HomeMy WebLinkAboutAgreement A-20-272 with Reclamation District 1606.pdfAgreement No. 20-272
FLOODWAYENCROACHMENTAGREEMENT
THIS AGREEMENT is made effective as of July 7 , 2020 by and
between RECLAMATION DISTRICT NO. 1606, a California Reclamation District, hereinafter
referred to as "RD 1606", and the COUNTY OF FRESNO, hereinafter referred to as
"COUNTY" with respect to the following facts:
WHEREAS, RD 1606 owns certain real property, commonly referred to as the James
Bypass, for the purpose of maintaining a floodway and providing flood protection for lands
within the boundaries of RD 1606;
WHEREAS, the James Bypass is a Designated Floodway as defined by Title 23 of the
California Code of Regulations and is under the jurisdiction of the Central Valley Flood
Protection Board ("CVFPB");
WHEREAS, the CVFPB requires a permit for encroachments within a Designated
Floodway, such as the James Bypass;
WHEREAS, the COUNTY seeks to replace bridge structures crossing the James Bypass
along Manning A venue and these bridge structures will encroach onto the James Bypass;
WHEREAS, consistent with the CVFPB encroachment permitting process, RD 1606 and
COUNTY desire by this Agreement to establish conditions under which the COUNTY will
operate and maintain the floodway encroachment.
THEREFORE, in consideration of the facts recited above and of the covenants, terms and
conditions set forth herein, the parties agree as follows:
I. Permitted Facilities. The facilities permitted to encroach upon the James Bypass under
this Agreement shall only include the roadway, bridge structures and associated structures and
appurtenances approved by RD 1606 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 Bypass.
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 RD 1606 that it possesses the right in the underlying real property to construct,
operate, and maintain the Permitted Facilities.
Flood way Encroachment Agreement -County of Fresno -Manning Avenue Bridge Replacement
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above
written.
RECLAMATION DISTRICT NO. 1606
By si,...~ ~hb?J)
Steven P. Stadler, Manager
For Accounting Use Only:
Fund/Org/Subclass: 00 I 0/4510/11000
Temporary Construction Permit:
Account/Program: 8110/91276
Encroachment Fees:
Account/Memo: 7260 /107
5
COUNTY OF FRESNO
By £ ~/J-.-~~
Ernest "Buddy" Mendes.airman
County of Fresno Board of Supervisors
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County ofFreson, State of California
By: __ Su~~-------------
Deputy
Floodway Encroachment Agreement-County ofFresno -Manning Avenue Bridge Replacement
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JAMES
MA
IN
CANA
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JAMES
BYPASS
JAMES
BYPASS
R/W
R/W
R/W
R/W
N 89°48'42" W, 323.43'
N 81°07'4
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N 89°48'42" W, 428.25'S
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S 89°48'42" E, 248.32'N 53°
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S 89°48'42" E, 972.72'
N 89°48'42" W, 1502.68'
S 89°48'42" E, 1543.03'S
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S 89°53'48" E, 189.66'S
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S 00°11'18" W, 10.00'
N 89°48'42" W, 32.28'
S 38°43'00" E, 109.23'
TEMPORARY
CONSTRUCTION PERMIT
AREA = 9.032 ACRES
TEMPORARY
CONSTRUCTION PERMIT
AREA = 2.871 ACRES
LOCATION MAP
MANNING AVENUE
BUTTE AVENUETRINITY AVENUEJAMES BYPASS3.0 MILES TO THE CITY
OF SAN JOAQUIN
BASIS OF BEARINGS:
THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 15 SOUTH, RANGE 16 EAST, M.D.B.&M.,
BEARS N88°33'07"E PER 2014 COUNTY OF FRESNO PRELIMINARY SURVEY OF MANNING AVENUE FROM PLACER AVENUE
TO 1.38 MILES WEST OF LASSEN AVENUE (FEDERAL OVERLAY PROJECT).
SW COR.
SEC. 21-15/17 SE COR.
SEC. 21-15/17
A NON-EXCLUSIVE
EASEMENT FOR INGRESS
AND EGRESS40'
S 89°48'42" E 5,251.65'SECTION LINE
RECORD EASEMENT TO PGE
10 ' WIDTH RECORD
NORTHEASTERLY
BOUNDARY LINE OF
RECLAMATION DISTRICT
No. 1606
40'50'50'40'10' WIDTH IRRIGATION EASEMENT TO
JAMES IRRIGATION DISTRICT
JAMES
MA
IN
CANA
L
EASEMENT TO PGE
PERMITTED FACILITIES PERMITTED FACILITIES
PROJECT DEPARTMENT OF PUBLIC WORKS AND PLANNING
JAMES BYPASS
MANNING AVENUE BRIDGES FLOODWAY ENCROACHMENT