HomeMy WebLinkAboutT-5258 - Agreement/Covenant - 8/2/2005 N
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�- y oL� MAY J 11989
f6gdD�T''� AMENDMENT TO ENCROACHMENT AGREEMENT ow"wlao,t rEE "r1
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CANAL: FANCHER CREEK No. 6 FOR: SUNNYSIDE RANCHES
LOCATION: 8/O East California; W/O South Clovis Avenue
THIS AMENDMENT To ENCRoACHMM AGREEMENT, made and
entered into this 25th day of MayF 1yti9 by
and between DICK AILANJIAN and BETTY ROSE AILANJ;AN, trustees,
hereinafter referred to as "FIRST PARTY", and FRESNO IRRIGATION
DISTRICT, a public corporation, hereinafter referred to as
"SECOND PARTY";
SSI THESSETH•
WHERE,hS, F:.st ;arty and Second P;:rty entered into an
Agreement dated September 17, 1982, entitled, "ENCROACHM---� ,
AGREEMENT FANCHER CREE.: 21C. 6", and recorded as Document
83191 on September 29, ;982, Official Records Fresno County, for {
the purposes of installing a wrought iron fence and landscaping
as shown on Exhibit "A" attached thereto, and
WHEREAS, said Parties desire to amend and modify saia
Agreement as hereinatter provided.
NOW THEREFORE, it is agreed as follows: --
Second Party hereby grants t:. eicst Party permission
to maintain various fruit trees up,rr. Second Party's said
easement and right-of-way as shown on Exivibit "A" attached A
hereto, subject, howeve-, to the paramount right of Seco:.9 Party
to the full and beneficial use and enjoymenr. of said easement '
and right-of-way. saio original Exkahit "A', :.f Said
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Order. 85248 Description: 1989.57036 Page 1 of 4 Gent:
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69057036
Encroachment Agreement is hereby supplemented as shown on CA
Exhibit "A" attached hereto. O
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Except for the amendments agreed to hereinabove m
specified, and with such amendments, each and all terms,
covenants, and conditions of the said Agreement shall remain in
full force and effect.
This Agreement shall apply to and bind the heirs,
executors, administrators, successors and assigns of the
respective Parties hereto.
IN WITNESS WHEREOF, the Parties hereto have executed
thin Agreement as of the day and year first above mentioned.
BY: uk7P�: BY:
Dl�Ainj an manager
+ �rAt�iy7 1
BY•
Betty s ilanjian Secretary
"FIRST PARTY" £RPe1nt1 ::Z RATION DISTRICT
"SECOND PARTY"
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Order: 85248 Description: 1989.57036 Page 2 of 4 Comment:
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69057036 m
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C..'•.IrORNiA AVENUE _(LIN£ , 3
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EXHIBIT "A" {s�ppr.►�ent} 1
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Order: 85248 Description: 1989.57036 Page 3 of 4 Co=ent:
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3fAYE: OF CALIFORNIA ss
COtINTY OF FRESNO On this 24th day of MY in the year 19�$� —
f before me-Zhe under ofary Public in as zor sand
State, personally appeared ennetn me on� a
personally known to me or pr:
oath/affirmation oP
a credible Witness Nemo
whose nest is subscribed to the xi in instrumga as a
witness thereto, who, being by tee o deposes and
eaya. YYrat the Mitneso resides in . A--
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witness was er.gt ana 9
iMAYA Y��FMta ick i an s son
atr� '.:' t sc:ibsd to the within
aPRI"�-,e�°�0"Oe''r't ibe: in and Wbr;