HomeMy WebLinkAboutFresno Irrigation District - Encroachment Agmt Herndon Canal No 39 and Gould Ext No 151 - 2009REPORT TO THE CITY COUNCIL AGENDA ITEM NO. IL
990911 -MEETING 7//lo
July 16, 2009 tri: aZ 7
rm xwae
FROM: PATRICK N. WIEMILLER, Director
Public Works Department
BY: EFREN BANUELOS, Assistant Director
Public Words Department, Capital Management Division
MARK M. JOHNSON, Prefect Manager it
Public Works Department, CapHal Management Division
SUBJECT: 1. ADOPT CEOA NOTICE OF EXEMPTION, PURSUANT TO
SECTION 15302(8)/CLASS 2 OF THE CEOA GUIDELINES, FOR
THE NINTH STREET PEDESTRIAN BRIDGE
2. ADOPT CEOA NOTICE OF EXEMPTION, PURSUANT TO
SECTIONS 15301(C)/CLASS 1 AND 15304(HpCLASS 4 OF THE
CEOA GUIDELINES, FOR THE DEL MAR PEDESTRIAN BRIDGE
3. APPROVE ENCROACHMENT AGREEMENTS WITH FRESNO
IRRIGATION DISTRICT (FID) TO CONSTRUCT TWO
PEDESTRIAN BRIDGES ACROSS FID'S CANALS (COUNCIL
DISTRICTS 2 AND T)
RECOMMENDATIONS
Adopt finding of a Categorical Exemption, Ne Del Mar Avenue pedestrian bridge has no
potential to adversely impact air quality or any order environmental area, therefore, it is exempt
from CEOA pursuant to CECA Guidelirrea-15302(c)/Class 1.
Adopt finding of a Categorical Exemption, the Ninth Street Pedestrian bridge has no potential to
adversely impact air quality or any other environmental area, therefore, it is exempt from CECA
pursuant to CEOA Guidellnes-1530l 2.
Staff recommends that the Council approve and authorize Ne Public Works Director or his
designee to execute bed (2) encroachment agreements to encroach in the area of FID's
easement. The encroachment agreements with FID are necessary for Me construction of two
(2) pedestrian bridges across FID canals. The construction of the Wiseman bridges will provide
public access across the FID canal crossings. The pedestrian bridges are proposed at the FID
Gould Extension No. 51 conal at Ninth Street, south of Dakota, and at FID Hemdon No. 39 at
Del Mar Avenue, north of Shields Avenue. p,=urc.nmrpryr... .r
Report to the City Council
Adopt Finding of a Categorical Exemption and Encroachment Agreement
With FID for Pedestrian Bridges
July 16, 2005
Page 2
EXECUTIVE SUMMARY
Staff has determined Mat the Del Mar Pedestrian bridge, north of Shields Avenue, Me within the
common of a Categorical Exemption. The Del Mer pedestrian bridge has no potential to
adversely impact air quality or any other environmental area, therefore, it is exempt from CEPA
Pursuant to CEQA Guidelines -15302 (c)/Class 1.
Adopt finding of a Categorical Exemption, Me Ninth Street pedestrian bridge, south of Dakota
Avenue, has no potential to adversely impact air quality or any other environmental area,
therefore, it is exempt from CERA pursuant to CECA Guidelines -15302 M)/Class 2.
FY 2008 City Council appropriated $50,000 from Me Badlands Trail Project Into Contingency.
The funds Were designated to he used for pedestrian Improvements adjacent to Irrigation
canals.
Staff recommends that Me Council approve and authorize the Public Works Director or his
designee to execute two (2) encroachment agreements to encroach In Me area of FID's
easement. The encroachment agreements with FID are necessary for Me conahvctian of two
(2) pedestrian bridges across FID canals. The construction of the pedesMan bridges will provide
public access across the FID canals as part of a Suggested Ronda to school and allow access
over FID canals to prevent direct unprotected canal crossings. The pedestrian bridges are
proposed at the FID Gould EMension No. 51 canal at Ninth Street, south of Dakota, ant at FID
Hamdon No. 39 at Del Mar Avenue, north of Shields Avenue.
BACKGROUND
Staff has determined that Me Dal Mar Avenue pedestrian bridge, north of Shields Avenue, fits
within the definition of Categorical Exemption as set font in CERA Guidelines, SWIM 15301
(c)/Class 1 exemption. The minor alten tion of existing public facilities, such as sheets,
sidewalks, etc., involving no expansion of use beyod Mat existing W this time, are exempt from
CEOA requirements. Section 15304(h)IClass 4 exemption reads: Me creation of bicycle lanes
on existing rights-ot-way, Class 4 consists of minor public or private allegations in Me condition
of land, water, andlor vegetation which do rot Involve removal of healthy, mature, or scenic bees
except for forestry and agricultural purposes. The Pedestrian bridge at Del Mar Avenue is
Proposed to be built within the existing Hamdon Canal easement and does not Involve Me
removal of healthy, mature or scenic trees.
Stag has determined Mat the Ninth Street pedestrian bridge, scrum of Dakota Avenue, fits Within
Me dentition of Categorical Exemption as set forth in CEQA Guidelines, Section 15302(b)/Class
2 exempbon which reads: replacement of a cammardal structure with a naw structure d
substantially me same size, purpose, and capacity. The replacement of exuding fadlllles, such
as sidewalks, bicycle, and pedestrian trails, involving no explanation of use beyond that existing
at this time, are exempt from CEQA requirements.
FY 2008 City Council appropriated $500,00 from Me Banksina Trail Project into Contingency.
The funds were designated to be used for Washed improvements adjacent M litigation
canals.
Report to the City Council
Adopt Finding of a Categorical Exemption aid Encroachment Agreement
With FID for Pedestrian Bridges
July 16. 20N
Page 3
The City Council approved $60.000 set forth in PART III of the Annual Appropriation Resolution
No. 2007-214 from the existing Contingency that City Council appropriated from the Bankside
Treil Project for pedestrian facilities adjacent to irrigation canals. The revised allocations will be
dealt for preliminary engineering for pedestrian facilities adjacent to inigation canals that are
Pad of the previously approved Hemdon Camel Bankside Trail capital project, The funding will
provide for consulting services to design and engineer pedestrian improvement projects to allow
Protected access over Fresno Initiation District (FID) canals to prevent unprotected canal
crossings.
Staff identified four (4) locations where pedestrians have direct access to FID canals. Public
Works proposed to solicut and hire a consultant to design pedestrian crossings over FID canals
and/or barriers to discourage unprotected pedestrian travel through the canals. City staff
negotiated in good faith to hire a consultant to Provide design services for pedestrian crossings
over FID canals. The City was unsuccessful in Secuntg a consultant within budget constraints.
City Design staff is providing the design and engineering for Me two above-mentioned
pedestrian bridges.
1. East side of Cedar Avenue, south of Dakota Avenue; this site utas denfified as needing a
banner and extending an existing sidewalk to an existing bridge crossing. The barrier will
discourage pedestrians from directly walking into the canal add will provide a safe pant of
travel. This project was designed and completed In 2008 by City maintenance forces.
(Council District 4)
2. Ninf Sheet, south of Dakota; there is an existing Pedestrian crossing over the FID canal.
Due to Ie poor condition of the bridge and pedestrian banner, they both need b be
replaced. This project is being designed by Me City. The encroachment agreement with FID
is necessary for the construction of a pedestrian bridge to allow safe access over FID canal
to prevent direct canal crossings. (Council District 4)
3. At the intersection of Clark Street and Floradora Avenue. It was determined by Public Works
and FID that a pedestrian bridge was not necessary at this location, This location would not
serve as a Suggested Route to School and was eliminated as a possible pedestrian bridge
crossing. (Council District 7)
4. Del Mar Avenue at the canal, north of Shields Avenue; Iia site has been idenVied as
needing a pedestrian bridge W allow access over FID canals W prevent unprotected direct
canal crossings. The nearest crossing Point over the canal is approximately one thousand
free hundred feet (1,300) west of this location at Maroa Avenue and Contend Avenue.
To alleviate this inconvenience and discourage welding through the canal, Public Works Is
proposing to Install a banner and designated pedestrian crossing over the FID canal. The
encroachment agreement with FID is necessary for the conshudlon of a pedestrian bridge
to allow access over FID canal to prevent curl canal aossirins. (Counal District 7)
The encroachment agreements with FID are necessary for the construction of two (2)
pedastran bridges. The construction of the pedestrian bridges will provide safe public access
across the FID canals as part of a Suggested Route to school and allow access over FID canals
W prevent direct canal crossings. The pedestrian bridges are proposed at the FID Gould
Report to the City Council
Adopt Finding of a Categorieel Exemption and Ervxoeehmem Agreement
With FID for Pedestrian Bridges
July 16, 2009
Page 4
Extension No. 51 canal at Ninth Street, south of Dakota, and at FID Herndon No. 39 at Del Mar
Avenue, north of Shields Avenue.
Staff recommends that the Council now authorize the Public Works Director to execute the
encroachment agreements on beha9 of the City of Fresno.
The City Aftonl9)'s Cffios has reviewed and approved to form the atechad encneachmanl
agreements.
FISCAL IMPACT
There will be no impact W the City's General Fund
rrrvrenoiw...
�m cEw wus a sm -*.o a.e eau.. ro rsr rn sw
Attachments: Fiscal Impact Statement
Categorical Exemptions
Encroachment Agreements
FISCAL IMPACT STATEMENT
PROGRAM: M00313- PEDESTRIAN BRIDGE CROSSINGS ACROSS FIG CANALS
ANNUALIZED
COST
TOTAL OR
RECOMMENDATION
CURRENT
Direct Coat
$0.00
Indir Costs:
$60.000
Con0ed management.
design coongnation, Mn.
(estimated)
TOTAL COST
WOOD0
A6tlRicnal
Revenue or SaNngs
Generated
-0-
Net
Nd City Cost
Amount B Wgeted
(If none budgeted,
identify source):
$60.000
Indirect coat monists of Me tdloving:
Project Management
$20,000
Design
$30,000
Preliminary Surveying
$S,MO
Pdntino Purcbas na dc
t
$s Wg
Total
$60,000
ANNUALIZED
COST
CITY OF FRESNO
CATEGORICAL EXEMPTION
ENVIRONMENTAL ASSESSMENT NO. EA4BO6
THE PROJECT DESCRIBED HEREIN IS DETERMINED TO BE CATEGORICALLY
EXEMPT FROM THE PREPARATION OF ENVIRONMENTAL DOCUMENTS
PURSUANT TO ARTICLE 19 OF THE STATE CEOA GUIDELINES.
APPLIGMIT: Cly of Fredw (Conch Nero JOMeon)
Pudic WOMB DepeMunl
25UD Fresno Sbset
Fresno, Cf ihmnia P3121
PROJECTLOCATION: Pndeddan bridge neer NOM NIdh Street. sauM of East DaIva Avenue
PROIECTGESCRIPTTON: The Cdy of Fresno Is Pmpodng la repscs an ene3rg peaoural 1uhl
whit omfcee Ilse pry Creek Canal neer NOM NNd Steell loud of Ee d
andel omAvenue. TMrwwbndge wdopnalnmgobfe
dna e.reafinm
exduree, The pmleclafunded by Measum asure-cWr �Y
role PrOPW Is examPl urflar Sonmin 1531NOYCleaa 2 of IM CelNemle EnNronmeebl Quality Ad
(CEGA) Guldellma.
EXPLANATION: Section I (byCka32 exemption reeds: repascemem d e commemal
STINAIrs ftlm a new mmters of subafanusiyfM serve etre, popcee, and
aspactY. The WrAn Rldf d lbdg still ouch as snowfall blcyc
nd peaesWn ends, Involving no expansion d Use beyond dot essdg
at tns the, are exempt irem CEOA regdreniens.
Dan: June 18,2M
Prepend By. ler I T ro, B nor
Submlaed by.
e en sz
Panning Man Per
Cal of Fmarm
(terming and Govenpnnnl GepeMleni
(E59)821-8217
CRY OF FRESNO
CATEGORICAL EXEMPTION
ENVIRONMENTAL ASSESSMENT NO. EA -09-e7
THE PROJECT DESCRIBED HEREIN IS DETERMINED TO BE CATEGORICALLY
EXEMPT FROM THE PREPARATION OF ENVIRONMENTAL DOCUMENTS
PURSUANT TO ARTICLE 19 OF THE STATE CEOA GUIDELINES.
APPLJCANT: Cly of Frewo(Contad: Me* Johnson)
Public WORM; Department
2600 Friend Sheet
Freane, California 93721
PROJECT LOCATION: HemOon Canal, adjacent R, Nunn Del Mer Avenue between Eaut Fencre
and EM COr larM Avenues
PROJECT DESCRIPTION: The City Of Fresno Is proposing to OOMW a PedeeMen bridge whin Me
Herndon Cenel eesemem. The bndpe art cenuln approach fencing, a
walkway and other routed ahuoturae, a poison of which will be busted
whindxMhgdgMgf y.Theprojectbfulledby Measure"C"funds.
This prolect Is exempt under Sections 15301(cyClaee 1 and 11304MYClm sol Me GlBemle
Envlronmemsl Oually Sot (CEOA) Guidelines.
EXPLANATION: Under to Broom 1E301(cVClws 1 exemption, pia minor alteration d
uesng PM'n fntl00es, such as Slovene, sidewalks, ek.. Involving no
axparebn d use beyond Men 10hoinp at Mu its. are exempt but CEOA
requiraments. Section IdW4(hyClaw A exemption mode: Me creation of
bicycle lanes on Mosserg righta.of-way Cues a 00m uuof minorpudic or
Private a0em0ons In Me cond0lon of land, water, w Wm vegetation which
SO not Involve removal of hearty, mature, scenic trade except for forestry
rt ryoe
aagmulbrel puvd. The Pedestrian bWpe Is proPeed IS W bull(
wlMin the atlatlrp Herndon Canal easement and does not Invdv i to
removal of hastily, mature or SOank hew.
Dem: June 20, M9
Prepared By Israel Trejo, Pi
BubWlled by
p1e
Punning Manager
Cly of Fresno
Plennbp Rod Development Deparmant
tb59)82f A2TT
r1 c FnERq
elr li"15vinelnminea
r..Wr.e e
FR£9NO IRRIGATION DISTRICT
I90 J SOUTH MAUI£ AV£NL'F.
FR£SNA CA 93723-2218
ENCROACHMENT AGREEMENT
LOCATION: WW SHIELDS& BLACESTONE AVENUES
APN:
CANAL: HERNDON NO. 39
THIS AGREEMENT is made effective as of �/ 2W9. by and between the City of
Fresno, a municipal corporation ("City') and Irrigation Districl, a California irrigation
district F'District"), with respectto me following facts:
A. District is the owner ofa canal easement and right-of-way for its Herndon No. 39
Canal and related facilities (tire -Canal"), FID's easement for the Canal div ides North Del Mar
Avenue between East Fedora and East Contend Avenues (the Easement")
B. City desires to encroach into the Easement to install and maintain a pedestrian
bridge stratum connecting North Del Mar Avenue over the Cevl, along with related abutments,
approach fencin& walkway and other related meactures as shown on Exhibit 'A" attached hereto.
incorporated herein by this reference line 'Emir achments'').
C. District is willing to allow me Encroachments described above on the terms and
conditions Net Iorth or this Agreement.
THEREFORE, in consideration of the mutual covenants and conditions contained in this
Agreement, the parties agree as but lows:
L Enereachmmnt for Pedestrian Bride. District hereby consents to Cue
installation, maintenance or removal of the Encroachments within the Easement, subject to the
pmamouat right of District to the full and beneficial use nod enjoyment of the Easement. Prior to
in No WYMOmS-11615-016mm Amend
installation of the Encroachments. City shall submit o District for Districts approval a site plan
which clearly indicates the nature, ane. material and location of all Encroachments to be installed
within the Easement. All Encroachments shall he installed in accordance with the approved site
person a schedule approved by District to avoid interfamace with District's water delivery and
maintenance schedules. District shall have the right to inspect the installation ofthe
Encroachments to confirm conformance with the site also. City acknowledges and agrees Nat
District's right to approve the installation and construction of the Encroachments as provided in
this Agreement fi) is solely for the bmmtit of District, hl that not assign to District any
responsibility for the safe and proper construction of the Encroachments, and (iii) shall not result
in District's assumption of any liability for the Encroachmme,
1 Coslsof Encroachments. City shall bear all costs ofinshlling, maintaining
requiring and replacing the Encroachments.
3. Maintenance ofEncroachmonts. City shall at all times maintain the
Encroachments sa as not to interfere with the normal operation and maintenance of the Canal.
Should City fail to maintain, again or replace the Encroachments. District shall have the right
(but not the obligation) to pci form any maintenance, repair, replacement, or removal necessary
for District's unhindered use of the Easement following moralistic written notice to City. City
shall be responsible to reimburse District on demand for any reasonable cost incurred by District
in connection with the Encroachments. with interest at the rate of Iflaper annum on any unpaid
balance of said casts to accrue starting 30 days after written demand for payment is made.
4. Reparof Canal. City shall repair or replace at City's sole expense any portion of
the Canal damaged by or as result of the installation; maintenance, repair or replacement of any
of the Encroachments. In the event City fails, neglects, or refuses to repair or glace the
damaged portions of the Canal within 30 days after written notice Earn District or otherwise fails
to proceed diligently in repairing or replacing any damaged gonion of the Canal. District shall
have Me right, but shall not be required, to make any such repairs or replacemcros, and City shall
repay to District the cost of my such repairs or replacement with interest at the rate of IIty per
annum Rom the dalchd amounts were expended by District for such relocation.
5. Increased Maintenance Expenses. The parties acknowledge that, as a result of Ne
installation of the Encroachments, District's cost for maintenance of the Canal may be increased
due in additional reasonable precautions and actions that will be necessary in order to access the
Canal without affecting the Enumerators, The parties shall cooperate in connection with the
maintenance of the Canal, and shall meet and confer regarding the purpond increased
maintenance resulting from the Canal. City shall, within 30 days after written demand from
Distdc4 mandiorse District for the cost of such additional precautions and actions that would not
have been necessary Irthe Encroachments had not been installed, with interest at the rate of] 0%
per amum on any unpaid balance of said costs to accme starting 30 days after written demand for
payment is made.
6. retaliating of Encroachment. City shall comply with all external, shire and local
codes and ordinnnces regarding the installation, maintenance, repair and replacement of any
rmrvo. Nis? M3041615 01 ue,owhucu,
Encroechmrnts. City shall locate, construct and maintain the Encroachments in such a meaner
and of such material as may be required to prevent interference with Distinct s present or future
uses Office Eaaement,
7. TidetoProosarty. All Encroachments installed orcorvsvucted pursuant to this
Agreement shall he the property of City, l'he Easement and the Canal shall remain the property
of District, said City shall haveno right. title or interest therein except as Offsvlyprovided
hdreia Without limiting the generality of the foregoing, the manner. mdhod and time of
conducting and discharging water through the Canal shall be in the sole and absolute control of
District, and the nature said extent of the Easement shall in no way he diminished or rmtdmel by
the Encroachments. Except m herein otherwise provided, neither District nor City shall have any
right, title, or control over the other's property, except as provided by law.
8. No Grant of Read Notwithstanding any other provision ofdds
Agreement, nothing herein shall constitute a grant ofany real property, rights to City. City
acknowledges that all rights required for the Encroachments must be acquired from other parties
(tothe extent that City does not already have such rights). By this Agteament, District is only
agreeing not to object to the location at Encroachments within the Easement (subject to the terns
and conditions set forth herein), and is not purpentng to grant any rights to install the
Encroachments (except as set both herein).
9. Reg ase. District shall not be liable for any damage to the Encroachments, or to
any other City property associated with the Encroachments, that may result from DisbiuPs
operation, maintenance, repair or replacement ofthe Canal, with the exception ofdamage caused
by District's gross neglect of care in performing operations, maintenance, repair, or replacement
of the Canal.
10. No Precedent. 'fhe rights herein granted to City are limited to the
Eneroachmcros and shall not constitute a precedent for the grinning of any other permission for
encroachments upon any other casement or right -of way of District. City acknowledges and
agrees that the rights herein granted are not intc idM to diminish the rights of District in the use
or maintenance of its facilities.
II. Emigra'y.
(a) City shall indemnify. hold hominess and defend District and each of its
directors, officers. employees and authorized volunteers from any arM all loss, liability,
fines, penalties, f r atures, costs and damages (whether in contract, tori or strict liability,
including but not limited to personal injury, death at any time and property damage)
tricurrod by District, City or any other person, and from any and all claims, demands and
actions in law or equity(including attomey'sf and litigation expenses), arising boom
the negligent or intentional acts, omissions or willful misconduct of City or any of its
officers, officials, employees, agentsor authorized volunteers in its ownership or use of
the Encroachments.
Fruits Eu'mrcamrnr
(b) District shall indemnify, hold harmless and defend City and each of its
effects, officials, employees, agents and authorized volunteers from any and all loss,
liability, fines, penalties, forfellems, costs and damages (whether in contract, Ion or strict
liability, including but net IimiteA to personal injury, death at any tine and property
damage) incurred by the City, District, or any other person, and Gum any and all claims,
demands and actions in law or equity lincluding attorney's fees and litigation expanses)
arising from the negligent or intentional acts, omissions or willful misconduct of District
or any of its directors, officers, employees, agents or auntu nzd volunteers in its
ownership, mainternmtee and use ol'the Canal, to the extent that City's liability arises
from its ownership or operation 01 the Encroachments.
(c) In the event of concurrent negligence on the pan of City or any of its
Officers, officials, employees, agents or mothorieed volunteers, and District or any of its
directors, Officers, employees, agents or authouzed volunteers, the liability for any and all
such claims, demands and actions in law or equity for such losses, fines, penalties,
literatures, costs and damages shall be apportioned under the State of California's theory
OfImperative negligence w presently estatahmd or as may be modified hereafter.
(d) Ilia section shall survive termination or expiration of this Agreement.
12. Ex'sfnn R'elns N gRedd. Nothing herein shall be construed as a release or
waiver of tory claim which District may have as of the dale of this Agreement with respect to any
City encroachments within the Easement which do not comply with the teams of this Agreement
or which are oat otherwiseauthomcd by law or by agreement betwcce the parties.
13. '1'emrinalion for Default. Distract shall have the right to terminate this
Agreement upon City's failure to cure a default of this Agreement within thirty (30) days after
wdnen notice [hereof fmm the District, in addition to any other rights District may have at law or
in Nair for such default. Upon such termination, the City shall remove the Encroachments and
repair any damages. to the Canal caused by such removal, at City's expense.
14. Further�u_rances. From time to lbne and at any time after the execution and
delivery hereof, each of the factors, at its own expense, shall execute, acknowledge and deliver
any further instruments, documents and other assurances. reasonably requested by the other party,
and shall take any other action consistent with the terms of this Agreement that may reasonably
be requested by the other party, to evidence or carry out the intent of this Agreement.
I5. Entire Agreement. This Agreement constitutes the entire agmement between the
parties pertaining to the subject maria contained in it and supersedes all prior and
contcmpmaneous agreements, representation and understandings ofthe parties pertaining
hereto. No supplement modification, or amendment of this Agreement shall be binding unless
executed in writing by all of the parties hereto.
lo, Waiver. Waiver army breach of this Agreement by any panybereto shall not
constitute a continuing waiver or 4 waiver of any breach of the same or another provision of this
Agreement.
FID N, 10(s) D039-n61cin enirmdnmen
17. 9indine Effect This Agreement shall be funding upon and inure to the benefit of
the assigns and successors ofthe parries hereto.
18. tele ad Feea. Should any legal action or proceeding he commenced between the
panics hereto concerning this Agreement, or the rights and duties of other party in relation
Oracle, the party prevailing in such action or proceeding shall no entitled, in addition to such
other relief as may ona
be gramed, to recover from the other party its reasonable attorneys and
paralegals' tees and other legal expenses incurred in connection with such action or proceeding.
19. Governing Law. This Agreement shall be governed by the laws of the Slate of
California.
20. Construction, Al I writes used in this Agreement shat l be construed to include the
plural as well as the singular number and vice versa. Words used herein in the present tense shall
include the mine as Well as Ne presents, and wards used in the masculine gender shall include
the feminine and neuter Sunders.
21. Parties int tr t. Nothing in this Agreement, whether expressed or implied, is
attended to confer any rights or remedies on any persons other than the parries hereto and their
respective successor and assigns, nor is anything in this Agreement intended to relieve or
discharge the obligation or liability of any third person to any party to this Agement, nor shall
any provision give any third person any right ofabrogation or action over and against any party
to this Agreement,
22. NO[ICaa. Al l mucus and other communications required under this Agreement
shall be in writing and shall be deemed to have been du lv given (p on the date at sarvice, if
arrived personally on the person to whom notice is to be given. (ii) on the date of service if sent
by teloa pier with confirmation of successful transmission, provided that tritium received by
telecopier after 5:00 p.m. shall be deemed given on the next business day, (iii) on the next
business day after deposit with a recognized Overnight delivery survive, or (iv) on me mind day
after mailing, i (mailed to the party to whom notice is to be given by first clam out, registered or
certified, postage prepaid, and properly addressed as follows:
To District Fresno Irrigation Distinct
2907 South Maple Avenue
Fresno, CA 93725-2218
Atm: General Manager
Fax: (559)233-8227
To City: City of Fresno
Atm: City Engineer
Fax:
MI)NOA s9-0ms.naiscr mmamm,ger
A parry may change its address for notices by providing notice to the other parries as provided
above.
W WITNESS WHEREOF, the parties have executed this Agreement to be effective as of the
dale first above written.
,.City"
CITY OF FRESNO
By
Scott Mozier, Assistant DTiccmq Public
Works Department
ATTEST:
R aE. Kliech �/p7
City Clerk
APPROVED AS TO FORM:
JAMES C. SANCHEZ
City Attorney j�—,,��,p
Dy:W�
Katherine Bradley Date
Deputy City Attorney BI
REVIEWED BY:
E'n Roulades, Assistant Public Works
irccter
Department of Public Works
FIDNu. 2IX [)0391161541 Encuarlin n
`District"
FRESNO IRRIGATION DISTRICT
By —
Jeff Boswell, Presidenr
By.
Gary RAS rneto, Secretary
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STATE OF CALIFORNC, )
ISS.
COUNTY OF/q6�y70 )
On /}%pyy pursonadlyappd— before me,_ (,(p/ Notary Public,
who povNll t e it Webat esatisfactorywledge ohe tthapetson(s)whosenamd theica re
m 4islihN to the within instrument and and that acknowledged to me thastorso /they n the icd the same
n bPerso/their authorized tutility
camcupon beams L and that byblegoms) ar ed, execute on the instrument
the persoo(s), or the mttity upon behalforwhich the person(s) edea, executed Iheioawmcm.
I certify under penalty Orpc�ury under the laws of the State ofCalifomia that the
foregoing paragraph is true and correct. /
rwsns.. ceca
Wins
roar ring- caxxno
cwv - Notary Public
tMcm�u Borert o.= Is ame
STATE OF CALIFORNIA I
ISS.
COUNTY OF
On . before mq J NotaryPublic,
personallyappeared
who provui to me on the basis ofsatislaclory evidence to be the persons) whose nae(s) is/arc
subscribed to the within instrument and acknowledged to me that he/she/thcy executed the same
in hisfher/thoh authorized dapacitAres), and that by hlsdi /their sigoalurgs) on the instrument
the persov(s), or the corny upon hehalfof which the persons) acted, executed the instrument_
I certify under penalty ofpee ury under the laws of Ne State of California that the
foregoing paragraph is toe and eoveeL
Notary Public -
FID
STATE OF CALIFORNIA )
)SS.
COUNTY OF
No. Z ic, haw 11615111 Lnemssamrnt
On )g 1e_�, before me, XEuf QumwY +�auJrc Notary Public.
personally appeared Seor MUZ C1
who proved to me on the basis ofsetisfactory evidence to he the person(s) whose names) Blare
subscribed to the within instrument and acknowledged to me that he/she they executed the same
in his/houtheir authonzed capaciry(ics), and that by his/her/their sig idurep) on the instrument
the personls), or the entity upon behalf of which the Perseids) acted, executed the instrument,
1 coni fy under penalty of perjury under the laws of the Stale of California that the
foregoing paragraph is tme and correct.
STATE OF CALIFORNIA )
)SS.
COUNTY OF
On ,before me, ,Notary Public,
personally appeared
who proved to me on the basis of satisfactory evidence to he the person(s) whose nanrefs) is/arc
subscribed to the within ilumunent and acknowledged to me that WsheAhey executed the same
in his/her/their authorized upacity(iod. and that byhis/her/their signaturc(s) on the instrument
the petaon(s), or the entity upon behalfof which the personls) amei, executed the instrument.
I certify under penalty ofpepury under the laws ofthe Stale of Calif anal that the
foregoing proncruph is me and coma t.
Notary Public
RD NeaW9 W39JI415-0I U oo cjnant
riwtaR-kI0
on auks ecce D"snon
,_,.axa.e�
FREsissi sturA r/UN D/SPR/[r
2907SOUT11 sLAPG£AVFNb£
FRESNO. CA 93]25-2218
ENCROACHMENT.AGREEMENT
LOCATION: S/E DAKOTA AVENUE& NINTH STREET
APN:
CANAL GOULDEK'1'ENSIONNO.15i
THIS AGREEMENT is cede d4clive as wr/dt 229, 2009, by and between the City of
Fresim, a municipal corporation ("Cit.') and the Fresn��``�-pttiun District, a California irrigation
district (..Distdef ), wilh mspect to the following facts:
A. District is file owner of a canal easement and right-of-way recorded on November
21, 1978 as Document Number 130063 Official Records of Fresno County, for its Gould
Extension No, 151 Canal and relanal facilities, as shown on Exhibit "A" attached hem o.
incorpnmvrl harem by this mference (the "Easement").
D. City desims to encroach into the Easement to remove an existing pedestrian
bridge, and to install and maintam a new bridge, abutments, approach fencing, walkway and
other related structures as drown on Lxbibit `H^ atached heretm incorponowl herein by this
reference (the "Encroachments").
C. District is wi l ling to allow the Encroachments described above on the fvms-and
conditions set forth in this Agreement.
THEREFORE, in consideration of -the mutual covenants and conditions con Wined in this
Agreement, the parlisa aguee. as follows:
1. Encroachment Pedestrian r _ District hereby consents to City's removal
of life existing pedestrian Endre and related stmctums, and to file installation, maintenance or
removal of the Encroachments within the Easement subject to the paremm nt night of District to
9m rvu'009.D 151 1161s432 Ems,"nmml
/
Me full and heneficIa] use and enjoyment of the Easement. prior to installation of the
Encroachments. City shall submit to District for D idners approval a site plan which clearly
indicates the nature, size, material and location efall Encroachments to be installed within the
2. Easement. Removal ofthe existing bridge and installation ofall new
Encroazhments, shall be in accordance with tlm approved site plan on a schedule approved by
District to avoid interference with District s water delivery and maintenance schedules. District
shall have the right In inspect the Installation of the Encroachments to confirm conformance with
thesite plan. City acknowledges and agrees that District'a right to approve the installation and
construction of the Encroachments as provided in this Agreement (i) is solely for the benefit of
District, (it) shall not assign to District any responsibility for the safe and proper construction of
the Encroachments. and (iii) shall not result in District's assumption of any liability for the
Encroachments.
3, Costs of Eneroachmems. City shall bear all costs ofremoving the existing
pedestrian bridge and relntcd sWctures, end ofinstalling, meinttintntg, repairing and replazing
thetncroaehments.
4 Maintenance of Encroachments. City shall at all times maintain the
Encroachments so as not to interfere with the normal operation and maintenance of the Canal.
Should City fail to maintain, repair. or replace the Encroachments. District shall have the right
(but not the obfigation) to perform sty maimenence, mime. effacement, or nmwal necessary
for District's unhindered use ol'the Easement fallowing reasonable written notice to City. City
shal I be responsible to reimburse District on demand for any reasonable cast incurred by District
in connection with the Encroachments, with interest at the rate of 10% per annum on any unpaid
balance of said costs to accme starting 31)days after writer demand for payment is made.
5. Reser of Canal, City. shall repair or replace at City's sole expense my portion of
the Canal damaged by or as a result of the removal of the existing pedestrian bridge and the
installation, maintenance, repair or replacement of any of the Encroachments. In the event City
fails, neglects, or refuses to repair or replace the damaged potions of the Canal within 30 days
alter written notice from District or otherwise fails to proceed diligently in repairing or replacing
any damaged portion of the Canal, District shall have Me right, but shall not he squired, to make
any such repairs or replacements, and City shall repay to Distinct the cost of any such repairs. or
replacement with interest at the rate of 10% per annum from the data(s) mounts were expended
by District for such mlecation.
6. lncrcosed Maimcnance Fxoens_es, ate parties acknowledge that, as a result of the
installation of the Encroachments. District'a cos; for maintenance of the Canal maybe increased
due to additional reasonable precautions and nbons that will be necessary in order to access the
Canal without affecting the Eneruachments. The parties shall coopente in connection with the
maintenance of the Canal, and shall meet and confer reyardi ng be punponN increased
maintenance resulting from the Canal. City shall, within 30 days alter written demand from
Districts reimburse District Por the cost of such additional precautions and actions that would not
have been necessary if the Encroachments had not been installed. with interest at rate of 104
Fm NoOWa-OI51-1Ifi15L]lnmmcM1irtm o
per annum on any unpaid balance of said costs to premeditating 30 days after written demand for
payment is made.
7. Installation of Encroachments, City shall comply with at I federal, state and local
codes and ordinances regarding the removal of the existing pedestrian bridge and the instal Iation,
maintenance, repair and replacement of any Encroachments. City shall locate, consamen, and
maintain the Encroachments in such a manner and of such material as may be required to prevent
interference with District's present or future uses of the Eosemenl.
g. Titleto Prall All Encreachmems installed orconsmucted pursuant to this
Agreement shall be the property obCity. The Easement and the Coca] shall remain the property
of District, and City shal I have no right, tide or interest therein except as expressly provided
herein. Without limiting the generality of the foregoing, the manner, method and time of
conducting and discharging water through the Canal shall be in the sole and absolute central of
District. and the nature and extent of the Easement shall in no way be diminished or restricted by
the Encreachmenta Except as herein otherwise provided, neither District nor City steal l have my
right, title, or control over the other's property, except as provided by law,
9. NO Grant ofRealP Rah . Notwithstandingaayotherpmvisionof Ws
Agcemen,nothing humin shall constitute a grant ofany mal property, rights to City City
acknowledges that all rights required For the Encroachments must be acquired from other parties
(m the extent that City does not already have such rights), By this Agreement, District is only
agreeing not to object m the location of Encroachments within the Easement (spbjG to the terns
and conditions set both hernia), and is not purporting to green any rights to install the
Encroachments (except as sa forth herein).
lo. Release. District seal not be liable for any damage to the Enemazhments. or to
any other City property associated with the Encroachments, that may result from District's
operation, maintenance. repair or replacement of me Canal with the exception of damage caused
by District's gross neglect create in performing operations, maintenance, repair, or replacement
of the Canal.
it. No Precedent, The rights herein granted to City are limited to the
Encroachments and shall not constitute a precedent for the ginning of My other prnnission for
encroachments upon any other easement or right-aGway of District. City aeknowledgesand
agrees Mat he rights herein granted am not intended to diminish the rights of District in the use
or maintenance of its facilities.
12.. Indemnity.
(a) City shall indemni fy, hold harmless and defend District and each of its
directors, mincers, employees and authorized volunteers from My and all loss, liability,
Rues, penalties, forfeitures. costs and damages. (whether in contract, tot or strict liability.
Including but not limited to personal injury, death at any time and property damage)
mored by District. City or any other person, and tram any and all claws, demands and
lions in law or equity (including attorney's fees and litigation exponsue), arising from
am Nm 2W4ms IJarS xEnememmlm
the negligent or intentional acts, omissions or wi l l fol misconduct of City or any or its
officers, officials, employees, agents or aadtodzed volunteers in its ownership or use of
the Encroachments.
(b) District shall normally, hold harmless and defend City and each of its
officers, officials, employees, agents and auPoorized volunteers from any and all loss,
liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict
liability, including but not limited to personal injury, death at any time and property
damage) incurred by tlm City, District, or any other person, and from any and all claims,
demands and actions in law or equity (including edorner, s lees and litigation expenses)
arising from the negligent or Intentional acts, emissions or willful misconduct of'Disviel
or any of its directors. Officers, employees, agents or authorized volunteers in its
owners hip. maintenance and use of the Canal. to the extent that City's liability miser
fiom its ownership or operation of the Encroachments.
(c). In the event or commercial negligence on the part of City or any of its
ofTcem, officials, employees, agents or authorized volunteers, and District or any of its
directors, officers, employees, agents or authorized volunteers, the liability for any and all
such claims, demands and actions in law or equity for such losses, fines, penalties.
foh itures, casts and damages shall be apportioned under the State of California's theory
of comparative negligence as presently established or as may be modified hereafter.
(d) This section shall survive termination or expiration of this Agreement.
13. ExisElnRiight Not Ar dM. Nothing herein shall be construed Asa releaseor
waiver of any claim which District may have as of the date of this Agreement with respect to any
City encroachments within the Easement which do not comply with the terms or this Agreement
Or which arc not otherwise authonzcd bylaw or byarpoement between me panics.
1q. Formulation for Default.. Diapid shall have the right to terminate this
Agreement upon City s failure to cure a default ofthis Agreement within thirty (30) days after
written notice thereoffmm the Disldd, in addition In any other rights District may have at law or
in afwty for such default.
15. fnmher Assures. From time to time and at any time after the execution and
delivery hereof. each of the padies, at its own expense, shall execute, acknowledge and deliver
any Posher instruments, documents and other assurances reasombly requested by the other pony,
and shad) cake any other action consistent with the tames of this Agreemrent that may reasonably
be requested by the other party, to evidence or tarty out the intent of this Agreement.
10. Entire Agreement. This Agreement conslitntes the entire agreement between the
parties pertaining to the subject matter commistrl in it and supersedes all poor it
contemporaneous agreements, representations, and understandings of the parties penaisu ig
hereto. No supplement, modification, or amendment of this Agreement shall be binding unless
executed in writing by all of the parties hereto.
PID rvp u0s-D15e11615 02 mem¢1imem
17. Waiver. Waiver of my breach of this Agreement by any party Hereto shall not
naticate a continuing waiver or a waiver ofany breach of the same or another provision of this
Agreement.
18. Binding Effeel. This Agreement shall he binding upon and inure to the benefit of
the assigns and successors of the parties hcrem.
19. Lucas. Should any legal action or prucceding be commenced New eenthe
Parties hereto conceming this Agreement, or the riehts and duties or either party in relation
therdo, the party prevailing m such action or proceeding shall be entitled, in addition m such
other rel ic£as may be granted, to recover from the other party its reasonable attorneys' and
paralegals' &es and other legal expenses incurred in connection with such action or preceeding.
20. GOveming Law. This Agreement shall be governed by the laws ofthe State of
California.
21. Construction. All words used in this Agreement sbd11 be cmrsmsd to include the
plural as well as the singular number and vice versa. Words used herein in the present tense shall
include the future as well as the present, and words used in the masculine gender shall include
the feminine and neuter genders_
22. Panics in mtemst Nothing in this Agreement, whether expressed or implied, is
intended to confer any rights or remedies on any persons other than the parties hereto and their
respective successors and assigns, nor is anything in this Agreement intended to relieve or
discharge the obligation or liability crony third person to any patty to this Agreement, nor shall
any provision give any third person any right of subrogation or action over and against any party
to this Agreement.
23, Notices. A 11 natives and other communications Marriott under this Agreement
shall be in writing and shall be deemed to have been duly given (i) on the dam or service, if
served personally on the person an whom notice is m be given, (a) on fie date of service ifscnt
by telecopier with conlimlation ofmccessml hansmismon, providod that notices received by
tommigier after 5:00 p.m. shall be deemed given on the next business day, (iii) on the next
business day under deposit with a recogNzed overnight delivery service, or (iv) on tic third day
alter mailing, if mailed to the party to whom notice is to be given by first class math regismrd or
coni tied, posmge-prepaid, and properly addressed as follows:
To District: Prose Irrigation District
2907 South Maple Avenue
Fresno, CA 93725-2218
Attn: General Manager
Put: (559)233-8229
Fm Na. 20W.n 151-11615.02 F.nvoavhmmr
To City CityofFmxno
Alm: City Engineer
Fax
A party may change its address for notices by providing notice to the other parties as provided
above.
[remainder afpage MAnno tally left blank]
FID N, Nx9-0151J1615-14 F.nurauh,,M
M WITNESS WHEREOF, the Parties have executed this Agreement to be etrective as of the
dam first above written.
'City"
CITY OF FRESNO
BY
Scott Mosier, Assistant DiW Pubhe
Works Department
ATTEST.
R ccs. E.KIi�~y(EZloq
C yClerk
APPROVED AS TO FORM
JAMES C SANC'HEZ
City Attorney
BY: � I
Katherine Bmdley DAte
Deputy City AttomeY III
REVIEWED BY�)
En Bshuelos, Assistant Public Works
rector
Departmentof Public. Warks
FID Ne2009.DI6111015 02 Enam¢hMni
"District"
FRESNO IRRIGATION DISTRICT
By JeFFR swelrdent
By.
Gary Rato, Secret
Sae FaBlbit "An atrelhea Ind made a pert M1ereo T.
with a_aecoadary assonant for access to and mono
from
ed as
to
See Exhibit "B" attached and made ap ry hereof e
any pertro£rNa proPorgylreset" Onto ncladed within maid le a ndaryves the ��
to tifor any purpose c cted with Grantors' we of Ceir ed oin e
IaMa o lobi a said 'meis not inchwiatent with r does not in[eerrfetw
Grantee. with nteea' use of its snit eaa®an s or any right herein granted to
IN WITNESS WEEEEGE, Grmve tore hosamcond this Grant
the day am year flnt above written.
Signed and aallarea
in the presence of:
GIs 3758
EXHIE
(NINTH AVENU& PEDESTRIAN BRI EGE 6 GOULD EXTENSION NO 151)
5w 7l% a 55e
RECORDED AT INE xEGEEST OF
An RENXN TO
Mt RVNyE, I G 16
Imd
R4 E
x
a
Aram. anm rO, lli,g Fe
Y
ORIGINAL
TWd
06-Frt-41-27,2
Is(
]5140 xis
CMdT OF 6R.ra6i
WAY
MIS xNOEMVRP, pude and entered
into this
day of Detwer I915 by and between Q. T. WFAwAx
,
.ne vluiE xeu FAUWAx - xn.enna .ne Rite -
g
a. Gt.ntor...m FRFSxO IMOVATtGx DISTRICT, a public corponciw 137 tLs
Couany of from", Stets of Ceilfornir, am Grantee,
o\
WITN E 5 S 8T R:
*yl I>Brmt
Granton Ertl 9001 :M Valuable Consideration, de hereb
is Grantee a DereerwS an _
Sae FaBlbit "An atrelhea Ind made a pert M1ereo T.
with a_aecoadary assonant for access to and mono
from
ed as
to
See Exhibit "B" attached and made ap ry hereof e
any pertro£rNa proPorgylreset" Onto ncladed within maid le a ndaryves the ��
to tifor any purpose c cted with Grantors' we of Ceir ed oin e
IaMa o lobi a said 'meis not inchwiatent with r does not in[eerrfetw
Grantee. with nteea' use of its snit eaa®an s or any right herein granted to
IN WITNESS WEEEEGE, Grmve tore hosamcond this Grant
the day am year flnt above written.
Signed and aallarea
in the presence of:
GIs 3758
EXHIE
(NINTH AVENU& PEDESTRIAN BRI EGE 6 GOULD EXTENSION NO 151)
9a,7: fi 1i•tuf 560
EXNIBIE "A"
ones 1 TEor
aRetportion f act s
1 in National Colony per map recorded In
ea follows. of t page J8, Fresno Cooney Records dvmited
6GGi NNING at the southwest corner of the land conveyed to 0. T.
Germany.9Fee oo Count[ Offirecorded cial a....do va said southwestin .net 6922 bears aR 1'10'06"N.
410.00 feet free he Intersection of the west line of slid lot with the
south line of the north 20 feet of the S. E. k of Steel,, 20, T. 13 5.,
R. 10 E., N. I. M.;
TRENCE (1), along said west line, N.l°10'06"E., 29.58 feet
3H Dan (2). 5.66.21'11' E., 49.63 feet;
MIKE e3). 5.89.49'44"E., 81.41 feet to the east line of the vest 1
acres of said lot;
THENCE Bou, along last said "at line, 5.1'10'06^4 .. 18.86 feet to the
south Ilow of the land conveyed by sold deed;
DRENCE [5), along last said south line, N.89-43'ST'N.. 136.N fee[ to
he point of begioning.
IIIM IN
ui: 23rd"' , ._ Octgbe[�"
Nd INNN N,
wri
xo-.., ix ..Nna. No., off,- N, F, IN.
IN. Ne.e eL.��i.1 N,Nvsw1, al"Ni, e.0 . of........,..w n 1..w .N.. -IN. w.,ovo soli w. w.p, ..,�/-1vvN4.
lillof IN, I Ids owl
New. s �� G. T. Gateway and Nlllle R11 CaaSway,
sax
evow
illif
wn....,• w.•he. wOOMµ F01M
whom
Sanu.Ille_NolRA. 11 OYI� Gloria L. Atl®
Part of lohaenr No. 19140 -NTS, dated Blinker 19, 1938
EXIT A - ^IL�CROpCEMENT AG�RE .fAENT
(NINTH AVENUE PEDESTRIAN BRIDGE 6 GO= EXTENSION NO 151)
="a7!59,'aaE561
ENX1Bli "g"
BEGINNING at the r,aterly terminus of Caurye (2) described In
Mhlbit "A".
THENCE along. Coucaea (2) and $3j 41 deecrlbed In Exhlblt "A", he fallowing
87.41 feet (to the86-21 1e east line of4 the3westtIndl act,, O Be aid let;"E..
Id let;
ITENCE (3), 11,19 paid east line. N.1'l0'06"E.. 13.16 fee[,
(HENCE (4), 5.89'35'06"W., 87.17 feet;
THENCE (5). N.86'31'IP'M.. 48.)0 feet to the ,At lips.. of said lay
THENCE O6). along slid wear tin,. S. PIO'06'W., 12.01 feet to the point
f boginni,g.
Containing 0.0led912 of n acre a
r or less In addition to that
ofrtionDnew e Crews a,",wana l ad and being used far ecce a to and the maintenance
Part of Wcunent No. 79140-M(E, dated Catcher 19, 1978
EXHIBIT A —
(NINTH AVENITE PMESTRIAN BRIDGEMS GOOLO EXTENSION NO 1511
STATE OF CALIFORNIA )
)SS.
COUNTYOFFMW )
On �!!% ,hcrorcin
QiNotary
taryPublic,
personally app me
who proved to me on the basis o' satisfactory cvl "cct a the person(s)whosc name(s}idare
subscribed to the within instrument and acknowledged to me that lielahca'they executed the same
ink,/thou authorized camelay(Ies), and that by.hiW their signamm(s) on the instrument
Me Keele (s), or the entity upon behalf of which the persons) acted, executed the instrument.
1 certify under penalty or perjury under the laws of the State of California that the
foregoing paragraph is We and correct.
rspaxu cstt ---/ h
_ tm.rmrnasa> l(f
r�oes.s' € Notary Public
ulCum,1'gY�LYe11,�V
STATE OFCALIFORNIA )
)SS.
COUNTY OF
On ,ho[uoc mq ,Notary Public,
Personally appeared _
who proved to me on the basis of saliefactory evidence w be the pcmon(s) whose wne(s) is/we
Subscribed to the within instmmem and acknowledged to me that hwid /they executed the some
in bis/ber/Their authorized capaciry(ics), and that by his/her/their signaturc(s) on the instrument
the person(s), or the entity upon behall'ofwhich the persons) acted, executed the minumment.
I certify under penalty Ofpcq ury, under the laws of the State of California that the
foregoing paragraph is we and correct.
Notary Public
STATE OF CALIFORNIA I
SS.
COUNTY OF )
FID No_20g)-m51-I lrlP02 enemu hmeu
lm ul-v AR,1o.,9, before me.Notary Public,
Personally appealed Sir ✓ D' ! E le
who proved to me on the basis ol'satisfactery evidence to he the person( whose nanicKl ue
subscribed to the within instrament and acknowledged to me that he/ybe/yhey executed the some
m his/I o[cor authmixed capaciy(bou, and that by his',bat/t}iar signatmeW on the instrument
the petsn i), or line entity upon behalf ofwhich the persn(s) acted, executed the instrument.
1 cedify under penalty Of limply Ruder the lawsof the State of California that the
Ibregoing Paragraph is nue and correct.
Irtw[m ultxoxrsoeoutx �—'�e
cwxrm nNtw Nomry Public ��'--�
M�aWle� emp
tmpi 11 M1J
STATEOP'CALIPORNIA )
gb.
COUNIYOF )
On _ _, before me. , Notary Public,
Personal ly appeared
who proved to me on lhehasisof antis( tory evidence to be Rha pcmon(s)whose osmo(s)is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized aapacity(ies), and that by hoeher(their signatures) on the instrument
the person(s), or the entity upon behal fofwbich the persan(s) acted, executed the instrument.
I codify under penalty orpeoury under the taws of the State of CaliPomia that the
foregoing paragraph is true amt correct.
Notary Public
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