HomeMy WebLinkAboutFresno Irrigation District - Easement at Cedar and North Ave. -2009Recording Requested By:
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City of From
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Robert County Recorder
Robert C. Uerner
DOC— 2009-0150194
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i Fr149. OCT 30, 3009 10:45:32
Citgo Fenn
City nrFmno
Ttl Pd PA
Wor-9999999779
]690 Ftemo sates
]29/PLS-0
Fmoo. CA 93721-3623
ATTN: Bruce Abbot
2008-099
APN: 487-020-15T (Portion)
pW-2009-14944
EASEMENT ACREEMEN'1'
Ibis Agreement is made effective as of August 122009, by and between (i) the Finano
litigation District. a California irrigWon district ("District^) and (ii) the City of Fresno, a
municipal corporation ("City'), with respect to the following facts:
A. District owns the Fresno Colony No. 24 Crowd and certain surrounding and
property located along the north side of North Avenue and the east side of Cedar Avenue.
B. City desires by construct certain street improvements a the ivtersation of North
Avenue and Cedar Avenue, and desies an easement over that portion of District's rent property
described in Exhibits A and B harem, incoryomtim he eia by rids reference (the "Easement
Atte').
NOWT RSFORE, in ronsidemtim of the mutual rovenmu and conditions confident
herein, dire parties agree as follows:
1. GrantofEasemenl. I striethembypmmto Citymeasementformadwey
purposes and related improvements over, coda, through and serves the Easement Ares, on the
terms and subject to the conditions of this Agreement.
(a) City's installation, mammnance and removal of improvements within the
Easement mea ("Enc echments'") mail not unreasonably inner =with D'istrict's use of
the Fresno Colony No. 24 Canal or my related fmilities ("District Ftellities"). City shall
comply with all federal, stmt end local modes and ordinances regarding the wsmgatiov,
maintenance, repair and replacement of my Evcmmhthmts.
(b) City sball baa ell costs of installing, ounitaimag, repairing and replm:ing
the Encacl meats. Should City fail b maintain, repair, or replace the Encroachments,
Istria shall have the tight (but not the obligatiw) to perform my meietemoce, repair,
replacement, or removal necessary for District's unhindered use of District Facilities
following teasonable written notice m City. City shall M responsible to reimburse
District on demand for any rem ewble cost hauned by District in connection with the
Evaauhments, with interest at the rate of 10% par aurum on my =paid balance of said
costs to accme starting 30 days after written demand for payment is made.
/5
Sorrento RequmW 9y:
Public Works
Gy of Fruiw
No Fee Go" Cuae 6703
red 27383
Public Works Departures,
Gry of Fresno
2fil Fresno Street
Fremo, CA 937213fi23
A9TN: Bruce Abbon
AFN: 487-02 151` Further)
EASEMENT AGREEMENT
This Agreement is made effective as of August (2, 2(309. by and between (i) the Fresno
hrtgndon Dishlet. a California migation dist net (-District") and (it) the City of Fresno, a
municipal corporation I"City"1, with respect to the fednwing facts:.
A. District ow no the Fresno Colony No. 24 Carnal and certain surrounding real
property lecated along the north side of North Avenue and the east side of Cedm Avenue.
If City desires in construct certain street improvements at the transaction of North
Avenue and Cedur Avenue, and desires an casement over that portion of District's teal property
described in Exhibits .A and B hereto, incorporated herein by this reference (the "Easement
Arca").
NOW THEREFORE. in Consideration of the mutual covenants aM conditions contained
herein, the patties agree as follows
I. Grant of Easement. District hereby grants to City an casement for roadway
purposes and related improvements over, under, through and mamas the Easement Ama, on the
terms and subject to the council ions of this Agreement.
(a) C'ity's i natal laorm. maintenance and removal of improvements within the
Easement mea ("Encrocru m add) shall not mor aunably interfere with District's use of
the Fresno Colony No. 24 Canal or any related final ides l"District Foci dies-). City shall
amply with all federal, state and local codes and ordinances regarding the installation.
meinteammer. repair and mplacemeut of any Encroachments.
(h) City that l hear all costs of instal ling.maintaining, repairi ng and replacing
the Encroachments. Should City fral In maintain, repair. or replace the Encroachment.
District shall have the right I bot not The obligation) to Notion any maintenance, repair.
replacement or removal necessary for District's unhindered use of Defeat Fred lies,
following resumahle written sauce to City. City shall he responsible to reimhume
District on demand for any rocrumble cost incurred by District In connection with the
Encroachments, with interest at the rare of 10%Forwarded on any unpaid balance of said
costs to accrue staving 30 days after written demand for payment N made.
tel City shall repair nr replace at City's sole expetuc any District Facilities
damaged by nr as a result of the installation. maintenance. repair or replarmaml of any of
the Encroachments. In the event City fulls. neglects, or refuses to repair or replace any
such damage within ill days after wnuen notice from District or otherwise fails to
proceed diligently in repairing or ruplaeing such damage. District shall have the right, bat
.shall nut be required, to snake any such repairs or replacement and City shall repay to
Di shirt the cost of any such repairs err replacement wish interest at rale of 10% per
month hart the dmela) amounts were expanded by District.
(d) AI I Encroachments installed Or constructed! pursuant o this Agreement
shall be the pmpeny of City. Except as herein otherwise presided. neither District nor
City shall have any right. title, or conrnd over the other's properly. except ax provided by
law
lel Consideration. City shall pay to District the total sum of s5flojoll for the
easement rights granted under this Agreement.
2. bssdellarill .
W Cityshall indenuarv, hold harmless and defend District and each Drips
diranov. officers. employees and authorized volunteers from any and all loss, liabilitg
fines, gmattlec. forkimms.Cors and damages (whether In amtract, ton or srtscl lla able.
ncluding but not limited m personal injury, dealt :n may unto and property damage)
incurred by Dust lot. City or any other person, and (rent any and all claims. demands and
actions in law or equity fi ncludi ng noun 's fres and I high ion expi ansing or
alleged to have Town from the negligent or Intentional acts. omissions or willful
dun of City cranny of its officers, officials, employees, agents or authorized
volonunteers in its use of the Easement Area.
th) In the event of concurrent real lgence on the pan of City or any of its
officers, Officials. employees. agents or authorized volunteers, and District or any of its
directors. officers emplovms. agents or authorized volunteers. the liability far any and all
.such Claims, demands and actions in law or equity for such losse,c. finrs. penvlties.
forfeitures. costs and damages shall be apportioned under the State of Caifteran s theory
of mmparali ve negligence as presently established or as may he much tied humfier.
Time Computation of Time. Time is of the essence of this Agreement and
each and all of its provisions. The parties agree that the time for mourmmnce of any action
permi lied or required under this Agreement shall he computed as if such action were "an act
pmvided by law" within the mcaning of California Civil Code d 10. which pmvidex: ^The time in
which any act provided by law to be done is computed by excluding the first day and Including
the last, an leas the last day is a holiday. and men it is also excluded'
6. Waiver Waiver of any breach of this Agnsmmit by my party hereto shall not
constitute a earlier, no win ver or a waiver of any breach In the same or another provision of this
Agreement.
5. Counterman s This Agreement maybe executed in any numberof counterparts
and each such counterpart shall he deemed to be an original instrument, all of which together
shall consulate one and the mute instrument.
b. Binding Efcct. This Agreement shall "ran with the land" and he binding upon
and are or benefit of the hi executors, administrators, assigns, and .successors of the
ponies hemp.
7. Professionals Fees. Should any action or prosecuting be commenced between the
parties hereto concerning this Agreement, or the rights and duties of any pan) In relation thereto.
the party prevailing in .such action or proceeding shall be entitled, in addi lion to such other relief
as may he granted, to recover from the losing Pan) a reasonable sum for its attorneys .
pari , accountants', and other professional fees and coats incurred In connection with such
when or pnseeding.
8. Notices, All notices and other communications Required tinder this Agreement
.shall be in "none and shall be deemed to have been duly given 01 on the date of service, if
served peconally on the person to whom notice is to be given, Oil on the date of service if sant
by relecopler provided the original is concurrently sent by fiat class mail. and provided that
notices received by telceopler alter 50) p.m. shall be deemed given on the next business day,
I llil on the next business day alter deposit with a recognized overnight delivery service, or I iv) or
on the third Oor day after mailing if mailed to the patty ai whom notice is to be given by first
class "mil. Registered or certified, postage prepaid, and properly addressed as follows:
To District Fresno Irrigation District
2907 South Maple
Fresno. CA 93725-2218
Alto: General Manager
To City: City of Fresno
Atm; Director of Public Works
26W Fresno Street
Trevor, CA 93721
A pan may change its address for notices by providing notice to the other parties as
provided above,
item arnder no pope intentionally felt blank)
Stationary P.ee
This Agreement is executed by the City of Frevno by and through the Public Works Director
of said the City ulFresno pursuant In authority granted by the Council of the City of Fresno
on Ql2tdafitk 191 9
RECOMMENDFD FOR APPROVAL
BY_
K.A." y"lw 'n `
S;rINR71oCawte� Agent
Date tll
RECOMMENDED FOR APPROVAL
BY
Cru L. llnnhn
Supemain Re Ecuve Abrcnt
Dale 5' n_eq
Cm of yp�
By
Patrick N. W r rtcmr
Department of Prbfitywntk,
Address of City.
City of Fmsnr
Public Works Depnnment
2600 Freon Strcet.. Rom 4019
Fresno, CA 93921.62}
ATTEST:
REBECCA K. KUSCH
CoClerk
s' e�
By
wro ID/halo
APN p 4X] -020-M
PWF 108)3
200S-009
15-AA46g
SELLEMSI
Jeff Boswell Pros Dem
Dam ( D
(Juryo Secretary
ecretarye
Meiling Address f.Re11ers.
Foni_ N'a' M
APPROVED AS TO FORM:
JWES C SAN( 'HE]
City Attorney
By R 4-.6-x?
Deputy LtlI
EXHIBIT `A'
APN 487-020-15T (portion)
Street easement
A portion of that parcel of land described in that Indenture recorded November 14, 1932
In Book 1240 at Page 438, Official Records of Fresno County, situated in the Southwest
Quarter of Section 24, Township 14 South, Range 20 East, Mount Oiablo Bess and
Meridian, according to the Official United States Government Township Plat thereof, in
the City of Fresno, County of Fresno, State of California, said portion being more
par iculady described as follows;
COMMENCING at the Southwest Comer of said Section 24; thence S 89043'15" E,
along the south line of mid Southwest Quarter of Section 24, a distance of 30.00 feet;
thence N 0020'08' E, parallel with and 30.00 feet east of the "at line of said Southwest
Quarter of Section 24, a distance of 30.00 feet to the TRUE POINT OF BEGINNING of
this description; thence continuing N 0°20'08' E. parallel with and 30.00 feet east of the
west line of said Southwest Quarter of Section 24, a distance of 10.92 feat; thence
S 48'07'10" E. a distance of 16.45 feet; thence N 89°43'15' W, parallel With and 30.00
feet north of the south line of said Southwest Guenter of Section 24, a distance of 12.31
feet to the TRUE POINT OF BEGINNING.
Contains an area of 67 square feet, more or less.
2c00099
16A M88
PWF 10373
D.-DATAWOM & CededAPN 987-020-15r.doc
EXHIBIT TIBII
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30[Ob
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?I �$ APN 487-020-15T
N FRESNO IRRIGATION DISTRICT
p Qa RIGHT-OF-WAY ACQUIRED IN
2 ❑O FEE TITLE BY THAT INDENTURE
RECORDED 11I1Y18321N BOOK
p 1240 AT PAGE 130, O.R.F.C.
NO SCALE w
€ DD w
W
cot) 2z
54SOPIVE[ 6.45
TRUE POINTOF
BEGINNING NMOIS W
N�JJNW43WW, I231'
I
I EAST NORTH AVENUE 8
pO1NTOF WLIMBlCEMFM I FOUND NO EVIDENCE OF +
SOUTHWEST CORNER PRIANDU EDICATION
OF SECTION 24, 1480 50 431SE30.03�1
_1 SSY431SE
80UIF1 MNEOFTHE SOUTHWES! 1l4 OF SECTION 24,1420
INOYATESPNFATOBECE OIA
6751..±
CITY OF FRESNO ^„��,—'pT No WIN=
2005-088
WA JZ
xN aura
FWF10879 PARCEL T00E LEE THE CRY OF FRESNO Ivl
PUT 3280 ABAN EASEMENT qND RIGHTS WAY FOR
PUBUCBTREET PURPOSES 15-A-8468
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Sate ofCeliferma
County of F2gno
On August 12, 2009 Where:Mme, Lynn d. Rowe, Neu" Republic
npe
personally appeared Jeff Haswell* and Garw R Serrato
..myn�tm,.an
who proved murude Buis afsathlvatury evidence
w be the pvraon(s)whose sulecresol On me
within instrument and uknu bOued to me men
Ws%fdhy xecutM Fee same in bNheihheu authorized
epneityuc,), and man by biuM1./aes signamtew) on the
1e1�Ta�a�W� w Meda mora nenl the petseurs). or Ne Mary upon belulf of
M�O�d W which the IsoMmO need, exxmd me instrument
Ilam Mg I certify under PENAL1 OF PERJURY under he laxu
Of the State of California that The forgoing paragraph is
our, end uumv
n.a vunv.wi 'Ni W`HIVESES�S.my hand TI unrest seal.
OPTIONAL
T `Oht rhs"Vivmaerm hfnw lam' rt9mMby Ins, rYFruwwlmbin to (eraem relYvy'm yrc Ja'umem
nmlercmrW oMren'ma'ImrcrvnjrlTu/m'o nw'her Arcvmen'
Description of Attached Decummeme
Feor TypeoMmmment F.oSement Agrtement
oacnmem nate: August 12,2009 wmrosofpages:4+11xbibRA&H
sivnrm)(ddMThan Named Ahove: KA.'Ibny Jozgain,Cocg L. Hansen, Petrick N. Wiemiller
CapacityHes) Clamed by Signer(s)
Signets Nmne: fetFRmwell Sgnefs Neme'. Gnry RSemro
r Individual r individual
R Cmommu Odicer-Tiffirl) Iusud.AL 6f Cot,mm,01firor-fides): masa Me W,
r PaMer- r LOI r General r PmrM, r Linord r Famous
r Attorney in Fx't r Autrey In Fact
r (most r T..tee
r GwNinnorcnme mor r Chromium or Coruenear
r Other: r Other'.
Sight, ISR Signer Is Represeming'.