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HomeMy WebLinkAboutPM 1995-24 - Agreement/Covenant - 8/15/2006 (2) CENTRAL TITLE COMPANY 901023466 R RECORDED IN OF CORDS OF Ck terttex To: AT MIN PAST M CITY OF FRESNO FEB 1 9 1997 DEVELOPMENT DEPARTbUNT 2600 Fano Street FRESNO CA 93721-36M FRESNO COUNTY,CALIFORNIA r L=, C U i�i C h i, WILLIAM C.GREENWOOD,County Recorder FEE r ABOVE SPACE FOR RECORDER`S USE ATN: 404-040-55 CITY of FRESNO Project ID: Parcel Map No. 95-24 Development Department Building & Safety Services Division STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT DEFERRING CERTAIN SEWER CONNECTION CHARGES, WATER CONNECTION CHARGES, URBAN GROWTH MANAGEMENT FEES AND DEVELOPMENT FEES TO THE TIME OF ISSUANCE OF CERTIFICATE OF OCCUPANCY AND CREATION OF LIEN RECITALS A. WHEREAS, DEMCO, a California Corporation, hereinafter referred to as the "Covenantor," is the owner of that certain real property in the City of Fresno, County of Fresno, State of California, hereafter referred to as the "Subject Property" and more particularly described in Exhibit "A," which is incorporated herein by this reference; and B. WHEREAS, 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 all such instruments of Subordination, if any, are attached hereto and made a part of this instrument; and C. WHEREAS, the conditions of approval of Tentative Parcel Map No. 95-24 (hereafter, "Project"), require the payment of applicable sewer connection charges, water connection charges, Urban Growth Management fees and/or the Millbrook Overlay Sewer fee (hereafter, Statement of Covenants Deferring Fees and Creation of Lien Page 2 "Fees") in accordance with the provisions of Chapters 9, 11, 12 and 14 of the Fresno Municipal Code, Resolution No. 95-117 and Resolution No. 95-118 (hereafter, "Ordinances and Resolutions"); and D. WEEREAS, said Ordinances and Resolutions provide the Covenantor the option to defer certain Fee obligations, more particularly identified in the attached Exhibit "B," to the time of issuance of a Certificate of Occupancy pursuant to the requirements of Section 12-4.604 of the Fresno Municipal Code; and E. WHEREAS, the Covenantor, as a condition of issuance of building permit(s) for the Project pursuant to the provisions of the latest edition of the Uniform Building Code as adopted by the State of California and as amended by the City of Fresno, including any subsequent extension and expiration of such permit and the re-issuance of a new building permit for any expired permit on any lot or parcel of the Subject Property, desires to defer the payment of the Fee obligations identified in Exhibit "B" pursuant to the requirements of said Section 12-4.604 until such time that the Covenantor or successors and assigns requests the issuance of a Certificate of Occupancy. NOW, THEREFORE, the Covenantor hereby covenants as follows: COVENANTS CONDITIONS AND RESTRICTIONS 1. For the express purpose of administering the fee deferral process, the Fee obligations for the Project may be prorated by the City to each lot, parcel, unit or building on the Subject Statement of Covenants Deferring Fees and Creation of Lien Page 3 Property in the manner established by the Development Director. The intent of this provision is to prorate the Fee obligations of common use areas, outlots, public street easements and similar miscellaneous areas of the Project in a reasonable manner to each lot, parcel, unit or building of the Project to facilitate reasonable administration of the fee deferral process. 2. At the sole discretion of the Development Director, when the proration of a Fee obligation is not feasible to be administered on a lot, parcel, unit or building basis, the Covenantor may be required to pay the total Fee obligation for such fee for the Project with the first request for issuance of a certificate of occupancy for the Project. 3. The Covenantor may elect to pay any of the deferred Fees prorated to each lot, parcel, unit or building as identified on the attached Exhibit "C," at any time after the recordation of this instrument. The Fee obligations stated in said Exhibit "C" shall be maintained by the Development Director and shall be adjusted to reflect the Fee rates in effect at the time payment is made, and may be adjusted to account for any subsequently approved reconfiguration to the size or number of lots, parcels, units or buildings. When Covenantor elects to pay one or more of the deferred Fees in advance of the request for issuance of a Certificate of Occupancy, the full amount of such Fee must be paid. The remaining unpaid deferred Fees for that lot, parcel, unit or building shall be paid in full at the time the Covenantor or successors and assigns requests the issuance of a Certificate of Occupancy. 4. The actual Fee obligations shall be recalculated by the City at the time of payment at the fee rates in effect at the time of such payment. For the purpose of fee recalculations, the Statement of Covenants Deferring Fees and Creation of Lien Page 4 fee credits applied in Exhibit "B" to establish Fee obligations shall not be adjusted during the effective term of this Statement. Any additional credits established after the recordation of this instrument shall be reimbursed in the manner established by the section of the Fresno Municipal Code relating to that specific Fee. 5. Additional new fee obligations not listed on Exhibit "B," but in effect at the time the Covenantor or successors and assigns requests the issuance of a Certificate of Occupancy, will be applicable to this Project if such new fee(s) is/are duly established by the City Council in accordance with Government Code Section 66498.1. 6. At the sole discretion of the Development Director, a request for "temporary utility connection" or a "temporary or safe to occupy" may be made subject to the provision of an additional cash security deposit representing a portion or all of the deferred Fee amounts. 7. Notwithstanding any of the above payment times, the maximum period for deferment of Fees for a lot, parcel, unit or building shall be limited to a period of one (1) year after final inspection of a building. This time period approximates with the Uniform Building Code and Fresno Municipal Code period which provides for an active permit life of 180 days, after last inspection, with provisions for one (1) extension of said permit, not to exceed a period of 180 days. 8. Covenantor hereby waives any claim that the provisions of this covenant violate Government Code Section 65961. 9. Each of the covenants, conditions, and restrictions contained in this Statement shall run Statement of Covenants Deferring Fees and Creation of Lien Page 5 with the Subject Property and shall be binding upon each successive owner of the Subject Property, heirs, representatives, successors and assignees. The Covenantor hereby creates a lien upon the Subject Property to guarantee the performance of the obligations of the Covenantor contained in this Statement. 10. The conditions of this Statement are intended to benefit the public and public properties. Accordingly, the City of Fresno shall have the right to enforce this Statement by any legal or equitable means. All obligations of the Covenantor in this Statement shall inure solely to the benefit of the City of Fresno. There are no third party beneficiaries of said obligations nor shall the right of the City of Fresno be transferable in any manner to any person other than to a successor municipal corporation whose geographic boundaries include the Subject Property. 11. In the event that litigation is instituted to enforce the processing of this covenant, the parties agree that the prevailing party shall be paid reasonable attorney's fees. 12. The conditions and obligations of this Statement, for each lot or parcel of the Subject Property, shall be of no further force and effect upon satisfaction of the Fee obligations for such lot or parcel. 13. The conditions and obligations of this Statement shall remain in full force and effect until such time as the Fee obligations for all lots, parcels, units or buildings of the Project on the Subject Property are fully satisfied. 14. The provisions of this Statement shall be deemed independent and severable and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall Statement of Covenants Deferring Fees and Creation of Lien Page 6 not affect the validity or enforceability of any one provisions hereof. Whenever the context of the Statement so requires, in interpreting this Statement, any gender includes the other genders, the singular includes the plural, and the plural includes the singular. DATED: February 41 1997 CITY OFF SNO, COVENANTOR a Municipal oration DEMCO, a California Corp ation J By: A, By: 4vinVrSofKS' Director Corine E. Demetreos, Development Department Pre 'dent/ Secretary APPROVED AS TO FORM: HILDA CANTO MONTOY Ci Atto ey By: Deputy (Covenantor: Attach Notary Acknowledgements) Statement of Covenants Deferring Fees and Creation of Lien Page 7 CITY CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) On February 4 , 1997 before me, Elvia Sommerville personally appeared Alvin P. Solis, Dveic=3 t Irector 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(s), the person(s) on behalf of the CITY OF FRESNO of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. REBECCA E. KLISCH CITY CLERK d � By: DEPUTY .1 Statement of Covenants Deferring Fees and Creation of Lien Page 8 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on September 20, 1995, in the office of the Fresno County Recorder in Document No. 95119816 of which the Deed of Trust in by and between The Carl J. Limata Co., Inc., a California corporation as Trustor, American Title Insurance Company, a Florida corporation, as Trustee, and George Gemanis and Margaret Gemanis, Husband and Wife, as Joint Tenants, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants for Certain Sewer Connection Charges, Water Connection Charges, Urban Growth Management Fees and Development Fees and Creation of Lien for Parcel Map No. 95-24. DATED: / - )'Y . 14-6 By: �^ (Attach Notary Acknowledgement) Statement of Covenants Deferring Fees and Creation of Lien Page 9 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on September 20, 1995, in the office of the Fresno County Recorder in Document No. 95119817 of which the Deed of Trust in by and between The Carl J. Limata Co., Inc., a California corporation as Trustor, American Title Insurance Company, a Florida corporation, as Trustee, and Anastasia Leach, Trustee of the Anastasia Leach Living Trust, May 9, 1991, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants for Certain Sewer Connection Charges, Water Connection Charges, Urban Growth Management Fees and Development Fees and Creation of Lien for Parcel Map No. 95-24. DATED: �l h , 19 By: (Attach Notary Acknowledgement) Statement of Covenants Deferring Fees and Creation of Lien Page 10 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on September 20, 1995, in the office of the Fresno County Recorder in Document No. 95119818 of which the Deed of Trust in by and between The Carl J. Limata Co., Inc., a California corporation as Trustor, American Title Insurance Company, a Florida corporation, as Trustee, and Anchor Associates, a California General Partnership, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants for Certain Sewer Connection Charges, Water Connection Charges, Urban Growth Management Fees and Development Fees and Creation of Lien for Parcel Map No. 95-24. DATED: , 19 B . (Attach Notary Acknowledgement) Statement of Covenants Deferring Fees and Creation of Lien Page 11 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on September 20, 1995, in the office of the Fresno County Recorder in Document No. 95119819 of which the Deed of Trust in by and between The Carl J. Limata Co., Inc., a California corporation as Trustor, American Title Insurance Company, a Florida corporation, as Trustee, and Anchor Associates, a California General Partnership, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants for Certain Sewer Connection Charges, Water Connection Charges, Urban Growth Management Fees and Development Fees and Creation of Lien for Parcel Map No. 95-24. DATED: l � IY' By: (Attach Notary Acknowledgement) Statement of Covenants Deferring Fees and Creation of Lien Page 12 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on September 20, 1995, in the office of the Fresno County Recorder in Document No. 95119820 of which the Deed of Trust in by and between The Carl J. Limata Co., Inc., a California corporation as Trustor, American Title Insurance Company, a Florida corporation, as Trustee, and Scott Lauritzen Mathias, a California corporation, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants for Certain Sewer Connection Charges, Water Connection Charges, Urban Growth Management Fees and Development Fees and Creation of Lien for Parcel Map No. 95-24. al DATED: / 19/ By: res (Attach Notary Acknowledgement) Statement of Covenants Deferring Fees and Creation of Lien Page 13 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on September 20, 1995, in the office of the Fresno County Recorder in Document No. 95119821 of which the Deed of Trust in by and between The Carl J. Limata Co., Inc., a California corporation as Trustor, American Title Insurance Company, a Florida corporation, as Trustee, and Mathias & Co., Inc., a California corporation, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants for Certain Sewer Connection Charges, Water Connection Charges, Urban Growth Management Fees and Development Fees and Creation of Lien for Parcel Map No. 95-24. DATED: 19 By. t (Attach Notary Acknowledgement) Statement of Covenants Deferring Fees and Creation of Lien Page 14 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on September 20, 1995, in the office of the Fresno County Recorder in Document No. 95119822 of which the Deed of Trust in by and between The Carl J. Limata Co., Inc., a California corporation as Trustor, American Title Insurance Company, a Florida corporation, as Trustee, and Scott Lauritzen Mathias, a California corporation, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants for Certain Sewer Connection Charges, Water Connection Charges, Urban Growth Management Fees and Development Fees and Creation of Lien for Parcel Map No. 95-24. DATED: 19 �fD By: MAO (Attach Notary Acknowledgement) t Statement of Covenants Deferring Fees and Creation of Lien Page 15 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on September 20, 1995, in the office of the Fresno County Recorder in Document No. 95119823 of which the Deed of Trust in by and between The Carl J. Limata Co., Inc., a California corporation as Trustor, American Title Insurance Company, a Florida corporation, as Trustee, and Brett Fugman, a married man, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants for Certain Sewer Connection Charges, Water Connection Charges, Urban Growth Management Fees and Development Fees and Creation of Lien for Parcel Map No. 95-24. DATED: �" ' , 190 By: (Attach Notary Acknowledgement) Statement of Covenants Deferring Fees and Creation of Lien Page 16 EXHIBIT "A" LEGAL DESCRIPTION of SUBJECT PROPERTY Parcels A through G, inclusive of Parcel Map No. 95-24 as recorded in Fresno County Records, Book of Parcel Maps at Pages on �aR-19 1997 199_ t EXHIBIT "B" DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS Project Zoning: R-P/UGM I. WATER CONNECTION CHARGES A. Service Connections (flat rate cost basis only) -_ inch Services @ $ /Service = $ Due nea B/P B. Meters (flat rate cost basis only) inch Meters @ $ /Meter = $ Due B/P C. UGM Transmission Grid Main (TGM) Charge UGM Reimbursement Area: A 1.56 Net Acres @ $ 700 /NA = $ 1,092.00 Less TGM Credit = $ 0.00 Estimated Net Deferred UGM TGM Charge = $ 1,092.00 D. Frontage Fee 575.01 Lineal Feet @ $ 6.50 /LF = $ 3,737.57 Estimated Deferred Frontage Fee = $ 3,737.57 E. The following water connection charges are not deferrable or prorated under the terms of this covenant: 1. Service Connections for common, landscape and other miscellaneous areas, and Time & Materials cost basis 2. Meters for common, landscape and other miscellaneous areas, and Time & Materials cost basis 3. Fire Hydrant Charge 4. UGM Water Supply Fee 5. Wellhead Treatment Fee 6. Recharge Fee 7. Bond Debt Service Fee II. SEWER CONNECTION CHARGES & SEWER RELATED CHARGES* A. UGM Oversize Sewer Charge UGM Reimbursement Area: 4 1.56 Net Acres @ $ 310 /NA = $ 483.60 Less Oversize Credit = $ 0.00 Estimated Net Deferred UGM OS Charge = $ 483.60 B. Lateral Sewer Charge 575.01 Lineal Feet @ $ 10.00 /LF = $ 575.10 C. Housebranch Sewer Charge = $ N/A D. Millbrook Sewer Overlay* Net Adj Gross Ac @ $ /NAA = $ N/A Units @ $ /Unit = $ N/A E. The following sewer connection charges are not deferrable under the terms of this covenant: 1. Trunk Sewer Charge 2. Major Facilities Sewer Charge 3. Wastewater Facilities Sewer Charge in. URBAN GROWTH MANAGEMENT FEES A. UGM Fire Station Fee Service Area: 13 2.01 Gross Acres @ $ 654.00 /GA = $ 1,314.54 B. UGM Neighborhood Park Fee Service Area: 1 2.01 Gross Acres @ $ 551.00 /GA = $ 1,107.51 C. UGM Trunk Sewer Fee (Res 83-40) Service Area: Gross Acres @ $ /GA = $ N/A D. UGM Major Street Charge Service Area: E-1 1.56 Net Adj Acres @ $ 1,680.00 NAA = $ 2,620.80 E. UGM Major Street Bridge Charge Service Area: E-1 1.56 Net Adj Acres @ $ 175.00 NAA = $ 273.00 F. UGM Traffic Signal Charge 1.56 Net Adjusted Acres @ $ 860 NAA = $ 1,341.60 G. UGM Grade Separation Charge Service Area: E-4-A Net Adjusted Acres @ $ 345.00 /NAA = $ N/A H. UGM At-Grade Railroad Crossing Charge Service Area: Net Adjusted Acres @ $ /NAA = $ N/A I. The following charges are not deferrable under the terms of this covenant: 1. UGM Major Street rights of way acquisition and construction 2. UGM Local Street rights of way acquisition and construction 3. UGM Major Street Bridge rights of way acquisition and construction document: \%p51\deferral\pm95-24 September 30, 1996 `• EXHIBIT"C"-PRORATED FEE OBLIGATIONS P.M.95-24 Sewer,Water,UGM Fees DUE-DEFERRED BY COVENANT Lot Lot Water(A) Water Sewer(#4) Sewer F.S.-13 Park-1 Major(E-1) Major(E-1) Traffic No. Area I T.G.M. Frontage Oversize Lateral Fee Fee Street Bridge I Signal A 0.1972 $328.72 $699.86 $145.57 $1,076.70 $395.71 $333.39 $788.92 $82.18 $403.85 B 0.066 $110.02 $452.08 $48.72 $695.50 $132.44 $111.58 $264.04 $27.50 $135.16 C 0.0571 $95.18 $365.17 $42.15 $561.80 $114.58 $96.53 $228.43 $23.80 $116.94 D 0.1148 $191.36 $884.33 $84.75 $1,360.50 $230.36 $194.08 1 $459.27 $47.84 $235.10 E 0.0812 $135.35 $555.43 $59.94 $854.50 $162.94 $137.28 $324.85 $33.84 $16629 F 0.0599 $99.85 $144.30 $44.22 $222.00 $120.20 $101.27 $239.64 $24.96 $122.67 G 0.0789 $131.52 $636.42 $58.24 $979.10 $158.32 $133.39 $315.65 $32.88 $161.58 document\q\tracts\dpm95-04 STATE OF ARIZONA ) ss. County of Pima ) This instrument was acknowledged and executed before me this 12th day of November , 19 96 by Anastasia Leach, as Trustee of the Anastasia Leach Living Trust, Dated May 9, 1991 . My Commission Expires: //,, ,/1k�,\I Notary Public OFFICIAL SEAL SUSAN M.SCOTT Notary Public-State of AAmna PIMA COUNTY My Comrossim Eon Feb.14.1997 State of California ) s.s. County of Fresno ) On November 18, 1996, before me, J. N. Brown, personally appeared Gary Mathias, _X_ personally known to me or ___ proved to me on the basis of satisfactory evidence) to be the person (s) whose names(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 signatures(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. No a Public ,.. J. N. BROWN CONVA. #10_-9293 -� c7 m n,: NOTARY PUBLIC-CALIFORNIA F— a FRESNO CCUNTY F aN` My Comm.Expires SPL 23.1998 State Of California RIGHT THUMBPRINT(Optional) County Of Fresno I 0 1 On Nov. 21, 1996 before me, Divonna Swan (DATE) INAME/TITLE OF OFFICER-i.e.'JANE DOE,NOTARY PUBLIC') G � I personally appeared Joe Pickett. Jr. INAME(SI OF SIGNERISI) CAPACITY CLAIMED BY SIONER(S) ❑INDIVIDUAL(S) ❑CORPORATE personally known to me -OR- 0 proved to me on the y OFFICER(S) (TITLES) basis Of satisfactory 'tPARTNER(S) ❑LIMBED j evidence to be the flGENERAL person(s)whose name(s) ❑ATTORNEY IN FACT (s/are subscribed to the ❑TRUSTEE(S) within instrument and ❑GUARDIAN/CONSERVATOR acknowledged to me that ❑GTHER: he/she/they executed the same in his/her/their authorized capacity(ies), SIGNER IS REPRESENTING: and that by his/her/their (Name of Person(s)or Entity(iss) signature(s) on the instrument the person(s), or the entity upon behalf A. DIVONNA SWAN of which the person(s) COMM.Al SIN acted, executed the RIGHT THUMBPRINT(Optional) 'm NOTARY PUBUC-CALIFORNIA instrument. m PRINCIPAL OFFICE IN 37 (Q FRESNO COUNTY My Commission EV. June 13,1998 Witness my hand and official seal. B (SEAL) 4-.•c.� o rs� (SIGNATURE OF NOTARY) CAPACITY CLAIMED BY SIGNERIS) ❑INDIVIDUAL(S) ❑CORPORATE ATTENTION NOTARY OFFICER(S) The information requested below and in the column to the right is OPTIONAL. mnEs) Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any ❑PARTNER(S) ❑LIMBED unauthorized document. ❑GENERAL ❑ATTORNEY IN FACT THIS CERTIFICATE Tirda or Type of Document Subordination — Statement of ❑TRUSTEEIs) MUST BE ATTACHED Covenants Affecting Land Development. Parcel Map ❑GUARDIAN/CONSERVATOR TO THE DOCUMENT Number of Pages Date of Document No. 95-24 ❑OTHER: DESCRIBED AT RIGHT: Signer(s)Other Than Named Above SIGNER IS REPRESENTING: (Name of Persons)or Entity(ies) WOLCOTTS FORM 831240 Rev.31-94 Ladca Nae 8.2A1 1994 WOLCOTTS FORMS,INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION/TWO FINGERPRINTS I�IIIIII�(IIII I III II I I 7 67775 63240 8 ft• , State of California ) s.s. County of Fresno ) On November 21, 1996, before me, J. N. Brown, personally appeared Brett D. Fugman, _ personally known to me or _X_ proved to me on the basis of satisfactory evidence) to be the person (s) whose names(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 signatures(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. Nota�y ublic •°"`• J. N.BROWN COMM. #1038293 c7 NOTARY PUBLIC•CALIFORNIA r FRESNO COUNTY ," q„, My Comm.Expires Scpt.23,1998 r . State of California ) s.s. County of Fresno ) On November 22, 1996, before me, J. N. Brown, personally appeared George Gemanis and Margaret Gemanis, personally known to me or _X_ proved to me on the basis of satisfactory evidence) to be the person (s) whose names (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 signatures (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. J. N.BROV;'N COMM.#1038293 e. a NOTARY PUBLIC•CALIFORNIA r- FRESNO COUNTY ,F My Comm.Expires Sept 23.1998 Not Public State of California ) s.s. County of Fresno ) On November 25, 1996, before me, J. N. Brown, personally appeared Corine E. Demetreos and Stergeos Demetreos, III, _ personally known to me or _X_ proved to me on the basis of satisfactory evidence) to be the person (s) whose names(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 signatures(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. .w I N.BROWN COMM.#1038293 -+ NOTARY PUBLIC.CALIFORNIA ry Pub 1 i CFRESNO COUNTY MY Comm.Expires Sept 23,1998 State of California ) s.s. County of Fresno ) On November 26, 1996, before me, J. N. Brown, personally appeared William M. Scott, _X_ personally known to me or _ proved to me on the basis of satisfactory evidence) to be the person (s) whose names (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 signatures(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. J.N.BROWN COMM.#1038293 -� m NOTARY ~ • FRES 0�-CALIFORNIA e UNTY Notary1 i c MY Comm.Expires Sept 23,1998 State of California ) s.s. County of Fresno ) On Nov. 26,1996, before me, J. N. Brown, personally appeared Nita L. Mathias, _x_ personally known to me or _=_ proved to me on the basis of satisfactory evidence) to be the person (s) whose names (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 signatures (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. J. N.BROWN COMM.#1038293 -' Public i C C7 m NOTARY PUBLIC•CALIFORNIA e to rY I- • FRESNO COUNTY , My Comm.Expires Sept 23,1998