HomeMy WebLinkAboutCydarna LLC Agmt for Purchase and Sale of Permanent Easement & Escrow Instructions- APNS 466-260-01, 02 & 03- Fax Bus Stop ADA Upgrades Project- Phase A- City Project FC00019AGREEMENT FOR PURCHASE AND SALE OF A PERMANENT EASEMENT AND
ESCROW INSTRUCTIONS
APNs 466-260-01, 466-260-02, 466-260-03
FRESNO AREA EXPRESS BUS STOP ADA UPGRADES PROJECT — PHASE A
City Project No.: FC00019
This Agreement for purchase and sale of a permanent easement (the "Agreement") is
entered into by and between CYDARNA LLC, a California limited liability company (the
"Owner"), without regard to number or gender, and the CITY OF FRESNO, a California
municipal corporation (the "City") for a permanent easement and right-of-way for public
street purposes on the following terms and conditions.
RECITALS
A. Owner is the owner of an approximately 0.13-acre (5,662 square feet) parcel,
located in the City of Fresno known as Assessor's Parcel Numbers ("APNs") 466-
260-01, 466-260-02, and 466-260-03.
B. City desires to purchase property rights more particularly defined in Section 1
below (the "Subject Property") for the Fresno Area Express Bus Stop ADA
Upgrades Project — Phase A (the "Project").
C. City now wishes to purchase from Owner and Owner now wishes to sell to City
the Subject Property rights subject to the terms and conditions contained herein.
AGREEMENT
1. Subject Property Description. The real property which is the subject of this
Agreement, hereinafter the "Subject Property," is a Permanent Easement to
facilitate the Fresno Area Express Bus Stop ADA Upgrades Project — Phase A
(the "Project"), situated in the City of Fresno, County of Fresno, State of
California, being approximately a 0.0007-acre (29.97 square feet) portion of land,
located within APNs 466-260-01, 466-260-02, and 466-260-03 also known as
2000 Fresno Street, Fresno, California as described and depicted on Exhibit "A,"
Legal Description of Easement, and Exhibit "B," Plat Map of Easement, attached
hereto and incorporated herein by reference.
2. Grant of Easement. Owner agrees to grant to City a permanent easement and
right of way, (the "Easement") for public pedestrian walkway purposes over,
under, through and across the Subject Property, free and clear of all liens,
encumbrances, and restrictions of record.
3. Compensation. City shall pay nominal just compensation of EIGHT HUNDRED
AND NO/100 DOLLARS ($800.00) for the Easement, including cost to cure
damages, benefits, and/or severance damages to the remainder, if any, for the
Subject Property.
4. Replacement of Improvements. Clause 3 above may include payment for the
replacement of improvements such as fencing and/or irrigation facilities that are
within the area being acquired for this Project and must be removed in order to
proceed with the construction of the Project. If Owner does not remove said
APNs#: 466-260-01, 02, & 03 - PE City of Fresno/Cydarna/FC00019
items, City may install temporary fencing on Owner's property lying immediately
adjacent to the new right of way line, if necessary, to hold in livestock during
construction of the Project, and/or plug the irrigation line(s) at Owner's property
line. Owner hereby agrees to allow City, its agents, employees, authorized
contractors and subcontractors and their employees access to their remaining
property to perform said work.
4.1 Improvements and Access. Any existing property improvements located
within the Subject Property which become damaged as a result of construction
will be replaced to a comparable or better condition than that which existed prior
to City's Project construction to the extent reasonably practical. City's contractor
shall maintain pedestrian and vehicular access to the Subject Property at all
times, unless arrangements are made with Owner, their tenant(s), renter(s), or
lease holder(s) along the streets and alleys to deviate from this requirement.
Exceptions include during the actual placing of concrete or for very short periods
during paving operations. Access shall be safe and reasonable for pedestrians
and motor vehicles used by the property owners and emergency vehicles (fire,
police, and ambulance). All other existing property improvements within the
Subject Property, if any, shall be protected in place.
5. Effective Date. The Effective date of this Agreement shall be upon its duly
authorized execution by City and the payment of EIGHT HUNDRED AND
NO/100 DOLLARS ($800.00) as nominal just compensation to Owner.
6. Representation. Owner represents and warrants that it holds fee title to the
Subject Property and has the authority to enter into the Agreement herein made.
7. Change in Ownership or Lease. Owner agrees to hold City harmless and
reimburse City for any and all losses and expenses as to the Subject Property by
reason of any change in ownership or Lease of said Subject Property held by any
tenant of Owner.
8. Escrow Instructions. The transaction of the sale shall be processed by the City
through an internal escrow at 747 R Street, 2"d Floor, Fresno, CA 93721. The
contact is Nancy Bruno at (559) 621-8696. Owner and City by their signature to
this Agreement agree upon the following terms and joint escrow instructions:
a. City shall pay Owner the sums specified in Paragraph 3 of this Agreement
directly by check.
b. Payment of said sums, less Owner's cost to clear title, if any, may be
made to Owner only when the City possesses a fully executed and
acknowledged and recorded easement deed to the Subject Property free
and clear of all liens, encumbrances, and restrictions of record.
C. City reserves the right to accept title to the property interest to be acquired
by City herein subject to certain defects in any or all matters of record title
to the property. In consideration for Owner receiving the total sum as
stated in Paragraph 3, the undersigned Owner covenants and agrees to
2
APNs#: 466-260-01, 02, & 03 - PE City of Fresno/Cydarna/FC00019
indemnify and hold City harmless from any and all claims and demands
third parties may make or assert and causes of action third parties may
bring which arise out of or are in connection with the foregoing defects in
title to the property. Owner's obligation herein to indemnify and hold
harmless City shall not exceed the amount paid to Owner specified in
Paragraph 3.
d. It is understood that Owner shall be responsible for the payment of all
taxes, penalties, redemptions, and costs allocable to the Subject Property.
e. The escrow fee, cost of policy of title insurance, recording fees (if any),
shall be paid by City.
f. Disbursements of the purchase price 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. Indemnity. Owner shall indemnify, hold harmless, and defend City, its officers,
agents, employees, and volunteers from any liability, loss, fines, penalties,
forfeitures, claims, expenses, and costs, whether incurred by 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 Property 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.
Owner's obligation herein to indemnify and hold harmless City shall not exceed
the amount paid to Owner specified in Paragraph 3. This limitation does not
preclude City from bringing a claim against Owner for a loss on the adjacent
property.
10. Right of Possession and Use. It is agreed and confirmed by the parties hereto
that notwithstanding other provisions in this Agreement, the right of possession
and use of the Subject Property by the City, including the right to remove and
dispose of improvements shall commence on the date the amount of funds as
specified in Paragraph 3 herein are deposited into the escrow controlling this
transaction. The amount shown in Paragraph 3 herein includes, but is not limited
to, full payment for such possession and use, including damages, if any, from
said date.
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
APNs#: 466-260-01, 02, & 03 - PE City of Fresno/Cydarna/FC00019
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. Governing 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. Compliance with Laws. The Parties shall implement this Agreement in
accordance with all applicable Federal, State and City laws, ordinances
and codes. Pursuant to Section 21.7(a) of Title 49, Code of Federal
Regulations, the Parties shall comply with all elements of Title VI of the
Civil Rights Act of 1964. This requirement under Title VI and the Code of
Federal Regulations is to complete the USDOT Non -Discrimination
Assurance requiring compliance with Title VI of the Civil Rights Act of
1964, 49 C. F. R. Parts 21 and 28 C. F. R. Section 50.3.
Further, no person in the United States shall, on the grounds of race,
color, or national origin, be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination under any
program or activity that is the subject of this Agreement
d. Headings. 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.
e. 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.
f. 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 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.
g. 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.
h. Precedence of Documents. In the event of any conflict between the
body of this Agreement and any Exhibit or Attachment hereto, the terms
and conditions of the body of this Agreement shall control and take
APNs#: 466-260-01, 02, & 03 - PE City of Fresno/Cydarna/FC00019
precedence over the terms and conditions expressed within the Exhibit
or Attachment.
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.
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.
k. 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 City and Owner.
Counterpart. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original, but all of which
together shall constitute one and the same instrument. Counterparts of
this Agreement may be exchanged by email or electronic facsimile and
any email or electronic facsimile exchange of a Party's signature shall be
deemed to be an original signature for all purposes.
[SIGNATURE PAGE TO FOLLOW]
APNs#: 466-260-01, 02, & 03 - PE City of Fresno/Cydarna/FC00019
IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, on the Effective date of this Agreement as defined above.
CITY OF FRESNO, CYDARNA, LLC, a California limited
A California municipal corporation liability company
By: ��U[ f
A
Gear a nne A. White Date
BY :
Date
City ager
Print Name:
Ai . Y,Sa iA I Y
RECOMMENDED FOR APPROVAL:
Title:
f0 ZS
By:
4nc
Bruno Date
By:
Supervising Real Estate Agent
Date
Print Name:
_
APPROVED AS TO FORM:
ANDREW JANZ
City Attorn
By: rl�Zs_
Dep �.:1s� %l-Sa;b Date
ATTEST:
TODD STERMER, CMC, MMC
City Clerk
By:
Deputy Date
�ActC
Attachments:
1. Exhibit "A"
2. Exhibit "B"
Title:
OWNER ADDRESS:
2000 Fresno Street
Fresno, CA 93721
CITY ADDRESS:
Capital Projects Department
747 R Street, 2nd Floor
Fresno, CA 93721
m
APNs#: 466-260-01, 02, & 03 - PE City of Fresno/Cydarna/FC00019
EXHIBIT "A"
APN 466-260-01, 02, 03 (portion)
Pedestrian Easement
That portion of Parcel "A" of Parcel Map Number 73-39, according to the map thereof, in
Book 9 of Parcel Maps, at Page 64, Fresno County Records, lying in the Southeast quarter
of the Southeast quarter of Section 4 and the Northeast quarter of the Northeast quarter of
Section 9, Township 14 South, Range 20 East, Mount Diablo Base & Meridian, in the City
of Fresno, County of Fresno, State of California, and is described as follows:
COMMENCING at the most westerly corner of said Parcel "A"; thence North 48°51'43"
East, on the northwesterly line of said Parcel "A", a distance of 8.42 feet to the POINT OF
BEGINNING; thence North 48051'43" East, continuing on said northwesterly line, a
distance of 76.66 feet; thence South 41 °01'43" East, leaving said northwesterly line, a
distance of 0.71 feet; thence South 49'27'10" West, a distance of 17.72 feet; thence South
49018'05" West, a distance of 3.01 feet; thence South 49020'16" West, a distance of 18.60
feet; thence South 49 18 06 West, a distance of 24.61 feet; thence South 48010'00" West,
a distance of 12.72 feet; thence North 41 °01'43" West, a distance of 0.32 feetto the POINT
OF BEGINNING.
Containing an area of 29.97 square feet, more or less.
2024-156
15-A-10549
PLAT: 2655, 2755
PWF# 13513
FC00019
POINT OF
BEGINNING
L-N41'01'43"W 0.32'
�N48751'43"E 8.42'
THE MOST WESTERLY
CORNER OF PARCEL 'A",
WHICH IS THE POINT OF
T COMMENCEMENT
h
sue,
'A
EXHIBIT "B"
S41'01'43"E 0.71'-7.
1`L
,1.
5�
N49' 18'05"E 3.01'
C �o
h.
APNs 466-260-01, 02, & 03
Cydarna LLC, a California Limited
Liability Company
Doc No. 2024-0029373,
0.R.F.C_
W
Z- zo21/
®INDICATES AREA TO BE DEDICATED FOR PUBLIC
PEDESTRIAN PURPOSES 29.97 S F. ±.
REF.& REV. CITY OF FRESNO FPROJ. ID. UND NO. F435679 RESTY?E FAxFc
2024-156 DEPARTMENT OF PUBLIC WORKS ORG. NO.4Affg-01 -
THOSE PORTIONS OF THE SE j OF THE SE' OF SEC 4 AND THE NE' OF THE NE,'OF SEC 9. T14S, R20E. M DO W I DR. BY J•E.H• SHEET NO.
PLAT: 2655, 2755 I J,A,C- OF 1 SHEETS
TO BE DEEDED TO THE CITY OF FRESNO FOR CH. By
PWF# 13513 DATE AUG 1 2124
PUBLIC PEDESTRIAN EASEMENT PURPOSES __ 15-A-10549