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HomeMy WebLinkAboutT-5232 - Agreement/Covenant - 6/20/2007 �� ,0610612007,20010111561 Documentary Transfer Tax—S0.00 For the Benefit of:Fresno Metropolitan Flood Control District and Bakman Water Company Recording Requested By and When Recorded Return to: Fresno Metropolitan Flood Control District 5469 East Olive Avenue Fresno,California 93727 Recording Information AGREEMENT FOR COMMON USE OF EASEMENTS ( LOCATION: Tract 5232 APM 313-021-20 � A-) 4A - THIS AGREEMENT, is made and entered into this / day of Octer, 2001, by and between BAKMAN WATER COMPANY,a California corporation("BAKMAN"),and FRESNO METROPOLITAN FLOOD CONTROL DISTRICT,a California public corporation,("FMFCD"), with reference to the following Recitals. RECITALS A. BAKMAN and FMFCD are the holders of easements located within(i)Lots 293 and 294 of Tract 5232 between East Fancher Creek Drive and South Fordham Avenue as shown in Exhibit"A"hereto; and(ii)Lots 279 and 280 of said Tract between East Fancher Creek Drive and South Stanford Avenue as shown in Exhibit "B" hereto. The fact that one of the documents conveying said easements was executed and/or recorded before the other such document does not give it precedence over the later executed and/or recorded easement. B. FMFCD and BAKMAN hereby establish certain conditions under which they shall exercise their respective easement rights. AGREEMENT NOW, THEREFORE, it is agreed as follows: KADesign\misc easements\2006\bakman(tract5232 lots 293-294(bm))(1nm).doc 1 1. Consent to Joint Use of Easements. Each party hereto hereby consents to the use of said easements(i)for FMFCD's construction,operation and maintenance of underground storm drainage pipelines, and (ii) BAKMAN's construction, operation and maintenance of underground water pipelines as shown on said Exhibits"A" and"B" hereto. 2. Non-Interference. Each party hereto shall,at its own cost,locate,construct,and maintain and operate its respective pipelines in such a manner that they will not at any time be a source of danger to, or interference with, the present or future uses of the other, all in conformance with the approved storm drainage plan and the approved sewer and water plan of Tract 5232. 3. Ownership of Pipelines. The storm drainage pipelines constructed by FMFCD shall be the property of FMFCD, and the water pipelines constructed pursuant to this. Agreement by BAKMAN shall be the property of BAKMAN. 4. Relocation of Pipelines. Either party may relocate its pipelines within the easements with the prior written consent of the other party hereto,which consent shall not be unreasonably withheld so long as such relocated pipeline is at least five feet (5') from the consenting party's pipeline. 5. Liability for Damage to Pipelines: a. Each party hereto shall be liable for any damage it causes (with or without negligence)to the other's pipeline so long as such damaged pipeline(i)is located in accordance with said approved storm drainage plan or said approved sewer and water plan,or(ii)has been relocated with the written consent of the other party hereto. b. Neither party shall be liable for damage caused by its construction,operation or maintenance activities (with or without negligence) to the other's pipeline, if such damaged pipeline(i)is not located in accordance with said respective approved plan,or(ii)has been relocated without the such written consent of the other party hereto. The foregoing notwithstanding, if such damage is caused by a defect in or failure of the pipeline of a party hereto,that party shall be liable for such damage, even if the damaged pipeline was not located pursuant to this agreement, or was relocated without the approval of the other party hereto. KADesign\mise easements\2006\bakman(tract5232 lots 293-294(bm))(m1n).doc 2 C. Nothing in this Agreement shall relieve either party of any responsibility to the other for damage to the other's property located outside of the easements. d. Except as described above,FMFCD and BAKMAN shall each be responsible for the maintenance,alteration,improvement and/or relocation of its respective pipelines within the easements. 6. Defense and Indemnity. Each party hereto shall be solely responsible for any and all claims (whether for injury to persons, damage to property, economic loss, taking of property, or otherwise) caused solely by (i) any facilities constructed by it within the easements, or (ii) its exercise of its easement rights,and agrees to defend,indemnify and hold harmless the other party,its directors,officers,employees,consultants and authorized volunteers against any and all such claims. This obligation shall not be restricted to any insurance proceeds. 7. Notices. Except in the event of an emergency, each party shall give reasonable prior, notice to the other before performing or permitting any work affecting the other's pipelines in the easements,and shall furnish the other party,in advance,plans and specifications describing the work to be done. An emergency shall be deemed to exist if immediate action is reasonably required to prevent serious loss or damage, or to protect the public health and safety." In the event of an emergency, no such prior.notice shall be required, and either party,may proceed to do what is. reasonably necessary to prevent serious loss or damage,and to protect the public health and safety, providing the other such notice as is feasible. 8. Prior Approval of Uses by Other Entities. Neither party shall permit installation of facilities in the easements or other use of the easements by non-parties without the prior written consent of the other party hereto. Such other; reviewing, party shall have the right to specify reasonable conditions on,or changes in,the proposed work and schedule when necessary to prevent damage to its facilities or interference with its operations within the easements. 9. Covenant Running With the Land. This Agreement shall be deemed a covenant running with the land, binding upon the parties and their respective successors and assigns in their. easements. KADesignhnisc easements\2006\bakman(tract5232 lots 293-294(bm))(1nm).doc 3 IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year first above written. "BAKMAN" "FMFCD" BAKMAN WATER COMPANY, FRESNO METROPOLITAN FLOOD a California corporation CONTROL DISTRICT, a California public corporation BY: By: Jr"/�0' RICHA TI AN, 6ate BOB VAN WYK, Date President General Manager-Secretary KADesign\misc easements\2006\bakman(tract5232 lots 293-294(bm))(mm).doc 4 s CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California } } SS. F County of Fresno } y On May 18, 2007, before me, Esther Schwandt, Notary Public, personally appeared Bob Van Wyk, personally known to me to be the person whose name is subscribed to the within A. 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. f ESTHER SCHWANDT COMM. #1579424 ; WITNESS my hand and official seal. 31- y cvNOTARY PUBLIC-CALIFORNIA.`- ~(&,my FRESNO COUNTY Comm.Expires June 13,2009 i � f Notary Name: Esther Schwandt Notary Phone: (559) 456-3292 s Commission#: 1579424 Fresno County My Commission Expires: June 13, 2009 A s OPTIONAL Description of Attached Document 11 Title or Type of Document: Agreement for Common Use of Easement f F % Document Date: May 18, 2007 Number of Pages: 4 Signer Other Than Named Above: Richard Tim Bakman s % Capacity Claimed by Signer k Signer's Name: Bob Van Wyk . Corporate Officer —Title: General Manager/Secretary Signer is Representing: Fresno Metropolitan Flood Control District F F Original document bears my embossment t .iacr� ,�i.�szd��r�.rxr�.-r.e. r. .yiei.. i i����i i.r�.�i..ri <s��ac,e< er.3Ra+i. c svr�i�i -uc>ic�if. -i✓n,.iir r.rrcii �. < iu�r�i�w .c!i,.var.✓,e.ir ri�s/�.- . CALIFORNIA ALL-PURPOSE,ACKNOWLEDGMENT State of County of Ondt_ 4r7/— before me, Date Na a and f Officer(e.g.,"Jane Doe,Notary Public") personally appeared Name(s)of Signer(s) ❑personally known to me–OR–❑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 DOROTHY M. PATTON his/her/their signature(s)on the instrument the person(s), COMM.#1430459 or the entity upon behalf of which the person(s) acted, NOTARY PUBLIC•CALIFORNIA FRESNO COUNTY executed the instrument. My Comm.Expires Aug.6,2007 WITNESS my h d and official seal. ture Notary Public O TONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached..Document Title or Type of Document: Document Date: 3A604 Number of Pages: h Signer(s) Other Than Named Above; Capacity(ies) Claimed by– Signer(s) � A t� Signer's Name: � u1ty Signer's.Name: ❑ Individual ❑ Individual Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee _ ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator - ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: ©1994 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 5 2 LA G Jg 295 000,T OL' � P5�/ R=50.00' SEE DETAIL S• L=10.03' 11'293 J' 292 a. 293 .00 �sF SCALE: 1"= 60' S�oNAL LAM. NA CL 1 Ex fres < No. 7985 ,o o F Fp io 294 ` DETAIL I NOT TO SCALE LEGEND 293 AREA OF COMMON USE AND ENCROACHMENT BETWEEN THE FRESNO METROPOLITAN FLOOD co SF CONTROL DISTRICT AND BAKMAN WATER CO., loo / CONSISTING OF 701 SQUARE FEET, MORE OR LESS. (R) RADIAL BEARING —� F.C.R. FRESNO COUNTY RECORDS Le\Projects\2003\03054\Acad\Exhibits\03054-Phnse IRW exhibits.dwg 11/1/2006 202132 PM PST APPROVED BY: DATE EXHIBIT '►A' AMM AS SHOWN DRAWN 9Y: SCALE: JL5 1* - 100' ... COMMON USE EASEMENT CHECKED BY: REVISION: FMFCD/BAKMAN WATER CO. AMM Quad Knopf ' rRA—"NG NO. 03054—RW.dwg 2 282 293 23 T$ g• �, 276 • 0 R=50.00' 277 P p 280/ � 5k�•/ `� L=10.03' SEE DETAIL S• i' =11'293 278 .p\ hry N/O 1l .01 °S 279� lb/dry `- ° Aj h o d� \ NPL LAMD s ` Ex i,res 0 •off cps` 1 \ � 1 r � 28� / No.7985 II/ DETAIL / NOT TO SCALE 279 cpoos / LEGEND oO h AREA OF COMMON USE AND ENCROACHMENT F 0 BETWEEN THE FRESNO METROPOLITAN FLOOD CONTROL DISTRICT AND BAKMAN WATER CO., X` CONSISTING OF APPROXIMATELY 822 SQUARE FEET. (R) RADIAL BEARING SCALE: 1 = 60 F.C.R. FRESNO COUNTY RECORDS L.\Projects\2003\03054\Aced\Exhibits\03054-Phase 1RW exhlbits.dwg 11/1/2006 2102,32 PM PST t EXHIBIT ►►B►► AMMROVED BY: DATE. oRAWN BY. sr:i c• JLS 1 100' COMMON USE EASEMENT CHECKED BY., REVISION: FMFCD/BAKMAN WATER CO. AMM Quad Knopf DanWING NO. 03054—RW.dwg