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HomeMy WebLinkAboutDe Dios Iniguez, Juan (Trustee) Agreement for Purchase & Sale of a Permanent St Easement & Temporary Construction Easement Escrow Instructions -2-1-24 'r AGREEMENT FOR PURCHASE AND SALE OF A PERMANENT STREET EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT AND ESCROW INSTRUCTIONS APN 510-120-12 Polk Avenue Widening Project City Project No.: PWO0796 Federal Project No.: 22508 This Agreement for a Permanent Street Easement and an associated Temporary Construction Easement ("Agreement") is entered into by and between JUAN DE DIOS INIGUEZ, AS TRUSEE OF THE JUAN DE DIOS INIGUEZ REVOCABLE LIVING TRUST AGREEMENT DATED OCTOBER 27, 2016 ( "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, and associated temporary construction rights, on the following terms and conditions. 1. The real property which is the subject of this Agreement(hereinafter"Subject Property"), includes a Permanent Street Easement and an associated Temporary Construction Easement to facilitate the Polk Avenue Widening Project ("Project"), situated in the City of Fresno, County of Fresno, State of California. The Permanent Street Easement is approximately 2,500.12 square feet in size, as described on Exhibit "A" and depicted on Exhibit `B," and the Temporary Construction Easement is approximately 172.31 square feet in size, as described in Exhibit"C" and depicted in Exhibit"D," each attached hereto and incorporated herein by reference. 2. Owner agrees to grant to City a permanent street easement and right of way for public street purposes over, under, though, and across that portion of the Subject Property described in Exhibit "A" ("Permanent Street Easement"), free and clear of all liens, encumbrances, and restrictions of record. City shall pay just compensation of THIRTEEN THOUSAND FIVE HUNDRED ONE DOLLARS ($13,501.00) for the permanent easement as described on Exhibit"E." 3. Owner hereby grants City a Temporary Construction Easement ("TCE") on, over, through, along and across that portion of the Subject Property described in Exhibit "C," including the right for City, its agents, employees, authorized contractors and subcontractors and their employees to enter upon and pass and repass over and along the TCE, 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 City to leave Owner's property in like condition as found, or better. The term of this TCE shall be three years from the Effective date (defined below) of this Agreement, or upon completion of construction, whichever occurs first. In any event, the term of this Agreement shall terminate on or before August 31, 2026. City shall pay just compensation of TWO HUNDRED SEVENTY-NINE DOLLARS ($279.00) for the TCE as described on Exhibit"E". 4. City shall pay the total, mutually agreed upon just compensation of TWENTY-SIX THOUSAND FIVE HUNDRED DOLLARS ($26,500.00) for the Permanent Street Easement and Temporary Construction Easement, including a negotiated settlement City of fresno/Polk/Iniguez/Agreement(APN 510-120-12) 1 amount in the amount of SIX THOUSAND THREE HUNDRED DOLLARS ($6,300.00), improvements, cost to cure damages, benefits and/or severance damages to the remainder, if any, as described on Exhibit "E", attached hereto, and incorporated herein by reference, for the Subject Property. 5. Clause 4 above may include payment for the replacement of improvements such as fencing and/or irrigation facilities that are within the Permanent Street Easement areas and must be removed 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 or other animals during construction of the road project, and/or plug the irrigation line(s) at Owner's property line. Owner hereby agrees to allow 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. 6. The Effective date of this Agreement shall be November 1, 2023, conditioned upon the duly authorized execution of this Agreement by City and the payment of TWENTY-SIX THOUSAND FIVE HUNDRED DOLLARS ($26,500.00) as mutually agreed upon just compensation to the Owner. 7. Owner represents and warrants that it holds fee title to the Subject Property and has the authority to enter into the Agreement herein made. 8. Owner agrees to hold City harmless and reimburse 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. 9. The sale shall be completed through an External Escrow to be opened at First American Title Company at 211 East Caldwell Avenue, Visalia, California 93277. Ann Kay shall be the escrow agent. Said escrow shall be opened upon the following terms and conditions, and the Owner and City by their signature to this Agreement make this paragraph their escrow instructions: a. The City shall deposit the sums specified in Paragraph 4 of this Agreement and the closing costs in escrow upon receipt of a demand and statement from said title company. b. Payment of said sums, less Owner's cost to clear title, if any, may be made to Owner only when escrow holder possesses and is in a position to deliver to the City fully executed and acknowledged and recorded easement deed(s) 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 Subject Property interest(s) 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 4, 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 specified in Paragraph 4. City of Fresno/Polk/Iniguez/Agreement(APN 510-120-12) 2 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. 10. 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. 11. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this Agreement, the right of possession and use of the Subject Property by the City, including the right to remove and dispose of improvements, shall commence on the date the amount of funds as specified in Paragraph 3 herein are deposited into the escrow controlling this transaction. The amount shown in Paragraph 3 herein includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date. 12. 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. Compliance with Laws. 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 City of Fresno/Polk/Iniguez/Agreement(APN 510-120-12) 3 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 Agreement. d. HeadipZs. 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. e. 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. f. 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. g. Attornep'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. h. 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. i. 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. j. 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. k. 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] City of Fresno/Polk/lniguezMgreement(APN 510-120-12) 4 OWNER JUAN DE DIOS INIGUEZ, AS TRUSEE OF THE JUAN DE DIOS INIGUEZ REVOCABLE LIVING TRUST AGREEMENT DATED OCTOBER 27, 2016 By: V1 2 Date: /'an De Dios Iniguez, Trustee CITY OF FRESNO a California municipal corporation By: Date: Randall W. Morrison, PE Capital Projects Director RECOMMENDED FOR APPROVAL: B 4akn`cykBrun �� 0Date: f 0 Supervising Real Estate Agent APPROVED AS TO FORM: ANDREW JANZ City Atta By; - Date:S,✓�b Deputy ATTEST: TODD STERMER, CMC City Clerk By: _ Date: Deputy Attachments: Exhibit"A"Legal Description of Permanent Street Easement Exhibit"B"Plat Map Showing Permanent Street Easement Exhibit"C"Legal Description of Temporary Construction Easement Exhibit"D"Plat Mat Showing Temporary Construction Easement Exhibit"E"Appraisal Summary Statement City of Fresno/Polk/Iniguez/Agreement(APN 510-120-12) 5 EXHIBIT "A" APN: 510-120-12 (portion) Polk Widening - Shaw and Gettysburg That portion of the Northeast quarter of the Northeast quarter of the Northwest quarter of Section 15, Township 13 South, Range 19 East, Mount Diablo Base and Meridian, in the City of Fresno, County of Fresno, State of California, more particularly described as follows: COMMENCING at the North quarter corner of said Section 15; thence South 0°09'15" West, on the East line of the Northwest quarter of said Section 15, a distance of 542.53 feet to the North line of the South 118.75 feet of the Northeast quarter of the Northeast quarter of the Northwest quarter of said Section 15, as shown sharing the South line of Lot 11 in the map of Graham Tract, according to the map thereof recorded on 08/01/1947 in Volume 13 of Plats at Page 70, Fresno County Records; thence South 89059'53"West, leaving said East line on said North line, a distance of 20.00 feet to the TRUE POINT OF BEGINNING; thence South 89059'53" Wert, continuing on said North line, a distance of 33.80 feet to the beginning of a non-tangent curve, concave easterly, having a radius of 1550.00 feet and to which point a radial line bears South 84043'06" East; thence southerly, leaving said North line on said curve, through a central angle of 02°32'52", an arc length of 68.92 feet to the North line of the South 50.00 feet of the Northeast quarter of the Northeast quarter of the Northwest quarter of said Section 15, and at which point a radial bears South 87015'58" East; thence North 89059'53" East, on last said North line, a distance of 38.43 feet to the West line of the East 20.00 feet of the Northeast quarter of the Northeast quarter of the Northwest quarter of said Section 15; thence North 0'09'15" East, on last said West line, a distance of 68.75 feet to the TRUE POINT OF BEGINNING. Containing an area of 2,500.12 square feet, more or less '�VkpA.LAND s Q co NO.8636 C)F 2022-144 15-A-10173 PLAT1744 PWO0796 EXHIBIT "B„ _WEST__SH_A_W__AVENUE___ I _ 4 NORTH QUARTER CORNER OF SECTION J I 1 15, T. 13 S.,R. 19 E.,M.D.B.&M.,FRESNO I BRASS CAP MONUMENT IN WELL,BEING I THE POINT OF COMMENCEMENT 1-4 E NO. 8636 I I OF I R7 S 89°5953"W 33. p' L2 North Line of the South 118.75 feet of the NE ' ' ' ' ' ' ' ' TRUE POINT OF I of the NE'-of the NW'- of Section 15 +*'*++'+'+'♦'+ + + i + a + # +'♦ BEGINNING I ♦ • + ♦ a ++++`r ♦ * + +++++ + a + ♦'+ + a ♦ + r++ l/N L/lAV/lL�a /urlJ # r + + + r + ! + T + + • ♦ e �I •4 ♦ • f + T • • • # f a T f + + f a f 4 ON 43 ©fi'g�D(3 &^^wry/ Ofil # + + + r r : ♦ + r++ + + r + ++♦ ♦:++ + a # + ♦ r + + r r ♦ ♦ ♦ + + ♦ • ; + 4 i ♦ + a 4 + 4 4 + T ♦ # + + + + + + # ♦ ^ i co ICJ A 'f'f`+ ♦ + • + • • a + ♦ + + f + ♦ + r ♦ + [D W 1 �I + f T + + + f + + f f { + 4 r f 4 + + a a II I nl ♦ + f + 4 + + + ♦. { a a r f { + a f T f f `•.�I N APN 510-120-12 �"' `r`r+♦# ` •+.++�,+# +; + { + +,a + W Z JUANDeDIOSIN/GUEZ + r + + + + + + • + + • " " " ' LINE TABLE : 'a' '''''r' ' ' ' ' ' ' + + + o 4'+ ♦ + + ! + + f ♦ r T ! + + + + LINE BEARING DISTANCE ' ' ''' ` ' `♦'•' ' ` ' ''' ' ` ' ' ' ` ' a �'� • • • { + + r T ♦ ♦ • + 4 + ♦ ♦ • + • 4 a 4 f + { + + ♦ # 4 + 4 i + f f T ♦ f Z O L1S00'09'15"W 542.53' + ' ' ' ` ' ' ' ' ` ` ' LU L2 S89'59'53"W 20.00' i'-'•'-'•`•`+`•'•'+`•`+'}#+'+`+`+`#`•`++•+•`• Z I + ♦ + + + # # + + + + ++ + + + + +a } a ♦ • + ♦ ♦ f + + + + + a RADIAL TABLE " " " " " " " ' { " " ' RADIAL DIRECTION ' + ' ' ' ' ' ' + ♦++{�++ ♦ + + + + + ' • • + R1 S84'43'06"E +'.`♦ # }+♦ + + + + + + + ++f + T +........ ♦ R2 S87'1558E .♦ + + + ''' +'' • " " " " " " 'r r + a T r r + + r + r i + + + + s ♦ I } ♦ + + a + + + + + + ♦ T + ♦ ♦ ♦ ++r++♦+ North Line of the South 50.00 feet of the NE a N 89°59'53"E 38.43' of the NE 4 of the NW a of Section 15 l I I I l I I INDICATES TO BE ACQUIRED PUBLIC STREET RIGHT OF WAY, CONTAINING AN AREA OF 2500.12 S.F.t. REF-&REV. CITY O F F R E S N O PROD.I RES TYPE FUND NOO 24053 24053 2022-144 DEPARTMENT OF PUBLIC WORKS ORG,NO. �8a90s DR.BY J,E}i SHEET NO. 15-A-10173 POLK WIDENING - SHAW TO GETTYSBURG JAC OF SHEETS AREA TO BE DEDICATED FOR PUBLIC STREET AND CH.BY PLAT 1744 DATE --OCT-25-2022 PUBLIC UTILITY PURPOSES. SCALE j=15' EXHIBIT"C" APN: 510-120-12 (portion) Polk Widening -Shaw to Gettysburg That portion of the Northeast quarter of the Northeast quarter of the Northwest quarter of Section 15, Township 13 South, Range 19 East, Mount Diablo Base and Meridian, in the City of Fresno, County of Fresno, State of California, more particularly described as follows: COMMENCING at the North quarter comer of said Section 15; thence South 0009'15" West, on the East line of the Northwest quarter of said Section 15, a distance of 542.53 feet to the North line of the South 118.75 feet of the Northeast quarter of the Northeast quarter of the Northwest quarter of said Section 15, as shown sharing the South line of Lot 11 in the map of Graham Tract, according to the map thereof recorded on 08/01/1947 in Volume 13 of Plats at Page 70, Fresno County Records;thence South 89°59'53"West, leaving said East line on said North line, a distance of 53.80 feet to the TRUE POINT OF BEGINNING; thence South 89°59'53" West, continuing on said North line, a distance of 2.51 feet to the beginning of a non-tangent curve, concave easterly, having a radius of 1552.50 feet and to which point a radial line bears South 84043'37" East; thence southerly, leaving said North line on said curve, through a central angle of 02°32'37", an arc length of 68.92 feet to the North line of the South 50.00 feet of the Northeast quarter of the Northeast quarter of the Northwest quarter of said Section 15, and at which point a radial bears South 87016'14" East; thence North 89°59'53" East, on last said North line, a distance of 2.50 feet to the beginning of a non-tangent curve, concave easterly, having a radius of 1550.00 feet and a radial bearing of South 87°15'58" East; thence northerly, leaving last said North line on said curve, through a central angle of 02°32'52", an arc length of 68.92 feet to at which point a radial bears South 84043'06" East, and to the TRUE POINT OF BEGINNING. Containing an area of 172.31 square feet, more or less co Q Q NO. 8636 2022-145 15-A-10174 PLAT1744 PW00796 EXHIBIT "D„ WEST SH_A_WAVENUE ^^ NORTH QUARTER CORNER OF SECTION- 1 1^ 15, T. 13 S.,R. 19 E..M.D.B.6 M..FRESNO I yo S BRASS CAP MONUMENT IN WELL,BEING I O� LE �r� THE POINT OF COMMENCEMENT I co i r I 636 i OF I I /0-z7-20t-'7� I I L2 TRUE POINT OF I BEGINNING R2 S 89°59'53"YV 53.80' �I North Line of the South 11&75 feet of the NE; R1 of the NE 1 of the NW i of Section 15 I I I I I I I APN 510-120- f 12 �W I Z • I ;yI y JUAN De DIOS INIGUEZ r I 11 ICE N RADIAL TABLE _ $ -i tu RADIAL DIRECTION �' Q. i R1 S84'43'06"E ; ry x R2 S84'43'37"E q h N �w .- ral R3 I S87'16'14"E •: Z i R4 I S87'15'58"E I t LINE TABLE LINE BEARING DISTANCE L1 S00'09'15"W 542.53' 2]VA FT Lqogg ®ff mL��; ap L2 S89'59'53"W 2.51' ms Q� L3 N89'59'53"E 2.50' i I R3 North Line of the South 50.00 feet of the NE 7 L3 R4 I of the NE a of the NW a of Section 15 I I I I I i i INDICATES TEMPORARY CONSTRUCTION EASEMENT FOR PUBLIC STREET RIGHT OF WAY,CONTAINING AN AREA OF 172.31 S.F,t REF.&F W--V. CITY OF FRESNO PROJ.ID. PW007w RES TYPE FUND NO. 24053 2022-145 DEPARTMENT OF PUBLIC WORKS ORG.NO. 789901 15,A-10174 POLK WIDENING -SHAW TO GETTYSBURG CH.BY_ J.E.H. SHM NO. CH.BY J.A.C. OF T SHMS PLAT 17" AREA TO BE DEDICATED FOR PUBLIC STREET AND DA-M OCT.25,2022 PUBLIC UTILITY PURPOSES. SCAUE 1•-15' EXHIBIT E Page 1 of 9 AP#510-120-12 APPRAISAL SUMMARY STATEMENT BASIC DATA PROJECT: City of Fresno—Polk Avenue Widening Project ASSESSOR'S PARCEL NO. (AP#): 510-120-12 OWNER: Juan De Dios Iniguez, as Trustee of the Juan De Dios Iniguez Rev. Living Trust, Oct. 27, 2016 PROPERTY LOCATION: 4909 N. Polk Avenue, Fresno, CA 93722 APPLICABLE ZONING: General Commercial (CG) CURRENT USE OF SUBJECT PROPERTY: Single Family Residential HIGHEST AND BEST USE OF SUBJECT Commercial (as currently vacant); Single Family PROPERTY: Residential (as currently improved) DATE OF VALUATION: October 18, 2022 TOTAL PROPERTY AREA: 35,719 sq. ft., or 0.82 acres PROPERTY TO BE ACQUIRED: ALL [ ] PART [X ] Permanent Easement: 2,500.12 sq. ft. Temporary Construction Easement: 172.31 sq. ft. IMPROVEMENTS TO BE ACQUIRED: Fencing, concrete edging, concrete driveway strips, shrub, Humilis palm BASIS OF APPRAISAL The market value for the property to be acquired is based upon an appraisal done by a certified and state- licensed appraiser,which was prepared in accordance with accepted appraisal principles and procedures. Recent sales of comparable properties, income data, and depreciated replacement costs are utilized as appropriate. Full consideration is given to zoning,development potential,and the income that the subject property is capable of producing. There are three approaches to value: 1. The Market Approach for the subject property is based on the consideration of comparable sales which sold within a reasonable time prior to the date of valuation, at a range of$3.85 to $9.57 per square foot. The principal transactions used as comparable sales relied upon as the basis for supporting the determination of value are attached to this Appraisal Summary Statement. 2. The Cost Approach is based in part on a replacement cost new of improvements, less depreciation. This approach was not utilized in this analysis since no structural improvements will be affected. 3. The Income Approach is based upon consideration of the income producing potential of the property. This approach was not utilized in this valuation process as it was deemed inapplicable to this specific case. EXHIBIT E to Agreement Page 1 of 9 Page 2 of 9 _ AP#510-120-12 VALUATION Easement: 2500.12 sq. ft. @$5.40 per sq. ft. $13,501.00 Temporary Construction Easement: 172.31 sq. ft. @ $5.40 per sq. ft. x 10%x 3 years 279.00 Total Land Value: $13,780.00 Improvements: 4 Ft high chain link fencing with top rail $1,686.00 3 Ft wide, 4 Ft high rolling chain link gate $ 371.00 18 Ft wide, 4 Ft high rolling chain link gate $1,240.00 4"wide concrete edging $ 67.00 2 Ft wide concrete driveway strips $ 926.00 Medium shrub $ 195.00 Humilis palm $ 775.00 Total Improvement Value: $ 5,260.00 Severance Dama es/Cost to Cure: Mailbox relocation $ 250.00 4 Ft high chain link fencing with top rail $ 316.00 3 Ft wide, 4 Ft high rolling chain link gate $ 124.00 18 Ft wide, 4 Ft high rolling chain link gate $ 415.00 Benefits: None $ 0.00 Total Net Damages/Benefits: $ 1,105.00 $20,145.00 Total Just Compensation for this Acquisition: Rounded $20,200.00 TWENTY THOUSAND TWO HUNDRED DOLLARS ($20,200.00) This summary of the basis of the amount offered as just compensation is presented in compliance with federal and state law and has been derived from a formal appraisal prepared by a certified and state a state-licensed rear estate appraiser, which includes supporting sales data and other documentation. The appraisal is hereby confirmed approved and accepted by this agency and a purchase offer based thereon is hereby approved and authorized. City of Fresno Approved for Purchase Offer and Acquisition: By: 5U41t& Date: 05/19/2023 Nam Nancy Bruno Title: Supervising Real Estate Agent Att: Comparable Sale List Legal description and plats of acquisition area(s) Enc: Deed(s) EXHIBIT E to Agreement Page 2 of 9 Page 3 of 9 AP#510-120-12 SUMMARY STATEMENT RELATING TO PURCHASE OF REAL PROPERTY OR AN INTEREST THEREIN Project: City of Fresno—Polk Avenue Widening Project AP#: 510-120-12 (Iniguez) The City of Fresno is proposing the Polk Avenue Widening Project. Your property, located at 4909 N. Polk Avenue, Fresno, CA 93722, is within the project area and identified by your County Assessor as Parcel Number 510-120-12. Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and the California Relocation Assistance and Real Property Acquisition Guidelines requires that each owner from whom the City purchases real property or an interest therein or each tenant owning improvements on said property be provided with a summary of the appraisal of the real property or interest therein, as well as the following information: 1. You are entitled to receive full payment prior to vacating the real property being purchased unless you have heretofore waived such entitlement. You are not required to pay recording fees,transfer taxes, or the pro rata portion of real property taxes which are allocable to any period subsequent to the passage of title or possession. 2. The City will offer to purchase any remnant(s)considered by the City to be an uneconomic unit(s) which is/(are) owned by you or, if applicable, occupied by you as a tenant and which is/(are) contiguous to the land being conveyed. 3. All buildings, structures, and other improvements affixed to the land described in the referenced document(s)covering this transaction and owned by the grantor(s)herein or, if applicable,owned by you as a tenant, are being conveyed unless other disposition of these improvements has been made. The interests being acquired include 2500.12 square feet in permanent easement; and 172.31 square feet in temporary construction easement. Each is described in the enclosed Deed(s). 4. The market value of the property being purchased is based upon a market value appraisal which is summarized on the attached Appraisal Valuation Summary Statement and such amount: a. Represents the full amount of the appraisal of just compensation for the property to be purchased; b. Is not less than the approved appraisal of the fair market value of the property as improved; C. Disregards any decrease or increase in the fair market value of the real property to be acquired prior to the date of valuation caused by the public improvement for which the property is being acquired or by the likelihood that the property would be acquired for such public improvement, other than that due to physical deterioration within the reasonable control of the owner or occupant; and d. Does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits which the owner is entitled to receive under an agreement with the City. 5. Pursuant to Code of Civil Procedure Section 1263.025,should you elect to obtain an independent appraisal,the City will pay for the actual reasonable costs of such an appraisal up to a maximum of$5,000 subject to the following conditions: EXHIBIT E to Agreement Page 3 of 9 Pa e 4 of 9 AP#510-120-12 a. You, not the City, must order the appraisal. Should you enter into a contract with the selected appraiser,the City will not be a party to your contract with an appraiser. b. The selected appraiser must be licensed with the California Office of Real Estate Appraisers (OREA). It is also recommended that such appraiser be experienced and qualified in the appraisal of easements if this offer is to purchase easements rather than the fee interest in your property. c. Within 30 days of your receipt of this offer, you must notify the City of your intent to obtain an independent appraisal. d. Appraisal cost reimbursement requests must be made in writing, and submitted to the City within 30 days of your receipt of the independent appraisal and no later than 120 days of your receipt of this offer. Copies of the contract (if a contract was made), appraisal report, and invoice for completed work by the appraiser must be provided to the City concurrent with submission of the appraisal cost reimbursement request. The appraisal costs must be reasonable and justifiable. 6. No person in the United States of America shall, on the grounds of race, color, national origin, sex, age, or disability be excluded from the participation in, be denied the benefits of, or be otherwise subjected to discrimination under any City programs or activities. If federal funding is being utilized in the project for which your property is being sought,notice is hereby provided that it is the policy of the City to assure full compliance with Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987, and related statutes and regulations, in all programs and activities undertaken by the City. Any person who believes they have been subjected to unlawful discriminatory practice under Title VI has a right to file a formal complaint with the City. 7. The owner of a business conducted on a property to be acquired, or conducted on the remaining property which will be affected by the purchase of the required property, may be entitled to compensation for the loss of goodwill. Entitlement is contingent upon the business owners' ability to prove such loss in accordance with the provisions of Sections 1263.510 and 1263.520 of the Code of Civil Procedure. 8. If you ultimately elect to reject this offer for the purchase of your property, you are entitled to have the amount of compensation determined by a court of law in accordance with the laws of the State of California. City of Fresno/Polk Avenue Widening/IniguezNaluation Summary Statement EXHIBIT E to Agreement Page 4 of 9 Page 5 of 9 AP#510-120-12 Comparable Sales Analysis Land Sales Say ILp1i 011 Seim SaMS Sq.FL P"W Prw PMnnW Sow CRY SplleMed5C,WC, Racowo Satyr ,4 FI fahFe 1 .o705 N.Bryan Ave. 121121 S14Q000 14.WC$416,842 59.57 RS5 Medum Cervical Yea Yes tr29121 John Greg Odv*kVMlMICO RPA1-7628 IFrestO,CA 173723 031 Dervs4y Urit'iad 21-14707 Nashrlir d Nrmat 5arrtiha It 2 '5373&5MW Farmool Ave. W19121 $130, 18,200 $371,143 $7.14 RSS Medum Central Yes Yes 9d2021 Joanne Prkkel,Trustee RPA1-76V IFresno,CA 93722 0A2 Density Udfred 21.151Q61 Ra.4tk Rapid Se*w-V>;Mt '510.24041&12 ReYdenaal .1 :5227 W.Maim Ave 4114122 5105,000 I%M $236,250 $5.42 RS-5 Medum Centel Yes Yes S,W,GE 9,= Henry&May Lou Sales WA1-7628 Fresno,CA 93722 0.44 Density UrifMd Obne 22-It*31 Cal In CA,LLC ! XI 0-0ds I Res lMial .1 INS Ashlan Ave.0 Dante Ave Ah0•-Brent 2I9Q2 S17A000 42.12 S18QW $4,15 RSS Medum Cenllal Yes Yes S,W,GE 211022 Ralph R.Vasgrez RPAI-7629 IFresro,CA 93722 0.97 Dena4y Urrfrad None 22-10477 GNA Builders,inc. 51 -44 Revlf-64 5 3492N Bytre 611/22 $165,000 42, $167,530 $185 AL-20 Medum Central No Yes E &W2 Joanne Priclrea,Trustee IRPAI-76M Fresno,CA 93722 0.98 Density Unfred None 22-76513 Reliable Rapid Services Inc 511-250-Qd R'++4a"fd EXHIBIT E to Agreement Page 5 of 9 Page 6 of 9 AP#510-120-12 EXHIBIT"A" APN: 510-120-12(portion) Palk Widening-Shaw and Gettysburg That portion of the Northeast quarter of the Northeast quarter of the Northwest quarter of Section 15, Township 13 South, Range 19 East, Mount Diablo Base and Meridian, in the City of Fresno, County of Fresno, State of California, more particularly described as follows: COMMENCING at the North quarter comer of said Section 15; thence South 0"09'15" West, on the East line of the Northwest quarter of said Section 15„ a distance of 542.53 feet to the North line of the South 118.75 feet of the Northeast quarter of the Northeast quarter of the Northwest quarter of said Section 15, as shown sharing the South line of Lot 11 in the map of Graham Tract, according to the map thereof recorded on 08/0111947 in Volume 13 of Plats at Page 70, Fresno County Records;thence South 89'59'53'West, leaving said East line on said North line,a distance of 20.00 feet to the TRUE POINT OF BEGINNING; thence South 89059'53"West, oontinuing on said North line, a distance of 33.80 feet to the beginning of a non-tangent curve, concave easterly, having a radius of 1550.00 feet and to which point a radial line bears South 84043'06" East; thence southerly, leaving said North line on said curve, through a central angle of 02032'52", an arc length of 68.92 feet to the North line of the South 50.00 feet of the Northeast quarter of the Northeast quarter of the Northwest quarter of said Section 15,and at which point a radial bears South 87015'58" East; thence North 89059'53" East, on last said North line, a distance of 38.43 feet to the West line of the East 20.00 feet of the Northeast quarter of the Northeast quarter of the Northwest quarter of said Section 15; thence North 0*09'15" East,on last said West line,a distance of 68.75 feet to the TRUE POINT OF BEGINNING. Containing an area of 2,500.12 square feet, more or less No.em kOF . /o-Z?-?��L 2022-144 15-A-10173 PLAT1744 PWW796 EXHIBIT E to Agreement Page 6 of 9 Page 7 of 9 AP #510-120-12 EXHIBIT "B" _______WEST SHAW AVENUE NORTH OUARTER CORNER DF SECTION 15,T. f 3 S.,R.13 E-,M-D.B &M.,FRESNO I BRASS CAP MONUMENT IN WELL,BEING THE POINT OF COMMEMCEMENr i qt• tp I N0.8636 I { I I I /0-27--za aZ. _ — Rf 5 99'55'"3"me 34L L2_ North Line of tha South 118 75 fact of the NE+ TRUE POINT OF I of the NE i of the NW a of Section 15 BEGINNING l t�l_W27 LWLICfV �='- iS�flli`r �JI U�� `�t 3z1�: 1,7 wl N r APN 510-120-12 ti w�I JUAN De D(OS INIGUEZ i � O 6 . . a I LINE TABLE z wl LINE BEARING DISTANCE CL ' =1s L1 SW09'15 W 542.53' ti�zi L2 S89-59'53"W 20.00' O tuj RADIAL TABLE RADIAL DIRECTION I R1 S84'43'06"E R2 S8T15'S8"E R2 { NoRh Lure of the South 50 00 feat of the NE; N&3'55'S3'E J8.R3 I of the NE I of the WNJ of Sccfban 15 F 1 I I I I I 1 l INDICATES TO BE ACGORED PUBLIC STREET RIGHT OF WAY, CONTAINING AN AREA OF 25M.12 ST t REF-&REV. 10 CITY OF FRESIVD PKOJ .naVq �9 rVPE �suvoNo., LL01 2022-144 DEPART161ENT OF PUBLIC WORKS ORG,No. +14901_ H E 9FffEr 1r0- 1 15-A-10173 POLK WIDENING-SHAW TO GETTYSBURG Dkov- J— ' 0-8Y } aK�rrs J AC. _ PLAT 1744 AREA TO BE DEDICATED FOR PUBLIC STREET AND ocr.�,m_zz PUBLIC UTILITY PURPOSES. s to •+s EXHIBIT E to Agreement Page 7 of 9 Page 8 of 9 AP#510-120-12 EXHIBIT"A" APN: 510-120-12(portion) Polk Widening-Shaw to Gettysburg That portion of the Northeast quarter of the Northeast quarter of the Northwest quarter of Section 15, Township 13 South, Range 19 East, Mount Diablo Base and Meridian, in the City of Fresno, County of Fresno, State of California, more particularly described as follows: COMMENCING at the North quarter comer of said Section 15; thence South 0°09'15" West, on the East line of the Northwest quarter of said Section 15, a distance of 542.53 feet to the North line of the South 118.75 feet of the Northeast quarter of the Northeast quarter of the Northwest quarter of said Section 15, as shown sharing the South line of Lot 11 in the map of Graham Tract,according to the map thereof recorded on 08/01/1947 in Volume 13 of Plats at Page 70, Fresno County Records;thence South 89°59'53"West, leaving said East line on said North line, a distance of 53.80 feet to the TRUE POINT OF BEGINNING;thence South 89°59'53"West, continuing on said North line, a distance of 2.51 feet to the beginning of a non-tangent curve, concave easterly, having a radius of 1552.50 feet and to which point a radial line bears South 84043'37" East; thence southerly, leaving said North line on said curve,through a central angle of 02032'37", an arc length of 68.92 feet to the North line of the South 50.00 feet of the Northeast quarter of the Northeast quarter of the Northwest quarter of said Section 15,and at which point a radial bears South 87"16'14"East; thence North 89°59'53" East, on last said North line, a distance of 2.50 feet to the beginning of a non-tangent curve, concave easterly, having a radius of 1550.00 feet and a radial bearing of South 87'15'58" East; thence northerly, leaving last said North line on said curve, through a central angle of 02032'52", an arc length of 68.92 feet to at which point a radial bears South 84043'06" East, and to the TRUE POINT OF BEGINNING. Containing an area of 172.31 square feet, more or less NO 6636 2022-145 15-A-10174 PLAT 1744 PVM796 EXHIBIT E to Agreement Page 8 of 9 Pa Lie 9 of 9 AP#510-120-12 EXHIBIT "B" WEST_----SHAW AVENUE _ f---`---- Nt7Rim*uAnriwCORNEROFSECrIONA- �., t5,T.73 5.,R-19 E.M.D.R$L4,FRESNO I �G 4 BRASS.CAP MONUMENT W Wf'L,SONG I THE POINT OF COMfENCEMENI 173 u —I { I It Ile L2 r'%,uE POINT OF BEGINN1fJ0 I R7 is 89,59153"W 53.80, North L,7v of Me SouM 1113.75 feet of ire N1= R' anheNE11aftheNW1. OFSecfian 15 I I i APN 510-120-12 JUAN De D/OS INIGUEZ a I I �4r x z{ RADIAL TABLE k V L {��j .• y 11: RADIAL DIRECTION _• R1 584'43'06"E R2 S84'43'37"E �� p 1 R3 S87'16'14"E 10 a { �'=4s R4 S87'15'58"E LINE TABLE LINE BEARING DISTANCE t o 9 L1 S0009'15"V1 542.53' ��' @1r �' ''�'[� z r, L2 S$9'S9'S3"Vl 2.51' ii�� L">q�s� c7is� e: 7 c' L3 I N89'59'53"E 2.50' i � uy dr I R3 I Ncxtn Lkte of tre SoaRh 50_00 ieet of t1re NE I IL ! of the Nt j of Me NW; of Section 15 f It 1 1 I II[ I I fNDfCATES TEMPORARY CONSTRUCTION EASEMENTFOR QUl311C STREET RfGffTOF WAY,CONI'AWNGANAREA OF 172.31 S.F_t REFA REV. CITY OF FRESNO FU°' t'"°°"3 ��"TM Fut+ovn_ 2.rss 2022-145 DEPARTMENT OF PUBLIC WORKS oftq No DR.sr 15-A-10174 POLK WIDENING-SHAW TO GETTYSBURG � � say _ I SHEEM PLAT 1744 AREA TO BE DEDICATED FOR PUBLIC STREET AND -IM 2 25.= PUBLIC UTILITY PURPOSES. �nu x n•+s' EXHIBIT E to Agreement Page 9 of 9