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HomeMy WebLinkAboutJose Garcia Purchase and Sale of Easement Almy Ave and Roy Ave Street Widening-G.so9 atl!oCLOtr È=¿roÐø }-lvr-:ì()ı () CC neqLb q -L+ -zÐ{ AGREEMENT FOR PURCHASE AND SALE OF EASEMENT AND ESCROW INSTRUCTIONS Almy Avenue and Roy Avenue Street Widening City Project Number: pW00694 Jose Garcia, hereinafter called the "Grantor," without regard to number orgender,- hereby offers to sell to the clTY oF FRESNO, r rrï.'pal corporation,hereinafter called the "City," the hereinafter described street easement'on the iottowinjterms and conditions: 1' The street easement which is the subject of this Agreement, and which ishereinafter for convenience referred to as the '"subject nroþe¡¡u,;- being a streeteasement approimat"]y 764 square feet in size and is 'tocäted within Ãsrerror,,Parcel Numbers which is situated in the City of Fresno, Cóunty of Fresno,state of california, more particularly described as follows: Exhibit "4" and "8" relative to a permanent street easements, hereto attachedand reference made a part of hereof 2. The purchase price for the subject property shall be the sum of FTFTEEN THOUSAND EIcHT HUNDRED DOLLARS ($15,g00.00) as just compensation for the street easement. 3' Sell that the City has the power to acquire the subjectproperties for pu eminent domain. lf title ooes nãiËär. to the citywithin the time Agreement, the city may negin åminent domainproceedings to a ession or tiile. The partieé a Sellers hereunder shall be conclusively ble in such proceedíngs, and this Agree upon which judgment may be entered st compensation to be paid to Sellers. defenses in said proceeding. 4' lt is understood and agreed by and between the parties hereto that thestreet easement in Exhib.it "4" and depicted on Exhibit "8", is , pérrrn"nt easement andright of way for public streel purposes. City and Selle(s) that, notwithstanding of possession and use of the subjeJt ve and dispose of improvements within escrow controilins this transaction, whichever J:å,ir'åi:Ï: il;1iïnT'S;,3;; ijParagraph 2 above includes, but is not limited to, full payment for such possession anduse , including damages, if any, from said date. 7-1-2015 I of4 0B[0[NAI 6. Seller represents and warrants that it has the authority to make the offer herein made, and that it holds fee title to said easement and can convey the subject property free and clear of all liens, encumbrances, and restrictions of record excepf for the title exceptions noted in 7.b below. 7. The sale shall be completed through an escrow to be opened at Fidelity National Title Company,7485 North Palm Avenue, Suite 106, Fresno, Californiag3Tli under Escrow Number FFOM -201140321O-BW. Said escrow shall be opened upon the following terms and conditions, and the Seller and City by their signature to this Agreement make this paragraph their escrow instructions: a. The City shall deposit the escrow and title costs upon receipt of demand and statement from said title company therefor.b. When escrow holder possesses and is in a position to deliver to the City a fully executed and acknowledged and recorded easement deed to the subjôct property and when said escrow holder stands ready to issue to the City a standard title insurance policy guaranteeing a title to said property in the City free and clear of all liens, encumbrances and restrictions of record, except for: items 1, 2, 3, 4, 5, 6, 7 and 8, contained in the preliminary Tifle Report No. FFoM - 201140321O-BW dated November 20, 2014 from Fidelity National Ti¡e Company, then escrow shall close and the deed of easement recorded.c. lt is understood that Seller shall be responsible for the payment of all taxes, penalties, redemptions, and costs allocable to the subject property. lt is further Seller's responsibility to apply to the County Tax Collector for any refund or decrease in taxes which may be granted.d. The escrow fee, cost of policy of title insurance, recording fees (if any), and all other closing costs shall be paid by the City. Seller will pay any cost-to convey the title to the subject property in the condition described in 7.b above, 8. 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 subsequeni breach of either the same or a different provision of this Agreement. No provision oi 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 ãny other provision herein.b. Governinq 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 in Fresno, California.c. 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.d. Severabilitv. The provisions of this Agreement are severable. The invalidity, or unenforceabilíty or any one provision in thís Agreement shall not affect the other provisions. e. lnterpretation. 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 7-t-2015 2of4 OBIGINAT 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.f. Attornev's Fees. lf 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.g. Precedence of Documents. ln 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.h. 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.i. 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. i Extent of Aqreement. 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 Sellers. 9. Time is of the essence of each and every term, condition, and covenant hereof. 10. lt is understood and agreed that as a condition precedent hereto, this Agreement shall have no force and effect until approved or otherwise authorized by the Council for the City of Fresno. This Agreement is to remain open for one hundred and twenty (120 days) from the date hereof, and that upon its duly authorized execution within said time by the City, this Agreement shall become a contract for the purchase and sale of subject property binding upon Sellers and City, their heirs, executors, administrators, successors in interest, and assigns. 11. Environmental lndemnity Seller shall indemnify, hold harmless, and defend the Buyer, its officers, agents, employees, and volunteers from any liability, loss, fines, penalties, forfeitures, claims, expenses, and costs, whether incurred by the Seller, Buyer, 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 Closing. 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. Upon written notice from the Buyer, the Seller, at Seller's sole cost and expense, shall immediately assume the defense of any claims, suit or action brought against the City by any public body, individual, partnership, corporation or other legal entity, relating to any matter covered by this paragraph. Seller's obligations under this indemnity shall survive the close of escrow and the recording of the grant deed. 7 -l-2015 3 of 4 OMGINAI SIGNATURE PAGE This Agreement is executed by the City of Fresno by and through the Assistant Public Works Director or the Council of the City of Fres RECOMMENDED FOR APPROVAL BY Date g -)'l ZO t{ Address of City: City of Fresno Public Works Department 2600 Fresno Street, Room4019 Fresno, C493721-3623 ATTEST: WONNE SPENCE, CMC City Clerk By GRANTOR(S): Dat Address of Sellers /ze/ t s APPROVED AS TO FORM: Douglas T. Sloan City Attorney By Senior Real Estate Agent J. Benelli, Assistant Director rtment of Public Works 7 -r-2015 4of4 OMOINAL EXHIBIT -A" (portion) Street easement A portion of Lot 65 of Central California Colony, according to the map thereof recorded in Volume 2 of Plats at Page 1, Fresno County Records, more particularly described as follows: COMMENCING at the northeast corner of the south 12O.OO feet of Lot g6 of said Central California Colony; thence N 89"43'44" W, along the north line of the south 120.00 feet of said Lot 96, a distance of 8.88 feet to the point of cusp of a tangent curue concave northerly and having a radius of 32.00 feet; thence easterly, along the arc of said curve, through a central angle of 16"06'48", an arc distance of g.00 feet to a point on the west line of said Lot 65, said point being the TRUE polNT oF BEGINNIING of this description; thence northeasterly and northerly, continuing along the arc of said 32.00 foot radius curve, through a central angle of 73'89'55", ãn arc - distance of 41.14 feet; thence N 0"29'33" E, parallelwith and 23.00 feet east of the west line of said Lot 65 and tangent to last said curve, a distance of 54.12 feet to the north line of the south 206.00 feet of said Lot 65; thence N 89'43'44" W, along last said north line, a distance of 23.00 feet to the west line of said Lot 65; thence S Ooãg'gg" W, along said west line, a distance of 84.74 feet to the TRUE POINT OF BEGINNING. Contains an area ol 1,764 square feet, more or less. 2014-119 15-A-9089 PWF 11747 L:\Rig ht-oÊway Section\DATA\Roy & Alm g329-020-06.doc t- /1 /r+ EXHIBIT IIBI' O = PREI/IOUSLY DEDICATED FOR PUBLIC ROAD PURPOSES BY THAT DEED RECORDED 10t111't945 lN BOOK 2275 AT PAGE 429. O.R.F.C. Ø = PREVIOUSLY DEDICATED FOR PUBLIC STREET PURPOSES BY THAT DEED OF EAÉ¡EMEI.¡T RECORDED 6/121962 IN IN BOOK 4728 AT PAGE 825, O.RF.C. @ = PREVIOUSLY DEDICATED FOR PUBLTC STREET PUNPOSES BYTRACT NO.6603 RÊCORDED IN VOLUME 80 OF PI.ATS, PAGES l1- 13, F.C.R. T.P.O.B. = TRUE POINT OF BEGINN|NG P.O.C. = POINTOF COMMENCEMENT WEST ALMY AVENUE s8f43'44'E SOUTH LINE OF LOT @o¡Fo l!o e @ñt F at uJ =u¡:EF ì * Ë YAR'ES Ø ulfz UJ É.f C) Þlo(t) IctN 23.00 TRAG]T N@. 5 v@L.80, PGS. t.[-.[3 OF U [-@T f 2 IND'CATES AREAS TO BE DEDI../.TED 1,7645.F.+, REF.& REV. 2014-119 PWF 11747 P|-AT 3355 CIry OF FRESNO DEP/{RIMFTVI O F PU BUC WO Rl<S pRAl.D. rwwöw RESIIFE _ FJNDNO. 20501g6.pg. 402182 PARCEL TO BE DEDICATED TO THE CITY OF FRESNO ASAN EASEMENTAND RIGHT-OF.WAY FOR PUBLIC STREET PURPOSES DRBY AJ. CH,BY RAW ry4¡ ÌvoÍ8,20t4 564¿¡ NOS64IE SHEETNO, OF I SHEETS 15-A-9089