HomeMy WebLinkAboutPrado, Emundo & Luz - Purchase & Sale of Easement - 11-16-2022AGREEMENT FOR PURCHASE AND SALE OF A PERMANENT STREET
EASEMENT AND ESCROW INSTRUCTIONS
APN 452-103-08
SIDEWALK (JOHN MUIR) PROJECT
City Project No.: PWO0893
This Agreement for a Permanent Street Easement (Agreement) is entered into by and
between Edmundo Prado Jr. and Luz M. Prado, husband and wife, and Gerardo Prado,
an unmarried man, (Owner), without regard to number or gender, and the CITY OF
FRESNO, a municipal corporation (City) for a permanent street easement and right-of-
way for public street purposes on the following terms and conditions.
1. The real property which is the subject of this Agreement, hereinafter "Subject
Property", is a Permanent Easement to facilitate the Sidewalk (JOHN MUIR)
Project (Project), situated in the City of Fresno, County of Fresno, State of
California, being approximately 50 square feet in size, within Assessor's Parcel
Number 452-103-08, as described on Exhibit "A" and depicted on Exhibit "B",
attached hereto and incorporated herein by reference.
2. Owner agrees to grant to the City a permanent street easement and right of way,
(Easement) for public street purposes over, under, though, and across the
Subject Property, free and clear of all liens, encumbrances, and restrictions of
record.
3. City shall pay just compensation of FIVE HUNDRED AND NO/100 DOLLARS
($500.00) for the Easement, including cost to cure damages, benefits and/or
severance damages to the remainder, if any, as indicated on Exhibit "C",
attached hereto and incorporated herein by reference, for the Subject Property.
4. 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 replaced in order to proceed with the construction of the
project. If Owner does not replace said 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 road project, and/or plug
the irrigation line(s) at Owner's property line. 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 and that the
cost for said work shall be billed to and paid for by Owner.
5. The Effective date of this Agreement shall be upon its duly authorized execution
by the City and the payment of FIVE HUNDRED AND NO/100 DOLLARS
($500.00) just compensation to the Owner.
6. 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. 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. The transaction of the sale shall be processed by the City through an internal
escrow at 2600 Fresno Street, Fresno, CA 93721. The contact is Colleen Karby
at 559-621-8697.
a. The City shall pay the Owner the sums due 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. The 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 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 under 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 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. 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, 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 Owner for a loss on the adjacent property.
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10. 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. Governina 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. 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. 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.
e. 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.
f. Attorne '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.
g. 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.
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.
j. 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
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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.
[SIGNATURE PAGE TO FOLLOW]
IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, on the Effective date of this Agreement as defined above.
4
CITY OF FRESNO, Edmundo Prado, Jr. and Luz M. Prado,
A California municipal corporation husband and wife as joint tenants as to an
undivided'/2 interest and Gerardo Prado, a
single man as to an undivided 1/2 interest
By: I��O� • ?.Z
Scott L. NfXier, PE, Date
Public W rks Director 12-
�y:
Edmundo Prado, Jr. Date
RECOMMENDED FOR APPROVAL:
By.
Colleen Karby Date
Senior Real Estate Agent
By: �? 97.
S ott Tyler bate
Public Works Manager
APPROVED AS TO FORM:
RINA M. GONZALES
Interim City Attorney
By: 9wwq Am, vo'�
Deputy Date
aD
Title:
W"AmQi,
Ni�es1ado Date
Lwrtrl�
(Mrardo Prado bate
ATTEST:
TODD STERMER, CMC, MMC
City Clerk
By:
Deputy Date
Attachments:
1. Exhibit "A"
2. Exhibit "B"
3. Exhibit "C"
EXHIBIT "A"
LEGAL DESCRIPTION
STREET EASEMENT
APN 452-103-08 (Portion)
That portion of Lot 13 in Block 2 of that map titled "Map of Echo Tract", recorded in Book 8 at
Page 25 of Plats, Fresno County Records, lying in the West half of Southwest quarter of Section
33, Township 13 South, Range 20 East, Mount Diablo Base and Meridian, according to the
Official Plat thereof, in the City of Fresno, County of Fresno, State of California, more
particularly described as follows:
BEGINNING at the Southwest corner of said Lot 13, said point being on the East Right -of -Way
line of North Wilson Ave, 60 feet wide, as shown on said Map;
thence North 0'23'19" East, along said East line, a distance of 25.00 feet to the Northwest
corner of said Lot 13;
thence North 89°58'55" East, along North line of said Lot 13, a distance of 2.00 feet to a point of
intersection thereof with a line which is parallel with and 2.00 feet East of said East Right -of -
Way line;
thence South 0023'19" West, along said parallel line, a distance of 25.00 feet to a point of
intersection thereof with the North Right -of -Way line of East Elizabeth Street, 30 feet wide, as
shown on said Map;
thence South 89°58'55" West, along said North Right -of -Way line, a distance of 2.00 feet to the
POINT OF BEGINNING
Containing an area of 50 square feet, more or less.
The above described easement is graphically depicted on the attached Exhibit "B" and made a
part of this description by reference thereto.
END DESCRIPTION
This legal description was prepared by me, or under my direction, in accordance with the
Professional Land Surveyors' Act.
LAND
a
Date: November 16 2022 J LS. 8663
Randell Scott West, PLS
Blair, Church & Flynn ��TF F~�
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EXHIBI T ►,B
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g LO C K 2
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LINE OF -
N.W. CORNER
OF LOT 13
I+:++•++� LOT 13
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APN: 452-103-08
+#++
GRANT DEED
DOC. NO. 2004-0116048
2--+.
O.R.F.C.
EAST LINE OF
�'�+
BLOCK
LOTS 1 BLOCK 2
NORTH WILSON AVE.
+++`+I
BOOK 8, PAGE 25 OF
, PA
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PLATS
COUNTY
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FRESNO
RECORDS
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NORTH LINE OF
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EAST ELIZABETH AVE.
++
�2 Ss 55„W
00'
EAST ELIZABETH ST.
POINT OF
BEGINNING
(30 FEET WIDE)
S.W. CORNER
OF LOT 13
LEGEND:
REFA REV.
2022-
15-A-
PLAT
PROPOSED STREET EASEMENT
LOT LINE
EXISTING RIGHT-OF-WAY LINE
OFFICIAL RECORDS FRESNO COUNTY
INDICATES AREA TO BE DEDICATED AS
PUBLIC STREET EASEMENT, CONTAINING AN
AREA OF ±50 S.F.
CITY OF FRESNO
DEPARTMENT OF PUBLIC WORKS
AREA TO BE DEDICATED FOR PUBLIC STREET AND
PUBLIC UTILITY PURPOSES.
/1-l(o-Z2
Date Signed.
SCALE: 1" = 5'
PROJ. ID. RES TYPE
FUND NO
ORG NO.
DR. BY LJ SHEET NO. 1
CH. BY AG OF 1 SHEETS
DATE 11/16/22
SCALP 1 = 5
CITY OF FRESNO CONFIDENTIAL
VALUATION SUMMARY This document contains personal information and
STATEMENT pursuant to Civil Code 1798.21, it shall be kept
EXHIBIT C confidential in order to protect against unauthorized
isclosure.
Page 1 of 2
Project Descri tion
Parcel No.
Federal Aid Project No.
�9/30�/22�
.John Muir Sidewalk Project
452-103-08
N/A
Owner: Edmundo Prado, Jr. and Luz M. Prado, Date Acquired: More than 5 years
husband and wife as joint tenants as to an
undivided '/z interest and Gerardo Prado,
a single man as to an undivided 1/2 interest
Property 950 N. Wilson Ave Property to be acquired: Street Easement
Address: Fresno, California 93728 Part: X All _
Including Access Rights: Yes: No: X
Total Property
Acquisition Area: +/- 50 square feet easement
BASIS OF VALUATION
The market value for the property to be acquired by the City is based upon an appraisal prepared in
accordance with accepted appraisal principles and procedures.
Code of Civil Procedure Section 163.320 defines Fair Market Value as follows:
a) The fair market value of the property taken is the highest price on the date of valuation
that would be agreed to between a seller, being willing to sell but under no particular or
urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing, and
able to buy but under no particular necessity for so doing, each dealing with the other
with full knowledge of all the uses and purposes for which the property is reasonably
adaptable and available.
b) The fair market value of property taken for which there is no relevant, comparable market
is its value on the date of valuation as determined by any method of appraisal that is just
and equitable.
Recent sales of comparable properties and income data are utilized as appropriate. Full
consideration is given to zoning, development potential and the income the property is capable of
producing.
9/29/2022 1 EXH 8-EX-15A
PRAISAL SUMMARY STATEMENT 1Page 2 of 2
PERMANENT EASEMENT
APN 452-103-08
September 30, 2022
Land- (Right of Way) 50 SF X 2.50/SF ($5.00/sf fee value x 50%) _ $125.00
(Easement Value) — Nominal
City of Fresno considers nominal a minimum payment of $500.00
Total Value of Part Taken $125.00
ROUNDED Nominal Value $500.00
BASIS OF VALUATION
BASIC PROPERTY DATA:
Interest valued: Partial acquisition
Date of valuation: September 21, 2022
Applicable zoning: R1
Area to be acquired: +/- 50 square feet
Highest and best use: Current use
Current use: SFR
9/29/2022 2 EXH 8-EX-15A