HomeMy WebLinkAboutWestlands Water District - Property P/S - APN 445-051-01T - 2021 AGREEMENT FOR PURCHASE AND SALE OF A PERMANENT CANAL EASEMENT
AND ESCROW INSTRUCTIONS
APN 445-051-01 T
FRESNO IRRIGATION DISTRICT CANAL ACCESS AND MAINTENANCE
EASEMENT FOR THE MID-TOWN TRAIL PROJECT
City Project No.: PWO0725
This Agreement for Purchase and Sale of a Permanent Canal Easement and Escrow
Instructions (Agreement) is entered into by and between WESTLANDS WATER
DISTRICT, a public agency duly organized, existing and acting pursuant to the laws of
the State of California (Owner), without regard to number or gender, and the CITY OF
FRESNO, a California municipal corporation (City), for the City's purchase of a
permanent canal easement and right of way for access and maintenance purposes to
be granted by Owner to the Fresno Irrigation District, a California irrigation district (FID),
on the following terms and conditions.
1. The real property over which the easement is to be granted (hereinafter, Subject
Property) is situated in the City of Fresno, County of Fresno, State of California,
being approximately 1,591 square feet in size, within Assessor's Parcel Number
445-051-01T, described on Exhibit "A" and depicted on Exhibit "B", attached
hereto, and incorporated herein by reference.
2. Owner agrees to grant to FID a permanent perpetual and exclusive easement
and right-of-way on, under, through and across the Subject Property (hereinafter,
Easement), for access and maintenance of FID's canal and, as may be
applicable, Mid-Town Trail Project — Segment 2 (hereinafter, Project) on the
terms described in the Grant of Easement in Exhibit "C", attached hereto, and
incorporated herein by reference (Grant of Easement).
3. City shall pay just compensation of TWENTY-FIVE THOUSAND AND NO/100
DOLLARS ($25,000) to Owner in consideration for the items listed in Exhibit "E",
hereto, including the Easement, cost to cure damages, benefits and/or severance
damages to the remainder, if any (the Purchase Price).
4. Owner hereby agrees to allow the City, its agents, employees, authorized
contractors and subcontractors and its employees, temporary access to Owner's
remaining property lying immediately adjacent to the Easement during
construction of the Project, as set forth in the Temporary Construction Easement
attached hereto as Exhibit "D". In connection with the construction of the Project
the City shall (a) post and maintain "No Trespassing" signs sufficient to allow City
of Fresno to enforce no trespassing within the Easement, including but not
limited to the following potential public access points to the Easement: the
Herndon Canal at Fresno Street, the Herndon Canal at First Street, the Herndon
Canal at Angus Street and as required by applicable laws, as may be amended,
to continuously enforce no trespassing; and (b) remove the two mature trees
located on the Easement as approved by Owner.
5. The "Effective Date" of this Agreement shall be upon its duly authorized
execution by the City and the Owner.
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6. Owner represents and warrants that it holds fee title to the Subject Property, has
no monetary lienholders claiming an interest on the Subject Property that will not
be subordinated to this Agreement, that there are no tenants on the Property;
and, has the authority to enter into the Agreement herein made.
7. Owner agrees to hold the City and FID harmless and reimburse the City for any
and all losses and expenses by reason of its breach of warranty that there is no
lease of the Easement area held by any tenant of the Owner as of the Closing
Date.
8. The transaction of the sale shall be processed by the City through an internal
escrow at the offices of the City of Fresno, located at 2600 Fresno Street,
Fresno, CA 93721. The contact is Colleen Karby, Senior Real Estate Agent at
559-621-8697. Owner and City by their signature to this Agreement make this
paragraph their escrow instructions:
a. Payment of the Purchase Price, which includes reimbursement of
Owner's cost to replace two mature trees that will be removed from the easement
area, shall be made to Owner upon the date that a fully executed and
acknowledged Grant of Easement to the Subject Property is recorded by the
City, which shall occur no later than 30 days following the Effective Date (Closing
Date).
b. It is understood that Owner shall be responsible for the payment of
all taxes, penalties, redemptions, and costs allocable to the Subject Property.
C. Any escrow fees, cost of policy of title insurance, and recording
fees (if any), shall be paid by the City. Any policy of title insurance issued
hereunder to the City shall be assigned to FID upon FID recordation of the
Exhibit C Grant of Easement as called for under this Agreement and shall be
paid by the City.
d. Disbursements of the Purchase Price are 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.
9. Owner shall indemnify, hold harmless, and defend the City, its officers, agents,
employees, and volunteers from any liability, loss, fines, penalties, forfeitures,
claims, expenses, and costs, whether incurred by the Owner, City, or any other
third party, arising directly or indirectly from the release, presence or disposal of
any hazardous substances or materials (as now or hereafter defined in any law,
regulation, or rule) in, on, or about the Subject Property caused by Owner on or
before the Effective Date of this Agreement. This indemnity shall include, without
limitation, any claims under the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended (CERCLA), or any other
federal, state, or local law whether statutory or common law, ordinance, or
regulation. Costs or losses covered will include, without limitation, consultants,
engineering, investigator fees, clean up or disposal costs and attorneys' fees,
and damages. The Owner's obligation herein to indemnify and hold harmless the
City shall not exceed the amount paid to the Owner specified in Paragraph 3.
2
This limitation does not preclude the City from bringing a claim against Owner for
a loss on the adjacent property.
10. As-is Condition. The City acknowledges and agrees that except as otherwise
expressly provided in this Agreement, to the maximum extent permitted by law,
the sale of the Easement is made on an "As Is," "Where Is" condition and basis
with all faults, and that Owner has no obligation to make repairs, replacements,
or improvements thereto. The City acknowledges that City is conducting its own
investigation of the Easement area, and (except for the express representations
and warranties contained herein) the City is relying solely on such investigations,
inspections, and evaluations of such Easement area in making its decision to
consummate the transaction contemplated by this Agreement, and not on any
information provided or to be provided by Owner. The City hereby expressly
acknowledges that the City shall be solely responsible for determining the status
and condition of the Easement area, including land use, zoning, building and
other governmental regulations, and physical, geological, and environmental
conditions. Except as expressly provided for in this Agreement or any written
amendment or supplement hereto executed and delivered by Owner, Owner
shall not be liable or bound in any manner by any oral or written statements,
representations or information pertaining to the Easement area, or the operation
thereof, furnished by any real estate broker, agent, employee, or any other
person.
11. 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 Agreement. Waiver of any one provision herein shall not be
deemed to be a waiver of any other provision herein.
b. Coverninq 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 Fresno, California.
C. Headinas. 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. Interpretation. 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
3
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. If 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. 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.
h. 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.
i. Extent of Agreement. 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 Owner.
j. Assignment. Neither party may assign this Agreement, nor any
rights created hereunder.
k. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original, but all of which when
taken together shall constitute one and the same Agreement.
[SIGNATURES ON FOLLOWING PAGE]
4
IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, on the Effective date of this Agreement as defined above.
WESTLANDS WATER DISTRICT,
CITY OF FRESNO, a public agency duly organized, existing,
a California municipal rpor 'on and acting pursuant to the laws of the
State of California
By: By: 1; c 4 /y' Z 0 z
Scott L. Wzier, PE, 1,Yate J'� ;wt.'tere- ate
Public rks Director Cl�,�� pP'C'V4 d ,c-Av,"
RECOMME ED FOR APPROVAL:
By: 31 a
R. Scott Beyelia Date
Supervising Real Estate Agent
APPROVED AS TO FORM: ATTEST:
DOUGLAS T. SLOAN YVONNE SPENCE, MMC CRM
City Attorney City Clerk
y, By:
r- ( Raj Sirrg adhesha Date Deputy Date
Supervisi g Deputy City Attorney �� � ��/J�P,ra
3102-1 2,0Zc
Attachments:
1. Exhibit "A" Legal Description
Z Exhibit "B" Depiction of legal description
1 Exhibit "C" Grant of Easement to Fresno Irrigation District
4. Exhibit "D" Temporary Construction Easement
5. Exhibit "E" Settlement Summary Statement
5
EXHIBIT "A"
AP N 445-051-01 T
Fresno Irrigation District Easement
That portion of Lot 2 of Gould Ranch Tract, according to the map thereof recorded in
Volume 2 of Plats, at Page 21, Fresno County Records, more particularly described as
follows.-
Commencing at the North quarter corner of Section 27, Township 13 South, Range 20
East, Mount Diablo Base and Meridian; thence South 00020'22" West, on the West line
of the Northwest quarter of said Section 27, distance of 100.04 feet; thence South
89°39'38 East, leaving said West line, a distance of 40.00 feet to the easterly right of
way line of North Fresno Street and the POINT OF BEGINNING; thence South 0020'22"
West, on said right of way line, a distance of 31.22 feet; thence North 53052'14" East,
leaving said right of way line, a distance of 20.99 feet; thence North 74'11'46" East, a
distance of 28.94 feet; thence North 90°00'00" East, a distance of 80.32 feet; thence
North 45020'22" East, a distance of 11.70 feet to the southerly right of way of the
Herndon Canal; thence North 88049'34" West, a distance of 133.29 feet to the POINT
OF BEGINNING.
Containing an area of 1591 square feet, more or less.
EXHIBIT "B "
EAST SHIELDS AVENUE
POINT OF COMMENCEMENT, THE NORTH QUARTER
CORNER OF SECTION 27, TOWNSHIP 13 SOUTH,
RANGE 20 EAST, MOUNT DIABLO BASE AND MERIDIAN
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FID's HERNDON CANAL No. 39
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N 45°20'22"E 11.70'
N 8804934" W 133.29'
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APN 445-051-01 T N
_ z � WESTLANDS WATER DISTRICT
i-
AREA TO BE ACQUIRED IN FAVOR OF THE
FRESNO IRRIGATION DISTRICT. CONTAINING NO. 8636
AN AREA OF: 1,591 SQUARE FEET
CF
REF.&REV. CITY OF FRESNO PROJ. RES TYPE
FUND
2020-XXX DEPARTMENT OF PUBLIC WORKS ORG.NO._
15-A-9XXX DR,BY—__-JA`C_ SHEET NO._'-_
PLAT XXXX AREA TO BE ACQUIRED BY THE CITY OF FRESNO CH.BY MaJ. 020 — OF_ SHEETS
DATE .
SCALE—
EXHIBIT "C"
Documentary Transfer Tax—$0.00
RECORDING REQUESTED BY
AND WHENRECORDED MAIL TO
FOR THE BENEFIT OF
FRESNO IRRIGATION DISTRICT
2907 SOUTH MAPLE A[VENUE Recording Information
FRESNO CA 93725-2218
GRANT OF EASEMENT
LOCATION: S. E. Corner Shields Avenue and Fresno Street
APN: 445-051-01 T
CANAL: Herndon
PROJECT: City of Fresno Mid-town Trail#2/Fresno Master Trails
TIIIS GRANT OF EASEMENT is made and entered into this day of
2021,by and between WESTLANDS WATER DISTRICT,a public agency duly
organized, existing, and acting pursuant to the laws of the State of California, hereinafter referred
to as "GRANTOR", and the FRESNO IRRIGATION DISTRICT, a California irrigation district,
hereinafter referred to as"DISTRICT".
RECITALS
A. The City of Fresno ("CITY") and DISTRICT entered into a Master Trails Agreement
("MTA") dated December 18, 2018, which sets forth certain rights, obligations,
responsibilities and understandings between both parties, a copy of which MTA has been
provided to GRANTOR; and,
B. The CITY is providing the acquisition funding and undertaking the construction of the
driveway and improvements contemplated in the Easement area hereunder including
retaining and affirming certain ongoing maintenance and other obligations under the MTA
associated with this Grant of Easement for the benefit of DISTRICT; and,
C. DISTRICT has the right to have its obligations, requirements and duties hereunder
performed by (i) DISTRICT, (ii) its agents or contractors; and, (iii) in certain situations,
the CITY, under the terms of the MTA.
WITNESSETH:
Incorporating the Recitals above as part of this Grant of Easement, the parties hereby agree:
1. For a valuable consideration, receipt of which is hereby acknowledged, GRANTOR does
hereby grant unto DISTRICT, its successors and assigns, a perpetual and exclusive
easement and right-of-way to on, under, through across GRANTOR's property (the
"Servient Estate")in the area described in Section 2 below(hereinafter,"Easement Area"),
in order for the DISTRICT to access (ingress & egress) and maintain the DISTRICT's
adjacent canal property (the "Dominant Estate"), and to construct and maintain a driveway
over the Easement Area and connect with the DISTRICT's adjacent canal property.
2. Said easement and right-of-way is located in the County of Fresno, State of California, as
shown on EXHIBIT"A" and depicted on EXHIBIT "B" attached hereto and incorporated
herein, and described as follows:
See EXHIBIT "A" and as shown on EXHIBIT "B"
3. The Easement shall include all rights necessary,convenient,or incidental to the use thereof
as determined by the DISTRICT including the right of unrestricted ingress to and egress to
DISTRICT's adjacent canal property at such times and locations and for such equipment,
material, personnel, and vehicles as determined by the DISTRICT.
4. DISTRICT vehicles and staged mobile equipment shall not be parked and/or staged more
than 72 consecutive hours in the Easement area.
5. DISTRICT(or through its designated agents,contractors,and/or the CITY under the terms
of the MTA) shall maintain the Easement and all improvements and personal property
thereon in good condition and repair at its own expense, including those improvements set
forth in Section 6 below, and keep the Easement area clean, and free of debris and weeds.
6. The DISTRICT shall not install any improvements on GRANTOR's property or the
Easement without GRANTOR's prior written consent; provided, however, that the
DISTRICT may construct a driveway and an entry gate across the Easement, the design
and location of which must be approved by GRANTOR in its reasonably discretion. In
addition to other CITY obligations under the MTA, the GRANTOR acknowledges that
DISTRICT has entered into an agreement with the CITY for this segment 2 of the CITY's
Mid-Town Trail Project and CITY has agreed with GRANTOR in a Purchase & Sale
Agreement to which this Grant of Easement is an exhibit, that CITY shall, at its sole cost
and expense remove the two (2) mature trees located on the Easement as approved therein.
All improvements made by the DISTRICT, the CITY or anyone on behalf of the
DISTRICT, on the Easement ("Improvements") shall become and remain the property of
DISTRICT and GRANTOR shall have no right, title, or interest therein. The
Improvements shall be maintained, repaired, replaced, and kept in good condition by
DISTRICT at DISTRICT'S expense or as the DISTRICT may agree with the CITY;
provided that upon termination of this Easement,all Improvements shall automatically vest
in GRANTOR. DISTRICT shall also be responsible for working with law enforcement
agencies and the CITY to deal with and remove trespassers from the Easement Area.
In connection with the construction of the Project the parties acknowledge that the City is
posting "No Trespassing" signs sufficient to allow City of Fresno to enforce no trespassing
within the Easement, including but not limited to the following potential public access
points to the Easement: the Herndon Canal at Fresno Street, the Herndon Canal at First
Street, the Herndon Canal at Angus Street and as required by applicable laws, as may be
amended,to continuously enforce no trespassing. Notwithstanding the above,the wrought
iron fencing bounding the Easement and any "No Trespassing" signs thereon shall be
installed and maintained by GRANTOR, and all other "No Trespassing" signs shall be
installed and/or maintained by the DISTRICT.
7. DISTRICT hereby allows GRANTOR the right to use the surface of the land within the
Easement for its own purposes,so long as said use by GRANTOR does not interfere in any
way with the use of the Easement by DISTRICT for the purposes for which the Easement
is granted (and so long as GRANTOR does not interfere with any aspect of any Easement
rights for the benefit of the DISTRICT); and, further that GRANTOR shall not build or
construct any building, fence, gate or other permanent structure on or plant any vegetative
materials within said Easement without the written permission and consent of DISTRICT.
DISTRICT shall have the right, without notice, and at GRANTOR'S expense, to remove
any unapproved structures, fences, or vegetative materials or other encroachments from
said Easement which interfere at any time with the purpose or use of the Easement from
time to time as determined by the DISTRICT.
8. DISTRICT shall, at its sole cost and expense, carry insurance, or self-insure its activities
in connection with this GRANT OF EASEMENT, and obtain, keep in force,and maintain,
insurance or equivalent program of self-insurance, for property, general liability, workers
compensation and business automobile liability adequate to cover its potential liabilities
hereunder in amounts reasonably determined from time to time by GRANTOR and
DISTRICT collaboratively. DISTRICT's comprehensive general liability insurance shall
have a minimum liability limit of not less than $1,000,000.00, combined single limit,
insuring against claims for personal injury and property damage occurring in,upon or about
the Easement Area. DISTRICT shall name the GRANTOR as an additional insured on
such liability policy(s). DISTRICT and CITY have also allocated certain liability,
insurance, indemnification and hold harmless provisions between and among themselves
under the MTA and have provided GRANTOR with a copy of that MTA.
9. This GRANT OF EASEMENT described herein in favor of the DISTRICT shall constitute
a covenant running with the land between the Dominant Estate and Servient Estate and
shall be interpreted and administered by this Agreement as an easement under California
law, and California Civil Code Sections 801, 1104, and 1468 et seq. and be interpreted
consistent with the access provisions provided for under California Water Code Section
22438 which are not being surrendered by virtue of the recordation hereof. The easements
contained herein shall run with the land and shall be binding on all parties and persons
claiming under them including all tenants and successors, assigns, and transferees of any
party.
10, Should any action or proceeding be commenced between the parties hereto concerning this
GRANT OF EASEMENT,or the rights and duties of any party in relation thereto,the party
prevailing in such action or proceeding shall be entitled, in addition to such other relief as
may be granted, to recover from the losing party a reasonable sum for its attorneys',
paralegals',accountants', and other professional fees and costs incurred in connection with
such action or proceeding. For purposes of this paragraph, the City of Fresno is not an
anticipated or unintended third-party beneficiary of this provision and is not considered a
"party" to this GRANT OF EASEMENT or this paragraph but will be included in a
separate recorded Common Use Agreement between the City of Fresno and the DISTRICT.
11. DISTRICT shall not permit any mechanics', materialmens' or other liens to stand against
the Easement or GRANTOR's property for work or materials furnished by GRANTOR in
connection with its activities, and upon the occurrence of any such lien, GRANTOR shall
immediately undertake all actions necessary to cause the removal of such lien.
12. All activities undertaken by or on behalf of DISTRICT shall be undertaken in a manner
that shall not unreasonably interfere with GRANTOR's ordinary use of its property and
Easement and any improvements thereto. If the surface of GRANTOR's property outside
of the Easement or any improvements thereto are disturbed by the DISTRICT, its
subsidiaries, affiliates, employees, agents, representatives, contractors, or subcontractors,
the property and any improvements shall be promptly restored by DISTRICT to their
condition prior to the activities that resulted in the disturbance.
13. DISTRICT shall indemnify, defend, and hold GRANTOR its officers, agents, employees,
and volunteers harmless from and against any and all costs,claims, damages, losses, fines,
penalties, forfeitures, claims, expenses, or liabilities (including, without limitation, court
costs and reasonable attorney's fees) arising out of or connected in any manner with
DISTRICT's Easement rights granted under this GRANT OF EASEMENT,including from
the release, presence or disposal of any hazardous substances or materials (as now or
hereafter defined in any law, regulation, or rule) in, on, or about the Easement or
GRANTOR's property, except to the extent such loss or damage caused by the gross
negligence or willful misconduct of GRANTOR;provided,however,that GRANTOR shall
accept the CITY's tender of indemnification, hold harmless and defense, in place of the
DISTRICT's,where such liability and indemnification obligations have been agreed to and
allocated under the terms of the MTA.
14. The DISTRICT acknowledges and agrees that except as otherwise expressly provided in
this Agreement,to the maximum extent permitted by law,the sale of the Easement is made
on an "As Is," "Where Is" condition and basis with all faults, and that GRANTOR has no
obligation to make repairs, replacements, or improvements thereto. The DISTRICT
acknowledges that DISTRICT is conducting its own investigation of the Easement area,
and(except for the express representations and warranties contained herein)the DISTRICT
is relying solely on such investigations,inspections,and evaluations of such Easement area
in making its decision to consummate the transaction contemplated by this Agreement,and
not on any information provided or to be provided by GRANTOR. The DISTRICT hereby
expressly acknowledges that the DISTRICT accepts the status and condition of the
Easement Area, including land use, zoning, building and other governmental regulations,
and physical,geological, and environmental conditions within the Easement Area. Except
as expressly provided for in this Agreement or any written amendment or supplement
hereto executed and delivered by GRANTOR, GRANTOR shall not be liable or bound in
any manner by any oral or written statements, representations or information pertaining to
the Easement area, or the operation thereof, furnished by any real estate broker, agent,
employee, or any other person.
IN WITNESS WHEREOF, the undersigned have caused this GRANT OF
EASEMENT to be executed the date hereinabove written.
"DISTRICT" "GRANTOR"
The Fresno Irrigation District, a California WESTLANDS WATER DISTRICT, a
irrigation district public agency duly organized, existing, and
acting pursuant to the laws of the State of
By California
Ryan Jacobsen, President
By:
By Name: Toss Gc��icrrej Date
William R. Stretch, Secretary Title: C�i��� a� .�„J pAt,,,
EXHIBIT "A"
APN 445-051-01 T
Fresno Irrigation District Easement
That portion of Lot 2 of Gould Ranch Tract, according to the map thereof recorded in
Volume 2 of Plats, at Page 21, Fresno County Records, more particularly described as
follows:
Commencing at the North quarter corner of Section 27, Township 13 South, Range 20
East, Mount Diablo Base and Meridian; thence South 00°20'22" West, on the West line
of the Northwest quarter of said Section 27, distance of 100.04 feet; thence South
89°39'38 East, leaving said West line, a distance of 40.00 feet to the easterly right of
way line of North Fresno Street and the POINT OF BEGINNING; thence South 0020'22"
West, on said right of way line, a distance of 31.22 feet; thence North 53°52'14" East,
leaving said right of way line, a distance of 20.99 feet; thence North 74011'46" East, a
distance of 28.94 feet; thence North 90°00'00" East, a distance of 80.32 feet; thence
North 45°20'22" East, a distance of 11.70 feet to the southerly right of way of the
Herndon Canal; thence North 88°49'34" West, a distance of 133.29 feet to the POINT
OF BEGINNING.
Containing an area of 1591 square feet, more or less.
G �
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EXHIBIT "B "
EAST SHIELDS AVENUE
POINT OF COMMENCEMENT, THE NORTH QUARTER
( If CORNER OF SECTION 27, TOWNSHIP 13 SOUTH,
RANGE 20 EAST, MOUNT DIABLO BASE AND MERIDIAN
N W -
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N 45°20'22"E 11.70`
~ N 8804934" W 133.29'
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? �: WESTLANDS WATER DISTRICT
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AREA TO BE ACQUIRED IN FAVOR OF THE
FRESNO IRRIGATION DISTRICT. CONTAINING -' NO. 8636
AN AREA OF: 1,591 SQUARE FEET _.
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REF.&REV. CITY O F F R E S N O PROJ.ID. _— RES TYPE___
FUND NO,___
2020-XXX DEPARTMENT OF PUBLIC WORKS ORG,NO.....
15-A-9XXX DR.BY„ J A.C, SHEET NO._l
CH.BY J.A.C. OF 1 _SHEETS
PLAT XXXX AREA TO BE ACQUIRED BY THE CITY OF FRESNO DATE _
SCALE— 1"=40'
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
) ss.
COUNTY OF Fresno
On , 2021, before me, a notary public,
personally appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) 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 signatures 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 under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal. (Seal)
This is to certify that the interest in real property conveyed by the deed or grant dated _.
from _ to Fresno li-rigation District, a California irrigation district, is
hereby accepted by the undersigned officer or agent on behalf of the Board Of Directors pursuant to
authority conferred by resolution of the Board of Directors adopted on January 27, 2004, and the
grantee consents to recordation thereof by its duly authorized officer.
Dated_ By:
William R. Stretch, Secretary
Fresno Irrigation District
Recording Requested By:
Public Works Department EXHIBIT "D"
City of Fresno
No Fee-Gov't. Code Sections
6103 and 27383 TEMPORARY CONSTRUCTION EASEMENT
DO NOT RECORD
When Recorded, Mail To:
Public Works Department
City of Fresno
2600 Fresno Street
Fresno, CA. 93721-3623
ATTN: Right-of-way Section
SPACE ABOVE THIS LINE FOR RECORDER'S USE
APN 445-051-01T (portion of)
TEMPORARY CONSTRUCTION EASEMENT
WESTLANDS WATER DISTRICT, GRANTOR, hereby GRANT to the City of Fresno, a
municipal corporation, GRANTEE, a temporary easement and right-of-way for the
construction of public utilities and public street improvements ("Improvements"),
including, but not limited to, concrete curbs, gutters, sidewalks, and driveway
approaches, in the public street right-of-way adjacent to said temporary easement and
right-of-way, on-site transitions to said improvements, and relocation or reconstruction
of affected on-site facilities, hereinafter called "Construction", over, under, through and
across that real property situated in the City of Fresno, County of Fresno, State of
California, described and shown as follows (the "Easement Area"):
See Exhibit "A", which is attached and incorporated herein
In addition:
1. GRANTEE, its agents, employees, contractors and subcontractors and their
employees shall have the right to enter upon and pass and repass over and along
said Easement Area and to deposit, store and use tools, implements and materials
thereon whenever and wherever necessary for the purpose of performing said
Construction.
2. This Temporary Construction Easement shall expire upon the earlier of the following-
(1) the completion of the Improvements or (2) two years from the execution hereof.
3. Upon taking actual/physical possession of the Easement Area, GRANTEE shall
defend, pay, indemnify and hold harmless GRANTOR and its officers, officials,
members, managers, employees, agents, invitees, and volunteers, from all claims,
suits, actions, damages, demands, costs or expenses of any kind or nature by or in
favor of anyone whomsoever, and from and against any and all costs and expenses,
including, without limitation, court costs and reasonable attorney's fees, resulting
from or in connection with loss of life, bodily or personal injury or property damage
arising directly or indirectly out of, or from, or on account of, or occasioned wholly or
in part by the GRANTEE's or Construction activities, except to the extent such loss
or damage is caused by the gross negligence or willful misconduct of GRANTOR.
4. During the term, GRANTEE shall require that all agents, consultants, and contractors
performing work within the Easement Area maintain policies of insurance that
GRANTEE requires of its contractors, naming GRANTOR as an additional insured.
5. GRANTEE shall be responsible for all permitting and compliance for the Construction
activities. GRANTEE shall assume full responsibility for any notices, violations, fines
and other regulatory actions taken against GRANTOR's real property or the
Easement Area as a result of the Construction activities.
"GRANTOR" "GRANTEE"
WESTLANDS WATER DISTRICT CITY OF FRESNO
a California municipal corporation
By: By:
Jose L. Gutierrez, Date Scott L. Mozier, PE, Date
Chief Operating Officer Public Works Director
RECOMMENDED FOR APPROVAL:
By:
R. Scott Beyelia Date
Supervising Real Estate Agent
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
By:
Raj Singh Badhesha Date
Supervising Deputy City Attorney
ATTEST-
YVONNE SPENCE, MMC CRM
City Clerk
By:
Deputy Date
EXHIBIT "A "
EAST SHIELDS AVENUE
POINT OF COMMENCEMENT, THE NORTH QUARTER
CORNER OF SECTION 27, TOWNSHIP 13 SOUTH,
RANGE 20 EAST, MOUNT DIABLO BASE AND MERIDIAN
N W
o N
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FID's HERNDON CANAL No. 39
co
cn
=40
uj � N 8804934" W 133.29' L5
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c/) Z { g L7
O z ��] LINE TABLE
W L1 N53°52'14"E 20.99'
uj co N APN 445-051-01 T L2 N 74°11'46"E 26.94'
o LL M WESTLANDS WATER DISTRICT L3 N 90°00'00"E 80.32'
z 3 L4 N 45°20'22"E 11.70'
O N
L5 S 8804934"E 13.94'
o � L6 S 45°20'22" W 25.52'
04
Q 0 A60 t ��' L7 S 90000'00" W 83.04'
L8 S 74011'46" W 25.76'
10 L9 S 53°52'14" W 26.59'
L 10 N 0002022"E 12.44'
� •�,� ��`. has
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AREA T ACQUIRED
O BE CQU RED FOR TEMPORARY
CONSTRUCTION EASEMENT PURPOSES. . 8636
CONTAINING AN AREA OF: 1,515 SQUARE FEET
REF.&REV. CITY OF FRESNO FPROIUND D RES TYPE
FUND NO
2020-XXX DEPARTMENT OF PUBLIC WORKS ORG NO-
15-A-9XXX
DR.BY J A C. SHEET NO.—'
PLAT XXXX TEMPORARY CONSTRUCTION EASEMENT CH.BY FEB A - OF 1 SHEETS
DATE
SCALD_
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. J
STATE OF California
) ss.
COUNTY OF Fresno
On . 2021 before me, a notary public,
personally appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) 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 signatures 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 under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal (Seal)
CERTIFICATE OF ACCEPTANCE(Officer) CERTIFICATE OF ACCEPTANCE (Council)
In accordance with Section 27281 of the Government In accordance with Section 27281 of the Government
Code, this is to certify that the interest in real property Code, this is to certify that the interest in real property
conveyed hereby is accepted by the undersigned officers conveyed by this instrument to the City of Fresno, a
on behalf of the Council of the City of Fresno pursuant to municipal corporation, is hereby accepted by order of the
authority conferred by Resolution No. 92-219A of said Council of the City of Fresno made on the date hereafter
Council, adopted June 9, 1992 and the grantee consents set forth and the grantee consents to the recordation
to the recordation thereof by its duly authorized officer. thereof by its duly authorized officer.
Public Works Director Item No./Reso. No.
ACCEPTED:
Date of Council Order:
By: Date: City Clerk
Scott Mozier, Director
By: _ Date:
-i;r.Fk+7Y
APPROVED AS TO FORM:
City Attorney
By: Date:
DEPUTY
RECOMMENDED FOR ACCEPTANCE: CHECKED:
By: By: R.
Title: Engineer II T Title: Chief Land Surveyor
Date: Date:
Log No. Drawing No. 15-A-