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Home My WebLink AboutPM 2011-10 - Agreement/Covenant - 5/12/2014 (5) 05I�9IZ014,Z014�051944 No Fees Required . __„___,_„ RECORDING REQUESTED BY, FOR, AND WHEN RECORDED MAIL TO: FRESNO METROPOLITAN FLOOD CONTROL DISTRICT Q 5469 East Olive Avenue Z Fresno, California 93727-2541 Q U w GRANT of REVOCABLE LICENSE to ENCROACH Cl) a w CL THIS GRANT of REVOCABLE LICENSE to ENCROACH AGREEMENT (this "Agreement") is made and entered into this 2 day of M07I A 2014, by and between the FRESNO METROPOLITAN FLOOD CONTROL DISTRICT, a California public corporation, as licensor ("District") and DON PICKETT & ASSOCIATES, INC., a California Corporation, as to an undivided 60% interest and BRAWLEY BUSINESS PARK, LLC, a Limited Liability Company, as to an undivided 40% interest, as licensee ("Licensees" or each a "Licensee"). District and Licensees may also be referred to herein in the singular as a "Party" or in the plural as the "Parties". WITNESSETH WHEREAS, the District holds the perpetual right and easement ("Easement") to construct, install, operate, maintain, repair, remove, and replace an underground storm drainage pipeline within that portion of the real property owned and/or occupied by Licensees in the County of Fresno, State of California, more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference ("Easement Property"); and 1250706v I/4496.2000 K:\Design\Mise Easements\2014\pickett-brawley business park jointly(ag)(mw)grant revocable license encroach.doex Grant of Revocable License to Encroach with legal revised March 12,2014,form approved by Baker,Manoc;-&Jensen(kp) WHEREAS, Licensees are developing a business park, including the placement of buildings on the real property located on or near the Easement Property; and WHEREAS, Licensees desire to encroach upon the Easement Property by constructing certain improvements, including, but not limited to, a building structure, on the Easement Property, as depicted on Exhibit "B" attached hereto and incorporated herein by this reference ("Encroachment"); and WHEREAS, the District has determined that the Encroachment may be permitted on the terms and conditions set forth herein, consistent with the purposes and operational requirements of the District; and WHEREAS, the terms of this Agreement, and each and every obligation herein, shall be applicable to each Licensee and shall be applicable to each Licensee's successors-in- interest as provided in Section 5 below; NOW THEREFORE, in consideration of the recitals set forth above, which are herein incorporated by this reference, and the mutual covenants and undertakings set forth herein, the mutual receipt and sufficiency of which is hereby acknowledged, the District and Licensees agree as follows: 1. Grant of Revocable License to Encroach. District hereby grants Licensees a revocable license to emplace, construct, inspect, maintain, repair, and replace the Encroachment (the "License"). Licensees shall exercise its rights herein in such manner as to not interfere with the District's enjoyment of its Easement, and such Encroachment shall be subject to the following conditions: (a) No emplacement, construction, or replacement of the Encroachment may be undertaken without prior written approval by District of said work, and any plans and specifications related thereto. Licensees shall notify the District in 2 1250706v I/4496.2000 K:ADesign\Misc Easements\2014\pickets-brawley business park jointly(ag)(mw)grant revocable license encroach.docx writing at least forty-eight (48) hours prior to beginning any emplacement, construction, or replacement of the Encroachment that has been approved by District. (b) Licensees shall bear any and all costs associated with emplacement, construction, inspecting, maintenance, repair and/or replacement related to the Encroachment. (c) Licensees shall bear any and all costs of constructing improvements around the Encroachment as may be necessary to mitigate any District maintenance problems, as reasonably determined by District, associated with the Encroachment, including, but not limited to, the fortified building footings depicted on Exhibit "B". (d) District shall have the right of entry upon the Easement Property and Licensees' adjacent property as described in Exhibit "C" (the "Adjacent Property"), attached hereto and incorporated herein by this reference, at all times for the purpose of inspecting the Easement Property, ascertaining that the promises and covenants of the Licensees herein contained are kept, observed and performed, and to perform such work in and around the Encroachment as it determines to be appropriate. Unless the District determines that exigent circumstances warrant shorter notice, the District will provide Licensees written notice at least forty-eight (48) hours before exercising its rights of entry. In addition, the District shall make reasonable efforts to conduct its entry activities in a manner that minimizes unnecessary disruption to the Licensees' operations on the Easement Property. District's right of entry shall include, but not be limited to, the District's ability to remove or otherwise alter the Encroachment. (e) The District reserves the right, at its sole discretion, to revoke. this License. District shall make reasonable effort to give Licensees thirty (30) day,; prior 3 1250706v1/4496.2000 K:ADesignAMisc Easements\2014\pickett-braw Iey business park joint Iy(ag)(mw)grant revocable license encroach.docx 1 1 written notice of its intent to revoke this License, provided that, in cases of emergency, the District may revoke the License upon such shorter period as it may determine in District's sole and absolute discretion, all without right of hearing or protest by Licensees. The abrogation of such hearing or protest rights shall in no way prevent Licensees from addressing the issue before or after notice of the revocation of this License, as the case may be, before the District's Board of Directors. (f) District may determine in its sole and absolute discretion that it is necessary to remove the Encroachment. In such an event, District shall provide written notice to Licensees to remove all or any part of the Encroachment as requested by District. In the event that Licensees fail to remove the Encroachment within the time period demanded by District, District may remove such Encroachment at Licensees' sole cost and expense, provided the District shall first file notice of its intended entry in the manner specified in Section 1(d) above. Under no circumstances shall District be liable for any damage caused to Licensees' real or personal property located within the Encroachment and/or the Easement Property that is directly or indirectly related to the removal of the Encroachment. Moreover, District shall have no obligation to restore any property located within said Encroachment or any damage to the Encroachment as a result of such a removal. 2. Release. Licensees, for itself and its successors-in-interest in the Easement Property and the Adjacent Property (or any portion thereof), hereby releases District, its directors, employees, agents, representatives, consultants, and independent contractors from any and all claims of liability for damage in any way related to or caused by the Encroachment. This release shall apply to claims of damage to real property, personal property, personal injury, bodily injury, wrongful death, economic loss or taking of property provided, however, that tnis 4 1250706v l/4496.2000 K:\Design\Misc Easements\2014\pickett-braw Iey business park joint ly(ag)(mw)grant revocable license encroach.docx release shall not apply to such damage or injury caused by the sole negligence or willful misconduct of District, its directors, employees, agents, representatives, consultants, or independent contractors. 3. Defense and Indemnification. To the fullest extent permitted by law, Licensees, and each Licensee jointly and severally, for themselves and their successors-in- interest, shall defend and indemnify District, its directors, employees, agents, representatives, consultants, and independent contractors against, and hold them harmless from, any and all losses or claims (including, but not limited to, claims for damage to real property, personal property, personal injury, wrongful death, economic loss, or taking of property, or claims brought by Licensees against the District), and related expenses such as attorney's fees and costs related thereto, resulting from, arising out of, or in any way associated with the Encroachment. 4. Lien on Property. Licensees shall pay to District any expenses directly or indirectly incurred by District as a result of the Encroachment, within thirty (30) days of receiving written notice of the amount from the District. Licensees hereby grants District a lien against Licensees' Easement Property and Adjacent Property for expenses not timely reimbursed by Licensees. District shall provide at least thirty (30) days written notice to Licensees of default via certified mail, receipt requested, prior to recording any lien against the Easement Property. District shall not be responsible for Licensees' failure to receive such notice. 5. Covenant Running With the Land. This Agreement constitutes a covenant running with the land, benefitting the District and its successors-in-interest in the Easement, and burdening the Easement Property and the Adjacent Property. This Agreement is binding upon Licensees and Licensees' successors-in-interest in all or any portion of Licensees' rights of ownership or occupancy of the Easement Property and the Adjacent Property. 5 1250706v I/4496.2000 K:\Design\Mise Easements\2014\pickett-brawley business parkjoinlly(ag)(nnw)grant revocable license eneroach.doex 6. General Provisions. (a) Entire Agreement. This Agreement, together with all exhibits attached hereto, constitutes the entire agreement between the Parties in regard to the Encroachment, and supersedes any and all prior and contemporaneous agreements, representations, and understandings of the Parties with regard thereto. (b) Modification. No waiver, alteration, modification, or termination of this Agreement shall be valid unless made in writing and executed by the Parties. (c) Notices. All notices required or permitted by this Agreement or applicable law shall be in writing and may be delivered in person (by hand or by courier) or may be sent by regular, certified or registered mail, or U.S. Postal Service Express Mail, with postage prepaid, or by facsimile transmission, and shall be deemed sufficiently given if served in a manner specified in this paragraph. The addresses noted below shall be that Party's address for delivery or mailing of notices. Either Party may by written notice to the other specify a different address for notice. Any notice sent by registered or certified mail, return receipt requested, shall be deemed given on the date of delivery shown on the receipt card, or if no delivery date is shown, two (2) days after the postmark thereon. If sent by regular mail, the notice shall be deemed given forty-eight (48) hours after the same is addressed, as required herein, and mailed with postage prepaid. Notices delivered by United States Express Mail or overnight courier that guarantees next day delivery shall be deemed given twenty-four (24) hours after delivery of the same to the Postal Service or courier. Notices transmitted by facsimile transmission or similar means shall be deemed delivered upon telephone confirmation of receipt (confirmation report from fax machine is sufficient), provided a copy is also delivered via delivery or mail. If 1250706v I/4496.2000 6 KADesign\Nlisc Easements\2014\pickett-brawley business park jointly(ag)(mw)grant revocable license encroach.docx notice is received after 4:30 p.m. in the time zone in which the Party is located or on a Saturday, Sunday or legal holiday, it shall be deemed received on the next business day. To the District: Bob Van Wyk General Manager-Secretary FRESNO METROPOLITAN FLOOD CONTROL DISTRICT 5469 East Olive Avenue Fresno, California 93727 Phone: (559) 456-3292 Facsimile: (559) 456-1076 E-mail:jerryl@fresnofloodcontrol.org To Licensee: DON PICKETT & ASSOCIATES, INC. 7395 North Palm Bluffs, Suite 101 Fresno, California 93711 Phone: (559) 431-3535 Facsimile: (559) 431-5360 E-mail: mike cr,donpickett.com To Licensee: BRAWLEY BUSINESS PARK, LLC 7395 North Palm Bluffs, Suite 101 Fresno, California 93711 Phone: (559) 431-3535 Facsimile: (559) 431-5360 E-mail: donpickett328@mail.com mike(? donpickett.com (d) Ownership/Tenancy. Licensees represent and warrant that they constitute all holders of (i) fee title; and (ii) tenancy interests in Easement Property and the Adjacent Property. (e) Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The Parties agree that venue for any litigation arising under this Agreement shall be in the County of Fresno, State of California, if instituted in the State courts, or the Eastern District of California (Fresno), if instituted in federal court. 7 1250706v I/4496.2000 KADesignWisc Casements\2014\pickett-brawley business park jointly(ag)(mw)grant revocable license encroach.docx r (f) Partial Invalidity. If any provision of this Agreement, or any portion thereof, is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement, including, without limitation, the portions thereof not held to be invalid, void or unenforceable, shall nevertheless continue to be in full force and effect without being impaired or invalidated in any way. IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto as of the date first above written. Approved as to Form: "District" BAKER MANOCK & JENSEN, PC FRESNO METROPOLITAN FLOOD CONTROL DISTRICT, a California public corporation By ByMAPS— Attorne s for D' >ct Bob Van Wyk, General Man ger "Licensee" DON PICKETT & ASSOCIATES, INC., a California Corporation B _ Y Mic ae Pi ( President of Don Pickett & Associates Inc., a California Corporation, as to an undivided 60% interest "Licensee" BRAWLEY BUSINESS PARK, LLC, a Californi invited Liabilit Company By � Donald V. Pickett, President of Brawley Business Park, LLC, a California Limited Liability Company, as to an undivided 40% interest By Michael Pickett, Vice-President of Brawley Business Park, LLC, a California Limited Liability Company, as to an undivided 40% interest 8 1250706v 1/4496.2000 K\DesignAMise Easements\2014\pickett-brawley business park jointly(ag)(mw)grant revocable license encroach.doex CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California } } ss. County of Fresno } On April 8, 2014, before me, Esther Marie Schwandt, Notary Public, personally appeared Bob Van Wyk, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or 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. - - - - - - - - - - - -- -- - - - - ESTHER MARIE SCHWANDT WITNESS my hand and official seal. Commission 0 2026599 Notary PUMIC-Camfornis Finao.Couaty An Notary Name: Esther Marie Schwandt Notary Phone: (559)456-3292 Commission #: 2026599 Fresno County My Commission Expires: June 13, 2017 OPTIONAL Description of Attached Document Title or Type of Document: Grant of Revocable License to Encroach Document Date: March 21, 2014 Number of Pages: 8 plus attachments Signer Other Than Named Above: Michael Pickett; Donald V. Pickett; Capacity Claimed by Signer Signer's Name: Bob Van Wyk Corporate Officer —Title: General Manager/Secretary Signer is Representing: Fresno Metropolitan Flood Control District Original document bears my embossment State of California County of Fresno On March 25, 2014 before me, Lauren Michele Aguilar, Notary Public, personally appeared Michael Pickett and Donald V. Pickett who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that h Ism/they executed the same in his/her/their authorized capacity(ies), and that by hX/lbr/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. r, LAUREN MICHELE.AGUILAR WITNESS my hand and official seal. _ NOTARY PUBLIC CALIFORNIA c ! a COMMISSION# 196&24z4 E FRESNO COUNTY I_ I My comm Exp Fegn.iary 2 2n1�f II Notary Name Lauren Michele Aguilar Notary Phone (559) 431-3535 Commission #: 1968249 County: Fresno Commission Expires: Feb. 2, 2016 Additional Information:"Grant of Revocable License to Encroach" a EXHIBIT "A" LEGAL DESCRIPTION OF STORM DRAIN EASEMENT WITHIN SUBJECT PROPERTY (EASEMENT PROPERTY) AN EXISTING 20 FOOT WIDE STORM DRAIN PIPELINE EASEMENT RECORDED ON APRIL 16, 2001 AS DOCUMENT NO. 2001-0051153,OFFICIAL RECORDS FRESNO COUNTY,DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF PARCEL K OF PARCEL MAP NO. 2001-15 ACCORDING TO THE MAP THEREOF RECORDED ON MARCH 18, 2004 IN BOOK 63,PAGES 50 AND 51 OF PARCEL MAPS,FRESNO COUNTY RECORDS; SAID POINT ALSO BEING A POINT ON THE EAST LINE OF PARCEL ] OF PARCEL MAP NO. 2400 ACCORDING TO THE MAP THEREOF RECORDED ON DECEMBER 20, 1974 IN BOOK 15, PAGE 4 OF PARCEL MAPS, FRESNO COUNTY RECORDS; THENCE NORTH 89°48'48" WEST,ALONG THE SOUTH LINE OF SAID PARCEL K, A DISTANCE OF 6.00 FEET TO AN ANGLE POINT IN THE EAST LINE OF SAID PARCEL 1; THENCE NORTH 89°47'57"WEST,ALONG THE SOUTH LINE OF SAID PARCEL K,A DISTANCE OF 10.00 FEET TO THE POINT OF INTERSECTION WITH THE SOUTH LINE OF SAID PARCEL K WITH THE WEST LINE OF A 10 FOOT DITCH RIGHT OF WAY CONVEYED PER DEED RECORDED IN BOOK 431, PAGE 85, OFFICIAL RECORDS FRESNO COUNTY, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 00'25'19" WEST,A DISTANCE OF 15.00 FEET; THENCE NORTH 89°47'57"WEST,A DISTANCE OF 20.00 FEET;THENCE ALONG A LINE PARALLEL WITH AND 20.00 FEET WEST OF THE WEST LINE OF SAID 10 FOOT DITCH RIGHT-OF-WAY, SOUTH 00-25'19"EAST,A DISTANCE OF 15.00 FEET TO A POINT ON THE SOUTH LINE OF SAID PARCEL K;THENCE CONTINUING ALONG A LINE PARALLEL WITH AND 20.00 FEET WEST OF THE WEST LINE OF SAID 10 FOOT DITCH RIGHT-OF-WAY, SOUTH 00-25'l 9"EAST,A DISTANCE OF 168.07 FEET; THENCE NORTH 89039'27"EAST,A DISTANCE OF 30.00 FEET TO A POINT ON THE EAST LINE OF SAID PARCEL 1; THENCE NORTH 00'25'19"WEST ALONG THE EAST LINE OF SAID PARCEL 1, A DISTANCE OF 20.00 FEET; THENCE SOUTH 89°39'27"WEST,A DISTANCE OF 10.00 FEET TO A POINT ON THE WEST LINE OF SAID 10 FOOT DITCH RIGHT-OF-WAY; THENCE NORTH 00025'l 9"WEST ALONG THE WEST LINE OF SAID 10 FOOT DITCH RIGHT-OF-WAY,A DISTANCE OF 147.88 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 3,860 SQUARE FEET,MORE OR LESS. Page I of 2 EXHIBIT "A" PAGE 2 OF 2 I I I I PARCEL MAP NO, 200 1 --- } F pARCrL }� ola III I Z aL Q I L —I— - - - -- -- - - - - - - - -N 89'47'57" W N 00'25,19" W EX15VING 24'SD 20.00' 15.00' N S 00'25'19" E POINTOF BFf I W 15.00' PI7R11 OF GOM 8�G&Bdi SOUTHEAST CORNER OF PARCEL K OF PARCEL SOUTH LINE OF PARCEL K OF ; MAP NO. 2001-15. PARCEL MAP NO. 2001-15. N 89'48'48' W EXISTING 20' STORM DRAIN EASEMENT PER �8947'5 DOCUMENT N0, 2003-0189847, O.R.F.C. 10.0' _ 10.00' R1 LLj j u m EXISTING 24" SD EXISTING 20' STORM DRAIN EASEMENT PER DOCUMENT NO. 2001-0051153, O.R.F.C. 00 cq i n -- -------------- o EAST LINE OF PARCEL 1 � OF PARCEL MAP NO. 2400.Li it Ip tLl N �) WEST UNE OF 10' DITCH RIGHT n o IOF WAY PER DEED IN BOOK 431, PAGE 85, O.R.F.C. u 10.0" " S 8939'27" W � — 10.00' U N EXISTING 24" SD 1 � N 89'39'27' E I -- N Od'25'19' W --- 30.00' I 0.00' � I I EXISTING 30" SD�� I 1 ' EXISTING 20' STORM DRAIN EASEMENT----� PER PARCEL MAP NO. 98-21. El- � I I NOTE: ALL OFFSET DISTANCES MEASURED AT RIGHT ANGLES. EXHIBIT "B" LEGAL DESCRIPTION OF ENCROACHMENT WITHIN STORM DRAIN EASEMENT WITHIN PROPERTY (ENCROACHMENT) ENCROACHMENT 1: THAT PORTION OF AN EXISTING 20 FOOT WIDE STORM DRAIN PIPELINE EASEMENT RECORDED ON APRIL 16, 2001 AS DOCUMENT NO. 2001-0051153, OFFICIAL RECORDS FRESNO COUNTY,DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF PARCEL K OF PARCEL MAP NO. 2001-15 ACCORDING TO THE MAP THEREOF RECORDED ON MARCH 18, 2004 IN BOOK 63, PAGES 50 AND 51 OF PARCEL MAPS, FRESNO COUNTY RECORDS; SAID POINT ALSO BEING A POINT ON THE EAST LINE OF PARCEL 1 OF PARCEL MAP NO. 2400 ACCORDING TO THE MAP THEREOF RECORDED ON DECEMBER 20, 1974 IN BOOK 15, PAGE 4 OF PARCEL MAPS, FRESNO COUNTY RECORDS; THENCE NORTH 89°48'48"WEST,ALONG THE SOUTH LINE OF SAID PARCEL K,A DISTANCE OF 6.00 FEET TO AN ANGLE POINT IN THE EAST LINE OF SAID PARCEL 1; THENCE NORTH 89°47'57" WEST,ALONG THE SOUTH LINE OF SAID PARCEL K,A DISTANCE OF 30.00 FEET TO A POINT OF INTERSECTION OF THE SOUTH LINE OF SAID PARCEL K WITH THE WEST LINE OF SAID EXISTING 20 FOOT WIDE STORM DRAIN PIPELINE EASEMENT;THENCE SOUTH 00'25'19"EAST, ALONG THE WEST LINE OF SAID 20 FOOT WIDE STORM DRAIN PIPELINE EASEMENT,A DISTANCE OF 50.33 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00'25'19"EAST ALONG THE WEST LINE OF SAID EXISTING 20 FOOT WIDE STORM DRAIN PIPELINE EASEMENT,A DISTANCE OF 50.00 FEET;THENCE AT A RIGHT ANGLE NORTH 89°34'41"EAST,A DISTANCE OF 1.95 FEET; THENCE ALONG A LINE PARALLEL WITH AND 1.95 FEET EAST OF THE WEST LINE OF SAID EXISTING 20 FOOT WIDE STORM DRAIN PIPELINE EASEMENT NORTH 00025'19" WEST,A DISTANCE OF 50.00 FEET; THENCE AT A RIGHT ANGLE SOUTH 89°34'41" WEST,A DISTANCE OF 1.95 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 98 SQUARE FEET, MORE OR LESS. Page 1 of 4 ENCROACHMENT2: THAT PORTION OF AN EXISTING 20 FOOT WIDE STORM DRAIN PIPELINE EASEMENT RECORDED ON APRIL 16,2001 AS DOCUMENT NO. 2001-0051153,OFFICIAL RECORDS FRESNO COUNTY,DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF PARCEL K OF PARCEL MAP NO. 2001-15 ACCORDING TO THE MAP THEREOF RECORDED ON MARCH 18,2004 IN BOOK 63,PAGES 50 AND 51 OF PARCEL MAPS,FRESNO COUNTY RECORDS; SAID POINT ALSO BEING A POINT ON THE EAST LINE OF PARCEL 1 OF PARCEL MAP NO. 2400 ACCORDING TO THE MAP THEREOF RECORDED ON DECEMBER 20, 1974 IN BOOK 15, PAGE 4 OF PARCEL MAPS, FRESNO COUNTY RECORDS; THENCE NORTH 89°48'48"WEST,ALONG THE SOUTH LINE OF SAID PARCEL K, A DISTANCE OF 6.00 FEET TO AN ANGLE POINT IN THE EAST LINE OF SAID PARCEL 1; THENCE NORTH 89°47'57"WEST,ALONG THE SOUTH LINE OF SAID PARCEL K,A DISTANCE OF 30.00 FEET TO A POINT OF INTERSECTION OF THE SOUTH LINE OF SAID PARCEL K WITH THE WEST LINE OF SAID EXISTING 20 FOOT WIDE STORM DRAIN PIPELINE EASEMENT; THENCE SOUTH 00'25'19"EAST,ALONG THE WEST LINE OF SAID 20 FOOT WIDE STORM DRAIN PIPELINE EASEMENT,A DISTANCE OF 155.33 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00'25'19"EAST ALONG THE WEST LINE OF SAID EXISTING 20 FOOT WIDE STORM DRAIN PIPELINE EASEMENT,A DISTANCE OF 12.75 FEET;THENCE AT A RIGHT ANGLE NORTH 89°34'41"EAST,A DISTANCE OF 1.95 FEET; THENCE ALONG A LINE PARALLEL WITH AND 1.95 FEET EAST OF THE WEST LINE OF SAID EXISTING 20 FOOT WIDE STORM DRAIN PIPELINE EASEMENT NORTH 00025'19"WEST,A DISTANCE OF 12.75 FEET;THENCE AT A RIGHT ANGLE SOUTH 89034'41"WEST,A DISTANCE OF 1.95 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 25 SQUARE FEET,MORE OR LESS. Prepared by: - r Robert K. Goodner,PLS-4546,Exp. 09/30/2014 Date: LAND SU No. 454@ Exp. 09-30-2014 P Page 2 of 4 qTF OF EXHIBIT "B" PAGE 3 OF 4 1 II I I ExlsnNc 24'•su ______` . 1 I N I N 89'4757.11 W I FO►!ff oFCOMH�B�r 30.00 - SOUTHEAST CORNER OF PARCEL K OF PARCEL SOUTH LINE OF PARCEL K OF I I MAP NO. 2001-15. I PARCEL MAP NO. 2001-15. J M 120.6 1 10.0 N 89'48'48" W EXISTING 20' STORM DRAIN EASEMENT PER I W 1 I 6.00' 1 I I DOCUMENT N0. 2003-0189847, O.R.F.C. r-I I EXISTING 24' SDLO 2� �- PROPOSED 10' PUE. 01 1 1 I J 1 WEST LINE OF EXISTING 20' STORM DRAIN EASEMENT V'f. :- 4(m IS 89 4'41' W �) PER DOCUMENT NO. 2001-0051153, O.R.F.C. — 95'y L 0 10' POINT OF ffi5INNIN6IE37GROAG1tM 1 ICL- ENCROACHMENT 1 1.95' INOS A ONCE SITE o' 1 I-- EAST LINE OF PARCEL 1 1 Y FACE OF BUILDING , LnI I i OF PARCEL MAP N0. 2400_ _ O O LO cn Z I 1 LOVS� ) N 89 4'41"'E 0- ' I PROPOSED PROPERTY UNE 4J 1 1.95El' Lon -1 I IFS' EXISTING 20' STORM DRAIN o^' 1 I 1 I EASEMENT PER DOCUMENT C) I 1.20.0'- .:w 0.0' 10.0, NO. 2001-0051153, O.R.F.C. a I I N , jI s 89-44'41''W — — EXISTING 24=SD E FCIIHT OF 866INIIN5 10' 1 E3IGROAGHW2 `� ---L-- 1 ~- S 00'25'19' E — —— ----- -- - 12-75! N 00'25'1 ' w ENCROACHMENT 2 N 89'34'41p 12 7 1 1 PROP05 D 5p00 5F.DWIN6 1.95' NO OVERHANG ON EAST 1.95' FACE OF BUILDINGCD i I I I -- ---------- --- ------------------------� I I I El— Lij a ' I PROPOSED PROPERTY UNE I I 1 `n -+ I-- PROPOSED 10' PUE. EXISTING 30' SD I I , I 1 s" I NOTE: ALL OFFSET DISTANCES MEASURED AT RIGHT ANGLES. I I EXHIBIT "B" PAGE 4 OF 4 THIS WALL AND F0011NG IS AN END WALL AND THEREFOR HAS MINIMAL BEARING LOADS. PRO. BUILDING — EX. GRADE — — — — — FORTIFIED BUILDING 2' MIN. DEPTH FOOTING (SEE DETAILS BELOW) I a PRO. GRADE 2' MIN. WIDE PAVEMENT 1.95' BUILDING 0 u ENCROACHMENT ui I 1 EX. 24" CLASS III PIPE—Q I I 10.0' 10.0' EXISTING 20' STORM DRAIN EASEMENT PER DOCUMENT NO. 2001-0051153, O.R.F.C. CROSS—SEC11ON VIEW NOTE: REBAR IN FOOTINGS PER ENGINEER'S SCALE: 1" = 5' FOUNDATION PLAN SPECIFICATION. FOOTING DETAIL FOOTING DETAIL ENCROACHMENT 1 ENCROACHMENT 2 110.0' I 10.0' 110.0' 110.0' 1 10.0' 110.0' ' EXISTING 20' STORM DRAIN EXISTING 20' STORM DRAIN EASEMENT PER DOCUMENT I ASEMENT PER DOCUMENT L NO. 2001-0051153, O.R.F.C. I I I 0. 2001-0051153, O.R.F.C. a 4.0' I- i I Z 4.0' F` I I —EX.-24; _ EX._24' SD o X I I cn I W IN I 0 1 I IX, I I I I , 1 5 1 I W IO N < 1 r I 1 PRO. PROPERTY UNE PRO. PROPERTY LINE r -� i : S , EXHIBIT "C" LEGAL DESCRIPTION FOR REAL PROPERTY (ADJACENT PROPERTY) PARCEL I AND PARCEL J OF PARCEL MAP NO 2011-10,ACCORDING TO THE MAP THEREUF RECORDED MQ 1q 12014 IN BOOK]W OF PARCEL MAPS,AT PAGES -0-4,4- FRESNO COUNTY RECORDS. Page I of 2 EXHIBIT "C» PAGE 2 OF 2 I I i I WEST 6E7TY58UR6 AVENUE -----------� i , I I I ; � PARCEL I I PARCEL H -- -------- -- ----- --- , I � WEST ASHCROFT AVENUE w PARCEL J — TO NORTH BRAW EY AVENUE >� b 0 i J w _ of � , N PARCEL FFF PARCEL K Y I -- -- --------------- -- I I z ' a � � I I 20 PARCEL L i PARCEL EEE 4 WEST HOLLAND AVENUE TO NORTH VALET IINE AVER E ------- ------- -------- -- 4 � PARCEL TT A PARCEL M 4' P � r CERTIFICATE OF ACCEPTANCE In accordance with the provisions of 27281 of the Government Code of the State of California, this is to certify that the interest in real property conveyed by the attached instrument dated March 21, 2014, from Don Pickett & Associates, Inc. and Brawley Business Park, LLC, to the Fresno Metropolitan Flood Control District, a California public corporation, is hereby accepted by the undersigned General Manager-Secretary on behalf of the Board of Directors of the Fresno Metropolitan Flood Control District, pursuant to authority conferred by Resolution No. 2004-455 of said Board of Directors adopted December 15, 2004, and said District hereby consents to recordation thereof by and through its duly authorized officer. Fresno Metropolitan Flood Control District, a California public corporation Dated: By: Zal/�i►a[. Bob Van Wyk General Manager-Secretary brawl ey-p icketl(mw)coa-land-bv%N,