HomeMy WebLinkAboutLesher Earleen M Purchase and Sale of Property Agrmtl5-BoS
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AGREEMENT FOR PURCHASE AND SALE OF PROPERTY EASEMENT
AND ESCROW INSTRUCTIONS AND
TEMPORARY CONSTRUCTION EASEMENT RENT
Friant-Kern Raw Water pipeline project
wc00038
EARLEEN M. LESHER AS TO AN UNDIVIDED 72O/O AND THE ESTATE OF VELDA D.
LESHER AS TO AN UNDIVIDED 28% AS TO ASSESSOR'S PARCEL NUMBER 580-040-07;EARLEEN LESHER BY GRANT DEED DATED NOVEMBER 4, 1963 AS TO RSSTSSOR'é
PARCEL NUMBER 580-040-08, hereinafter called the "Seller," without regard to number orgender, hereby agrees to sell to the CITY OF FRESNO, a municipal corpıration, hereinaftercalled the "City," the hereinafter described property easement on the iollowing terms and
conditions:
1. The real property which is the subject of this Agreement is situated in the County
of Fresno, State of California and may hereinafter for convenience be referred to as the ,,Subject
Property," being a permanent property easement and Temporary Construction Easement (TCE)
within of Assessor's Parcel Number 581-040-07 & 08, and which is more particularly described
as:
Exhibits
Exhibits
hereto, and by reference made a part of hereof.
2' The City shall pay to Seller the total purchase price of One Hundred Sixty-One
Thousand One Hundred Forty dollars ($161,140) (,,purchase price,,) as just compensation forthe permanent easement together with Twenty-Eight Thousand Six Hundred Forty dollars
($28,640)/year, or any portion thereof, as rent for a temporary construction easement ("TCE
Rent"), subject to monthly proration as needed, for the duration of the City's use of the
Temporary Construction Easement. The first year of TCE Rent will be paid in advance and
received by Seller within thirty (30) days of the City's issuance of the Notice to proceed. lf more
than one year of TCE rental is required, the remainder of the TCE Rent due to Seller will be paid
upon completion of the project, prorated, per the conditions set forth above. The terms of the
Temporary Construction Easement shall not merge with the deed for the permanent property
easement, and shallsurvive recordation of the permanent property easement.
3. lt is understood and agreed by and between the parties hereto that the TCE
granted to the City in this transaction is for the purpose of allowing the City or its authorized
Contractor to enter upon the remaining property of Seller, where necessary, within the
temporary construction easement area, and to use equipment and materials thereon, for the
purpose of constructing a new raw water pipeline. Said easement imposes upon the City the
obligation to exercise such rights where required by the construction project and to leave
Seller's remaining property in like condition as found, or better. The City,s rental of the
Temporary Construction Easement shall commence upon issuance of a Notice to proceed to
Page I of 6
the City's contractor to start construction, and shall terminate when the City provides written
notice to Seller that the use of the TCE is no longer necessary.
4. Seller acknowledges that the City has the power to acquire the Subject property
for public purposes by eminent domain. lf title does not pass to the City within the time provided
by this Agreement, the City may begin eminent domain proceedings to acquire such possession
or title. The parties agree and stipulate that the net sum payable to Seller hereunder shall be
conclusively deemed to be the total just compensation payable in such proceedings, and this
Agreement may be filed with the court as stipulation upon which judgment may be entered in
the eminent domain proceeding as to the just compensation to be paid to Seller. Seller waives
all other defenses in said proceeding.
5. lt is agreed and confirmed by the City and the Seller that notwithstanding other
provisions in this Agreement, the right of possession and use of the permanent property
easement by the City, including the right to remove and dispose of improvements within the
permanent property easement, shall commence upon the City's issuance of the Notice to
proceed. The Purchase Price and TCE Rent, includes, but is not limited to, full payment for such
possession and use, including damages, if any, from said date. The terms for payment of TCE
Rent are set forth in Paragraph 2, above.
6. Seller represents and warrants that it has the authority to make the offer herein
made, and that it holds fee title to said real property and can convey the Subject property free
and clear of all liens, encumbrances, and restrictions of record except for the tifle exceptions
noted in 7.b below.
7 ' The City and the Seller have entered into a Memorandum of Understanding
(MOU) to address various construction details that will be incorporated into the final construction
plans and specifications.
B. The sale shall be completed through an escrow to be opened at Chicago Ti¡e
Company, 2540W. Shaw Lane, Fresno, California, 93711 (Escrow Officer: Suzanne C. Ford).
Said escrow shall be opened upon the following terms and conditions, and the Seller and City
by their signature to this Agreement make this paragraph their escrow instructions:a' The City shall deposit the sums specified in Paragraphs 2 of this Agreement and
the closing costs in escrow upon receipt of a demand and statement from said
title com pany therefor.
b. Payment of said sums, less Seller's cost to clear title, if any, may be made to
Seller only when escrow holder possesses and is in a position to deliver to the
City a fully executed and acknowledged and recorded grant deed to the subject
property, and when said escrow holder stands ready to issue to the City a
standard title insurance policy guaranteeing a title to said property in the City free
and clear of all liens, encumbrances, and restrictions of record, except for
Exception ltems 1 , 2, B, 9, 10, 11 , 12, 13, 14, 15, 16, 17 , 18, 19, 20, 21, and 22,
contained in the Litigation Guarantee Report No. FWFM-TO14000371 dated
Page 2 of 6
June 10, 2014, from Chicago Title Company. The City reserves the right to
approve an updated title report prior to close of escrow.
c. lt is understood that Seller shall be responsible for the payment of all taxes,
penalties, redemptions, and costs allocable to the Subject Property. lt is further
Seller's responsibility to apply to the County Tax Collector for any refund or
decrease in taxes which may be granted.
d. The escrow fee, cost of policy of title insurance, recording fees (if any), and all
other closing costs shall be paid by the City. Seller will pay any cost to convey
the title to the Subject Property in the condition described in 7.b above.e. Disbursements of the purchase price to be in the amounts, at the times, and in all
respects in accordance with the terms and conditions and subject to the
limitations of this Agreement.
f. Consent and Subordination from all holders of a Deed of Trust to the property
shall be provided prior to close of escrow by Chicago Title Company.
9. Fencinq. City Contractor to replace fencing, gates and bracing along western
and northern property boundaries as agreed, and in accordance with the plans and
specifications. ln order to secure property, except for short periods of time during construction,
temporary or permanent fencing to be in place at alltimes.
10. lrrioation Lines and Well Protection. The exact location of irrigation lines is
unknown; therefore, the City's Contractor shall verify the location of buried irrigation facilities.
The City's Contractor shall replace any damaged irrigation pipes in kind. The City's Contractor
shall also protect the existing well on the west side of the property, and shall replace or repair
the well equipment ( including well casing, pump equipment and fencing) in kind.
11. Other Proiect Components. A variety of other components will be installed
adjacent to, or above, the pipeline to facilitate the project, including air relief valve (ARV)
enclosures, blow off valves, corrosion test stations and manhole access vaults. ln accordance
with the plans and specifications, protective bollards will be installed adjacent to these
components to alert the Owner and his/her agents to their locations. The intent of these
bollards is to provide a visual alert to their location, and to assist in preventing contact damage
resulting from the Owner's activities, including but not limited to damagè from farm equipment,
trucks, etc. The Owner shall be responsible for any damage to the project components resutting
from his/her actions. However damage to these components by incidental contact from
livestock will be the City's responsibility, who will maintain and repair future damage to these
components that may result from incidental contact with livestock. Damage to these
components resulting from other events or circumstances not caused by the Owner will also be
the responsibility of the City.
12. Miscellaneous Provisions:
a. Waiver. The waiver by either party of a breach by the other of any provision of
this Agreement shall not constitute waiver or a waiver of any subsequent breach
of either the same or a different provision of this Agreement. No provision of this
Agreement may be waived unless in writing and signed by all parties to this
Page 3 of 6
Agreement. Waiver of any one provision herein shall not be deemed to be a
waiver of any other provision herein.
b. Governino Law and Venue. This Agreement shall be governed by, and
construed and enforced in accordance with, the laws of the State of California.
Venue for purposes of the filing of any action regarding the enforcement or
interpretation of this Agreement any rights and duties hereunder shall be in
Fresno, California.
c. Headinqs. The section headings in this Agreement are for convenience and
reference only and shall not be construed or held in any way to explain, modify or
add to the interpretation or meaning of the provisions of this Agreement.
d. Severability. The provisions of this Agreement are severable. The invalidity, or
unenforceability or any one provision in this Agreement shall not affect the other
provisions.
e. lnterpretation. The parties acknowledge that this Agreement in its final form is
the result of the combined efforts of the parties and that, should any provision of
this Agreement be found to be ambiguous in any way, such ambiguity shall not
be resolved by construing this Agreement in favor of or against any party, but
rather by construing the terms in accordance with their generally accepted
meaning.
f. Attorney's Fees. lf either party is required to commence any proceeding or legal
action to enforce or interpret any term, covenant or condition of this Agreement,
the prevailing party in such proceeding or action shall be entitled to recover from
the other party its reasonable attorney's fees and legal expenses.
g. Precedence of Documents. ln the event of any conflict between the body of this
Agreement and any Exhibit or Attachment hereto, the terms and conditions of the
body of this Agreement shall control and take precedence over the terms and
conditions expressed within the Exhibit or Attachment.
h. Cumulative Remedies. No remedy or election hereunder shall be deemed
exclusive but shall, wherever possible, be cumulative with all other remedies at
law or in equity.
i. Exhibits and Attachments. Each Exhibit and Attachment referenced herein is by
such reference incorporated into and made a part of this Agreement for all
purposes.
j. Extent of Aqreement. Each party acknowledges that they have read and fully
understand the contents of this Agreement. This Agreement represents the
entire and integrated agreement between the parties with respect to the subject
matter hereof and supersedes all prior negotiations, representations or
agreements, either written or oral. This Agreement may be modified only by
written instrument duly authorized and executed by both the City and the Seller.
13. Time is of the essence of each and every term, condition and covenant hereof.
14. Hazardous Wastes. The Seller has not stored, discharged or abandoned any
hazardous substances, as such term is defined by federal or state law, on, in, or under the
Page 4 of 6
easement area, and to Seller's knowledge, there are no hazardous substances on, in or under
said easement area. As used in this Agreement, "Seller's knowledge" will be limited to the actual
knowledge of EARLEEN M. LESHER, without duty of inquiry or investigation into the matter so
qualified. "Seller's knowledge" will not be construed to refer to the knowledge of any other agent
or employee or principal of Seller.
15. lt is understood and agreed that as a condition precedent hereto, this Agreement
shall have no force and effect until approved by the Council for the City of Fresno. This
Agreement is to remain open for one hundred and twenty (120 days) from the date hereof, and
that upon its duly authorized execution within said time by the City, this Agreement shall
become a contract for the purchase and sale of Subject Property binding upon Seller and City,
their heirs, executors, administrators, successors in interest, and assigns.
REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
SIGNATURES APPEAR ON NEXT PAGE.
Page 5 of 6
Signature Page
lN WITNESS WHEREOF the Seller and Buyer have signed this Agreement on the dates and in
the year set forth below.
RECOMMENDED FOR APPROVAL
BY
Michael Carbajal
Division Manager
City of Fresno-DPU-Water Division
7n, /"rl*'t
tt o /,n,",,
Estate of Velda D. Lesher
Earleen M. Lesher Executor
Date
Seller's Address:
c/o Dale A. de Goede, Esq.
McCallum & de Goede
Attorneys at Law
1322 E. Shaw Ave., Suite 400
Fresno, California 9371 0
APPROVED AS TO FORM:
Douglas T. Sloan
City Attorney
SELLERS:
BUYER:
CITY OF FRESNO:
City of Fresno
Water Division
1910 E. University Avenue
Fresno, CA93703-2927
ATTEST:
Yvonne Spence
City Clerk
Raj Singh Badhesha
Attachments:
Exhibit A: Legal Description - Permanent Easement (-07)
Exhibit B: Permanent Easement Depiction (-07)
Exhibit C: Legal Description - Temporary Easement (-07)
Exhibit D: Temporary Easement Depiction (-07)
Exhibit E: Legal Description - Permanent Easement (-08)
Exhibit F: Permanent Easement Depiction (-08)
Exhibit G: Legal Description - Temporary Easement (-08)
Exhibit H: Temporary Easement Depiction (-08)
Exhibit l: Litigation Guarantee
Earleen M. Lesher
Page 6 of 6
EXFIIBIT*4"
Fage 1 ofZ
APN: 580-040-07 (Fortion)
Pþline Easæent
.{11 of thatportion ofthe southwæt qaa:t=r of Seetion 7, Township I2 South, Range 2l East, Mor¡nt
Diablo Base and Meridian, situated i¡ the Couuty ofFræno, State of Califamia" according to the
Official Unit€d States Government Townsbip Platthtrcoi d*ctibed as foliows:
Begbuing al the rvest quarter coürer of said Section 7; thencs
1) South 87o 53' 33" Eåst, along the north line of the soutbw'est quarter of said Section 7, a
distance of 2838.86 feet to the northeast com€r of said sauthwest quaner; thcnce
2) South 00" û9' 20* WæsÇ alongthe ea.s line of said southwest quartet, a distance of 65.04 feet
to a line parallel with and 65.00 feet sou+-h od measured atdght eng'les, the north line of said
southwest quarter; tl¡enc+
3) Nort[ 87o 53' 33" IVesL along saidparaliel liae, a distance of 27]3.74 feetto a line parallei
u.itb and 65.00 feet east of rneasured at riÊhf a':gle+, the west liae of said southwest quãner;
thence
4) Sot¡th 00o 05' 00" lVest, along the last said paraliel linE a disfnnce of 885-,t4 ffet to the point
of beginning of a ¡s¡-tangent curye, concave westerly, with a radius of 1255.00 feet, a radial
ta saíd pointbearsNorth 81o 49' 46 Easg thence
5) southerly, along the arc af said cu¡ve, through a ccntal aagle of 8" 15' 14", an arc distance of
180.79 fEç1to aliaeparallslsith and 78,00 feet eastaf, measued at rigbt angles, the west
line of said southwest ryarter; thene.€
6) Sottth 00" 05' 00" Sfest, aloag said parallel line, a distance oî 426.39 fect to the beginning of
a tangent survÊ, conc.ave westerlS with a¡adiræ of 515.00 feet; tbarce
fi sotffhedy, along the mc of said cuffe, th¡ough a ccntral al$e of 1 2" 50' 19", aü arc dístance
af 115.40 feet to the beEínning of a rsr¡ersÊ rurve¡ ffinçavo æsterly, with a radius of 485.00
feet; thæce
8) southerly, dong the arc of said cu¡ve, through a cenÈal angle of l2o 50' 19", an arc distance
of 108.68 feet to a lino parallel wjth and 53.00 feet east o{ measured at righi angles, tfoe west
line of said soufhs'q3t quarta; the.nce
9) South 00o 05' 00" West, along said paralle1 lìne, a distance of 842.94 feet to the nartherþ
rigþt-of-way line of that portion of Copper.{vanue previously acquired by the Couaty of
FrænobythatGrantDeedrecorded September?9,1981 inBaok7793 atPage275, OfficiÊl
Records of Fresno Cormty; thence
2010-085
15-â,-8784
W.J. No.5354
E)G{IEIT *A''
Eage2of 2
10) North 88o 14' 5ß" West, along said northerly right-cf-way ling a distance of 3.01 fceû therce
1l)North 44ó 04' 59" Wes! continuing along said northerly lisr, a dista¡cc of 28.69 feet to a
line parallel with and 30.00 feet east of, møsr¡red at rigLt mgles, the west line of said
southwest quãrt€r; the,nce
i2)Nortb 00o û5' û0" Eas! along saíd parallel line, a dista:rce of 1489.93 feet to thebeqin¡ing of
atangent tunre, cÐncãve westerly, u¿ith aradius of lû30.00 feeft thæce
l3)aortherþ along the arc of said €Ërve¡ througb a cenEal angle of 6o 25t 00", Err ars distaþce of
115.35 fecq thencc
la)Norlh 06u 20' 00" WesÇ a distance of 210.70 feei to the west line of said southwest quarter;
the,nc.e
15) North 00o 05' 00" East, aloag said wæt line, a distance of 789.4Ë feet tc the Foint of
Beginning.
Containing a¡r area of ó.81 asres, æore os less-
EÞ{D OF DESCRIPTIOH
D{rte
Slgned
20I0-085
ls-Â-8784'WJ. No. 5354
6{r q+å
ÈO#<{'e'
EXHIBIT 'IBII
(PAffi I or r)
l'= 400'
SCAI.E IN FEET
EASÍ U!{E OF 'THE SW
1/+ OF SECTION 7,12/21
58t-040-07NORTH UNE OF TT'IE SW
1/+ OF SESBoN 7,12/21
P.O.B.
tt. l+ COÊ.
æc- 7, 12/21
,s.tr î/4 sEf.12/2î
I1EST UNE ff TIIE SW
1/4 AF SECÎoN 7, 12f21,r;iri ".;h
LEGEND
flrnru AREA T0 EE ÍEESED FGR UNÞERGndJhtDlLtLLLE PTPEUHE PURPOSES (ô.81 ACRES)
P.O.E. PolilT OF BEdNNIHG
DÂrE sH{s} ?=þ!.14-
EtllÈr&.
flEF. & *EV.
201ÍF0&ã
fl-Ar No. moz
ìrJ 53.5.1
CITY OF FRESHO
ÐEPARruENT OF PUBI.JC U{ORKS
fKu. *]. -c¡44ë¿+E-FUHD l,lo. JEUC_
ORG. fìl{L ¡l1l5ol
PtET¡ül of
5'*ve, l¡1, sEc. z TJe s, Rzt E, lt D.E È H-
To Þa Dscd.d tor PIPÐ.¡Î{E PihFOSSì
SHE=T r'lo. _l_
oF l- siEErs
15-À-878+
EXHIB¡T I'BI'
(PAGE 2 oF 2)
LEGEND
f¡¡ -zr-
=HÉü
SH1 ÍJ7
ffi AREA TO BE DEEDED FoR UNDERGf;oIJNDtØ p¡pEUHE pURposES (o.ar ecnEs)
P.OB. FüHT OF HGINNhIG
. PBEVIOUSTY cfiA¡{TEÐ N fEE SIMPI-E TO lHE
COTJNTY OF FR€SI{O BY 1HAT DEED RECffiÐED
rr/2sf1981 iN EoOr( ne3 AT PAGE 275,
oR,F.C.
s.\r. | /4
,sEc. 7
1'2//2î
580-0+G-07
SOUTH UNE OF
'rHE SW 1/+ ff
SECTON 7,12/21
¡-50'
coelPER t
Ll v=ñ-uËîL2
DE ilsør¿
eqfs- -Àt'á
ffi
CURì/E TAST
CTJR!E RÆUS LENGTH DELTA
cl 485-OO 1tìÊ.s8 12Ë0'19'
c2 5f5.0t 1S.¡1{)l?sfì'iF
c3 i255.Ð0 1ÐO.7S *rq't¡'
c4 'tС&00 115-35 6?ä'ûO'
UNE TABLE
UiIE BEARING LE}'¡ôTH
LI Nnrl¿'Eß'w o0
T2 N44Tr¿'58-Ur 69
t3 N8814'58'W
L4 stxlYls'frr-w 42€.3Ð
L5 NÐ6zfÌ'OO-$'910.7f¡
REF, & REV.
2010-os5
PtAl N0. f¡ft02lil 5s$.
CITY OF FRESNQ
Ð5PÂRruENT OF PUBLIC WORKS
PRgr E)- -!+:qð¿¿!_
FUNO H0, 4O11e
ôFÊ ñ11. /t't15t1
Fffiï0N of
s.tr frl4. sEc, 7. T.12 S, ß.ã fÈ r.BÈ ¡ lL
To bl Сodcd Íor PlPEllE PURPT$æ SCATE 1'= ¡[0O'
SHTET NO. 2
oF --2 sr{ÊEîs
f5-À-*78¿r
EXI{IBIT o.C't
Page I of2
AIIN: 580-04&07 {Fortion}
Constn¡ction Easmsnt
Atl ef that po:tion of ih€ souåwest gu¿rttr of Se¡tior 7, Township 12 Soutb Renge 21 Eås! M¡unt
Diablo Base aud Meidia4 siã¡atd Ín rhe fæuety of Froo, State of California, æmrding to tbe
Gffiçiál Uaiteal Sutæ Gova¡me,rt Toumúip Pht thcrccf, dæûibed as follows:
Commelr.ing at tte u'æi çarte* ær¡rr of se¡d Se$io¡ 7; thence South 00" 05' 0F WÊst, alo¡g úe
wcst lins of tbp southwcst quarts of ¡aid Section 7, a distæee of 65.04 fcst to a linc prrallelwiÉ
aud 65.00 fest south of, ueasürd at dght anEiles, the north line of said southwest gpæter; thence
South 87o 53' 33' Esst, along said parallel line, a distauce of 65.04 feet to the True Poiut of
Begiü¡irg of his desør'ptioa; thence
1) South t7" 53' 33" East, cortiauing aloug said parallcl liuer a di-tâEçe sf 2?73.?4 fu to the
cast line of said southwest quder, thace
2) Soi*b 00" 09' 20'Sfest, along the eest tiae of saié seuthwest qua¡t€r, a distaace of 135.08
fcen to a line pæallel urith and 20û.0û fu sauÈ od mæsu¡ed at rigËt ædes, the north line of
said souih¡r¡est qrart€r; theücs
3i Narth 87" 53' 33" West along said pøaliel lfue, a distance of 1325.79 @ tbeace
4) North û2" t6'2?" EasL a distatrê of I IS.OG fect to a line puallel with æd 90.ffi feet soutL
o4 u.easred aÊ rigþt åËgles, täe uüft Ii¡e af said souftwest qus¡tcr; thence
5) North 87o 53' 33* Wes! aloug ttre læt said parallel ling a dÍstance of 142ó.65 fd tô a lins
parallel with end 90.00 frct €ast of measr¡rcd at dght qÊEles, tlc west linc of seid sordfu¡'est
quarter, thcace
6) Sorfh00s05'00"Wesqalougthelastsaidparalleiliae,adistæceof78l.72figæüe¡oiat
of beginning of a nos.taagent crrvc, coucåve wæt*ly, with a ¡saliu$ af 1293.00 feÉ, a:rdis¡
to sairl point bea¡s North 78o 34' 26" Essq thence
7) southerlS aiong thc q¡c of said curve, throagh a ccnEal angle of I l" 3û' 34', an arc distärcÆ
a1259.74 fcet to a line paralleÌ víth ãnd 1 16,00 feet east of, measured Êt iight aagf.es, tho
west liee of eaíd southwest quafrcr; tberce
8) Sounh 00ö 05' ffi" WesÇ alorg said parallel line, a distaacc af 426.39 feet to the beeimÍpg of
a tarrge,ot cuñ/e! ænÈave wæieri5 with a ¡adius af 553.00 feet; thence
9) sorrtherly, aloag the øe of said curve, througþ a ceutal ægle cf 12o 50' i 9', aE are distence
of 123.91 fçet to the bcgin¡ing of a ievrrse curvç' çonçavÊ €astsrly, with a ¡adiru of 447.0û
feot; thence
201G.0857
I5-.{-8784?
lVJ.No.5354
EXHIBIT "C''
Page? ofZ
i0) sottthuly, aioag the a¡c of said snFrñe, thssugh a çeabal angle of l2c 50' ly', aE arç disftrce
of 100.16 feet to a line parallel with and 91.û0 f€Et cast of, meas¡¡d st dght edÈs, the wcst
Iire of said soutbwest quarter; theoce
11) South 00o 05' 00" Wesq alolg said parallel line, a distance of 844.H fʀt to thenutba{y
riglt-of-way line of tLatprtien ef Copper Avenue¡rrerrioasly acquired by the Comty pf
F¡esno by tbat Grâut ÐËd F€cûEdçd E4tcmbcr 29, IgEl ip Book 77ff *,Page275, Otrcial
Rærds of Fresao Couat¡r;úeece
l2)North 88" 14' 58" West along said nardrclyright-of-way lin€, a distauce of 38.02 fcet to a
line peralÏel with and 53.00 f€rt east of meas¡¡eif at rigþt ¡"q,I€s, the west line of said
southwcst qBætËG therce
l3)North Ûto i)5' 0tr'Eas! along said parallet line, a distancc øf M2.94 feetta the Þgiruíag of
Ã@gøt cr¡rve, coEÊeve easterl¡1 w¡th aradiru af4$5,00 fest; thæee
t4)northaly, along the lrc ofsaid cunrç, tlrcugh a catai aagle of l2o 5û' l9', atr arc dista¡ce
of I 08.68 feet æ tãe beginniag of a wt'erse cun'E coacave westerly. R.itä a radir¡s of 515.00
feet theace
1Ðûsrtherly, along the a¡c of sid cuFye! througþ a c¡nbal angle ef t2e 50' 19", an a¡e disÞ¡rcs
of I15.40 fcet to a line parallcl pith qd 7t.00 fest east o4 mcanued atrÍgþt aûgl€s, the west
line of said soühwest $¡aftq úeaæ
l6)Nortb ee" 05' 0û"EasL a dishacesf42639 f€Êtto thebegileirg cf aftagæt ca¡rvÈ, çoîe¿vc
weserly, wüh a radius of 1255.00 feet; thæee
I 7) northerly, along the a¡c of said cr¡rve, thaugþ a ce¡tral aogic of S I 5' l4', an æ distance ef
I 80.79 fËet to a line parallel witù and 65.00 fr€* east cf, measrrcd at ríght r.gleq the west
line of said souihwrst qurtEç theaee
t8)North 0æ ûS' 0û'East alarg saidparallet tine æ{ uon-taagortto the lnst said etnre, a
distsûce of 885.44 fcet to täe Tn¡e Point of Beginaicg
ConfainÍng æ æea of 6,90 ¿eires, rtrsle or læs=
ENÐ OFDESCRIPT]ON
201ÈûEsr
1s-A-87847
W.LNo.5354 #f"rzrrlF-
EXHIBIT *D''
(PAGE 1 oF 2)c r/4 coRr¡ER
sEcTì0il 7, 12/21
DATE sGtEh
NORTTI UNE OF IHE St/4 tr s€c'rrof¡ 7, 12/21
LEGEND
EAST UNE OF 1}E
sw 1/4 ff sEgfiot¡
7, 12/21
580-O{ÈO7
1'= 4ûO'
SCAIE IN FTET
ffiIT
P.O.e
T.P.O.B.
AREA Fffi TEUPORARY trÞ{SIEÜCÎO*
FURF06ES (8.0O ACfiESI
Fo${l F cor¡rtENcEl¡ENT
TFUE Pio{HT ûF gEqnffiilG
20û 400
rÉ r*Èr +-+É
w tÍ4 cofiN€F
sEcTlot{ 7,12/È1
UNE TABLE
UNE SEARINÊ IEI{GIH
L4 g#ô5'Jfl'li 85.04
Lã sa"ã3ss-E 6ãO+
REF. & ÎEV.
20TrÉ57
PtrT t{0. r}Jå.u 555{
C]TY æ FRESHC
DEPARÌ}áENT OF PUBLIC I{ORKS
Pnflil f,r- .JE4lãå13.
F¡.F|B IO __lg!¡_êlË xn ¡lt.Eìl
P0RIü or
s.f. l/t sÊc. ¿ T.tz g, Rzt E; r.D.B. â ltftr tElF0ñ^RY c$FlîtgÎl0t{ flnFGES
¡æ. ¡f 'OL
CH. EY
DÃ]=
sc¡l.g
ErEf ilfl. I
0F l-- Ê.{EE¡
IFA-878+T
P.O.c'
vr 1/4 cofir{ER
sEç'lroN 7, 12/21
EXHIBIT fID''
(PAGE 2 ÐF 2>
LEGENDw
P.O.c.
tP.o.B.
ANEA FOf,
PURPËE
ê¡\
@
¡.r --Þ
=sãã
3s
FOffT OF €OUHÐTCEIETÎ
.IRI.|ã FæIT OF BEGilüIIT{C
FfiEvqXtSLY GRÆ,lTEt lll FEE Sll¡PlE T0
:I{E CûJNTY F FRESI{O EY THAT EED
R€CoRDED sl2lgfigÈt rN BoOr( 7?sg Al
PACE E75. O.RF.C.
=¡oÞhP8 APN:gl 580-01Ð-07
11Ð'
7B'
38'
,s.r. t/4
sru. 7
T.125. R,zrE.
DATE gÖfiih
-a¡t
ù¡-
lrt
H
J
F¡â
H
ñ
ca
z.ö
(¡
H
¡ro
{
t¡¡
=
=lr¡
=oJ
J
=
1' - 4{X}'
SCåTE IN FEET
SCil}'IH LIHE OF
THE S* 1t4 ç
sEcTtot¡ 7,12/21
¡rï_t
GOFPER AVENUE
ffid
CIJRlE
CURìÆ RAD]US tENG'IH ÐELTÄ
c1 5',t5.OO 115.4C f?'EÕ'i9'
c2 555.ÍX)??3.91 f ?5ı'1q'
447.00 .16 t?sJì'tt'
n 485.00 1û8.6Ê f ?ät'lo'
c5 1255.eû 1EO,7E f,Ìq'tÁ'
c6 't29aQC 259.74 11go'J4'
LII'JE TAElr
UNf 3ËAR¡NG LENG'IH
L1 Hterdsa'w 38.02
tE Noots'oo'E 426.39
L5 qf¡filo6'nDrw +?6.53
L4 sûoî5'm't 65.04
L5 s8753'53*E +å04
ftF. È RgV.
291(Þ0857
Pi-AI hþ. 03ß+s,559{
CITY OF FRESNO
DIPARruENT tr PUBUC I¡ìIORKS
?EGÀ Ë, üçrÀáè[
FrJrtB r€. -lql]Lffi h ¿t{¡fit
P0RTttl ol
S.r. lrl+ SEc" Z T.12 E, R.2t E. X.BE t H.Ib ÏСPÍNARY æilSTRIETTI PFOSES
s'Er xo l_
cF -¡- srEEfrl
l5-A-878!+T
EJ(HIBIT,^Ert
Pag* I of I
A?N: 580440-0E {Portion)
Pipeline Easemeot
All of that portion of the sufh€astquarta sf SecËon ?, To.rnsbþ 12 Soutb, Range 21 EasÇ Mount
Ðiahlo Base aaé Mai,ti"'*, sitsåt+ ia theCormty of Fresno, Stetc of Califañi4 according to the
Official Unitd States Govaçment Towaship Piat ËrseoË being more particularly dæcribed as
follows:
.A¡ æssn€nt for pipelíne pn¡posss 65.ffi feet wide moro particularly dæe¡ibed as foÏlcws:
Thenorüerly65-00 feet ofthewesterly4T,W feet of said soutüea* quarter.
Contaíaing an area of 31057 square feet, æsre or læs.
EÌ\¡Ð GFDESCRIPTTON
201G,084
rs-A-8783
WJ. No.5354
-tt-
EXHIBIT "F''
$.v. 1/4
SEC. 7
î2/21
OAIE WITD:
5EO-040-07 58O-04O-0e
1'
SCALE
- €0'
IN FEEÍ
LEGEND
æ AREA fT} BE DEEDÊD FOR UNÐERÊR$,$IDt/ i t prpe.HE pLrRposES (s,067 sa. fl.)
¡r ß lf|.áE
FÉ I¡
cç/s- --\É
Rg, ¿r REV.
?Olo-oɡl
Ptår t{0. 0úÐ?*i ã15+
CITY OF FHËSNO
ÐEFÃR-Iì,tÉ¡¡t O¡ PUg_tC WÐRKs
PROJ 10, WLrl¡lrrlð
R|ND ¡i¡O. ¡ltll8
mr üô ¿lt Êft
PORllü{ rf
3E trl+ SEC. Z L12 s', Rzr E, tl.D.R t r.
1o bc Derd¡d for PFELIE RfiF06ES
I'Esr ra l--f 1 $lEErs
15-A-8785
EXHIBIT ffG"
Page I of I
.4PN; 58S04,0-08 (Partìon)
Cousurrction Easer¡ent
All thatprÈion of the Southeãst quüter of Sedíoa ?, Touinship 12 South, Raage 21 Fåst, Mount
Ðiablo Base sÉdMcridiat, sih¡ate in the Counf of Fresno, Staæ of Californiq accordingto tüe
Official United Stat6 Goverr¡asrt Tonuäip Plat thereof beiag æore partien¡læIy desmíbed, as
follows:
*{n easement for cansh¡ctíon pu¡p,æes aiescibed as follolÊs:
The rortherly 2ft).00 feet of the wests*y ?e0û fset of saiil souiheast qriarter.
EXCEPTING TIIEREFROM:
Tbe ror&ürfy 65.00 feeÈ' of Ê+ welrdy 47.0t fcet af såid southeast qrfft€r.
Containiug ¡¡n a¡eaof ll,338 square feet, morc or less.
EI¡D OFÐESCRIFTIÕN'
xhltl
20r0-0647
r5-A-87837
VI.J. No. 5354
kte
5¡grd
æw
EXHIBIT "H"
N.T. l,l4
SEC. 7
12t/21
DAlE gH&
s.v. î /4
SEC. 7
t2/2î s..9. î,/4
sE'f,. 7
12/2t
580-O¿fO-07
5EO-O40-09
LEGEND f'
SCALE
-âf
IH fEET
æ AREA Rfrw '/ I pt.mP6EIì
I T'FOßARY COI{EîRåE¡IT{
(11"3rS S. Ff.)
30
RE. & Ëv"
3o1û-seã
PI.AT NT 062*,5Eã4
OITY OF FRESNO
ttrÞÁP'fr¡FNT fiF trrlÊt tc wnRKs
ñw p. -eE¡ı¿Ftåþ liq' JC*!8
ê¡tl t¡ft ¿t{5tY
FoÊîffi d
EE 1/4, SEc' ¿ L13 S.¡ F.31 E, r.D3. ê ¡{.
lor lElP0RtRY Pr.ffiolsEs
Ðdffi
Cn_ ¡t ¡lOfl
ÞA'tE 8'rlill11
Sc rE t' - So'
s+fãr ilü, l_tr l- 9.ttEfs
r5-A-E7837
ENDORSEMENT - CLTA G1.1 LITIGATION
lssued By:
CHICAGO TITLE INSURANCE COMPANY
Attached to Guarantee Number:
FWFM-TO14000371
Charge: $0.00
The Litigation Guarantee is hereby amended as follows:
A. Paragraph(s) None of Part I of Schedule B is (are) hereby deleted from Part I of Schedule B and added to Part ll of
Schedule B as Paragraph(s) None
B. The paragraph(s) added to Parl ll of Schedule B by Paragraph A of this endorsement are hereby amended as follows:
None
C. Schedule C is hereby amended by adding the following:
None
No further examination has been made as to taxes, bonds and/or assessments.
This endorsement is made a part of the guarantee and is subject to all of the terms and provisions thereof and of any prior
endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the
guarantee and any prior endorsements, nor does it extend the effective date of the guarantee and any prior endorsements,
nor does it increase the face amount thereof.
Chicago Title lnsurance Gompany
Dated: December 12, 2014
Countersigned By:
-lrl-g úJ"Æ*ffi,
Authorized Officer or Agent
CLTA Gl.'l-Litigation (06/06/1 992)Printed: 12 22 14 @ 08:28AM
cA-cT-FWFM-021 80 054441-SpS-7 2021-1-14-FWFM-TO14000371
EXHIBIT "I'
CLTA LITIGATION
lssued By:
CHICAGO TITLE INSURANCE COMPANY
Guarantee Number:
FWFM-TO14000371
SUBJECT TO THE LIMITATIONS CONTAINED HEREIN, THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND
OTHER PROVISIONS OF THE CONDITIONS AND STIPUIATIONS HERETO ANNEXED AND MADE A PART OF THIS
GUARANTEE.
CHICAGO TITLE INSURANCE COMPANY
a corporation, herein called the Company
GUARANTEES
the Assured named in Schedule A against loss not exceeding the liability amount stated in Schedule A which the Assured shall
sustain by reason of any incorrectness in the assurance which the Company hereby gives that, according to the public records, as of
Date of Guarantee shown in Schedule A:
1. The title to the herein described estate or interest is vested in the vestee named in Schedule A.
2. Except for the matters shown in Schedule B, there are no defects, lìens, encumbrances or other matters affecting title to the estate
or interest in the land shown in Schedule A, which matters are not necessarily shown In the order of their priority,
3. a) the current interest holders claiming some right, title or interest by reason of the matters shown in Part ll of Schedule B are as
shown there¡n The vestee named ¡n Schedule A and parties claiming to have some right, title or interest by reason of the
matters shown in Part ll of Schedule B may be necessary parties defendant in an act¡on, the nature of which is refened to in
Schedule A.
b) the current interest holders claiming some right, title or interest by reason of the matters shown in Part I of Schedule B may
also be necessary parties defendant ¡n an action, the nature of which is referred to in Schedule A. However, no assurance is
given hereby as to those current interest holders.
4. The return address for mailing after recording, if any, as shown on each and every document referred to in Part ll of Schedule B
by specific recording information, and as shown on the document(s) vesting title as shown in Schedule A are as shown in
Schedule C.
THIS LITIGATION GUARANTEE IS FURNISHED SOLELY FOR THE PURPOSE OF FACILITATING THE FILING OF THE ACTION
REFERRED TO IN SCHEDULE A. IT SHALL NOT BE USED OR RELIED UPON FOR ANY OTHER PURPOSE.
lN WITNESS WHEREOF, CHICAGO TITLE INSURANCE COMPANY has caused this Guarantee to be signed and sealed by its duly
authorized otficers.
Chicago T¡tle lnsurance Company
By:
Ghicago Title Gompany
2540 W. Shaw Lane, Suíte 1 12
Fresno, CA 93711
Countersigned By:
[wW^
Attest:
SecretaryAuthorized Officer or Agent
CLTA Lit¡gation Guarantee (1211611992)
Pegê 1
Printed: 06.19 14 @ 12.10PM
cA-cT-FWFM-021 80.0s4441-sPS-72021 -1-1+FWFM-TO1 4000371
CHICAGO TITLE ¡NSURANCE COMPANY GUARANTEE NO. FWFM-TO14OOO371
ISSUING OFFICE:
Title Officer: Laura Marquez
Chicago Title Company
2540 W. Shaw Lane, Suite '1 12
Fresno, CA 9371 1
Phone: (559)492-4217 Fax (559)488-8530
Main Phone: (559)492-4208
Email: lmarouezaôfnf.com
SCHEDULE A
1. NAME OF ASSURED: City of Fresno
2. DATE OF GUARANTEE: June 10,2014 at08:004M
3. THIS LITIGATION GUARANTEE IS FURNISHED SOLELY FOR THE PURPOSE OF FACILITATING THE FILING OF
AN ACTION TO:
Eminent Domain
4. THE ESTATE OR INTEREST IN THE LAND WHICH IS COVERED BY THIS GUARANTEE IS:
A Fee
5. TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN:
Earleen Lesher by Grant Deed dated November 04, 1963, as to Parcel 1; and Earleen M. Lesher, as to an
undivided 72o/o, and Velda D. Lesher, as to an undivided 28o/o, as to Parcel 2
6. THE LAND REFERRED TO IN THIS GUARANTEE IS DESCRIBED AS FOLLOWS:
SEE EXHIBIT ''A'' ATTACHED HERETO AND MADE A PART HEREOF
END OF SGHEDULE A
CLTA Litigation Guarantee (1211611992) Printed: 06 19.14 @ 12:11pM
Page 2 CA-CT-FWFM-021 80 054441 -SPS-72121-1-14-FWFM-TO1 4000371
LIABILITY FEE TITLE OFFICER
$50,000.00 $s00.00 Laura Marquez
EXHIBIT ''4"
Legal Description
For APN/Parcel lD(s): 580-040-07 and 580-040-08
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE UNINCORPORATED AREA IN COUNTY OF
FRESNO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
Parcel l: (Apn: 580-040-08)
TheNorthhalf of theWesthalf of theSoutheastquarter(N%Se%) of SectionT,Townshipl2South,Range2l East,
M.D.B.&M., in the County of Fresno, State of California, according to the Official Plat thereof. Containing approximately 40
Acres, more or less.
Excepting therefrom, an undivided one-half interest in all oil, gold or other minerals that may be situated in or under said
land, or may be hereafter discovered in or under said land, together with the right to enter said property for the purpose of
removing the same as reserved by Harry W. Ball and Pearl Ball, in Document recorded in Book 605, Page 272, oÍ Official
Records.
Parcel 2: (Apn: 580-040-07)
The Fractional Section SW % of Section 7, Township 12 South, Range 21 East, M.D.B.&M, in the County of Fresno, State
of California, according to the Official Plat thereof.
Excepting therefrom, that portion conveyed to the County of Fresno in Document recorded in Book 7793, Page 275 oÍ
Official Records, and described as follows:
TheSouth30feetoftheSouthwestquarterof SectionT,Townshipl2South,Range2l East,M.D.B.&M,intheCountyof
Fresno, State of California, according to the Offìcial Plat thereof.
Also a parcel of land described as follows:
Beginning at the intersection of the North boundary of said South 30 feet and the West boundary of said Southwest
quarter; thence,
(1) North 0" 08' 22" West along said West boundary quarter; thence
(2) South 88" 28' 32" East parallel with said North boundary, 30.00 feet; thence,
(3) South 44" 18'27" East,28.69 feet to said North boundary; thence,
(4) North 88" 28' 32" West, 50.00 feet to the Point of Beginning.
Also excepting therefrom, an undivided one-half interest in all oil, gold or other minerals that may be situated in or under
said land, or may be hereafter discovered in or under said land, together with the right to enter said property for the
purpose of removing the same as reserved by Harry W. Ball and Pearl Ball, in Document recorded in Book 605, Page 272,
of Official Records.
ClTALitigationcuarantee(121'l6l'1992) Printed: 06 19 14@12:1|1pu
Page 3 CA-CT-FWFM-02180.054441-SPS-72021-1-14-FWFM-IO14000371
CHICAGO TITLE INSURANCE GOMPANY GUARANTEE NO. FWFM.TO14OOO37l
SCHEDULE B
PART I
Defects, liens, encumbrances or other matters affecting title:
1. Reservations contained in the Patent
From: The United States of AmericaTo: lsaiah S. Beach
Recording Date: April 10, 1876
Recording No.: in Book "1", Page 43, of Patents
Which among other things recites as follows:
Subject to any vested and accrued water rights for mining, agricultural, manufacturing, or other purposes
and rights to ditches and reservoirs used in connection with such water rights, as may be recognized and
acknowledged by local customs, laws and decisions of the courts; and also subject to the right of the
proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to
penetrate or intersect the premises hereby granted, as provided by law.
2. Reservations contained in the Patent
From: The United States of AmericaTo: James Shorten
Recording Date: April 10, 1876
Recording No.: in Book "1", Page 44, of Patents
Which among other things recites as follows:
Subject to any vested and accrued water rights for mining, agricultural, manufacturing, or other purposes
and rights to ditches and reservoirs used in connection with such water rights, as may be recognized and
acknowledged by local customs, laws and decisions of the courts; and also subject to the right of the
proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to
penetrate or intersect the premises hereby granted, as provided by law.
Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be
levied for the fiscal year 2014-2015.
Property taxes, including any personal property taxes and any assessments collected with taxes are as follows:
3
4
Code Area:
Tax ldentification No.
Fiscal Year:
1st lnstallment:
2nd lnstallment:
Exemption:
Land:
lmprovements:
Personal Property:
076-005
580-040-07
2013-2014
$3,966.85 Paid
$3,966.85 Paid
$7,000.00
$587,71s.00
$74,371.00
$0.00
CLTA Litigation Guarantee (121161'1992)
Page 4
Printed: 06 19 14 @ 12:11PM
cA-cT-FWFM-021 80,0s4441 -SPS-72021 -1 -1 4-FWFM-TO1 400037'1
CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. FWFM.TOl4OOO37l
SCHEDULE B
(continued)
Prior to close of escrow, please contact the Tax Collector's Office to confìrm all amounts owing, including current
fiscal year taxes, supplemental taxes, escaped assessments and any delinquencies.
Affects: Parcel 2
5. Propefty taxes, including any personal property taxes and any assessments collected with taxes are as follows:
Code Area: 076-005
Tax ldentification No.: 580-040-08FiscalYear: 2013-2014
1st lnstallment: $835.65 Paid
2nd lnstallment: $835.65 PaidExemption: $0.00Land: $132,066.00lmprovements: $5,231.00
Personal Property: $0.00
Prior to close of escrow, please contact the Tax Collector's Office to confirm all amounts owing, including current
fiscal year taxes, supplemental taxes, escaped assessments and any delinquencies.
Affects: Parcel 1
6. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of
Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and
Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as
a result of changes in ownership or new construction occurring prior to Date of Policy.
7. Taxes and assessments levied by the Fresno lrrigation District.
8. Taxes and assessments levied by the Sierra Resource Conservation District.
L Said land lies within the boundaries of the Fresno Metropolitan Flood Control District and is subject to the
potential of the payment of drainage fees and/or the requirement of construction of drainage facilities as a
condition of development, reconstruction, additions or alterations associated with said land.
lf the parties involved in this transaction desire further information as to the effect this resolution may have on said
land, they may contact Fresno Metropolitan Flood Control District at (559) 456-3292.
10. Rights of the public to any portion of the Land lying within the area commonly known as
Willow Avenue, Copper Avenue and Auberry Road.
11. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to: County of FresnoPurpose: Right of way
Recording Date: January 5, 1881
Recording No.: in Book "T", Pages 560 through 563, of DeedsAffects: Those portions of said land as described therein
CLTA L¡tigat¡on Guarantee (1211611992) Printed: 06.19.14 @ 12:1.1p¡/
Page 5 CA-CT-FWFM-02180 054441-SPS-72O21-1-14-FWFM-TO14000371
CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. FWFM-TO14OOO371
SCHEDULE B
(continued)
12. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to: County of FresnoPurpose: Public roads and incidental purposes
Recording Date: July 18, 1886
Recording No.: in Book 52, Page 18, of DeedsAffects: That portion of said land as described therein
13. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to: County of FresnoPurpose: Public roads and incidental purposes
Recording Date: March 6, 1888
Recording No.: in Book 78, Page 261, of DeedsAffects: That portion of said land as described therein
14. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to: County of FresnoPurpose: Public roads and incidental purposes
Recording Date: April 8, 1889
Recording No.: in Book 92, Page 467, of DeedsAffects: That portion of said land as described therein
15. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to: Pacifìc Gas and Electric Company, a California Corporation
Purpose: Public utilities and incidental purposes
Recording Date: September 20,1946
Recording No.: 63615, in Book 2407 , Page 206, of Official RecordsAffects: That portion of said land as described therein
16. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other matters shown on
Map: Record of Survey
Recording Date: May 15, 1968
Recording No.: in Book 24, Page 59, of Record of Surveys
17. Matters contained in that certain document
Entitled: Right of Way AgreementDated: June 3, 1964
Executed by: Earleen M. Lesher and Velda D. Lesher
Recording Date: June 26, 1964
Recording No.: 50119, in Book 5028, Page 438, of Official Records
Reference is hereby made to said document for full particulars.
CLTALitigation Guarantee(12l16/1992) Pr¡nted: 06.1914@12:11PM
Pase 6 CA-CT-FWFM-02180 054441-SPS-72021-1-14-FWFM-TO14000371
CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. FWFM.TO14OOO371
SCHEDULE B
(continued)
18. Matters contained in that certain document
Entitled: Garfield Telephone Company, Consent for Joint Use of Right of WayDated: March 30, 1962
Executed by: Garfield Telephone Company
Recording Date: October 1 1, 1966
Recording No.: 73212, in Book 5366, Page 298, ol Official Records
Reference is hereby made to said document for full particulars.
19. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to: Garfield Water District, a public water districtPurpose: Pipe lines and incidental purposes
Recording Date: November 10, 1966
Recording No.: 81328, in Book 5376, Page 535, of Official RecordsAffects: This and other property
20. Matters contained in that certain document
Entitled: Resolution to Convey Right of Way Property to the United States of America (P.S. 130
Project)Dated: November 9, 1966
Executed by: Garfield Water District
Recording Date: December 14, 1966
Recording No.: 89037, in Book 5387, Page 467, of Official Records
Reference is hereby made to said document for full particulars.
21 . Matters contained in that certain document
Entitled: Resolution of the Board of Directors of Garfield Water District, Quitclaim Deed
Dated: October 27, 1966
Executed by: Garfield Water District
Recording Date: December 14, 1966
Recording No.: 89038, in Book 5387, Page 474, of Official Records
Reference is hereby made to said document for full particulars.
22. Matters contained in that certain document
Entitled: Right Of Way DeedDated: November9,1966
Executed by: Garfield Water District, a California Water District
Recording Date: July 28, 1967
Recording No.: 50682, in Book 5464,Page 283, of OfficialRecords
Reference is hereby made to said document for full particulars.
and re-recorded August 8, 1967, as Document No. 53145, in Book 5468, Page 142, of Official Records.
CLTAL¡tigationcuarantee(1211611992"t Printed: 06 19.14@12:11PM
Page 7 CA-CT-FWFM-02180 054441-SPS-7202'|-1-14-FWFM-TO 14000371
CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. FWFM-TOI4OOO371
SCHEDULE B
(continued)
23. Please be advised that our search did not disclose any open Deeds of Trust of record. lf you should have
knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior
to closing.
END OF SCHEDULE B - PART I
Plinted: 06.19.'14 @ 12:1 1PM
Page I CA-CT-FWFM-02180 054441-SPS-72021-1-14-FWFM-TO14000371
CLTA L¡tigation Guarantee (121 1 61 1992)
CHICAGO TITLE INSURANCE GOMPANY GUARANTEE NO. FWFM.TO14OOO37I
SCHEDULE B
PART II
NONE
END OF SCHEDULE B - PART II
CLTA Litigation Guarantee (12116fi994 Pr¡nted: 06.'19 14@12i11PM
Page 9 CA-CT-FWFM-02180.054441-SPS-72021-1-14-FWFM-TO14000371
GHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. FWFM.TOl 4OOO371
Vested Owner:
Earleen Lesher
Velda D. Lesher
3310 E. CopperAve
Clovis CA 93619
END OF SCHEDULE C
CLTALitigalion Guarantee (1211611992) Printed: 06.19.14@ 12:11PM
Páge10 CA-CT-FWFM-02180054441-SPS-72021-1-14-FWFM-TO14000371
2
CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. FWFM-TO14OOO37I
1.
SCHEDULE OF EXCLUSIONS FROM GOVERAGE OF TH¡S GUARANTEE
Except to the extent that specifìc assurances are provided in Schedule A of th¡s Guarantee, the Company assumes no liability for loss or damage
by reason of the following:
(a) Defects, liens, encumbrances, adverse claims or other matters againsl the title, whether or not shown by the public records.
(b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or (2) Proceedings by a public agency
which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by
the records ofthe taxing author¡ty or by the public records.
(c) (1) Unpatented mining claims; (2) reservations or exceptions ¡n patents or ¡n Acts authorizing the issuance thereof; (3) water rights, claims or
title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records.
Notwithstanding any specifìc assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or
damage by reason of the following:
(a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly
described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, Ianes, ways or
wateMays to which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any slructure or improvements; or any rights or
easements therein, unless such property, rights or easements are expressly and specifically set forth in said description.
(b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered,
assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or
potential invalidity of any judicial or non-judicial proceeding which is within the scope and purpose of the assurances provided.
(c) The identity of any party shown or referred to in Schedule A.
(d) The validity, legal effect or priority of any matter shown or referred to ¡n this Guarantee.
GUARANTEE CONDTTTONS AND STTPULATTONS (09/12108)
DEFINITION OF TERMS
The following terms when used in the Guarantee mean:
(a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company
(b) "land": the land described or referred to in Schedule (A), (C) or in Part 2, and improvements affìxed thereto which by law constitute real
property. The term "land" does not include any property beyond the lines of the area descr¡bed or referred to in Schedule (A), (C) or in Part 2,
nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or wateruays.
(c) "mortgage": mortgage, deed oftrust, trust deed, or other security instrument.
(d) "public records": records established under state statutes at Date of Guarantee for the purpose of ¡mparting constructive notice of matters
relating to real property to purchasers for value and without knowledge
(e) "date": the effective date
NOTICE OF CLAIM TO BE GIVEN BYASSURED CLAIMANT
An Assured shall noti! the Company promptly ¡n wr¡ting in case knowledge shall come to an Assured hereunder of any claim of title or interest
which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable
by virtue of this Guarantee. lf prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the
matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of
any Assured underthis Guarantee unless the Company shall be prejudiced by the failure and then only to the extent ofthe prejudice.
NO DUTY TO DEFEND OR PROSECUTE
The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of
any allegation in such action or proceeding.
COMPANY'S OPTION TO DEFEND OR PROSECUTE ACTIONS; DUTY OF ASSURED CLAIMANT TO COOPERATE
Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above:
(a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as
lim¡ted in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated
herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any
appropr¡ate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or
waive any provision of this Guarantee. lf the Company shall exercise its rights under this paragraph, it shall do so diligently.
(b) lf the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice
(subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be l¡able for and will not pay the
fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of
action which allege matters not covered by this Guarantee.
(c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company
may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the r¡ght, in its sole discretion, to
appeal from an adverse judgment or order.
(d) ln all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall
secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit
the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the
Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing ev¡dence, obtaining witnesses,
prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to
theestateor¡nterestasstatedherein,ortoestablishthelienrightsoftheAssured. lftheCompanyisprejudicedbythefailureoftheAssured
to furnish the required cooperation, the Company's obligations to the Assured underthe Guarantee shall terminate.
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CLTA Litigat¡on Guarantee (121'l 61 1992)
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CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. FWFM.TO14OOO371
(continued)
PROOF OF LOSS OR DAMAGE
ln addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of
loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain
the facts giving rise to the loss or damage The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the
basis of lıss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. lf the Company is
prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such assured under the
Guàrantee shall terminate. ln addition, the Assured may reasonably be required to submit to examination under oath by any authorized
representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be
designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether
bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any author¡zed
represèntative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company, to examine,
inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably
pertain to the loss or damage. All information designated as confìdential by the Assured provided to the Company pursuant to this Section shall
not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the
Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably
necessary information from third part¡es as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate
any liability of the Company under this Guarantee to the Assured for that claim.
OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS: TERMINATION OF LIABILITY
ln case of a claim underthis Guarantee, the Company shall have the following additional options:
(a) To Pay or Tender Payment of the Amount of Liability or to Purchase the lndebtedness.
The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to
the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefìt of
a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said
lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimanl which
were authorized by the Company up to the time of purchase.
Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. ln
the event after notice ofclaim has been given to the Company by the Assured lhe Company offers to purchase said indebtedness, the owner
of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the
purchase price.
Upon the exercise by the Company of the option provided for ¡n Paragraph (a) the Company's obligation to the Assured under this Guarantee
for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to
continue the defense or prosecution of any l¡tigation for which the Company has exercised its options under Paragraph 4, and the Guarantee
shall be surrendered to the Company for cancellation.
(b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant.
To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee,
together w¡th any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the
time of payment and which the Company is obligated to pay.
Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee
for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to
continue the defense or prosecution of any litigation forwhich the Company has exerc¡sed its options under Paragraph 4.
DETERMINATION AND EXTENT OF LIABILITY
This Guarantee is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered
loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the
Exclusions From Coverage of This Guarantee.
The liability of the Company under this Guarantee to the Assured shall not exceed the least of:
(a) the amount of liability stated in Schedule A or in Part 2;
(b) theamountoftheunpaidprincipal indebtednesssecuredbythemortgageofanAssuredmortgagee,aslimitedorprovidedunderSection6of
these Conditions and Stipulations or as reduced under Section I of these Conditions and Stipulations, at the time the loss or damage
assured against by this Guarantee occurs, together with interest thereon: or
(c) the dlfference between the value of the estate or interest covered hereby as stated herein and the value of the estate or ¡nterest subject to
any defect, lien or encumbrance assured against by this Guarantee.
LIMITATION OF LIABILITY
(a) lf the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this
Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully
performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby.
(b) ln the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until
there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as
stated herein.
(c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or
suit without the prior written consent of the Company.
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CLTA L¡tigation Guarantee (1211611992)
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CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. FWFM.TO14OOO37l
(continued)
REDUCTION OF LIABILITY OR TERMINATION OF LIABILITY
All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the
amount of liability pro tanto.
PAYMENT OF LOSS
(a) No payment shall be made w¡thout producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or
destroyed, in which case proof of loss or destruct¡on shall be furnished to the satisfaction of the Company
(b) When liability and the extent of loss or damage has been definitely fìxed in accordance with these Conditions and Stipulations, the loss or
damage shall be payable within thirty (30) days thereafter.
SUBROGATION UPON PAYMENT OR SETTLEMENT
Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by
any act of the Assured claimant.
The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property
inrespecttotheclaimhadthisGuaranteenotbeenissued. lfrequestedbytheCompany,theAssuredshall transfertotheCompanyall rightsand
remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue,
compromise or settle in the name of the Assured and to use the name of the Assured ¡n any transaction or litigation involving these rights or
remedies.
lf a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the
Assured afterthe Assured shâll have recovered its principal, interest, and costs ofcollection.
ARBITRATION
Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title lnsurance Arb¡tration Rules
of the American Land Title Association.
Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to
this Guarantee, any service of the Company in connection w¡th its issuance or the breach of a Guarantee provision or other obligation. All
arbitrable matters when the Amount of Liability is Two Million And No/100 Dollars ($2,000,000) or less shall be arbitrated at the option of either the
Company or the Assured. All arbitrable matters when the amount of liability is in excess of Two Million And No/,l00 Dollars ($2,000,000) shall be
arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the part¡es.
The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a
prevailing party Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the Title lnsurance Arb¡hat¡on Rules.
A copy of the Rules may be obtained from the Company upon request.
LIABIL¡TY LIMITED TO THIS GUARANTEE; GUARANTEE ENTIRE CONTRACT(a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the
Assured and the Company. ln interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole.
(b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee.
(c) No amendment of or endorsement to th¡s Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either
the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company.
NOTICES, WHERE SENT
All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this
Guarantee and shall be addressed to the company at:
Chicago Title lnsurance Company
P.O. Box 45023
Jacksonville, F L 32232-5023
Attn: Claims Administration
END OF CONDITIONS AND STIPULATIONS
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CLTA Litigation Guarantee (1 21 1 61 1992)
Page 13
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cA-cT-FWFlvt-021 80 054441 -SPS-72021 -1 -1 4-FWF M-TO1 4000371
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Recording Requested By:
Public Works Department
City of Fresno
No Fee-Gov't. Code Sections
6103 and 27383
When Recorded, MailTo:
Public Works Department
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3623
ATTN: Jeff Beck
SPACE ABOVE THIS LINE FOR RECORDERS USE
EARLEEN M. LESHER AND ESTATE OF VELDA D. LESHER, EARLEEN M. LESHER, EXECUTOR,
GRANTORS, hereby GRANT to the City of Fresno, a municipal corporation, GRANTEE, an easement and
right-of-way for surface water supply pipeline purposes over, under, through, and across that certain parcel of
land situated in the County of Fresno, State of California, more particularly described follows:
SEE ATTACHED EXHIBITS'4" and "8", INCORPORATED
HEREIN BY REFERENCE
TOGETHER WITH the right to enter upon said land and lo use equipment and other materialthereon by said
City, its agents, employees, contractors, subcontractors and their employees, whenever and wherever
necessary for the purpose of conslruction, reconstruction, enlargement, inspection, operation or repair of said
surface water supply pipeline and appurtenances thereto, Said easement to be maintained by GRANTOR free
of any surface obstruclions so that GRANTEE may have vehicular access at all times.
Dù", dr/Á4/<
APN s80-040-07 (PORTTON)
DEED OF EASEMENT
EARLEEN M. LESHER
Ên,u*, W Xu..r^*
ESTATE OF VELDA D. LESHER,
EARLEEN M, LESHER, EXECUTOR
201.0-085
15-A-8784
W.J. No. 5354
ACKNOWLEDGMENT
A lotary public or other officel completing this ceúificate verifìes only the ideutity of the individual who signed
the docurnent to which this cerlihcate is attached, and not the truthfulncss, accuracy, or validity of that document.
STATE OF CALIFORNIA ) ss
corrNTY oF FRESNO )
On August 31,2015, before me, Terri L. Edwards, a notary public, personally appeared
EARLEEN LESHER, who proved to me on the basis of satisfactory evidence to be the person whose
name is subscribed to the within instrument and acknowledged to me that she executed the same in
her authorized capacity and that by her signature on the instrument thc person, or the entity upon
behalf of which the porson acted, executed the instrument,
I cerlify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is tlue and correct.
WITNESS my hand and official seal.
ACKNO\ryLEDGMENT
A notary public or other officer cornpleting this celtificate verifìes only the iclentil"y of the individual who signed
the docurnent to which this certificate is attached, and not the kuthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COIINTY OF FRESNO
On August 37,2015, before me, Teni L. Edwards, a notary public, personally appeared
EARLEEN LESHER, who proved to me on the basis of satisfactory eviclence to be the person whose
namc is subscribed to the within instrument and acknowledged to me that she executed the same in
her authorized capacity and that by her signature on the instrument the person, or the entity upon
behalf of which the persorl acted, executecl the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
lòregoing paragraph is true and colrect.
WITNESS my hand and offìcial seal.
TERRI L. EDWAR
coÀ/M. # 2009000
ARY PUBLIC. CALIFORNIA
FRESNO COUNTY
)ss
)
col,tM. EXPTRES rea. ze, zolz;
A notary public or other officer completing this certificate verifies only
the identity of the individual who signed the document to which this -
certificate is attached, and not the truthfulness, accuracy or validity of
that document.
State of California )
County of Fresno )
On
DATE NAME
Notary Public, personally appeared,
NAME(S) OF STGNER(S)
who proved to me on the basis of satisfactory evidence, to be the
person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certtfy under PENALTY OF PERJURY
underthe laws of the State of California
that the foregoing paragraph is true and
conect.
WITNESS my hand and officialseal
SIGNATURE OF NOTARY
-
oPTIoNAL SEGTTON
-
tr tNDTvtDUAL(S
tr coRPoRATE OFFTCER(S)
TITLE(S)
tr PARTNERS tr LIMITED
tr GENERAL
tr ATTORNEY.IN-FACT
tr TRUSTEE(S)
tr GUARDIANSHIP/CONSERVATOR
SIGNER IS REPRESENTING
NAME OF PERSON(S) OR ENTITY(IES)
o
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FOR F FRESNO USE O
CERTIFICATE OF ACCEPTANCE (Officer)
ln accordance with Section 27281 of the Government
Code, this is to certify that the interest in real property
conveyed hereby is accepted by the undersigned officers
on behalf of the Council of the City of Fresno pursuant to
authority conferred by Resolution No. 92-2194 of said
Council, adopted June 9, 1992 and the grantee consents
to the recordation thereof by its duly authorized officer.
Public Works Director
ACCEPTED:
DEP[JTY
CERTIFICATE OF AcCEPTANCE (Council)
ln accordance with Section 27281 of the Government
Code, this is to certify that the interest in real property
conveyed by this instrument to the City of Fresno, a
municipal corporation, is hereby accepted by order of the
Council of the City of Fresno made on the date hereafter
set fodh and the grantee consents to the recordation
thereof by its duly authorized officer.
Item No./Reso. No.
Date of Council.Order:
City Clerk
APPROVED AS TO FORM:
City
CHECKED:
Title: Supervising Enqineerinq Technician
Date: 9-3-f S
By:
By:
RECOMMENDED FOR AGCEPTANCE:
Date: 1-3- I 6
Log No Z-otO-O?q Drawing No.r5 -¿ -Z'7 ?'4
EXHIBIT "A''
Page I of2
APN: 580-040-07 (Portion)
Pipeline Ea.secoe,nt
All of that portion of the soulbwest quart€r of Section 7, Township 12 South, Range 21 Eâst, Mount
Diablo Base and Meridía4 situated in the County of Fresno, State of Califomi+ according to the
Õfficial United States GovErnment Township Plat thereot described as follows:
Beginning at the west quarter corner of said Section 7; thçnce
l) South 87o 53' 33" East along the north line of the southwest quarterof said Section 7, a
distanc€ of 2838.86 feet to tbe northeast @rner of said southwest quarter; thencæ
2) South 00o 09' 20" West, along the east line sf said southwest quarter, a distance of 65,04 feet
to a line parallel wjth aad 65.00 fcet south oi mcasured at right angles, thc north line of said
southwæt quarter; thence
3) North 87o 53' 33" IVest, along said parallel line, a distance of 2773,74 feet to a linc parallel
witb and 65,00 fe€t east of measr¡¡ed at right angles, the west line of said soutbwest quarter;
therrce
4) South 00o 05' 00" West, along the last said parstlel ling a distance of 885.44 feet to the point
of beginning of a non-tang€r¡t curve, concave westerly, with aradius of 1255.00 feet, a rarlial
to said point bears North 81" 49' 46- East; theuce
5) southerly, along the arc of said curve; tfuough a cenhal angle of 8o 15' 14", an arc distance of
180.79 fest to a line parallel with and 78.00 feet east of, measured at right angles, the west
line of said souihwest quarter; tïence
ó) South 00" 05' 00" West, along said parallel line, a distance of 426.39 feet to the begínning of
at¿ng€,ntsurve, concâve westerly, with aradius of 515,00 fett; thence
7) southerþ, along the sro of said cuwe, through a cenbal angle of 1!o 50i 19", an arc distance
of ll5.40feettothebeginaingof areverse surve, conÇavseasterly,witharadiusof 485.00
feet; the,nce
8) southerly, along the a¡c of said cuwe, through a cental angle of 12o 50' 19", an arc distance
of 108.68 feet to a line parallel rvith a¡d 53.00 feet east of, measwed at right angles, the west
li¡e of said southwest quárter; thence
9) South 00' 05' 00" WÇst, along said parallel line, a dista¡ce of 842.94 feet to the northerþ
rigþt-oÊway line of that portion of Copper Avenue previously acquired by the County of
Fresno by that Grant Desd re¡ord.ed Septernber29, 1981 in Book 7793 alPage275, Official
Records of Fresno Counfg tlerce
2010-085
l5-A-8784
W.J. No.5354
E)ü{IBIT "â,"
laee? of2
l0)North 88o 14' 58"'West, along said northerlyright-of-way line, a distancc of 3.01 feet; thence
I 1) North 44" 04' sg"'West, continuing along said northøly linq a distatcc of 28.69 feet to a
line parallel with and 30.00 f6çt east 04, measued at rigbt angles, the west line of said
southwcst çartefi thene¡e
l2)Nortb 00o 05' 00" East, along said paratlel line, a distance of t 489-93 feet to the beginning of
a tangent surv€, concave westerly, with a radius of i030.00 feet; thencc
13) northerly, along the arc of said curve, through a cenFal angle of 6o 25' 00", a¡r Ftc disønce of
115,35 feet; thence
l4) North 06o 20' 00" Wes! a distance of 21t.70 feet to the west li¡e of said southwest quarter;
tbcncc
15)North 00o 05' 00" East, along saîd wast line, a distance of 789.40 feet to the Point of
Beginning-
Containing an areaof 6.81 acres, more or less.
END OF DESCRIPTION
?Zl*oztz tt
2010-085
15-A-8784
WJ. No.5354
U'
EXHIBIT IIB'I
(PAGE 1 0r 2)
N.W. 1/4
SEC. 7
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PRITCH.\RD
å¡ÈæàE
IEE-
-ñtu¡r-ıBÉñ
\\
1'= 400'
SCALE IN FEET
EASI UNE OF THE SIfl
1/4 oF SECTON 7.12/21
APN: ı80-04107NORI}I UNE OF 'II{E SIV
1/4 OF SEC'rioN 7, 12/2t
P.O.B.
\tt, lt COR.
sBc. 7, 12/21
LEGEND
AREA TO BE DEEDED FOR UNDERGf,qJND
il il il fl ptpELlNE puRposEs (6.81 AcRES)
P.O.B. PONT OF BEGNNING
1/4 SEC.î2/21
IIEST UNE OF ÏIIE SW
1/4 OF SEeïON 7,12/21
DÀïE scilEn ?=h!L
E) h ËtrE
wÐ
fS. & REY,
201 0-065
PL T NO. 0002
l{/J 53f,
CITY OF FRESNO
DEPARruENT OF PUBLIC WORKS
¡,floè ro. -Ewl4!lL
FUNo No. 40il8
ôldl Nñ at15nr
P0f,1l0il of
5_W. 1/+, SËq 7. T.12 S, R2t E., r¡,A È U.
To br Dccdrd tor PIPEUNE PURPOSES
sllEET ¡ro, -J_w 3- s¡¡rrs
15-A-8784
EXHIBIT IIBI'
lerce z or z)
LEGEND
¡¡,1 -
ZFfH
úôFb llt: l,¡l¿vj
Ø ÁREA TO BE DEEDED FOR UNDERGROIJNDlru ptpElJNE p1RpOSES (6.81 ACRE5)
P.O.B. PONÎ OF BEGINNING
I PREVIOIJSLY GfiANTED IN FEE SIMPTE TO THE
CCIJNTY OF FRESflO 8Y 1HAT DED RECORDED
s/29/1581 lN BOOI( T|SS AT PAæ. 278,
o.R,F.C.
l¡la-a8
A-rno)0
FBz Fc¡I
'rflp
etÒU'
s. Dr. 1/4
.s.Ec, 7
t 2/21
OATE g6ET
1'= 4OO'
SCATE IN FEET
580-040-07
=
SOUTH UNE OF
IHE STr 1/+ æ
sEcnoN 7,12/21
PROVOSTA
PRITCT.TARD
L1 vT n-rrrfL2
¡¡æHÞE?
-ú-a¡lå.r5.o!a ËH-*,¡flfr+
*t,'/ /l*W
E IABIE
CURIIE RADIUS LENGTH DELTÂ
ct 485.O0 108.88 f 23ll'1 9'
c2 515.00 ri5.1{)1r1sn'lq'
CJ 1255.00 180.79 Ã.t
^'l -â'
c4 1030.00 115.J5 625'00-
UNE TABLE
LNE BEAR1NG LE].IG?H
Ll NË814 58',YJ 30.00
12 Ntl"TlÂ'Eo'w 29.89
ut Nnâ14'ß8'yt 3.Ol
L4 sônîi'f|ô'w ó26-39
t5 Nô5'20'OO'W 21ô-70
RF. & ReV.
20ro-o85
PLA'T NO. OOO2
WJ É55/t
CITY OF FRESNO
DEPART'I4ENT OF PUBLIC WORKS
PRqt Ð,
FUND NO
ORG. NO.
__áfÚ3_
41 1 å01
poRroil of
sw. t/4, sfo, 7, T.t2 s, R21 E, L,D,& ¡ 9.
To bc lhcdrd for PIPEUH8 PURPOSES 5ç¡ç r'- 400'
SHEET NO. 2
OF 2 SHEETS
t5-A-8784
Recording Requested By:
Public V/o¡ks Department
Gity of Fresno
No Fee-Gov't. Code Sections
6103 and 27383
When Recorded, MallTc:
Public Works Department
City of Fresno
2600 Fresno Street
Fresno, C493721-3623
ATTN: Jeff Beck
EARLEEN LESHER, GRANTOR, hareby GRANTS to the Gity of Fresno, a munlcipal corpcration, GRANTEE,
an eas€ír¡eflt and dghlof-way for surface water supply pipeline purposes over, under, through, and across thal
certain pareel of land situated in the County of Fresno, State of Califomia, more particularly described follows:
SEE ATTACHED EXHIBITS "4" and nB", INCORFORATED
HEREIN BY REFERENCE
TOGETHER WITH the right to enter upon said land and to usa equÌpment and oll'¡er material thereon by said
City, ils agents, omployees, contractors, subcontractors and their employees, whenever and wherever
necessary for the purpose of conslruclion, reconslruction, enlargement, inspeclion, operation or repair of said
surface water supply pipeline and appurtenanceË thereto. Said easement lo be maintained by GRANTQR frae
of any surface obstructions so that GRANTEE may have vehicular êccess at all tirnes.
2010{84
15-A-8783
W.J. Flo.5354
SPACE AEOVE THIS LINE FOR RËCORDERS USE
APN 580-o4o{B (PORTTON)
DEED OF EASEI\4ENT
EEN LESHER
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verihes only the identity of the individual who signed
the docurnent to which this certificate is attached, and not tlie tluthfulness, accuracy, or validity of that document.
STATE OF CALIFORNiA
COUNTY OF FRESNO
On August 31,2075, before me, Terri L. Edwarcls, a notary public, personally appeared
EARLEEN LESHER, who proved to me on the basis of satisfactory evidence to be the person whose
narne is subscribed to the within instrumerf and acknowledged to me that she executed the same in
her authorized capacity and that by her signature on the instrument the person, or the entity upon
behalf of which the person acted, executed the instrument.
I certif,i under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.TERRI L. ËDWARDS
coMM. # 2009000
ÂRY PUBLIC - CALIFORNIA
FRESNO COUNry
COMM, EXPIRES FEB, 28, 2017
(Seal)
)
)ss
)
A notary public or other officer completing this certificate verifies only
the identity of the individual who signed the document to which this
certificate is attached, and not the truthfulness, accuracy or validity of
that document.
-
oPTtoNAL SECTTON
-o
:)T
t'-IoooF
tr tNDTVTDUAL(S
tr CORPORATE OFFICER(S)
TITLE(S)
tr PARTNERS T LIMITED
O GENERAL
tr ATTORNEY-IN-FACT
tr TRUSTEE(S)
D GUARDIANSHIP/CONSERVATOR
SIGNER IS REPRESENTING
NAME OF PERSON(S) OR ENT|TY(rES)
State of California )
County of Fresno )
On before me,
DATE
NotaryPublic'personallyappeared'
NAME(')oFSTGNER(.)
who proved to me on the evidence, to be the
person(s) whose narne(s) the within instrument and
acknowledged to me that d the same in his/heritheir
authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY
underthe laws of the State of California
that the foregoing paragraph is true and
conect.
WITNESS my hand and official seal
SIGNATURE OF NOTARY
@
lI
t--
Iooots
FOR CITY OF NO USE ONLY
CERTIFICATE OF ACCEPTANCE (Officer)
ln accordance with Section 27281 of the Government
Code, this is to certify that the interest in real property
conveyed hereby is accepted by the undersigned officers
on behalf of the Council of the City of Fresno pursuant to
authority conferred by Resolution No. 92-2'19A of said
Council, adopted June 9, 1992 and the grantee consents
to the recordation thereof by its duly authorized officer.
Public Works Director
ACCEPTED:
RECOMMENDED FOR AGCEPTANCE:
Date: 1- j't 5
CERTIFICATE OF ACCEPTANCE (Council)
ln accordance with Section 27281 of the Government
Code, this is to certify that the interest in real property
conveyed by this instrument to the City of Fresno, a
municipal corporation, is hereby accepted by order of the
Council of the City of Fresno made on the date hereafter
set forth and the grantee consents to the recordation
thereof by its duly authorized officer.
Item No./Reso. No.
Date of Council Order:
City Clerk
CHECKED:
APPROVED AS TO FORM:
Title: Suoervisinq Enqineering Technician
Log No Zot o -o3zt Drawins ruo. f (-A -ß-l I 3
Date:1^ 3-rs
E>(FIIBIT ..A''
Page I ofl
APN: 580-040-08 @ortion)
Pipelíne Easement
All of that portion of the southeast quarter of Section 7, Township 12 SoutlU Range 2l East Mount
Diablo Base and Meridian, situate in the County of Fresno, State of Californiq according to the
Official United States Govemmsnt Townshíp Plat thcieof, bøing more partioularly described as
follows:
An easeme,nt forpþline purposes 65,00 feet wide mo¡c particularly described as follows:
The northErly 65.0O feet of the westerly 47.00 feet of said southeast quarter.
Contnining an a¡ea of 3,t57 square feet, mo¡e or less.
END OFDESCRIPTION
Wi"¿tz/E__
2010-084
rs-A-8783
lM.L No.5354
EXHIBIT IIBII
N.Ir, r /4
SEC. 7
I 2/21
APN: 580-040-035
N.E. r /4
SEC. 7
r2/21
DÄTE $GNED:
580-040-07 580..040-oE
l'- 60'
SCALE IN FEET
LEGEND
r7v AREA ToV / I PIFEUNE
BE DEEDED FOR UNDERGfiOIJND
PURPoSES (3,0s7 S0. Fr.)
sm!¡5
G#
,s.If. I /4
SEC. 7
r2/2t
,S.¿'. I,/4
SEC, 7
t2/21
REF, & REV.
2010*084
PLA'Í NO. 0002
t9J 5ð54
CITY OF FFESNO
DEPARÏI,IENT OF PUBLIC WORKS
PROJ, P, wjç(xÀl{l
FUND No. 4011ô
ôRê NO ¿llEO1
P0R10tt of
S.E t/,+, SEC. 7, T,12 S'. R.2t E. LD.B. & y.
1o bc Dccdcd for PIPEUI€ PURpOSES
9p, 9y BIIG
CH. EY I¡DHo¡n -T7fr7ti-
SC^LE l' - 60'
SHTET NO. T
OF I srE TS
1 5-A-8783
APN 580-040-07 (PORTTON)
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
EARLEEN M. LESHER AND ESTATE OF VELDA D. LESHER, EARLEEN M. LESHER, EXECUTOR,
GRANTORS, hereby GRANT to the City of Fresno, a municipal corporalion, GFANTEE, a temporary
construction easement and right-of-way for construction of a surface water supply underground pipeline
purposes over, under, through, and across that ceftain parcel of land situated in the County of Fresno, State of
California, more padicularly described follows:
SEE ATTACHED EXHIBITS "4" and "B", INCORPORATED
HEREIN BY REFERENCE
TOGETHER WITH the right to enter upon said land and to use equipment and other material thereon by said
City, ils agents, employees, contractors, subcontractors and their employees, whenever and wherever
necessary for the purpose of construclion of said surface water supply pipeline and appurtenances thereto,
provided said temporary construction easement shall be extinguished two years from the date of the City's
issuance of a Nolice to Proceed to the City's selected contractor to start construction. Said temporary
construction easemenl to be maintained by GRANTOR free of any surface obstructions so that GRANTEE
may have vehicular access at alltimes.
"r' la¡-ln ^ Yh, l-du ,
EARLEEN M. LESHER
ESTATE OF VELDA D. LESHER,
EARLEEN M. LESHER, EXECUTOR
20 1 0-0857
15-A-87847
WJ No. 5354
E)il:lIBIT "A"
Page 1 of2
APN: 580-040-07 (Portiou)
ConsEuçtion Easemsnt
Al1 of ttrat portion of thc scuthwest quarter of Section 7, Township 12 South, Range 21 Eæt, Mount
Diablo Base and Meúdian, sifuated in the County of Fresno, State of Californiq according to the
Offisisl United States Goven¡ment Townsbip Plat tbereof, described as follows:
Commencing at the west quarter cortrcr of said Section 7; theace South 00o 05' 00" Wqst, along the
west lÍne of the southwest quartEr of said Section 7, a distance of 65.04 feet to a line parallel with
and ó5,00 fest south of, møsured atrigbt angles, the north line of said southwest quartsr; thence
South 87" 53' 33" East, along said parallel line, a distance of 65,04 feet to the True Point of
Beginning of this description; thence
1) South 87ö 53' 33" East, continuing along said parallel line, a distance of 2773.74 fee'L to the
east line of said southwest quarter; thencs
2) South 000 09' 20"'Wesl along the easl line of said soultrwest quarteq a distanee of 135.08
feet to a line parallel wirh and 200.00 fest soulh of measured at rigþt angles, the north line of
said southwest quarteç the¡rce
3) North 87" 53' 33" lffest, along said parallel line, a dhtqnce of 1325J9 feet; thence
4) North 02 06'27" East, a distance of I 10.00 feet to a line parallel with and 90.00 feet south
of measu¡ed at rigþt angtes, the north line of said southwast quarteq thence
5) Nortb 87o 53' 33" 'Wesl along the last said parallel liue, a distance of 1426.65 feet ø a tine
parallel with a¡d 90.00 fçqt oast of, measu¡ed at rigbt angles, ths west liue of said soutlwest
quarter; thence
6) Soúh 00" 05' 00" West, along the last said parallel line, a distancæ of 781.72 fest to the point
of beginning of a non-tangent curvg corcave westerly, with a radius of 1293.00 feet, a radial
to said point bears North 78' 34' 26" East; thence
'f southerl¡ alongthe arc of said ouwg tlrough a cenfal angle of 11o 30' 34", an arc distance
af 259 ,7 4 feet to a line parallei with anil 1 I 6.00 feet east of m easured at right algles, the
west line of said southwest quartø; thence
8) South 00o 05' 00" WesÇ along said parallel ìins, ¿ distance of 426.39 feet to the beein¡ing of
a tangent cutve, concave westerly, with aradius of 553.00 feet; thencc
9) southørly, along the a¡c ofsaid curve, thrqUgh a cental angle of 12o 50' 19", ar a¡c distance
of 123.91 feet to the beginning of a reverse curve, soncave easterly, with a radius of 447,00
feet; thence
201 0-08sT
ts-A-87847
W.J. No.5354
EXT{IBIT "Â''
Page2 of2
10) southerl¡ along the a,-c of said curve, llrough a cenkal angle of 12o 50' 19", an a¡c distance
of 100.16 feet to a line panllel with and 91.00 fcet oast of, measu¡ed at right angles, thc wcst
line of said southwost quarter; thearce
11) South 00e 05' 00" lVest, along said parallel line, a distance of 844.04 feet to the nofiherly
right-of-way line of that portion of Copper Avenue previously acquired by the County of
Fresno by that Grant Deedrecorded September 29,1981in Book 7793 atPzgeL?S, Official
Reco¡ds ofFræno County; thence
l2) North 88o 14' 58" '!üfest, along said northvrly rigþtof-way line, a distancs of 38.02 feot to a
line parallel with and 53.00 fu east of, measured at right mdes, the west li$e of said
southwest quarter; thenc€
t 3) North 00o 05' 00" EasÇ along said parallel line, a distance of 842.94 feet to the beginning of
a tangffit owve, conêåve casterly, wíth aradius of 485,00 fest; thence
l4)norüerl¡ along tho arc of said surye, through a cenhal angle of 12Õ 50' 19", aJl arc distance
of 108,68 feet to the beginning of a reverse curve, concave westerly, with a radius of 5 I 5.00
fest; th€nce
I 5) northerly, along the arc of said curve, thtough a central angle of I 2u 50' 1 9", ar arc distance
of 115.40 feet to a line parallel with anrl 78.00 fÊst east of, measured af right ¡nglçs, the west
Iinc of said southwest quarter; thsnc€
1 6) North 00o 05' 00" East, a distance cf 426.39 fæt to the beginning cf a tangent cuive, concavc
w€stsrly, with aradius of 1255,00 feet; thence
17)northerl¡ alongthe arc ofsaid cunve, through a cenEal angle of8o l5' 14", âr arc distance of
180-79 fcst to a liue parallel with and 65.00 feet east of, measured at right angles, the wcst
line of said soutüwest quarteç thence
l8)North 00" 05' 00" East, along said parallel line and non'tangent to the las{ said curve, a
distancc of 885-44 fs€t to the True Point of neginning.
Containing an ar_Êa cf 6.90 acres, more or less,
END OF DESCRIPTION
20r0-0857
l5-A-8784T .
W.J, No, 5354 ?,ELoznlH
EXHIBIT I'BII
(PAGE 1 oF 2)
N.nt. r /4
SEC. 7
î 2/21
C 1rl4 CORNER
SECT|OÌI| 7, 12/21
2001
OAÎE $d,¡Eù
NORTH UNE OF
1/4 W SECnO¡¡
T.P.O.B.
L5
LEGEND
s.tf. 1/4
^sgc. 7
12//21
WEST UNE 0F rHE SW 1/4
0F sEcloN 7, t2/21
EAST UNE OF lHE
sw 1/4 0F sECroN
7, 12/21
APN: 580-O4G-07
1" - 400'
SCATE IN FEET
200 400
m
P-O.e
T-P-O.8.
AREÀ FOR 'IEJPORARY CO}ISTRUCTION
PURPOSES (6.90 ACRES)
POINT OF EOilMENCEMENT
TRUE POINT OF SEGINNING
¡9 X¡
PROVOST&
PRITCHARD
âû!à-Ory*Ë
TEæıBr¿E Ë,ffi*Íf.æ
G#
sw-
12/21
UNE TABLE
UNE BEÁRING LENGTH
L4 s(X)'05'00'w 65.04
L5 sa755'33'E 65.04
REF. ¿r REV,
201 0-0ô51
PLAT HO, 0}64
wJ 5154
CITY OF FRESNO
DEPARruENT OF FUÊLIC WORKS
P,îoJ, lD. ffu{¡iJuið
ruND N0. 40llB
oRG. N0. 4lr50t
P0fi.Il0ll ol
3H 1rl+ SEC. 7. T.tz s., R21 E., I.D.B. t l¡.
for'IEIIPORARY ctt{SlRUgIlO{ PUnpOSeS
SHEET Ho. 1
oF ? SHEETS
15-A-87A47
P.O.C.
rY 1/4 CoRNER
sEcTroN 7,12/21
EXHIBIT IIBII
(PAGE 2 OF 2)
LEGEND
m
P.O.e.
T.P.0.8.
AREA FOR'TNIPORARY CONS'IRUC'IION
PURPOSES (6.er) ACRES)
POINT oF OCÉ¡|MEI¡CEXENT
TRUE PCII'¡T OF BEGINNING
PREVIOUSLY GRANIÐ IN FEE SIYPI-E IO
IHE COUNW OF FRES¡IO 8Y THAT DEËD
RECoRDED e/25/1981 tN BOot( 7703 AT
PAGE 275, O.R.F.C.-bo'rn
PB APN:vl 580-040-07
'90'
65'
116'
7B'
zot
.s. r. I /4
s^8c. 7
T.t 2S. R.218.
DAIE SGT{tr}
È
an
l¡JIl-
tro
l¡J
J
FU'
E
(\I
N
t\
otr()
l¡Jtn
tLo
+
ut
z
l¡l
Ìo
J
J
Ð
l' = 400'
SCALE IN FEET
SqJÌH UNE OF
Î]rE SW 1/+ OF
sEcTloN 7,12/21
53'gl'
COPPER AVËNUE
ı tÌI
G#Ð
CUR\,E TABLE
CUR\€RADIUS LENGÏ}I DELTA
cl 515.00 115.40 125{]'lg'
c2 553.00 123.91 t ?5n¡1c
c3 4É7,OO 100.16 I t5¡1'l q'
G4 ¿t€5.00 108.68 1 ?5n'1Q'
c5 1255.00 18O.79 EtrS'14'
c6 12SJ.00 259.74 1:O'-14'
IINE ÏABLE
UNE BEARING LENGTH
LT N88'14'5A'W 58.02
t2 NOO'OS'OO'F 426.J9
L3 sôots'no-w 426.59
L4 s00t5'oo-w 65.04
L5 s8753'33-E 65.0+
RF. & REV,
2010-085-r
PLAT NO. 0364
wJ 55s4
CITY OF FRESNO
DEPARTì,IENT OF PUBLIC WORKS
rfi(ÀI EJ. _*¡4è4.¿9.
FUND No. -_É0llg_óRC. NO. 4113(11
P0R10ll of
s^v. 1/+ sEq 7. Ttz s, R.zt E, y.D.B. è l¡.
for fEilÞOR RY COI¡SIRUCT|O|{ PURPOS€S
SHEET NO, 2
Of 2 SHEEIS
15-A-87847
APN 580-040-08 (PORTION)
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
EARLEEN M. LESHER, GRANTOR, hereby GRANTS to the City of Fresno, a municipal corporalion,
GRANTEE, a temporary construction easement and right-oÊway for construction of a surface water supply
underground pipelÍné purposes over, under, through, and acros.s that certain parcel of land situated ln the
County of Fresno, State of Çalifornia, more particularly descrlbed follows:
SEEAfiACHED EXHIBÍTS "4" and'Bn, INCORPORATED
HEREIN BY REFERENCE
TOGETHER WITH the right to enler upon said land and lo use equipment and other meterial thereon by said
Gity, its agents, employees, contractors, subcontrac'tors and their ernployees, whenever and wherever
necessary for the purpose of consFuction of sald surface waler supply pipeline and appurtenanc€s thsreto,
provided sald temporary constructlon easement shall be extinguished two years from the date of the Citt's
issuance of a Notice to Proceed to the Ci$s selecled contraclar to start construc{ion. Said temporary
construstion easement lo be maintained by GRANTOR free of any surface obstructions so that GRANTEE
may have vehicular acoess al alltimes.
,r, lø-Ln¿", 7Yt, r{u-Lt a
EARLEEN M. LESHER
2010-0847
15-A-87837
WJ No.5354
EXHIBIT ''A"
Page I ofl
APN: 580-040-08 (Portion)
Construction Eascment
Al1 that portion of the Soutreast quarteÌ of Sætion 7, Township 12 South, Range 2l East, Mouut
Diablo Base and Meridia¡, situate in the County of Fresno, Statc of California, aceording to tho
Official United States Govemme,nt Township Plal thEreof being more particrrlarly described as
follows:
A¡r easeme,nt for consFuctionprrrposes described as follows:
The northerly 200.00 feet of the wesferly 72.00 f€ot of said southeast quart€r.
EXCEPTING THEREFROM:
The northerly 65.00 feet of tho wssterly 47 .00 fcet of said southeast quårter.
füntaìrring an arça of 1 1,338 square fee! rnore or less.
END OF DESCRIPTION
2010-0847
l5-A-87837
W.J,l,lo, 5354
w#
EXHIBIT IIBII
N.\r. r /4
,s.Ec. 7
l2t/21
580-0,+0-05S
N.E. 1/4
suc.7.
l2//21
DATE SGTET
s.ï. t /4
SEC. 7
r 2/2t ,s,"8. 1/4
^S.&'C. 7
1 2/2'
580*040-07
580-040-08
LEGEND 1'
SCALE
- 60'
IN FEET
IV AREA FORl/ ./ I puRpOSES
.IETIPORARY CONS]RUC]ION
(1r,J3B so, rT.)
W
RTF. IÊ REV.
20.l o- 0647
PLA'r No. 0002
VIJ 5J54
CITY OF FRESNO
DEPARII,IENT OF PUELIC WORKS
PROJ. t0. -!!¿ec¡¡gl
Fr.rrD No. -lgüg_npc Nrì ¿l!åô1
FORllO{ of
s.Ê trlt sEc. 7. Lt2 g, R.2t E, y.D.B. â r.ff TEIIPORARY COIISTRUGIIOT{ PURPOGES
DR. BY
cfl. BY
DÂ1E
SCAIE
u0H
-7EF_1'- 60'
SI-EEI NO. 1
OF -l- $JEETS
1 s-A-878JT