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HomeMy WebLinkAboutT-6217 - Agreement/Covenant - Temporary Storm Drainage Facilities - 12/12/2018 a� L Bill�U�.�Il�t�l ��h'��F'1��►��i+a�h1�����4+'IYK�f�4���3'�lii4 ����� RECORDING REQUESTED BY 2018-0147827 AND WHEN RECORDED MAIL TO: FRESW County Recorder Paul Dfctos, CPA City Clerk Wednesday, Dec 12, 2018 08:00:00 AM City of Fresno Titles: 1 Pages: 24 2600 Fresno Street Fees: 0.00 Fresno, Ca 93721-3603 CA SB2 Fee: 0.00 Taxes: 0.00 Total: 10.00 CITY OF FRESNO NO FEE—Government Code 6103 CITY OF FRESNO Public Works Department P.W. File No. 12330 O STATEMENT OF COVEN S FECTING LAND DEVELOPMENT FOR TEMPORARY DRAINAGE FACILITIES FOR THE FINAL MAP OF T NO. 6217, PHASE 2 OF VESTING IVE MAP NO. 6056 O O DOC#2018-0147827 Page 2 of 24 Statement of Covenants Temporary Stone Drainage Facilities Tract No. 6217 Page 2 RECITALS WHEREAS, WC ASHLAN HAYES, LLC, a California Limited Liability Company and ASHLAN & HAYES INVESTMENTS, LLC, a California Limited Liability Com ny, hereinafter referred to as the "Covenantor," is the owner of the real property situat i e ' of Fresno, County of Fresno, State of California, hereinafter referred to as the "Sub'e pe and more particularly described on attached Exhibit A, Exhibit B and Exhibit C; WHEREAS, the Covenantor hereby warrants that an nd all rties having record title interest in the Subject Property which may ripen into a fee h inated to this instrument and that all such instruments of Subordination, if any, are a ereto and made a part of this instrument; and, WHEREAS,a condition of approval for V T e Map No.6056, hereinafter referred to as "map," requires the provision and ai an f temporary storm water storage (ponding basin)and associated facilities, hereinafte d to as"temporary storm drainage facilities," until such time that permanent storm drai a es are available to serve said map; and WHEREAS,the Covenant ity of Fresno("City')desire to enter into an agreement providing for such temporary sto rai ge facilities. CO , CONDITIONS, AND RESTRICTIONS The Coven o y covenants that the Subject Property shall be held, conveyed, encumbered, u pied, developed, maintained, and improved subject to the following covenants, and restrictions, which are for the purpose of enhancing attractiveness, usefulne ,�e esirability,and safety of the Subject Property,the surrounding property,and the public at I e, and to minimize possible adverse effects on the public health, safety, peace, and g we re. Each of the covenants, conditions,and restrictions contained in this Statement of en shall run with the Subject Property and shall be binding upon and inure to the benefit of successive owner of the Subject Property and his heirs, successors, and assigns during his Z DOC#2018-0147827 Page 3 of 24 Statement of Covenants Temporary Storm Drainage Facilities Tract No. 6217 Page 3 ownership thereof. 1. The Covenantor agrees that the Subject Property shall be used for temporary storm drainage facilities purposes as shown on the attached Exhibit C until the City rele s the Subject Property from such use. The Covenantor agrees to construct and mai nta' i rary storm drainage facilities;and grants to the City the right to enter upon the Subj a for urposes of inspection and to regulate the use of and access to said tempo nage facilities on the Subject Property. 2. The temporary storm drainage facilities s constructed to conform to the grading plans prepared at the Covenantor's expense ved by the Development and Resource Management Department of the City o lopment and Resource Management .Department). The design of the temporary nding in, including fencing, shall conform to the Public Works Department of the City of F ( orks Department)Standard Specifications and Drawings. The work shall be ct pursuant to a grading permit issued by the Development and Resource Mana epartment. 3. The Covenantor 1 s sible to confirm the availability of permanent storm drainage service with the sn tropolitan Flood Control District (FMFCD) for the Subject Property. Upon confi pe anent storm drainage service for the map is available, the Covenantor shall u Public Works Director to determine when the temporary storm drainage faciliti no nger necessary. Upon receiving such request,the Public Works Director will determi to porary storm drainage facilities are no longer required. The Public Works Director, n rmining the temporary storm drainage facilities are no longer required,shall issue a w ' n ' for abandonment to the Covenantor. Such notice will state the commencement date fo e a ndonment of the temporary storm drainage facilities. The abandonment of the temporary to drainage facilities may include, but is not limited to, demolition and disposal of certain ctures, pipes, fencing, backfilling, compaction and grading in accordance with said approved 3 DOC#2018-0147827 Page 4 of 24 Statement of Covenants Temporary Storm Drainage Facilities Tract No. 6217 Page 4 grading plan; compaction reports, provided at the Covenantor's expense, shall be required for backfilled areas. Covenantor, in accordance with grading plans (and other improvement plans as maybe necessary), prepared at the Covenantor's expense and approved by the (Public Works Department and/or the Development and Resource Management Depart n 'cable),shall obtain permits(grading permit and/or street work permit as applicable)fr h t mmence and complete the abandonment of the temporary storm drainage fa '' i e d e of completion of the abandonment work shall be the date the grading permit i finalize y the Development and Resource Management Department. 4. This Statement of Covenant shall in no wa rued as a grant by the City of any rights to the Covenantor to trespass upon land in the possession of, or owned by another, whether such land is privately or publicly o 5. The City shall not be Iia a enantor or to any other person, firm or corporation whatsoever, for any injury o m at may result to any person or property by or from any cause whatsoever in, ono ut a Subject Property of said land covered by this Statement of Covenant, or any pa f, except to the extent arising out of the gross negligence or willful misconduct of the C' a enantor hereby releases and agrees to indemnify,defend and save the City, its o rs, ors, employees, agents and volunteers, harmless from and against any and all i to d deaths of persons,and all claims, demands, costs, loss damage and liability, how v me may be caused, resulting directly or indirectly from the performance of any or all w b ne by Covenantor in and upon the street rights-of-way and said Subject Property u o e premises adjacent thereto pursuant to this Statement of Covenant,and also from s to and deaths of persons,and all claims, demands,costs, loss,damage and liability, h so e r same may be caused, either directly or indirectly made or suffered by the Covenantor, enantor's agents,employees and subcontractors, while engaged in the performance of said w except to the extent arising out of the gross negligence or willful misconduct of the City. The DOC#2018-0147827 Page 5 of 24 Statement of Covenants Temporary Storm Drainage Facilities Tract No. 6217 Page 5 . Covenantor further agrees that the use for any purpose and by an person of any and all of the temporary storm drainage facilities and improvements hereinbefore specified, shall be at the sole and exclusive risk of the Covenantor at all times prior to the release by the City f the temporary storm drainage facilities and other improvements thereon and therein. 6. The conditions of this Statement of Covenant are intended bot he Subject Property, the public.and public properties. Accordingly, it is agree th sh I have the right to enforce this Statement of Covenant by any legal or equitable eans a inst the Covenantor and such person or persons in actual possession of the Subject Pr o directly or who through any representative or agent violate the terms hereof. 7. The foregoing conditions and obli atio Statement of Covenant shall remain in full force and effect until such time as: (a) the t andon the temporary storm drainage facilities under the grading permit issu a velopment and Resource Management Department is completed, and (b) the b rks Director issues a written release of such conditions and obligations and recd ch r ease with the Fresno County Recorder.. 8. If either party is it commence any proceeding or legal action to enforce or interpret any term or conditio s ement of Covenant,the prevailing party in such proceeding or action shall be entitl o er from the other party its reasonable attomey's fees and legal expenses. For the p s this Statement of Covenant, "attomeys'fees"and"legal expenses" include, without n, paralegals' fees and expenses, attorneys, consultants fees and expenses, a fees and expenses, and all other expenses incurred by the prevailing party's a he course of the representation of the prevailing party in anticipation of arid/or durin rse of litigation,whether or not otherwise recoverable as"attomeys'fees°or as"costs" u er ifomia law, and the same may be sought and awarded in accordance with California re as pertaining to an award of contractual attorneys' fees. 9. The waiver by either party of a breach by the other of any provision of this Statement DOC#2018-0147827 Page 6 of 24 Statement of Covenants Temporary Storm Drainage Facilities Tract No. 6217 Page 6 of Covenant shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Statement of Covenant. No provisions of this Statement of Covenant maybe waived unless in writing and signed by all parties to this Covena Waiver of any one provision herein shall not be deemed to be a waiver of any other p i i . 10. The provisions of this Statement of Covenant shall be e ' de dent and severable and the invalidity or partial invalidity or unenforceabili a ne p vision or portion thereof shall not affect the validity or enforce ability of any of r provisi hereof. Whenever the context of the Statement of Covenant so requires, in interpretin tement of Covenant, any gender includes the other genders, the singular includes 1 I, and the plural includes the singular. O O O DOC#2018-0147827 Page 7 of 24 Statement of Covenants Temporary Storm Drainage Facilities Tract No. 6217 Page 7 DATED: CITY OF FRESNO, COVENANTOR: a Municipal Corporation WC ASHLAN HAYES, LC Public Works Department A Califomia Limite pany Scott Mozier, P.E., Director By: JPF CAPITA , A Ca I. omia it bility Company, Its So b By: By: Andrew J. Ben , P.E., Assistant Director eterson, ent and Treasurer APPROVED AS TO FORM: & HAYES INVESTMENTS, LLC California Limited Liability Company DOUGLAS T. SLOAN City Attorney By: Darius Assemi, a a By: - oidge BY' Deputy City Attome Kevin As mi, Manager Date: By: Neema A mi, Manager (Attach Notary Acknowledgments) O DOC#2018-0147827 Page 8 of 24 ACKNOWLEDGMENT 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 Fresno ) On OG'Te be.j,,- 11.0%(A before me, .joy Poeng, (insert n e and a of the officer) personally appeared Joshua Peterson who proved to me on the basis of satisfactory evidence t person(K)whose name(a) is/ar6 subscribed to the within instrument and acknowledged to t he/sXe/ttdy executed the same in hi"r/thgir authorized capacity(ieg), and that by hi / ignature(t;) on the instrument the person(K, or the entity upon behalf of which t ted, executed the instrument. I certify under PENALTY OF PERJURY u er the I of the State of California that the foregoing paragraph is true and correct. Dov POEW WITNESS m hand and official seal. N COMTMY��c-cAUFO I Y �OPMV cx�a�iea�oN o�,�o, � FPZSW COUNTY Comes.EW.SW*Mw 23,2WI Signature (Seal) O O DOC#2018-0147827 Page 9 of 24 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the Identityof 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 f=KIES � On l J C�'D� before me, Date Here Inse4 Namea e Officer personally appearedC ^I �� b�SScxY1 NameWobf Sign who proved to me on the basis of satisfactory evidence to be the per se namP,(e)'is/af-e subscribed to the within instrument and acknowledged to me that he/s u the same in his/het,4hefr authorized capacity(to$'r, and that b his/har�he4r signature(a�on e ment the person(e, or the entity upon behalf of which the persorA(aIacted, executed the instrume t. I r PENALTY OF PERJURY under the LW"LEWA laws the State of California that the foregoing NotryPubk-Caflfomia ara ph is true and correct Fresno County Commission/2250637 �eMy Comm.Expires Aug 17,2022 WITNESS my hand and official seal. 4? Signature Place Notary Seal and/or Stamp Signature of Nota ublic OPTIONAL Completin in ation can deter alteration of the document or froudule r chment of this form to an unintended document Description of Attach ment Title or Type of Doc e Document Date: Number of Pages: Signer(s) Other T Nam d Above: Capaclty(ie C by Signer(s) Signer's e. Signer's Name: ❑ Corpora O r—Tltle(s): ❑ Corporate Officer—Tltle(s): ❑ Pa — Limited ❑ General ❑ Partner— ❑ Limited ❑ General ❑ I ua ❑ Attorney in Fact El Individual 11Attorney In Fact ❑ rust ❑ Guardian of Conservator 11Trustee iiGuardian of Conservator E] her: ❑ Other. n Representing: Signer Is Representing: 17 National Notary Association DOC#2018-0147827 Page 10 of 24 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate vedfles 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 rr 1 County of �C.��i� J} On Ddu6per c5, W I D before me, lJ Q Q- lam.- vQ ll C Date Here Inse Name a e Officer personally appeared K.V n SS 7 NomeXof Sign who proved to me on the basis of satisfactory evidence to be the perse nameKls/afe subscribed to the within Instrument and acknowledged to me that he/s he same in his/he A4e4 authorized capacity(*Sl,'and that b his/herAHel•r signatureo the n e ' ment the personK, or the entity upon behalf of which the personXacted, executed instrume LIANALEYVA I r PENALTY OF PERJURY under the µbtM PubUc-CalHomia Fresno county laws the State of California that the foregoing Commission N 2250637 ara ph Is true and correct. my comm.Evires k417,2022 WITNESS my hand and official seal. Signature ku�ak=� Place Notary Seal and/or Stamp Signature of No Public OPTIONAL Completln In atlon can deter alteration of the document or fraudu/e r chment of this form to an unintended document Description of Attach ment Title or Type of Doc e Document Date: Number of Pages: Signers) Other T amed Above: Capaclty(le by Signers) Signer's e: Signer's Name: ❑ Corpora O r—Title(s): ❑ Corporate Officer—Title(s): ❑ Pa — Limited ❑ General ❑ Partner— ❑ Limited ❑ General ❑ ua ElAttorney in Fact ElIndividual ❑ Attorney In Fact ❑ rust ❑ Guardian of Conservator ❑ Trustee ❑ Guardian of Conservator ❑ her ❑ Other. n Representing: Signer Is Representing: 17 National Notary Association �o DOC#2018-0147827 Page 11 of 24 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 Fi-f--SNO On OG�Db"e 3, 2Z1�3 before me, LLjo I ic, Date Here inse Name a Officer personally appeared Name(<of Sign who proved to me on the basis of satisfactory evidence to be the per se name(6Is/are subscribed to the within instrument and acknowledged to me that he/ u the same in his/ e+r authorized capacity(ie<and that by his/herftheir signatureOeYona ment the personLW, or the entity upon behalf of which the personcted, executed the Instrume t. I Li PENALTY OF PERJURY under the uANALEYVA laws the State of California that the foregoing No"Pub&--CaUforrm Fresno County ara ph Is true and correct Commission t 2250637 *My Cwnm.Expires Aug 17,20Z2 WITNESS my hand and official seal. Signature Place Notary Seal and/or Stamp Signature of Noki Public OPTIONAL Completin in ction can,deter alteration of the document or froudule r chment of this form to an unintended document Description of Attach ment Title or Type of Doc e Document Date: Number of Pages: Slgner(s) Other T amed Above: Capacity(le C by Signer(s) Signer's e: Signer's Name: ❑ Corpora r—Title(s): ❑ Corporate Officer—Title(s): ❑ Pa Limped ❑ General ❑ Partner— ❑ Limited ❑ General ❑ I ua EIAttorney In Fact 11Individual ❑ Attorney in Fact 1:1rust ii Guardian of Conservator ii Trustee ❑ Guardian of Conservator ❑ her: ❑ Other: Representing: Signer Is Representing: 17 National Notary Association DOC#2018-0147827 Page 12 of 24 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 CLERK'S CERTIFICATION State of California ) County of Fresno ) O On November 15, 2018 before me, Cindv J. Bru"puty City Clerk, personally appeared, Andrew J. Benelli Assistant Director of the Pu*LWq s 06partment of the City of Fresno who proved to me on the basis of satisfactory eviden o the person(s) whose name(s) is/are subscribed to the within instrument and ovule to me that he/she/they executed the same in his/her/their authorized capaci n hat by his/her/their signature(s) on the instrument the person(s), or the entity up eh of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJ Y er the laws of the State of California that the foregoing paragraph is true and co rec. WITNESS my hand and official s �O YVONNE SPENCE, CMC City Clerk, City of Fresno By OF FRfry0 � ±4 ?�Tfa Oct-titi. O I 2-- DOC#2018-0147827 Page 13 of 24 - Exhibit "A" APN 512-174-18, 512-181-09 and 512-070-39 Legal Description of Property Tract 6217 Temporary Ponding Basin Parcel One: Outlot C and Outlot D of the Map of Tract No. 6056, recorded in Vo a Plats, at Pages 71 & 72, Fresno County Records. Parcel Two: A portion of the Northeast Quarter of the Southeast Qua of ction 16, Township 13 South, Range 19 East, Mount Diablo Base and Merid City of Fresno, County of Fresno, State of California, according to the Offici I P t ereof. O O O O DOC#2018-0147827 Page 14 of 24 Exhibit "B" APN 512-174-18, 512-181-09 and 512-070-39 Legal Description of Property Tract 6217 Temporary Ponding Basin That portion of the Southeast Quarter of Section 16, Township 13 South, ange 19 East, Mount Diablo Base and Meridian, described as follows: BEGINNING at the Northeast comer of Outlot B of Tract No. 621 d ' Volume 9, pages and of Plats, Fresno County Records a orth 89156'44° East along the South Right of Way line of West Indianapo ' a distance of 19.11 feet to the True Point of Beginning; thence North 003 ° t, a distance of 47.00 feet; thence South 89156'17° East, a distance of 2.40 f t; thence South 00°00'00° East, a distance of 273.98 feet; thence North ° 9' West, a distance of 737.32 feet to the intersection with the East Right of n North Cresta Avenue; thence North 00104'14° East along the East Right of I of North Cresta Avenue, a distance of 47.00 feet; thence South 89159'57° nce of 690.26 feet; thence North 00°00'00" East, a distance of 180.18 feet; North 89156'17° West, a distance of 315.35 feet to the True Point of i Contains an area of 60,144 square fee re or I s. O O O ly DOC#2018-0147827 Page 15 of 24 EXHIBIT "C" IRACI' 6056 I OUILOT C I I APN 512-174--18 89'56'17' E 362.40' WEST NDwtgvw TRUE POINT OF BEGINNING AVENUE POINT OF BEGINNING Ll N 89'56'17' .35' T 6 W TRAC217 __71 m N 10 11 12 13 14 15 r c I TRACT 6056 WrLOT D APN 512-181-09 S 89'59'57' E 690.26o I g C(7Z N N 89'59'57' W 737.32' I NUMBER DIRECTION L1 N 89'56'44' E 9.1 L2 N 00'03'16' W L3 N 00'04'14' SCALE: 1" = 100' PREPARED BY: GARY GIANNEITA 1119 STREET FRESNO, CA. 93721 (559) 264-3590 RECORD OWNER: AREA DEPICTS TEMPORARY PONDING APN 512-070-01 AND 19 BASI WC ASHLAN HAYE.S, LLC = 60,144 SQ. FT. 1446 ROAD #103 CLOM CA 93611 CITY OF FRESNO PROD ID. RE . EV.do FUND N0. TR 621 OfM NO. A PORTION OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP DR. BY: HYL SHEET NO. 1 13 SOUTH, RANGE 19 EAST, MOUNT DIABLO BASE AND MERIDIAN, CH BY: OF 1 SHEET FOR: DATE 9/07/18 TEMPORARY PONDING BASIN SCALE AS NOTED DOC#2018-0147827 Page 16 of 24 Exhibit "A" APN 512-070-48 Legal Description of Basin Tract 6217 Temporary Ponding Basin The South Half of the South Half of the Northwest Quarter of the Southea Quarter, of Section 16, Township 13 South, Range 19 East, Mount Diablo Ba dian, in the City of Fresno, County of Fresno, State of California, according a al Plat thereof. EXCEPTING THEREFROM: The South 165.00 feet of the West 548.00 feet as conve d to D id Scarabello, by Gift Deed dated May 21, 1985, as Document No. 85067612, ounty Records. O O O O DOC#2018-0147827 Page 17 of 24 Exhibit "B" APN 512-070-48 Legal Description of Basin , Tract 6217 Temporary Ponding Basin That portion of the Southeast Quarter of Section 16, Township 13 South, nge 19 East, Mount Diablo Base and Meridian, described as follows: BEGINNING at the Northwest comer of Lot 19 of Tract No. 6217 o i olume 8 , Pages_�and 4f-- of Plats, Fresno County Records a orth 02111'45" East along the East Right of Way line of North Cresta Ave ante of 52.59 feet; thence North 46104'15" East along said East Right of W2 line h Cresta Avenue, a distance of 18.46 feet to the True Point of Beginning; t ence rth 02032'03" East continuing along said East Right of Way line of North Cr A ue, a distance of 47.05 feet; thence North 90000'00° East, a distance et; thence South 02°32'03u West, a distance of 47.05 feet; thence No 0'00° West a distance of 45.00 feet to the True Point of Beginning. Contains an area of 2,115 square feet mo e O O O DOC#2018-0147827 Page 18 of 24 EXHIBIT "C" -- 1RAcr 6056 Z z A-Url-01' Q a APN 512-181-09 24 14� N 90'00'00" E 45.00' I z --� d o n C4 in Q M 25 I z I cn 0 N 46'04'15' 00' ILoLq 18.46' 26 I ofCNLO P GI ING 27 19 I I I Z -- --� SCALE: 1" = 50' PREPARED BY: GARY GIANNETTA 1119 STREET FRESNO, CA. 93721 (559) 264-3590 RECORD OWNER: AREA DEPICTS TEMPORARY PONDING APN 512-070-01 AND 19 BASI WC ASFILM HAYES, LLC 2,115 SQ. FT. 1445 TOLI-RDUSE ROAD #103 GLOMS, CA 93611 CITY OF FRESNO FROJ' ID. 7TR do V. FUND' N0. 621 ORG. NO. A PORTION OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP DR. BY: Htt SHEET NO. 13 SOUTH, RANGE 19 EAST, MOUNT DMLO BASE AND MERIDIAN, CH BY: OF 1 SHEET FOR: DATE: 9/07/18 TEMPORARY PONDING BASIN SCALE: AS NOTED DOC#2018-0147827 Page 19 of 24 Exhibit "A" APN 512-070-17s, 39 and 48 Legal Description of Property Tract 6217 Temporary Ponding Basin Parcel One: The North Half of the North Half of the Southwest Quarter of the So ea arter, of Section 16, Township 13 South, Range 19 East, Mount Diablo B e ' an, in the City of Fresno, County of Fresno, State of California, acco ' g t Official Plat thereof. Parcel Two: A portion of the Northeast Quarter of the Southeast e , of Section 16, Township 13 South, Range 19 East, Mount Diablo Base and M , ' the City of Fresno, County of Fresno, State of California, according to t e i ' lat thereof. Parcel Three. The South Half of the South Half of th est Quarter of the Southeast Quarter, of Section 16, Township 13 South, Ra 9 st, Mount Diablo Base and Meridian, in the City of Fresno, County of Fres Sta of California, according to the Official Plat thereof. EXCEPTING THEREFROM: The South 165.00 feet t 548.00 feet as conveyed to David Scarabello, by Gift Deed dated May 21, 1 5, ocument No. 85067612, Fresno County Records. O O DOC#2018-0147827 Page 20 of 24 Exhibit "B" APN 512-070-17s, 39 and 48 Legal Description of Basin Tract 6217 Temporary Ponding Basin That portion of the Southeast Quarter of Section 16, Township 13 South, ange 19 East, Mount Diablo Base and Meridian, described as follows: BEGINNING at the Southeast comer of Lot 16 of Tract No. 6217, o i olume 66 , Pages IM and z/5-of Plats, Fresno County Records- a orth 90100'00° East, a distance of 89.97 feet; thence North 00000'000 E ce of 125.50 feet; thence North 90100'00° East, a distance of 283.50 feet; en 00100'00° East, a distance of 47.00 feet; thence North 90100'00" West, a 'stance f 263.50 feet; thence South 00100'00° East, a distance of 126.50 feet; thence 00'00° West, a distance of 137.02 feet; thence North 00103'15' Eas , ce of 48.00 feet to the Point of Beginning. Contains an area of 23,590 square feet more or I O O O DOC#2018-0147827 Page 21 of 24 EXHIBIT "C" 19 I I I 18 N 90'00'00' E 283.50' I Ln o N O I 17 I N 90'00'00" 236.50' ICD LusCD I- I N J Y I POINT OF BEGINNING N 90'00'00" E 89.97 w WEST - HOLLAND c' o AVENUE o „Q•'' a� -- N 90'00'00" W 1 pQ� PREPARED BY: GARY GUWNETTA 1119 937 STREET FRESNOO,. CA. 93721 (559) 264-3590 RECORD OWNER: H AREA DEPICTS TEMPORARY PONDING APN 512-070-17a, 39 AW 48 BASTWC ASHLAN W1YE% LLC SCALE: 1" = 50' 140 TOLUiOUSE RW 1103 EA = 23,590 SQ. FT. CLONIS, CA 93611 CITY OF FRESNO PROD ID. FUND N0. 62 7 ORC, NO. A PORTION OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP DR. BY: HYL SHEET NO. 13 SOUTH, RANGE 19 EAST, MOUNT DIABLO BASE AND MERIDIAN, CH BY: OF 1 SHEET FOR: DATE: 9/07/18 TEMPORARY PONDING BASIN SCALE. AS NOTED 7/1 DOC#2018-0147827 Page 22 of 24 Exhibit "A" APN 512-070-17s Legal Description of Basin Tract 6217 Temporary Ponding Basin The North Half of the North Half of the Southwest Quarter of the Southea Quarter, of Section 16, Township 13 South, Range 19 East, Mount Diablo Ba idian, in the City of Fresno, County of Fresno, State of California, according he ial Plat thereof. O O O O O ZZ DOC#2018-0.147827 Page 23 of 24 Exhibit "B" AP N 512-070-17s Legal Description of Basin Tract 6217 Temporary Ponding Basin That portion of the Southeast Quarter of Section 16, Township 13 South, nge 19 East, Mount Diablo Base and Meridian, described as follows: BEGINNING at the Southwest comer of Lot 62 of Tract No. 6217 o d i olume �, Pages�and �of Plats, Fresno County Records a outh 00103'15° West, a distance of 50.00 feet; thence South 8 st along the South Right-of-Way line of West Holland Avenue, a distance o 5 t; ence South 00103'15" West, a distance of 4.90 feet; thence South °57'24" est, a distance of 314.44 feet; thence North 00100'07" West, a distance of 5 t; thence South 89159'13" East, a distance of 254.99 feet to the Point ing. Contains an area of 14,349 square feet more or I O O O DOC#2018-0147827 Page 24 of 24 EXHIBIT "C" I I I I I 61 I CV CO I I LA I P01 INNING 62 �j S 89'59'13" E 254.99' 3 WEST HOLLAND 0 $ AVENUE 0 LO o S 89'56'45" E Z 59.50' S 89'57'24" W 314.44' S 0(703'15" W 179 4.90' PREPARED BY: GARY GIANNMA 1119 OSTREET FRESNO,, CA. 93721 (559) 264-3390 RECORD OWNER: AREA DEPICTS TEMPORARY PONDING APN 512-070-17e BASI WC ASHCAN HAYES, LLC = 14,346 SQ. Fr. SCALE: 1" = 50' 1446 TmlHDUSEIROAD 1103 PROI ID. R CITY OF ' FRESNO FUND NO. TR 621 ORG. NO. A PORTION OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP DR. BY: HYL SHEET N0. 13 SOUTH, RANGE 19 EAST, MOUNT DIABLO BASE AND MERIDIAN, CH BY: OF 1 SHEET FOR DATE: 9/07/18 TEMPORARY PONDING BASIN SCALE: AS NOTED