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HomeMy WebLinkAboutFresno Irrigation District - Easement at Cedar and North Ave. -2009Recording Requested By: Mbbc WO City of From No 140a -0a Cade 6103 and 2]383 ountyRmordiiuuiiiiiiiuiuuiuiiui Robert County Recorder Robert C. Uerner DOC— 2009-0150194 nvvt sats Cepemmen4 cPAIKity �uv W.aa 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 os�mvxr 30[Ob Z8 ?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'.