HomeMy WebLinkAboutBratty, Drusilla E. Trustee of the Bypass Trust Agreement For A Temporary Construction Easement 1-13-23 DocuSign Envelope ID:491311 EE4-E719-4FD5-820B-32899DF089E5
AGREEMENT FOR A TEMPORARY CONSTRUCTION EASEMENT
APN 425-041-45
SHAW-CEDAR BUS STOP UPGRADES PROJECT
City Project No.: FC00019 Federal Project No.: N/A
This Agreement for a Temporary Construction Easement (Agreement) is entered into
by and between DRUSILLA E. BRATTY, TRUSTEE OF THE BYPASS TRUST
CREATED UNDER THE ROBERT T. BRATTY AND DRUSILLA E. BRATTY TRUST
DATED DECEMBER 29, 2010 (Owner), without regard to number or gender, and the
CITY OF FRESNO, a municipal corporation (City) for the use of real property on the
following terms and conditions.
1. The real property which is the subject of this Agreement, hereinafter "Subject
Property", is a Temporary Construction Easement to facilitate the Shaw-Cedar
Bus Stop Upgrades Project (Project), situated in the City of Fresno, County of
Fresno, State of California, being approximately 250 square feet in size, within
Assessor's Parcel Number 425-041-45 as depicted on Exhibit "A", attached
hereto and incorporated herein by reference.
2. Owner hereby grants the City a Temporary Construction Easement, (Easement)
on over and through the Subject Property, including the right for the City, its
agents, employees, authorized contractors and subcontractors and their
employees to enter upon and pass and repass over and along the Subject
Property, and to deposit, store and use tools, implements and materials thereon
whenever and wherever necessary for the purpose of performing construction on
the Project. Said easement imposes an obligation upon the City to leave owner's
property in like condition as found, or better.
3. City shall pay just compensation of THREE THOUSAND AND NO/100
DOLLARS ($3,000.00) for the Easement on, over and through the Subject
Property.
4. The Term of this Agreement shall be one year from the Effective date (defined
below) of this Agreement, or upon completion of construction, whichever occurs
first.
5. The Effective date of this Agreement shall be upon its duly authorized execution
by the City and the payment of THREE THOUSAND AND NO/100 DOLLARS
($3,000.00)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. City agrees not to unreasonably restrict property owner's personal or business
use of the Subject Property, including ingress or egress to the Subject Property
when performing construction on the Project within said Easement. City further
agrees to assume responsibility for any loss of or damage to any property or
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injury to or death of any person whomsoever, if proximately caused by the
performance of any work authorized under this Agreement.
9. 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. Severabilit . 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.
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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.
[SIGNATURE PAGE TO FOLLOW]
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IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, on the Effective date of this Agreement as defined above.
CITY OF FRESNO, Drusilla E. Bratty, Trustee of the Bypass
A C�Iffqfja4MVnicipal corporation Trust created under the Robert T. Bratty
1/13/2023 and Drusilla E. Bratty Trust dated
By: w w Q b- December 29, 2010.
Scott L. Mozier, PE, Date 7 01-13-2023
Public Works Director
Drusilla E. Bratty Date
City of Fresno
Public Works Department
Attention: Real Estate
Supervising Real Estate Agent
2600 Fresno Street, Room 4065
Fresno, CA 93721
RECOMMENDED FOR APPROVAL:
Do r.uSrgned by:
By: C-A&V, 1/13/2023
ATTEST:
Colleen Karby Date Todd Stermer, CMC
&,[3g;al Estate Agent City Clerk
By. 1/13/2023 By.
Nancy Bruno Date Deputy Date
Supervising Real Estate Agent
APPROVED AS TO FORM:
ANDREW JANZ
city and by:
pa4tkL 15k&" 1/13/2023
By.
Deputy Date
Attachments.
1. Exhibit A
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EXHIBIT "A "
i
I
EAST SHAW AVENUE
SECTION LINE S 8905646"E
The North a Corner of Section
17, T13S, R20E, M.D.B.&M.
60.00'
N
W
U10.00'F++++++++
N + 1"=30'
+ + + +
V. f
� o
25.00'
0
w 42.00'
� z
LL J
o CAN 425-041-45
U DRUSILLA E. BRATTY, TRUSTEE OF l
v� THE BYPASS TRUST CREATED
O UNDER THE ROBERT T. BRATTY
AND DRUSILLA E. BRATTY TRUST
DATED DECEMBER 29, 2010
o 010®0D ofi'020000 A
olq'?A0991Z NA MD.
fl�449 ��o fI09 poGVlo�
Lie
g o
+ + INDICATES TEMPORARY CONSTRUCTION EASEMENT FOR PUBLIC
++++ STREET RIGHT OF WAY, CONTAINING AN AREA OF 250.00 S.F.±.
NOTE:
Opc,��
DATA BASED ON PARCEL MAP No. 1844,IN BOOK 10 OF PARCEL
MAPS,AT PAGE 35, FRESNO COUNTY RECORDS.
i
REF.&REV. CITY O F F R E S N O PROD.ID,
FC00019 RES TYPE
FUND NO 43587
2023-001 DEPARTMENT OF PUBLIC WORKS ORG.NO. 459901
DR.BY D-E.H. SHEET NO. 1
15-A-10234 AREA TO BE DEDICATED FOR A TEMPORARY CH.9Y D•A OF 1 SHEETS
PLAT 1753 CONSTRUCTION EASEMENT DATE DAN.10,2022
SCALE 1'=30'