HomeMy WebLinkAboutCrown Enterprises, LLC Indemnification Agreement - 5-14-2025INDEMNIFICATION AGREEMENT
THIS INDEMNIFICATION AGREEMENT (Agreement) is entered into and effective
on ! r`. by and between the CITY OF FRESNO, a
municipal corporation (City), and CROWN ENTERPRISES, LLC, a Michigan limited
liability company (ADMicant).
RECITALS
WHEREAS, Applicant has applied to City for Land Use Approval for the real property
described on Exhibit A, attached hereto (Proaerty) under Development Permit
Application No. P23-00149 (Permit); and,
WHEREAS, litigation challenging the granting or issuance of land use approvals by
governmental bodies is proliferating, and such litigation exposes City to potential liability
for damages, costs, and attorney's fees; and,
WHEREAS, in such litigation, the person or entity receiving land use approvals is
designated as a real party in interest and is the party that primarily and directly benefits
from the granting or issuance of the land use approvals; and,
WHEREAS, the City's Director of Planning and Development, Fresno City Planning
Commission and Fresno City Council are objective decision -making bodies, and therefore
have no special interest in the approval or denial of land use applications or the outcome
of litigation arising from such grant or denial, except as to those which promote public
policy; and,
WHEREAS, City incurs great expense in the active defense of such litigation and, if
unsuccessful, may also be required to pay the prevailing party's attorney's fees and costs;
and,
WHEREAS, fairness and sound fiscal policy require that the person or entity receiving the
benefits of a land use approval should also bear the burden of the liability for potential
injuries and the expense of such litigation and claims: and,
WHEREAS, Applicant and City mutually desire to enter into this Agreement, by which
Applicant shall indemnify, (at City's request) defend, save and hold City harmless, in order
that City shall bear no fiscal or financial burden whatsoever resulting from any litigation
challenging the City's grant or issuance of the Land Use Approval to Applicant, subject to
the provisions of Section 2, below.
DEFINITIONS.
(a) "Applicant" means Crown Enterprises, LLC and its heirs, assigns, or
successors in interest.
(b) "Land Use Approval", for purposes of this Agreement, shall mean any
benefits arising from any of the following: the grant of the Permit, any
approval of conditional use or development permits, any approval of
building and demolition permits by the Historic Preservation Commission,
and any document prepared pursuant to the California Environmental
Quality Act (CEQA) or other law that is approved in conjunction with any of
DEV-B Land Use Approval Indemnity (06-2024)
these entitlements and permits. Land Use Approval does not include a
ministerial permit.
(c) "City" shall mean the City of Fresno, a municipal corporation.
(d) "Project" shall mean the use of the Property authorized by the Land Use
Approval.
2. HOLD HARMLESS AND INDEMNIFICATION RELATED TO LAND USE
APPROVAL.
To the furthest extent allowed by law, Applicant shall indemnify, hold harmless and
defend City and each of its officers, officials, employees, agents, and volunteers
from any and all loss, liability, fines, penalties, forfeitures, costs and damages
(whether statutory, in contract, tort or strict liability, including but not limited to
personal injury, death at any time and property damage) incurred by City in
connection with any and all claims, demands and actions in law or equity (including
reasonable attorney's fees and litigation expenses) arising from, resulting from, or
in connection with any City action in granting, issuing or approving the Land Use
Approval, including, but not limited to claims alleging violations of the California
Environmental Quality Act or the Housing Crisis Act of 2019. Applicant's
obligations under the preceding sentence shall apply regardless of whether City or
any of its officers, officials, employees, agents, or volunteers are actively or
passively negligent, but shall not apply to any indemnification, loss, liability, fines,
penalties forfeitures, costs or damages caused solely by the gross negligence or
willful misconduct of the City or any of its officers, elected officials, employees,
agents, appointees or volunteers.
3. INSURANCE REQUIREMENTS
(a) Throughout the life of this Agreement, Applicant shall pay for and maintain
in full force and effect all insurance as required herein with an insurance
company(ies) either (i) admitted by the California Insurance Commissioner
to do business in the State of California and rated no less than "A-VII" in the
Best's Insurance Rating Guide, or (ii) as may be authorized in writing by
City's Risk Manager or designee at any time and in its discretion. The
required policies of insurance as stated herein shall maintain limits of liability
of not less than those amounts stated therein. However, the insurance
limits available to City, its officers, officials, employees, agents, and
volunteers as additional insureds, shall be the greater of the minimum limits
specified therein or the full limit of any insurance proceeds to the named
insured.
(b) If at any time during the life of the Agreement or any extension, Applicant
fail to maintain any required insurance in full force and effect, all terms under
this Agreement shall be discontinued immediately, and all payments due or
that become due to Applicant shall be withheld until notice is received by
City that the required insurance has been restored to full force and effect
and that the premiums therefore have been paid for a period satisfactory to
City. Any failure to maintain the required insurance shall be sufficient cause
DEV-B Land Use Approval Indemnity (06-2024)
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for City to terminate this Agreement. No action taken by City pursuant to
this section shall in any way relieve Applicant of its responsibilities under
this Agreement. The phrase "fail to maintain any required insurance" shall
include, without limitation, notification received by City that an insurer has
commenced proceedings, or has had proceedings commenced against it,
indicating that the insurer is insolvent.
(c) The fact that insurance is obtained by Applicant shall not be deemed to
release or diminish the liability of Applicant, including, without limitation,
liability under the indemnity provisions of this Agreement. The duty to
indemnify City shall apply to all claims and liability regardless of whether
any insurance policies are applicable. The policy limits do not act as a
limitation upon the amount of indemnification to be provided by Applicant.
Approval or purchase of any insurance contracts or policies shall in no way
relieve from liability nor limit the liability of Applicant, vendors, suppliers,
invitees, contractors, sub -contractors, consultants, or anyone employed
directly or indirectly by any of them.
Coverage shall be at least as broad as:
The most current version of Insurance Services Office (ISO)
Commercial General Liability Coverage Form CG 00 01, providing
liability coverage arising out of your business operations. The
Commercial General Liability policy shall be written on an occurrence
form and shall provide coverage for "bodily injury," "property
damage" and "personal and advertising injury" with coverage for
premises and operations (including the use of owned and non -owned
equipment), products and completed operations, and contractual
liability (including, without limitation, indemnity obligations under the
Agreement) with limits of liability not less than those set forth under
"Minimum Limits of Insurance."
2 The most current version of ISO *Commercial Auto Coverage Form
CA 00 01, providing liability coverage arising out of the ownership,
maintenance, or use of automobiles in the course of your business
operations. The Automobile Policy shall be written on an occurrence
form and shall provide coverage for all owned, hired, and non -owned
automobiles or other licensed vehicles (Code 1- Any Auto). If
personal automobile coverage is used, the City, its officers, officials,
employees, agents, and volunteers are to be listed as additional
insureds.
3. Workers' Compensation insurance as required by the State of
California and Employer's Liability Insurance.
MINIMUM LIMITS OF INSURANCE
Applicant shall procure and maintain for the duration of the Agreement, insurance with
limits of liability not less than those set forth below. However, insurance limits available to
City, its officers, officials, employees, agents, and volunteers as additional insureds, shall
DEV-B Land Use Approval Indemnity (06-2024)
3
be the greater of the minimum limits specified herein or the full limit of any insurance
proceeds available to the named insured:
1. COMMERCIAL GENERAL LIABILITY
(i) $2,000,000 per occurrence for bodily injury and property damage;
(ii) $2,000,000 per occurrence for personal and advertising injury;
(iii) $4,000,000 aggregate for products and completed operations; and,
(iv) $4,000,000 general aggregate applying separately to the work
performed under the Agreement.
2. COMMERCIAL AUTOMOBILE LIABILITY
$1,000,000 per accident for bodily injury and property damage.
3. Workers' Com ensation Insurance as re aired by the State of
California with statutory limits and EMPLOYER'S LIABILITY with limits
of liability not less than:
(i) $1,000,000 each accident for bodily injury;
(ii) $1,000,000 disease each employee; and,
(iii) $1,000,000 disease policy limit.
UMBRELLA OR EXCESS INSURANCE
In the event Applicant purchases an Umbrella or Excess insurance policy(ies) to meet the
"Minimum Limits of Insurance," this insurance policy(ies) shall "follow form" and afford no
less coverage than the primary insurance policy(ies). In addition, such Umbrella or
Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for
the benefit of the City, its officers, officials, employees, agents, and volunteers.
DEDUCTIBLES AND SELF -INSURED RETENTIONS
Applicant shall be responsible for payment of any deductibles contained in any insurance
policy(ies) required herein and Applicant shall also be responsible for payment of any
self -insured retentions. Any self -insured retentions must be declared on the Certificate
of Insurance, and approved by, the City's Risk Manager or designee. At the option of the
City's Risk Manager or designee, either:
() The insurer shall reduce or eliminate such self -insured retentions as
respects City, its officers, officials, employees, agents, and volunteers; or
(i) Applicant shall provide a financial guarantee, satisfactory to City's Risk
Manager or designee, guaranteeing payment of losses and related
investigations, claim administration and defense expenses. At no time shall
City be responsible for the payment of any deductibles or self -insured
retentions.
OTHER INSURANCE PROVISIONS/ENDORSEMENTS
(i) All policies of insurance required herein shall be endorsed to provide that
the coverage shall not be cancelled, non -renewed, reduced in coverage or
in limits except after 30 calendar days' written notice has been given to City,
except ten days for nonpayment of premium. Applicant is also responsible
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for providing written notice to the City under the same terms and conditions.
Upon issuance by the insurer, broker, or agent of a notice of cancellation,
non -renewal, or reduction in coverage or in limits, Applicant shall furnish
City with a new certificate and applicable endorsements for such policy(ies).
In the event any policy is due to expire during the work to be performed for
City, Applicant shall provide a new certificate, and applicable
endorsements, evidencing renewal of such policy not less than 15 calendar
days prior to the expiration date of the expiring policy.
(ii) The Commercial General and Automobile Liability insurance policies shall
be written on an occurrence form.
(ii) The Commercial General and Automobile Liability insurance policies shall
be endorsed to name City, its officers, officials, agents, employees, and
volunteers as an additional insured. Applicant shall establish additional
insured status for the City and for all ongoing and completed operations
under the Commercial General Liability policy by use of ISO Forms or an
executed manuscript insurance company endorsement providing additional
insured status. The Commercial General endorsements must be as broad
as that contained in ISO Forms: GC 20 10 11 85 or both CG 20 10 & CG 20
37.
(v) The Commercial General and Automobile Liability insurance shall contain,
or be endorsed to contain, that the Applicants' insurance shall be primary
to and require no contribution from the City. The Commercial General policy
is required to include primary and non-contributory coverage in favor of the
City for both the ongoing and completed operations coverage. These
coverages shall contain no special limitations on the scope of protection
afforded to City, its officers, officials, employees, agents, and volunteers. If
Applicant maintains higher limits of liability than the minimums shown
above, City requires and shall be entitled to coverage for the higher limits
of liability maintained by Applicant.
(v) Should any of these policies provide that the defense costs are paid within
the Limits of Liability, thereby reducing the available limits by defense costs,
then the requirement for the Limits of Liability of these polices will be twice
the above stated limits.
(vi) For any claims related to this Agreement, Applicant's insurance coverage
shall be primary insurance with respect to the City, its officers, officials,
agents, employees, and volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials, agents, employees, and
volunteers shall be excess of the Applicant's insurance and shall not
contribute with it.
(vii) The Workers' Compensation insurance policy shall contain, or be endorsed
to contain, a waiver of subrogation as to City, its officers, officials, agents,
employees, and volunteers.
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(vie) The Commercial General and Automobile Liability insurance policies shall
contain, or be endorsed to contain, a waiver of subrogation as to City, its
officers, officials, agents, employees, and volunteers.
PROVIDING OF DOCUMENTS - Applicant shall furnish City with all certificate(s)
and applicable endorsements effecting coverage required herein. All certificates
and applicable endorsements are to be received and approved by the City's
Risk Manager or designee prior to City's execution of the Agreement and
before work commences. All non -ISO endorsements amending policy coverage
shall be executed by a licensed and authorized agent or broker. Upon request of
City, Applicant shall immediately furnish City with a complete copy of any
insurance policy required under this Agreement, including all endorsements, with
said copy certified by the underwriter to be a true and correct copy of the original
policy. This requirement shall survive expiration or termination of this Agreement.
All sub -applicants working under the direction of Applicant shall also be required
to provide all documents noted herein.
CLAIMS -MADE POLICIES - If any coverage required is written on a claims -made
coverage form:
() The retroactive date must be shown, and must be before the effective date
of the Agreement or the commencement of work by Applicant.
(i) Insurance must be maintained and evidence of insurance must be provided
for at least five years after completion of the work or termination of the
Agreement, whichever first occurs.
(iii) If coverage is canceled or non -renewed, and not replaced with another
claims -made policy form with a retroactive date prior to the effective date of
the Agreement, or work commencement date, Applicant must purchase
"extended reporting" period coverage for a minimum of five years after
completion of the work or termination of the Agreement, whichever first
occurs.
(Iv) A copy of the claims reporting requirements must be submitted to City for
review.
(v) These requirements shall survive expiration or termination of the
Agreement.
4. NOTIFICATIONS AND COOPERATION BY CITY.
City shall within a reasonable period of time notify Applicant of its receipt of any
demand, claim, action, proceeding, or litigation in which City is to be indemnified
and held harmless by Applicant. If City requests that Applicant defend City, it shall
notify Applicant in writing within a reasonable period of time of its receipt of any
such demand, claim, action, proceeding, or litigation and City shall cooperate fully
in such defense.
City shall have the right to select the attorney or attorneys who will defend the
City. In selecting defense counsel, City should consider the prevailing local rates
for attorneys that specialize in the defense of municipalities. City should further
DEV-B Land Use Approval Indemnity (06-2024)
6
consider whether a joint defense arrangement utilizing counsel for Applicant will
suffice in lieu of separate counsel. City reserves its rights at all times to retain
separate defense counsel subject to the provisions of this paragraph, and
Applicant agrees to accept such selection. City and Applicant shall at all times
cooperate with respect to the retention of counsel. Applicant further agrees to
be fully responsible for any and all costs and attorney's fees generated by said
attorney(s) in the defense of City in any claim, demand, action, proceeding, or
litigation arising out of the Project.
5. CITY'S PARTICIPATING INDEFENS
Nothing contained herein shall prohibit City, in its sole discretion, from participating
in the defense of any demand, claim, action, proceeding, or litigation over and
above representation by outside counsel, or from participating in the defense of
any demand, claim, action, proceeding, or litigation. If City elects to also defend, it
shall do so in good faith. In no event shall City's participation in the defense of any
demand claim, action, proceeding, or litigation affect the obligations imposed upon
Applicant in section 2 of this Agreement.
6. REIMBURSEMENT OF CITY'S COSTS RE: ADMINISTRATIVE RECORD.
Without limiting the City's right to recover its costs from Applicant under paragraph
2 herein above, Applicant agrees to reimburse the City for its actual cost incurred,
including, but not limited to, City staff and attorney time expended for certifying
and/or preparing the administrative record in connection with any proceedings
related to the subject matter of this Indemnification Agreement. Applicant and City
agree to work cooperatively with respect to preparation of the administrative
record, and Applicant shall ensure that City is fully reimbursed for the costs of
preparation before receiving such administrative record. To the extent
administrative record reimbursement and related costs are recovered in any
litigation by the City, Applicant shall be reimbursed to the extent any such recovery
is made as cost recovery items.
7. BINDING OBLIGATION.
Applicant hereby agrees that this Agreement shall be recorded in the office of the
Recorder of the County of Fresno and the obligations thereunder shall run with
and be appurtenant to and be a charge upon the land and be binding on Applicant's
successor(s) in interest, heirs, transferee(s), and assign(s).
8. COVENANT NOT TO SUE.
(a) Applicant on behalf of itself, and its successors, and assigns, hereby fully
releases City, its successors, and all other persons and associations,
known or unknown, from all claims and causes of action by reason of
any damage which has been sustained, or may be sustained, as a result
of the above -described Land Use Approval and covenants not to sue
relating to such claims, excluding gross negligence or willful misconduct
of City, as setforth inSection 2, above.
DEV-B Land Use Approval Indemnity (06-2024)
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(b) Applicant acknowledges and agrees that this release applies to all claims
that Applicant may have against City arising out of the above -described
Land Use Approval for injuries, damages, or losses to Applicant's person
and property, real or personal, whether those injuries, damages, or losses
are known or unknown, foreseen or unforeseen, or patent or latent.
(c) Applicant certifies that Applicant has read section 1542 of the Civil Code,
set out below:
(d) A general release does not extend to claims which the creditor does not
know or suspect to exist in his or her favor at the time of executing the
release, which if known by him or her must have materially affected his or
her settlement with the debtor.
(e) Applicant hereby waives application of section 1542 of the Civil Code.
(f) Applicant understands and acknowledges that the significance and
consequence of this waiver of section 1542 of the Civil Code is that even if
Applicant should eventually suffer additional damages arising out of the
above -described Land Use Approval, Applicant will not be permitted to
make any claim for those damages. Furthermore, Applicant acknowledges
that Applicant intends these consequences even as to claims for damages
that may exist as of the date of this release but which Applicant does not
know exist, and which, if known, would materially affect Applicant's decision
to execute this release, regardless of whether Applicant's lack of knowledge
is the result of ignorance, oversight, error, negligence or any other cause.
(g) Applicant warrants and represents that in executing this release, Applicant
has relied on legal advice from the attorney of Applicant's choice that the
terms of this release and its consequences have been completely read and
explained to Applicant by that attorney, and that Applicant fully understands
the terms of this release.
(h) Applicant acknowledges and warrants that Applicant's execution of this
release is free and voluntary.
(i) This release pertains to a disputed claim and does not constitute an
admission of liability by City for the above -described Land Use Approval.
�) The provisions of paragraph 10 herein below shall not apply to this covenant
not to sue.
9. TERMINATION OF AGREEMENT.
(a) This Agreement may be terminated only upon the following conditions:
(i) The parties agree to terminate this Indemnification Agreement by
their express, mutual written consent; or
(i) The Applicant petitions the Fresno City Council to terminate this
Agreement by providing to the Council a written opinion of
Applicant's legal counsel and the Fresno City Council, in its sole
discretion, determines that termination of this Indemnification
DEV-B Land Use Approval Indemnity (06-2024)
M.
Agreement is in the best interest of the public and the City. It is
understood and agreed that the City, in making such
determination of whether to terminate this Agreement, may
reasonably rely upon said opinion of Applicant's legal counsel.
(i) Ten (10) years has passed after the approval, grant or issuance
of the Permit by the City.
(b) If this Agreement is terminated as provided above, the City shall execute
a written release of Applicant's obligations under this Indemnification
Agreement. It shall be Applicant's responsibility to record such document
with the office of the Recorder of the County of Fresno.
10. ATTORNEY'S FEES.
If either party is required to commence any proceeding or legal action to enforce
or interpret any term, covenant or condition of this Agreement, the prevailing party
in such proceeding or action shall be entitled to recover from the other party its
reasonable attorney's fees and legal expenses. For the purposes of this
Agreement, "attorneys' fees" and "legal expenses" include, without limitation,
paralegals' fees and expenses, attorneys, consultants fees and expenses, expert
witness fees and expenses, and all other expenses incurred by the prevailing
party's attorneys in the course of the representation of the prevailing party in
anticipation of and/or during the course of litigation, whether or not otherwise
recoverable as "attorneys' fees" or as "costs" under California law, and the same
may be sought and awarded in accordance with California procedure as pertaining
to an award of contractual attorneys' fees.
11. SEVERABILITY.
If any provision of this Agreement is determined to be invalid in a final judgment
by a court of competent jurisdiction, each and every other provision hereof shall
remain infull force and effect.
12. CONSTRUCTION OF CONTRACT
The parties hereby acknowledge that they and their respective counsel have
cooperated in the drafting and preparation of this Agreement, for which reason this
Agreement shall not be construed against any party as the drafter thereof.
[Signatures follow on the next page.]
DEV-B Land Use Approval Indemnity (06-2024)
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IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, on the day and year first above written.
CITY:
CITY OF FRESNO,
Iliforni unicipal corporation
B etifer Clary, AICP, Director
Plaing and Development
Department
APPROVED AS TO FORM:
ANDREW JANZ, City Attorney
Byi 5-4 %. b-2- —
C.Q,o4-- Date
Asst up,/)Sr. Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Cler}
By:
C
Deputy
Attachment: Exhibit A
S -I6 UZS
Date
DEV-B Land Use Approval Indemnity (06-2024)
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APPLICANT:
CROWN ENTERPRISES, LLC,
a Michigan limited liability company
By:
Na e:
Ron Patti
Title: CFO
CROWN ENT P ISF�, LLC,
a Michigan ite i Kili y company
By:
Name: ��r4 7, 68
Title: V [Cd
DEV-B Land Use Approval Indemnity (06-2024)
EXHIBIT A
11
Exhibit A
HIGHWAY 4 1 / NORTH AVENUE AND SOUTH CHERRY ANNEXATION
OCTOBER 2021
ANNEXATION TO THE CITY OF FRESNO
LEGAL DESCRIPTION
THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 14
SOUTH, RANGE 20 EAST, MOUNT DIABLO BASE AND MERIDIAN, LYING WITHIN THE
COUNTY OF FRESNO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 27;
THENCE ALONG THE EAST LINE OF SAID NORTWEST QUARTER SOUTH 00° 01' 45"
WEST FOR A DISTANCE OF 247.00 FEET TO THE TRUE POINT OF BEGINNING
THENCE CONTINUING ALONG SAID EAST LINE SOUTH 000 01' 45" WEST FOR
2081.02 FEET TO A LINE PARALLEL WITH AND DISTANT 325.00 FEET NORTH OF
THE SOUTH LINE OF SAID NORTHWEST QUATER
THENCE, ALONG SAID PARALLEL LINE, SOUTH 89° 47' 56" WEST FOR A DISTANCE
OF 1416.97 FEET TO THE WESTERLY RIGHT OF WAY LINE OF STATE ROUTE 41;
THENCE ALONG THE WESTERLY RIGHT OF WAY LINE OF STATE ROUTE 41, THE
FOLLOWING NINE COURSES:
1)
THENCE NORTH 00° 42' 17"
WEST FOR A DISTANCE OF 915.45 FEET;
2)
THENCE NORTH 08° 3700"
WEST FOR A DISTANCE OF 88.49 FEET;
3)
THENCE SOUTH 89° 49' 04"
WEST FOR A DISTANCE OF 180.54 FEET;
4)
THENCE NORTH 00° 36' 06"
EAST FOR A DISTANCE OF 1219.80 FEET;
5)
THENCE NORTH 51 ° 48' 37"
WEST FOR A DISTANCE OF 21.89 FEET;
6)
THENCE NORTH 82° 00' 05"
WEST FOR A DISTANCE OF 90.76 FEET;
7)
THENCE NORTH 89° 35' 52"
WEST FOR A DISTANCE OF 66.87 FEET;
8)
THENCE NORTH 00° 36' 06"
EAST FOR A DISTANCE OF 37.03 FEET;
9)
THENCE NORTH 87° 34' 45"
WEST FOR A DISTANCE OF 196.39 FEET;
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DESCRIPTION: SOUTH CHERRYANNEXA TION 123 0 STREET FRESNO, 93al
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ANNEXATIONBOUNDARY-EXHIBIT 10-20-2021 20-270
Exhibit A
HIGHWAY 41/ NORTH AVENUE AND SOUTH CHERRY ANNEXATION
OCTOBER 2021
ANNEXATION TO THE CITY OF FRESNO
LEGAL DESCRIPTION
THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 14
SOUTH, RANGE 20 EAST, MOUNT DIABLO BASE AND MERIDIAN, LYING WITHIN THE
COUNTY OF FRESNO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 27;
THENCE ALONG THE EAST LINE OF SAID NORTWEST QUARTER SOUTH 00° 01' 45"
WEST FOR A DISTANCE OF 247.00 FEET TO THE TRUE POINT OF BEGINNING
THENCE CONTINUING ALONG SAID EAST LINE SOUTH 000 01' 45" WEST FOR
2081.02 FEET TO A LINE PARALLEL WITH AND DISTANT 325.00 FEET NORTH OF
THE SOUTH LINE OF SAID NORTHWEST QUATER
THENCE, ALONG SAID PARALLEL LINE, SOUTH 89° 47' 56" WEST FOR A DISTANCE
OF 1416.97 FEET TO THE WESTERLY RIGHT OF WAY LINE OF STATE ROUTE 41;
THENCE ALONG THE WESTERLY RIGHT OF WAY LINE OF STATE ROUTE 41, THE
FOLLOWING NINE COURSES:
1)
THENCE NORTH 00° 42' 17"
WEST FOR A DISTANCE OF 915.45 FEET;
2)
THENCE NORTH 08° 37' 00"
WEST FOR A DISTANCE OF 88.49 FEET;
3)
THENCE SOUTH 89° 49' 04"
WEST FOR A DISTANCE OF 180.54 FEET;
4)
THENCE NORTH 00° 36' 06"
EAST FOR A DISTANCE OF 1219.80 FEET;
5)
THENCE NORTH 51 ° 48' 37"
WEST FOR A DISTANCE OF 21.89 FEET;
6)
THENCE NORTH 82° 00' 05"
WEST FOR A DISTANCE OF 90.76 FEET;
7)
THENCE NORTH 89° 35' 52"
WEST FOR A DISTANCE OF 66.87 FEET;
8)
THENCE NORTH 00° 36' 06"
EAST FOR A DISTANCE OF 37.03 FEET;
9)
THENCE NORTH 87° 34' 45"
WEST FOR A DISTANCE OF 196.39 FEET;
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ANNEXATIONBOUNDARY-EXHIBIT 10-20-2021 1 20-270