HomeMy WebLinkAboutAgreement A-20-271 with James Irrigation District.pdfAgreement No . 20-271
FACILITIES ENCROACHMENT AGREEMENT
THIS AGREEMENT is made effective as of July 7 , 2020 by and
between JAMES IRRIGATION DISTRICT, a California Irrigation District, hereinafter referred
to as "JAMES", and the COUNTY OF FRESNO, hereinafter referred to as "COUNTY" with
respect to the following facts:
WHEREAS, JAMES owns certain real property, commonly referred to as the James
Main Canal , for the purpose of conveying and delivering irrigation water;
WHEREAS, the COUNTY seeks to replace bridge structures crossing the James Bypass
along Manning A venue and the work to replace the bridge structures will temporarily encroach
upon the property owned by JAMES for the James Main Canal;
WHEREAS, the COUNTY also has an existing bridge structure crossing the James Main
Canal that will not be replaced at this time but currently encroaches upon the property owned by
JAMES for the James Main Canal;
WHEREAS, JAMES and COUNTY desire by this Agreement to establish conditions
under which the COUNTY will permit the temporary encroachment for the construction of the
bridge structure crossing the James Bypass and operate and maintain the existing bridge structure
encroachment crossing the James Main Canal.
THEREFORE, in consideration of the facts recited above and of the covenants, terms and
conditions set forth herein, the parties agree as follows:
1. Permitted Facilities . The facilities permitted to encroach upon the James Main Canal
under this Agreement shall only include the roadway, bridge structures and associated structures
and appurtenances approved by JAMES under this Agreement, hereinafter referred to as
"Permitted Facilities". The Permitted Facilities shall be located within the boundaries shown on
the attached Exhibit A ("Permit Boundaries"). No structures other than the Permitted Facilities,
either within or outside of the Permit Boundaries, are authorized or permitted under this
Agreement to encroach upon the James Main Canal.
2 . Term. This Agreement shall continue in effect for the duration of the existence of any
portion of the Permitted Facilities and shall terminate only upon the complete removal of the
Permitted Facilities and restoration of the underlying property to original conditions .
3. No Grant of Rights . The Parties acknowledge that this Agreement only governs the
operation and maintenance of the Permitted Facilities, and does not grant any rights in the
underlying real property, or affect the rights of any third party to such property. The COUNTY
warrants to JAMES that it possesses the right in the underlying real property to construct,
operate, and maintain the Permitted Facilities.
Fac ilities Encroachment Agreement -County of Fresno -Manning Avenue Br idge Replacement
15. Attorney's Fees. Should any action or proceeding be commenced between the parties
hereto concerning this Agreement, 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.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
above written.
JAMES IRRIGATION DISTRICT
For Accounting Use Only:
Fund/Org/Subclass: 0010/4510/J 1000
Temporary Construction Permit:
Account/Pro gram: 8110/91276
Encroachment Fees:
Account/Memo: 7260/107
s
COUNTY OF FRESNO
£___;r-/b ~ ~
Ernest "Buddy" Men des,hairman
County of Fresno Board of Supervisors
ATTEST:
Bernice E. Seidel
Cle rk of the Board of Superv isors
County of Fresno , State of Californ ia
By W~ ~sho::p
Deputy
Facilities Encroachment Agreement-County of Fresno -Manning Avenue Bridge Replac ement
128.50'JAM ES M AIN C AN ALR/WR/W 160.21' 160.21' 142.03' 58.93' 94.42'TEMPORARY CONSTRUCTION PERMITAREA = 0.272 ACRESLOCATION MAPMANNING AVENUEBUTTE AVENUETRINITY AVENUEJAMES BYPASS3.0 MILES TO THE CITYOF SAN JOAQUINBASIS OF BEARINGS:THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 15 SOUTH, RANGE 16 EAST, M.D.B.&M.,TO 1.38 MILES WEST OF LASSEN AVENUE (FEDERAL OVERLAY PROJECT).SW COR.SEC. 21-15/17SE COR.SEC. 21-15/17RECORD EASEMENT TOJAMES IRRIGATION DISTRICTA NON-EXCLUSIVEEASEMENT FOR INGRESSAND EGRESS40'SECTION LINERECORD EASEMENT TO PGE10 ' WIDTH RECORDEASEMENT TO PGENORTHEASTERLYBOUNDARY LINE OFRECLAMATION DISTRICTNo. 160640'50'50'40'10' WIDTH IRRIGATION EASEMENT TOJAMES IRRIGATION DISTRICTJAM ES M AIN C AN ALPERMITTED FACILITIESTO BE CONSTRUCTEDPERMITTED FACILITIESTO BE CONSTRUCTEDTEMPORARY CONSTRUCTION PERMITAREA = 0.398 ACRESPERMITTED FACILITIESTO REMAINPROJECTDEPARTMENT OF PUBLIC WORKS AND PLANNINGJAMES BYPASSMANNING AVENUE BRIDGESJAMES IRRIGATION DISTRICT - TCP