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HomeMy WebLinkAboutPM 2006-43 - Agreement/Covenant - 8/8/2008 (3) RECORDING REQUESTED BY AND WHEN RECORDED, RETURN TO: BOLEN, FRANSEN & RUSSELL LLP 0$/08/2008,20080113393 1322 East Shaw Avenue, Suite 430 Fresno, CA 93710 Attention: Hal H. Bolen II SPACE ABOVE THIS LINE FOR RECORDER'S USE O NON-EXCLUSIVE CROSS ACCESS U_ Z AND DRAINAGE EASEMENT AGREEMENT O V W This Non-Exclusive Cross, Access and Easement Agreement (the "Easement Agreement"), is made and entered into as of July _7_, 2008, by and between FIG TREE JPROPERTIES, L.P., a California limited partnership ("Fig Tree"), ZONE SPORTS CENTER, p� LLC, a California limited liability company ("Zone") and the City of Fresno ("City"). For convenience, Fig Tree, Zone and City are sometimes collectively referred to herein as the "Parties" and individually as a "Party." This Easement Agreement is made with reference to the following recitals of fact: A. Fig Tree is the owner of that certain real property located in the City and County of Fresno, California referenced as Assessor's Parcel Number 438-021-01, and more particularly described on Exhibit A attached hereto and incorporated herein by this reference (the "Fig Tree Property"). B. Zone is the owner of that certain real property also located in the City and County of Fresno, California and more particularly described on Exhibit B attached hereto and incorporated herein by this reference (the "Zone Property") which abuts a portion of the south boundary of the Fig Tree Property. C. Zone is in the process of developing the Zone Property and adjacent property into a sports/entertainment theme park called "The Village at Granite Park," (the "Project"). The Zone Property constitutes a substantial portion of the common area that will serve as parking, access, ingress, egress and surface and subsurface storm water drainage. D. Fig Tree is in the process of subdividing the Fig Tree Property into nine (9) commercial lots and one common area lot that will serve the commercial lots to provide parking, access, ingress, egress and surface and subsurface storm water drainage. E. The Parties each desire to grant and obtain reciprocal access, ingress, egress and drainage easements over their respective properties as herein provided. NOW, THEREFORE,the Parties agree as follows: -1- NABFRFresno\001\1 3 912.002\EasementCrossAccessDrainage4.doc 1. Zone's Grants of Easement. For good and valuable consideration, the receipt of which is hereby acknowledged, and subject to the terms, restrictions, limitation, conditions and provisions hereof, Zone hereby grants and conveys the following non-exclusive and perpetual easements to Fig Tree, its successors, assigns, transferees, tenants, licensee, employees, agents and invitees, appurtenant to the Fig Tree Property,consisting of: a. the right to use that portion of the Zone Property herein referred to as the "Zone Property Access Area," for access, ingress and egress to public streets and parking by vehicular and pedestrian traffic (the "Fig Tree Access Easement"). The Zone Property Access Area is defined as and shall consist of all of those portions of the Zone Property that are now or hereafter designed, improved and dedicated to use for vehicular and pedestrian access and travel, as now or hereafter depicted on Site Plan S-03-209 as it is amended from time to time. The Fig Tree Access Easement shall only include the right to use the Zone Property Access Area for the purpose intended by the owner of the Zone Property from time to time. It shall not include the right to interfere with any other use for which the Zone Property is now or may hereafter be employed. The owner of the Zone Property retains and reserves the right to reconfigure and change the use of the Zone Property including the Zone Property Access Area provided that it does not preclude access to and from public streets to the Fig Tree Property. The owner of the Zone Property shall have the right to reduce the number of parking spaces and the area devoted to vehicular parking within the Zone Property Access Area, provided that it shall at all times, be in compliance with City ordinances. b. the right to use that portion of the Zone Property herein referred to as the "Zone Property Drainage Facilities" for the discharge and flow by gravity of surface storm water and irrigation water runoff(the "Fig Tree Drainage Easement"). The Zone Property Drainage Facilities are defined as and shall consist of surface areas, storm water channels, water diversion facilities and underground storm water drainage collectors, pipelines, and similar facilities designed for the discharge of storm water into City or other governmental, public or private utility storm drain facilities as they shall now or hereafter exist on or under the Zone Property, as now or hereafter depicted on Site Plan S- 03-209 as it is amended from time to time.. The Fig Tree Drainage Easement shall only include the right to use the Zone Property Drainage Facilities for the purpose intended by the owner of the Zone Property from time to time. It shall not include the right to interfere with any other use for which the Zone Property is now or may hereafter be employed. The owner of the Zone Property retains and reserves the right to reconfigure and change the use of the Zone Property including the Zone Property Drainage Facilities provided that it does not materially reduce the volume of storm water that can be discharged from the Fig Tree Property through the existing Zone Property Drainage Facilities. 2. Fig Tree's Grant of Easement. For good and valuable consideration,the receipt of which is hereby acknowledged, and subject to the terms, restrictions, limitation, conditions and provisions hereof, Fig,Tree hereby grants and conveys the following non-exclusive and perpetual -2- N:\BFRFresno\001\13912.002\EasementCrossAccessDrainage4.doc easements to Zone, its successors, assigns, transferees, tenants, licensee, employees, agents and invitees, appurtenant to the Zone Property, consisting of- a. £a. the right to use that portion of the Fig Tree Property herein referred to as the "Fig Tree Property Access Area," for access, ingress and egress to public streets and parking by vehicular and pedestrian traffic (the "Zone Access Easement"). The Fig Tree Property Access Area is defined as and shall consist of that portion of the Fig Tree Property that is now or hereafter designed, improved and dedicated to use for vehicular and pedestrian access and travel, as now or hereafter depicted on Site Plan S-06-264 as it is amended from time to time.. The Zone Access Easement shall only include the right to use the Fig Tree Property Access Area for the purpose intended by the owner of the Fig Tree Property from time to time. It shall not include the right to interfere with any other use for which the Fig Tree Property is now or may hereafter be employed. The owner of the Fig Tree Property retains and reserves the right to reconfigure and change the use of the Fig Tree Property including the Fig Tree Property Access Area provided that it does not preclude access to and from public streets to the Fig Tree Property. The owner of the Fig Tree Property shall have the right to reduce the number of parking spaces and the area devoted to vehicular parking within the Fig Tree Property Access Area, provided that it shall at all times be in compliance with City ordinances. For convenience, the Fig Tree Access Easement and the Zone Access Easement are sometimes collectively referred to herein as the "Access Easements," and the Fig Tree Drainage Easement is sometimes referred to herein as the "Drainage Easement." The Access Easements and the Drainage Easement are sometimes referred to collectively herein as the "Easements." 3. Easements Non-Exclusive. The Easements granted herein are non-exclusive and are subject to the concurrent use thereof by the Parties and by other parties now or hereafter possessing easements or other interests in the Zone Property and/or the Fig Tree Property or portions thereof. 4. Use and Maintenance of Easements. The Access Easements granted herein shall be used by the Parties and their respective agents, employees, tenants, guests, invitees and successors and assigns and their respective agents, employees, guests and invitees, solely for the uses herein set forth and for no other purpose whatsoever without the prior written consent of Fig Tree the Parties. Neither Party shall use the Easements or permit the Easements herein granted to be used in whole or in part during the existence of this Easement Agreement for any purpose or use that is in violation of any applicable local, state or federal law. The Parties shall, at their sole expense, comply with all laws, regulations, and ordinances affecting or resulting from their use of the Easements. 5. Subject to Existing fights and Existing Conditions. The grant of the Road Easements is subject to current taxes and assessments and all present and future covenants, conditions, restrictions, reservations, rights, right of way, easements and encumbrances affecting the Properties. Without limiting the foregoing, the Easements granted herein are non-exclusive -3- N:\BFRFresno1001113912.002\EawmentCrossAccessDrainage4.doc and both Parties hereby reserve to itself and its successors and assigns, the right: (a) to grant similar easements to other persons and entities, and (b) to use the real property upon which the Access Easements are situated for access to any other portions of their respective Properties, and for any other purposes which will not unreasonably interfere with the other Party's exercise of its rights under this Easement Agreement. Both Parties accept the Easements and the Easement Areas in their "AS-IS" condition as of the recordation date of this Easement Agreement. 6. Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or dedication of any portion of either of the Properties to the general public or for any public purposes whatsoever, it being the intent of the Parties that this agreement shall be strictly limited to and for the purposes herein expressed. 7. Maintenance and Repair. The Parties shall keep the respective Easement Areas on their respective Properties at all times well maintained and in good repair and condition, free from trash, rubbish and debris. If either Party shall fail to repair an Easement Area on its Property, the other Party shall have the right to enter and make such repairs and receive reimbursement for the reasonable cost thereof. Each Party shall promptly repair any damage that it, its employees, tenants, or invitees shall cause to the Easement Area located on the other Party's Property. 8. Obstructions. Neither Party shall erect or permit any obstructions upon any portion of the Easement which will in any way interfere with or in any manner affect the free and unobstructed movement of vehicles and pedestrians or the flow of storm water unless they provide suitable replacement facilities that will not interfere with the other Party's exercise and enjoyment of its rights hereunder, in compliance with applicable City ordinances.. 9. Liabilit� Insurance. Both Parties shall at all times during the existence of this Easement Agreement, maintain at their respective cost, general public liability insurance against claims for personal injury, death or property damage occurring in or about the Road Easement. The liability limits under such insurance shall be not less than $1,000,000.00 per person and $2,000,000.00 per occurrence, with property damage limits of not less than $1,000,000.00 per occurrence with an aggregate coverage of not less than $2,000,000.00. Such policies shall name the other Party and its successors as additional insureds. 10. Counterparts. This Easement Agreement may be executed in any number of counterparts and any Party hereto may execute any counterpart, each of which when executed and delivered shall be deemed to be an original and all of which, taken together, shall be deemed to be but one and the same instrument. 11. Easements and Rights Run With the Land. The Easements and other rights granted by this Easement Agreement, and the restrictions and covenants contained herein, shall run with the land and shall inure to the benefit of and bind the successors and assignees of the Parties, respectively. -4- N:\BFRFresno\001\13912.002\EasementCrossAccessDrainage4.doc 12. Amendment. This Easement Agreement may be amended, modified, or terminated only by the written agreement of the Parties hereto. 13. Entire Agreement. This Easement Agreement constitutes the entire agreement between the Parties relating to the subject matter hereof. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Easement Agreement are of no force and effect. 14. Cost of Enforcement. In the event that either party shall institute legal proceedings or arbitration action to enforce or interpret this Easement Agreement, the party prevailing in such action shall be entitled to reimbursement from the other party for all of its costs and expenses thus incurred, including but not limited to, its reasonable legal fees. 15. Recordation. This instrument shall be recorded in the office of the Recorder of Fresno County, California. 16. Arbitration. Any controversy between the Parties regarding the construction or application of this Agreement, and any claim arising out of this Agreement or its breach, shall be submitted to binding arbitration under the rules for arbitration provided in the California Code of Civil Procedure. There shall be only one arbitrator. The arbitrator in any arbitration shall be a retired judge selected by unanimous written agreement of the parties. If the Parties are unable to agree on the Arbitrator, then the Arbitrator shall be selected by the Presiding Judge of the Fresno County Superior Court. The prevailing Party, in any arbitration, shall be awarded its attorneys' fees and costs. 17. Time. Time is of the essence of this Easement Agreement and each and every provision hereof. 18. Governinp,Law. This Easement Agreement shall be governed by and construed in accordance with the laws of the State of California. 19. Additional Covenants. a. The conditions of this Easement Agreement are intended to benefit the public and public properties as well as the Zone Property and the Fig Tree Property (collectively, the "Subject Property"). Failure to comply with the terms of this Easement Agreement may result in the revocation of the Certificate of Occupancy for use of the structures constructed on the Subject Property. Accordingly, the City of Fresno shall have the right to enforce this Easement Agreement by any legal or equitable means. b. In the event that litigation is instituted to enforce or interpret any provision of this Easement Agreement, the Parties agree that the prevailing party shall be entitled to recover reasonable attorney's fees, costs and litigation expenses from the losing party. C. Each of the covenants, conditions, and restrictions contained in this Easement Agreement shall run with the Subject Property and shall be binding on each -5- N:\BFRFresno\001\13912.002\EasementCrossAccessDrainage4.doc successive owner of the Subject Property his/her heirs, representatives, successors, and assigns. d. The foregoing conditions shall remain in full force and effect until such time that the Director of the Planning and Development Department of the City of Fresno issues a written release of such conditions and obligations and the Parties record such release with the Fresno County Recorder. e. The provisions of this Easement Agreement shall be deemed independent and severable and the validity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any one provision or portion hereof. Whenever the context thereof requires, the neuter shall include the masculine or feminine, or both, and the singular shall include the plural. It is the intention hereof that this shall constitute a covenant running with the Subject Property owned by the undersigned, jointly and severally binding upon the undersigned and each of their heirs, representatives, successors and assigns. IN WITNESS WHEREOF, the Parties have executed this Easement Agreement as of the date first written above the day and year first hereinabove written. "Fig Tree" "Zone" Fig Tree Properties, L.P., Zone Sports Center, LLC a California limited partnership a California limited liability company By Granite Park Professional Center, LLC By a California limited liability company, Milt P. Barbis, Manager its General Partner By Milt P. Barbis,Manager -6- N:\BFRFresno\00 1\13 912.002\EasementCrossAccessDrainage4.doc «Cit,,, City of Fresno Director of Planning and D e opment City of Fresno Xr 1r4V 1UP67HOO A s a i sralr Approved as to Form: Dated: 4Jes Sanchez, City Attorney, City of Fresno -1 -7- N:\BFRFresno\001\13912.002\EasementCrossAccessDminage4.doc State of Calif _�qrrda County of //�� pn flW before me, Aljk V 4 , Notary Pub ' ,personally appeared who proved to me on ihe basis of satisfactory evidence to be the persoiaKwhose name( /are subscribed to the within instrument and acknowledged to me that(he he/they executed the same ijo/her/their authorized capacityks), and that by ly' ler/their signature.0� on the instrument the person(; or the entity upon behalf of which the persopkeacted, 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. r4dd (Seal)SSeal ConNeaawn�► 174aess Signature No""pubMa-Comfort" Frwrw Cour*v - M���SPM�1►�7,�11 State of California County of 4� On before me, , Notary Public personally appeared who proved to me on the basis of satisfactory evidence to be the personk( whose nameXiO/are subscribed to the within instrument and acknowledged to meehe/they executed the same i>dDher/their authorized capacity4k-s), and that b er/their signature on the instrument the person(sr,, or the entity upon behalf of which the persoT)(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. JANETTE INVO Signature �ti (Seal) Commiuion • 17436= Notary Fti1bNc-CaMfornia Ftwno County �r�v^7,2011 -10- N:\B FRFresno\001\13912.002\EasementCrossAccessDrainage4.doc CLERK'S CERTIFICATION State of California ) County of Fresno ) On July 28. 2008, before me, Elvia Sommerville, Deputy City Clerk, City of Fresno, personally appeared, Keith Berathold. Assistant Planning and Development Director, 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 pemon(s) acted, executed the instrument. l certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. REBECCA E. KLISCH, CMC City Clerk, City of Fresno By��rt,,a..J(---- Z Deputy SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on January 9, 2006, in the office of the Fresno County Recorder, as Document No. 2006- 0004202 of which the Deed of Trust in, by and between Fig Tree Properties, L.P., a California limited partnership, as Trustor, Chicago Title Company, as Trustee and TFS Investments, LLC, a California limited liability Company, Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the Non-Exclusive Cross Access and Drainage Easement Agreement between Fig Tree Properties L.P. and The Zone Sports Center, LLC dated July, 2008 and recorded in connection with Parcel Map No. 200643. DATED: J L) �! , BENEFICIARY TFS Investments, LLC, a California limited liability company By: C__Y'��— , Manager "fry A w-&- (Beneficiary to print4ype document information, Name, Title and attach Notary Acknowledgment) State of California County of 1c_rsn0 coo On 714�c-�, ;000 before me, Notary Public,personally appeared%trrurac =,« who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)A/are subscribed to the within instrument and acknowledged to me thaAgY executed the same indg0h@ weir authorized capacity(44 and that by O'he�signature(g) on the instrument the person(s j, or the entity upon behalf of which the personW 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. j CHRIS F;0X-----j ' Notary.p-IMIC swo"da f s L' i' FRESNO COUNTY Signature (Seal) My comm.EXP.dam 21,200 CHRIS FOXEN NOWW FRESNO COUNTY r My Comm.Eup.Jon 21,200 SUBORDINATION The undersigned, as holder of the beneficial interest in and under that certain Deed of Trust recorded on October 5, 2007, in the office of the Fresno County Recorder, as Document No. 2007- 0185510, of which the Deed of Trust in, by and between Fig Tree Properties, L.P., a California limited partnership, as Trustor, Chicago Title Company, as Trustee and BILL BARBIS, as Trustee under the Will of Tepi Barbis, aka Eptherpe Panas Barbis, deceased and by the Judgment of Final Distribution to Testamentary Trust recorded September 21, 1992 as Document No. 92143811, Official Records, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the Non-Exclusive Cross Access and Drainage Easement Agreement between Fig Tree Properties L.P. and The Zone Sports Center, LLC dated July, 2008 and recorded in connection with Parcel Map No. 2006-43. DATED: 4-AL BENEFICIARY � 9444- BILL 4441BI L BARBIS, as Trustee under the Will of Tepi Barbis, aka Eptherpe Panas Barbis, deceased and by the Judgment of Final Distribution to Testamentary Trust recorded September 21, 1992 as Document No. 92143811, Official Records, (Beneficiary to print4ype document information, Name, Title and attach Notary Acknowledgment) State of California County of F-� On d before me, , Notary Publi ,personally appeared who proved to me on the basis of satisfactory evidence to be theerson whose name is are subscribed to the within instrument and acknowledged to me that e he/they executed the same i is er/their authorized capacity(imT, and that by is er/their signatureXon the instrument the personX, or the entity upon behalf of which the persor�(<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. , ,i Nur0 Signature (Seal) Comml�slon • 1743"2 k*CMM= gr27,m11 EXHIBIT "A" LEGAL DESCRIPTION THE NORTH HALF OF THE WEST HALF OF LOT 92 OF SCANDINAVIAN COLONY, IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 2 PAGE 3 OF PLATS, FRESNO COUNTY RECORDS. EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF FRESNO BY FINAL ORDER OF CONDEMNATION RECORDED DECEMBER 10, 1965 IN BOOK 5250, PAGE 422 AS DOCUMENT NO. 99568, OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 92; THENCE EASTERLY, ALONG THE NORTH LINE OF SAID LOT 92, A DISTANCE OF 85 . 0 FEET; THENCE SOUTHERLY ALONG A LINE WHICH I S PARALLEL WITH THE WEST LINE OE SAID LOT 92, A DISTANCE OF 30.0 FEET; THENCE WESTERLY, ALONG A LINE WHICH IS PARALLEL WITH THE NORTH. LINE OF SAID LOT 92, A DISTANCE OF 27.0 FEET, TO A POINT WHICH TS 5-8.0 FEET EAST OF THE WEST LINE OF SAID LOT 92; THENCE WESTERLY, AND SOUTHERLY, ALONG A TANGENT CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 8.00 FEET, TO THE INTERSECTION WITH A LINE WHICH IS PARALLEL WITH AND 50.0 FEET EAST OF THE WEST LINE OF SAID LOT 92; THENCE SOUTHERLY, ALONG A LINE WHICH IS PARALLEL WITH AND 50.0 FEET EAST.OF THE WEST LINE OF SAID LOT 92 TO THE INTERSECTION WITH THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID LOT 92; THENCE WESTERLY ALONG, THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID LOT 92, TO THE INTERSECTION WITH THE WEST LINE OF SAID LOT 92; THENCE NORTHERLY, ALONG THE WEST LINE OF SAID LOT 92, TO THE POINT OF BEGINNING. (ALSO BEING SHOWN ON THAT CERTAIN MAP RECORDED IN BOOK 30, PAGE 28 OF RECORD OF SURVEYS.) EXHIBIT "B" PARCEL"D" OF LOT LINE ADJUSTMENT 2007-57,AS DOCUMENT NUMBER 2008-0043136 , OF OFFICIAL RECORDS OF FRESNO COUNTY, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF PARCEL"D"OF LOT LINE ADJUSTMENT 2007-18,RECORDED AS DOCUMENT 2007-0098323 AND A PORTION OF PARCEL"A" OF LOT LINE ADJUSTMENT 2006-32,AS DOCUMENT No.20070011256 ON JANUARY 18'",2007, OF OFFICIAL RECORDS OF FRESNO COUNTY,AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF PARCEL D OF SAID LOT LINE ADJUSTMENT 2007-18; THENCE SOUTH 89016'13" EAST,ALONG THE NORTH BOUNDARY OF SAID PARCEL D,A DISTANCE OF 735.11 FEET; THENCE SOUTH 00045'17"WEST,ALONG THE EAST BOUNDARY LINE OF SAID PARCEL D,A DISTANCE OF 228.07 FEET; THENCE NORTH 89014'43 WEST,A DISTANCE OF 67.79 FEET; THENCE NORTH 00°45'17"EAST,ALONG THE EAST BOUNDARY LINE OF PARCEL E OF PARCEL MAP 2.002-13,RECORDED IN BOOK 62 OF PARCEL MAPS AT PAGES 14 AND 15,FRESNO COUNTY RECORDS,A DISTANCE OF 146.82 FEET; THENCE NORTH 89°14'43"WEST,A DISTANCE OF 290.91 FEET; THENCE SOUTH 00045'17 WEST,ALONG THE WEST BOUNDARY LINE OF PARCEL E OF SAID PARCEL MAP 2002-13,A DISTANCE OF 515.89 FEET; THENCE SOUTH 89014'43"EAST,ALONG THE NORTH BOUNDARY OF PARCEL D OF SAID PARCEL MAP 2002-13,A DISTANCE OF 164.05 FEET; THENCE SOUTH 75°54'49"EAST,ALONG THE NORTH BOUNDARY OF PARCEL D OF SAID PARCEL MAP 2002-13,A DISTANCE OF 133.79 FEET; THENCE SOUTH 89014'43"EAST,ALONG THE NORTH BOUNDARY OF PARCEL D OF SAID PARCEL MAP 2002-13,A DISTANCE OF 112.74 FEET(112.25 FEET PER RECORD) TO THE WEST LINE OF PARCEL B OF SAID PARCEL MAP 2002-13; THENCE SOUTH 00045'17"WEST,ALONG THE WEST LINE OF PARCEL B OF SAID PARCEL MAP 2002-13,A DISTANCE OF 177.74 FEET; THENCE NORTH 89014'43"WESTERLY, ALONG THE WEST LINE OF SAID PARCEL B OF SAID PARCEL MAP 2002-13,A DISTANCE OF 11.61 FEET (11.63 FEET PER SAID PARCEL MAP 2002-13); THENCE NORTH 89017'45" WEST,PARALLEL WITH AND 6.50 FEET SOUTH OF THE NORTH LINE OF PARCEL"A" OF LOT LINE ADJUSTMENT 2006-32, RECORDED AS DOCUMENT 2007-0011257,FRESNO COUNTY RECORDS,A DISTANCE OF 46.88 FEET, THENCE NORTH 00048'50"EAST,A DISTANCE OF 100.01 FEET; THENCE NORTH 89°17'42"WEST,A DISTANCE OF 20.28 FEET; THENCE NORTH 65049'46"WEST,A DISTANCE OF 103.26 FEET; THENCE SOUTH 75042'18"WEST,A DISTANCE OF 230.40 FEET; THENCE SOU'T'H 14009'50"EAST,A DISTANCE OF 230.80 FEET TO A POINT LYING ON THE WESTERLY BOUNDARY OF PARCEL"C"PER LOT LINE ADJUSTMENT 2007-18 RECORDED AS DOCUMENT NO. 0098323,FRESNO COUNTY RECORDS; THENCE SOUTH 14009'50"EAST,ALONG THE WESTERLY BOUNDARY OF SAID PARCEL "C", A DISTANCE OF 89.58 FEET; THENCE SOUTH 89009'50"EAST,ALONG THE SOUTH LINE OF SAID PARCEL "C", A DISTANCE OF 301.83 FEET THENCE SOUTH 00045'17"WEST,ALONG THE WEST BOUNDARY LINE OF PARCEL B OF SAID PARCEL MAP 2002-13, A DISTANCE OF 341.54 FEET; THENCE SOUTH 79.044'41"WEST,A DISTANCE OF 7.49 FEET TO THE BEGINNING OF A TANGENT CURVE, CONVEX TO THE NORTHWEST, SAIDCURVE RAVING A CENTRAL ANGLE OF 78°56'10"AND A RADIUS OF 85.00 FEET(CHORD BEARS SOUTH 40°16'23"WEST, 108.06 FEET); THENCE ALONG THE ARC AN ARC DISTANCE OF 117.10 FEET; THENCE SOUTH 0004818" WEST,A DISTANCE OF 86.98 FEET; THENCE SOUTH 00048'18"WEST,A DISTANCE OF 63.00 FEET; THENCE NORTH 89°11'42"WEST,PARALLEL WITH AND 40.00 FEET NORTH OF THE CENTERLINE OF EAST DAKOTA AVENUE,A DISTANCE OF 71.67 FEET; THENCE NORTH 00045'54" EAST, ALONG THE EAST BOUNDARY OF PARCEL MAP 83-37,RECORDED 3N BOOK 41,PAGES 41 AND 42 OF PARCEL MAPS,A DISTANCE OF 404.76 FEET; THENCE NORTH 64017'24" WEST,ALONG THE NORTHEAST BOUNDARY OF SAID PARCEL MAP 83-37,A DISTANCE OF 356.66 FEET; THENCE NORTH 890I 1'11" WEST,ALONG THE NORTH BOUNDARY OF SAID PARCEL MAP 83-37,A DISTANCE OF 299.97 FEET(299.95 FEET PER SAID PARCEL MAP 2002-13)TO THE NORTHWEST CORNER OF PARCEL B OF SAID PARCEL MAP'83-37; THENCE NORTH 00045'17"EAST,PARALLEL WITH AND 50.00 FEET EAST OF THE CENTERLINE OF NORTH CEDAR AVENUE,A DISTANCE OF 51.31 FEET, TO A POINT LYING ON THE SOUTHWEST CORNER OF PARCEL G OF SAID PARCEL MAP 2002-13; THENCE SOUTH 89014'43"EAST,ALONG THE SOUTH BOUNDARY OF SAID PARCEL G, A DISTANCE OF 230.00 FEET; THENCE NORTH 00045'17'EAST,PARALLEL WITH AND 230.00 FEET EAST OF THE WEST LINE OF SAID PARCEL"G",A DISTANCE OF 125.00 FEET; THENCE NORTH 89014'43"WEST,PARALLEL WITH AND 125.00 FEET NORTH OF THE SOUTH LINE OF SAID PARCEL"G",A DISTANCE OF 91.00 FEET; THENCE NORTH 00045'17"EAST,PARALLEL WITH AND 139.00 FEET EAST OF THE WEST LINE OF SAID PARCEL"G",A DISTANCE OF 45.00 FEET; THENCE NORTH 89014'43"WEST,A DISTANCE OF 60.99 FEET; THENCE NORTH 15042'15"EAST,A DISTANCE OF 165.00 FEET TO THE NORTHEAST CORNER OF PARCEL C OF SAID LOT LINE ADJUSTMENT 2006-32; THENCE NORTH 74017'45"WEST,ALONG THE NORTH LINE OF SAID PARCEL C,A DISTANCE OF 124.80 FEET; THENCE NORTH 00045'17"EAST,ALONG THE WEST BOUNDARY OF PARCEL H AND PARCEL F OF SAID PARCEL MAP 2002-13,A DISTANCE OF 60.11 FEET TO THE SOUTHWEST CORNER OF PARCEL D,OF SAID LOT LINE ADJUSTMENT 2006-32; THENCE SOUTH 74017'45"EAST,A DISTANCE OF 134.80 FEET; THENCE NORTH 15042'15"EAST,A DISTANCE OF 117.63 FEET; THENCE NORTH 74017'45"WEST,A DISTANCE OF 166.83 FEET, TO A POINT LYING ON THE WEST BOUNDARY OF PARCEL I OF SAID PARCEL MAP 2002-13; THENCE NORTH 00045'17"EAST,ALONG THE EXISTING WEST PROPERTY LINE OF PARCEL B OF SAID LOT LINE ADJUSTMENT 2006-32 AND PARCEL J OF SAID PARCEL MAP 2002-13, A DISTANCE OF 460.03 FEET; TO THE NORTHWEST CORNER OF LOT F OF SAID PARCEL MAP 2002-13 AND TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE FOLLOWING PROPERTY: COMMENCING AT THE NORTHEAST CORNER OF PARCEL"D"PER LOT LINE ADJUSTMENT 2006-32 RECORDED AS DOCUMENT 20070011256 /�� ,F.C.R; THENCE SOUTH 15042'15"WEST,ALONG THE WEST LINE OF SAID PARCEL"D"A DISTANCE OF 13.51 FEET; THENCE SOUTH 74017'45"EAST,A DISTANCE OF 28.84 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 74°16'50"EAST,A DISTANCE OF 115.03 FEET; THENCE SOUTH 14018'15"EAST,A DISTANCE OF 67.40 FEET; THENCE SOUTH 15042'18"WEST,A DISTANCE 49.05 FEET; THENCE NORTH 74°1742"WEST,A DISTANCE OF 148.74 FEET; THENCE NORTH 15°42'18"EAST,PARALLEL WITH AND 28.84 FEET EAST OF THE EAST LINE OF SAID PARCEL"D",A DISTANCE-OF 107.44 FEET,TO THE POINT OF BEGINNING.