HomeMy WebLinkAboutAgreement A-25-348 Omnibus Agreement Amending Multiple County Agreements.pdf 25-0525 Agreement No. 25-348
RECORDING REQUESTED BY
PLACER TITLE COMPANY
AND WHEN RECORDED MAIL TO:
Dentons US LLP
601 Figueroa Street, Suite 2500
Los Angeles, California 90017-5704
Attn: Thomas K. Vandiver, Esq.
P-442939-2 DE
OMNIBUS AGREEMENT RESTATING LEGAL DESCRIPTION
This OMNIBUS AGREEMENT RESTATING LEGAL DESCRIPTION (this "Agreement') is made
and entered into as of[ July 8 1 2025, by and among (i) MENDOTA ESPERANZA COMMONS, LP, a
California limited partnership (the "Owne►"), (ii) MENDOTA RAD, LP, a California limited partnership (the
"Mendota RAD Owne►"), (iii)HOUSING AUTHORITY OF FRESNO COUNTY, CALIFORNIA,a public body
corporate and politic ("Guaranto►"), (iv) the COUNTY OF FRESNO, a political subdivision of the State of
California (the "County'), (v) the RURAL HOUSING SERVICE, UNITED STATES DEPARTMENT OF
AGRICULTURE whose principal office is located in Washington, DC ("USDA"), and (vi) JPMORGAN
CHASE BANK, N.A.,a national banking association, and its successors and assigns("Chase",and together
with the County and USDA collectively defined hereafter as the "Lenders" and each individually as a
"Lende►"). Collectively the Owner, Mendota RAD Owner, Guarantor, County, USDA and Chase are defined
herein collectively as the"Parties".
RECITALS
WHEREAS, pursuant to that certain Grant Deed, recorded on December 23, 2021 as Instrument
No. 2021-0209836 in the Official Records of Fresno County, California (the"Official Records"),the Owner
acquired certain real property located in the City of Mendota, County of Fresno, State of California (the
"Property'), on which the Owner has constructed and developed an affordable multifamily rental housing
project known as Mendota Esperanza Commons (the"Project")located upon Parcel Three of the Property
(the "Project Parcel") more specifically described in Exhibit A (the "Project Parcel & Restated Legal
Description of the Property"), attached hereto and incorporated herein by reference;
WHEREAS, in connection with the acquisition, development and rehabilitation of the Property and
Project, the Owner entered into:
(i) certain agreements in connection with the financing of the Project by the Lenders
(collectively, the "Loan Documents");
(ii) that certain Facilities Use Agreement, recorded in the Official Records on April 17, 2024
as Instrument No. 2024-0034756 (the "FUA"), by and between Owner and Mendota RAD
Owner, which establishes that certain areas and facilities in connection with a community
center on Mendota RAD Owner's adjacent property(the"Mendota RAD Property')will be
available for the joint use of Owner, Mendota RAD Owner, residents of the Project and
Mendota RAD Property, respectively; and
(iii) Those certain Loan Documents and the FUA that were recorded in the Official Records as
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liens, charges or encumbrances against the Property, or executed without recordation, are
more specifically described in Exhibit B attached hereto and incorporated herein by
reference (collectively the "Recorded Documents");
WHEREAS, pursuant to Section 7.14 of that certain Construction and Permanent Loan Agreement,
dated December 22, 2021, between Owner and Chase, the Project is entirely located on the Project Parcel
which shall continue to be owned by Owner. Upon authorization by USDA, Parcel One and Parcel Two of
the Property (collectively, the "Non-Project Parcels") more specifically described in Exhibit C, attached
hereto and incorporated herein by reference, shall be conveyed to another party to be identified by Owner
(the "Non-Project Parcel Owne►") pursuant to a Grant Deed, executed by Owner, as grantor, in favor of
the Non-Project Parcel Owner, as grantee (the "Non-Project Parcel Grant Deed');
WHEREAS, Owner has subsequently been provided authorization by USDA to release the Non-
Project Parcels as of March 27, 2025;
WHEREAS,concurrently herewith, each Lender is executing and delivering a substitution of trustee
and deed of partial reconveyance (each, a "Partial Reconveyance") or the equivalent in order to release
and reconvey any interest each may have in the Non-Project Parcels so that the remaining liens, charges
and encumbrances held by each Lender under the Loan Documents (including, without limitation, the
Recorded Documents) affect only the modified Property legally described on Exhibit A hereto, including,
without limitation, the Project Parcel and any appurtenant rights granted to the Project Parcel; and
WHEREAS, in order to clarify the various liens, charges and encumbrances affecting the Property
and their respective priority, the Parties wish to confirm that:
(i) each Lender shall execute, deliver and record in the Official Records its respective Partial
Reconveyance concurrently herewith in order to release and reconvey any and all liens,
charges and encumbrances on any portion of the Property not included in the Project
Parcel & Restated Legal Description described in Exhibit A;
(ii) the descriptions of the Property set forth in the Loan Documents and Exhibit B of the FUA
(including, without limitation, the Recorded Documents) shall hereinafter be amended to
reflect only the property described in Exhibit A and shall incorporate the Project Parcel &
Restated Legal Description as the legal description of the Property hereafter; and
(iii) the County is included as a notice party to the FUA.
AGREEMENT
NOW, THEREFORE, for and in consideration of the foregoing recitals and for other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby
acknowledge and agree to the following:
1. Consent. By execution of this Agreement and notwithstanding anything to the contrary
contained in the Loan Documents or the FUA (including, without limitation, the Recorded Documents), the
Parties hereby(a)consent to the release of the Non-Project Parcels described in Exhibit C and (b)approve
and consent to the conveyance and transfer of the Non-Project Parcels by Owner to Non-Project Parcel
Owner pursuant to the Non-Project Parcel Grant Deed.
2. Restatement of Legal Descriptions. The Parties agree that each of the Loan Documents
and Exhibit B of the FUA (including, without limitation, the Recorded Documents) are hereby deemed
amended and modified to reference, affect and encumber only the portion of the Property described in
Exhibit A, and the legal descriptions of the Property contained therein are hereby replaced with the Project
Parcel & Restated Legal Description contained in Exhibit A. The Parties reaffirm the grants made under
each of the applicable Recorded Documents to include only grants of the portion of Property described in
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Omnibus Agreement Amending Legal Description
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Exhibit A.
3. Reconveyance. Each Lender acknowledges and confirms by execution and delivery of
the Partial Reconveyances being recorded concurrently herewith that any interest held by any Lender in
any portion of the Property that is not included in the Project Parcel &Restated Legal Description contained
in Exhibit A is or has been released and reconveyed thereby, such that hereafter, the Property shall be
comprised of only the property described in the Project Parcel & Restated Legal Description.
4. County as FUA Notice Party. Section 5.14 of the FUA is hereby amended by adding the
County as a notice party to any notices being delivered to the Owner or the Mendota RAD Owner as follows:
"With a copy to: County of Fresno
Department of Public Works and Planning
Community Development Division
Attention: Manager, Affordable Housing Programs
2220 Tulare Street, 6th Floor
Fresno, California 93721"
5. Severability. If any term or provision of this Agreement, or the application thereof to any
person or circumstance, shall to any extent be invalid or unenforceable, the remainder of this Agreement,
or the application of such provision to persons or circumstances other than those as to which it is invalid or
unenforceable, shall not be affected thereby. Each provision of this Agreement shall be valid and shall be
enforceable to the extent permitted by law.
6. Ratification. Except for the legal description of the Property as expressly modified by the
provisions hereof, each of the Loan Documents and FUA (including, without limitation, the Recorded
Documents) shall stay in effect without further modification. The Parties hereby (a) ratify and reaffirm all
terms of the Loan Documents and FUA (including, without limitation, the Recorded Documents), as
applicable, (b) agree that the Loan Documents and FUA (including without limitation, the Recorded
Documents) are and shall remain in full force and effect in accordance with all terms contained therein,
except as expressly stated herein, and that the relative priority of each of the Loan Documents and FUA
(including, without limitation, the Recorded Documents) remains unchanged. To the extent necessary to
further evidence or give effect to the terms of this Agreement, the Parties may be requested to execute any
additional documents as necessary to carry out the purposes outlined in this Agreement and each such
party agrees to reasonably cooperate in the execution and delivery thereof.
7. Counterparts. This Agreement may be executed in any number of identical counterparts
each of which shall be deemed to be an original and all, when taken together, shall constitute one and the
same instrument.
8. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit
of each of the Parties hereto and their respective successors and assigns.
9. Applicable Law. This Agreement shall be governed by and construed in accordance with
the laws of the State of California and applicable federal law.
[Signature page follows.]
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Mendota Esperanza Commons
Omnibus Agreement Amending Legal Description
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IN WITNESS WHEREOF, the Parties hereto have entered into this Omnibus Agreement
Restating Legal Description as of the day and year first above written.
OWNER:
MENDOTA ESPERANZA COMMONS, LP,
a California limited partnership
By: Silvercrest, Inc.,
a California nonprofit public benefit corporation,
its managing general partner
By: l/!�T/
�TyroneRoderick Williams
Secretary/Director
By: Mendota Esperanza Commons AGP, LLC,
a California limited liability company,
its administrative general partner
By: Housing Authority of Fresno County,
California, a public body corporate and
politic, its sole member and manager
a
Tyrone Roderick Williams
Chief Executive Officer
S-1
Mendota Esperanza Commons
Omnibus Agreement Restating Legal Description
Signature Page
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MENDOTA RAD OWNER:
MENDOTA RAD, LP,
a California limited partnership
By: Silvercrest, Inc.,
a California nonprofit public benefit corporation,
its managing general partner
By: �i 1+4w G )A4410
Tyrone oderick Williams
Secretary/Director
By: Mendota RAD AGP, LLC,
a California limited liability company,
its administrative general partner
By: Housing Authority of Fresno County,
California, a public body corporate and
politic, its sole member and manager
By:
Tyrone R derick Williams
Chief Executive Officer
S-2
Mendota Esperanza Commons
Omnibus Agreement Restating Legal Description
Signature Page
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CHASE:
JPMORGAN CHASE BANK, N.A.,
a national banking association
By: clw
J es Vosso l
horized OffIcer
S-3
Mendota Esperanza Commons
Omnibus Agreement Restating Legal Description
Signature Page
127483376
USDA:
UNITED STATES OF AMERICA, acting through the RURAL
HOUSING SERVICE, UNITED STATES DEPARTMENT OF
AGRICULTURE
By:
Name: �QCI
Title: POJA
S-4
Mendota Esperanza Commons
Omnibus Agreement Restating Legal Description
Signature Page
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COUNTY:
COUNTY OF FRESNO,
a political subdivision of the State of California
By.
Ernest C. Mendes, Chairman of the Board of
Supervisors of the County of Fresno
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
By:
Deputy
S-5
Mendota Esperanza Commons
Omnibus Agreement Restating Legal Description
Signature Page
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GUARANTOR'S/INDEMNITOR'S CONSENT AND REAFFIRMATION
As required by Chase, the undersigned Guarantor associated with that certain loan made by
Chase to Owner in the original aggregate principal amount of$9,651,040.00(the"Senior Loan")hereby
consents to the modification by Owner and Chase of those documents pertaining to the Senior Loan as
encompassed in the Loan Documents and Recorded Documents as provided for in the foregoing
Agreement and the transactions contemplated thereby in order to release a portion of the Property as
described in this Agreement, and acknowledges and reaffirms that its: (i) Payment Guaranty; (ii)
Completion Guaranty; and (iii) Environmental Indemnity Agreement, each dated as of December 22,
2021, are in full force and effect as of this date and that no defenses exist to the enforceability thereof.
The undersigned reaffirms its waivers, as set forth in such documents, of each and every one of the
possible defenses to such obligations.
Dated as of[ 1, 2025.
GUARANTOR:
HOUSING AUTHORITY OF
FRESNO COUNTY, CALIFORNIA,
a public body corporate and politic
Tyrone Roderick Williams
Chief Executive Officer
CONSENT-1
Mendota Esperanza Commons
Omnibus Agreement Restating Legal Description
Guarantor's Consent
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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 (Qy(l� _)
On 2025 before me, Wd(A
Notary Public, personally appeared TYRONE RODERICK WILLIAMS, 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 m/nd
d official seal.
Sig ure
(Sea
*my
LUCIAYANEZ
Notary Public-California
Fresno CountyCommission 112492045
Comm.Expires Jun 7,2028
Mendota Esperanza Commons
Omnibus Agreement Restating Legal Description
Notary Acknowledgement
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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
On 2025 before me,
Notary'Public, personally appeared JAMES V0SS0lJGkIIwho 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.
Signature
(Seal)
BRADY M. FLAVIN
Comm.#2495988
NOTARY PU3LIC•CALWCUTA uJ
�kJ FR?IJCISC0 COUNTY
- � MY Ea DULY 30,?628
Mendota Esperanza Commons
Omnibus Agreement Restating Legal Description
Notary Acknowledgement
127483376
EAnolary public or other officer completing this certificate verifies only the identity of the individual
o signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
dity of that document.
State of Washington )
County of 7nf a PS A )
On LT l 2025 before me, /150YI /�dZ/�i� Notary Public,
personally appeared G V-OL _VPl" 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 Washington that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
NN
Signature
0144289
(Seal} %/��` I�h�5.19.1� F'�
`w`
[NOTARY ACKNOWLEDGEMENT FOR USDA]
Mendota Esperanza Commons
Omnibus Agreement Restating Legal Description
Notary Acknowledgement
127483376
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 nV
On b 2025 before me, � Mic,
Notary Public, personally appeared ERNEST C. MENDES, 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.
Signature
(Seal)
o.ownz
NOTAWPtsK,a.CAUpOwu►
� rteo ��
MrCEtp.Mw Is 2W Mendota Esperanza Commons
Omnibus Agreement Restating Legal Description
Notary Acknowledgement
127483376
EXHIBIT A
Project Parcel& Restated Legal Description of Property
The land described herein is situated in the State of California, County of Fresno,City of Mendota,described
as follows:
Parcel Three:
That portion that certain parcel of land conveyed to the Housing Authority of Fresno County in a Grant
Deed recorded May 25, 1978 in Book 7038 of Official Records, at Page 677, Fresno County Records,
hereinafter referred to as "Housing Authority Parcel", situated in the West half of the East half of the East
half of Section 36, Township 13S, Range 14 East, Mount Diablo Base and Meridian, in the City of
Mendota, County of Fresno, State of California, more particularly described as follows:
COMMENCING at a point on the west line of the East half of the East half of the East half of the
Southeast quarter of said Section 36, said point being distance thereon, 1484.30 feet southerly of the
Southeast corner of the North half of the Northwest quarter of the Southeast quarter of said Section36,
said point also being the centerline intersection of Smoot Avenue with Sorenson Avenue as said
intersection is shown on that certain Record of Survey filed March 2, 2015 in Book 60 of Record of
Surveys, at pages 88-90 inclusive, Fresno County Records thence leaving said POINT OF
COMMENCEMENT, along said centerline of Smoot Avenue and the northerly line of that certain parcel of
land conveyed to Mendota RAD, LP in Grant Deed recorded December 24, 2013 as Document Number
2013-0172253, Official Records of Fresno County, hereinafter referred to as "Mendota RAD Parcel",
North 89°32'10" West, a distance of 220.00 feet to the northeast corner of"Housing Authority Parcel";
thence Southerly along the westerly line of said "Mendota RAD Parcel" and the easterly line of said
"Housing Authority Parcel", South 13°01'52" West, a distance of 182.25 feet to the TRUE POINT OF
BEGINNING; thence leaving said TRUE POINT OF BEGINNING, the following nine (9) courses;
1. continuing along said easterly line, South 13°0l'52"West, a distance of 256.94 feet;
2. South 66°13'00" East, a distance of 50.00 feet;
3. South 20°17'27" West, a distance of 262.69 feet;
4. South 66°12'33" East, a distance of 120.64 feet;
5. South 39°14'35" West, a distance of 244.46 feet;
6. South 47°37'27"West, a distance of 331.76 feet to an intersection with the north line of Lot 29 of
that certain final map of Tract No. 4504, recorded in Volume 62 of Plats, at pages 93 through 94
inclusive, Fresno County Records;
7. Along said north line of Lot 29, North 48°10'56"West, a distance of 57.25 feet to the west line of the
East half of said Section 36;
8. Northerly, along said west line, North 01°36'26" East, a distance of 943.98 feet to a line being
parallel with and 177.88 feet southerly, as measured at right angles, of said centerline of Smoot
Avenue and the northerly line of said "Mendota RAD Parcel";
9. Easterly, along said parallel line, South 89°32'10" East, a distance of 408.83 feet to the TRUE
POINT OF BEGINNING;
Containing 7.235 acres, more or less.
APN: Portion of 012-190-39sT
A-1
Mendota Esperanza Commons
Omnibus Agreement Restating Legal Description
Exhibit A
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EXHIBIT B
Recorded Documents, each dated as of December 22, 2021 and recorded December 23, 2021 in the
Official Records unless indicated otherwise.
1. Facilities Use Agreement recorded as Instrument No. 2024-0034756 on April 17, 2024
a. Mendota RAD, LP, a California limited partnership
b. Mendota Esperanza Commons, LP, a California limited partnership
2. Restrictive Use Covenant—20 Year recorded as Instrument No. 2021-0209839, as amended
by No. 2023-0063689
a. Mendota Esperanza Commons, LP, a California limited partnership
b. United States of America, acting through the Rural Housing Service, United States
Department of Agriculture
3. Construction and Permanent Deed of Trust, Security Agreement, Assignment of Leases
and Rents and Fixture Filing recorded as Instrument No. 2021-0209840
a. Trustor: Mendota Esperanza Commons, LP, a California limited partnership
b. Trustee: California Reconveyance Company, a California corporation
c. Beneficiary: JPMorgan Chase Bank, N.A., a national banking association
4. Real Estate Deed of Trust for California with Assignment of Rents and Fixture Filing
recorded as Instrument No. 2021-0209841
a. Trustor: Mendota Esperanza Commons, LP, a California limited partnership
b. Trustee: Placer Title Company
c. Beneficiary: United States of America, acting through the United States Department of
Agriculture
5. PLHA Loan Agreement dated November 16, 2021 as Agreement No. 21-480, and
Amendment I to Agreement dated June 20, 2023 as Agreement No. 23-338, and not
recorded in the Official Records
a. Mendota Esperanza Commons, LP, a California limited partnership
b. County of Fresno, a Political Subdivision of the State of California
6. PLHA Regulatory Agreement and Declaration of Restrictive Covenants dated December
20, 2021 and recorded as Instrument No. 2021-0209842
a. County of Fresno, a Political Subdivision of the State of California
b. Mendota Esperanza Commons, LP, a California limited partnership
7. Deed of Trust, Assignment of Rents and Financing Statement recorded as Instrument No.
2021-0209843, as amended by No. 2023-0063690
a. Trustor: Mendota Esperanza Commons, LP, a California limited partnership
b. Trustee: Placer Title Company
c. Beneficiary: County of Fresno, a political subdivision of the State of California
8. Subordination Agreement—515 Loan recorded as Instrument No. 2021-0209844
a. Borrower: Mendota Esperanza Commons, LP, a California limited partnership
b. Junior Lienholder: County of Fresno, a political subdivision of the State of California
c. Senior Lienholder: United States Department of Agriculture Rural Housing Service
9. Subordination Agreement— Fresno County Loan recorded as Instrument No. 2021-0209845
a. Borrower: Mendota Esperanza Commons, LP, a California limited partnership
B-1
Mendota Esperanza Commons
Omnibus Agreement Restating Legal Description
Exhibit B
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b. Junior Lienholder: County of Fresno, a political subdivision of the State of California
c. Senior Lienholder: JPMorgan Chase Bank, N.A., a national banking association
10. Subordination Agreement—515 Loan recorded as Instrument No. 2021-0209846
a. Borrower: Mendota Esperanza Commons, LP, a California limited partnership
b. Junior Lienholder: County of Fresno, a political subdivision of the State of California
c. Senior Lienholder: United States Department of Agriculture Rural Housing Service
11. Pursuant to Acknowledgement of the Facilities Use Agreement for the Mendota RAD
Property, HOME Agreement dated August 20, 2013 as Agreement No. 13-514, and not
recorded in the Official Records
a. County of Fresno, a Political Subdivision of the State of California
b. Borrower: Mendota RAID, LP, a California limited partnership
B-2
Mendota Esperanza Commons
Omnibus Agreement Restating Legal Description
Exhibit B
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EXHIBIT C
Legal Description of the Non-Project Parcels
The land described herein is situated in the State of California, County of Fresno,City of Mendota,described
as follows:
Parcel One:
That portion that certain parcel of land conveyed to the Housing Authority of Fresno County in a Grant Deed
recorded May 25, 1978 in Book 7038 of Official Records, at Page 677, Fresno County Records, herein
referred to as"Housing Authority Parcel",situated in the West half of the East half of the East half of Section
36, Township 13 South, Range 14 East, Mount Diablo Base and Meridian, in the City of Mendota, County
of Fresno, State of California, more particularly described as follows:
COMMENCING at a point on the west line of the East half of the East half of the East half of the Southeast
quarter of said Section 36, said point being a distance thereon, 1484.30 feet southerly of the Southeast
corner of the North half of the Northwest quarter of the Southeast quarter of the Northeast quarter of said
Section 36, said point also being the centerline intersection of Smoot Avenue with Sorenson Avenue as
said intersection is shown on that certain Record of Survey filed March 2, 2015 in Book 60 of Record of
Surveys, at pages 88-90 inclusive, Fresno County Records; thence leaving said POINT OF
COMMENCEMENT, along said centerline of Smoot Avenue and the northerly line of that certain parcel of
land conveyed to Mendota RAD, LP in a Grant Deed recorded December 24, 2013 as Document Number
2013-0172253, Official Records of Fresno County, hereinafter referred to as "Mendota RAD Parcel", North
89°32'10" West, a distance of 220.00 feet to the northeast corner of "Housing Authority Parcel"; thence
Southerly along the westerly line of said "Mendota RAD Parcel: and the easterly line of said "Housing
Authority Parcel", South 13°01'52" West, a distance of 182.25 feet to a line being parallel with and 177.88
feet southerly, as measured at right angles, from said centerline; thence along said parallel line, North
89°32'10" West, a distance of 245.29 feet to the TRUE POINT OF BEGINNING;
Thence North 00°27'50"East,a distance of 177.88 feet to said centerline of Smoot Avenue and the northerly
line of said "Housing Authority Parcel";
Thence along said centerline and said northerly line, North 89'32'10"West, a distance of 159.99 feet to the
west line of the East half of said Section 36;
Thence southerly along said west line, South 01°36'26" West, a distance of 177.92 feet to the westerly
prolongation of said parallel line;
Thence easterly along said westerly prolongation, South 89°32'10" East, a distance of 163.54 feet to the
TRUE POINT OF BEGINNING;
containing 28,774 square feet, more or less.
APN: 012-190-71 S
Parcel Two:
That portion that certain parcel of land conveyed to the Housing Authority of Fresno County in a Grant Deed
recorded May 25, 1978 in Book 7038 of Official Record, at Page 677, Fresno County Records, hereinafter
referred to as "Housing Authority Parcel', situated in the West half of the East half of h East half of Section
36, Township 13 South, Range 14 East, Mount Diablo Base and Meridian, in the City of Mendota, County
of Fresno, State of California, more particularly described as follows:
C-1
Mendota Esperanza Commons
Omnibus Agreement Restating Legal Description
Exhibit C
127483376
COMMENCING at a point on the west line of the East half of the East half of the East half of the Southeast
quarter of said Section 36, said point being distance thereon, 1484.30 feet southerly of the Southeast corner
of the North half of the Northeast quarter of the Southeast quarter of the Northeast quarter of said Section
36, said point also being the centerline intersection of Smoot Avenue with Sorenson Avenue as said
intersection is shown on that certain Record of Survey filed March 2, 2015 in Book 60 of Record of Surveys,
at page 88-90 inclusive, Fresno County Records;thence leaving the POINT OF COMMENCEMENT, along
said centerline of Smoot Avenue and the northerly line of that certain parcel of land conveyed to Mendota
RAD, LP in a Grant Deed recorded December 24. 2013 as Document Number 2013-0172253, Official
Records of Fresno County, hereinafter referred to as "Mendota RAD Parcel", North 89°32'10" West, a
distance of 220.00 feet to the northeast corner of "Housing Authority Parcel" and the TRUE POINT OF
BEGINNING;
Thence leaving said TRUE POINT OF BEGINNING, Southerly along the westerly line of said "Mendota
RAD Parcel" and the easterly line of said "Housing Authority Parcel" South 13°01'52" West, a distance of
182.25 feet to a line being parallel with and 177.88 feet southerly, as measured at right angles, from said
centerline;
Thence along said parallel line, North 89'32'10" West, a distance of 245.29 feet;
Thence North 00°27'50"East,a distance of 177.88 feet to said centerline of Smoot Avenue and the northerly
line of said "Housing Authority Parcel";
Thence along said centerline and said northerly line, South 89°32'10" East, a distance of 284.94 feet to the
TRUE POINT OF BEGINNING;
Containing 1.083 acres, more or less.
APN: 012-190-72S
C-2
Mendota Esperanza Commons
Omnibus Agreement Restating Legal Description
Exhibit C
127483376