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Home My WebLink AboutGeorge and Cynthia Brown Landscape AgmtI „e �6 b E8 0 Ra4ordinp Requested By: Publlc Wodid Deperbnenr City of Fresno No Fee -Govt Code Sectons 6103 and 27383 When Recorded. Mail To: Public Works Department City of Fresno 2600 Fresno Street Fle6no, CA, 93721-3623 FRESNO County Recorder Robert C. Rerner DOC— 2010-0024237 a aawr..n. City Puma Works TwalaY. itl Pd FEB 'Ll. 3010 13:ellY $1�IN brR t6k71 BN SPACE ABOVE THIS UNE FOR RECORDER'S USE Cover Sheet for Recording LANDSCAPE AGREEMENT HERNDON AVENUE AND GOLDEN STATE BLVD. SOUTHWEST CORNER APN: SW 40-11 FRESNO, CALIFORNIA /-/V/-/0 4 LANDSCAPE AGREEMENT HERNDON AVENUE AND GOLDEN STATE BLVD. SOUTHWEST CORNER APN 504-140-11 FRESNO, CALIFORNIA GEORGE H. & CYNTHIA C. BROWN, CAROLINE K. HINSHAW AND CITY OF FRESNO, CALIFORNIA LANDSCAPE AGREEMENT THIS AGREEMENT made and ordered Into effective Nbri ZZ21M9 by and baMreen the C -f OF FRESNO, CALIFORNIA, a municipal coryoration, herelna ter called "CITY" end George H. and CyrMla C. Brown and Carolina K. Hinshaw, hereinafter ciilled'CWNERS ` The OWNERS own Me property looatad at southwest comer M Hemdon Avenue and Golden State Blvd, Assessor's Parcel No. 50¢140.11 ('Subject Property)- Sae ahached legal descnptlon Exhibit'A' The City accepted a dedication of a portion of Me Subject Property from Me OWNERS, rewrded as Document No. 20040105987 In 09 Official Records of Fresno County, hereinafter named to as the "Dedicated Po2pn' and illustrated in Exhibit "B.' The Dedicated Portion is necessary M order to build the improvements at Me south west comer of Herndon Avenue and Goblin State. The City only requires a certain portion of the Dedicated Portion to build the improvements needed at this time. The unneeded portion a Me Dedicated Portion is to be used as a landscape area undl such time that Me City neads it to fuller widen Herndon Avenue, and is hereinafter referred M as the "Remainder Potion" ell Illusbatad in E ibit "C" algUed hereto, The parties desire to enter Into this landscape Agreement to clenty the responsibility of each Potty as it relates to the Dedicated Portion and Me Remainder Portion which is the landscaped area. The City a5 part of me Hendon Avenue - Weber Avenue m Freeway N road construction Project shall W responsible to install as needed. irrigation parts to reconnect and verify mal the Irrigation system for Me landscaped area of the Remainder Potion is In proper waking oriel Whin the Remainder Porbon, OWNERS will be dI0Vv9d to place IandsraPirg Met is considerod temporary and shell be responsible to maintain the imgation system and the maintenance of Me grass, shrubs and bees in Me landscaped area side own expense, until such lime that Me OWNERS are nothed by Me City that Me Remainder Potion is needed for Me next stops M Me mad improvement project It is mutually agreed Mat no charges at arms; by either party shall be instltute t for the respective use of Me Remainder Portion. The City shall notify the OWNERS of me forthcoming mad improvement project M days in advance Of going to bid for the constmclion of Me mad improvement project at Hermon and Golden Stale. Thego day notice will allow Me OWNERS m remove, relocate and salvage any and all bees, shrubs, bushes and other landscaped items that am in Me area of Me future road impmvementpmjra The City's Camra will remove and dispose of any remaining tardscape tams as on of Me mnsbucron W improvements.. at the City's expense. To Me lamest extent allowed by law, OWNER shall indemnity, hold harmless and defend Me City and eacd of Its oMcers, officials, employees, agents and volunteers from any and all loss. Iiabiit fines, penalties, miniatures. Co or and damages (whether in model fort, or shirt liability. Including but not limited to personal injury deem at any time and property demand) maned by City, OWNER or any other person, and from any and all claims, demands and anions In law or equity (including aaomey's fees and Ititalion expenses), arising or alleged to have arisen directly or Indiratiy out of the Performance of this AGREEMENT. OWNER'S obligations under Me preceding sentence shall apply to any negligence of CITY or any of its officers, officals, employees, agents or volunteers, but shall not apply to any loss. liability, fines, penalties. forfeitures, cords or damages caused solely by Me gross negligence, or by Me willful miscormun, at CITY or any or Its officers, Officials. employees agents or auMonzed volunkers. This se tion shall survive Montreal or expiration of tis AGREEMENT. All of Me terms, covenants and cenditions of mis Agreement shall be binding upon OWNERS, jointly and severally, and OWNER's rearmed successors and assigns. SIGNATURES APPEAR ON NEXT PAGE IN WITNESS WHEREOF, the parties hereto have set Netr hands she day first abeve written. RECOMMENEDED FOR APPROVAL BY�A P� ___io&' k -t cam Senr Real Estate Agent CITY OF FRESNO Sixth Mover, Assistant De6ctor DePamrant of PubllyNorks Access or Ciry: City of Fresno Public Works Department 25011 Fni Sheet, Room 9018 Fresno, CA 93]21-3823 ATTEST'. REBECCA K. KlJSCH City Clerk By C'6. 'ei Z/v ctiti Deputy xn� �• OWNERR& /� Q BY C C Nia C. Brovn Date. r — 2. 7— Ccf BY G od: rge H Bmwm Date'.! /—Z 7 —p9 BY. lN'WV.ti/ z 244ddt�) Caroline K. Hlnshew Date: /%ZzYLoi APPROVED AS TO FORM: JAMES C. SANCHEZ Clry A By OePuty CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT Stam of California Countyof IAjulf\ OR G..f�'/. IU/,XLbefare ❑iAj(n mf^L�'LINN Q�111L '51ry1m ",lamp pet mllyappeared aLn( 41I bYTli who proved tome on the basis of satisfactory evidence to be hopeful whose tleme(s) is/are subscribed to the within inatmmenl and acknowledged to me that he/she/fey executed the some in his/her/their a ifurized capacity(ied. and that by hober/feir signatures) on the iinco ment the forma a), or the entity upon behaifof which the Buncombe) acted, executed the inawment. I certify under PENALTY OA PERJURY under the laws of fe Slate of California that the foregoing pangrnph is me and correct. B.tv OcooryM MgBMui WIINESS yF nd and old see]. �:,� �a.nay„n a Grvn. Abel mea VSki is V m ADDITIONAL OPTIONAL P`FORMAI'ION INSTRUCTIONS FOR COMPLETING ITTS FORM bwMNprmr rwrys"ok CVIgwW owl u OESCRIPI'ION OF WE ATTACHED DOCUMENT 'cool.''. koke a me rwuy foo".r re = vv ob,oc we^^tees mn t. / old ell m rn.r �.,r..= m= lore Yordel b y. (]'�/' Iiry � m.rrrar.eeek,, ocil .mer- nk es� �lmrY9mvmrmp boNoyem equals,u ok'tr proved n boo a lesion'.. bre or d= VVV w'bN{eMvvr.pmn rM nw=rymlemmrM1xa'M1nrurngnp..vrvwym fdrel se hos me nmocidoebobe of ocked phme dook m. Irnkera.nnneppvnnm=na_ ''Wp1,r,IpyryryI ry�za. dcooker m'yruyf p"poe dook.krevvvva mu=nae/ 4rw=rzvc Numb" of Passes jj., Porunmt Date1 Inml I Imrm.we) 1 CAPACITY CLAIMED BY THE SIGNER ❑ Indbfau8l(6) ❑ Cnrymvu office, 0 Porm ❑ Attorney Iryin EaN Tmf O Offer Sao and Cocke, scroll nor h a= Sea so Cnmrr:xk Its dmnnmr bromi pokes r edooke berm nn nfork to sawimmn ar. now of kri From be re, ask "t so, pgxl mower xVWrW *nisi. ae.leu®mmr e rw umprm. Fh a M a.weM mn be n or ws n B swe, sinno ku n M sed for, . Ilk local pi be: lookol.r ackerem forem ab fool eeks, nu=coke .e mew 10.11 br.. k, do adr to., mean I. e. y?I,awy,in. rxw�:.inpcolnelbe=ar.errk,k anlmkm..nyiwa.k mi. n.o'ifeillpeelovrm`phd�p.N...Irl rel brt mr mf n„ m=ale.. s I� =Iurw ima.�m.fk ,k.,�_.boker.�waaa��l rr dirkeek, of so Elroy A.Wirlima i.fnnmeknmlx mI mrylodphe =B hose k em rte der oledir Ise axwmwairousibc'.mmmealrnrmJkumm el ryve neat eue. dike 1111 mi Y real b? • fire- if so Joined luny u. o, cooker CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California Colmry of U04lf". On �.I(n hefors me:I MVM sed ass 1VvN I111CC�lL persorelly appeared n ��yl^ya f C �-�V BbI»\ who proved tome on the basis afsalisfeclary evidence to be the pennants) whose name(s) Is/are subserlbe to the within instrument and acknowledged to me that be/soudley executed the same in loafaeraoir authorized cepacityles), and that by his/heotheir signatam s) ml the instrument the peosen(s), or For entity upon behalf of which me perp n(s) acted, executed the instrument. I cends, under PENALTY OF PERJURY under the laws of the Stale of California that the foregoing pevagaph is true vrd comet Hausa COMrM.YtlE un wfl'NE�$mghendand .im sseal.r, Swo,.7 gv69 wrySull el • - AOOITIONAL OPTIONAL INFORMATION INSIROCTIONS FOR COMPLETING THE FORM ecmAfenser v.rvrl.l.n rrr cItfsess ^^+r.wur..on-rre..•..ar .. DESCRIPTION OF THE ATTACHEEDDOOMMEENNT xne .,wwr. hs .... n+emm w n np.rvwniks,,cfes'd snm"of Lai n m oluw Ly 11 v.r i,o A.dIds,"sIf , ^shFemmA..1'n1 Ewmwm en.Is ff rAmJdrmmr »F.g. u mm .mef"t: n A"'wapso m�;�rea .a. ev a m::;n.:i P�.',,,Y. ireIrn. Imu.�wnln/a.y..l.e.m.eaea revgnnlrb�mmrm..^�a' rwmms...d.a.,x ff,( qm..,d NcmImM1n of Page y Dccamem Doe p4h. rosin pmt Alv.f um mm, u Ir -wo aMn en .f Iv, weJ M. .vnd umpm We Inmy Into If dm.m.m maAeo III II -IP -11Y -Pwn Ne,mw of (APACITY CLAIMED BY THE SIGNERn mom m enols ar Paul Ps,,, q emtlnt.Tzmm Aue A wan b.WJ p cros,�F.mme fmm. F.1.... Wymama lsI ❑ IMidEnA PI Ca,pvtate 0lfice. P`� if ,w.,n.l.ssv rmw.rf%.I rrrm..a.uoie�.11v.rt mqm mm..wa N..sw.m, m UP"e'he.ma of ❑ e.nnmalfan.hmA. as ❑ AtlQumy Is fuel r as' mmemm. E dmc.a1,ti`a.. Ammin tsf�vfllcN a.�re�d"e� o ntorle4vl .her be w,'a" i1 v I. CLERK'S CERTIFICATION State of California) County of Fresno) On January 19, 2010, before me, Cindy Bruer. Deputy City Clerk, personally appeared Scott Mozier, Assistant Public Works Director of the City of Fresno, who proved to me on the basis of satisfactory evidence to be the personals) whose name(s) is/am subscribed to be within instrument and acknowledged to me that he/she/they executed the same In hemarttheir authorized capacitypes), and that by hismerttheir signatures) on the instrument the person(s), acted, executed the Instrument. I certify under PENALTY OR PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. REBECCA E. KUSCH. CMC CITY CLERK, City of Fresno By - DepuCy .. . CALIFORN State a(Califomia SS. Cowry of San Francisco .� CAPACITY CLAIhIEB BY SIGNEB T MaIV WnALD) sWNINO Lila ONESELOTHuninon On Febril 4, 2010, before me. Jessica C Moomme'o, Novy Public TOwPDeATE PeEwsl TOl Personally app esed Cmoline K. Hinshawwho proved to me on the pexis of COMPANY satisfaatoFy evidence to he the firearms) whose wool isnare subscribed to dm within instrument and acknowledged m me that he/sheM1hey, executed the same D PurcnErclsl in his/her/their school capachypeRt, and that by his/11er/their signatures) on PARMHump the ituawnent IAC ficrOm s). or the entity upon behalf of which the ppraon(s) U Artownuv acted, executed the instrument. INTACT PawCaA49 1 c Fo under PENALLY of PERJURY under the laws of the State of Jmusnrasl MUST California that the foregoing paragraph is we and correct. Tcross WIT NIESS my hand and official Real. ITTLE(s) Tnu:nr wumvHEtI UPRESrNTED FIX I Tylle.a sEraEiEnrEo SIGNER IS RESPRESENTIN LVFrTY1hM RnaESFxFfi OPTIONALSECTION ITIS CERTIFICATE MUST BE AMACHED TO TI IF. I I ILI, OR IYPE OF EX)COmrur DOCUMENTDFSCIll AI RIGHT Nt MIR RAF PAGO DACE OF DOC OMENf Though the data temporal new is not Fecund by Jew. rVAILI(Do OlrILE mAN NANIM AgrrvE It could prevent vauaWent recurrent of thw term. EXHIBIT A LEGA. DESCRIPTION Real Property in the City of Fresno, County of Fresno. State of Caldomia, described as folbws: PARCEL A OF PARCEL MAP NO. 95-12, IN THE CRY OF FRESNO, COUNTY OF FRESNO, AS 19INTERMAP RE FFICEODECEMBER21, 1998 IN BOOK 59 OF PARCEL MAPS, PAGES 18 AND 191N THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. A N 504-140-11 EXHIBIT "B" 1 of 2 ALL THAT PORTION OF LOT 22 OF THE MAR OQ RRENTEN LANDS, 4OBDIVISSDN NO. 1 AS RECORDED IN BOON 7 OF PL W, PAGE 23, FRESNO CONNTY RNWROS, MRB PARTICULARLY DESCRIBED AS FOLLCWR[ CONVINCING AT ME MOST NORTBERI.Y CORNER OF SAID IPP 22. MINOR . SOOTN 33'05,OD" NEST, AIANG THE NORTBNESTERI.Y LINE OF SAID DOT 22, A DISTANCE OF 11.39 FEET TO A POINT ON THE SOOMBSEE EDy LINK OR NORTH GOLDEN STATE SOMEVARD AS PREVIOUSLY DEDICATED BY INSTRUMENT NO. 6083, RDCORDED NARCS 2, 1933, IN BOON 1566, PAGE 140, OFFICIAL RECORDS OF FRESNO COUNTY AND THE TRUE POINT OF BEGINNING OF TRIS DESCRIPTION; TRENDS CONTINUING ALONG TBE NORTHWESTERLY LINE OF SAID LOT 22, SOUTH 33-05'00" NEST, A DISTANCE OF 338.62 FRET TO THE MOST NORTBBWX MINER OP LIR 59 OF a. C. FORMER PIG GARDENS SUBDMSION N0. 30, ACCORDING TO THE MAP TERRPOP EBCORDEO IN SOLIDS 10 OF PLATE AT PAGES 3] AND 38, FRESNO COUNTY RECORDS] TRENDS LEAVING SAID NORTBWESTERLY LINE, BOOM 6.52-00" RAST, A XG THE NORTHEASTERLY LINE OF SAID ]OT 59, A DISTANCE OF 37,94 PEEP TO TBE BERNOON AVEDUE OFFICIAL PISA LSNE ACCORDING TO TEE BAP MXRWF RECORDED IN EDDIES 1 OF PRECISE PLANS AT PAGES 10 THRU 37, EMEND CODHTY RECOROSN TRENDS DORM 37.30-16' EAST, ALONG SAID PLAN LIEN, A DISTANCE OF 300.88 FEET TO A POINT ON THE SOOPNNESTEBLY IT" OF NORTH COLON! STATE BOULEVARD, SAID POIST BEING ON A NON -TANGENT CIROR CONGVR SGUMETSTERLY NIT; A RADIUS OF 2950.00 FEET, A RADIAL TO SAID POINT BEARS NORTH 32'31']2' EAST; THENCE NORTHGEBT T ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 01-14144". AN ARC DISTANCE OF 66.13 FEW TO ME TRUE POINT OF BEGINNING, CORT%NING 17,294 SQUARE FEET, A LITTLE N"AS OR LBSS EXHIBIT "B" 2 o/ 2 WEST HERNDON AVENUE O SKEET ) If 1 a•1950.W' S 4� ��.[� I' .ovw':e• Cl W S °4 / wl gad w l „ 5]]'05 MW ]]B.H]' J �a4g8 �wwurtes �c[sH roves war W N AREA ff DwKwrm SCALE: I•-60' CITY OF FRESNO �c us-ei PORTION OF LOT 22 uo 99 -e -e HERNDON LANDS SUBDIVISION N0. 1 P1e9."L�]. ep ] TO BE DEDICATED FOR 9e9,9YA0 DIIDIIC CTDFLT DIWD/ICCC �•' LAP. m 9 Is -96 EXHIBIT"C" d? c�Zd o lo� SC1l£ N fEFI / w.(p� {7 4 ,/� X90 ..� I• p�,gi_'yl�. H °ac Fe umnu jB 9 IB m' P lq r" 4PRyirjl0i%9�c�' pcFcssi °?p r a�P�°'"G� Nu 2%t85 VIM — - — �,.• ,.• e�n� �« ala — MUMi��a YIM �._ PAC .� ?mnap.�pp AAY �- • a.LFOR CITY OF FRESNO M .2009-aM1111p1 N PBtl FMS NU M mF pylp DEED OF EASEMENT n N am xo.i .y IANDSGaPE MNMIERVICE PURp05E2 O1F— ff='g"' I J PIAT • ve 15—A— x�i cawaui ±+c M-mvm+o+« NOTARY SEAL CLARIFICATION PAGE 1 certify under penalty of perjury that the "Notary Sea]' on the document to which this statement is attached reads as follows: Name of Notary: 7dSS/C1v L ,1R agp� Commission #: / 79 $ (a2� Date commission expires: /%%yy Z04/2 Place of execution: .S,1N fllNcisao Date of execution: i!4✓ALy Date: 2// BY: �( u Bruce Abbott , City of Fresno Public Works, Engineering IL� r^ REPORT TO THE CITY COUNCIL AGENDA ITEM NO. ) T COUNCIL MEETING 1-142010 nwaovsoev January 14, 2010 FROM: PATRICK N. WIEMILLER, Director Public Works Department BY: SCOTT L M021ER, PE, City Engineer I Assistant Director/-/ Public Works Department, Engineering Services "�/v SUBJECT: APPROVE A LANDSCAPE AGREEMENT WITH OWNERS GEORGE H. AND CYNTHIA C. BROWN AND CAROLINE K. HINSHAW THAT WILL ESTABLISH A TEMPORARY LANDSCAPE AGREEMENT ON DEDICATED CITY RIGHT OF WAY UNTIL THE FUTURE GRADE SEPARATION PROJECT NEAR THE INTERSECTION OF HERNDON AVENUE AND GOLDEN STATE BOULEVARD IS CONSTRUCTED (PROPERTY IS LOCATED IN DISTRICT 2) Rnemmmutcnnnn WI^ /o RECOMMENDATION ann`nw^ du apWasiae Staff recornmends that the City Council: 1. Approve the Landscape Agreement at the southwest comer of Hemdon Avenue and Golden State Boulevard from property owners George H. and Cynthia C. Brown and Carolina K. Hinshaw. 2. Authorize the Public Works Director or his designee to execute the Landscape Agreement wth George H. and Cynthia C. Brown and Caroline K. Hinshaw. EXECUTIVE SUMMARY In 1996 the City and Burger Duo Property Development II, LLC, entered into an Irrevocable Offer to Dedicate Real Property, along the southwest comer of Hemdon and Golden State Boulevard. The offer Is to remain open until such time as the City Council adopts a resolution accepting or rejecting Ne Irrevocable Offer to Dedicate Real Property. The offer remained open until May of 2009 when Resolution No. 2009-104 was adopted by Me CRY Counal accepting Me offer to accommodate construction of the street Improvements along the southwest comer of Hemdon and Gallen State Boulevard. The purpose of the Landscape Agreement is to allow Me owners to landscape the City's porton of the dedication until such time in the future the area Is needed for Me development of the grade separation. BACKGROUND Beginning in 1995, Ne Public Works Department began the process to plan improvements W the Hemdon Avenue and Golden State Intersection to improve traffic movement and reduce delays at the intersection. The property owner at Me southwest comer of Me Intersection was in the Report to the City Council Approve Landscape Agreement- Intersection of Hemdon and Go den State Boulevard January 14, 2010 Page 2 process of making improvements under CUP 96-61. The Developer and the City agreed to an Irrevocable other of Dedication of Real Properly for the street easements b be deferred until such time as it is headed to make the improvements to the intersection. The offer remained open until May of 2009 when Resolution No. 2009-104 was adopted by the City Council. The City accepted a dedication of a portion of the subject property from the owners, recorded as Document No. 2004-0105967 in the Official Records of Fresno County, hereinafter referretl to as the "Dedicated Portion' and Illustreted In Exhibit "A.' The dedicated portion is necessary In order to Wild the improvements at the southwest comer of Hemdon Avenue and Cwldsn State Boulevard. The City only requires a certain potion of the dedicated portion to build the Improvements needed at this time. The unneeded potion of the dedicated portion is to be used as a landscape area by the adjacent owner until such dme that the City needs it to further widen Hemdon Avenue. The landscaped area which Is the "Remainder Portion' is illustrated in Exhidt'B'. The Landscape Agreement will allow the owners to landecaps the City's remainder potion, by use of on encroachment permit, until such time in the future the area Is needed for the development of the grade separation project. The temporary improvements (i.e., maintain the irrigation system, the maintenance of the grew, shrubs and trees) will be completed and/or removed at the owners expense. The City Attorney's Office has reviewed and approved the Landscape Improvement Agreement The Agreement will be recorded. FISCAL IMPACT No compensation is being paid or received from this Landscape Agreement vo. wmm o.e� an now x„,em.rbw, s W. 1-144 o Attachments: Landscape Agreement Exhibas A and B