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HomeMy WebLinkAboutCoC 2011-01 - Certificate of Correction - Certificate of Compliance - 6/21/2011 2 When Recorded Mai;To: ac O 0 03/02/2011120110@31467 U City Clerk UJ City of Fresno 4 2600 Fresno Street W Fresno, CA 93721-3603 9L No Fee-Government Code 6103 DEVELOPMENT and RESOURCE MANAGEMENT DEPARTMENT Development Services Division HTE: 11-142 JAF: 4150 North Brawley Avenue APN: 424-040- 87 (portion) & 89 CONDITIONAL CERTIFICATE OF COMPLIANCE (CoC 2011-01) This Conditional Certificate of Compliance is filed by the City of Fresno, County of Fresno, California pursuant to Section 66499.35 of the Subdivision Map Act (California Government Code Section 66410 et seq.) and Section 121212 of the Fresno Municipal Code. NOTICE: This certificate relates only to compliance or noncompliance with the Subdivision Map Act and local ordinances enacted pursuant thereto. The described properties herein may be sold, leased, or financed without further compliance with the Subdivision Map Act or any local ordinance enacted pursuant thereto. Development of the properties may require issuance of a permit or permits, or other grants of approval. WHEREAS, Robert K. Goodner of Goodner Land Surveying, 3497 East International Avenue, Clovis, California 93619, on behalf of HYDRO CONDUIT CORPORATION and BUILDERS CONCRETE, Inc., has requested a Certificate of Compliance for 2-parcels described in the attached Exhibit "A" and hereinafter referred to as the "Subject Property;" and WHEREAS, the Subject Property is located within the jurisdiction of the City of Fresno; and WHEREAS, according to Fresno County ownership records for Assessor's Parcel Number 424-040-89, Parcel A of the Subject Property is owned by HYDRO CONDUIT CORPORATION, 1501 Belvedere Road,West Palm Beach, Florida,33406;and WHEREAS, according to Fresno County ownership records for Assessor's Parcel Number 424-040-87, Parcel B of the Subject Property is owned by BUIILDERS CONCRETE, INC.,PO Box 9129, Fresno,California,93790;and WHEREAS,the City is relying on the following documents for this certificate: 1. Parcel Map No. 2400 recorded on December 20, 1974 as Document No. 94854 in Book 15 of Parcel Maps,at Page 4, Fresno County Records. (created Parcels 1 and 2) 2. Corporation Grant Deed recorded on February 28, 1975 as Document No. 14193 in Book 6403 at Page 251 & 252, Fresno County Records. (Grantor: Hydro Conduit Corporation, Grantee: Southern Pacific Transportation Company; described and granted an easement for railroad purposes) 3. Corporation Grant Deed recorded on February 28, 1975 as Document No. 14194 in Book 6403 at Page 253, Fresno County Records. (Grantor: Hydro Conduit Corporation, Grantee Walker, Walker& Pinkston, a partnership; described and granted 3 parcels of real property) 4. Individual Grant Deed recorded on December 30, 1977 as Document No. 139848 in Book 6943 at Pages 828 through 833, Fresno County Records. (Grantor: Walker, Walker & Pinkston, a partnership, Grantee: Fresno Unified School District; described and granted Parcel 2 of said Parcel Map No. 2400 with a portion of the northeast corner of Parcel 1 of said Parcel Map No.2400) 5. Partnership Grant Deed recorded on January 15, 1979 as Document No.5309 in Book 7199 at Page 554 & 555, Fresno County Records. (Grantor: Walker, Walker&Pinkston,a partnership,Grantee Builders Concrete,Inc.;described and granted 1 parcel of real property) 6. Grant Deed recorded on February 5, 1990 as Document No. 90014204, Fresno County Records. (Grantor: Valley Investment Group, a partnership, Grantee: Fresno Unified School District; described and granted 1 parcel of real property corresponding to Parcel 2 of PM 2400 which included a private easement and right of way within the described parcel); 7. Warranty Deed recorded on November 2, 1998 as Document No. 98159833, Fresno County Records. (Grantor: Associated Sand & Gravel Company, Inc., Grantee: Hydro Conduit Corporation; described and granted 3 parcels of real property) 8. Parcel Map No. 96-24 recorded on November 2, 2001 as Document No. 2001- 0161960 in Book 61 of Parcel Maps at Pages 50 and 51, Fresno County Records. (created Parcel A and a`remainder'parcel) 9. Grant Deed recorded on April 23,2002 as Document No. 2002-0066048, Fresno County Records. (Grantor: Fresno Unified School District, Grantee Pickett's Ponderosa Construction, LP, a California Limited Partnership; described and granted 1 parcel of real property). 10.Parcel Map No. 2001-15 recorded on March 18, 2004 as Document No. 2004- 0058928 in Book 63 of Parcel Maps at Pages 50 and 51, Fresno County Records. (merged and resubdivided Parcel A of said Parcel Map No. 96-24 and the parcel per Document No.2002-0066048);and WHEREAS,the south boundary of Parcel 1 of said Parcel Map No.2400 is coincidental with the south boundary of the Remainder parcel of said Parcel Map No.96-24;and WHEREAS, of the 3 real properties described and conveyed by said Corporation Grant Deed (Document No. 14194), Parcel 1 corresponds to Parcel 2 of said Parcel Map No. 2400, Parcel 2 was merged and resubdivided by said Parcel Map No. 2001-15, Parcel 3 does not correspond to a legally created parcel of record;and WHEREAS,the real property described and conveyed by said Partnership Grant Deed (Document No.5309)does not correspond to a legally created parcel of record;and WHEREAS, of the 3 real properties described and conveyed by said Warranty Deed (Document No. 98159833), Parcel 1 corresponds to the Remainder parcel of said Parcel Map No. 96-24,Parcel 2,did not correspond to a legally created parcel of record but was subsequently included in Parcel A of said Parcel Map No. 96-24, Parcel 3 corresponds to said Parcel Map No.2001-15. NOW THEREFORE,the City of Fresno determines that: A. Parcels A and B of the Subject Property do not comply with the provisions of the Subdivision Map Act and the Fresno Municipal Code for the following reasons: 1. The Corporation Grant Deed recorded on February 28, 1975 Document No. 14194 described and granted a parcel of real property(Parcel 3) which did not correspond to a legally created parcel of record nor was such grant made to or from a governmental agency, public entity or public utility, or subsequently merged and/or subdivided with a subdivision map. 2. The Partnership Grant Deed recorded on January 15, 1979 as Document No. 5309 described and granted a parcel of real property which did not correspond to a legally created parcel of record nor was such grant made to or from a governmental agency, public entity or public utility,or subsequently merged and/or subdivided with a subdivision map. This parcel corresponds to the parcel referenced in A.1 above. 3. The south boundary of Parcel 1 of said Parcel Map No. 2400 is coincidental with the south boundary of the Remainder parcel of said Parcel Map No. 96-24; therefore, only one legally created parcel exists which is delineated as the Remainder parcel in said Parcel Map No.96-24. B. To pursue the creation of the parcels described in Exhibit A will require the filing of a tentative map or vesting tentative map for approval and the approval and recording of a parcel map to create said Parcels A and B. Such approvals will be subject to compliance with the City of Fresno ordinances, policies and standards then in effect and the provisions of the Subdivision Map Act which may include (but not limited to), requirements to dedicate public easements (e.g., for purposes of public streets, utilities, pedestrian ways, trails, bike paths, etc.) to provide public improvements (e.g., public streets, sanitary sewer, water, storm drainage, etc.) the payment of applicable development impact fees, utility connection fees and charges. Alternatively, a lot line adjustment application (LLA) can be pursued for the 2 properties situated north and south of the common property line, which is the south property line of the Remainder parcel of Parcel Map No. 96-24, to adjust that common property line to correspond to the line described in Exhibit A. Upon the approval and perfection of such a LLA, a certificate of compliance for the adjusted parcels could then be processed and recorded. DATED: HAf-cH Z 12011 CITY OF FRESNO a Municipal Corporation John M. Dugan,AICP,Director ` Development and Resource Management Department APPROVED AS TO FORM JAMES C.SANCHEZ City Attorney By. non in Senior q puty City Attorney Date: l2/�/ CLERK'S CERTIFICATION State of California ) County of Fresno ) On March 2,2011 before me, Sherrie L.Badertscher,Deputy City Clerk,personally appeared, Keith Bergthold,Asst Director,Development and Resource Management Department,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 REBECCA E.KLISCH,CMC City Clerk,City of Fresno By. JkVtJt.l.c, r Deputy EXHIBIT A 0 /MA ERTKODNERND SURVEYING INC. 3497 E.International, Clovis, CA 93619 Phone;559-297-0204 Fax;559-297-3485 January 12,2011 Jonathan Bartel,Supervising Engineering Technician City of Fresno Development and Resource Management Department 2600 Fresno Street,3`1 Floor Fresno,CA 93721 RE:Request for Certificate of Compliance for APNs 424-040-89,75U,76U,77U,and a portion of 87. Dear Jon, I would like to request,on behalf of Hydro Conduit Corp.and Builders Concrete,Inc.,that the above referenced parcels be recognized as TWO legal parcels as follows:Parcel A would constitute APN 424- 040-89,excepting that portion lying southerly of the northerly line of the railroad easement along the south end of the parcel. Parcel B would constitute APN 424-040-75U,76U,77U,and a portion of 87 lying southerly of the northerly line of the railroad easement along the south end of APN 424-040-89 and lying within Parcel I of Parcel Map 2400,recorded in Book 15 of Parcel Maps at Page 4, Fresno County Records. Apparently the southerly parcel(Parcel B)was deeded by Hydro Conduit Corp. to Walker,Walker& Pinkston,illegally as Parcel 3 of corporation grant deed recorded in Book 6403,Page 253,on February 28, 1975 Document No.14194. These parcels have operated as separate entities since then. Parcel A is shown on Parcel Map NO.96-24,recorded in Book 61 of Parcel Maps at Pages 50 and 51 as a remainder parcel containing 37.61 acres. This acreage would indicate that the area southerly of the northerly line of the railroad easements was not included in the remainder. It's too bad this wasn't recognized at the time this map was being processed and remedied at that time. I am hoping that we can use the Certificate of Compliance process to remedy this situation. I have attached the following for your reference: 1.Legal descriptions for both proposed parcels. 2.Copy of corporation grant deed recorded in Book 6403,Page 253,on February 28,1975 Document No. 14194 If you have any questions,please let me know. Sincerely, Robert K Gooc ner,President Goodner Land Surveying l Parcel "A" Parcel 1 of Parcel Map No.2400,according to the map thereof recorded December 20,1974 in Book 15,Page 4 of Parcel Maps,Fresno County Records Excepting therefrom any portion thereof lying within Parcel Map No.2001-15, according the map thereof recorded March 18,2004 in Book 63,Pages 50 and 51,Fresno County Records. Also Excepting therefrom any portion thereof lying within the property conveyed to Walker,Walker&Pinkston,a partnership by Corporation Grant Deed recorded February 28,1975 in Book 6403,Pages 253 and 254,as Document No.14194 of Official Records,described as follows: That portion of the Southwest Quarter of Section 13, Township 13 South, Range 19 East,Mount Diablo Base and Meridian,according to the United States Government Township Plat approved by the Surveyor General on November 30, 1854,described as follows: Commencing at the Southwest corner of Section 13;thence North 0 degrees 35 minutes 20 seconds West,along the Westerly line of said Section 13,a distance of 661.86 feet;thence South 89 degrees 50 minutes 33 seconds East,a distance of 30 feet,to the East line of Brawley Avenue and the TRUE POINT OF BEGINNING of this description;thence(1)North,0 degrees 35 minutes 20 Seconds West,along said East line of Brawley Avenue,a distance of 119.60 feet;thence(2)South 89 degrees 50 minutes 33 seconds East,23.29 feet; thence(3)Easterly along a curve to the right,said curve having a radius of 397.25 feet,through an angle of 8 degrees 10 minutes 16 seconds(Chord bears South 85 degrees 45 minutes 25 seconds East,56.605 feet)an arc distance of 56.653 feet;thence(4)South 81 degrees 40 minutes 17 seconds East,25.95 feet;thence(S)Easterly along a curve to the right,said curve having a radius of 397.25 feet;through an angle of 18 degrees 03 minutes 01 seconds(Chord bears South 72 degrees 38 minutes 46 seconds East,124.631 feet)an arc distance of 125.148 feet;thence(6)South 63 degrees 37 minutes 16 seconds East 50.0 feet,thence(7)Easterly along a curve to the left,said curve having a radius of 367.25 feet,through an angle of 26 degrees 13 minutes 17 seconds(Chord bears South 76 Degrees 43 minutes 54 seconds East,166.609 feet)an arc distance of 168.072 feet;thence(8)South 89 degrees 50 minutes 33 seconds East,495.175 feet;thence(9)Northeasterly along a curve to the left,said curve having a radius of 367.25 feet,through an angle of 80 degrees 14 minutes 06 seconds(Chord bears North 50 degrees 02 minutes 24 seconds East 473.280 feet)an arc distance of 514.284 feet;thence South 0 degrees 26 minutes 55 seconds East a distance of 319.979 feet,more or less,to a point;thence North 89 degrees 50 minutes 33 seconds West a distance of 1290.80 feet,more or less,to the TRUE POINT OF BEGINNING. Parcel "B" That portion of the Southwest Quarter of Section 13, Township 13 South, Range 19 East,Mount Diablo Base and Meridian,according to the United States Government Township Plat approved by the Surveyor General on November 30, 1854,described as follows: Commencing at the Southwest corner of Section 13;thence North 0 degrees 35 minutes 20 seconds West,along the Westerly line of said Section 13,a distance of 661.86 feet;thence South 89 degrees 50 minutes 33 seconds East,a distance of 30 feet,to the East line of Brawley Avenue and the TRUE POINT OF BEGINNING of this description;thence(1)North,0 degrees 35 minutes 20 Seconds West,along said East line of Brawley Avenue,a distance of 119.60 feet;thence(2)South 89 degrees 50 minutes 33 seconds East,23.29 feet; thence(3)Easterly along a curve to the right,said curve having a radius of 397.25 feet,through an angle of 8 degrees 10 minutes 16 seconds(Chord bears South 85 degrees 45 minutes 25 seconds East,56.605 feet)an arc distance of 56.653 feet;thence(4)South 81 degrees 40 minutes 17 seconds East,25.95 feet;thence(5)Easterly along a curve to the right,said curve having a radius of 397.25 feet;through an angle of 18 degrees 03 minutes 01 seconds(Chord bears South 72 degrees 38 minutes 46 seconds East,124.631 feet)an arc distance of 125.148 feet;thence(6)South 63 degrees 37 minutes 16 seconds East 50.0 feet;thence(7)Easterly along a curve to the left,said curve having a radius of 367.25 feet,through an angle of 26 degrees 13 minutes 17 seconds(Chord bears South 76 Degrees 43 minutes 54 seconds East,166.609 feet)an arc distance of 168.072 feet;thence(8)South 89 degrees 50 minutes 33 seconds East,495.175 feet;thence(9)Northeasterly along a curve to the left,said curve having a radius of 367.25 feet;through an angle of 80 degrees 14 minutes 06 seconds(Chord bears North 50 degrees 02 minutes 24 seconds East 473.280 feet)an arc distance of 514.284 feet,thence South 0 degrees 26 minutes 55 seconds East a distance of 319.979 feet,more or less,to a point;thence North 89 degrees 50 minutes 33 seconds West a distance of 1290.80 feet,more or less,to the TRUE POINT OF BEGINNING.