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HomeMy WebLinkAboutPM 2016-01 - Agreement/Covenant - Reciprocal Easement Agreement - 3/23/2017 RECORDING BY:REQUESTED IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII First American Title Company FRESNO County Recorder Paul Dictos, C.P.A. MAIL.TAX STATEMENT DOC— 2017-0036525 AND WHEN RECORDED MAIL DOCUMENT TO: Acct 7026-First American Title - Fresno PIMA Investments California LLC i Thursday, MAR 23, 2017 08:00:00 855 W. Broad Strcct.Suite 300►a s Companies ►..I,c Tt l Pd $82.00 Rcpt # 0004735420 �5 Boise, ID 83702 RGR/R4/1-22 Attn: Legal Department (The Above Space for Record mg,Use Only) - — - RECIPROCAL EASEMENT AGREEMENT THIS RECIPROCAL EASEMENT AGRF..F.,MENT ("Agreement") is made and entered into this /S day of/104-UST 7-011p , by Virginia Jean Chaffee, Richard A. Jekel, Warren Maruko, Ellis Family Partnership lll, a California General Partnership, BNR Properties, a California General Partnership, Wayne Robert Adams and Carla Betty Adams, Trustees ol'the Adams Family Trust Dated 11/13/97, and Michael G. Hurst and Denise S. Hurst, Trustees.of the Michael G. Hurst and Denise S. Hurst Declaration of Trust Established June 27, 201 I (collectively "Declarant"). RECITALS A. Declarant is the owner of that certain real property situated in the City of Fresno, County of Fresno, State of California, more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference, which real property is made up of two parcels, legally depicted on as Parcel A and Parcel B on Exhibit "A" and comprising all of the real property which is the subject of 1.entative Parcel Map No. 2016-01 Approved by the City of Fresno California on April 11, 201.6 and referred to herein individually as "Parcel A" and "Parcel B." and collectively as the "Parcels". B. Declarant intends to sell Parcel B to a third party for development as a retail/commercial site and to simultaneously or thereafter develop or allow or cause the development of Parcel A as a retail/commercial site. C. Declarant desires to impose certain reciprocal casements upon the Parcels, and to establish certain conditions with respect to said Parcels, for the mutual and reciprocal benefit and complement of Parcel A and Parcel B and the present and future owners and occupants thereof, on the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the above premises and of the covenants herein contained. Declarant does hereby declare that the Parcels and all present and future owners and occupants of the Parcels shall be and hereby are subject to the terms, covenants. casements, restrictions and conditions hereinafter set forth in this Agreement, so that said Parcels shall be maintained, kept, sold and used in full compliance with and subject to this Agreement and, in connection therewith, Declarant covenants and agrees as follows: 1 AGR]=EMENTS 1. Definitions. For purposes hereof: (a) The term "Oxvner" or "Owners" shall mean Declarant and any and all successors or assigns of such persons as the owner or owners of fee simple title to all or any portion of the real property covered hereby, whether by sale; assignment; inheritance; operation of lav, trustee's sale; foreclosure; or otherwise; but not including the holder of any lien or encumbrance on such real property. (b) The term "Parcel" or "Parcels" shall mean each separately identified parcel of real property now constituting a part of the real property subjected to this Agreement as legally described on Exhibit "A" and identified on the Site Plan (defined herein below), that is, Parcel A and Parcel B. and any future subdivisions thereof. (c) The.term "Permittees" shall mean the tenant(s) or occupant(s) of a Parcel, and the respective employees, agents, contractors, customers; invitees and licensees of(i) the Owner of such Parcel, and/or (ii) such tenant(s) or occupant(s). (d) The term "Common Area" shall mean those portions of Parcel. A and Parcel B that are outside of exterior walls of buildings or other structures from time. to time located on the Parcels, and which are either unimproved, or are improved as (without limitation) parking areas, landscaped areas, driveways, roadways, walkways. light standards, curbing, paving, entrances, exits and other similar exterior site improvements. (e) The term "Site Plan" shall mean that site plan of the Parcels attached hereto as Exhibit "B" and by reference made a part hereof. Except as may be otherwise provided in this Agreement, the Site Plan is for identification purposes only. (f) The term "Driveways" shall mean those driveways and related driveway improvements, paving, curbing, entrances and exits, in the location on the Parcels. 2. Easements. 2.1 Grant of Easements. Subject to any express conditions, limitations or reservations contained herein, Declarant'hereby declares that the Parcels, and all Owners .and Permittees of the Parcels, as applicable, shall be benefited and burdened by the " following nonexclusive, perpetual easements which are hereby imposed upon the Parcels and all present and future Owners and Permittees of the Parcels: (a) A reciprocal easement for reasonable access, ingress and egress over all paved driveways, roadways and walkways as presently or hereafter constructed and constituting a part of the Common Area of Parcels B and the Common Area 2 of Parcel. A including, without limitation; the Driveways, so as to provide for the passage of motor vehicles and pedestrians between all portions of the Common Area of such Parcels intended for such purposes, and to and .from all abutting streets or rights of way furnishing access to such Parcels; (b) To the extent that applicable authority requires the same, an easement upon, under; over, above and across the Common Areas of the Parcels for utility services and drainage of storm water runoff and to install; maintain; repair and replace such storm distribution lines; conduits, pipes and/or other apparatus under, and across those portions of the Common Areas designed for the placement of said facilities, or as they may exist from time to time. The easement granted herein shall include the right of reasonable ingress and egress with respect to the as may be required to maintain and operate the same. The utility or drainage facilities required for the development of a Parcel shall initially be constructed by the ONvner, or at the direction of the Owner, of such Parcel as a part of the initial development and construction of the improvements on such Parcel. Once constructed each Owner shall operate and maintain, or cause to be operated and maintained; in good order, condition and repair, the such utility and drainage facilities located upon its Parcel and make any and all repairs and replacements that may from time to time be required with respect thereto. 2.2 Indemnification. Each Owner having rights with respect to an easement granted hereunder shall indemnify and hold the Owner whose Parcel is subject to the easement harmless from and against all claims, liabilities and expenses (including reasonable attorneys' fees) relating. to accidents; injuries; loss, or damage of or to any person or property arising from the negligent; intentional or willful acts or omissions of such Owner, its contractors, employees, agents, or others acting on behalf of such Owner. 2.3 . Reasonable Use of Easements. (a) The easements herein above granted shall be used and enjoyed by each Owner and its Permittees in such a manner so as not to unreasonably interfere with, obstruct or delay the conduct and operations of the business of any other Owner or its Permittees at any time conducted on its Parcel, including, without limitation, public access to and from said business, and the receipt or delivery of merchandise in connection therewith. All systems, structures, mains, conduits, and lines installed pursuant to the easement granted herein shall be so installed and maintained below the ground level or surface of a Parcel (except for such drainage easements that are designed to be surface drained). (b) Once the utilities and stonn water drainage facilities are installed pursuant to the easement granted in paragraph 2.1(b) hereof, no permanent building; structures, trees or other improvements inconsistent with the use and enjoyment of such easements (excluding improvements typically found in common areas of similar developments) shall be placed over or permitted to encroach upon such utility installations. 3 r Notwithstanding anything herein to the contrary, once constructed, the utilities and storm water drainage Facilities, and any other improvements subject to the easement herein granted, may be modified, altered, relocated or otherwise changed provided that the same does not unreasonably interfere, obstruct or delay the use of the Common Area or the conduct of normal operations upon a Parcel and the businesses conducted thereon, or unreasonably interfere with or dimini.sh the water detention and drainage services to the Parcels served by same. (c) Once commenced, any construction undertaken in reliance upon an easement granted herein shall be diligently prosecuted to completion; so as to minimize any interference with the business of any other Owner and its Permittees. Except in cases of emergency, the right of any Owner to enter upon a Parcel of another Owner for the exercise of any right pursuant to the easements set forth; or to prosecute work on such Owner's own Parcel if the same interferes with utility or drainage easements or easements of ingress, egress or access to or in favor of another Owner's Parcel, shall be undertaken only in such a manner so as to minimize any interference with the business of the other Owner and its Permittees. In such case, no affirmative monetary obligation shall be unposed upon the other Owner; and the Owner undertaking such work shall with due diligence repair at its sole cost and expense any and all damage caused by such work and restore the affected portion of the Parcel upon which such. work is performed to a condition which. is equal to or better than the condition. which existed prior to the commencement of such work. In addition, the Owner undertaking such work shall pay all costs and expenses associated therewith and shall indemnify and hold harmless the other Owner(s) and its Permittees from all damages; losses; liens or claims attributable to the performance of such. work.. 3. Drive-"I hroughs. No facility on a Parcel for vehicular drive-up or drive-through in which the stopping or standing of motor vehicles in line at a location for dropoff and/or pickup is intended (as, for example, at a restaurant,, car wash or bank) shall be constructed, used or operated in any manner such that motor vehicles in line at such facility stop or stand onto another Parcel, or otherwise interfere with the normal pattern and Mow of pedestrian or vehicular traffic on and across another Parcel,'or between Parcels, or from any Parcel to and from adjacent public roadways. In addition, the stopping or standing of motor vehicles at a location for drop off and/or pick up of passengers (e.g. valet parking) or for the making of deliveries, shall not be operated in any manner such that motor vehicles shall stop or stand on another Parcel. 4. Remedies and Enforcement. In the event of a breach or threatened breach by any Owner or its Permittees of any of the terms, covenants, restrictions or conditions hereof the other Owners shall be entitled forthwith to full and adequate relief by injunction and/or all such other available legal and equitable remedies from the consequences of such breach, including payment of any amounts due and/or specific performance. 5. Miscellaneous. 4 5.1 Attorneys' Fees. In the event a party institutes any legal action or proceeding for the enforcement of any right or obligation herein contained, including appeals; the prevailing party after a final adjudication (including appeals) shall be entitled to recover its costs and reasonable attorneys' fees incurred in the preparation and prosecution of such action or proceeding. 5.2 Amendment. The provisions of this Agreement may be modified or amended, in whole or in part; or terminated only by the written consent of all record Owners of.Parcel A and Parcel B, evidenced by a document that has been fully executed and acknowledged by all such parties and recorded in the official records of the County Recorder of Fresno County, California. 5.3 Consents. Wherever in this Agreement the consent or.approval of an Owner is required; unless otherwise expressly provided herein, such consent or approval shall not be unreasonably withheld or delayed. Any request for consent or approval shall: (a) be in writing; (b) specify the section hereof which requires that such notice be given or that such consent or approval be obtained; and (c) be accompanied by such background data as is reasonably necessary to make an informed decision thereon. The consent of an Omer under this Agreement, to be effective, must be given, denied or conditioned expressly and in writing. 5.4 Covenants to Run with I_,and. It is intended that each of the easements, covenants, conditions; restrictions, rights and obligations set forth herein shall run with the land and create equitable servitudes in favor of the real property benefited thereby, shall bind every Owner and/or every other person or entity now or hereafter having any fee, leasehold or other interest therein and shall inure to the benefit of the respective parties and their successors, assigns, heirs, and personal representatives. 5.5 Grantee's Acceptance. The grantee of any Parcel or any portion thereof, by acceptance of a deed conveying title thereto or ,the. execution of a contract for the purchase thereof, whether from an original Owner or from a subsequent owner of such Parcel, shall accept such deed or contract upon and subject to each and all of the easements, covenants, conditions, restrictions and obligations contained herein. By such acceptance, any such grantee shall for himself and his successors, assigns, heirs, and personal representatives, covenant, consent, and agree to and with the other Owner(s), to keep; observe, comply with, and perform the obligations and agreements set forth herein with respect to the property so acquired by such grantee.. 5.6 Severability. Each provision of this Agreement and the application thereof to Parcel A and Parcel B is hereby declared to be independent of and severable from the remainder of this Agreement. If any provision contained herein shall be held to be invalid or to be unenforceable or not to run with the land, such holding shall not affect the validity or enforceability of the remainder of this Agreement. In the event the validity or enforceability of any provision of this Agreement is held to be dependent upon the existence of a specific legal description, the parties agree to promptly cause such legal 5 description. to be prepared. O'vnership of both.Parcels by the same person or entity shall not terminate this Agreement nor in any manner affect or impair the validity or enforceability of this Agreement. 5.7 ?notices. Notices or other communication hereunder shall be in writing and shall be sent certified or registered mail; return receipt requested, or by other national overnight courier company, or personal delivery. Notice shall be deemed given upon receipt or refusal to accept delivery. Each Owner may change from time to time its respective address for notice hereunder by like notice to the other Owner(s). The notice address of the current Owner of Parcel A and Parcel B is as follows: Owner Parcel A/B: Virginia Jean Chaffee, et a] c/o Mid Valley Services. Inc. 7644 N. Palm Fresno, CA 93 71 1 5.8 Governing, Law. The laws of the State of California in which the Parcels are located shall govern the interpretation; validity, perfonnance; and enforcement of this Agreement. 5.9 Estoppel Certificates. Each Owner, within thirty (30) business days of its receipt of a written request from the other Owner(s), shall from time to time provide the requesting Owner, a certificate binding upon such Owner stating: (a) to the best of such Owner's knowledge, whether any Owner is in default or violation of this Agreement and if so identifying such default or violation-, and (b) that this Agreement is in full force and effect and. identifying any amendments .to the Agreement as of the date of such certificate. [Remainder orpage intentionally left blank] 6 IN WITNESS WHEREOF, Declarant has executed this Agreement as of the date first written above. Z RANT WAYNE ROBERT ADAMS AND CARLA Virdnia JeoVChaffee U V BETTY ADAMS, TRUSTEES OF THE ADAMS FAMILY TRUST DATED 11/13/97 Richard A. Jekel �VGyV�/1/✓ Wayne Robert Adams, Trustee Warren Maruko ELLIS FAMILY PARTNERSHIP III, Carla Betty Adams, Trustee a California general partnership MICHAEL G HURST AND DENISE S. By: HURST, TRUSTEES OF THE MICHAEL Robert l lli.s, Managing Partner G. HURST AND DENISE S. HURST DECLARATION OF TRUST BNR PROPERTIES, ESTABLISHED JUNE 27, 2011 a California general partnership By: Michael G. Hurst, Trustee Robert Ellis, Managing Partner Denise S. Hurst, Trustee 7 i i INT WNN LESS 'All-II-MEOF, Declarant has executed this Agreement as of the dale first written above. DL,CL�RAN"1' QA WAYNE ROBERT ADAMS AND CAP-LA. Vir '.4iin Jerilo Chaffee IJ BETTY ADAMS,TRUSTEES OF THE � J ADAMS F'AMIL'Y TRUST DATED 11/13/9 Richard A. Jelcel N-Vapie Robert Adams,Trastec Warren N iruko ELLIS FAMILY PARTNERSHIP III, Carla Betty Adam,Trustee a Califor 'a-ge partners ' MICHAEL G 1-IURST AND DENISE S. By. IZURST,TRUSTEES OFTHE MICHAEL o ert Ellis,IViaiiaging I'aituer G. HURST AND DENISE S. HURST DECLARATION OF TRUST BNR PROPERTIES, -ESTABLISHED JUNE 27,2011. a Cal i(o ' feral partnership Allichacl G. Hurst,Trustec Robert I?llis,Mmiaging Parincr Demise S. Hurst,Trustee I I I IN WITNESS WHEREOF, Declarant has executed this Agreement as of the date first written above. DECLARANT WAYNE ROBERT ADAMS AND CARLA Virginia Jean Chaffee BETTY ADAMS,TRUSTEES OF THE ADAMS FAMILY TRUST DATED 11/13/97 Richard A.Jekel Wilyne Robert Adams,Trustee Warren Maruko 2106 ELLIS FAMILY PARTNERSHIP III, Carla Betty Ada s,Trustee a California general partnership MICHAEL G HURST AND DENISE S. By: HURST,TRUSTEES OF THE MICHAEL Robert Ellis,Managing Partner G.HURST AND DENISE S.HURST DECLARATION OF TRUST BNR PROPERTIES, ESTABLISHED JUNE 27,2011 a California general partnership By: Michael G.Hurst,Trustee Robert Ellis,Managing Partner Denise S.Hurst,Trustee CP IN WITNESS WHEREOF, Declarant has executed this Agreement as of the date first written above. DECLARANT WAYNE ROBERT ADAMS AND CARLA Virginia Jean Chaffee BETTY ADAMS, TRUSTEES OF THE ADAMS FAMILY TRUST DATED 11/13/97 Richard A.Jekel Wayne Robert Adams,Trustee Warren Maruko ELLIS FAMILY PARTNERSHIP 111, Carla Betty Adams, Trustee a California general partnership MICHAEL G HURST AND DENISE S. By: HURST, TRUSTEES OF THE MICHAEL Robert Ellis, Managing Partner G. HURST AND DENISE S. HURST DECLARATION OF TRUST BNR PROPERTIES, ESTABLISHED ,]UNE 27, 2011 a California general partnership 1&"'16/ By: Michael G. Hurst,Trustee Robert Ellis, Managing Partner Denise S. Hurst, Trustee IN WITNESS WHEREOF, Declarant has executed this Agreement as of the date first written above. DECLARANT WAYNE ROBERT ADAMS AND CARLA Virginia Jean Chaffee BETTY ADAMS,TRUSTEES OF THE ADAMS FAMILY TRUST DATED 11/13/97 Richard A.Jekel Wayne Robert Adams,Trustee Warren Maruko ELLIS FAMILY PARTNERSHIP III, Carla Betty Adams,Trustee a California general partnership MICHAEL G HURST AND DENISE S. By: HURST,TRUSTEES OF THE MICHAEL Robert Ellis, Managing Partner G. HURST AND DENISE S. HURST DECLARATION OF TRUST BNR PROPERTIES, ESTABLISHED JUNE 27,2011 a California general partnership By: Michael G. Hurst,Trustee Robert Ellis,Managing Partner Denise S. Hurst,Trustee A notary public or other officer completing this certificate veri.f es only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA } C01j�TTY OF fives n o } On j Ut4'j lP 20 f U before me, vie.q ay i. /l- . H61 bi-o k , xlot4ry Pv6k, personally appeared VIRGINIA JEAN CHAFFEE, who prove8 tome on the basis of I satisfactory evidence to be the person(s) whose name(s)oare subscribed to the within instrument and acknowledged to me that h she/they executed the same in hisaer,/their authorized capacity(ies), and that by hi e /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. MEGAN A HO�BROOK COMM. #2135991 = a- (Seal) z Notary Public -California M Fresno County Sigr ture Comm.Expires Dec.8,2019 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA. COU! -TY OF Eke Q } 1, ` ,, On u.e , 20 1(p_before me, W eq&P 1 A - HO l b O personally appeared WARRIEN MARUKO, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i� re subscribed to the within instrument and acknowledged to me tha ie she/they executed th.e same i hj.s 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. :Ex LBR00K 35991 z (x _ (Seal) VZ California ounty Signat re . Dec.8,21119 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CA IFORNIA } COUNTY.O ]�S On'-ZunQ- Ilp , 20 llo before me� Le✓l ersonally appeared RICHARD A. JEKEL, who proved to me on ffie basis of satisfactory evidence to be the person whose named is*e subscribed to the within instrument and acknowledged to me that he/" executed the same in hisgk&Uir authorized capacity((), and that by his/ "ignatur� on the instrument the persoror the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ,� KA EN Y.2 R ON 30 NOTARY PUBLIC-CALIFORNIA GG�� =' SAN Lau Oman C=Ty MY Corr.Ev.JAN.8,2020 Signature 14 A notary public or other officer conipleliug flus certificate verifies only the identity of the individual who signed the doetwicail (o which this certificate is attached, and not the trulhfitlness, accuracy, or validity of that doclilllelit. STATE OF CALIFIA } COUNTY OF, Ou u �J ,20 l� before nlc'�kVW� 0L✓ U � / �ietSon�yl� apI eare ROBERT ELLIS,wlio proved to tae oil the basis satisfactory evidence to be the persoil(sr}whose ilalllf:(&�1s/FFl&6libscribcd to the within iilslrilnielit atld acknowl0ged to trte that helsl+A44�a}executed the sante iii hishtei Fteri authorized capaci.(y(res ,and that by his/heti: signature(-M)on tic ilish'umcilt (lie person*,or the entity tlporl behalf of which the persoil(4 acted, executed (lie instrument. 1 certify wider PENALTY Or PERJURY under ille laws of the State of California that tile- foregoing paragraph is true laid correct. NESS my Italic) and official seat. JANEEN MARY STEWART Commission #t 2036832 i '� Notary Public -California i z Fresno County ggkiattir, M Comm.Expires Sep 11,2017 i A notary public or other officer completing this certificate verifies only the identity of the individual Who signed the docunien.t to which this certificate is attached, and not the trutlifilhless, accuracy, or validity of'(flat document. STATE Ol� CALIFORNIA } COUNTY OF rYe�nb } � On ((� f_J45_, 20 �� before lne,� efyl f t Y2(t)C���'�� , Persotlally appeareff ROBERT ELLIS, Who proved to roe oil the basis of Wisfactory evidence to be the person(ag�whose names} is/**-subscribed to (lie Within instrument and acknowledged to me that hel hQ44l6:excculed the same in his4l4wA4eir atllhorired capacityEi@,,�, and that by his/44 signattlrc(s}Oil the iilstrilllletlt (Ile persoii(e4,or the entity upon behalf of Which the persoiiw, 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, \�T TNTTI SS my hated and official seal. JANEEN MARY STEWART �- Commission#t 2036832 Z_(7s;eal) a -� Notary Public -.California i _ Fresno County y My Comm.Ex ires Sep 11,2017 i a� A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA } COUNTY OF Srn Luis df7oZ_} /� NvH4w On 20�before me, J e-ss r ca Cees c•. p1lb II'C , personally appeared WAYNE ROBERT ADAMS, who proved to me on the basis of satisfactory evidence to be the person()whose name(A) is/Ite subscribed to the within instrument and acknowledged to me that he/st*/they r executed the same in his/b&/tHor authorized capacity(ft), and that by his/*r/t)Mir signature(j)on the instrument the person(A), or the entity upon behalf of which the person(V) 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. JESSICA CRESCI (Seal) Commission#2073494 a m Notary Public-California i Signa Z . San Luis obispo County M Comm. Mires Jul 3,2018 f 1 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA } COUNTY OF S4✓1 Lvis 0 h i i) } On IVO-k 1S , 20_1_L_before me, J�S*a ( (yy;. A) !( j Pub It t ,personally appeared CARLA BETTY ADAMS, who proved to me on the basis of satisfactory evidence to be the person(whose name(A) is/qq subscribed to the within instrument and acknowledged to me that h%/she/tW executed the same in 1IJ/her/tMir authorized capacity(in),and that by h1s/her/tkNr signature() on the instrument the person(,or the entity upon behalf of which the person(4) 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. JESSICA CA,scl Commission#2073494 (Seal) Ha Notary Public-California a SignaCe San Luis Obispo county M Comm. Ex fires Jul 3,2018 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CA FORNIA } COUNTY OF 200 before me, `(�c��P�ad_ec�personally appeared MICHAEL G. HURST, 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. =n1ycial seal.„ MELYNOA ANN REEVES Commission#2135434 Notary Public-California (Seal) t° Raw C Signature my Cam. a 29 2011 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA } COUNTY OF `(1p } On- \�s , 20 \ before me �� t��� , personally appeared DENISE S. HURST, who proved to me A 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 foregoin ragraph is true and correct. W ESS my hai nd official seal. MELYNDA ANN REEVES Commission#r 2135434 Notary Public-California (Seal) From County Signature *#AV CM0.jWn Doc 29,2019 EXHIBIT"A" Legal Description of Parcel A: PARCEL A AS SHOWN ON PARCEL MAP NO. 2016-01 FILED FOR RECORD ON _-)3 , 2017 IN BOOK rj3 PAGE(S) r) OU, OF PLATS, FRESNO COUNTY RECORDS. EXCEPTING THEREFROM ALL O.IL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES HERETOFORE RESERVED OF RECORD. Legal Description of Parcel B: PARCEL B AS SHOWN ON PARCEL-MAP NO. 2016-01 FILED FOR RECORD ON (�C� ? , 2017 IN BOOK, PAGE(S) -1.00 OF PLATS, FRESNO COUNTY RECORDS. EXCEPTING THEREFROM ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES HERETOFORE RESERVED OF RECORD. - �IBIT B -r : .. 1. .. ,. .::.. .. 1 ' �. VM Y O Q' ���.N '.., '. : .. N ,...t ... ....,,... 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