RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Merced
678 W 18th Street
Merced, CA 95340
ASSIGNMENT AND ASSUMPTION OF EASEMENT
Pursuant to Assembly Bill 1X 26, enacted in June 2011, and as modified by the Supreme Court of the State of California in the matter of California Redevelopment Association, et al. v. Ana Matosantos, et al, Case No. S194861, and further modified by Assembly Bill 1484, enacted in June 2012, and other subsequent legislation, the REDEVELOPMENT AGENCY OF THE CITY OF MERCED, a public body corporate and politic of the State of California ("Redevelopment Agency") was dissolved effective February 1, 2012.
Assignor SUCCESSOR AGENCY OF THE CITY OF MERCED, a public entity organized and existing under California Health and Safety Code Section 34173(d) ("Successor Agency"), is the successor entity to the former Redevelopment Agency and is responsible for the wind-down of the affairs of the former Redevelopment Agency, including, without limitation, the disposition of assets and properties of the former Redevelopment Agency.
Assignee the CITY OF MERCED, a California Charter Municipal Corporation, desires to accept the assignment of the Easement Agreement, as hereinafter defined, and assume the rights and obligations of the Successor Agency thereunder.
Pursuant to Section 13 of that certain Easement Agreement dated January 7, 1980, and recorded on January 11, 1980, in Volume 2215, page 905, in the Official Records of Merced County, California ("Easement Agreement"), the former Redevelopment Agency/Successor Agency has the right to assign and transfer its rights and obligations thereunder to the City of Merced. Pursuant to Section 12 of such Easement Agreement, the former Redevelopment Agency/Successor Agency's rights and obligations under the Easement Agreement shall terminate upon such transfer ATTACHMENT # 1
to the City of Merced, provided the City assumes the former Redevelopment Agency/Successor Agency's rights and obligations.
To effectuate the foregoing, FOR VALUABLE CONSIDERATION, the undersigned SUCCESSOR AGENCY OF THE CITY OF MERCED, grants, assigns, and transfers to the CITY OF MERCED, a California Charter Municipal Corporation, all of its rights and obligations under the Easement Agreement. The CITY OF MERCED, a California Charter Municipal Corporation, hereby assumes all of rights and obligations of the former Redevelopment Agency/Successor Agency under the Easement Agreement.
The real property that is the subject of said Easement Agreement is described as shown in Exhibit "A" attached hereto and made a part hereof.
A.P.N. 031-144-032
Dated: SUCCESSOR AGENCY OF
CITY OF MERCED
BY:
Executive Director
ATTEST:
D. SCOTT McBRIDE, SECRETARY
BY:
Assistant/Deputy Secretary
APPROVED AS TO FORM:
BY: 10/25/2023
General Counsel Date
{Signatures continued on next page}
Assignment of Arbor Walkway South Easement Final for Execution.docx 2
CITY OF MERCED
BY:
City Manager
ATTEST:
D. SCOTT MCBRIDE, CITY CLERK
BY:
Assistant/Deputy Clerk
APPROVED AS TO FORM:
BY: MIs 10/25/2027
• City Attorney Date
ACCOUNT DATA
BY:
Verified by Finance Officer
Assignment of Arbor Walkway South Easement Final for Execution.docx 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 )
On _ before me, personally
appeared _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/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 signature(s) 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.
Signature
Assignment of Arbor Walkway South Easement Final for Execution.docx 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
On. _ before me,
appeared _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/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 signature(s) 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.
Signature
Assignment of Arbor Walkway South Easement Final for Execution.docx
EXHIBIT A
LEGAL DESCRIPTION
A portion of Lot 5 in Block 185 according to map entitled, SUPPLEMENTAL MAP TO TOWN OF MERCED," originally recorded March 4, 1889, in Volume 1 of Official Plats, Page 12, Merced County Records, and now appearing in Volume 2 of Official Plats, Page 12.
BEGINNING at the southwesterly corner of said Lot 5; thence N24º40'E for 150.00 feet to the northwest corner of said Lot 5; thence S65°20'E for 25.00 feet along the north line of said Lot 5; thence S70°37'40"W for 13.91 feet; thence S24º40'W for 69.68 feet; thence N65 20'W for 4.00 feet, S24º40'W for 7.00 feet, S65º20'E for 4.00 feet, S24º40'W for 4.50 feet, S65°20'E for 2.00 feet; thence $24°40'W for 28.83 feet; thence N65°20' W for 2.00 feet; thence S24040'W for 22.50 feet; thence S65°20'E for 2.00 feet; thence S24º40'W for 6.83 feet to a point on the southwesterly line of said Lot 5; thence N65°20'W, for 17.00 feet to the point of beginning.
Assignment of Arbor Walkway South Easement Final for Execution.docx