HomeMy WebLinkAboutCortez, Frank and Cortez, Theresa M. Trustees of the Cortez Family Living Trust Agmt for Purchase and Sale of a Perm Easement and Escrow Instructions- APN 451-298-01 - 9-8-2025AGREEMENT FOR PURCHASE AND SALE OF A PERMANENT EASEMENT AND
ESCROW INSTRUCTIONS
APN 451-298-01
BLACKSTONE SMART MOBILITY PROJECT
City Project No.: PWO1023
This Agreement for purchase and sale of a permanent easement (the "Agreement") is
entered into by and between FRANK CORTEZ AND THERESA M. CORTEZ,
TRUSTEES OF THE CORTEZ FAMILY LIVING TRUST DATED MAY 1, 2018
(collectively, the "Owner"), without regard to number or gender, and the CITY OF
FRESNO, a California municipal corporation (the "City") (collectively referred to as the
"Parties").
RECITALS
A. The Owner is owner of an approximately 0.19-acre (8,276 square feet) parcel,
located in the City of Fresno known as Assessor's Parcel Number ("APN") 451-
298-01.
B. The City desires to purchase the property rights more particularly defined in
Section 1 below (the "Subject Property") for the Blackstone Smart Mobility
Project (the "Project").
C. The City now wishes to purchase from the Owner and the Owner now wishes to
sell to the City the Subject Property rights subject to the terms and conditions
contained herein.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants,
conditions, and premises hereinafter contained to be kept and performed by the
respective Parties, it is mutually agreed as follows:
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 Project, situated in the City of Fresno, County of Fresno, State of
California, being approximately a 0.0079-acre (342.27 square feet) portion of
land, located within APN 451-298-01, also known as 1160 North Blackstone
Avenue, Fresno, California as described and depicted in Exhibit "A," Legal
Description of Easement, and Exhibit "B," Plat Map of Easement, attached hereto
and incorporated herein by reference.
2. Grant of Easement. The Owner agrees to grant to the City a permanent
easement and right of way, (the "Easement") for public street purposes over,
under, through and across the Subject Property, free and clear of all liens,
encumbrances, and restrictions of record.
3. Compensation. The City shall pay just compensation of SEVEN THOUSAND
NINE HUNDRED AND NO/100 DOLLARS ($7,900.00) for the Easement,
including cost to cure damages, benefits, and/or severance damages to the
remainder, if any, for the Subject Property.
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APN#: 451-298-01 - PE City of Fresno/CORTEZJPW01023
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 the Owner does not remove said
items, the City may install temporary fencing on the 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 the
Owner's property line. The Owner hereby agrees to allow the City, its agents,
employees, authorized contractors and subcontractors and their employees
access to their remaining property to perform said work.
5. Effective Date. The Effective date of this Agreement shall be upon its duly
authorized execution by the City.
6. Representation. The 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. The Owner agrees to hold the City harmless
and reimburse the 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 the Owner.
8. Escrow Instructions. The transaction of the sale shall be processed by the City
through an internal escrow at 747 R Street, 2nd Floor, Fresno, CA 93721. The
contact is Nancy Bruno at (559) 621-8696. The Owner and the City by their
signature to this Agreement agree upon the following terms and joint escrow
instructions:
a. The City shall pay the Owner the sums specified in Paragraph 3 of this
Agreement directly by check.
b. Payment of said sums, less the Owner's cost to clear title, if any, may be
made to the 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. The City reserves the right to accept title to the property interest to be
acquired by the City herein subject to certain defects in any or all matters
of record title to the property. In consideration for the Owner receiving the
total sum as stated in Paragraph 3, the undersigned the Owner covenants
and agrees to indemnify and hold the 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. The Owner's obligation
herein to indemnify and hold harmless the City shall not exceed the
amount paid to the Owner specified in Paragraph 3.
d. It is understood that the Owner shall be responsible for the payment of all
taxes, penalties, redemptions, and costs allocable to the Subject Property.
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APN#: 451-298-01 - PE City of Fresno/CORTEZ/PW01023
e. The escrow fee, cost of policy of title insurance, recording fees (if any),
shall be paid by the 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. The Owner shall indemnify, hold harmless, and defend the City, its
officers, agents, employees, and volunteers from any liability, loss, fines,
penalties, forfeitures, claims, expenses, and costs, whether incurred by the
Owner, the 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. The Owner's obligation herein to indemnify and hold harmless the
City shall not exceed the amount paid to the Owner specified in Paragraph 3.
This limitation does not preclude the City from bringing a claim against the 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
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
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APN#: 451-298-01 - PE City of Fresno/CORTEZ/PW01023
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
precedence over the terms and conditions expressed within the Exhibit
or Attachment.
i. 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.
j. 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.
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APN#: 451-298-01 - PE City of Fresno/CORTEZ/PW01023
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 the City and the 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]
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APN#: 451-298-01 - PE City of Fresno/CORTEZ/PW01023
IN WITNESS WHEREOF, the Parties have executed this Agreement at Fresno,
California, on the Effective date of this Agreement as defined above.
CITY OF FREP40,
A California icipal corporation
By: 8 2s'
Denix D. Anbiah, PE Date
Capital Projects Director
RECOMMENDED FOR APPROVAL
By:
Nan Bruno Date
Right of Way Manager
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
FRANK CORTEZ AND THERESA M.
CORTEZ, TRUSTEES OF THE CORTEZ
FAMILY LIVING TRUST DATED MAY 1,
2018
Frank Cortez Date
Trustee
By: eft4a-a, fZ 2.0u,Zs_
Theresa M. Cortez Date
Trustee
OWNER ADDRESS:
1151 W. Athens Ave
Fresno, CA 93711
CITY ADDRESS:
Capital Projects Department
By- S -17 f 747 R Street, 2nd Floor
erp) y Date Fresno, CA 93721
ATTEST:
TODD STERMER, MMC
City Clerk
�$
y:Z5
Deputy Cr>lkeWe i arr;o5 Date
Attachments:
1. Exhibit "A"
2. Exhibit "B"
rei
APN#: 451-298-01 - PE City of Fresno/CORTEZ/PW01023
EXHIBIT "A''
APN: 451-298-01 (portion)
Public Street Easement
Those portions of Lots 11, 12, and 13 of Block 16 of Blackstone Villa, according to the map
thereof, recorded on November 1, 1909 in Book 5 of Record of Surveys, at Page 18,
Fresno County Records, lying in the Southwest quarter of Section 34, Township 13 South,
Range 20 East, Mount Diablo Base and Meridian, in the City of Fresno, County of Fresno,
State of California, and is described as follows:
COMMENCING at the Southeast corner of the West 10.00 feet of said Lot 13; thence North
00026'49" East, on the East line of said West 10.00 feet, a distance of 53.40 feet to the
POINT OF BEGINNING; thence North 61'50'11" East, leaving said East line, a distance of
4.32 feet; North 00°26'49" East, a distance of 22.45 feet; North 48°56'58" East, a distance
of 6.46 feet to the beginning of a non -tangent curve, concave to the South, having a radius
of 135.28 feet, and to which point a radial bears North 09°45'39" East; thence easterly on
said curve, through a central angle of 11'55'50", an arc distance of 28.17 feet; thence North
63035'11" East, leaving said curve, a distance of 5.73 feet to the existing southerly Right -of
Way line of East Olive Avenue and to the beginning of a non -tangent curve, concave to the
South, having a radius of 140.78 feet, and to which paint a radial bears North 23°15'35"
East; thence westerly on last said curve, through a central angle of 17°24'25", an arc
distance of 42.77 feet to said East line; thence South 00026'49" West, on said East line, a
distance of 35.45 feet to the POINT OF BEGINNING.
Containing an area of 342.27 square feet, more or less.
NO. 8636
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2024-265
15-A-10650
PLAT: 2456
PWF# 13238
PWO1023
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EXHIBIT "B"
fL=42,77', R=140.78'
L=17°24'25"
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S00°26'49" W 35.45'
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CORTEZ FAMILY
1.0 7_ �y a �,� ,� LIVING TRUST
z ' 5 vim" l- 90"L t.� Doc. No. 2018-0058730
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SOUTH LINE OF LOTS 1-13
THE SE CORNER OF THE
WEST 10.00' OF LOT 13,
WHICH IS THE POINT OF
COMMENCEMENT
EAST WEBSTER AVENUE
INDICATES AREA TO BE DEDICATED FOR PUBLIC STREET
PURPOSES. 34Z 27 S. F, ±.
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REF. & REV
CITY OF F R E S N O
PROJ ID
PN2513 _
22513
RES TYPE
2024-265
DEPARTMENT OF PUBLIC WORKS
FUND NO.
ORG NO.
PLAT. 2456
'PORTION OF THE 30UTHWEST ; OF aECT'ON ]q, TOWNSHIP 13 SOUTH RANGE 20 EAST. 'A :] B d M I
DR. BY _
BY
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,1:A_C.
SHEET NO
OF_ 1 SHEETS
TO BE DEEDED TO THE CITY OF FRESNO FOR
CH.
_
PWF# 13238
PUBLIC STREET EASEMENT PURPOSES
DATE _
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A?R.25.2025
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15-A-10650