or in connection with the development of the Project, copies of which are
reflected on Tract Map 5608, see Exhibit`B", and incorporated by this reference.
Article IV. Use Restrictions.
4.1. Property Use. The Property shall only be used and operated as a multi-family apartment
complex.
4.2. Common Area Use. The Common Area will be used for the following purposes only:
Page 9 of 24
(a) Parking of motor vehicles, and pedestrian and vehicular ingress and egress by Parcel
Owners and their Occupants, agents, employees, customers and other invitees,to and from
Buildings, Common Area and adjacent public streets;
(b) Parking stalls, private streets, seating areas and sidewalks (excluding Service
Facilities), walls, ramps, driveways, lanes, curbs, gutters, flagpoles, bike racks, newspaper sales
racks,public telephones, bus stops and similar facilities for accommodating public transportation,
traffic control areas, signals,traffic islands, landscaped areas,traffic and parking lighting facilities
and monument signs with appropriate underground electrical connections,and all things incidental
thereto;
(c) Public utility installations serving Buildings or the Common Area which will, if
reasonably possible, be underground;
(d) Ingress and egress of delivery and service vehicles to and from the Property or any
portion thereof and adjacent public streets;
(e) Delivery of goods, wares, merchandise and the retention of services to Owners and
Occupants of the Property;
(f) Perimeter walls and fences;
(g) If required by Law, recycling facilities or pickup points; and
(h) Lighting standards and any other landscaping or Common Area Improvements as may
be required by Law or as may be consented to by the Owner(s) of the Parcels.
In addition, the Common Area may be used for the following purposes: (i) in connection with the
construction and maintenance of utility lines so long as such activity is undertaken in strict compliance
with the requirements of Section 3.3 of this Agreement; and (ii) for any other use required by Law. No
Building, barricade, structure or other Improvements may be placed, erected or constructed within the
Common Area on any Parcel except trash enclosures,pylon and other free-standing signs (to the extent
not herein prohibited) and directional signs, bumper guards or curbs, paving, landscaping and landscape
planters,lighting standards, driveways, sidewalks, walkways,parking stalls,columns or pillars supporting
roof overhangs,and any other Improvements as may be required under Laws or are otherwise permitted by
this Declaration.
Article V. Maintenance Obligations.
5.1. Maintenance of Common Areas. The Parcel Owners shall be exclusively responsible for the
cost of maintaining and managing the Common Areas throughout the Property, including all landscaping
and improvements thereon, in a safe and good quality working condition. The maintenance of Common
Areas includes, but is not limited to, the following:
(a) Maintaining the paved surfaces in a level, smooth and evenly covered condition with
the type of surfacing material originally installed or such substitute as will in all respects be equal
or superior in quality, use and durability including seal coating the parking lot within such
Owner's Parcel not less frequently than once each five (5) years;
Page 10 of 24
(b) Removing all papers, debris, filth and refuse, and thoroughly sweeping the area to the
extent reasonably necessary to keep the area in a clean and orderly condition and removing trash
and litter from areas within the Property where such trash and litter emanated from such Owner's
Parcel;
(c) Placing, keeping in repair, and replacing appropriate directional signs, markers, lines
and parking stall lines, where necessary;
(d) Operating, keeping in repair, and replacing such artificial lighting facilities as will be
reasonably required;
(e) Maintaining all landscaped areas and repairing automatic sprinkler systems or water
lines and replacing shrubs and other landscaping as is necessary;
(f) Maintaining and repairing any and all improvements, structures, buildings, walls and
utilities; and
(g) Maintaining free and unobstructed access to and from its Parcel and the adjoining
portions of the Property and to and from its Parcel and the streets adjacent thereto.
The Parcel Owners hereby covenant and agree that MAZEN ALHINDI ("First Declarant") and
ANJANETTE ALHINDI ("Second Declarant") (collectively referred to herein as "Declarants"), shall be
solely authorized and responsible for the management and maintenance of the Common Areas throughout
the Property,at the expense of the Parcel owners,which expense shall be apportioned and assessed against
the Parcel Owners by MAZEN ALHINDI ("First Declarant") and ANJANETTE ALHINDI ("Second
Declarant") (collectively referred to herein as "Declarants"), in proportion to the number of apartment
units owned by such Parcel Owner. The Parcel Owners further agree that MAZEN ALHINDI ("First
Declarant") and ANJANETTE ALHINDI ("Second Declarant") (collectively referred to herein as
"Declarants"), shall be authorized to impose and collect monthly assessment dues to cover the costs
associated with the maintenance and repair of the Common Areas as required herein ("Maintenance
Assessments").
5.2. Maintenance of Buildings. Each Parcel Owner will, at its own expense, cause the
Building and improvements located on its Parcel to be maintained at all times in a safe, good and clean
condition and repair. The Parcel Owners undertaking such work will take all measures necessary to
minimize any disruption or inconvenience caused by such work. Such work will be accomplished by the
Parcel Owner or Occupant undertaking it in a reasonable manner so that any damage or adverse effect
which might be caused by such work to any other Parcel Owner or to any Parcel (including the Parcel on
which the work is being accomplished)is minimized.The Parcel Owner undertaking such work will repair
at its own cost any and all damage caused by such work and will restore the affected portion of any Parcel
(including the Parcel upon which such work is performed) to a condition which is equal to or better than
the condition which existed prior to the beginning of such work. In addition,the Parcel Owner undertaking
such work will pay all costs and expenses associated therewith and will indemnify, protect, defend and
hold all other Parcel Owner(s) from all liabilities, damages, losses, costs, expenses or claims arising out
of, in connection with or attributable to the performance of such work. Except in cases of emergency (in
which event concurrent notice or no notice appropriate under the circumstances will be all that is
required), all such work which causes disruption or inconvenience to any other Owner or Occupant or to
any Parcel (including the Parcel on which the work is being accomplished) will be undertaken only after
Page 1 I of 24
giving all Parcel Owners fifteen (15) days prior written notice of the work to be undertaken, the scope and
nature of the work, the duration of the work and the area in which the work is to be performed.
5.3. Parcel Owner's Right to Cure or Abate. If any Parcel Owner(a"Defaulting Owner")
violates the provisions of this Article, or permits or suffers any Occupant of its Parcel to violate this
Article, then the Parcel Owners hereby covenant and agree that MAZEN ALHINDI ("First Declarant")
and ANJANETTE ALHINDI ("Second Declarant") (collectively referred to herein as "Declarants"), in
addition to any other remedy provided for in this Declaration,may demand by written notice(the"Default
Notice") that the violation be cured. If the Defaulting Owner does not cure the violation of a monetary
obligation within ten(10) days after delivery of the Default Notice,or if such non-monetary default is of a
kind that cannot reasonably be cured within thirty (30) days and the Defaulting Owner does not within
such thirty(30) day period commence to cure such default and diligently thereafter prosecute such cure to
completion, then the MAZEN ALHINDI ("First Declarant") and ANJANETTE ALHINDI ("Second
Declarant") (collectively referred to herein as "Declarants"), will have the right to (i)pay any sum owed
by the Defaulting Owner to the person entitled thereto, (ii) enter upon the Parcel of the Defaulting Owner
and summarily abate, remove or otherwise remedy any Improvement, thing or condition which violates
this Article, and(iii) enter upon the Parcel of the Defaulting Owner (or any portion of the Common Area
owned by the Defaulting Owner) and perform any obligation of the Defaulting Owner to be performed
thereon. The Defaulting Owner will, within ten (10) days of written demand by any other Owner,
accompanied by appropriate supporting documentation, reimburse MAZEN ALHINDI ("First
Declarant") and ANJANETTE ALHINDI ("Second Declarant") (collectively referred to herein as
"Declarants"), for all costs and expenses incurred by MAZEN ALHINDI ("First Declarant") and
ANJANETTE ALHINDI ("Second Declarant") (collectively referred to herein as "Declarants"), in
undertaking any of the actions permitted by this Article, including without limitation, wages,benefits and
overhead allocable to the time expended by any employee of MAZEN ALHINDI ("First Declarant") and
ANJANETTE ALHINDI ("Second Declarant") (collectively referred to herein as "Declarants"), in
taking such actions, together with 10% interest thereon accruing from the date such costs and expenses
were advanced or incurred by the MAZEN ALHINDI ("First Declarant") and ANJANETTE ALHINDI
("Second Declarant") (collectively referred to herein as "Declarants"),
5.4. Common Area Utilities. Common Area artificial lighting facilities,water lines, sewer
lines, storm drain line, gas line, electric lines and other utilities will be separately metered to the Parcel on
which they are located. Lighting for the Common Area(other than lighting necessary for security of the
Property) will remain on each day until at least midnight(unless to do so is contrary to any Law, in which
event the standard so prescribed will be adhered to while in effect). Lighting representing not less than
twenty-five percent (25%) of full intensity of the Common Area lighting system, uniformly distributed
throughout the Common Area, will remain on each day after midnight until dawn for security purposes,
unless to do so is contrary to any Law, in which event,the standard so prescribed will be adhered to while
in effect.
5.5 Rights of the City of Fresno. MAZEN ALHINDI ("First Declarant") and ANJANETTE
ALHINDI ("Second Declarant") (collectively referred to herein as "Declarants"), , shall be exclusively
responsible for the maintenance of all landscaping, irrigation systems, easements, sidewalks and street
furniture within the public street right of way;all public street trees within the boundaries of the final map;
and all other property and improvements that MAZEN ALHINDI ("First Declarant") and ANJANETTE
ALHINDI("Second Declarant")(collectively referred to herein as "Declarants"), is required to maintain
pursuant to Fresno Municipal Code Section 15-4003. The cost of such maintenance shall be apportioned
and assessed against the Parcel Owners by MAZEN ALHINDI ("First Declarant") and ANJANETTE
Page 12 of 24
ALHINDI ("Second Declarant") (collectively referred to herein as "Declarants")„ in proportion to the
number of apartment units owned by such Parcel Owner(s).
Declarants and all Parcel Owners acknowledge and agree that the Project is subject to compliance
to the requirements of Fresno Municipal Code Section 15-4003, which are summarized as follows:
(a) The City shall be granted the right of immediate access to all portions of the common
areas for the purpose of preserving the public health, safety, and welfare;
(b) MAZEN ALHINDI ("First Declarant") and ANJANETTE ALHINDI ("Second
Declarant") (collectively referred to herein as "Declarants"), shall have the duty to maintain and
repair all on-site sewer, water, and storm drainage facilities, unless the City or Flood Control
District have determined that a particular facility should be public to provide necessary system
completion or otherwise protect public health, safety, and welfare;
(c) MAZEN ALHINDI ("First Declarant") and ANJANETTE ALHINDI ("Second
Declarant") (collectively referred to herein as "Declarants"), shall have the duty to pay all utility
and waste collection charges which are not separately metered and billed, including, but not
limited to, charges for sewer, water, gas, solid waste, sanitation, and electric service;
(d) Should public utilities, including, but not limited to, sewer and water be located
underneath private streets, or should the street be public while said utilities be private, language
shall be provided indicating that the City shall not be responsible for private pavement repairs
beyond the minimum amount this is directly related to the future utility main repair work.
(e)No property owner shall alter, modify, reconstruct, or do any other thing to any party
wall or to any plumbing, electrical, or mechanical fixture located along such wall which will
impair the integrity of the wall as a fire separation without the review and approval of the Building
Official;
(f) Landscaping shall be provided and maintained by MAZEN ALHINDI ("First
Declarant") and ANJANETTE ALHINDI ("Second Declarant") (collectively referred to herein as
"Declarants"), in those common areas adjacent to public streets and highways. MAZEN
ALHINDI ("First Declarant") and ANJANETTE ALHINDI ("Second Declarant") (collectively
referred to herein as "Declarants"), shall provide and maintain the landscaping in such areas in a
manner compatible with the requirements of the Development Code, and shall not decrease the
amount of assessments charged against Parcel Owners if such decrease will adversely affect the
ability of the association to perform this maintenance;
(g) MAZEN ALHINDI ("First Declarant") and ANJANETTE ALHINDI ("Second
Declarant") (collectively referred to herein as "Declarants"), shall be responsible to provide street
sweeping/cleaning within the common area; and
(h) Any amendment by MAZEN ALHINDI ("First Declarant") and ANJANETTE
ALHINDI ("Second Declarant") (collectively referred to herein as "Declarants"), to the above
provisions or any other provision specifying any right of the City shall require the prior written
consent of the City
Article VI. Indemnification and Insurance.
Page 13 of 24
6.1. Indemnification. Each Parcel Owner("Indemnifying Party")hereby indemnifies, holds
harmless and defends the other Parcel Owner("Indemnified Party(ies)") from and against all claims,
damages, expenses (including, without limitation,reasonable attorney's fees and reasonable investigative
and discovery costs), liabilities and judgments on account of injury to persons, loss of life, or damage to
property occurring on its Parcel, caused by the active or passive negligence or willful misconduct of the
Indemnifying Party, its agents, servants or employees; provided, the Indemnifying Party does not
indemnify the Indemnified Party against any injury, loss of life, or damage which is caused by the active
or passive negligence or willful misconduct of the Indemnified Party, the other Parcel Owners in the
Property, or their agents, servants or employees. The parties' obligations with respect to indemnification
hereunder will remain effective, notwithstanding the expiration or termination of this Agreement, as to
claims arising or accruing prior to the expiration or termination of this Agreement.
6.2. Liability Insurance Coverage and Limits for Owners, Each Parcel Owner agrees to
maintain, and/or cause to be maintained, at no cost to the other Parcel Owners, commercial general
liability insurance insuring its interests against claims for personal injury, bodily injury, death and
property damage occurring on, in or about the Property and the ways immediately adjoining the Property,
with a"Combined Single Limit" (covering personal injury liability, bodily injury liability and property
damage liability) of not less than Four Million Dollars ($4,000,000.00) for total claims for any one
occurrence.
6.3. Waiver of Certain Rights. With respect to any loss or damage that may occur to the
Property (or any improvements thereon) or the respective property of the Parcel Owners therein, arising
from any peril customarily insured under a fire and extended coverage insurance policy, regardless of the
cause or origin, excluding willful acts but including negligence of the Parcel Owners, their agents,
servants or employees, the Parcel Owner suffering such loss hereby releases the other Owner from all
claims with respect to such loss; and the Parcel Owners each agree that their respective insurance
companies will have no right of subrogation against the other Parcel Owner on account of any such loss,
and each Parcel Owner will procure from its respective insurers under all policies of fire and extended
coverage insurance a waiver of all rights of subrogation against the other Parcel Owners which the
insurers might otherwise have under such policies.
6.4. Policy Requirements. Insurance coverage required by this Declaration may contain the
following elements, so long as the required coverage is not diminished,the required limits are not reduced,
and the elements thereof are otherwise commercially reasonable: a Parcel Owner's insurance program
may include blanket, layered, umbrella, conventional and/or manuscript forms of policies, as well as
retention levels and loss reserves which are charged against earnings or otherwise funded, and
commercially reasonable deductibles.
6.5. Performance of Indemnity Agreements. All policies of liability insurance will insure the
performance by the Parcel Owner insured thereunder of the indemnity agreements contained herein. Each
Parcel Owner will promptly notify the other Parcel Owner of any asserted claim with respect to which
such Parcel Owner is or may be indemnified against hereunder and will deliver to such other Parcel Owner
copies of process and pleadings.
Article VII. Damage or Destruction; Condemnation.
7.1. Damage or Destruction. In the event any Building in the Property is damaged or
destroyed by fire or other casualty or any other cause whatsoever, the Owner of the Parcel upon which
such Building is located will,in its discretion,either tear down or rebuild the damaged Building. However,
Page 14 of 24
if an Owner determines to tear down a damaged Building,that Owner will either promptly rebuild a new
building on the same location or leave and maintain the Parcel of land on which the Building was located
in a smooth,level condition, free and clear of all refuse and weeds and sealed against dust by paving, lawn
or other cause whatsoever.
7.2. Condemnation. In the event the whole or any part of the Property is taken by right of
eminent domain or any similar authority of Law, the entire award for the value of the land and
Improvements so taken will belong to the Owner(s) of the property so taken or to their tenants, as their
interest may appear, and no other Parcel Owner of land in the Property will claim any portion of such
award by virtue of any interest created by this Declaration; provided, however, any such other Parcel
Owner may file a collateral claim with the condemning authority over and above the value of the land and
Improvements being so taken to the extent of any damage suffered by such Parcel Owner resulting from
the severance of the area so taken provided such collateral claim does not diminish the amount recoverable
by the Parcel Owner(s)of the property so taken. In the event of a partial taking,the Owner(s)of the portion
of the Property so condemned will restore the remaining portion of the Property owned by such Owner(s),
including Improvements in the Common Area, as nearly as possible to the condition existing just prior to
such condemnation, without contribution from the Owners of the area not so taken and any condemnation
accrual necessary therefore will be held in trust and applied for such purpose; provided, however, that if
any Mortgagee(including any beneficiary under a deed of trust) of any property in the Property makes the
requirement pursuant to a provision in a mortgage or other security instrument that the portion of the
award representing compensation for severance damage to property not taken, be paid to the Mortgagee,
then the party required to make such payment to such Mortgagee will not be obligated to apply such
portion of the award to restoration, except to the extent necessary to clear and pave for parking and restore
Common Area facilities.
Article VIII. Taxes.
Each Parcel Owner will pay or cause to be paid directly to the tax collector when due, the Real
Property Taxes assessed against the property owned by such Parcel Owner, including the portion of the
Common Area owned by such Owner.
Each Parcel Owner will have the right, at its own cost and expense, and in its own name,to contest
or protest or seek to have reviewed,reduced, equalized or abated any real property tax or other special tax
or assessment levied upon its Parcel by first paying such tax or assessment and thereafter filing a claim for
refund or pursuing such other remedy as may be available under and in accordance with State Law.
Article IX. Rights of the City of Fresno
The City of Fresno shall retain the following rights under this Declaration:
a. right to maintenance of all landscaping and irrigation systems within the public street
right of way and landscape easements;
b. right to maintenance of sidewalks and street furniture with the public street right of way
and landscape easements;
c. right to maintenance of all public street trees within boundaries of the final map.
Page 15 of 24
Article X. General Provisions
10.1. Notices. Any notice or demand given or served by one Parcel Owner to another
Parcel Owner will not be deemed to have been duly given or served unless in writing and personally
delivered or forwarded by postage prepaid certified or registered mail, return receipt requested, or by
another commercially recognized means of delivery addressed as follows:
To Declarants:
Mazen A1Hindi
1273 E. Shaw Avenue, Suite 103
Fresno, CA 93710
With a copy to:
Mazen A1Hindi
1273 E. Shaw Avenue, Suite 103
Fresno, CA 93710
Notices and demands will be deemed effective upon receipt. The person and place to which notices are to
be given may be changed by written notice the other Owners.
10.2. Attorney's Fees. In the event legal proceedings are brought or commenced to enforce
any of the terms of this Declaration as against MAZEN ALHINDI("First Declarant") and ANJANETTE
ALHINDI ("Second Declarant") (collectively referred to herein as "Declarants"), Declarants or a Parcel
Owner or other person with an interest in the Property, the successful party in such action will be entitled
to receive and will receive from the defaulting party, a reasonable sum as attorney's fees and costs, to be
fixed by the court in the same action.
10.3. Duration. Except as otherwise provided herein, this Declaration will remain in full
force and effect for a term of sixty-five(65)years from the date hereof,provided,however,the term of this
Declaration will automatically and without further notice continue in full force and effect for successive
terms of five (5)years unless at least one (1)year prior to the expiration of the initial term or any such five
(5)year extension,there will be recorded an instrument conforming to the provisions of Section 9.4 of this
Agreement.
10.4 Modification. Except as otherwise provided herein, this Declaration may not be modified
in any respect whatsoever or rescinded, in whole or in part, except by a writing executed by Declarants or,
Page 16 of 24
at such time that Declarants own less than 25%of the Parcels within the Property,by a writing executed by
2/3 of their successors Parcel Owners, and duly recorded.
10.5. Not a Public Dedication. Nothing herein contained will be deemed to be a gift or
dedication of any portion of the Property to the general public or for any public purposes whatsoever, it
being the intention of the Owners that this Declaration will be strictly limited to and for the purposes
herein expressed.
10.6. Severability. If any term or provision of this Declaration or the application of it to any
person or circumstance will to any extent be invalid and unenforceable, the remainder of this Declaration,
or the application of such term or provision to persons or circumstances other than those as to which it is
invalid or unenforceable will not be affected thereby, and each term and provision of this Declaration will
be valid and will be enforced to the extent permitted by Law.
10.7. Pronouns. When required by context,the singular will include the plural, and the
neuter gender will include a person, corporation, firm, association, or other business arrangement.
10.8. Captions. The captions in this Declaration are for convenience only and do not
constitute a part of the provisions hereof.
10.9. Not a Partnership. The provisions of this Declaration are not intended to create, nor
will they be in any way interpreted to create, a joint venture, a partnership, or any other similar
relationship between the Parcel Owners.
10.10. Governing Law. This Declaration will be construed and enforced in accordance with
and governed by the Laws of the State of California..
10.11. No Presumption. This Declaration will be interpreted and construed only by the
contents hereof and there will be no presumption or standard of construction favor of or against any Parcel
Owner.
10.12. Inurement. This Declaration and the easements, covenants, benefits and obligations
created hereby will inure to the benefit and be binding upon each Parcel Owner and its successors and
assigns,provided, (i) if any Parcel Owner conveys all of its interest in any Parcel owned by it, such Parcel
Owner will thereupon be released and discharged from any and all further obligations under this
Declaration as fee owner of the property conveyed by it if the buyer assumes in writing all of such
obligations, and(ii)no such sale will release such Parcel Owner from any liabilities, actual or contingent,
existing as of the time of such conveyance.
10.13. Compliance by Parcel Owners. By virtue of their ownership interest in the Property,
each Parcel Owner agrees to comply with the terms of the Governing Documents,as well as any operating
rules that may be duly adopted by MAZEN ALHINDI ("First Declarant") and ANJANETTE ALHINDI
("Second Declarant") (collectively referred to herein as "Declarants"), from time to time.
10.14. Compliance by Tenants. Any Occupancy Agreement entered into after the date
hereof must provide that the terms of such Occupancy Agreement will be subject in all respects to the
provisions of the Governing Documents, as well as any operating rules that may be duly adopted by
MAZEN ALHINDI ("First Declarant") and ANJANETTE ALHINDI ("Second Declarant") (collectively
Page 17 of 24
referred to herein as "Declarants"), from time to time. Any Parcel Owner who enters into such an
agreement will be responsible for assuring compliance by such Occupant with the Governing Documents.
10.15. Reasonable Consent. Except as otherwise specifically provided in this Declaration, if any
Parcel Owner is required to give its consent or approval to any action on the part of the other Parcel
Owner, the consent or approval will not be unreasonably withheld or delayed. Except where other time
periods to give or deny consent are provided in this Declaration,consent will be deemed granted at the end
of the tenth (10th) business day following delivery of a request for consent, provided such request
specifically refers to this Section 9.15 of this Declaration, and states that consent will be deemed granted
at the end of the tenth (10th) business day from delivery of the request, unless a written denial of consent
stating the specific reason for denial is delivered before the end of the tenth (10th)business day after
delivery of the request for consent. In the event the requested consent is unreasonably withheld, the other
party will be entitled to specific performance and will have such other remedies as are reserved to it under
this Declaration or at Law.
10.16. Alternative Dispute Resolution. Any claim or dispute arising out of or relating to this
Declaration, regardless of the nature of the claim or dispute, will be settled by the parties hereto pursuant
to this Section 9.16.
(a) Mediation. If any claim or dispute arising out of or relating to this Agreement is not settled by
direct discussions within ten(10) days after notice of the claim or dispute,the parties agree first to try in
good faith to settle the claim or dispute by non-binding mediation administered by the American
Arbitration Association("AAA") under its Commercial Mediation Rules.
(b) Binding Arbitration. If the parties fail to settle a claim or dispute through mediation, it will be
settled by binding arbitration administered by the AAA under its Commercial Arbitration Rules.
Judgment on the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction
thereof.
(c) Provisional Relief. Nothing in this Section 8.16 will prevent either party from applying for or
obtaining a provisional judicial remedy regarding any claim or dispute.Notwithstanding such application,
the final resolution of the claim or dispute will be mediated or arbitrated under this Section 8.16 and
failure by either party to comply with any law will not be deemed to waive such party's rights to mediate
or arbitrate under this Section 8.16.
IN WITNESS WHEREOF, this Agreement has been executed as of the date first above written.
DECLARANTS:
MAZEN ALHINDI
ALHINDI
A ANETTE ALHINDI
Page 18 of 24
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of QSqEjQ �)
�V
On ' � �1 before me,;.
(insert name and title of the ofj�6r) ' t
personally appeared , � (y o ,n \P\ A' ,
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), or the entity upon behalf of which 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. „f J L.PETTY
_ CommmissioissioN n#2100873
- — - Notary Public-California a
Fresno County
My Comm.Expires Feb 21,2019 t
F 1P 10 9
Signature (Seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of S }
On `1��� before me, ��r.� 1 `tl
.1,� `� 1•
(insert name and title of the offi
personally appeared '2r\ o'nQ OCA I
who proved to me on the basig 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
JONATHON L.PETTY
WITNESS my hand and official seal. commission #2100873 x
Notary Public-califDrnlai x
Fresno County
N1y comm. nfres Feb 21,2019 u
}
Signature (Seal)
EXHIBIT "A"
CASA DI FORTUNA CC&Rs
Final Subdivision Map of Tract 5608
Lot layout
Page 19 of 23
REMIANDER PARCEL { WAYF EXCLUSIVE RIGHT of
WAY FOR A PRIVATE
ROAD FOR THE
327.45' S8932'40"W BENEFIT OF PARCEL
128.13 3 70.07' 129.25' 1 PER LEGAL
- o `0 �• DESCRIPTION ON
rn °'N 2 '��. 2T '�, COVER SHEET.
1 00 P-
lr� C14 AREA: m NAREA: 17,577SFP
AREA: 10,128SF a 13,491 SF o 0
128.57' 0 24.84' W z z F G
153.41' 589'32'40"W3in
5.13 ����Q�•
o r.a 389'33'00'W �O 51k
3 � 133.71' M 20.29' N00'09'57"W �J- QG•
r AREA: 11,928SF ;� 0 4 589'32'40"W -�
r n z 28.41' 105.30'
153.84' S89'32'40"W m 1' N 165.53' S89'32'46"W 162.05' S8932'46"W
� (V
0 4 0 00 m eEA" o 6 26
0
AREA: 9,400SF G �68.51' o P N n rte'•a AREA: 11,820SF r
CO 154.17' S89'32'4o"w zGMo o AREA: 12,088SF 2161,70' 589'32'40"W
188.93 S89'32 4URW 33.75'G
AREA: z 165.53' S89'32'40"W 67.46' 94.24'Lo 3
AREA:14,063SF M 3: 24,4335F i° 8
o
47.72' (D AREA: 11,276SF m V o ro
189.34' S8932'40' :� c° S35'44'18"w r 165.53' S89'32'40"W $ N rn rn o
94.80' 3 1 D 94.54 _ o89.56' 75.97' N 15 z
o z 110.76' 14 0
o AREA: �n S89'32'40"W z 13,331 F
3 g N 20,055SFao cv AREA:
, ' • 56.76' 54.00 r� p
ao ;) AREA: N 81.13 a n L2 L1 -I L'% 12 *?� 23,988SF N
N 15,168SF 00 58932'40�W z ,cj �,, AREA: fl- 17.38 inS89 32'40"W
o °' z 67.80 M 13 '� iPs 13,775SF o N00'27 20 W - N
13.33'14 L3 PRS c - z 23.46'
0 lo z 04 0 r0•� � 11 da�AREA: 0 00 S89'32'40"W 589'
rN - N 0 11,883SF`� M 81.32' 74.66' 68.77
vi 95.68' a p AREA: L4 rn cRw " 3
3 155.98 S89'32 40 W 6.94'
000 S89'32 40 W 2 1 6 z s,212SF L5 r o N DETAIL r- 0
70.09' 90.42' z i.N 1 8 r-
rn °' 160.51' S89'32'40"W _ g° AREA: 10,920SF� ra 21 cp
c0 00 00 1 7 , Z 157.51' 589'32'40"W� y/ 20 z AREA:
Lo AREA: o AREA: 12,928SF AREA: , 15,5895
r 12,676SF 00 0 19 o ff ¢ 13,61OSF
109.68' 67.80' 160.51' S89'32'40"W N AREA: 10,248SF�g 90.74' ,
209.16' 589'32'40"W 128.83' z 157.47' z S89'32'40"W r 69.12
22 16.66' � S89'32 40 W
°D 57.64' S 130.17
o 500'27'20"E23 a N 129.52' 4
n AREA: 18,682SF ^ R=N12'33'46"E 10' PUE ,ari is 24 s^`� 25 Lo
rn 10' PUE C2 z C3 AREA: 15,914SF r- AREA: 9,767SF r•8 AREA: 9,7,055E r-
161.01' C1 . 156.74 130.17' 1 9
FO
AW
555.47 N89'32 40 E _ _
30' WEST SANTA ANA AVENUE
NOTE: SEE RECORDED TRACT MAP 5608
FOR ADDETIONAL INFORMATION
EXHIBIT "A"
PAGE 1 OF 2 SCALE: 1" = 100'
COMMON AREA PRACELS NO. 5 AND NO. HARBISON INTERNATIONAL INC.,
13 OF TRACT 5608, FRESNO COUNTY
RECORDS ENGINEERS - SURVEYORS - PLANNERS
2755 E. SHAW AVE., SUITE 101, FRESNO, CA 93710
PHONE: (559) 294-7485 FAX: (559) 294-7481
17.38'
N00°27'20"W 45.83'
28.45' N00°27'20"W
N00°27'20"W 3.29'
S89°32'40"W 20
18 32.43'
N00°27'20"W
8.36'
N00°25'01 "W 1 .76'
S89°32'40"W
o
Lo j
N r"
0
O
Z
DETAIL "A"
SCALE: 1" = 30'
NOTE: SEE RECORDED TRACT MAP 5608
FOR ADDETIONAL INFORMATION
EXHIBIT "A"
SCALE: 1" = 100'
PAGE Z OF 2
HARBISON INTERNATIONAL INC.,
COMMON AREA PRACELS NO. 5 AND NO. ENGINEERS - SURVEYORS - PLANNERS
13 OF TRACT 5608, FRESNO COUNTY
RECORDS 2755 E. SHAW AVE., SUITE 101, FRESNO, CA 93710
PHONE: (559) 294-7485 FAX: (559) 294-7481
EXHIBIT "B"
CASA DI FORTUNA CC&Rs
Easements
Page 21 of 23
Page 22 of 23
00 L24
M I I N L25��L23
L32 JI IJ fro
183—
R-L21
0-01 0
-i c*4
IJ
J J I DASHED LINE INDICATES
1 `
L1 9 THE OUTSIDE BOUNDARY
of
OFA PRIVATE WATER MAIN
EA — ——— ` — —
r EASEMENT FOR THE L11
BENEFIT OF PARCELS 1 TO r _ _
J 27 AND THE REMAINDER r L-56
1 1 PARCEL OF TRACT 5608, C-4
L85 L79, 1 FRESNO COUNTY RECORDS J! II o J I 1
c —— —L78— _ J �\CS L54
L34 r—— L76 --� Cj� ` L53
L52 1
�1 I -�,7 I I 1 to
J11 vl� 69
j to
L36 I I^ I � JI I Jj I
L37 I J I I 1 1 L64 I I l I
L38 1 I 1 I I�FL:l_ 5
CD I 1 I _^
L60
J 1 1 J 1 11 J'-��L61
�I1�, L62
L____ L72 _ _ J L
L �s7j 1`-° a,, loo
L40 1 ~ - - -L44—
L48
►� _ - - -_ J
�I iJ to r -— ^ - - L7
I�L6
L86 L42 L46 r L87
WEST SANTA ANA AVENUE r
i
NOTE: SEE EXHIBIT "B" FOR LINE
LENGTHS AND BEARINGS FOR THE
EXHIBIT ti
B PRIVATE WATER MAIN EASEMENT
SHEET 1 OF 2 SCALE: 1" = 100'
PRIVATE WATER MAIN EASEMENT FOR HARBISON INTERNATIONAL INC.,
THE BENEFIT OF LOTS 1 TO 27 AND ENGINEERS - SURVEYORS - PLANNERS
THE REMAINDER OF TRACT 5608, In
FRESNO COUNTY RECORDS 2755 E. SHAW AVE., SUITE 101, FRESNO, CA 93710
PHONE: (559) 294-7485 FAX: (559) 294-7481
Line Table Line Table Line Table
Line # Length Direction Line # Length Direction Line # Length Direction
L6 62.96' N0010'47"W L36 21.92' S89'50'45"W L66 17.52' S89'32'40"W
L7 252.92' N89'32'40"E L37 10.00' S00'08'18"E L67 150.93' N89'32'40"E
L8 87.19' N0010'47"W L38 21.92' N89'50'45"E L68 129.42' N0010'47"W
L9 32.32' N08'44'35"W L39 119.68' S00'09'15"E L69 130.34' N56'59'13"W
L10 242.72' N0011'34"E L40 77.77' N8932'40"E L70 68.69' S37'41'40"W
L11 180.59' S89'32'40"W L41 107.87' S0010'34"E L71 147.28' SOO'l8'12"E
L12 61.79' SOO'10'47"E L42 10.00' N89'49'26"E L72 137.33' N89'32'40"E
L13 48.70' S45'27'20"E L43 107.92' N0010'34"W L73 150.75' NOO'18'12"W
L14 122.88' S02'24'00"E L44 202.97' N8932'40"E L74 71.32' N37'41'40"E
L15 90.94' S89'32'40"W L45 107.87' SOO'10'47"E L75 44.97' N56'59'13"W
L16 46.90' N0010'47"W L46 10.00' N89'49'13"E L76 143.05' S89'32'40"W
L17 196.51' N5659'1 3"W L47 34.96' SOO'l0'47"E L77 231.64' S00'09'15"E
L18 20.70' N0018'12"W L48 242.92' N89'32'40"E L78 136.66' N89'32'40"E
L19 89.46' N12'30'43"W L49 76.49' N0010'47"W L79 21.17' N0018'12"W
L20 93.21' NOO'10'47"W L50 32.35' N08'44'35"W L80 89.47' N12'30'43"W
L21 19.36' N88'06'50"E L51 158.21' NOO'11'34"E L81 100.08' N00'10'47"W
L22 113.84' N64'08'19"E L52 8.36' N89'24'13"W L82 20.03' N4922'22"W
L23 37.00' N00'06'49"W L53 10.00' N00'35'47"E L83 121.11' S89'32'40"W
L24 10.00' S89'32'40"W L54 8.29' S89'24'13"E L84 203.10' S00'08'18"E
L25 30.66' S00'06'49"E L55 65.18' N00'11'34"E L85 26.62' N45'27'20"W
L26 105.44' S64'08'19"W L56 160.52' S89'32'40"W L86 99.79' N89'31'50"E
L27 16.53' S88'06'50"W L57 47.67' S0010'47"E L87 332.69' S89'32'25"W
L28 29.41' N49'22'22"W L58 48.48' S4527'20"E
L29 56.98' NOO'02'33"E L59 137.17' S02'24'00"E
L30 10.00' S8932'40"W L60 73.36' S89'32'40"W
L31 57.32' SOO'02'33"W L61 20.67' S00'21'50"E
L32 124.41' S89'32'40"W L62 10.00' S89'38'10"W
L33 217.21' S00'08'18"E L63 20.66' N00'21'50"W
L34 30.78' S45'27'20"E L64 17.98' S89'32'40"W
L35 114.90' S00'09'15"E L65 87.89' S0010'47"E
EXHIBIT "B"
SHEET 2 OF 2 HARBISON INTERNATIONAL INC.,
PRIVATE WATER MAIN EASEMENT FOR ENGINEERS - SURVEYORS - PLANNERS
THE BENEFIT OF LOTS 1 TO 27 AND 2755 E. SHAW AVE., SUITE 101, FRESNO, CA 93710
THE REMAINDER OF TRACT 5608,
FRESNO COUNTY RECORDS PHONE: (559) 294-7485 FAX: (559) 294-7481