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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 � l3f CA1.� 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 • ♦ �:• =� APN: 452-103-01 w o GRANT DEED W ;,, � N DOC. N0.0009815 Q �i ,..'..�� 0 R F C, z w r� Lu I, ♦,*•' 3 LOTS 23 & 24 0 * + - ,+ ��!♦♦*•••+� Or BOOK 8, PAGE 25 OF ftF.CORD OF StJHV_YS J•t'.': ' FRCSNU COUNTY RECORDS Ld V- '.'. ���,+ 2 p v+::.cnBLOCK LOT 24 OF 2 ,^� 4J I++••••-'� Vy li ♦ CL .� �,*••; ; j SOUTH LINE OF •:•:-:•:� LOT 24 7-SOT S.W. CORNER OF LOT 24 58' 56 W 2.30 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. +++++ +..+ +++�+++� ++++ of + + r +•+•+`+ APN: 452-103-01 U.j+ w o + r + Q w DOC. Z 0 �^+}+* ��.*+*+*+* 3 i �j�+•++*+}+* iV Ck Ili +}+r++*} (n oi•+'••+'+i ZV) +*••+*++i1 D_ *+*+ +}+ {%++%% + + + r + + + +ii ♦ Yam, }i + S.W. CORNER OF LOT 24 58' 55W 2.30' •e�r►rn. - 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