HomeMy WebLinkAboutSingh_Harvender Purchase and sale of a street easement_right of way for public utility purposes Herndon Avenue between Fresno Street and Freeway 41 APN 303-180-55t,:: {¡ rsjlS ô-B
AGREEMENT FOR PURCHASE AND SALE OF A STREET EASEMENT/RIGHT.OF.WAY
FOR PUBLIC UTILITY PURPOSES AND ESCROW INSTRUCTIONS
Herndon Avenue between Fresno Street and Freeway 41
APN
City Project No.: PW 00581
Harvender Singh, hereinafter called the "Seller(s)," without regard to number or gender,
hereby offers to sell to the CITY OF FRESNO, a municipal corporation, hereinafter called the
"City," the hereinafter described street easement on the following terms and conditions:
1. The real property which is the subject of this Agreement are situated in the City of
Fresno, County of Fresno, State of California and may hereinafter for convenience be referred
to as the "subject property," being an street easement and right-of-way for pedestrian walkway,
bicycle path and landscaping purposes is located at the north side of Herndon Avenue west of
Fresno Street, and is contained within Assessor's Parcel Numbers and which is
more particularly described as:
Exhibits "4", "8", "C" and "D" relative to street easement and right-of-way for
public utility purposes and by reference made a part of hereof.
2. The total purchase price for the subject property, including any cost to cure
damages as detailed in the attached Appraisal Summary Statement dated ltlay 27,2014 shall
be the sum of ONE HUNDRED NINTY FIVE THOUSAND AND 00/100 DOLLARS ($t95,000)
as just compensation for this property.
3. Seller(s) acknowledge that the City has the power to acquire the subject properly
for public purposes by eminent domain. lf title does not pass to the City within the time
provided by this Agreement, the City may begin eminent domain proceedings to acquire such
possession or title. The parties agree and stipulate that the net sum payable to Selle(s)
hereunder shall be conclusively deemed to be the total just compensation payable in such
proceedings, and this Agreement may be filed with the court as stipulation upon which
judgment may be entered in the eminent domain proceeding as to the just compensation to be
paid to Sellers. Seller(s) waive all other defenses in said proceeding.
4. It is understood and agreed by and between the parties hereto that the street
easement described on Exhibit "A" and depicted on Exhibit "8" are permanent easements and
right-of-way for pedestrian walkway, bicycle path and landscaping purposes described on
Exhibit "C" and depicted on Exhibit "D" are permanent easements.
5. lt is agreed and confirmed by the City and Seller(s) that, notwithstanding other
provisions of this Agreement, the right of possession and use of the subject properties by the
City, including the right to remove and dispose of improvements within the permanent street
easements, shall commence on August 31,2015, or close of escrows controlling these
transaction, whichever occurs first, and the amount shown in Paragraph 2 above includes, but
612312015 Page 1 of 5 0nü0[mA[
is not limited to, full payment for such possession and use , including damages, if any, from
said date.
6. Seller represents and warrants that it has the authority to make the offer herein
made, and that it holds fee title to said easement and can convey the subject property free and
clear of all liens, encumbrances, and restrictions of record except for the iitle excepfiôns noted
in 7.b below.
7 ' The s¿le shall be completed through an escrow to be opened at Fidelity National
Title Company,7475 North Palm Avenue, Suite 106, Fresno, Californiagl7ll undór EscrowNumber 12-302401-BW. Said escrow shall be opened upon the following terms and
conditions, and the Seller and City by their signature to this Agreement make tñis paragraph
their escrow instructions:
a' The City shall deposit the sums specified in Paragraphs 2 of this Agreement andthe closing costs in escrow upon receipt of a demand and statement fiom said tifle
company therefor.b. Payment of said sums, less Seller's cost to clear title, if any, may be made to
Seller only when escrow holder possesses and is in a position to delivei to tne City a
fully executed and acknowledged and recorded easement deed to the subject propérty
and when said escrow holder stands ready to issue to the City a standard tiile insurancepolicy guaranteeing a title to said property in the City free and clear of all liens,
encumbrances and restrictions of record, except for: ltems 1,2, Z, 4, 5,6,7,8, g, 10, 11,
12,13, 14, 15, 16, 17 , 19, 19, 20, 21, 22, 23, 24, 25, 26, 27 ,29 &, 30 contained in the
Preliminary Title Report No.12-302-401-BW dated November 3, 2014 from Fidelity
National Title Company.c. lt is understood that Seller shall be responsible for the payment of all taxes,
penalties, redemptions, and costs allocable to the subject property. lt is further Seller,s
responsibilíty to apply to the County Tax Collector for any refund or decrease in taxes
which may b granted.d. The escrow fee, cost of policy of title insurance, recording fees (if any), and all
other closing costs shall be paid by the City. Seller will pay any óost to convéy the ti¡e
to the subject property in the condition described in 7.b above.e. 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.
8. 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 subsequeni breach of either
the same or a different provision of this Agreernent. 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
5t5t2015 Page 2 of 5
purposes of the filing of any action regarding the enforcement or interpretation of thisAgreement any rights and duties hereunder shall be in Fresno, California.c. Headinqs. The section headings in this Agreement are for convenience andreference only and shall not be construed or held inãny way to explain, modify or add tothe interpretation or meaning of the provisions of this Agreement.d' Severabilitv. The provisions of this Agreement are severable. The invalidity, orunenforceability or any one provision in this Agreement shall not affect the ótf,",.provisions.
e. lnterpretation. The parties acknowledge that this Agreement in its final form is theresult of the combined efforts of the parties and that, should any provision of thisAgreement be found to be ambiguous in any way, such ambiguity shali not be resolvedby construing this Agreement.in.favor of or against any parti büt rather by construingthe terms in accordance with their generally accepted meaning.f. Attorney's Fees. lf either party is required to commen.ã
"ny
proceeding or legalaction to enforce or interpret any term, covenant or condition of ti-,¡s Agreeñrent, theprevailing party in such proceeding or tction shall be entitled to recover from the otherparty its reasonable attorney's fees and legal expenses.
the event of any conflict between the body of this
ment hereto, the terms and conditions of the body
take precedence over the terms and conditions
ment.h. CumulatiYe Remedies. No remedy or election hereunder shall be deemedexclusive but shall, wherever possible, be cumulative with all other remedies at law or inequity.i' Each Exhibit and Attachment referenced herein is bysuch and made a part of this Agreement for all purposes.j
, a,- _ ch party acknowledges tñat they have read and fullyunderstand the contents of this Agreement. This Agreement represents the entire andintegrated agreement between the parties with respect to the su'b¡ect matter hereof andsupersedes all prior negotiations, representations or agreements, either written or oral.This Agreement may be modified only by written fnstrument duly authorized andexecuted by both the City and the Sellers.
9. Time is of the essence of each and every term, condition, and covenant hereof.
10. Environmental lndemnity Seller shall indemnify, hold harmless, and defend theBuyer, its officers, agents, employees, and vol
forfeitures, claims, expenses, and costs, whet
third party, arising direcfly or indirecfly f
hazardous substances or materials (as now
in, on, or about the Property on or before
limitation, any claims under the Comprehensive Environmental Response, Compensation andLiabilityAct of 1980, as amended (CERCLA), or any otherfederal, state or local lawwhetherstatutory or common law, ordinance, or regulation. Costs or losses covered will include,without limitation, consultants, engineering, investigator fees, clean up or disposal costs andattorneys' fees, and damages.
5t5t2015 Page 3 of 5 ORIGINAT
11' lt is understood and agreed that as a condition precedent hereto, this Agreementshall have no force and effect until approved by the Council for the City of Freıno. ThisAgreement is to remain open for one hundred and twenty (120 days) from thó date hereof, andthat upon its duly authorized execution within said time by the ôity, this Agreement shallbecome a contract for the purchase and sale of subject property binding upon Sãllers and City,their heirs, executors, administrators, successors in interest, and assigns
51512015 Page 4 of 5 om9rNrü
Signature Page
Address of City:
City of Fresno
Public Works Department
2600 Fresno Street, Room 4019
Fresno, CA93721-3623
ATTEST:
WONNE SPENCE, CMC
City Clerk
BY:
Date
Date
Mailing Address of Seller:
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
BY: q'll' tf
È}f çrNq{ BaUr#*¡
rr f lal rs
1eb
This Agreement is executed by the City of Fresno by and through the Public Works Director or
his designee of the City of Fresno pursuant to y granted by the Council of the City of
Fresno on
RECOMMENDED FOR APPROVAL
BY:'
CITY OF FRESNO
BY:
î - Andrew J. Benelli, Director ì\'l-' Department of Public Works
J. A. "Pete" Caldwell ll
Senior Real Estate Agent
R(S):
Harvender Singh
51512015
DepUty l'4x¿ o M¡øn,n¿r -V
Page 5 of 5 0mGINA't
EXHIBIT "A'
APN (portion)
Street easement
A portion of Parcel "C" of LLA 2001-02 as described in that Grant Deed recorded
October 28, 2005-O2SSS41, Otficial Records of Fresno County,
said Parcel ' ts 8, 9 and 10 of Hansen Estates, aCcOrding tO thä
map thereof of plats at page 31, Fresno County Recordé,
situated in the southwest quarter of Section 34, Township 12 South, nánge 20 East,
Mount Diablo Base and Meridian, according to the Officiàl United States óovernment
Township Plat thereof; said portion being more particularly described as follows:
COMMENCING at the southwest corner of said Section 34; thence N O.1Z'52, E, along
the west line of said southwest quarter of Section 34, a distance of 70.00 feet to the
southwest corner of said Parcel "c"; thence s gg"42'ogu E, along the southerly
boundary of said Parcel "C", â distance of 24.06 feet to the TRU-E polNT oF
BEGINNING of this description; thence continuing S 8g'42'OB" E, along said southerly
boundary, a distance of s.g4 feet; thence S g6.43'1gl E, continuing alıng said
southerly boundary, a distance of 106.15 feet; thence N 88"4i'S1uE, conìtinuing along
said southerly boundãry, a distance of 180.04 feet; thence N 8g.50'g6u E, continuing-
along said southerly boundary, parallel with and 67.00 feet north of the south line oi
said southwest quarter of Section 34, a distance of 92.O2feet to the east line of said
Parcel "C"; thence N 0"17'52u E, along said east line, a distance of g.17 feet; thence,
leaving said east line, S 88o53'40" W, a distance of 384.04 feet to the TRUE POINT OF
BEGINNING.
Contains an area of 2,651 square feet, more or less.
201 3-086
15-A-8979
PWF 11492
EXHIBIT "C"
APN (portion)
Trail easement
A portion of Parcel "C" of LLA 2001-02 as described in that Grant Deed recorded
October 28,2005 as Document No. 2005-0255541, Official Records of Fresno County,
said Parcel "C" being a portion of Lots 8, 9 and 10 of Hansen Estates, according to the
map thereof recorded in Volume 13 of Plats at Page 31, Fresno County Recordê,
situated in the southwest quarter of Section 34, Township 12 South, Ránge 20 East,
Mount Diablo Base and Meridian, according to the Official United States Government
Township Plat thereof; said portion being more particularly described as follows:
COMMENCING at the southwest corner of said Section 34; thence N O'17'52" E, along
the west line of said southwest quafter of Section 34, a distance of 70.00 feet to the
southwest corner of said Parcel "C" and the TRUE POINT OF BEGINNING of this
description; thence S 89"42'08" E, along the south line of said Parcel "C", a distance of
24.06 feet; thence, leaving said south line, N 88"53'40" E, a distance of 384.04 feet to
the east line of said Parcel "C"; thence N 0o17'52'E, along said east line, a distance of
23.83 feet; thence S 89'50'36u W, parallel with and 1OO.OO feet north of the south line
of said southwest quader of Section 34, a distance of 131 .22ieet; thence
S 88o53'40" W, a distance of 276.85 feet to the west line of said Parcel "C", said west
line also being the west line of the southwest quarter of Section 34; thence
S 0'17'52" W, along said west line, a distance of 25.42feet to the TRUE POINT OF
BEGINNING.
Contains an area of 10,461 square feet, more or less.
2013-086
15-A-8979
PWF 11492