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Home My WebLink AboutFMFCD -Tract 5232 Easement - 2010• �b bY: dIIIIIhIIIIVIRIordeIIIIIIIIIIIIIIIIIIIIIIIIIII Remrdlig Requested R605et'1 dff05f Fravon MetnpammEN004 Contra) Distrin DOC— 2010-0155451 &aday. NW ftl did$0,00 19 201010:15;40 And when Racarded, Man to: 10r•O03301303 0F0/R1/1-t0 Fromm Metropolitan Flood Control District 5469 Ent Olive Avenue Emus, CA 99727 "N 3l1i1K) RT(portion) FW -2010.15102 EASEMENT AGREEMENT Al 'THIS INDPIVNRE, made and entered into this; Itet (the"Subsqueat Improvements') other than the Initial Improvements identified herein orders approved in writing by(bnte, mrshalI Grantorconvey soy rights in or futile Area ofpaseruemm affecting Grantee's use order Common or consent to othen doingso Mthom Use wand approval of GmnPee. Grantee shell not be reapomble for replacement, reconstruction or damage to my Subsequent hoprovemmu plead within the Easement. 3. Mutual hsbaemrv. To the fullest extent showed by law, each pray ("indemnifying party") shall indwdfy, hold hersnlms and defend fire other pasty and each of its officers, officials, diumirs, employees, agents and author'mN volunteers firm my and all loss, liability, fines, penalties, forferimas, ensu and damages (whether in convent lost or micf liability, imludivg but not limited to persoml injury dwth m my time sed property damage) incurred by either pasty or my other pem4 and hom my and all claims, demands and actions in law or Nutty (including avomey's fees and litigation experees), arising m alleged to have arisen dhectly or ummerdy from the negligent or intentional acts or omissions, or willPol misconduct of me indemnifying party or my of its officers, officials, directors, employees, agents or authorized volmem w the per<aeftlJ.s Essemrns Agreement including, but not limited to, the 4seof the Area or nice Easement; provided Pending bmem shall mmdmm a wniver by the indemnifying panty, ofgovemmenW immwities including California Govmunrnf Cade Sestion 810 m sell. IM duty to indemnify and defend shall apply to all claims ell liability regardless of whether my insurance policies are applicable and dre policy limits de rot act as a limiumion uponf ue amountof I I I I I l as o_r 4 F: smimw"wen.�aoo�awae"axai�rmrmvaiard�.r.m wnewi I mdcmmfimnon ro be Provided. TNs Indemnifswian obligation shall sa ive tcmimbou or expimlion of Itis Easement Ag mt. PI Wl NESS WHEREOF, the parties have exmaai this P scmmt A®e mt nM Gmnt dre day and year first above w ma. "GRANTOR" Cityofpmm f� BY: Date: ////Fya Swit L. Moser, PE City Engineer/Amis tMwor APPROVED AS M FORM: C�ityyAtmmq By.38a..LL'oC- Datc: li f3 'o Steric L. Mctk Deputy City Ano Rawiwon2U 190 T-5232, PWF-109]1 2010-109 •GRANTEE" Fresno Mc"politn''n//Flaad Ca/ntmi Diswcl By: .C:/�l/lac 4� Dam: Bob Vm Wyk Generel Maveger APPROVED AS TO FORM: MiIr, Mmock & fenwn By: Anomeysfor F o Mewpf naa Flaod Contro DiaBim uns. Yw.btmY EummaUL10)p�evlrmmtl�M�'a�wl 3 smwwK.".mm.wimm�..ww�mroualp.+or.�a.awerri.m� -,� 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California I County of Fresno I i4 On November 18, 2010, before me. Esther Schwande Notary Public, personally appeared Bob Van Wyk, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to Ne within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the inemument the person. or she entity upon behalf of which the person acted, executed the mstrome t. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is time and correct. WITNESS my hand and officiM reel. ocoVNry a / IL NouryiName EnM1err NPhone: (J59)U Commission4l /e525/4FlemCounry MyOommiubn &pini. Janc!]2013 Description of ANahM command Tide or Type of Dacnmcac Ememmu Agmemenr wW Gram ofNw-Ewh wEmemme and Biav<f Way Wuommr Da¢: November 1$3010 Numbernf Pegee 3qw araeM¢nn Susan OWu Use Named Above: Stan L Maeierr Slum, L Megtlml Gpatlry CLImN by Mpee Siem s Name: Bob Von Wye corµmeOK¢er -Tula General Manag<r/Sxamry Signeris Beprcumin5Frcmo Merroµlaan Flans Commi Dinnm Orhdial document beta my embonmew iy��. CLERK'S CERTIFICATION Slate of Caldomia f County of Fresno ) On November lB W10 before me, Sherrie L. Bedettscher. Deputy ClN Clerk. personally appeared, Scott L Moiler. City ENInser. Aselstart Public Works Director, who proved M me on the deals of setiafavtory Moderate, to be Ne portable) whose nonmetal Were subscribed to the wiNin instrument and acknwAedged to me Mat lrerahaMhey executed the avne in hisRierltheir Attributed wlaacirytes), and Met by hismerdhelr signstunds) on to Instrument the parsontet, or me artily upon behalf of Mich the presents) acted, executed Me inslwnent. I cerdN under PENALTY OF PERJURY under Me laws of the State of Cofitomm that the lmegoing paragraph is Into and coram(. WITNESS my hand and official seal REBECCA E. KLISCH, CMG City Clerk, City of create Al k OF Pot By IAA.: �� g-blo L.may Al Dep ty 1peoont'e_pyjtir�, z°" .6z E%HIBIT"A' LEGAL DESCRIPTION OF EASEMENT That portion of Outld F of Tract 5232, according to the Map thereof, recorded in Volume 79 of Plats 9 Pages 45 through 60, indusive, Fresno County Records, described as foldws: BEGINNING at a point on he NOMwestedy boundary of said Outlol F, sad point being North 64048'22' East a defense of 13958 feet from the most Westerly No thi est comer of said Outlot F; thence North 64'48'22' East, along saitl NaMweaterly boundary, a distance of 86.98 teal hence North 53°01'06' East along said Northwesterly boundary, a distance of 106.12 feet thence, leaving sad Northwesterly boundary, North 5MT33' East, a distance &29.80 feet thence North 2]°21'19' Eaal, a distance of S44 feet to the intersection with said Northwesterly boundary; thence North 53°01'116' East along said Norhwestedy boundary, a distance of 5.12 feet; thence North 28016'45" East. along sad Nodhwestery, boundary, a distance of 164.50 feet thence North 32044'00' East along said Nodrvesterly bountlary, a distance of 62.85 feet hence NOM 39008'25' East along said Northwesterly boundary, a distance of 65.32 feet thanes North 52054'52' East, along said Northwesterly boundary, a distance of 13.67 feet; hence, leaving said Norhmastedy boundary South 27°21'19' Weet a distance of 87.08 feet to a point of Intersection with the Norlhwestedy right- of-way line of East Iowa Avenue, also being the Southeasterly boundary of said Outlot F, said point being a point on he am of a non -tangent curve concave Southwesterly and having a radius of 425.00 feet whose ratlius points beam South 5404628" East thence Southeasterly along said non -tangent curve, and along sad Scuheaslerly bountlary, through a central angle of 0752'15', an am distance of 58.38 feet hence South 2721'19' West, along said Southeasterly boundary, a distance of 173,27 feet hence along said Southeasterly boundary and along a tangent curve, concave to he Saulheml. having a radius of 40,00 feet, through a central angle of 13907'33', an arc distance of 9.16 feet thence South 56023'33' West non -tangent 10 last saitl curve, a dislance of 311.13 feet to a pond of intenaedion with the Northerly dght-of-way lire of East Tulare Avenue, aim being the Southerly boundary of sale Oulld F, said point being a point on he arc of a non -tangent curve concave to the South and having a radius of 742.00 fest, who radius point bears South 01057'41' West; thence Westerly along last said non -fanged curve, and along said Southerly boundary, through a central angled 02011'28', an am distance 428.38 feet hence South89046'13' West, along sad Southerly boundary, aka along last said fightM-way line. a distance of28.36 fed; thence North 58023'33" East, a distance of 132,81 feet to the Point of Beginning. Contains an area of 15,285 square fed, mare or less. Sh et 1 of 2 F.M.F.C.O. 9r151N'90" c ,� a N O 3 i G_ore¢�iS , 4 Gr�y 'irOl-1 NO. 23, 3 a gy�BS. 0c ?VYS,EC.R. 14 ^C 10 VOL 9.mt'G5. 5232 60 t POM Of BE49lPIL ♦ 4-imYa'wF PiA'iS,F.C.R. T_ser 5.4\ E WII 1nP1GP p`9 G c'•�"" ♦}/�� PSA N MR. rs i 0UP«T.F U' 825 3 W41MN 313-801-m y l 1 s f 1111 s.r � r 6ffiTeWIUAM jo NSMIL SOF CPI T-lurr niPir r. is 10 ® T OICPTES EOR M NDE PURPOSES TO FMFCD FOR STORM DRP1N PURPOSES V �/ CONFAIN5 M MFA OF 15,285 t SQ. FT. EXHIBIT "A" PIAT -266] T-5232/2010-109 SHEET 2 OF 2 SKETCH OF EASEMENT EXHIBIT'B' LEGAL DESCRIPTION OF PARCEL Oullot F of Tract 5232, acmrEirg to the Map thereof recortled In Volurne 79 of Plats, pages 65 through 60, Fresno County RemNs. T-5232 2010-109 rv, N' sheet 1 of i f � inn "Initial Improvements" � sranwaERRr3REc ® LONWxPLMlE3REE OO VMIF/Wa 1REE ® 0,1NKNPREMUDTREE ® 1VWIDEWNC EML NOTE. M Tress"I W oam e mmim did wry M1 / mem�mme duesa• xmn o�nl•e ff 1 ,0 TRALT NO. 5232 /�/.g3� � cENlwulEarrXovosEo �_,f/�." vsoxxorulx�L,sW Wxm�c.Roso� W" DMIT "C - � ^uNrtwavaova¢xd __ CERTIFICATE OF ACCEPTANCE In accordance with the provisions of 27281 of the Government Code of the State of CaOfedia. Isis is to cercify that the interest to reel property conveyed by the attached immanent dated November 18, 2010, from CITY OF FRESNO, to the Fresno Metropolitan Flood Control District, a California public covpmmrion. is hereby accepted by the undersigned General Manager-Sacrenov on behalf of the Board of Directors of rhe Fresno Metropolitan Flood Cunnol District, patient ro aurhorily conferred by Resolution No. 2004155 of said Board of Directors adopted December 15. 2004. and said District buteby consents to recordation thereof by and through in duly autherbed officer. Fission Metropolitan Flood Control Dismic, a California public corporation r Dania /i- / 8 -, D By: Lid G` , Gv�rlt• Bob Ven Wyk General Manager -Senear.