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HomeMy WebLinkAboutT-6056 - Agreement/Covenant - Temporary Storm Drainage Facilities - 12/29/2017 RECORDING REQUESTED BY IIII III I IIII II II II IIII I III III I IIIII�IIII�III III II AND WHEN RECORDED MAIL TO: FRESNO County Recorder City Clerk Paul Dictos, C.P,A, City of Fresno DOC— 2017-0168968 2600 Fresno Street acct 8002-old Republic Title CONCORD Fresno, Ca 93721-3603 Friday, DEC 29, 2017 08:00:00 Ttl Pd $101.00 Rcpt # 0004912236 RGR/E3/3-22 NO FEE—Government Code 6103 CITY OF FRESNO Public Works Department P.W. File No. 12129 STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR TEMPORARY STORM DRAINAGE FACILITIES FOR THE FINAL MAP OF TRACT NO. 6056, PHASE 1 OF VESTING "TENTATIVE MAP NO. 6056 Statement of Covenants Temporary Storm Drainage Facilities Tract No.6056 Page 2 RECITALS WHEREAS, WC ASHLAN HAYES, LLC, a California Limited Liability Company, hereinafter referred to as the"Covenantor,"is the owner of the real property situated in the City of Fresno, County of Fresno, State of California, hereinafter referred to as the"Subject Property"and more particularly described on attached Exhibit A, Exhibit B, Exhibit C, Exhibit D, Exhibit E and Exhibit F; 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 a part of this instrument; and, WHEREAS,a condition of approval for Vesting Tentative Map No.6056,hereinafter referred to as "map," requires the provision and maintenance of temporary storm water storage (ponding basin)and associated facilities,hereinafter referred to as"temporary storm drainage facilities," until such time that permanent storm drainage facilities are available to serve said map; and WHEREAS,the Covenantor and the City of Fresno("City")desire to enter into an agreement providing for such temporary storm drainage facilities. COVENANTS, CONDITIONS, AND RESTRICTIONS The 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 enhancing attractiveness, usefulness,value,desirability,and safety of 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. Each of the covenants, conditions,and restrictions contained in this Statement of Covenant 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, successors, and assigns during his ownership thereof. . _V Statement of Covenants Temporary Storm Drainage Facilities Tract No.6056 Page 3 1. The Covenantor agrees that the Subject Property shall be used for temporary storm drainage facilities purposes until the City releases the Subject Property from such use. The Covenantor agrees to construct and maintain said temporary storm drainage facilities;and grants to the City the right to enter upon the Subject Property for purposes of inspection and to regulate the use of and access to said temporary storm drainage facilities on the Subject Property. .2. The temporary storm drainage facilities shall be constructed to conform to the grading plans prepared at the Covenantor's expense and approved by the Development and Resource Management Department of the City of Fresno(Development and Resource Management Department). The design of the temporary ponding basin, including fencing, shall conform to the Public Works Department of the City of Fresno(Public Works Department)Standard Specifications and Drawings. The work shall be constructed pursuant to a grading permit issued by the Development and Resource Management Department. 3. The Covenantor is responsible to confirm the availability of permanent storm drainage service with the Fresno Metropolitan Flood Control District (FMFCD) for the Subject Property. Upon confirming permanent storm drainage service for the map is available, the Covenantor shall request the Public Works Director to determine when the temporary storm drainage facilities are no longer necessary. Upon receiving such request,the Public Works Director will determine if the temporary storm drainage facilities are no longer required. The Public Works Director,upon determining the temporary storm drainage facilities are no longer required,shall issue a written notice for abandonment to the Covenantor. Such notice will state the commencement date for the abandonment of the temporary storm drainage facilities. The abandonment of the temporary storm drainage facilities may include, but is not limited to, demolition and disposal of certain structures, pipes, fencing, backfilling, compaction and grading in accordance with said approved grading plan; compaction reports, provided at the Covenantor's expense, shall be required for ' 1 Statement of Covenants Temporary Storm Drainage Facilities Tract No. 6056 Page 4 backfilled areas. Covenantor, in accordance with grading plans (and other improvement plans as may be necessary), prepared at the Covenantor's expense and approved by the City(Public Works Department and/or the Development and Resource Management Department as applicable),shall obtain permits(grading permit and/or street work permit as applicable)from the City to commence and complete the abandonment of the temporary storm drainage facilities.The date of completion of the abandonment work shall be the date the grading permit is finalized by the Development and Resource Management Department. 4. This Statement of Covenant shall in no way be construed as a grant by the City of any rights to the Covenantor to trespass upon land rightfully in the possession of, or owned by another, whether such land is privately or publicly owned. 5. The City shall not be liable to the Covenantor or to any other person, firm or corporation whatsoever, for any injury or damage that may result to any person or property by or from any cause whatsoever in, on or about the Subject Property of said land covered by this Statement of Covenant,or any part thereof,except to the extent arising out of the gross negligence or willful misconduct of the City. The Covenantor hereby releases and agrees to indemnify,defend and save the City, its officers, directors, employees, agents and volunteers, harmless from and against any and all injuries to and deaths of persons,and all claims,demands,costs, loss damage and liability, howsoever same may be caused, resulting directly or indirectly from the performance of any or all work to be done by Covenantor in and upon the street rights-of-way and said Subject Property and upon the premises adjacent thereto pursuant to this Statement of Covenant,and also from all injuries to and deaths of persons,and all claims,demands, costs,loss,damage and liability, howsoever same may be caused, either directly or indirectly made or suffered by the Covenantor, the Covenantor's agents,employees and subcontractors, while engaged in the performance of said work, except to the extent arising out of the gross negligence or willful misconduct of the City. The Covenantor further agrees that the use for any purpose and by an person of any and all of the Statement of Covenants Temporary Storm Drainage Facilities Tract No. 6056 Page 5 temporary storm drainage facilities and improvements hereinbefore specified, shall be at the sole and exclusive risk of the Covenantor at all times prior to the release by the City of the temporary storm drainage facilities and other improvements thereon and therein. 6. The conditions of this Statement of Covenant are intended to benefit both the Subject Property, the public and public properties. Accordingly, it is agreed the City shall have the right to enforce this Statement of Covenant by any legal or equitable means against the Covenantor and such person or persons in actual possession of the Subject Property who directly or who through any representative or agent violate the terms hereof. 7. The foregoing conditions and obligations of this Statement of Covenant shall remain in full force and effect until such time as: (a)the work to abandon the temporary storm drainage facilities under the grading permit issued by the Development and Resource Management Department is completed, and (b) the Public Works Director issues a written release of such conditions and obligations and records such release with the Fresno County Recorder. 8. If either party is required to commence any proceeding or legal action to enforce or interpret any term or condition of this Statement of Covenant,the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses. For the purposes of this Statement of Covenant, "attorneys'fees"and "legal expenses" include, without limitation, paralegals' fees and expenses, attorneys, consultants fees and expenses, expert witness fees and expenses, and all other expenses incurred by the prevailing party's attorneys in the course of the representation of the prevailing party in anticipation of and/or during the course of litigation,whether or not otherwise recoverable as"attorneys'fees"or as"costs" under California law, and the same may be sought and awarded in accordance with California procedure as pertaining to an award of contractual attorneys' fees. 9. The waiver by either party of a breach by the other of any provision of this Statement of Covenant shall not constitute a continuing waiver or a waiver of any subsequent breach of either vl Statement of Covenants Temporary Storm Drainage Facilities Tract No. 6056 Page 6 the same ora different provision of this Statement of Covenant. No provisions of this Statement of Covenant may be waived unless in writing and signed by all parties to this Covenant. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein. 10. The provisions of this Statement of Covenant shall be deemed independent and severable and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforce ability of any other provision hereof. Whenever the context of the Statement of Covenant so requires, in interpreting this Statement of Covenant, any gender includes the other genders, the singular includes the plural, and the plural includes the singular. Statement of Covenants Temporary Storm Drainage Facilities Tract No. 6056 Page 7 DATED: 20/7 CITY OF FRESNO, COVENANTOR: a Municipal Corporation WC ASHLAN HAYES, LLC Public Works Department A California Limited Liability Company Scott Mozier, P.E., Director By: JPF CAPITAL, LLC A California Limited Liability Company, Its Sole Member By: By: ndrew J. Be li, P.E., Assistant Director Jo a Peterson, President APPROVED AS TO FORM: DO:Mary SLOA Cit By: �r atermantboidge Deputy City Attorney Date: l v-1 l/(/ (Attach Notary Acknowledgments) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 - - - - - - - _ �,r•�.,��-t.n�r•�-r�:n�.nr�r�.r.=c.=c:�-E:��:�,ncss�c��.,W=:^..�_�:�-n��,n�_�-_c.-��.1..`r,.` ..�n�,,`;..�n; 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 -e5y�,� ) On Nb%4z y„,,_o-e,✓ IS 10ll before me, �6-A Date Here InsPt Name and TA of the Officer personally appeared 6SV�,.0 81- Pe��e,vS tNl Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person($) whose name(6) is/aye subscribed to the within instrument and acknowledged to me that he/*Ke/tvy executed the same In hisMr/th(eir authorized capacity(os),and that by his/b6r/tt,%4r signature()on the instrument the person,(), or the entity upon behalf of which the person($) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph JOY POENG is true and correct. NOTARY PUBLIC•CALIFORNIA *my COMMISSION s 2218801 WITNESS my han nd official seal. FRESNO COUNTY Comm.Exp.September 23,2021 Signature Signature tary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — 0 Limited ❑ General ❑ Partner — ❑ Limited ❑General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact C Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02016 National Notary Association - www.NationaiNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 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 CLERK'S CERTIFICATION State of California ) County of Fresno. ) On December 11, 2017 before me, Cherisea Barnes, Deputy City Clerk, personally appeared, Andrew J. Benelli, P.E., Assistant Director of Public Works of the City of Fresno, 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 YVONNE SPENCE, CMC City Clerk, City of Fresno OF pq� * o Z � * o oq � By oc Deputy SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on J\Wq \S , , in the office of the Fresno County Recorder as Document No. of which the Deed of Trust in by and between: A G6as Trustor, U as Trustee, and 4, L� A u n ►,�as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development for Temporary Storm Drainage Facilities for The Final Map of Tract No. 6056, Phase 1 of Vesting Tentative Map No. 6056. DATED: N N\awb�( )AID BENEFICI 4F CX- 61U1--0 X1,1 ",�,//T,4 lit fl R��i/�'i' Go�iP,A�v y Name: &af 1c\ p1 UMk Title: By: Name: Title: ���� (Beneficiary to print/type document information, Name, Title and attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 ) County of CaliforniaMA C) ) On NV ywY_QC :- before me, G D. Date Here Insert a e and Title of the fficer personally appeared 1 Namel)of Signer( who proved to me on the basis of satisfactory evidence to be the personal whose name,() is/efe subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/#eAFieir authorized capacity04 and that by hisA-ier#ieir signatureP4 on the instrument the personX, 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. KATRINA INGRAO WITNESS my official seal. Notary Public-California = a Fresno County ZZ Z Commission#2167877 t Signature M Comm.Expires Oct 14,2020 g 69� — Signature of No ry Public Place Notary Seal Above -- OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): F1 Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2016 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 On ��NkM C Vr,16A_�-before me, A-0. Date ` Here Insert a e and Title of the O cer personally appeared S � k Name of Signer(4 who proved to me on the basis of satisfactory evidence to be the person(( whose name is/am subscribed to the within instrument and acknowledged to me that he/sed' executed the same in his/#er ieir authorized capacity(ies,and thatb his/h@64heir signature(sl on the instrument the person , or the entity upon behalf of which the person�,a'}�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. KATRINA INGRAO - Notary Public-California WITNESS my h a fficial s I. _ �: Fresno County Z Commission *2167877 M Comm. Expires Oct 14,2020 Signature Signature ott Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General F1 Partner — ❑ Limited ❑General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑Guardian or Conservator E-1 Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02016 National Notary Association - www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 \V , SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on June 15 , 20 16 , in the office of the Fresno County Recorder, as Document No. 2016-077130 of which the Deed of Trust in, by and between WC Ashlan Hayes, LLC, a California limited liability company .as Trustor, Old Republic Title Company, a California corporation , as Trustee and Ashlan&Hayes Investments, 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 for the Maintenance of Certain Public Improvements for the Final Map of Tract No. 6056, Phase 1 of Vesting Tentative Map No. 6056. DATED.: November 14, 2017 BENEFICIARYj,/G �l��'yGs��„ �rNn( � ( � U/IL��Liry ca�rp�fiv y By: By: /U Name: Darius Assemi Name: eema Assemi Title: Manager Title: Lager By . Name: Kevin Assemi Title: Manager (Beneficiary to print/type document information, Name, Title and attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 Ff&Sh ) On Nim Qr \� before me, M1 C , Date Here Insert Na and title of the O 'cer n , personally appeared 1 -U mrn A:a1JkV1 Name(lof Signe who proved to me on the basis of satisfactory evidence to be the person(,s�whose name'j' is/me subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/h@W 414e r authorized capacity(K, and that b his/Herft+�eir signature(8�on the instrument the person), or the entity upon behalf of which the person 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. KAT!INA lNGRIA0 Notary Public-California WITNESS my hand official seal. QP'MyComm Fresno County ii Commission #r 2167877 Expires Oct 14.2020t Signature Signature WNV Public Place Notary Seal Above - OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 'Signer's Name: C Corporate Officer — Title(s): C Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee LJ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02016 National Notary Association - www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 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_ew On Nmkwoer �\,Q.7614before me, \G, Date Here Ins ame and Title of the fficer personally appearedyl 1/1 As<m mk Name 'of Signer who proved to me on the basis of satisfactory evidence to be the person whose name is/efe subscribed to the within instrument and acknowledged to me that he/914eAhey executed thoame in his/be619eir authorized capacity(), and thatb his/herftFteir signature(,aj'on the instrument the person or the entity upon behalf of which the personpacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph KATF, INGRAO is true and correct. Notary Public-California = WITNESS my ha d o cial seal. Wimy Fresno County Commission#t 2167877 Comm.Expires Oct 14,2020 Signature Signature of Nota P blic Place Notary Seal Above -- OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02016 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 (� " f CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 On MOOelmber I(o IDI-7 before me, L 9494- ,e`IVa, N Qj3" 'P1.1bl i e , Date Here Insert Name and TU14 of the Officer personally appeared Namefarof Signer who proved to me on the basis of satisfactory evidence to be the person(4whose name(Wis/ars— subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/h9h40&ft­authorized capacity(igrand that by his/weir signaturepKon the instrument the persoo< or the entity upon behalf of which the person'-11`6cted, 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. LIANA LEYVA WITNESS m and and officials I. Commission #2078341 z ;=.s Notary Public-California D z Fresno County My Comm.Ex fres Au 17,2018+ Signature Signature of Nota blic Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Ll Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — L Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual C Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee L Guardian or Conservator ❑Trustee ❑ Guardian or Conservator D Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 Exhibit "A" APN 512-070-01 and 19 Legal Description of Property Tract 6056 Temporary Ponding Basin Parcel One: The North Half of the Northwest.Quarter of the Southeast Quarter of Section 16, Township 13 South, Range 19 East, Mount Diablo Base and Meridian, according to the Official Plat thereof. EXCEPT the North 30 feet, thereof conveyed to Fresno Traction Company. Parcel Two: The North One-Half of the South One-Half of the Northwest Quarter of the Southeast Quarter, in Section 16, 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. Exhibit "B" APN 512-070-01 and 19 Legal Description of Basin Tract 6056 Temporary Ponding Basin That portion of Outlots C and D of Tract No. 6056, recorded in Volume 2, pages and Z of Plats, Fresno County Records, described as follows. BEGINNING at the Southeast corner of Lot 73 of said Tract No. 6056; thence South 89055'35" East, a distance of 56.00 feet; thence South 00°04'25" West, a distance of 80.88 feet; thence South 44059'26" East, a distance of 12.71 feet; thence South 00003'16" East, a distance of 47.00 feet; thence South 89056'44 West, a distance of 387.67 feet, thence South 0000315" West, a distance of 135.09 feet; thence North 89056'45 West, a distance of 137.00 feet to the Northeast corner of Lot 89 of said Tract No. 6056; thence North 00103'15" East, a distance of 47.00 feet to the Southeast corner of Lot 88 of said Tract No. 6056; thence South 89056'45" East, a distance of 90.00 feet, thence North 00003'15" East, a distance of 62.66 feet to the intersection with a tangent curve; thence Northwesterly along said tangent curve, concave to the Southwest, having a radius of 49.00 feet, through a central angle of 19°35'31", an arc distance of 16.76 feet to the intersection with a reverse curve; thence Northeasterly along said reverse curve, concave to the Southeast, whose radius point bears North 70127'45" East, having a radius of 46.00 feet, through a central angle of 129004'30", an arc distance of 103.63 feet to the intersection with a reverse curve; thence Easterly along last said reverse curve, concave to the North, whose radius point bears South 19°32'14" West, having a radius of 49.00 feet, through a central angle of 19135'31", an arc distance of 16.76 feet; thence North 89056'44" East, a distance of 297.30 feet; thence North 00104'25" East, a distance of 90.00 feet to the Point of Beginning. Contains an area of 36,281 square feet more or less. \"O EXHIBIT "C" THE CENTER QUARTER CORNER OF SECTION 16, T 13 S, R 19 f, M.D.B.& M. WEST GETTYSBURG AVENUE - - - - - - L I NUMBER DIRECTION DISTANCE CURVE DELTA RADIUS LENGTH Z L1 S 89'55'35" E 56.00' Cl 19'35'31" 49.00' 16.76' W L2 S 44'59'26' E 12.71' C2 129'04'30" 46.00' 103.63' w Q L3 S 00'03'16" E 47.00' C3 19'35'31" 49.00' 16.76' L4N 00'03'15" E 47.00' 0 L5 S 8T56'45" f 90.00' RADIAL DIRECTION co L6 N 00'03'15' E 62.66' R1 N 70'27'45" E w R2 N 19'32'14" E =z I o F- 0 R :a E.114' POINT OF BEGINNING w uwi o ZI 81 80 79 78 77 76 75 74 73 L1 }}a 3 Ld 86 o CCo 0 V` rn ago Cl C3 N 8956'44" E 297.30 C2 of 87 J R� ZI C o S 89'56'44" W 387.67' 88 3 L5 �n M ,� O J O p N 89'5645 W 137.00 89 I SCALE: 1" = 100' 90 PREPARED BY: GARY GIANNE TA THE SOUTH QUARTER CORNER OF SECTION 1119 "S" STREET 16, T 13 S, R 19 E, M.D.B.& M. FRESNO, CA 93721 F.WEST ASHLAN AVENUE (559) 264-3590 RECORD OWNER: ® HATCHED AREA DEPICTS TEMPORARY PONDING APN 512-070-01 AND 19 BASIN WC ASHLAN HAYES, LLC 1446 TOLLHOUSE ROAD #103 AREA = 36,281 SQ. FT. CLOVIS, CA 93611 PROJCITY OF FRESNO D. REF. & REV. FUND UND N0. TR 6056 ORG. NO. A PORTION OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP DR. BY: HYL SHEET NO. 1 13 SOUTH, RANGE 19 EAST, MOUNT DIABLO BASE AND MERIDIAN, CH BY: OF 1 SHEET FOR: DATE: 8/31/17 TEMPORARY PONDING BASIN SCALE: AS NOTED Exhibit "D" APN 512-070-19 and 48 Legal Description of Property Tract 6056 Temporary Ponding Basin Parcel One: The North One-Half of the South One-Half of the Northwest Quarter of the Southeast Quarter, in Section 16, 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. Parcel Two: The South One-Half of the South One-Half of the Northwest Quarter of the Southeast Quarter, in Section 16, 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. Exhibit "E" APN 512-070-19 and 48 Legal.Description of Basin Tract 6056 Temporary Ponding Basin That portion of the Southeast Quarter of Section 16, Township 13 South, Range 19 East, Mount Diablo Base and Meridian, described as follows: BEGINNING at the Southeast corner of Lot 91 of Tract No. 6056, recorded in Volume �?9 , pages_!�J_ and 2 of Plats, Fresno County Records; thence South 89056'45" East, a distance of 45.00 feet; thence South 00003'15 West, a distance of 89.18 feet, thence North 89056'45" West, a distance of 45.00 feet; thence North 00003'15" East, a distance of 89.18 feet to the Point of Beginning. Contains an area of 3,999 square feet more or less. Q EXHIBIT "F" w 0 THE CENTER QUARTER CORNER OF SECTION co 16, T 13 S. R 19 E. M.D.B.& M. w� a -WEST GETTYSBURG AVENUE t�1= w zNW �Ll mI � wZ m > W3� Q Ld �o Z m 6 I . I �IO 1 Z I _ S 8 . E 45005 O POINT OF BEGINNING 98 97 92 91 4 N 0(r03'! E S 00'03 15 W 89.18' 89.18' PREPARED BY: ��Q N 89-56'45- W 1GARY GIANN�AA THE SOUTH QUARTER CORNER OF SECTION v FRESNO. CS 93721 ET 16, T 13 S, R 19 E. M.D.B.& M. �C" WEST ASHLAN (559) 264-3590 RECORD OWNER: ® HATCHED AREA DEPICTS TEMPORARY PONDING APN 512-070-19 AND 48 BASIN WC ASHLAN HAYES. LLC 1446 TOLLHMISE ROAD f103 AREA = 4,013 SQ. FT. CLOVIS. CA 93611 CITY OF FRESNO PROD. ID. REF. do REV. FUND N0. TR 6056 ORG. NO. A PORTION OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP DR. BY: HYL SHEET NO. 1 13 SOUTH, RANGE 19 EAST, MOUNT DIABLO BASE AND MERIDIAN, CH BY: OF 1 SHEET FOR: DATE: 8/31/17 TEMPORARY PONDING BASIN SCALE: AS NOTED n,�