HomeMy WebLinkAboutState of California High Speed Rail Authority - Exclusive Right of Entry Agreement - 10-11-2022 Parcel 0076-007CALIFORNIA
High -Speed Rail Authority
EXCLUSIVE RIGHT OF ENTRY AGREEMENT
IN-1
PROJECT SECTION
10
COUNTY CODE
CONFIDENTIAL
This document contains personal information and
pursuant to Civil Code section 1798.21 it shall be
kept confidential in order to protect against
unauthorized disclosure.
0076-007
PARCEL #
EXCLUSIVE RIGHT OF ENTRY AGREEMENT
08-EX=113D (Rev. 05/2022)
Page 1 of 5
450-280-01 T
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This EXCLUSIVE RIGHT OF ENTRY AGREEMENT ("Agreement") is made and entered into
this I I'th day of d&{- , 24?�-(the "Effective Date"), by and between the CALIFORNIA HIGH-
SPEED RAIL AUTHORITY, acting by and through its Director of Real Property (the "AUTHORITY"),
and the CITY OF FRESNO, a California municipal corporation ( "CITY"). The AUTHORITY and CITY
shall be referred to individually herein as "PARTY" and jointly as "PARTIES".
RECITALS
A. AUTHORITY and CITY are parties to that certain City of Fresno Right of Way Agreement,
dated September 1, 2015 (the "Right of Way Agreement") whereby, along with the Facility Relocation
Cooperative Agreement and the Utility Relocation Cooperative Agreement (the "Cooperative
Agreements"), AUTHORITY is responsible for relocating and/or protecting in place CITY's real property
rights, along with any CITY facilities and utilities therein (collectively referred to herein as "Facilities"),
where such rights conflict with AUTHORITY's planned Project as set forth therein.
B. AUTHORITY is now the owner in fee, of that certain real property described in Exhibit "A"
attached hereto and incorporated herein by reference (the "Right of Entry Property"), which shall be used
as replacement right of way for relocating CITY's Facilities.
C. In accordance with the foregoing, AUTHORITY's interest in the Right of Entry Property is
subject to CITY's preexisting or relocated perpetuated property rights ("Perpetual Rights"), which shall in
all cases, remain superior to AUTHORITY's interest in the Right of Entry Property.
D. By this Agreement, the PARTIES desire to set forth the terms related to their respective
obligations and responsibilities relating to the Right of Entry Property and provide the right to CITY to
access its Facilities within the Right of Entry Property.
E. CITY has agreed to enter into this Agreement at the request of the AUTHORTY as
AUTHORITY has represented that it needs additional time to finalize a document which confers upon
CITY permanent replacement property rights as is required by the Cooperative Agreements.
AGREEMENT
NOW, THEREFORE, AUTHORITY and CITY hereby agree as follows:
Recitals. Each and all of the foregoing recitals of background facts are incorporated herein by this
reference as though set forth herein verbatim.
ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For infonnation, please call the EEO Officer at (916) 324-1541,
TTY: 711, email at EEO ahsr.ca.gov, or write to: California High -Speed Rail Authority, at 770 L Street, Suite 620, Sacramento, CA 95814.
Title VI The Authority provides free language assistance through interpreters and/or translation of vital documents to persons who do not speak English as their primary
language and who have a limited ability to read, write, speak, or understand English. To request language assistance, please call (916) 324-1541.
UM
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PROJECT SECTION COUNTY CODE
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EXCLUSIVE RIGHT OF ENTRY AGREEMENT
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2. Right of Entry. Consistent with its Perpetual Rights CITY and its agents, employees, and
contractors shall have the right to enter upon the Right of Entry Property as described in the
attached Exhibit "A" for the purpose of operating and maintaining CITY' S Facilities located
thereon as those Facilities are more specifically described in Exhibit "B" hereto.
3. Term. The term of this AGREEMENT shall commence on the Effective Date and end
automatically upon the transfer by AUTHORITY to CITY of permanent real property rights over
said Right of Entry Property. The PARTIES agree that the Right of Entry Property represents the
area to be conveyed by AUTHORITY to CITY in any document subsequently conveying permanent
property rights to CITY.
4. Conditions and Obligations. The PARTIES' use of the Right of Entry Property shall be subject to
the following terms:
a. Exclusivity. AUTHORITY acknowledges that the Right of Entry Property is intended to
house relocated CITY Facilities and CITY will ultimately be granted permanent rights in
that location via a subsequent permanent property rights document. To the extent CITY will
receive a fee interest or exclusive easement from the AUTHORITY in the Right of Entry
Property as CITY's Perpetual Rights in that location, AUTHORITY shall not grant or
permit any other party to locate or be relocated within the Right of Entry Property without
first obtaining express written consent from CITY, which consent shall be granted within the
sole and absolute discretion of CITY.
b. Costs. With regard to the use of the Right of Way Property and the Facilities,
AUTHORITY shall be responsible to pay all expenses as set forth in Section 4.1 of the
Utility Relocation Cooperative Agreement as well as those set forth in Section 4.1 of the
Facility Relocation Cooperative Agreement. As between the PARTIES and unless
otherwise agreed upon in writing to the contrary, the AUTHORITY shall be responsible for
any maintenance, repair, alteration, or relocation of any third -party facilities to be placed in
the Right of Entry Property by AUTHORITY until such time as AUTHORITY transfers
ownership of such third -party facilities to the applicable third -party owner of such facilities.
5. Indemnification. Each PARTY shall hold harmless, and indemnify the other PARTY and its
respective governing Boards, officers, directors, employees, authorized agents, engineers,
contractors or subcontractors from and against any and all claims, damages, losses, liabilities, costs,
and expenses (including reasonable attorneys' and expert witness fees and costs) that arise out of or
as a result of any negligent act or omission of its officers, agents, employees, engineers, contractors
or subcontractors in carrying out obligations under this Agreement executed pursuant hereto, except
to the extent that such expense, liability or claim is proximately caused by the negligence or willful
misconduct of the PARTIES indemnified or their respective agents, servants, or independent
contractors who are directly responsible to such indemnified PARTY.
6. Termination. This AGREEMENT will continue in full force and effect for the Term set forth in
Section 2 hereof unless otherwise terminated by mutual agreement by the PARTIES.
ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For information, please call the EEO Officer at (916) 324-1541,
TTY: 711, email at EEO@hsr.ca.gov, or write to: California High -Speed Rail Authority, at 770 L Street, Suite 620, Sacramento, CA 95814.
Title VI The Authority provides free language assistance through interpreters and/or translation of vital documents to persons who do not speak English as their primary
language and who have a limited ability to read, write, speak, or understand English To request language assistance, please call (916) 324-1541.
Wei
PROJECT SECTION
10
COUNTY CODE
0076-007
PARCEL #
Page 3 of 5
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EXCLUSIVE RIGHT OF ENTRY AGREEMENT
7. No Assignment. This AGREEMENT is personal to CITY and shall not be assigned.
8. Counterparts. This AGREEMENT may be executed in one or more counterparts, any one or all of
which shall constitute but one agreement. Facsimile signatures shall be considered and treated as
original signatures.
9. Binding Effect. This AGREEMENT shall inure to the benefit of and be binding upon the
successors and assigns of both PARTIES.
10. Compliance with Law. CITY and AUTHORITY shall comply with all California laws and
regulations while exercising its rights found herein.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate by
their respective officials thereunto duly authorized.
City of Fresno, a California municipal r,
corporation,
Print Name:
Title:
APPROVED AS TO FORM
CI A � N Y'S FFICE
BY:
D E PU CITY ATTO EY
ADA Notice
Title VI
California High -Speed Rail Authority, an agency
of the State of California
By:
Print Name:
Title: a\= UvA - ?kVe W
ATTEST:
rOD® STERMER, CMC
crry CLERK
For individuals with sensory disabilities, this document is available in alternate formats. For information, please call the EEO Officer at (916) 324-1541.
TTY: 711, email at EEO@hsr.ca.gov, or write to: California High -Speed Rail Authority, at 770 L Street, Suite 620, Sacramento, CA 95814.
The Authority provides free language assistance through interpreters and/or translation of vital documents to persons who do not speak English as their primary
language and who have a limited ability to read, write, speak, or understand English. To request language assistance, please call (916) 324-1541,
co -
PROJECT SECTION
10
COUNTY CODE
0076-007
PARCEL#
RIGHT -OF -ENTRY AGREEMENT
EXHIBIT "A"
MAP OF RIGHT OF ENTRY PROPERTY
450-280-01 T
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PAGE 4 OF 5
EXHIBIT "A"
APN 450-280-0IT
Sanitary Sewer Easement (SS1-041 & SS1-128)
A strip of land of uniform width of 5.66 feet, in the City of Fresno, County of Fresno, State of
California, lying within the parcel of land as described in the Grant Deed to the State of
California recorded September 12, 2014 as Document No. 2014-0101057-00, Official Records of
Fresno County, said parcel of land hereinafter referred to as FB-10-0076, and lying within North
West Avenue, (60 feet wide), formerly Montpellier Avenue, as shown on McCoon's Boulevard
Acres, as per map filed in Book 9, Page 37 of Record of Surveys. Records of said County,
situated in the Northwest Quarter of Section 32, Township 13 South, Range 20 East, Mount
Diablo Base and Meridian, lying 2.83 feet on each side of the line described as follows:
COMMENCING at the Southeast Corner of Section 30 of said Township and Range; thence
along the westerly line of said Section 32, South 00°09'22" West 1103.94 feet to the beginning
of the southwesterly curved line of the California High Speed Rail Right of Way being a non -
tangent curve, concave northeasterly, having a radius of 96.00 feet and to which beginning a
radial line bears South 4391'26" West; thence southeasterly along said curve through a central
angle of 20°38'43", an arc distance of 34.59 feet to the POINT OF BEGINNING; thence
leaving said curved southwesterly line on a non -tangent line, North 40°12'03" East 34.77 feet to
the northeasterly line of said FB-10-0076 and the POINT OF TERMINUS.
The sidelines of said strip are to be lengthened or shortened to terminate in the curved
southwesterly line of said California High Speed Rail Right of Way and the northeasterly line of
said FB-10-0076.
Containing 197 square feet, more or less.
The bearings and distances are based on the California Coordinate System 1983, Zone 4, Epoch
2007.00 as shown on the Record of Survey, Book 58, of Record of Surveys Pages 71 to 72,
Fresno County Records. Divide distances shown above by 0.99993349 to obtain ground level
distances.
This real property description has been prepared by me, or under my direction, in conformance
with the Professional Land Surveyors' Act (Bus. & Prof. Code §8700).
Signature.
LAA
David A. Moritz, PLS o DAVID A.
� MORITZ
Date: 7/22/2022
Page 1 of 1
No. 7388
OF
CAG�F 7/22/2022
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PROJECT SECTION
10
COUNTY CODE
0076-007
PARCEL 4
RIGHT -OF -ENTRY AGREEMENT
EXHIBIT "B"
DESCRIPTION OF CITY FACILITIES
450-280-01T
APN
PAGE 5 OF 5
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