032879 986
RECORDED SY
Recording Requested By: pity of merced
JAN 11 1980 at/lito am
City of merced vOL2215 PAG-905
When Recorded, Mail To: OFF'L RECORDS OFMERCED
COUNTY, CALIFORNIA
LeROY G. GILSDORF
Recorder
Else totemoss
EASEMENT AGREEMENT
Ass't
DH
This Agreement is entered into this day of
AGENCY OF THE CITY' 1980 by and between the REDEVELOPMENI OF MERCED (the "Agency") and JEAN C.
BLAUERT and DONALD E. BLAUERT (the "Participant").
RECITALS:
A. The Agency is a public body, corporate and politic
exercising governmental functions and powers and organized existing under the Community Redevelopment Law of the
State of California (Health and Safety Code Sections 33000 et seq.). The office of the Agency is located at 1713 M Street, Merced, California 95340. "Agency" as used in this Agreement includes the Redevelopment Agency of the City of Merced, California and any assignee of, or any successor to, its rights, powers and responsibilities.
Jean C. Blauert and Donald E. Blauert reside at
2699 Fourth Avenue, Merced, California. Wherever the term "Participant" is used herein such term shall include any permitted nominee, assignee or successor in interest as herein provided.
C. The Participant is the owner of certain real prop-
erty commonly known as 534 West Seventeenth Street in the City of Merced, Merced County, California, hereinafter
referred to as the "Servient Tenement" and described as follows: (Insert 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 N 24040' E 150.00 feet to the northwest corner of said Lot 5; thence S 65020' E
25.00 feet along the north line of said Lot 5; thence S 70037'40" W
13.91 feet; thence S 24040' W 69.68 feet; thence N 65020' W 4.00 feet, s 24040' W 7.00 feet, S 65020! E 4.00 feet, S 24040' W A 50 feet, S 65020' E 2.00 feet; thence S 24040' W 28.83 feet; thence N 65020' W 2.00 feet; thence S 24040' W 22.50 feet; thence S 65020' E 2.00 feet; thence 24040' ₩ 6.83 feet to a point on the southwesterly line of said Lot 5; thence N 65020' W 17.00 feet to the point of beginning.
Attachment No. 5
ATTACHMENT #2
VOL 2215 PASE905
032879
The Agency, in accordance with the "Participation
Agreement" between the Agency and the Participant executed _ 1979, desires to acquire certain
rights in the Servient Tenement.
NOW, THEREFORE, it is agreed as follows:
Participant hereby grants to the Agency and its
successors and assigns an easement as hereinafter described.
2. The easement granted is an easement in gross.
3. The easement granted is a right-of-way to be used
by the general public.
4. The easement granted is located generally on a
fifteen foot strip along the western boundary of the Servi- ent Tenement, except on the northern boundary of the Servi- ent Tenement where the easement widens, and is more particu- larly described in the legal description of the Servient Tenement incorporated herein and attached hereto as Exhibit A. Such easement includes the western surface of the wall located on the eastern boundary of the easement and the not the wain catal eastern surface of the wall located on the western boundary of the Servient Tenement; provided, however, that nothing contained herein shall prohibit Participant from installing doors or windows in the wall located on the eastern boundary Such easement shall also include that
portion of the roof which covers the public right-of-way but only to the extent needed to maintain or repair that portion of the roof or the sky lights in such roof or light- . ing attached to such roof or to ensure the adequate draining and disposing of all rain, water and other precipitants.
5. The easement granted includes the following use of
the Servient Tenement.
Use by the general public as a pedestrian
right-of-way to be used for the purpose of traversing be- ween west seventeenth Street and the alley and parking lot on the south side of the Servient Tenement.
b. The right to install and provide electricity,
lighting, water and planting in order to provide a safe, . and attractive right-of-way to be used by the public.
C. Any other uses which are necessary and con-
venient to the use and maintenance of the Servient Tenement a right-of-way for the use of the public.
Attachment No. 5
VOL 2215 PA.S:906
032879
The easement granted is exclusive and the Redevel-
oper shall have no rights to obstruct or interfere in any manner with the use of the Servient Tenement as a public right-of-way.
The easement granted includes incidental rights of
maintenance, repair and replacement including, but not
limited to:
The right to clean, resurface and repair the
surface of the walkway or the surface of the walls adjoining so nay and that pore gon of the right-of-way and that portion of the roof covering the right-of-way.
The right to clean, repair, replace, improve
and maintain the lighting, water, planting and other utilities and improvements in the right-of-way.
The maintenance and repair of the right-of-way
and the adjoining walls and that portion of the roof which covers the public right-of-way shall be governed in accor- dance with this section.
Except as herein provided the Agency agrees to
provide for the repairs and maintenance of the walkway.
Agency agrees to provide for the cleaning and
maintenance of that portion of the roof which covers the public right-of-way and any troughs, gutters, and drain pipes attached to such portion of the roof to ensure the adequate draining and disposing of all rain, water and other. precipitants which fall, collect or come upon such portion of the roof.
The Agency and the Participant agree to divide and
share the costs of all repairs and replacement of the roof including any troughs, gutters and drain pipes which take place on both the portion of the roof which covers the
public right-of-way (Portion B of the Site) and the portion of the roof covering Participant's building (Portion A of the Site). Such repairs and replacement includes but is not limited to re-roofing. The cost of such repairs or replace- ment shall be divided in the same ratio as the area of the roof being repaired or replaced covering each portion
(Portion A and Portion B of the Site) bears to the total area of the roof being repaired or replaced. For example, if 60 percent of the total area of roof which is being
repaired covers Portion A of the Site and 40 percent of the total area of roof which is being repaired covers Portion B of the Site, Participant will pay 60 percent of the total cost of repair or replacement and the Agency will pay 40 percent of the total cost of repair or replacement.
Attachment No. 5
VOL2215 PAS:907
032879
The Participant shall notify the Agency of the
need for any major repair or maintenance as soon as possible after the Participant knows of such need.
The cost of providing electricity and water for
he purpose of lighting and maintaining the right-of-wa
hall be paid directly by the Agency to the respectiv
utilities and is not a part of this Agreement.
shall be responsible for providing electricity and water to the right-of-way.
9. The Agency has the obligation to maintain adequate
insurance on the public right-of-way.
10. The Agency shall indemnify the Participant and
hold it harmless from any and all liability for bodily
injury, death and property damage which occurs on the public right-of-way.
11. This Agreement contains the entire agreement
between the parties relating to the rights herein granted and the obligations herein.
12. This Agreement shall bind and enure to the benefit
of the respective heirs, personal representatives, succes- sors, and assigns of both parties; provided, however the Agency's obligations and rights under this Agreement shall continue only until it assigns and transfers such obliga- tions and rights to the City of Merced, provided the City of Merced assumes the Agency's obligations and rights.
13. The Agency shall have the right to assign and
transfer its obligations and rights under this Agreement to the City of Merced.
IN WITNESS WHEREOF the parties hereto have executed
this Agreement the day and year first written above.
REDEVELOPMENT AGENCY OF
THE CITY OF MERCED
By ace salisiaut
Carol Gabriault, Vice Chairmar
Loused Beauert
ONALD E. BLAUERT
kan C. Blanech
Attachment No.
VOL 2215 PAS=908
032879
STATE OF CALIFORNIA )
SS.
COUNTY OF
On January 3. _ 1980, before me, the under-
signed, a Notary Public for the State of California, per- sonally appeared JEAN C. BLAUERT and DONALD E. BLAUERT, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same.
SAMUEL I. BRANTUZY
NOTARY FUELC
MERCED COUNTY, CALFORNIA
Nay Comision Expires Alay 24, 1920
said County and State
STATE OF CALIFORNIA )
SS
COUNTY OF MERCED
On January 1, 1980, before me, the undersigned, a Deputy City Clerk in and for the City of Merced, California, personally appeared CAROL GABRIAULT, known to me to be the Vice Chairman of the Redevelopment Agency of the City of Merced, a public body, corporate and politic, that executed the within instrument and known to me to be the person who executed the within instrument on behalf of said agency, and acknowledged to me that such agency executed the same.
DORA DAVIDSON, Deputy City Clerk
INCORPORATED
1 APRIL
VOL2215 PAS:909
CERTIFICAȚE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Easement Agreement dated January 7, 1980, between the REDEVELOP- MENT AGENCY OF THE CITY OF MERCED and JEAN C. BLAUERT AND DONALD E.
BLAUERI, is hereby accepted by the undersigned City Clerk on behalf of the City of Merced pursuant to authority conferred by Resolution No. 4217 of the City Council of the City of Merced adopted on May 20, 1974, and the grantee consents to recordation thereof by its duly authorized officer.
DATED: January 11, 1980
ALLAN R. SCHELL, City Clerk
Dardson
BY_
Dora Davidson
Deputy City Clerk
. 1889
vOL2215 2:910
END OF DOCUMENE