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HomeMy WebLinkAboutPM 2000-11 - Agreement/Covenant - 2/9/2006 Fidelity Natioral Title Company FRESNO County Recorder Recording Requested By Robert C, Werner and When Recorded Mail to: DOC— 2004-0178703 Rect 4-Fidelity National Title Company Phillip G. Michaelides, Esq. Ttl Pd AUG2004 eNbr 0001564]54 1690 W. Shaw Avenue, Suite 200 $$1,00 Fresno, California 93711 SPACE ABOVE THIS LINE FOR RECORDER' 9RVE EASEMENT AGREEMENT DEC 2 12004 CITY OF FRFS!,,,r) PARTIES: EMPEREUR EQUITY DEVELOPERS, INC. (5JthWeu RR E Y sEHVICES SUNSTONE OUTPARCEL,L.L.C. ("Sunstone") MCKINLEY-PEACH TENANTS IN COMMON ("McKinley- Peach") RECITALS: A. Sunstone is the owner of real property, located in the County of Fresno, California, more particularly described in Exhibit"A," attached hereto andi, by this reference made a part hereof(hereinafter "Parcel A"). B. Empereur is the owner of real property located in the County of Fresno;"California, adjacent to Parcel A, and more particularly described in Exhibit "B," attached hereto and by this reference made a part hereof(hereinafter"Parcel B , C. McKinley-Peach is the owner of real property located in the County of Fresno, California, adjacent to Parcel A and Parcel B, and more particularly described in Exhibit "C," attached hereto and by this reference made a part hereof(hereinafter"Parcel C"). D. Parcel A, Parcel B, and Parcel C are sometimes collectively referred to as the "Properties" or individually as a "Lot." Unless otherwise provided herein, references to a party includes that party's respective successors, assigns, employees, tenants,.customers, licensees, and invitees, and the employees, customers, licensees and invitees of such tenants. E. Empereur intends to subdivide Parcel B into four separate lots. The rights and benefits conferred by this Easement Agreement"(this "Agreement") 01603/0003A//l 3 3 6 05.DOC a: upon Parcel B, including the right to use the Empereur Drive Easement, shall flow through to each subdivided lot of Parcel B. F. The Properties are contiguous parcels of real property sharing common boundary lines, specifically, the westerly boundary of Parcel C and the easterly boundary of Parcel A, the westerly boundary of Parcel A and a portion of the easterly boundary of Parcel B, the southerly boundary of Parcel A and a portion of the northerly boundary of Parcel B, and the southerly boundary of Parcel C and a portion of the northerly boundary of Parcel B. G. The parties desire to enter into this Agreement to establish specified easement rights and maintenance obligations as more particularly described herein. AGREEMENT: NOW, THEREFORE, in consideration of the Recitals and the mutual covenants contained hereinbelow, the parties agree as follows: Section 1. Empereur Drive 1.1 Grant of Empereur Drive Easement. Empereur hereby grants to Sunstone and McKinley-Peach a non-exclusive easement for vehicular and pedestrian access to permit ingress and egress between and among all or any of the Properties and adjoining streets or properties,and traveling on or between the Properties, over a portion of Parcel B, fifty feet in width, commencing at the southeast comer of Parcel C and continuing westward to the southwest corner of Parcel A, as more particularly depicted in Exhibit "D," attached hereto and by this reference made a part hereof(the "Empereur Drive Easement"). 1.2 Usage of the Empereur Drive Easement. The Empereur Drive Easement may be used by Sunstone and McKinley-Peach and their respective employees, agents, tenants, patrons, customers and suppliers and all other business invitees of the Properties for the purpose of ingress and egress between and among all or any of the Properties and adjoining streets or properties, and traveling on or between the Properties; provided, however, that in no event shall the Empereur Drive Easement be used for parking purposes. 1.3 Nature of the Empereur Drive Easement. The Empereur Drive Easement is permanent and appurtenant to the Properties,under which Parcel A and Parcel C are the benefited properties and Parcel B is the burdened property. The 01603/0003A//1 33 605.DOC - 2 - Empereur Drive Easement shall attach to and run with the Properties and shall benefit and burden any future owner or owners of the Properties. Section 2. The North Easement 2.1 Grant of the North Easement. Sunstone hereby grants to Empereur a non-exclusive easement for vehicular and pedestrian access to permit ingress and egress between Parcel A and Parcel B and adjoining streets or properties, and traveling on or between Parcel A and Parcel B, over a portion of Parcel A, more particularly depicted in Exhibit "D," attached hereto and by this reference made a part hereof(the "North Easement"). 2.2 Usage of the North Easement. The North Easement may be used by Empereur and its employees, agents, tenants, patrons, customers and suppliers and all other business invitees of Parcel B for the purpose of ingress and egress between Parcel A and Parcel B and adjoining streets or properties, and traveling on or between Parcel A and Parcel B; provided, however, that in no event shall the North Easement be used for parking purposes. 2.3 Nature of the North Easement. The North Easement is permanent and appurtenant to Parcel A and Parcel B, under which Parcel B is.the. benefited property and Parcel A is the burdened property.,y The North Easement-,, shall attach to and run with Parcel A and Parcel B and shall benefit and burden,any future owner or owners of Parcel A and Parcel B. 2.4 Removal of Gates. Sunstone and Empereur agree that Empereur shall have the right to remove any gate that may impede Empereur's usage of the North Easement for its intended purpose. Section 3. Empereur Drive Construction and Maintenance 3.1 Empereur Drive Improvements. Empereur agrees to make certain street, approach, curb, gutter, and related driveway improvements within the Empereur Drive Easement area (the "Improvements"). Upon receipt of payment from Sunstone and McKinley-Peach for their share of the Construction Costs, Empereur shall promptly commence construction of the.Improvements and shall diligently proceed to completion of the Improvements. Empereur hereby covenants and agrees to complete the Improvements on or before January 15, 2005. 3.2 Parcel A Curb Cut. The Improvements within the Empereur Drive Easement area shall include one (1) curb cut that will provide access from the 01603/0003A//1 33605.DOC - 3 - Empereur Drive Easement to Parcel A. Said curb cut shall be located near the south east corner of Parcel A. 3.3 Parcel C Curb Cut. The Improvements within the Empereur Drive Easement area shall include one (1) curb cut that will provide access from the Empereur Drive Easement to Parcel C. Said curb cut shall be located near the south west corner of Parcel C. 3.4 Allocation of Construction Costs. The cost for the construction of the Improvements ("Construction Costs") shall be allocated among the parties as follows: Sunstone shall contribute $20,000.00; McKinley-Peach shall contribute $20,000.00; and Empereur shall contribute the balance of the Construction Costs. 3.5 Prepayment of Construction Costs. Sunstone and McKinley- Peach shall disburse their share of the Construction Costs to Empereur out of escrow as part of McKinley-Peach's purchase of Parcel C. Empereur shall have no obligation to make the Improvements until Empereur receives payment from Sunstone and McKinley-Peach for their share of the Construction Costs. 3.6 Maintenance of the Improvements. '(a)' Any owner of a Lot may perform; or cause to be performed; repairs maintenance and capital improvements-'(collectively "Maintenance") to the Improvements. (b) The owner desiring to perform Maintenance (the "Initiating Owner") must obtain three (3) bids from licensed, bonded and insured contractors with experience in the field of the desired maintenance. The Initiating Owner shall select the low bid. (c) The Initiating Owner shall send notice to each of the owners of the other Lots indicating the scope of the maintenance, the name of the contractor, the amount of the accepted bid, the commencement date of the construction and the anticipated completion date. Said notice shall be sent thirty days prior to the commencement date of the Maintenance. The Initiating Owner shall make a reasonable effort to accommodate the scheduling concerns of the other Owners concerning the Maintenance. 3.7 Allocation of Maintenance Expenses. The costs for the Maintenance ("Maintenance Expenses") shall be allocated among the Properties in the following percentages: 01603/0003A//133605.DOC - 4 - Parcel A: 20.00% Parcel B: 60.00% Parcel C: 20.00% 3.8 Allocation of Parcel B Maintenance Expenses. Empereur intends to subdivide Parcel B into four separate lots. The rights and benefits conferred by this Agreement upon Parcel B, including the right to use the Empereur Drive Easement, shall flow through to each subdivided lot of Parcel B. Empereur shall have the right to allocate the burdens imposed by this Agreement upon Parcel B, including Parcel B's Maintenance Expense obligations hereunder, among the subdivided lots of Parcel B as Empereur sees fit. 3.6 Payment of Maintenance Expenses. The Initiating Owner shall pay all Maintenance Expenses as and when incurred by the Initiating Owner. The . owners of the other Lots shall pay their allocated percentage of the Maintenance Expenses within thirty (30) days of their receipt of a billing(together with reasonable back-up documentation, if requested) from the Initiating Owner. If any owner:fails to pay the Initiating Owner within thirty (30) days of its receipt.of,-a,,, billing(together with reasonable back-up documentation, if requested), the ';;_,,._- defaulting owner,shall:pay, in addition to the amount billed, interest thereon at an. . annual rate of ten percent.(10%). 3.7 Lien Rights. All Maintenance Expenses, Construction Costs; and accrued interest (if any) billed to an owner of a Lot pursuant to this Agreement shall be a separate, distinct and personal debt and obligation of the responsible owner. If any owner fails to pay its share of any Maintenance Expenses and/or accrued interest (if any) billed pursuant to this Agreement within the time specified herein, the Initiating Owner shall send another copy of such notice to the defaulting owner, which notice shall be clearly marked with the following language: "SECOND NOTICE— FAILURE TO PAY WILL RESULT IN A LIEN AGAINST THE SUBJECT PROPERTY" (the "Second Notice"). If the defaulting owner fails to pay its share of any Maintenance Expenses and/or accrued interest (if any) billed pursuant to this Agreement within ten (10) days of receipt of the Second Notice, the Initiating Owner may make the amount billed a lien against the defaulting owner's Lot(s) by recording and delivering to each defaulting owner a notice of lien. Each such notice shall set forth the following information with respect to each Lot affected: (i) the identity of the Lot; (ii) the amount of the Maintenance Expense and/or accrued interest (if any) owed by the defaulting owner; (iii) the dates when payment of such amounts (after the expiration of all applicable notice and cure periods) was due and the amount due on such dates; (iv) that the Maintenance Expenses and/or accrued interest (if any) were billed and the notice recorded pursuant to this Agreement; and (v) that the Maintenance Expense and/or accrued 01 603/0003 A//133605.DOC - 5 - fp interest (if any) set out in the notice shall be a lien against the Lot of such defaulting owner until such amounts are paid. 3.8 Remedies. In the event any owner is in default in the payment of any Maintenance Expense, the Initiating Owner may give notice to the defaulting owner specifying the default and stating that if the default is not cured within the time stated in the notice, which must be at least ten (10) days from the date of the notice, the Initiating Owner will exercise its remedies under this Agreement. If the default is not cured within the time specified in the notice, in addition to such other remedies as may be allowed by law, the Initiating Owner may proceed as follows: (a) The Initiating Owner may sue any owner in default for the amount of the default. Any judgment rendered in any such action shall include, except where forbidden by law, interest at the rate of ten percent (10%) per annum from the date of default and all costs incurred in obtaining judgment, including, but not limited to, reasonable attorneys' fees. (b) The Initiating Owner may record a notice of lien as provided in Section 3.7. The lien established by the recorded notice of.lien may be .. foreclosed by appropriate action in Court or in the manner provided by law for the. foreclosure of a mortgage or Deed of Trust,upon power of sale.! In the event foreclosure is by action in court, the Initiating:Owner shall-be entitled to recover-,, interest and all costs incurred in obtaining judgment, including; but not limited to, reasonable attorneys' fees. In the event foreclosure is under power of sale, the Initiating Owner, in conducting the sale, shall be entitled to recover expenses and such fees as may be allowed by law or by prevailing custom in the community at the time the sale is conducted. Section 4. General Provisions 4.1 Taxes. Each owner shall pay before delinquency all taxes and assessments which may be levied upon or assessed against such owner's Lot(s) that is burdened by the easements granted herein. 4.2 Not a Public Dedication. Nothing contained herein shall be deemed to be a gift or dedication of any portion of the Properties to the general public, or for the general public, or for any public purposes whatsoever, it being the intention of the parties hereto that this Agreement shall be strictly limited to and for the purposes herein expressed. 4.3 Mortgage Protection. Any lien recorded pursuant to this Agreement (a "Lien") shall be subordinate to all other liens and encumbrances 01603/0003A//1 33 605.DOC - 6 recorded prior to the recordation of the claim of a Lien, and shall be prior to all other liens and encumbrances. No amendment to this Agreement shall affect the rights of a holder of any recorded lien or encumbrance recorded prior to recordation of such amendment, unless the lien or encumbrance holder joins in the execution of the amendment. A breach.of any of the terms, conditions, covenants, or restrictions of this Agreement shall not defeat or render invalid the lien of any mortgage, deed of trust, or other security interest made in good faith and for value, but such term, condition, covenant, or restriction shall be binding and effective against any person or entity who becomes an owner of any Lot or any portion thereof. 4.4 Insurance. Each owner of each Lot shall procure and maintain general public liability, fire and extended coverage insurance (excluding earthquake insurance) against claims and liabilities for personal injury, death and property damage arising out of or upon each such owner's Lot and the Empereur Drive Easement. The coverage procured and maintained by owner of Parcel A under this Section shall include that portion of Parcel A that comprises the North Easement. Each owner of each Lot shall procure and maintain course of construction insurance coverage during such time as construction of improvements or repairs or replacements thereto are undertaken on such owner's Lot, insuring such owner, its agents, contractors and materialmen for claims and liabilities for personal injury;:,. 'death,and property damage arising out of the construction of improvements on. ach such owner's Lot. All such insurance coverage shall provide.for coverage of not { less than Two Million Dollars ($2,000,000) for personal injury or death in any single occurrence and One Million Dollars ($1;000,000) for property damage. Certificates of insurance evidencing the coverages required by this Section shall be delivered to each Lot owner, prior to the commencement of construction of any improvements or Maintenance upon the Empereur Drive Easement area or the North Easement area, as applicable. 4.5 Assignment. Empereur may assign all or any part of the rights and burdens accruing to Parcel B under this Agreement, or any interest therein, or delegate all or any part of obligations accruing to Parcel B under this Agreement, to any successor, including but not limited to any future owner of Parcel B or subdivided lot(s) thereof. 4.6 Effect of Sale. If any owner of the Properties sells or otherwise conveys a Lot, then, after the date of such sale, such owner shall have no further obligation under and pursuant to this Agreement subsequent to the date of sale, except to the extent of any obligations accrued prior to the date of sale, with respect to such Lot. Upon the subdivision of Parcel B by Empereur, if Empereur sells or otherwise conveys a legally created parcel from Parcel B, then, after the date of such sale, Empereur shall have no further obligation under and pursuant to this 01603/0003 A//133605.DOC - 7 - Agreement subsequent to the date of sale, except to the extent of any obligations accrued prior to the date of sale, with respect to such parcel. The rights and benefits conferred by this Agreement upon Parcel B, including the right to use the Empereur Drive Easement, shall flow through to each subdivided lot of Parcel B. 4.7 Inurement. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assignees of the parties. 4.8 Attorneys' Fees. If either party brings an action at law or in equity to enforce, interpret, or redress a breach of this Agreement, including the collection of Drive Expenses, the prevailing party shall be entitled to its litigation expenses and reasonable attorneys' fees incurred in addition to all other relief as may be allowed by law or in equity. 4.9 Interpretation. This Agreement shall be construed as a whole, according to its fair meaning, and not in favor of or against any party. By way of example and not inlimitation, this Agreement shall not be construed in favor of the r , party receiving a benefit nor against the party drafting or otherwise responsible.for any particular language in this Agreement. Captions are used for reference purposes only and should be ignored in the interpretation,of the Agreement. 4.10 . Use of Pronouns. The use of the-neuter singular pronoun to refer to the parties shall be deemed a proper reference even though parties may be an individual, a partnership, a corporation, or a group of two or more individuals or corporations. The necessary grammatical changes required to make the provisions of this Agreement apply in the plural sense where there is more than one with respect to either corporations, associations, partnerships, or individuals, males or females;shall in all instances be assumed as though in each case fully expressed. 4.11 Entire Agreement. This Agreement and its attachments constitute the entire agreement and understanding between the parties. There are no oral understandings, terms, or conditions, and neither party has relied upon any representation, express or implied, not contained in this Agreement. All prior understandings, terms or conditions are deemed merged into this Agreement. 4.12 Severability. The unenforceability, invalidity, or illegality of any provision shall not render the other provisions unenforceable, invalid, or illegal. 4.13 Waiver. No consent or waiver, express or implied, by either party to this Agreement of any breach or default by the other in the performance of any obligation hereunder shall be deemed or construed to be a consent to or waiver 01603/0003AHI33605.DOC - 8 - of any other breach or default by such party hereunder. Failure on the part of any party hereto to complain of any act or failure to act of the other party or to declare the other party in default hereunder, irrespective of how long such failure continues, shall not constitute a waiver of the rights of such party hereunder. 4.14 Countelparts. This Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 4.15 No Merizer. The easements herein created and the covenants herein described shall not be extinguished by merger of any or all of the ownership of more than one Lot. 4.16 Negation of Partnership and of Public Benefits. None of the terms or provisions of this Agreement shall be deemed to create a partnership between the parties hereto in their respective businesses or otherwise, or to affect in any way any partnership which may exist between the parties hereto, if any, nor shall it cause them to be considered joint venturers or members of any joint enterprise. 4.17 No Third Party Beneficiaries. This Agreement is not intended nor shall it be construed to create any third-party beneficiary rights in any party. which or who is not a party hereto (including, without limitation, any rights to the general public) unless expressly otherwise provided. Without limiting the generality of the foregoing, nothing contained herein shall be deemed to be a dedication of any portion of the Properties (or interest therein) to the general public, or for any public use whatsoever. 4.18 Estoppel Certificate. Each party hereto hereby covenants that within fifteen (15) business days after a written request of any other party hereto, it will issue to such other party, or to any mortgagee, or to any prospective purchaser or prospective mortgagee specified by such requesting party, an estoppel certificate stating: (i) whether the party to whom the request has been directed knows of any default under this Agreement, and if there are known defaults specifying the nature thereof; (ii) whether this Agreement has been modified or amended in any way(or if it has, then stating the nature thereof); and(iii) that to the party's knowledge this Agreement as of that date is in-full force and effect. Such statement shall act as a waiver of any claim by the party furnishing it to the extent such claim is based upon facts contrary to those asserted in the statement and to the extent the claim is asserted against a bona fide encumbrancer or purchaser for value without knowledge of facts to the contrary of those contained in the statement, and who has acted in reasonable reliance upon the statement. 01603/0003A//1 33605.DOC - 9 - f, 4.19 Subject to Existing Conditions. The easements granted hereunder are subject to all existing easements, covenants, conditions, encumbrances, liens, dedications, offers of dedication, restrictions, reservations, rights and rights of way of which either party hereto has actual or record notice. 4.20 Amendment. This Agreement may be amended or released only pursuant to an instrument in writing duly executed and acknowledged by all of the parties hereto and recorded in the Fresno County Recorder's Office. 4.21 Construction. This Agreement is made in, and shall be governed, enforced and construed under the laws of the State of California. 4.22 Notice. All notices and deliveries hereunder shall be given in writing by personal service or by Federal Express, Express Mail, or any other commercial delivery service that guarantees overnight delivery ("Overnight Service"). Notices and deliveries shall be considered given and received when personally served or,when deposited with an Overnight Service within the time period required by the Overnight Service for overnight delivery, or by electronic facsimile with the original being.promptly sent as otherwise provided above to the respective addresses:;Notices and,deliveries shall be addressed as appears below to the respective parties. Empereur: Larry Empereur Empereur Equity Developers, Inc 2300 South Clovis Avenue Fresno, California 93727 Telephone: (559) 456-3600 Facsimile: (559) 255-2977 Sunstone: Sunstone Outparcel, L.L.C. c/o Sunstone Hotel Investors, LLC 903 Calle Amanecer San Clemente, CA 92673 Telephone: (949) 369-4000 Facsimile: (949) 369-4280 McKinley-Peach: Brett D. Fugman McKinley-Peach Tenants in Common 1195 W. Shaw Suite C Fresno, CA 93711 Telephone: (559) 490-2500 Facsimile: (559) 228-2720 01603/00 03 A//13 3 605.DO C - 10 - [REMAINDER OF PAGE INTENTIONALL Y LEFT BLANK; SIGNATURE PAGE FOLLOWS] 01603/0003A//133605.DOC - 11 - J The parties hereto have executed this Agreement on the date set forth adjacent their respective signatures below. "EMPEREUR" "MCKINLEY-PEACH" EMPEREUR EQUITY MCKINLEY-PEACH TENANTS IN DEVELOPERS, INC.; a California CO ON corporation By: TT F G L mpereur ts: �r2Es�dc�✓T Executed on: , 2004 Executed on: %Z- , 2004 SKN PROPERTIES, a California "SUNSTONE" general partnership SUNSTONE OUTPARCEL, L.L.C., a Delaware limited liability company By: k4r , S tt G. Negri Its:— By: Executed on: /Z 4 , 2004 Name: Its: Executed on: , 2004 ANDREW SOLOMON Executed on: / 2-- , 2004 St OR. BELL, ee for the Family Living Trust U/A DTD 05/27/1997 Executed on: , 2004 0 1603/0003A//13 3 60 S.DOC - 12 - The parties hereto have executed this Agreement on the date set forth adjacent their respective signatures below. "EMPEREUR" "MCKINLEY-PEACH" EMPEREUR EQUITY MCKINL EY-PEACH TENANTS IN DEVELOPERS, INC., a California COMMON corporation. By: BRETT FUGMAN Larry Empereur Its: Executed on: , 2004 Executed on: , 2004 SKN PROPERTIES, a California "SUNSTONE" general partnership SUNSTONE OUTPARCEL, L.L.C., a Delaw rq limited l ability company By: Scott G. Negri Its: By: Executed on: , 2004 �- Its: LSU Executed on: 2004 ANDREW SOLOMON Executed on: , 2004 SCOTT R. BELL, Trustee for the Bell Family Living Trust U/A DTD 05/27/1997 Executed on: , 2004 01 603/0003A/A 33605-DOC - 12 - STATE OF CALIFORNIA ) r SS: COUNTY OF Ivr-e-�nn ) On , before me, a Notary Public in and for said State, personally app aced Za"rd EMj2-R-r-eL1r personally known to me (or proved to me on the basis of atisfactory 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. CHRISTY L. LOOMIS COMM.#1472819 NOTARY PUBLIC-CALIFORNIA KINGS COUNTY (Seal) My Comm.Expires Feb.27,2008 01603/0003A//133605.DOC - 13 - Y STATE OF CALIFORNIA ) SS: COUNTY OF f—re6n,0 ) On Aj a before me, a Notary Public in and for said State, personally app6red 1-7�rp iL FUq ml , personally known to me (or proved to me on the basis of satisfatfory evidence) to be the person(s) whose narne(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. CHRISTY L. LOOMIS COMM. #1472819 —� NOTARY PU8UC•CALIFORNIA KINGS COUNTY (Seal) My Comm.Expires Feb.27,2008 0160310003A//133605.DOC - 14 - � n STATE OF CALIFORNIA SS: COUNTY OF rp,,nn ) On goo4 , before me, a Notary Public in and for said State, personally app ed���C+ C- . N(jC f-j , personally known to me (or proved to me on the basis of satisfactory idence) 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. � CHRISTY L. LOOMIS COMM. #1472819 -� F-'01 NOTARY PUBLIC•CALIFORNIA KINGS COUNTY ? My Comm.Expires Feb.27,2008 GiC (Seal) 01 603/0003A//133605.DOC - 15 - 7 ti STATE OF CALIFORNIA ) SS: COUNTY OF r!pnnO ) On y , beforeme, Notary Public in and for said State, personally a ared �,7�- a/per , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. CHRISTY L. LOOMIS COMM. #1472819 �. NOTARY PUBLIC-CALIFORNIA KINGS COUNTY My Comm.Expires Feb.27,2008 (Seal) i it I 01603/0003A//]33605.DOC - 16 - STATE OF CALIFORNIA ) SS: COUNTY OF On before me, a Notary Public in and for said State, personally ap a'i , & 1/ , personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. CHRIS:Y L. Loomis COMM. #14728.19 NOTARY PUBLIC•CALIFORNIA KINGS COUNTY My Comm.Expires Feb.27,2008 (Seal) 01603/0003A//133605.DOC - 17 - r STATE OF CALIFORNIA ) SS: COUNTY OF On CC,IZ Wi/, before me, a Notary Public in and for said State, personally ap ared ' j)1 ��� ,personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(-J�whose name(s)'is/x, -subscribed to the within instrument and acknowledged to me that he/sheftlrc"xecuted the same in his4wr,�authorized capacity(, and that by his/herfttrutr signature(,a)-on the instrument the person( or the entity upon behalf of which the person(Wacted, executed the instrument. WITNESS my hand and official seal. (Seal) LISA S.FAIRCLOTH Commission#1302993 Z Notary Public-California Z Orange County My Comm.Expires Apr 30,2005 r 0160 3/0003 A//13 3 60 5.D O C - 15 - LIST OF EXHIBITS EXHIBIT "A" Parcel A EXHIBIT "B" Parcel B EXHIBIT "C" Parcel C EXHIBIT "D" Depiction of the Empereur Drive Easement and the North Easement 01603/0003 A//133605.DOC - 19 - EXHIBIT A Legal Description for Parcel A Parcel B per Parcel Map No. 88-56, recorded July 21, 1989, in Book 49 of Parcel Maps, at Page 72, official records of Fresno County, California. 01603/0003A//133605.DOC - 20 - EXHIBIT B Legal Description for Parcel B Parcel A per Parcel Map No. 88-56, recorded July 21, 1989, in Book 49 of Parcel Maps, at Page 72, official records of Fresno County, California. 0 1 603/0003A//1 33605DOC - 21 - EXHIBIT C Legal Description for Parcel C Parcel C per Parcel Map No. 88-56, recorded July 21, 1989, in Book 49 of Parcel Maps, at Page 72, official records of Fresno County,California. 0160310003AH 133605.DOC. _ 77 _ .V- EXHIBIT D Depiction of the Empereur Drive Easement and the North Easement 01 603/0003AH 133605.DOC - 23 - I. � a 0 �m F� ^o $ 3nN3A`d HOV3d H180N �o co o to > wa waj ¢ w CQ o as a H > 0 r r�-i n W w w z � u � Wi U 5 :3 w En i \� 3-4 3� O �, w, 0 g 0 y axi al waw waw 1 s