HomeMy WebLinkAboutWazrmerdam, Andy and Margaret - Property P/S - APN 310-190-01 - 2015ÞAfÉ \\_ ro _LÒ \l
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AGREEMENT FOR PURCHASE AND SALE OF A STREET EASEMENT
AND ESCROW INSTRUCTIONS
Belmont Avenue between Trimmer Springs Road & Armstrong Avenue
1090 Armstrong Avenue ApN 310-190-01
City Project Number: WC000S7
ANDY PETER WARMERDAM, A SINGLE MAN, AS TO AN UNDIVIDED 112INTEREST AND ANDY WARMERDAM, AS EXECUTOR Of THE ESTATE OFMARGARET J. WARMERDAM, AKA MARGARET WARMERDAM, Á WIOOW, AS TOAN UNDIVI called the ,,Grantor,,, without regard tonumber or the ClTy OF fRÊSruO, a múnicipátcorporation, e hereinafter described surface waterpipeline eas onditions:
1' The surface water pipeline easement which is the subject of thisAgreement, and which is hereinafter for convenience referred to as the ,,subject
property," being a water line easement within Assessor's Parcel Number 310-1gO-Otwhich is situated in the County of Fresno, State of California, more particularlydescribed as follows:
Exhibits "4" and "B' relative to a permanent surface water pipeline easement,hereto attached and reference made a part of hereof
2. The_ purchase price for the subject property shall be the sum of ONETHOUSAND TWO HUNDRED AND O0/100 D-OLLARS tSf ,200),, irrlcompensation.The City or its agents, contractors or subcontractors shall'be r"quir"ã to saw-cut fortrenching purposes any and all locations adjacent to ApN 310-lgolot lrooo ArmstrongAvenue) that involves asphalt paving.
3. Sellers acknowledge that the Ci
property for public purposes by eminent domai
the time provided by this Agreement, the City r
to acquire such possession or tiile. The partie
payable to Sellers hereunder shall be conclusively deemed to be the total justcompensation payable in such proceedings, and this Agreement may 6e filed with thecourt as stipulation upon which judgment may be entered in the eminent domainproceeding as to the just compensation to be paid to Sellers. Sellers waive all otherdefenses in said pr.oceeding.
4. lt is understood and agreed by and between the parties hereto that the surfacewaterline easement described on Exhibit uA' and depicted on Exhibit ,,8,,, is apermanent easement and right of way for water line purposes.
5. lt is agreed and confirme.d by the City and Selle(s) that, notwithstandingother provisions of this Agreement, .the right of þossession and use of the subjecîproperty by the City, including the right to remove and dispose of improvements within
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the surface water pipeline easement, shall commence on octobe r 31, 2015, or close ofescrow controlling this transaction, whichever occurs fÍrst, and the amount shown ínParagraph 2 above includes, but is not limited to, full payment for such possession anduse , including damages, if any, from said Jate.
6. Seller represents and warrants that it has the authority to make the offerherein made, and that it holds fee tifle to said real property.
7 ' The sale shall be acquired by the City of Fresno which shall handle thetransaction via an internal escrow.
) the sums due direcfly by check.
title insurance, recording fees (if any), and
id by the City.
price shall be in accordance with the termsand conditions of this Agreement.
B. Miscellaneous provisions:
a' Waiver. The waive.r by either party of a breach by the other of anyprovision of this Agreement shall not constitute waiver or a waiver ór any subsequentbreach of either the same or a different provision of this Agreement. No provision of thisAgreement may be waived unless in writing and signed by all parties to this Agreement.Waiver of any one provision herein shall not be ãeemed to
'be
a waiver of any otherprovision herein.
by, and .on,t',"i "no in,T'å åfl'J:i,î:tåi:îx :is,Ïi:üålVenue for purposes of the filing of any action regarding the enforcement orinterpretation of this Agreement any rights ãnd duties hèreunãer shall be in Fresno,California.
c Headinqs. The section headings in this Agreement are forconvenience and reference only and shall not be construed or neJ¿ in any way toexplain, modify or add to the interpretation or meaning of the provisions of thisAgreement.
d. Severabilitv. The provisions of this Agreement are severable.The invalidity, or unenforceability or any one provision in this Alreeñnì shall not affectthe other provisions.
e. lnterpretation. The
its final form is the result of the combine
provision of this Agreement be found to be
not be resolved by construing this Agr
by construing the ierms in ac-cordancef. Attornev's Fees. lf
proceeding or legal action to enforce or inte
Agreement, the prev.ailing party in such proceeding or action shall be entiiled to recoverfrom the other party its reasonable attorney's fees ãnd legal expenses.-
-
ln the event of any conflict betweenthe body of this r Attachment heretä, the terms andconditions of the ontrol and take precedence over theterms and conditions expressed within the Exhibit or Attachment.h. Cumulative Remedjes. No remedy or election hereunder shall bedeemedexclusiveuut@le,becumulativewithallotherremediesat
law or in equity.
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i. . Fxhibits and Attachments. Each Exhibit and Attachmentreferencedhereinisuy@ratedintoandmadeapartofthis
Agreement for all. purposes.
I.
read and fully underst
the entire and integrated agreement be
matter hereof or
either written o m
authorized and ity
, . 9' Time is of the essence of each and every term, condition, and covenantnereol.
10. lt is understood and agreed that as a condition precedent hereto, thisAgreement shall have no force and effect until approved or otherwise authorized by the
ment is to remain open for one hundred and
nd that upon its duly authorized execution
shall become a contract for the purchase
Sellers and City, their heirs, executors,
ssigns.
shall indemnify, hold harmless, and defend
law, regulation, or rule) in, on, or about
indemnity shall include, without limitatio
Environmental Response, Compensation
(CERCLA), or any other federal, state or I
ordinance, or regulation. Costs or losse
consultants, engineering, investigator fees,
fees, and damages. Upon written notice fro
and expense, shall defense of any claims, suit or actionbrought against the ividuar, partneréhip, .orporrtion or otherlegal entity, relating is paragraph. seiler's obrigations underthis indemnity shall survive the close of escrów and the-recording of the trant deed.
SIGNATURE PAGE TO FOLLOW
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SIGNATURE PAGE
This Agreement is executed by the City of Fresno by and through the Assistant public
Works Director or his designee of said City pursuant io authority-granted by the Councilof the City of Fresno on mber 10.2014.
RECOMMENDED FOR APPROVAL
BY:
Senior Real Estate Agent
BY:
CITY OF
BY:
Andrew li, Assistant Director
Depa of Public Works
Date ?Z'/{
Address of City:
City of Fresno
Public Works Department
2600 Fresno Street, Room4O1g
Fresno, CA93721-3623
ATTEST:
Yvonne Spence, CMC
City Clerk
BY:
Date q/zzl t s
SELLERS:
of the Estate
Date
Address of Sellers:
1090 Armstrong Avenue
Fresno, CA 99227
APPROVED AS TO FORM:
Douglas T. Sloan
City Attorney
Date 't ' l{' tr
Andy Wa6erdam, Executb
of Margaret J. Warmerdam,
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Exhibit.,A"
WATERMAIN EASEMENT
APN 3 I 0-r 90-0r (PoRTTON)
ship
BPpn-{NT{G at a point 70.00 feet East of the West line and 30.00 feet North of the Souür lineof the Southeast quarter of said Section 34, said point being the Southeast oomer of the landconveyed to the county of Fresno for public rorq lgh, of ñay p er 2t,1955 inBook 3672,page635 asDocumentNo. 229]3, ofäciai encecontinuing along the Eæterþ boundaryof the land conveyed by thefollowing two courses:
on a line 30.00 feet East of and parallel with
ce
d parallel line;
5'59" East, 64.70 feet to a point on a line
ofsaid Southeast quarter; thenceNorth 89"19'56" West, 5.75 feet along said parallel line to the poINT OF IiEGINNING.
Containing an area of 735.6 square feet, more or less
20t5-052
15-A-9148
F:\2012\12-1 I l\Word Docs\Easements\Legals\ApN 3 I 0-l 90-01 _pUE-LGt.docx
EXHIBIT 'fB''
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CENTER 1/4 æR. OF
sEc. 34 T.IJS., R.2tE
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souTH 1/+ COR. OF
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EASÏ BELMONT AVENUE
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SOUÎJEASI COR. OF
sEc. 34, T.r5S., R.zlE
BASIS OF BEARINGS:
THE I1¡EST UNE OF THE SOUTHEAST
QUARTER OF SECI1ON J4 TO}IT.¡SHIP lJ
SOUTTI RANGE 21 EAST, MOUNT DIABLO
BASE AND MERIDIAN, AS SHOWIV ON 7HE
RECORD OF SURVËY RECORDEÐ
'N
BOOK 49
OF RECORD 0F SUR\¡EYS PAGES 4J-44.
F.C.R. TAKEN TO BE NORTH O'O4'01" EAST.
LEGEND
Ø
F.C.R,
o-R.F.C.
P.0:8.
A
A
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AREA TO BE DEDICATED FOR WATER MA'N
EASEMENT PURPOSES. AREA = 735.0 SO. FT.
FRESNO COUNTY RECORDS
OFFTCIAL RECORDS FRESNO COUNTY
POINT OF BEGINNING
PRE\4OUSLY ACCEPTED FOR PUBUC ROAD PUBPOSES
PEI? FRESNO COUNIY BOARD OF SUPERVISORS
RES0LUToN ENDoRSED 2/07/tet3 AND FTLED tN
VOL 29 OF MISCELLANEOT,|S AT PG. 9, F.C.R.
PRE\4OUSLY GRANIED EÂSEMENT ËOR PUBUC ROAD
PURPoSES PER INSTRUMENT RECoRDED 10/21/1955 IN
BK- J672 ÂT pG. 6Js As Doc. No. tzsz1, o.n.r.c.
PREVIOUSLY GRANTED EASEMENT FOR PUEUC STREET
PURPOSES PER DEED OF EASEMENT RECORDED
12/31/2008 AS DOC. NO. 2OO8-O1774+9, O,R.F.C.
UNE TABLE
UNE BEARING DISTANCE
L1 N68Eo'sg't/u 42.87'
t2 N0"4'0rT 30.27'
LJ s44'5559'E 64.70',
L4 N8919'56"1¡/5.75'
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C]TY OF FRESNO
DPåRIUENT OF PUBUC TDRKS
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KINGS RIVER PIPEUNE PROJECT
EXHIBIT "8"
T,YATER MAIN EASEMENT
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