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HomeMy WebLinkAboutGarcia Home Rental - Agreement - 2-15-2023AGREEMENT FOR PURCHASE AND SALE OF A PERMANENT STREET EASEMENT AND ESCROW INSTRUCTIONS APN 479-050-05 - MLK - Active Transportation Infrastructure Project City Project No.: PWO0842 Federal Project No.: CML 5060(360) This Agreement for a Permanent Street Easement (Agreement) is entered into by and between Garcia Home Rentals, LLC, a limited liability company (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 Street Easement to facilitate the Fresno and Browning Intersection Improvement project (Project), situated in the City of Fresno, County of Fresno, State of California, being approximately 2,1617L square feet in size, within Assessor's Parcel Number 479-050-05, 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 THOUSAND EIGHT HUNDRED AND NO/100 DOLLARS ($5,800.00) 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 THOUSAND EIGHT HUNDRED DOLLARS ($5,800.00) 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. APN: 479-050-05 City of Fresno/MLK ATIP/Garcia Home Rentals/Agreement 1 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. APN: 479-050-05 City of Fresno/MLK ATIP/Garcia Home Rentals/Agreement 2 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. 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. 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. InteEpretation. 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. 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. 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 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. APN: 479-050-05 City of Fresno/MLK ATIP/Garcia Home Rentals/Agreement 3 CITY OF FRESNO, A California municipal Garcia Home Rentals, LLC Cott L. Dozier, PE, ate /Martin J Garcia Date Public W rks Director Title: Owner RECOMMENDED FOR APPROVAL: By: �4 c r7 c�3 Colleen Karby Date Senior Real Estate Ag Nancy B o Date Supervising Real Estate Agent L� By: Scutt Tyler Public Works anager APPROVED AS TO FORM: ANDREW JANZ City Attorney B ,'� l•�Y'��/�!. /lam .. Deputy Attachments: 1. Exhibit "A" 2. Exhibit `B" 3. Exhibit "C" ATTEST: TODD STERMER, CMC City Clerk i By: Z3y Date /4.� utcl �' �Qlt/f r� APN: 479-050-05 City of Fresno/MLK ATIP/Garcia Home Rentals/Agreement 4 EXHIBIT "A" LEGAL DESCRIPTION RIGHT-OF-WAY ACQUISITION Public Street Easement APN 479-050-05 (Portion) That portion of that certain Parcel of land granted by Deed recorded October 26, 2017, as Document No. 2017-0139548, Official Records of Fresno County, lying in the Northwest Quarter of the Southwest Quarter of Section 16, Township 14 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 Parcel; thence North 0011'34" East, along the West line of said Parcel, a distance of 216.14 feet to the Northwest corner of said Parcel; thence South 89°44'52" East, along the North line of said Parcel, a distance of 10.00 feet to a point of intersection thereof with a line which is parallel with and 10.00 feet East of said West line; thence South 0*11'34" West, along said parallel line, a distance of 216.14 feet to a point of intersection thereof with the South line of said Parcel; thence North 89°44'29" West, along said South line, a distance of 10.00 feet to the POINT OF BEGINNING. Containing an area of 2,161 square feet or 0.05 acres, 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. Randell Scott West, PLS 8663 Blair, Church & Flynn 2022-098 15-A-10127 PLAT 3054 4l- LAND S �C- SCOF z S. 8663 r` tet-QF�� N.W. PARCEL 1 CORNER EXHI B I T T APN: 479-050-06 GRANT DEED S89' 44' 52" E DOC. NO. 2014-0087357 ! j /-10.00, O.R.F.C. ' "�: i WEST PARCEL LINE a o- �_ C6 J W 04VA N Q LL_ ll F:•: 0 , w I i Z� �N 30' 30' POINT OF BEGINNING S.W. PARCEL CORNER LEGEND: l L NORTH PARCEL LINE APN: 479-050-05 GRANT DEED DOC. NO. 2017-0139548 O.R.F.C. - SOUTH PARCEL LINE LN89' 44' 29"W f 10.00, APN: 479-050-04 GRANT DEED DOC. NO. 2002-0003737 O.R.F.C. — — SECTION LINE OR CENTERLINE - - PROPERTY LINE — -- — — PROPOSED RIGHT—OF—WAY LINE - EXISTING RIGHT—OF—WAY LINE O.R.F.C. OFFICIAL RECORDS FRESNO COUNTY I•••+�--•, INDICATES AREA TO BE DEDICATED AS L. PUBLIC STREET RIGHT—OF—WAY, CONTAINING AN AREA OF t2,161 S.F. 9 3 22 DateSigned; N SCALE: 1" = 50' REF.& REV. CITY O F F R E S N O PROD. I RES TYPE FUND NO 2022-098 DEPARTMENT OF PUBLIC WORKS ORG. NO. DR. 8Y LL SHEET NO. 1 15-A-10127 AREA TO BE DEDICATED FOR PUBLIC STREET AND CH. BY RSW OF 1 SHEETS PLAT 3054 PUBLIC UTILITY PURPOSES. DATE 9�a�aa SCALF 1" = 50' EXHIBIT C (10 PAGES) WAIVER VALUATION _ Project: City of Fresno — MLK Active Transportation Infrastructure Program Date of Report: 12/6/22 Date of Value: 10/27/22 APN: 479-050-05 Owner: Garcia Home Rentals, LLC Property Address: 2475 S. Walnut Avenue, Fresno, CA 93706 (Mailbox) Additional Addresses: 2477 S. Walnut Avenue, Fresno, CA 93706 (No Mailbox) 2479 S. Walnut Avenue, Fresno, CA 93706 (Mailbox) Zone: RS5 Present Use: Multi -Family Residential Best Use: Current Use Total Property Area: 3.272 acres or 142,528 sq. ft. Area (size) of Proposed Permanent Street Easement: 2,161± sq. ft. or 0.05± acres Waiver Valuation Analysis Project Description: The City of Fresno is planning a project to construct a curb, gutter, and a sidewalk in conjunction with other road improvements. The City plans to acquire a 10' wide street easement along the frontage of 2475 S Walnut Avenue, 2477 S Walnut Avenue, and 2479 S Walnut Avenue, Fresno, CA 93706 on APN # 479-050-05. The City of Fresno seeks to acquire an easement of 2,161± sq. ft. along S. Walnut Avenue, along the frontage road of the subject property. Description of Property and Rights Valued: The City of Fresno seeks to acquire an easement of 2,161± sq. ft. along the frontage of S. Walnut Avenue. The land use of the subject property is Duplex, 2 units, any combination and its current use is multi -family residential with 3 separate residential units with 3 addresses on one APN. The project will have no impact on the multi -family residences or the fencing located on the property. Land improvements affected by the project are two mailboxes to be moved behind the sidewalk improvement. In the proposed acquired area, there are two trees to be removed. Discussion of Comparable Sales or other basis for a determination of value of the area(s) sought for purchase: Sale No. 1 This property is located at N. Marks Avenue in the City of Fresno, Fresno County and APN # is 424-501-26. The zoning is Residential Multi -Family 1 (RM1), it is a lot with an irregular shape. This property was sold on 7/29/21 for $215,000, $1.03 sq. ft. The lot size is 4.8 acres or 209,300 sq. ft., 3.5 acres is usable, build to suit. This property was on the market for 264 days before selling. The landmarks near the parcel is Lions Park and Herndon Canal. Sale No. 2 The property is located at N. Sycamore Avenue in the City of Kerman, Fresno County. The APN # 016-40-037 and is zoned Residential Vacant Land. The property last sold on 10/21/22 for $195,000, $2.46 sq. ft., the lot size is 1.82 acres or 79,279 sq. ft. The property was on the market for APN: 479-050-05 (Garcia) Waiver Valuation (HJA 1-2022) WAIVER VALUATION 8 days before selling. The land improvement is a sizable building pad. Sale No. 3 The property is located at E Florence Ave. in the City of Fresno, Fresno County. The APN # is 477-161-16 and is zoned Multi Family Residential (RS3), land uses are multi -family residential, residential vacant land. The property size is 3.1 acres or 135,036 sq. ft. The property was on the market for 3 days before selling. The sold price was $140,000, $1.04 sq. ft. Sale No. 4 The property is located at Lot 95, APN # is 479-040-26 in the City of Fresno, Fresno County. The zoning is RS5, land uses are multi -family residential, residential vacant land. The property sold for $140,000, $1.04 sq. ft. The lot size is 3.1 acres or 135,036 sq. ft. The property is situated in a residential neighborhood. The location is on S. Clara Ave. and E. Vine Ave. The property was on the market for 54 days before selling. The property backs up to the Fresno Colony Canal. Sale No. 5 The property is located at Mattingly St. in the City of Madera, Madera County. The APN # is 031-273-010 and zoned R1, land use is residential vacant land. The property size is 3 acres or 130,680 sq. ft., it last sold on 6/30/22 for $153,000, $1.17 sq. ft. The property was on the market for 17 days before selling. The lot is an irregular shape. It is located South of Harper Blvd. and on the west side of Mattingly St., next to a new 2 story home. Analysis Finding The comparable sales most relevant are Sale No. 1, located at N. Marks Avenue, Fresno, because it is similar in square footage. Also, Sale No. 4, in Fresno, because it is zoned RS5 like the subject property. Fair market value was calculated by taking into consideration Sale No. 2 located at N. Sycamore Avenue, Kerman at $2.46 per sq. ft. Calculation: Permanent Street Easement Improvements: $2.46 SF x 2,161 SF x 100% Damage/Cost to Cure Items: Relocate 2 Mailboxes 2 x $250 Benefits: Construction Contract Work: Tree will be removed by City Construction Contractor $5,316.06 None $ 500 None Conclusion of Just Compensation: $5, 816.06 ROUNDED: FIVE THOUSAND EIGHT HUNDRED DOLLARS $5,800.00 APN: 479-050-05 (Garcia) Waiver Valuation (HJA 1-2022) WAIVER VALUATION Date of Inspection: 10/27/2022 By: Date 12/7/2022 JT Katavich, Right of Way Agent Hamner, Jewell & Associates Attachments: Assessor's Parcel Map Project Right of Way Map Legal Descriptions / Exhibits Subject Photos Comparable Sales This summary of the basis of the just compensation determination on this parcel is presented in compliance with federal and state guidelines. City of Fresno This Valuation has been reviewed and approved as just compensation by the undersigned Agency. This property is Approved for Acquisition: By: Name: Title: Date: 12/7/2022 APN: 479-050-05 (Garcia) Waiver Valuation (HJA 1-2022) WAIVER VALUATION .r,OrE. T1W m-P a hAax�tl,2rx p,rywe]WY aar. nWmi W.P—Avw uxiersfaA cr NiWonsdL'u�o hrNrpruues cf ]crrm9 w vt6vmon 4iM s E. CHURCH Assessor Parcel Map SUBDIVIDED LAND IN POR. SEC. 16, T.14S., R.20E., M.D B & M. n � war«. ar. ar• SrA TE CENTER COUMUMTY STATE CENTER COMMUrY STATE CENTER COMMUNITYCOLfEGEDISTRICT COLLEGED.STR)CT COILEGEOISTRMT rT i9; T If,T TO 33Ac 13 e3Ac 13 M b K - M SCCCD 8J • 1ew.. 6 $ SCOCO I T 1 aiAc 5 3isss d a57Ac 31. ti 67 Fresno Cobny - Plat Bk Z Pg.8 1ovmle APN: 479-050-05 (Garcia) Tax RI NO A& 479-05 5 3P 54a 5d1A 1 1Nlrnry' AVE. g , w• O f� M {U: ' a K = C9 3 2' Y 0: W ti Cod 2 D; E GROVE ^� FVE �vbl Assessors Map Bk 479 - Pg 05 Cou*of Fresno, Calif aH.w��ar.. T+.• �mv�nvM Waiver Valuation (HJA 1-2022) WAIVER VALUATION Project Right of Way Map SUBDIVIDED LAND IN POR. SEC. 16, T. 14S., R. 20E., M. D.B & M. TN! m!y u bAsseumadplyam! oM'. nrsrarroa ootim,.eeuadW:w— avrwlshrp a OiNmoM d4nrorpurp!s d rarilp 0/luC3naVn 11W. WW $ E. CHURCH - d 1� STATE CENTERCO%4UUW s7YrE CErlTER COr►WjnrrY $TAre C�ilER COu/AVhlN COILFGE 0$rrryCT COLLEGE CkgyTRJgr-� �DI,RSGL DfSTArCr ' ra 23Ac `a r —.zo= t'jru1 being 0-024.. i M.icaled by r:unlrrruniry college for off site y ImPTuverrients w Dee& have not boun recorded gal { sccco e.r r.e+,4c RAW Acquisition : APN a sccco N /79�0=. approximately , 2,1705F. � K 3 I ldNc Ca 6 STJ ROW Acgalsitlen !APN 479-05C� y ! app mAmataty 1,990 SF . 6� Fresno Cobny - Plat Bk.2, Pg.8 Tax Rate Area 479-05 5432 5-438 SA44 1 HMO' AVE. D. f�_vE roe Assessor's Map Bk.479 - Pg.05 County Of From, Celd.. hW. - A ,-we! fire M..e Q Shorn m m euENq— As $ 04rc 1As1e.n Shown C r APN: 479-050-05 (Garcia) Waiver Valuation (HJA 1-2022) WAIVER VALUATION Legal Descriptions / Exhibits EXHIBIT "A" LEGAL DESCRIPTION RIGHT-OF-WAY ACQUISITION Public Street Easement APN 479-050-05 (Portion) That portion ofthat certain Parcel of land granted by Deed tecorded October 26, 2017, as Docurnent No. 2017.0139548, Official Records of Fresno County. lying in the Northwest Quarter of the Southwest Quarter of Section 16, Township 14 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 particularty described as follows: BEGINNING at the Southwest comer of said Parcel; thence North 0°11'34" East, along the West line of said Parcel, a distance of 216 14 feet to the Northwest comer of said Parcel; thence South 89'44'52" East, along the North line of said Parcel, a distance of 10 00 feel to a point of rnlersecbon thereof with a line which is parallel with and 10 00 feel East of said West line; thence South 011'34* West, along said parallel line, a distance of 216.14 feet to a point of intersection thereof with the South line of said Parcel; thence North 89'44'29" West, along said South line, a distance of 10.00 feet to the POINT OF BEGINNING. Containing an area of 2.161 square feet or 0.05 acres, 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. LAI l D : SB tember 3 2022, c Randetl Scott West, PLS 8663 a LS Ow x Blair, Church & Flynn * r. f�OF CAL0 2022-098 15-A-10127 PLAT 3054 APN: 479-050-05 (Garcia) Waiver Valuation (HJA 1-2022) WAIVER VALUATION EXHIBIT `B" APN: 479-050-06 N.W. PARCEL CORNER S89' 44' GRANT DEED 52"E DOC. NO. 2014-0087357 10.00' O.R.F.C. I WEST PARCEL - LINE + PARCEL LINE NORTH ao � -:t zti APN: 479—ON-05 uj" Mk': M GRANT DEED DOC. NO. 2017-0139548 I O.R.F.C. z 30' 30. :r j II G.I —4 • r6' SOUTH PARCEL LINE I POINT OF BEGINNING VN89- S.W. PARCEL ' 44' 29"W CORNER 10.00, APN: 479-050-04 GRANT DEED DOC. NO. 2002-0003737 ORFC s ,ErID., - - — SECTION LINE OR CENTERLINE IA#0 S — • - — PROPERTY LINE PROPOSED RIGHT—OF—WAY LINE 4�►a �� SCDT F �`�n 4 — EXISTING RIGHT—OF—WAY LINE No. M ~ w N O.R.F.C. OFFICIAL RECORDS FRESNO COUNTY r-, INDICATES AREA TO BE DEDICATED AS S 1 PUBLIC STREET RIGNT—OF—WAY, ....1 CONTAINING AN AREA OF t2,161 S.F. REF.& REV. 2022-098 15-A-10127 PLAT 3054 L'l jGalJe ]�yncd ;C+.te 1' - W CITY OF FRESNO FIND NO FUND TYPE — DEPARTMENT OF PUBLIC WORKS Oza NO DR gy LL SHMI NO AREA TO BE DEDICATED FOR PUBLIC STREET AND CH.er WAN OF 1 St PUBLIC UTILITY PURPOSES. DATE 913/22 9cft.e 1- - 50' APN: 479-050-05 (Garcia) Waiver Valuation (HJA 1-2022) WAIVER VALUATION Subject Photos APN: 479-050-05 (Garcia) Waiver Valuation (HJA 1-2022) m I T I M- .i .1 WAIVER VALUATION Comparable Sales Project MLK-ATI P Owner Garcia Site Address 24758 S Walnut Ave 142,545 zoning Rs5 Fresno, CA 93706 2,161 Easement area Date 11/2/2022 Prepared By RG Sale No. 1 Sale No. 2 Sale No. 3 Sale No. 4 Sale No. 5 Location N Marks Ave N Sycamore Ave E Florence Ave Mattingly St Nearest City Fresno Kerman Fresno Fresno Madera APN 424-501-26 016-40-037 477-161-16 479-040-26 031-273-010 Zoning RM 1 Res Vac Land RS3 RS5 Res Vac Land Sale Date 7/29/2021 10/21 /2022 3/29/2022 3/16/2022 6/30/2022 Sale Price $215,000 $195,000 $250 000 $140,000 $153,000 Land Area - SF 209,300 79,279 161,172 134,720 130,680 IPricelSF $1.03 $2.46 $1.55 $1.04 $1.17 APN: 479-050-05 (Garcia) Waiver Valuation (HJA 1-2022)