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HomeMy WebLinkAboutMcDonald, Ruth - Agreement - 3-15-2023POSSESSION AND USE AGREEMENT APN 479-050-04 MLK - Active Transportation Infrastructure Program City Project No.: PW00842 Federal Project No.: CIVIL 5060[360] This Possession and use Agreement (Agreement) is made on March 15, 2023, by and between the City of Fresno, a municipal corporation (City) and Ruth McDonald (Owner), who shall be collectively referred to as the "Parties" for immediate possession and use of real property (Parcels), described herein after for the MLK-Active Transportation Infrastructure Program. RECITALS A. City requires immediate possession and use of a portion of Owner's real property located along South Walnut Avenue, for permanent street and public utility easements. Owner's property is located in the City of Fresno, Fresno County, California, and the portions needed for the MLK — Active Transportation Infrastructure Program (the Project) are legally described in the attached Exhibits "A" and "C" and depicted in the attached Exhibits "B" and "D," each incorporated herein. B. The portions of Owner's property described in Exhibits "A" and "C" are hereinafter referred to in this Agreement as the "Parcels." The Parcels are required for the purpose of constructing the Project. The purpose of this Agreement is to allow the City to proceed with construction of the Project without delay. C. The Parties acknowledge and agree that any delay in the start of construction of the Project is contrary to public interest. It is the intent of City to offer fair -market compensation to Owner for permission to enter the Parcels and to construct the Project, and as consideration for the rights set forth in the paragraph entitled "Possession," below. City has made a firm written offer to pay the total sum of Eight Thousand Seven Hundred Dollars ($8,700) to Owner and any other persons having an interest in the Pbrcels. The Owner has not yet accepted this offer due to a cloud on title and inability to convey clear title of the Parcels. OPERATIVE PROVISIONS In consideration of the sum to be paid to Owner and in consideration of the foregoing recitals and the promises, covenants and any other conditions set forth in this Agreement, the Parties agree as follows: Possession 1. Owner grants to City and its contractors, agents, representatives, employees and all others deemed necessary by City, the irrevocable right to exclusive possession and use of the Parcels, including but not limited to, the right to remove and dispose of any and all improvements within and/or straddling the right of way. In consideration for this irrevocable grant of possession and use, City will tender into escrow the sum of Eight Thousand Seven Hundred Dollars ($8,700). City shall have the right to possess the Parcel and begin construction of the Project on the date the sum is deposited into escrow and this Agreement is fully executed. Just Compensation and Appraisal 2. Owner acknowledges that the sum referenced in paragraph 1 represents the APN 479-050-04 City of Fresno/MLK-ATIP/McDonaid/Possession and Use Agreement 1 full amount of the City -approved appraisal of what City believes is just compensation owed for the acquisition of the Parcels. Should the Parties fail to reach a settlement and it becomes necessary for City to file a condemnation action to acquire the Parcels, the Parties agree the amount deposited into escrow shall not be admissible as evidence of value in such condemnation proceeding. The Parties agree that the deposit and payment under this Agreement shall be equivalent to a deposit and payment under California Code of Civil Procedure section 1255.010 and that the basis for such deposit and payment, including but not limited to any appraisal, shall be governed by Code of Civil Procedure section 1255.060. Accordingly, the Parties agree that the amount deposited or withdrawn under this Agreement may not be given in evidence or referred to in any trial on the issue of compensation and further agree that any appraiser who prepared any report or statement concerning the deposit may not be called to testify at any such trial. Escrow 3. This transaction will be handled through an escrow with First American Title Company. City shall pay all escrow fees incurred in this transaction. Owner shall be entitled to interim disbursement from the sum referred to in paragraph 1, less any amounts payable to any other persons having an interest in the Parcels. Any unearned rents will be prorated in escrow and City shall be credited with any outstanding security deposits. Owner shall not be entitled to receive any proceeds until: a. All holders of liens and encumbrances on the Parcels have received full payment for all principal and interest due to them and have executed a reconveyance of their interests in the Parcels; and b. All other parties having interests in the Parcels have received payment or have consented to a payment to Owner; and c. City has acknowledged in writing that it concurs that all other parties having interests in the Parcels have received full payment or have consented to Owner's withdrawal. d. Owner represents and warrants to City that neither the Parcels nor the property is subject to any lease or tenancy, and there is no party other than Owner who is entitled to any proceeds for the acquisition or damaging of the Parcels. 4. This escrow shall remain open until final settlement, termination of this Agreement, or a Final Order of Condemnation under section 1268.030 of the California Code of Civil Procedure is entered by the court and recorded by City. Any sum disbursed to Owner from this escrow shall be deducted from the ultimate amount received by Owner as a result of any settlement, award, or verdict of just compensation for the Parcel. Effective Date 5. The Effective Date of this Agreement shall be upon its duly authorized execution of this Agreement. From and after the Effective Date, Owner shall not assign, sell, encumber or otherwise transfer all or any portion of their interest in the Parcels, or the property, without first obtaining City's prior written consent. Taxes 6. Owner agrees to submit payment, when due, to the County tax collector for all taxes and special assessments on the Parcels that are due during the period from the date of possession (as set forth in paragraph 1 of this Agreement) to the date title APN 479-050-04 City of Fresno/MLK-ATIP/McDonald/Possession and Use Agreement 2 transfers to the City. Title transfers to the City on the date the Grant Deed or Final Order of Condemnation is recorded in the office of the County recorder. Owner shall not be required to pay taxes or special assessments on the Parcels on or after the date title transfers to the City. After the date title transfers to the City, the City will request that the County tax collector cancel taxes and/or special assessments for the period from the date of possession to the date title transferred to the City. After the tax cancellation request is made by the City, Owner may file a claim with the County tax collector for a refund of any tax overpayment. Notwithstanding any other provision of this Agreement, no cancellation shall be made of all or any portion of any taxes that were due prior to the date of possession but which were unpaid; escrow shall pay in a timely manner all delinquent property taxes due from the sums deposited into escrow. (California Revenue and Taxation Code section 5084.) Eminent Domain Proceedings 7. This Agreement is made with the understanding that City plans to file a complaint in eminent domain to acquire title to the Parcels. Such complaint shall be filed within 90 days of execution of this agreement. 8. If City begins proceedings in eminent domain, it is understood and agreed that this Agreement shall continue in effect until either a settlement is reached or a Final Order of Condemnation under section 1268.030 of the California Code of Civil Procedure is entered by the court and recorded by the City. Waiver Notice Pursuant to Code of Civil Procedure Section 1245.235 9. Section 1245.235 of the California Code of Civil Procedure requires the City to give each person whose property is to be acquired by eminent domain notice and a reasonable opportunity to appear before the City Council and be heard on the matters referred to in section 1240.030 of the Code of Civil Procedure, which provides: The power of eminent domain may be exercised to acquire property for a proposed project only if all of the following are established: a. The public interest and necessity require the project. b. The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. c. The property sought to be acquired is necessary for the project. d. The offer required by section 7267.2 of the Government Code has been made to the Owner or others of record. 10. By granting this irrevocable right to possession and use of the Parcel to City, Owner agrees to the following: a. Owner specifically waives the notice required by Code of Civil Procedure section 1245.235 of the hearing on the matters referred to in Code of Civil Procedure section 1240.030, and Owner shall not object to the adoption of the resolution of necessity by the City authorizing the taking of the property described in Exhibits "A" and "C." b. Owner shall not object to the filing of an eminent domain proceeding to acquire the property described in Exhibits "A" and "C." APN 479-050-04 City of Fresno/MLK-ATIP/MCDonald/Possession and Use Agreement 3 c. In any eminent domain action filed by City to acquire the property described in Exhibits "A" and "C," Owner shall not challenge City's right to acquire such property, and the only issue shall be the amount of just compensation for the property. Refund 11. Owner agrees that in the event the ultimate amount of any settlement, award, or verdict is less than the total of the sums paid to and withdrawn by Owner, the Owner shall refund the difference including interest at the apportionment rate of interest as provided in Code of Civil Procedure section 1268.350 to City. Waiver 12. Owner waives any right to challenge City's right to possess and use the Parcel in any subsequent eminent domain proceedings filed by City. Owner also waives all claims and defenses in its favor in any subsequent eminent domain proceeding, except a claim for greater compensation. Date of Valuation 13. In the event proceedings in eminent domain are begun, the date of valuation for determining the amount of just compensation for the Parcel shall be the date City takes possession of the Parcel. Interest 14. Compensation awarded in an eminent domain proceeding shall draw interest as prescribed by section 1268.350 of the California Code of Civil Procedure. Owner shall be entitled to receive interest on any sum received as compensation for its interest in the Parcel, whether pursuant to this Agreement, a subsequent settlement or court judgment, beginning on the date City takes possession of the Parcel pursuant to this Agreement and ending on the earliest of the dates as provided in Code of Civil Procedure section 1268.320. Hazardous Materials 15. If any hazardous materials or waste (as defined by California Health and Safety Code sections 25100, et. seq., and/or 42 U.S.C. §9601, et. seq.) are present on the Parcel on the date City takes possession of the Parcel, Owner shall indemnify, hold harmless, and defend the City, their 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 1. APN 479-050-04 City of Fresno/MLK-ATIP/McDonald/Possession and Use Agreement 4 Abandonment of Proceeding 16. Under section 1268.510 of the California Code of Civil Procedure, at anytime after the commencement of proceedings in eminent domain, City reserves the right to abandon the proceeding in whole or in part. Authority to Execute and Bind 17. Each of the Parties represents and warrants that each of the persons executing this Agreement has full and complete legal authority to do so and thereby binds the party to this Agreement. Governing Law and Venue 18. 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. Compliance with Laws. 19. 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 Possession and Use Agreement. Successors in Interest 20. This Agreement shall be binding upon and inure to the benefit of the heirs, devisees, executors, administrators, legal representatives, successors and assigns of the Parties. Understanding of Agreement 21. This Agreement has been negotiated in good faith and each party warrants and represents that in executing this Agreement, they are not relying upon any representation, promise, inducement or statement made in negotiation that has not been included in the terms of this Agreement. Fees and Costs 22. Except as otherwise provided in this Agreement, each party shall bear all costs (including expert and appraisal fees) (excluding appraisal fees not to exceed $5,000 pursuant to section 1263.025 of the California Code of Civil Procedure) and attorneys' fees individually incurred in connection with negotiating the matters described in this Agreement. Waiver 23. 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 APN 479-050-04 City of Fresno/MLK-ATIP/McDonald/Possession and Use Agreement 5 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. Atio_rney_s Fees 24. 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. Cumulative Remedies 25. 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. Headings 26. 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. Exhibits and Attachments. 27. 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. Severability 28. In case any part, term, portion or provision of this Agreement is determined to be illegal, invalid or unenforceable, the remaining parts, terms, portions and provisions shall remain valid, enforceable, and in full force and effect. Amendment to Agreement 29. This Agreement may only be amended by written agreement, executed by all Parties. Counterparts 30. 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. Extent of Agreement 31. 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. [Signatures on Following Page] APN 479-050-04 City of Fresno/MLK-ATIP/McDonald/Possession and Use Agreement 6 OWNER Ruth McDonald (� Date: v)�!, n�� Ruth McDonald CITY OF FIRES O, a orni unicipa rporation By: Date: Sc L. Mozier, VA. Public Works Df ector RECOMMENDED FOR APPROVAL: .�-I Nancy Bruno Su ervising Real Estate Agent By: f Colleen Karby Senior Real Estate Agent APPROVED AS TO FORM: ANDREW JANZ City Attorney By: Tracy N. Pa man Supervising eputy City Attorney Date: S/ / 6 % a 3 Date. �/ / c0 /,7-3 Dater / ATTEST: TODD STERMER, CMC City Cier By: �� Date: 3 1c CYd.S �vv,�5-rftl 1&" IN! - uuOUY �J Exhibits: Exhibit A — Legal Description Right of Way Acquisition Exhibit B — Depiction — Right of Way Acquisition Exhibit C — Legal Description Public Utility Easement Exhibit D — Depiction — Public Utility Easement Exhibit E — Waiver Valuation APN 479-050-04 City of Fresno/MLK-ATIP/McDonald/Possession and Use Agreement 7 EXHIBIT "A" LEGAL DESCRIPTION RIGHT-OF-WAY ACQUISITION Public Street Easement APN 479-050-04 (Portion) That portion of that certain Parcel of land granted by Deed recorded January 9, 2002, as Document No. 2002-0003737, 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 0°11'34" East, along the West line of said Parcel, a distance of 216.14 feet to the Northwest corner of said Parcel; thence South 89°44'29" East, along the North line of said Parcel, a distance of 10.00 feet 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 177.83 feet; thence South 44046'16" East, a distance of 11.79 feet; thence North 90°00'00" East, a distance of 4.66 feet; thence South 0015'53" West, a distance of 3.18 feet; thence South 64044'06" East, a distance of 63.48 feet, to a point of intersection thereof with the South line of said Parcel; thence North 89°44'06" West, along the South line of said Parcel, a distance of 80.48 feet to the POINT OF BEGINNING. Containing an area of 3,357 square feet or 0.08 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., L LAND 1:7)`'�" SCOrTS��G L.S. 8663 - s�q OF CAt��� Randell Scott West. PLS 8663 Blair, Church & Flynn 2022-099 15-A-10128 PLAT 3054 EXHIBIT "B„ S89' 44' 29" E 10.00' N.W. PARCEL CORNER - i +'+ NORTH PARCEL LINE 30' 30' +`+ 10, ++ C-4 [+++I N + 0 con q F+� � li F+++I r• Z °' a: �,-, w[+++I APN: 479-050-04 ¢� o o Q o ,�++*� GRANT DEED c� z I— 3 +++ DOC. NO. 2002-0003737 Z `-�+++I O.R.F.C. m 6 Z m I E+++I Q o o f+++I o o I zF+++I cn Q� 0 .+ ui 10' S44 46' 16711 11.79' WEST PARCEL -+++I LINE N90' 00' 00'E 4.66' + +II + + +++++ SO' 15, 53" W 3.18' ++++++++ F+++++++++++++�", E. GROVE AVE. ++++++++++++++++++++++�:. �. � a..r� ..ram.. �... �.�.. POINT OF BEGINNING T 44' 06" E 63.48' 5. W. FAHL;LL LN89' 44' 06' W 80.48' CORNER LEGEN©: - - SECTION LINE OR CENTERLINE — — PROPERTY LINE — — PROPOSED RIGHT-OF-WAY LINE EXISTING RIGHT-OF-WAY LINE O.R.F.C. OFFICIAL RECORDS FRESNO COUNTY r+-- 1. INDICATES AREA TO BE DEDICATED AS PUBLIC STREET RIGHT-OF-WAY, CONTAINING AN AREA OF f 3,357 S.F. ' EF.&RE . CITY OF FRESNO 2022-099 DEPARTMENT OF PUBLIC WORKS 15-A-10128 ! AREA TO BE DEDICATED FOR PUBLIC STREET AND PLAT 3054 PUBLIC UTILITY PURPOSES. SOUTH PARCEL LINE o E. GROVE AVE. PO (30 FEET WIDE) LANO sc No. 8663 9/3/22 DateSigned: •N SCALE: 1" = 40' PROJ. ID. RES TYPE FUND NO ORG. NO. DR. BY _LL SHEET NO. 1 CH. BY RSW OF 1 SHEET: DATE 9/3/22 SCALE 1" = 40' EXHIBIT "C" LEGAL DESCRIPTION APN 479-050-04 Public Utility Easement That portion of that certain Parcel of land granted by Deed, recorded January 9, 2002, as Document No. 2002-003738, of Official Records of Fresno County, lying in the South half 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: at the Northwest corner of said Parcel; thence South 0°11'34" West, along the West line of said Parcel, a distance of 74.80 feet; thence South 89'48'26" East, a distance of 10.00 feet to the POINT OF BEGINNING; thence continuing South 89°48'26" East, a distance of 9.00 feet to a point of intersection thereof with a line which is parallel with and 19.00 feet East of the West line of said Parcel; thence. South 0*11'34" West, along said parallel line, a distance of 11.00 feet; thence North 89°48'26" West, a distance of 9.00 feet to the point of intersection thereof with a line which is parallel with and 10.00 feet East of the West line of said Parcel; thence North 0"11'34" East, along last said parallel line, a distance of 11.00 feet, to the POINT OF BEGINNING. Containing an area of 99 square feet, more or less. The above described easement is graphically depicted on the attached Exhibit "D" 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. _ Date: November 14 2022 Ran -dell Scott West, PLS 8663 Blair, Church & Flynn -Consulting Engineers 2022-165 15-A-10194 LAND 5COTT LS. 8663 OF CA10i 1 N I 30' LEGEND: EXHIBIT "Y' APN: 479-050-05 1 � POINT OF COMMENCEMENT 00 N.W. CORNER OF GRANT DEED 3 WEST LINE OF GRANT DEED er 0 W l L l L2 T T, to + +fit, Zi1 + o 3 + + J io' . - 1 0 30' L4 c/i 7' — - — SECTION LINE PROPERTY LINE - — — — — - PROPOSED EASEMENT - EXISTING RIGHT-OF-WAY LINE O.R.F.C. OFFICIAL RECORDS FRESNO COUNTY +-� INDICATES AREA TO BE GRANTED FOR L- J PUBLIC UTILITY EASEMENT, CONTAINING AN AREA OF ±99 S.F. REF.& REV. 2022-165 15-A-10194 PLAT 3054 CITY OF FRESNO DEPARTMENT OF PUBLIC WORKS AREA TO BE GRANTED FOR PUBLIC UTILITY EASEMENT APN: 479-050-04 GRANT DEED DOC. NO. 2002-003738 O.R.F.C. v ,. .-. r'.0B7Z LINE TABLE Line # Bearing Distance L1 S89' 48' 26'E 10.00 L2 S89' 48' WE 9.00 L3 SO' 11' 34'W 11.00 L4 N89' 48' 26'W 9.00 L5 NO' 11' 34'E 11.00 PROJ. ID, PWO0842 RES TYPE - FUND NO 22048 ORG. NO. 109901 DR. BY RCR FHEET NO CH. BY RSW I _SHEE DATE 10/26/22 SCALE 1"-20' EXHIBIT "E" WAIVER VALUATION Project: City of Fresno — MLK Active Transportation Infrastructure Program Date of Report: 3/13/23 Date of Value: 2/20/23 APN: 479-050-04 Owner: Ruth McDonald Property Address: 2487 S Walnut Avenue, Fresno, CA 93706 Zone: RS5 Present Use: Residential Vacant Land Best Use: Multi Family Residential Total Property Area: 3.272± acres or 142,528 sq. ft. Area (size) of Proposed Project Acquisition Parcel(s): • Public Street Easement:.08± acres or 3,357± sq. ft. ■ Public Utility Easement: 99± sq. ft 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 which widens to accommodate a corner curb ramp at the intersection along the frontage of 2487 S Walnut Avenue, Fresno, CA 93706 on APN # 479-050-04. In total the City seeks to acquire a public street easement of 3,357± sq. ft. along frontage S. Walnut Avenue. In addition, the City also plans to acquire a public utility easement, 99± sq. ft., the size is 1 V± x 9'± and is located approximately 75'± south of the north property line, this is for PG&E for above ground equipment. Description of Property and Rights Valued: The City of Fresno seeks to acquire an easement of 3,357± sq. ft. along the frontage of S. Walnut Avenue. In addition, the City also plans to acquire a public utility easement of an area of 1 V± x 9'± and is located approximately 75'± south of the north property line, this is for PG&E above ground equipment. The proposed area for acquisition is vacant other than one tree which is to be removed as part of construction. Discussion of Comparable Sales or other basis for a determination of value of the area(s) sought for purchase: Sale No. 1 is located at the southeast corner of East Florence Avenue and the South Thorne Avenue alignment in southwest Fresno. This property has an irregular shape and contains 3.70 acres or 161,172 square feet. It sold in March of 2022 for $250,000 which equates to $1.55 per square foot or $67,568 per acre. The property was listed for sale with an asking price of $240,500. It was exposed to the market for 3 days, had 3 offers and sold over asking price. The parcel has a rough level APN: 479-050-04 — McDonald Waiver Valuation (HJA 1-2022) WAIVER VALUATION topography and approximately 253 feet of frontage to Florence Avenue. Water, sewer, gas and electricity are available to the parcel. Concrete curb and gutter off -site improvements are noted along the road frontage. The parcel is zoned RS-3, a residential zoning allowing a minimum parcel size of 9,000 square feet. Sale No. 2 is located at the northeast corner of Church Avenue and Farris Avenue alignment in southwest Fresno. This rectangular shaped parcel contains 9.82 acres or 427,759 square feet. The property had been listed for sale for 731 days between October 2019 and July 2021 for $650,000. It was listed again at $750,000 in July 2021. Exposure at this price was for approximately 206 days. It sold in all cash transaction in June 2022 for $620,000 which equates to $63,136 per acre or $1.45 per square feet. The parcel has approximately 328 feet of frontage to Church Avenue a paved road. It has frontage to Farris Avenue and Florence Avenue alignments on the west side and north side, respectively. Neither of these alignments have paved roads, however, the road area appears to have been dedicated previously. The parcel has water, sewer, gas and electricity available but lacks any off -site improvements such as curb, gutter or sidewalk. Zoning at time of sale was RS-3, a residential zoning allowing a minimum parcel size of 9,000 square feet. Sale No. 3 is located at the southeast corner of Clara and Vine Avenues in southwest Fresno. This parcel contains 3.10 acres or 135,036 square feet. It sold in March 2022 for $140,000 which equates to $1.04 per square foot or $45,161 per acre. The property has a triangular shape and rough level topography. Both Clara and Vine Avenues are in fair to poor condition. There are no off -site improvements. The property was zoned RS-5, a residential zoning allowing a minimum parcel size of 4,000 square feet. The broker indicated the buyer intended to develop the property with a housing tract in 2 to 3 years after purchase. Sale No. 4 is located at 3798 North Polk Avenue in Fresno. This rectangular shaped parcel is interior (mid -block) lot that is 100,188 square feet (2.30 acres). The property was listed for sale at $345,000 over a period of 225 days with a $340,000 offer accepted in February 2022. This indicates a sales price of $3.39 per square foot. Water, sewer, gas and electricity are available to the parcel. It has no offsite improvements along the Polk Avenue frontage. Zoning is RS-1, a single family residential zoning which allows a minimum parcel size of 36,000 square feet. There was a double -wide mobile home on the parcel at time of sale, however, it did not contribute value to the property. Calculation: Permanent Street Easement $2.50 per SF x 3,357± SF $ 8,392.50 Public Utility Easement 99± SF x $2.50 SF x 100 % $ 247.50 Improvements: None Benefits: None Construction Contract Work: Oak Tree will be removed by City Construction Contractor Conclusion of Just Compensation: $8,640.00 ROUNDED: EIGHT THOUSAND SEVEN HUNDRED DOLLARS $8,700.00 APN: 479-050-04 - McDonald Waiver Valuation (HJA 1-2022) L WAIVER VALUATION Date of Inspection: 02/20/23 By: Ramona Gom z, Rig of Way Agent Hamner, Jewell & Associates Attachments: Assessor's Parcel Map Project Right of Way Map Legal Descriptions / Exhibits Subject Photos Comparable Sales Date 3/14/23 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: (2e&¢.4, ?-4�aA,�L Date: 3/14/2023 Colleen Karby Senior Real Estate Agent APN: 479-050-04 — McDonald Waiver Valuation (HJA 1-2022) WAIVER VALUATION Assessors Parcel Map h°'E SUBDIVIDED LAND IN POR. SEC. 16, T.14S., R.20E., N.D.B & M. aR Asu prpa.3 Amy boa A is as PaMslvg *.W as g . r,4 falo9 owMrsAN ArnNvons dW! �A1+'RA1es d�manparACawnfrr �}1 r �4 781 L477k ' • C. 6MMU r g�puc / 1'« Inc Q STATE CENTER COW NITY SEATECMEERCOWUNTY STATE C8VTER COANUMTY COI.LEOEDISTIM COLLEGE LNSTRICT CQUEGEDISTRCT f,1T ,9) T (1 1T 1023AC c 13.03AC 1303Ac a � v SCCCD 'BST 2 16AAC SCCCo 6!T f 6AAc 5 nw Q? 652k INA. m n.. va Fresno Colony -Plat Bk.2, Pg B loaama Tarr Rale Area 479.05 5-132 5439 5.9d1 Moo (d 19 3Q� T ^� wl r Assessors Map Bk.479 - Pg.05 m Cou* of Fresno, Calif 131 A AL 1f1x 4� NY - nil O APN: 479-050-04 — McDonald Waiver Valuation (HJA 1-2022) WAIVER VALUATION Project Right of Way Map NOTE SUBDIVIDED LAND IN POR. SEC. 16, T.14S., R.20E., M.D.B & M. 7Ma meo Aa narMTE-rYD+�rP�zaWY. n u �a ro a mnao-wd ea a�m'�v � a.-.� a. awc,u a wrd w pu.omas Mzampa.anOdiwan br [[// 11 ��la�s1 a E. CHURCH STATE CENTER COMWNRY 5rArEC 2R GpS Mry SiR If L9iT€R L'aL6H!}h>Y COLLEGE DISTRICT - CD[LE6E W5:WSi' COLLEGE am rhi-r 10.Y3Ac. is0� i]fliCc I - • R M Tax Rafe Area 479-05 san 5438 5444 AVE O CaCali Bk. 477 } a - sccc0 41 r Z �� � SDyAIA[quisitlon : APN X 1. 479-050.05, approximately W 2.170 �v 37EAC o $ . F- QSiAz F= 3 ROWAcquis n:APM479 W-", a Q apWaKimetely 1,890 SF. C 32asz vi y v� E GRVYE � Fresno Colony -Piet Bk.Z Pg.8 Assessors Map Bk-479-Pg.05 _ County or Fresno. Calif. raawr6 Abh, Af y}pr9 h' w'�S�w^^+^ O APN: 479-050-04 — McDonald Waiver Valuation (HJA 1-2022) WAIVER VALUATION Legal Descriptions / Exhibits EXHIBIT "A" LEGAL DESCRIPTION RIGHT-OF-WAY ACQUISITION Public Street Easement APN 479-050-04 (Portion) That portion of that certain Parcel of land granted by Deed recorded January 9, 2002, as Document No. 2002-0003737, 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 0"11'34' East, along the West line of said Parcel, a distance of 216.14 feet to the Northwest corner of said Parcel: thence South 89°44'29' East, along the North line of said Parcel, a distance of 10.00 feet 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 177.83 feet; thence South 44`46'16" East, a distance of 11,79 feet: thence North 90°00'00" East, a distance of 4.66 feet; thence South 0`15'53" West, a distance of 3.18 feet; thence South 64°44'06' East. a distance of 63,48 feet, to a point of intersection thereof with the South line of said Parcel; thence North 89'44'06"'Must, along the South line of said Parcel, a distance of 80.48 feet to the POINT OF BEGINNING. Containing an area of 3,357 square feet or 0.08 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 Professiorpl Land Surveyors' Act. RandA'Scnll WP9t, PLS 8663 Blair, Church & Flynn 2022-099 15-A-10128 PLAT 3054 APN: 479-050-04 — McDonald Waiver Valuation (HJA 1-2022) WAIVER VALUATION EXHIBIT "B„ N.W. PARCEL S89' 44' 2V'E 10.00' CORNER - - ' NORTH PARCEL LINE 30' 30' rp. �r o�.•.�r d moo 0) t. 1 Is. ILI ! >1 •) W [. _.�_ APN: 479-050-04 as o 0 Q o + ; ;�: , `� � GRANT DEED z 1 �� ; �f - DOC. NO. 2002-0003737 2 ci �d Z Ci w r I.:I O.R.F.C. o Q • �._, 12 S44' 46' 16" E 11.79' WEST PARCEL-�__ LINE I---- K-J ------ N90' 00' WE 4.66' SO' 15' 5S W 3.18' 564' 44' WE 63.48' E. GROVE AVE. I•:: .:: SOUTH POINT I ' • �l..L. �Ii �fi 4! � � - POINT OF BEGWN/NG I o S.W. PARCEL �891 44, 06'W 80.48, CORNER O.R.F.C. r773 L•:=J REF.& REV. 2022-099 15-A-10128 PLAT 3054 SECTION LINE OR CENTERLINE PROPERTY LINE PROPOSED RIGHT—OF—WAY LINE EXISTING RIGHT—OF—WAY LINE OFFICIAL RECORDS FRESNO COUNTY INDICATES AREA TO BE DEDICATED AS PUBLIC STREET RIGHT—OF—WAY, CONTAINING AN AREA OF t3,357 S.F. CITY OF FRESNO DEPARTMENT OF PUBLIC WORKS AREA TO BE DEDICATED FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES_ PARCEL LINE E. GROVE AVE. (30 FEET WIDE) PROD 10. RES TtlPE FLIND NO. ORc NO- DR- BY LL EiHEET NO. 1 CH. BY RSIV of 1 SHELM DATE ?/�r2"J. 1. - 40. APN: 479-050-04 - McDonald Waiver Valuation (HJA 1-2022) WAIVER VALUATION EXHIBIT "A" LEGAL DESCRIPTION APN 479-050-04 Public Utility Easement That portion of that certain Parcel of land granted by Deed, recorded January 9, 2002: as Document No. 2002-003738, of Official Records of Fresno County, lying in the South half 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: COMMENCING at the Northwest corner of said Parcel; thence South 0"11'34" West, along the West line of said Parcel, a distance of 74.80 feet. - thence South 89'48'26- East, a distance of 10.00 feet to the POINT OF BEGINNING; thence continuing South 89"48'26" East, a distance of 9.00 feet to a point of intersection thereof with a line which is parallel with and 19.00 feet East of the West line of said Parcel; thence South 0°11'34" West, along said parallel line, a distance of 11.00 feet; thence North 89"48'26" West, a distance of 9.00 feet to the point of intersection thereof with a line Which is parallel with and 10.00 feet East of the West line of said Parcel; thence North 0°11'34" East, along last said parallel line, a distance of 11.00 feel, to the POINT OF BEGINNING_ Containing an area of 99 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. Date: Novomber 14 2022 Randall Scott West, PLS 8663 Blair, Church & Flynn Consulting Engineers 2022-165 15-A-10194 APN: 479-050-04 — McDonald Waiver Valuation (HJA 1-2022) WAIVER VALUATION EXHIBIT, "B" I � APN: 479-050-05 - POINT OF COMMENCEMENT N N.W. CORNER OF GRANT n DEED t -''`-- WEST LINE OF GRANT DEED I W iL1T�,^� z —Io'—� t- 1 30' Q La Lo + APN: 479-050-04 GRANT DEED DOC_ NO. 2002-003738 Ui O.R.F_C_ I�� — — SECTION LINE - PROPERTY LINE — — — — — — PROPOSED EASEMENT EXISTING RIGHT—OF—WAY LINE 0_R.F.C- OFFICIAL. RECORDS FRESNO COUNTY *—� INDICATES AREA TO BE GRANTED FOR PUBIJC LMLTTY EASEMENT. CONTAINING AN AREA OF + 99 S.F. REFA REV. CITY OF FRESNO 2022-165 DEPARTMENT OF PUBLIC WORKS AREA TO BE GRANTED FOR 15-A-10194 PLAT 3054 PUBLIC UTILITY EASEMENT LANp s Strn 1 Na 8663 LINE TABLE Line # Bearing Distance L1 S89' 48' 26"E 10.00 L2 S89' 48' 28"E 9.00 L3 SO' 11' 34'W 11.00 L4 N139' 48' 26-W 9.00 L5 NO' 11' WE 11.00 crxi� v.. uM42 Rzs Tvm FUn fJa--22A3L-- ORO 4r'- 1Ci2Z, GR. SHEET NO. r CI+. BY isff o' t SHFETF I GATE i3/26/22 APN: 479-050-04 — McDonald Waiver Valuation (HJA 1-2022) WAIVER VALUATION Photos SUBJECT PHOTOGRAPHS Southwest corner of subject - towards the east.16& _-- - --- y Southwest corner of the subject towards the , northeast. it - i Southwest corner of the subject towards the north_ APN: 479-050-04 — McDonald Waiver Valuation (HJA 1-2022) WAIVER VALUATION Comparable Sales SM :La= Satan 5 ffl WL Prue' Fran' Smm OW lenow 4Rhtfs ReGM11 Sale '� AAJ cam Ree Acres Atae R ?artro Mato Umb 4lee 0119w Oar No. Bu a Rer Wi. 1 McEFtaaoeA+ &SThomeAmdtgma4 321122 $250,963 161.172 $67,666 $166 RS-3 Was44rg4m Yes No W,S,G,E N29M Phi Cxtzr RPAI.7634 rmno. CA 93MG 370 Ur14ed C.G 22-0"54 CWON F n'IV In 9n*nl4.LLC 47T• 16146 .2 NECChuchAseBFa AvaalgmenI M22 $62 = 427,759 $0,136 $1.46 RS3 Wasingm Yw No WAGE &102 Stwu ruy�q RPAI-7635 Retala. CA 93706 9ffi Ur" Nona 22.OM34 Ce Krd Cowl O6velaper4LLC .477-fmtn 3 9ECa46ar$and mnoAvenues 31422 5140.000 135.036 $45,161 $104 RS6 WasMgion Y4a No W.S.G.E X16V A1m000sNwwUnden RPA1-7673 iFreso, CA 93706 3 10 Unfed Nme 22.094545 LyNguym IM- W-M .1 13MNPbkA" 2'17f22 3310A07 MOO 3147.826 $3.39 RS-1 Cer*d Yea No WNS.GE 6-1322 ROUCvrrty RPAI.763I.1 C 93722 23i1 Unlad un 21-117471 Yarna M3 Trustee .Prmno, 511-612-09a APN: 479-050-04 — McDonald Waiver Valuation (HJA 1-2022)