HomeMy WebLinkAboutMiller, Mark Steven - Agreement for Purchase and Sale - 12.28.22FIRST AMENDMENT TO THE AGREEMENT FOR
PURCHASE AND SALE OF A PERMANENT STREET EASEMENT
AND ESCROW INSTRUCTIONS
APN 452-103-01
SIDEWALK (JOHN MUIR) PROJECT
City Project No.: PWO0893
THIS FIRST AMENDMENT TO THE AGREEMENT FOR PURCHASE AND SALE
OF A PERMANENT STREET EASEMENT AND ESCROW INSTRUCTIONS (this
"Amendment") is made and entered into as of the date hereof by and between the CITY OF
FRESNO, ("City") and MARK STEVEN MILLER ("Owner"). City and Owner are hereinafter
collectively referred to as the "Parties-.
RECITALS
A. City and Owner are parties to that certain Agreement for Purchase And Sale of a
Permanent Street Easement and Escrow Instructions, 1 dated December 28, 2022 (EXHIBIT "A-
") (the "Agreement"), with respect to certain real property located in the City of Fresno,
County of Fresno, State of California (the "Property"), as more particularly described in the
Agreement.
B. In accordance with the Agreement, Owner executed a Deed of Easement
conveying a portion of the Property to City, recorded with the Fresno County Recorder on
December 29, 2022, as Document Number 2022-0152807. ("EXHIBIT B-1 ").
C. The parties acknowledge and agree that the amount included in the Agreement
included a TWO THOUSAND AND N01100 DOLLARS ($2,000.00) settlement of which ONE
THOUSAND EIGHT HUNDRED THIRTY-NINE AND NO1100 DOLLARS ($1,839,00) was
allocated as Severance Damages - Cost to Cure work for relocation and/or replacement of
approximately 70' feet of 5 foot metal fence and gate and miscellaneous landscaping that would
perpetuate screening to the property along Dennett Avenue, as described on Exhibit C of the
Agreement.
D. In accordance with the Agreement, City's contractor shall remove, at City's cost,
improvements located in the acquisition area, and may install temporary fencing on Owner's
Property lying immediately adjacent to the new right of way line,
E. Owner desires an additional amount of compensation from City to accomplish the
additional curative work of establishing a permanent fence on Owner's property. The additional
cost of curative work has been established as FOUR THOUSAND EIGHT HUNDRED AND
N01100 DOLLARS ($4,800.00), based on three estimates of cost obtained by Owner, provided
by licensed fencing contractors. See attached Exhibit "A," `°
APPRAISAL STATEMENT") which revises the aforementioned Exhibit C of he Agreeme t toUee ct�
additional cost to cure work. he
61859469.v1 1
F. The Parties now wish to enter into this Amendment to provide additional
compensation to the owner to facilitate the installation of permanent fencing upon the Owner's
Property by Owner's contractor, adjacent to the City's Dennett Avenue right of way.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and terms, covenants
and conditions set forth in this Amendment, and for good and valuable consideration, the recei
and sufficiency of which is hereby acknowledged, City and Owner hereby agree as follows: pt
1 • Re Iacement Fence.
(a) Within 30 days of the effective date of this Amendment, the Owner
commits to hiring a fencing contractor to install 77 Linear feet of fencing on the Owner's
Property, at owner's cost, and adjacent to the City's Dennett Avenue right of Way.
(b) City shall pay additional compensation of FOUR THOUSAND EIGHT
HUNDRED AND NOIZ 00 DOLLARS ($4,800.00) to accomplish the additional curative
Of establishing a permanent fence on Owner's property, as indicated on Exhibit «A „ att work
hereto and incorporated herein by reference. ached
(c) City shall coordinate with the Owner to allow the City's temporary fence
to remain until such time as the Owner's fencing contractor begins their construction work
maintain the security of the Owner's back yard. to
2.Total Qom ensation. Pursuant to the Terms of the Agreement and this
Amendment, the City shall pay total compensation of SIX THOUSAND EIGHT HUN
AND N0II00 DOLLARS (*800.00), which is comprised Two
of Thousand Do ED
(S2,a40.00) previously paid pursuant to the Agreement, and Four Thousand Ei ht llars
Dollars ($4,800.00) to be paid pursuant to this Amendment. g Hundred
3• Force and Effect. Except as expressly modified by this Amendment the
Agreement shall remain in full force and effect.
4• Amender Except as expressly modified by this Amendment, the Agreement
remains in full force and effect. In the event of any conflict between the Agreement t
Amendment, this Amendment shall control. g and this
5• Governin Law. This Amendment shall be governed by and construed and
enforced in accordance with the laws of the State of California applicable to contracts made
to be performed wholly within that State without giving effect to the conflict -of laws principles
thereof. p iples
6. Counte arts. This Amendment may be executed in one or more counterparts,
each of which shall be deemed an original, or by electronic transmission of signature � pages
61859469.v1 2
which shall be as effective as original signature pages, and all such counterparts shall constitute
one and the same documents.
[Signature Page to Follow]
61859469.v 1 3
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,
A California municipal corporation
By: IZ7,
Randall W. Morrison, PE Da e
Capital Projects Director
RECOMMENDED FOR APPROVAL:
LB D3
Nancy B �Dat��
Supervising Real Estate Agent
APPROVED AS TO FORM: ANDREW
JANZ
City Attorney
By: t 12,� L �J
Date
ATTEST:
TODD STERMER, CMC, MMC
City Clerk
Date
Deputy Ay�{'nh
MARK STEVEN MILLER
By; I J-7
Mark Steven Miller D e
4
61859469.v1
ITY OF FRESNO
ALUATION SUMMARY
TATEMENT- Amended
EXHIBIT A
Project Description
John Muir Sidewalk Project
Owner: Mark Steven Miller
is document contains personal information and
rsuant to Civil Code 1798.21, it shall be kept
rnfidential in order to protect against unauthorized
disclosure.
Parcel No. Federal Aid Project No.
452-103-01 N/A
Date Acquired: More than 5 years
Page 1 of 2
Date
Revised 10/19/23
Property 998 N. Wilson Ave Property to be acquired: Street Easement
Address: Fresno, California 93728 Part: X All —
Including Access Rights: Yes: No: X
Total Property
Acquisition Area: +/- 58 square feet easement
BASIS OF VALUATION
The market value for the property to be acquired by the City is based upon an appraisal prepared in
accordance with accepted appraisal principles and procedures.
Code of Civil Procedure Section 163.320 defines Fair Market Value as follows:
a) The fair market value of the property taken is the highest price on the date of valuation
that would be agreed to between a seller, being willing to sell but under no particular or
urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing, and
able to buy but under no particular necessity for so doing, each dealing with the other
with full knowledge of all the uses and purposes for which the property is reasonably
adaptable and available.
b) The fair market value of property taken for which there is no relevant, comparable market
is its value on the date of valuation as determined by any method of appraisal that is just
and equitable.
Recent sales of comparable properties and income data are utilized as appropriate. Full
consideration is given to zoning, development potential and the income the property is capable of
producing.
9/29/2022 1 EXH 8-EX-15A
77 If of 6'Cedar Fencing (RCN)
APPRAISAL SUMMARY STATEMENT Page 2 of 3
PERMANENJEA EMENT
Land 58 sf X 2.50/sf ($5.00/sf fee value x 50%) _
(Easment Value) —
APN 452-103-01
October 19, 2023 (Revised)
$145.00
Improvements 77 Linear Feet (If) of 30+ year old fencing =
$4,800 Replacement Cost New (RCN) X 10 % (Value in Place) 480.00
Depreciated Value in Place (DVIP)
Total Permanent Easement Value
$625.00
SEVERANCE DAMAGES — COST TO CURE WORK TO be performed weer
The owner is being compensated for replacement fencing and landscaping to perpetuate
screening of the property along East Dennett Avenue. (Lump sum based on Home Depot
Estimate) City will remove improvements at City's cost prior to commencement of construction.
Any relocation or new installation shall be the responsibility of the property owner. In addition,
property owner's 77 linear feet (If) of side fencing along Dennett Avenue needs to be relocated
on approximately 3.5 feet back onto the owner's property. At an October 10 @ 10AM field
meeting in Mr. Miller's backyard with Mr. Miller, his wife, City right of way and
design/construction representatives it was determined that Mr. Miller did not want to salvage
the 30+ year old fence so it would be removed by the construction team with a temporary
fence to be installed by them within the City's remaining right of way adjacent to Mr. Miler's
side property line. Mr. Miller would be compensated for a replacement fence based on
obtaining reasonable fencing estimates. Of the three fencing estimates provided to the City of
$4,164 (Kerb Appeal Fence Works) $4,800 (Noble Construction) and $5,753.50) the Noble
Construction estimate was recommended by Continental Field Service as most reasonable
based on cost and immediate availability and selected by the City.
70' If of 5' metal fence and gate for screening purposes
Less DVIP of Existing Fence
Cost to cure for replacing side fencing
Miscellaneous Landscaping
Total Cost to Cure Amount
Permanent Easement
Cost to Cure
',�
a'M
$ 1, 764.00
4,320.00
$ 75.00
$ 6,164.00
$625.00
J.6
$ 6,789.00
9i29i2022 2
EXH 8-EX-15A
PPRAISAL SUMMARY STATEMENT Page 3 of 3 APN 452-103-01
October 19, 2023 Revised
ROUNDED G 800.00
Less $2,000 received as prior settlement
TOTAL Revised Amount Covering Side Fence Replacement
BASIS OF VALUATTION,
BASIC PROPERTY DATA:
Interest valued: Partial acquisition
$2,000.00
$4,800.00
Date of valuation: September 21, 2022 (Revised Nov. 28, 2022
Applicable zoning: and October 19, 2023)
Area to be acquired: R1
Highest and best use: +/- 58 square feet Current use
Current use: SFR
SFR
9/29/2022 3 EXH 8-EX-15A
EXHIBIT A-1
AGREEMENT FOR PURCHASE AND SALE OF A PERMANENT STREET
EASEMENT AND ESCROW INSTRUCTIONS
APN 452-103-01
SIDEWALK (JOHN MUIR) PROJECT
City Project No.: PWO0893
This Agreement for a Permanent Street Easement (Agreement) is entered into by and
between Mark Steven Miller (Owner), without regard to number or gender, and the
CITY OF FRESNO, a municipal corporation (City) for a permanent street easement
and right-of-way for public street purposes on the following terms and conditions.
1. The real property which is the subject of this Agreement, hereinafter "Subject
Property", is a Permanent Easement to facilitate the Sidewalk (JOHN MUIR)
Project (Project), situated in the City of Fresno, County of Fresno, State of
California, being approximately 58 square feet in size, within Assessor's Parcel
Number 452-103-01, 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 TWO THOUSAND AND NO/100 DOLLARS
($2,000.00) 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 TWO THOUSAND AND NO/100 DOLLARS
($2,000.00) 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. 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.
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 forconvenience
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. 5everabilit . 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 ❑ocuments. 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
3
matter hereof and supersedes all prior negotiations, representations or
agreements, either written or oral. This Agreement maybe modified only by written
instrument duly authorized and executed by both the City and the Owner.
[SIGNATURE PAGE TO FOLLOW]
IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, on the Effective date of this Agreement as defined above.
H
CITY OF FRESNO,
A California municipal
RECOMMENDED FOR APPROVAL:
NP�Lt�x'&,
Colleen Karby Date
Senior Real Estate�Agent
Nancy 6 ` no ❑ate
Supervising Real Estate Agent
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
MARK STEVEN MILLER
0
Mark Steven Miller Date
Date
Y(Cv+ (q VI(I l ��Y, ATTEST:
TOD❑ STERMER, CMC, MMC
City Clerk
Date
5
Ili �/if
^,2
Attachments:
1. Exhibit "A"
2. Exhibit "B"
3. Exhibit "C"
EXHIBIT "A"
LEGAL DESCRIPTION
STREET EASEMENT
APN 452-103-01 (Portion)
That portion of Lot 24 in Block 2 of that map titled "Map of Echo Tract", recorded in Book 8, at
Page 25 of Record of Surveys, Fresno County Records, lying in the West half of Southwest
Quarter of Section 33, Township 13 South, Range 20 East, Mount Diablo Base and Meridian,
according to the Official Plat thereof, in the City of Fresno, County of Fresno, State of California,
more particularly described as follows:
BEGINNING at the Northwest corner of said Lot 24, said point also being on the South Right -of -
Way line of East Dennett Avenue, 50 feet wide, as shown on said map;
thence North 89°58'55" East, along said South Right -of -Way line, a distance of 2.30 feet to a
point of intersection thereof with a line which is parallel with and 2.30 feet East of the East
Right -of -Way line of North Wilson Avenue, 50 feet wide, as shown on said map;
thence leaving said South Right -of -Way line, South 0'23'19" West, along said parallel line, a
distance of 25.00 feet to a point of intersection thereof with the South line of said Lot 24;
thence South 89158'55" West, along last said South line, a distance of 2.30 feet to the
Southwest corner of said Lot 24;
thence North 0'23'19" East, along said East Right -of -Way line, a distance of 25.00 feet to the
POINT OF BEGINNING.
Containing an area of 58 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.
Randell Scott West, PLS 8663
Blair, Church & Flynn
2022-050
15-A-10096
l. Np
Date: Ma 2022 f a LS. 8663
q
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EXHIBIT nB rr
NORTH WILSON AVE
POINT 4F BEGINNING EAST DENNETT AVE.
N.W. CORNER OF LOT 24 N89 5855 E (50 FEET WIDE)
2.30,
•...•.
EAST LINE OF,;.;.;.� SOUTH LINE OF
EAST DENNETT AVE.
.,.,.+
•F•i • ♦
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APN: 452-103-01
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FRCSNU COUNTY RECORDS
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SOUTH LINE OF
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LOT 24
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S.W. CORNER
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58'
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LOT 23 of
BLOCK 2
EGEN'
— — — —
—
PROPOSED STREET EASEMENT
�¢,L LANo
LOT LINE
3,
�y`' �,1. SC07- -
EXISTING RIGHT-OF-WAY LINE
" N
F.C.R.
FRESNO COUNTY RECORDS
No.8663
;
O.R.F.C.
OFFICIAL RECORDS FRESNO COUNTY
BOOK 8, PAGE 25 OF RECORD OF
R1
SURVEYS, F.C.R.
r•+--`—;
INDICATES AREA TO BE DEDICATED AS
5 _23 22
PUBLIC STREET EASEMENT, CONTAINING AN
e�
Da a lgnSCALE: 1" = 5'
L� J
AREA OF 158 S.F.
REF.&REv.
CITY OF FRESNO
FUND O. RESiYf�E
FUND NO
2022-050
DEPARTMENT OF PUBLIC WORKS
ORG. NO.
DR. BY LL
SHEET NO_ 1
15-A-10096
AREA TO BE DEDICATED FOR PUBLIC STREET AND
CH. aY RS`�'
°F 1 SHEETS
PLAT 2454
PUBLIC UTILITY PURPOSES.
DATE 51 z3/22
CITY OF FRESNO
VALUATION SUMMARY
STATEMENT
'EXHIBIT C
Project Description
John Muir Sidewalk Project
Owner: Mark Steven Miller
is document contains personal information and
rsuant to Civil Code 1798.21, it shall be kept
rnfidential in order to protect against unauthorized
,disclosure.
Parcel No. Federal Aid Project No.
452-103-01 N/A
Date Acquired: More than 5 years
Page 1 of 2
Date
Revised 11 /28/22
Property 998 N. Wilson Ave Property to be acquired: Street Easement
Address: Fresno, California 93728 Part: X All —
Including Access Rights: Yes: No: X
Total Property
Acquisition Area: +/- 58 square feet easement
BASIS OF VALUATION
The market value for the property to be acquired by the City is based upon an appraisal prepared in
accordance with accepted appraisal principles and procedures.
Code of Civil Procedure Section 163.320 defines Fair Market Value as follows:
a) The fair market value of the property taken is the highest price on the date of valuation
that would be agreed to between a seller, being willing to sell but under no particular or
urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing, and
able to buy but under no particular necessity for so doing, each dealing with the other
with full knowledge of all the uses and purposes for which the property is reasonably
adaptable and available.
b) The fair market value of property taken for which there is no relevant, comparable market
is its value on the date of valuation as determined by any method of appraisal that is just
and equitable.
Recent sales of comparable properties and income data are utilized as appropriate. Full
consideration is given to zoning, development potential and the income the property is capable of
producing.
9/29/2022 1 EXH 8-EXAM
APPRAISAL SUMMARY STATEMENT Page 2 of 2 APN 482-103-01
j , November 28, 2022
PERMANENJEASEMENT
Land 58 sf X 2.50/sf ($5.00/sf fee value x 50% ) = $145.00 ( Esmnt Value) -
SEVERANCE DAMAGES - COST TO CURE WORK (To be Rerforffled by owner)
The owner is being compensated for replacement fencing and landscaping to perpetuate
screening of the property along East Dennett Avenue. (Lump sum based on Home Depot
Estimate) City will remove improvements at City's cost prior to commencement of construction.
Any relocation or new installation shall be the responsibility of the property owner.
70' If of 5' metal fence and gate $ 1,764.00
Miscellaneous Landscaping $ 75.00
Total Cost to Cure Amount $ 1,839.00
Permanent Easement $145.00
Cost to Cure $ 1,839.00
$ '1,984.00
ROUNDED $ 2 000.00
BASIS OF VALUATION
BASIC PROPERTY DATA:
Interest valued:
Date of valuation:
Applicable zoning:
Area to be acquired:
Highest and best use:
Current use:
Partial acquisition
September 21, 2022 (Revised Nov. 28, 2022)
R1
+/- 58 square feet Current use
SFR
SFR
9/29/2022 2 EXH S-EX-15A
EXHIBIT B-'I
FirstAmerican
wFirstAm' Recorded Document
The Recorded Document images are displayed in the subsequent pages for the following request:
State: CA
County: Fresno
Document Type: Document - Year.DoclD
Year: 2022
DocID: 152807
Limitation of Liab'sli for Informational Re ort
IMPORTANT — READ CAREFULLY. THIS REPORT IS NOT AN INSURED PRODUCT OR SERVICE OR A REPRESENTATION OF THE
CONDITION OF TITLE TO REAL PROPERTY, IT IS NOT AN ABSTRACT. LEGAL OPINION, OPINION OF TITLE, TITLE INSURANCE
COMMITMENT OR PRELIMINARY REPORT. OR ANY FORM OF TITLE INSURANCE OR GUARANTY. THIS REPORT IS ISSUED EXCLUSIVELY
FOR THE BENEFIT OF THE APPLICANT THEREFOR, AND MAY NOT BE USED OR RELIED UPON BY ANY OTHER PERSON. THIS REPORT
MAY NOT BE REPRODUCED IN ANY MANNER WITHOUT FIRST AMERICAN'S PRIOR WRITTEN CONSENT. FIRST AMERICAN DOES NOT
REPRESENT OR WARRANT THAT THE INFORMATION HEREIN IS COMPLETE OR FREE FROM ERROR, AND THE INFORMATION HEREIN IS
PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND, AS -IS, AND WITH ALL FAULTS. AS A MATERIAL PART OF THE CONSIDERATION
GIVEN IN EXCHANGE FOR THE ISSUANCE OF THIS REPORT, RECIPIENT AGREES THAT FIRST AMERICAN'S SOLE LIABILITY FOR ANY
LOSS OR DAMAGE CAUSED BY AN ERROR OR OMISSION DUE TO INACCURATE INFORMATION OR NEGLIGENCE IN PREPARING THIS
REPORT SHALL BE LIMITED TO THE FEE CHARGED FOR THE REPORT. RECIPIENT ACCEPTS THIS REPORT WITH THIS LIMITATION AND
AGREES THAT FIRST AMERICAN WOULD NOT HAVE ISSUED THIS REPORT BUT FOR THE LIMITATION OF LIABILITY DESCRIBED ABOVE.
FIRST AMERICAN MAKES NO REPRESENTATION OR WARRANTY AS TO THE LEGALITY OR PROPRIETY OF RECIPIENT'S USE OF THE
INFORMATION HEREIN.
04/03/2023
Recorded Document
92005-2023 First American Financial Corporation and/or its affiliates. All rights reserved.
Recording Requested By:
Public Works Department
City of Fresno
No Fee -Gov't. Code Sections
6103 and 27383
When Recorded, Mall To:
Public Works Department
City of Fresno
2600 Fresno Street
Fresno, CA. 93721-3623
ATTN: Right-of-way Section
mill M10114011111 K14AN MLNUIXIMlfN Hill
2022-0152807
FRESNO County Recorder
Paul Dlcl.os, CPA
Thursday, Doc 29,
2022 10:08:43 AM
Titles: 1
Pages: 5
Fees:
0.00
CA S92 Foe:
0.00
Taxes.
0.00
Total:
0.00
PUBLIC WORKS DEPT
SPACE ABOVE THIS LINE FOR RECORDER'S USE
APN 452-103-01 (portion) PW 2022-16220
DEED OF EASEMENT
Mark Steven Miller, GRANTOR, hereby GRANTS to the City of Fresno, a municipal
corporation, GRANTEE, an easement and right-of-way for public street purposes
over, under, through and across all that real property situated in the City of Fresno,
County of Fresno, State of California, more particularly described and shown as
follows:
See Exhibits "A" and "B", which are attached and incorporated herein
Mark Steven Miller,
By:� Dated:
2022-050
15-A-10096
DOC #2022-0152807 Page 2 of 5
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California Fresno
County of
On
December 7, 2022 before me,
Sandra R Ortiz, notary public
(insert name and title of the officer)
personally appeared 4YLC.,CY-
who proved to me on the basis of satisfactory evidence to be the person*whose name I�
subscribed to the within instrument and acknowled ed to me thaligDsheme rexecuted the same in
authorized capacity(jec}, and that by i*signature* on the instrument the
person(,or the entity upon behalf of which the personfa -acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. NotasANDIry Public Lanz
llc - California s
Fresno County
Commission N 22922DO
My Comm. Expires Apr 15, 2023
Signature (Seal)
DOC #2022-0152807 Page 3 of 5
EXHIBIT "A"
LEGAL DESCRIPTION
STREET EASEMENT
APN 452-103-01 (Portion)
That portion of Lot 24 In Bloch 2 of that map tltied 'Map of Echo Tract', recorded in Book 8, at
Page 25 of Record of Surveys, Fresno County Records, lying In the West half of Southwest
Quarter of Section 33, Township 13 South, Range 20 East, Mount Diablo Base and Meridian,
according to the Official Plat thereof, in the City of Fresno, County of Fresno, State of California,
more particularly described as follows:
BEGINNING at the Northwest comer of said Lot 24, said point also being on the South Right -of -
Way line of East Dennett Avenue, 50 feet wide, as shown on said map;
thence North 89'58'55° East, along said South Rlght-of-Way line, a distance of 2.30 feet to a
point of intersection thereof with a line which [s parallel wM and 2.30 feet East of the East
Right -of -Way line of North Wilson Avenue, 50 feet wide, as shown on said map;
thence leaving said South Right -of -Way line, South 002319' West, along said parallel line, a
distance of 25.00 feet to a point of intersection thereof with the South line of said Lot 24;
thence South 89058'55' West, along last said South line, a distance of 2.30 feet to the
Southwest comer of said Lot 24;
thence North 0`23'19' East, along said East Right -of -Way line, a distance of 25.00 feet to the
POINT OF BEGINNING.
Containing an area of 58 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,
rftl�
Randall Scott West, PLS 8663
Blair, Church & Flynn
2022-050
15-A-10096
Date: Mav 23, 2022
V
DOC #2022-0152807 Page 4 of 5
EXHIB1 T "B"
EAST DENNETT AVE
POINT OF BEGINNING .
N.W. CORNER OF LOT 24 ImSs� 58' 55"E
(50 FEET WIDE)
/23WO'
EAST LINE OF— 3-�-�r+`;};� SOUTH LINE OF
NORTH WILSON AVE. '+'+'' EAST DENNETT AVE.
+++++
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S.W. CORNER OF LOT 24 58' 55W
2.30'
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- s i -- ---- -
PROPOSED STREET EASEMENT
--- - -
LOT LINE
EXISTING RIGHT-OF-WAY LINE
F.C.R.
FRESNO COUNTY RECORDS
O.R.F.C.
OFFICIAL RECORDS FRESNO COUNTY
R1
BOOK 8, PAGE 25 OF RECORD OF
SURVEYS, F.C.R.
-+-;►+,
INDICATES AREA TO BE DEDICATED AS
L- J+
PUBLJC STREET EASEMENT, CONTAINING AN
AREA OF f 58 S.F.
REF.& REV. CITY OF FRESNO
2022-050 1 DEPARTMENT OF PUBLIC WORKS
GRANT DEED
NO. 2021-0009815
O.R.F.C.
LOTS 23 & 24
BOOK 8, PAGE 25 OF
RECORD OF SURVEYS
FRESNO COUNTY RECORDS
LOT 24 OF
BLOCK 2
SOUTH
LOT 24
— Z-- - —
LOT 23 OF
BLOCK 2
15-A-10096 AREA TO BE DEDICATED FOR PUBLIC STREET AND
PLAT 2454 PUBLIC UTILITY PURPOSES.
LINE OF
•N
SCALE 1' 5'
PROJ. ID. RES TYPE
FUND NO
ORO. NO.
DR. BY L SHEEfNO 1
CH. BY 2t OF 1 SHEETS
DATE 5 23/22
nrAE � 1• 0 5.
11
DOC #2022-0152807 Page 5 of 5
CERTIFICATE OF ACCEPTANCE (Officer)
In accordance with Section 27281 of the Government
Code, this is to certify that the interest in real property
conveyed hereby is accepted by the undersigned officers
on behalf of the Council of the City of Fresno pursuant to
authority conferred by Resolution No. 92-219A of said
Council, adopted June 9, 1992 and the grantee consents
to the recordation thereof by its duly authorized officer.
Public Works Director
ACCEPTED:
By: Date:
Andre enelli, Deputy
RECOMMENDED FOR ACCEPTANCE:
By:
Title:
Date:
Log No.2022- a� Drawing No. 15-A- 1QLq'7
CERTIFICATE OF ACCEPTANCE (Council)
��r��Ai� Cr,n4inn 77?SZ� of tha i=c���n m�non�
Code, t'haan is to Ge Fbf e th at zhn in �l nQrht
yedm h'-- y this }$ r imnnur-�a�r v iZ 94Y of FFa6n,PLnT'��'a M�{ r'",vr�—ir�rrhrn ot`��i'f �--rd+-the
CG nril of thn f'" Of FF6&Pn marin_nn_ the Ante hef---�
set--44At4a d them grant
t#er y-tts duly-aut#w ze�,4
item e4# ese- No,
Date--of-EaUAGml Qrdar: -
Cily SIepk
Ry,
^rmPtFF-
APPROVED AS TO FORM:
City Attorney
By: laot-'-C
FPUTY
CHEC
By'
Title: Chief Land Surveyor
Date: (,-9 2ef-,2
►7