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HomeMy WebLinkAboutState of California High Speed Rail Authority - Exclusive Right of Entry Agreement - 9-21-2022 - Parcel 0018-001(4 CALIFORNIA High -Speed Rail Authority MF 10 0018-001 504-106-04T PROJECT SECTION COUNTY CODE PARCEL # APN EXCLUSIVE RIGHT OF ENTRY AGREEMENT This EXCLUSIVE RIGHT OF ENTRY AGREEMENT ("Agreement") is made and entered into this day of 2W.I(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 in possession (pursuant to an Agreement of Possession and Use), 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: 1. Recitals. Each and all of the foregoing recitals of background facts are incorporated herein by this reference as though set forth herein verbatim. 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. MF PROJECT SECTION 10 COUNTY CODE 0018-001 PARCEL # RIGHT -OF -ENTRY AGREEMENT 504-106-04T APN 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. 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. PAGE 2 OF 5 MF 10 PROJECT SECTION COUNTY CODE 0018-001 PARCEL # RIGHT -OF -ENTRY AGREEMENT 504-106-04T APN 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 corporation By: Print Name:I)N01,2 ' 6' Title: AM6 ! / fa, r 0,341 APPROVED AS T FORM CITY A C] EY' OFF C �l DEPUTY CITY A N Y California High -Speed Rail Authority, an agency of the State of C 'fornia By: Print Name: M p{Ll/L[9 A Title: P 6 P (�V 1fLF CST D 2- © F �-f-A L' P �-o � tP rl ATTEST: TODD STERMER, CAC CITY CLERK By: 1Q2Co✓'c�5 S�Per�� S� PAGE 3 OF 5 MF PROJECT SECTION 10 COUNTY CODE 0018-001 PARCEL # RIGHT -OF -ENTRY AGREEMENT EXHIBIT "A" MAP OF RIGHT OF ENTRY PROPERTY 504-106-04T APN PAGE 4 OF 5 MF 10 PROJECT SECTION COUNTY CODE 0018-001 504-106-04T PARCEL # APN RIGHT -OF -ENTRY AGREEMENT EXEIIBIT `B" DESCRIPTION OF CITY FACILITIES PAGE 5 OF 5 EXHIBIT "A" APN: 504-106-04T Sanitary Sewer Easement (SS1-027/099, SS1-147) In the City of Fresno, County of Fresno, State of California, being two (2) strips of land of uniform width of 2.58 feet, lying within Parcel 1 of Parcel Map No. 6756, as per map filed in Book 44, Page 73 of Parcel Maps, Fresno County Records as described in the Quitclaim Deed to the State of California, recorded May 17, 2017 as Document No. 2017-0060840, Official Records of Fresno County, together with that portion of North Golden State Boulevard, formerly Motel Drive (90.00 feet wide), as shown on said Parcel Map, situated in the Northeast Quarter (NE 1/4) of Section 5, Township 13 South, Range 19 East, Mount Diablo Base and Meridian, said strips lying 1.29 feet on each side of the centerlines more particularly described as follows: Strip No. 1: COMMENCING at the Northeast Corner of said Section 5; thence along the easterly line of said Section 5, South 0098'l0" West 1007.01 feet to the southwesterly line of the California High Speed Rail Right of Way; thence along said southwesterly line North 52°10'09" West 477.32 feet to the beginning of a tangent curve concave southwesterly and having a radius of 7335.00 feet; thence continuing northwesterly along said southwesterly line and said tangent curve through a central angle of 00°04'40", an arc distance of 9.95 feet to a point hereinafter referred to as Point "A" and the POINT OF BEGINNING; thence leaving said southwesterly line North 33°29'22" East 137.71 feet to the northeasterly line of said Parcel 1, also being the southwesterly line of the Union Pacific Railroad Right of Way and the POINT OF TERMINUS. The sidelines of said strip of land shall be prolonged or shortened as necessary to terminate southwesterly in the southwesterly line of said California High Speed Rail Right of Way and northeasterly in said northeasterly line of Parcel 1. Containing 355 square feet, more or less. Strip No. 2: COMMENCING at said hereinbefore described Point "A"; thence continuing northwesterly along said southwesterly line of the California High Speed Rail Right of Way and said tangent curve through a central angle of 00°05'52", an arc distance of 12.53 feet to the POINT OF BEGINNING; thence leaving said southwesterly line North 33°29'22" East 136.80 feet to the northeasterly line of said Parcel 1, also being the southwesterly line of the Union Pacific Railroad Right of Way and the POINT OF TERMINUS. Page 1 of 2 6/20/2022 The sidelines of said strip of land shall be prolonged or shortened as necessary to terminate southwesterly in the southwesterly line of said California High Speed Rail Right of Way and northeasterly in said northeasterly line of Parcel 1. Containing 353 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 filed in Book 58 of Record of Surveys, Pages 71 to 72, Fresno County Records. Divide distances shown above by 0.99993105 to obtain ground level distances. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyor's Act (Bus: & Prof. Code §8700). Signature: David A. Moritz, PLS Date: 6/20/2022 p D"D A. 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