HomeMy WebLinkAboutSingh_Sudeep Sari - Purchase and sale of street easement right-of-way - Herndon Avenue between Fresno Street and Freeway 41 APN 303-170-70 (2)KcsoL -¿-otí: lFlT
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AGREEMENT FOR PURCHASE AND SALE OF A STREET EASEMENT &
RIGHT.OF.WAY AND ESCROW INSTRUCTIONS
Herndon Avenue between Fresno street and Freeway 41
APN
Gity Project No.: pW 0005g1
Sudeep Singh and Sari Singh, hereinafter called the "Seller(s)," without regard to number orgender, hereby offers to sell to the CITY OF FRESNO, a municipal corporation, hereinaftercalled the "City," the hereinafter described street easement on the following'terms andconditions:
1. The real property which is the subject of this Agreement are situated in the City ofFresno, County of Fresno, State of California and may heieinafter for convenience be referredto as the "subject property," being an street easement and right-of-way for pedestrian walkway,bicycle path and landscaping purposes is locate I at the norti side of Herndon Avenue west ofFresno Street, and is contained within Assessor's Parcel Numbers and which ismore particularly described as:
Exhibits "A" and "8" relative to street easement and right-of-way for pedestrian
walkway, bicycle path and landscaping purposes and-by reference maOe a part
of hereof.
2' The total purchase price for the subject property, including any cost to curedamages as detailed in the Appraisal Summary Stãtement OateO May 1 Z, ZOiS shall be thesum of E|GHTEEN THOUSAND ZERO HUNDRT D AND 00/100 DOLLARS ($18,000) as just
compensation for this property.
3. Seller(s) acknowledge that the City has the power to acquire the subject propertyfor public purposes by eminent domain. lf title does not pass to ine City within itr"'tir"provided by this Agreement, the City may begin eminent domain proceedingi to acquire suchpossession or title. The parties agree and stipulate that the net sum payable to Seller(s)hereunder shall be conclusively deemed to be the total just compensation payable in suchproceedings, and this Agreement may be filed with the court as stipulation upon whichjudgment may be entered in the eminent domain proceeding as to the just compensation to bepaid to sellers. seller(s) waive all other defenses in said prıceeding.
4' lt is understood and agreed by and between the parties hereto that the streeteasement and right-of-way for pedestrian walkway, bicycle path and landscaping described onExhibit "A" and depicted on Exhibit "8" are permanent easements.
prov il:::f"y,. Xil ::l'åfÌ^y3l'i"".ili:i:iii:',iil";City, ispose of improvements within ihe permanent streetease ber 30, 2015, or close of escrows controlling these
8114t2015 Page 1 of 5
transaction, whichever occurs first, and the amount shown in Paragraph 2 above includes, but
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 title exceptions noted
in 7.b below.
7. The sale shall be completed through an escrow to be opened at Fidelity National
Title Company,7475 North Palm Avenue, Suite 106, Fresno, California93711 under Escrow
Number 12-302402-BW. Said escrow shall be opened upon the following terms and
conditions, and the Seller and City by their signature to this Agreement make this paragraph
their escrow instructions:
a. The City shall deposit the sums specified in Paragraphs 2 of this Agreement and
the closing costs in escrow upon receipt of a demand and statement from said title
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 deliver to the City a
fully executed and acknowledged and recorded easement deed to the subject property
and when said escrow holder stands ready to issue to the City a standard title insurance
policy 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, 3,4, 5, 6, 7 ,8, 9, 10, 11,
12,13, 14, 15, 16, 17 , 18, 19, 20, 21, 22,23, 24, 25, 26, 27 , 28, 29, 30, 31 , 32, 33, 34,
35, 37, and 38 contained in the Preliminary Title Report No.12-30402-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 propefty. lt is further Seller's
responsibility 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 cost to convey the title
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 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.
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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 in Fresno, California.
c. Headinqs. The section headings in this Agreement are for convenience and
reference only and shall not be construed or held in any way to explain, modify or add to
the interpretation or meaning of the provisions of this Agreement.
d. Severabilitv. 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. lnterpretation. 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. Attornev's Fees. lf either party is required to commence any proceeding or legal
action to enforce or interpret any term, covenant or condition of this Agreement, the
prevailing party in such proceeding or action shall be entitled to recover from the other
party its reasonable attorney's fees and legal expenses.g. Precedence of Documents. ln 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 Aqreement. 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 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 the
Buyer, its officers, agents, employees, and volunteers from any liability, loss, fines, penalties,
forfeitures, claims, expenses, and costs, whether incurred by the Seller, Buyer, 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 Closing. 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,
8t14t2015 Page 3 of 5
OMGINAIL
without limitation, consultants, engineering, investigator fees, clean up or disposal costs and
attorneys' fees, and damages.
11. tt is understood and agreed that as a condition precedent hereto, this Agreement
shall have no force and effect until approved by the Council for the City of Fresno. This
Agreement is to remain open for one hundred and twenty (120 days) from the date hereof, and
that upon its duly authorized execution within said time by the City, this Agreement shall
become a contract for the purchase and sale of subject property binding upon Sellers and City,
their heirs, executors, administrators, successors in interest, and assigns
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Signature Page
This Agreement is executed by the City of Fresno by and through the Public Works Director or
his designee of the City of Frej¡no pursuant to granted by the Council of the City of
Fresno on lD-ZZ-Lolí Rruo¡-ulJöN 'zo
RECOMMENDED FOR APPROVAL
BY:R
CITY OF F
BY:
ndrew J.nêlli, Director
Depa of Public Works
Address of City:
City of Fresno
Public Works Department
2600 Fresno Street, Room 4019
Fresno, CA93721-3623
ATTEST:
WONNE SPENCE, CMC
City Clerk
BY: t ltglts
lllor.co l{tv+iq1,g -v<t.*s w?Deputy
Mailing Address of Seller:
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
to.Z.f f
Deputy
SELLER(S):
Senior Real Estate Agent
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EXHIBIT "ff
APN (portion)
Traileasement
A podion of Lot 10 of Hom Addition to Pinedale, according to the map thereof reærded
in Volume 10 of Plats at Page 18, Fresno Gounty Records, situated in the southeast
quarter of Section 33, Township 12 South, Bange 20 East, Mount Diablo Base and
Meridian, according to the Official United States Govemment Township Plat thereof,
more particularly described as follows:
COMMENCING at the southeast comer of said Section 33; thence N 0o17'52' E, along
the east line of said southeast quarter of Section 33, a distance of 70.00 feet to the
southeast comer of that portion of East Hemdon Avenue vacated by City of Fresno
Resolution No. 89-21 recorded December 12, 1989 as Document No. 89136839,
Official Records of Fresno County, and quitclaimed by the City of Fresno by a Quitclaim
Deed recorded December 12,1989 as Document No. 89136838, Official Records of
Fresno County, said southeast comer being the TRUE POINT OF BEGINNING of this
description;thence N 89o42'08" W, along the south line of said vacated and quitclaimed
portion of East Hemdon Avenue, a distance of 18.94 feet;thence N 67o06'52n W, along
the southwesterly line of said vacated and quitclaimed portion of Easl Hemdon Avenue,
a distance of 36.23 feet;thence, leaving said soulhwesterly line, N 88'53'40" E, a
distance of 3.63 feet; thence N 50"01'29u E, a distance of 1 1.50 feet; thence
N 88'53'40n E, â distance ol ¿1O.00 feet to the east line of said southeast quarter of
Section 3'Íl;thence S 0o17'52'W, along said east line, a distance o|.22.42 feet to the
TRUE POINT OF BEGINNING.
conta¡ns an area of 850 square feet, more or less.
REVISED 10123114
2013-088
15-A-8981
PWF 11492