The URL can be used to link to this page

Home My WebLink AboutSweet, Gene E. and Trudy V. - Purchase and Sale of an Easement for 7245 E. Belmont Ave.Rs-sal ¿r:t5- I fi lÐ-'¿z-¿0 Ií AGREEMENT FOR PURCHASE AND SALE OF AN EASEMENT AND ESCROW INSTRUCTIONS Belmont Avenue bet rrimmer springs Road & Armstrong Avenue "ou liT?iilàï:#enue GENE E. SWEET, and TRUDY V. SWEET, hereafter called the "Grantors", without regard to number or gender, hereby offers to sell to the ClTy OF FRESNO, a municipal corporation, hereinafter called the "City," the hereinafter described surface water pipeline easement on the following terms and conditions: 1' The real property easement which is the subject of this Agreement, andwhich is hereinafter for convenience referred to as the i'subject propérty," being a surface water pipeline easement (3,412 square feet) and a temporary construction easement (10,152 square feet) within Assessor's Parcel Numbers 319-071-30 which is situated in the, County of Fresno, State of California, more particularly described as follows: Exhibit "4" and depicted in Exhibit "8" relative to a permanent surface water pipeline easement and Exhibit "C" and depicted in Exhibit "D" relative to the temporary construction easement, hereto attached and reference made a part of hereof 2. The purchase price for the subject property shall be SEVENTEEN THOUSAND THREE HUNDRED DOLLARS AND 00/100 DOLLARS ($t7,300) as just compensation for the permanent surface water pipeline easement and the value of the temporary construction easement is $4,600. The total compensation for the permanent easement and temporary construction easement is $21, 900. 3. Sellers acknowledge that the City has the power to acquire the subject properties for public purposes by eminent domain. lf title does not pass to the ôitywithin the time provided by this Agreement, the City may begin eminent domain proceedings to acquire such possession or title. The parties agrée and stipulate that the net sum payable to Sellers hereunder shall be conclusively deemed to be the totaljust 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. Sellers waive all other defenses in said proceeding. 4. lt is understood and agreed by and between the parties hereto that the surface water pipeline easement in Exhibit "4" and depicted Exhibit "8" for the property is a permanent surface water line easement. 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 property by the City, including the right to remove and dispose of improvements within l\lIA\tI 8t't3t2015 6' seller represents and warrants that it has the authority to make the offerherein made, and that it holds fee title to said easement and can tonv"y the subjectproperty free and clear of all liens, encumbrances, and restrictions of record except forthe title exceptions noted in 7.b below. 7 ' The sale shall be completed through an escrow to be opened with Escrowofficer Darryl Evans (559261-291'0) at Placei Tifle_ company, za+s North lngramAvenue, Suite 101, Fresno, California 93711 under Escrow Number 2110-472. Saidescrow shall be opened upon the following terms and conditions, and the seller andCíty by their signature to this Agreement rr-k" this paragraph their escrow instructions: . sums specified in paragraphs 2 of this "åì:ro* upon receipt of a demand and ;, less Seller's cost to clear tifle, if any, may be madeto seller only when escrow holder possesses "no ir ¡Ã " öã!ii¡"r o deliver to thecity a fully executed and acknowledged and recorded easement deed to thesubject property and when said escr standard tifle insurance policy gua and clear of all liens, encumbrãnc 1, 2, 3, 4, 5, 6, 7, g, g, 10, 11, Preliminary Tifle Report No. 2110_4 Company.c. lt is understood that Seller s of title insurance, recording fees (if any),id by the City. Seller will pay any cost to n the condition described in i.U aOove.e price to be in the amounts, at the tímes, the terms and conditions and subject to thelimitations of this Agreement. 8. Miscellaneous provisions: a. Waiver The waiver by either of this Agreement shall not cons breach of either the same or a d provision of this Agreement may be parties to this Agreement, Waiver herein. ement shall be governed by, and the laws of the State of California.venue for purposes of the filing of any action regarding the enforcement or 8113t2015 ORIGINAI interpretatio_1 of this Agreement any rights and duties hereunder shall be inFresno, California.c' Headinqs' The section headings in this Agreement are for convenienceand reference only and shall not be construed ır held in any way to explain,modify or add to the interpretation or meaning of the piovisions of thisAgreement.d. Severabilitv' The provisions of this Agreement are severable. Theinvalidity, or unenforceability or any one provis-ion in this Agråement shall notaffect the other provisions.e. lnterpretation' The parties acknowledge that this Agreement in its final formis the result of the combined efforts of this Agreement be found to be a be resolved by construing this Ag rather by construing the terms i meaning.f' Attornev's Fees' lf either party is required to commence any proceeding orlegal action to enforce or interpret any term, covenant or condition of thisAgreement, the prevailing party in sr ch proceeding or action shall be entifled tore easonable attorney's fees and legal expenses.g' ln the event of any conflict between t'he body ofth or Attachment heróto, the terms and conditionsof hall control and take preceOencã ou"¡. the termsand conditions expressed within the Exhibit or Attachment.h. Cumulative Remedies. No remedy or election hereunder shall be deemedexclusive but shall, wherever possible, -be cumulative with all other remedies atlaw or in equity.i' Exhibits-and Attachments. Each Exhibit and Attachment referenced hereinis by such reference incorporated into and made a part of th¡s Ágr""r"nt for allpurposes.j' Extent of Agreement Elch party acknowledges that they have read andfully understand the contents of this I greement. Th-is Agreer"át represents theentire and integrated agreement between the parties wiih respect to the subjectmatter hereof. . and supersedes all prior negotiations, räpresentations oragreements, either written or oral. This Agreement may be modified only bywritten instrument duly authorized and executed by both tnä City ánd the Sellers. 9' Time is of the essence of each and every term, condition, and covenanthereof. 10. Environmental lndemnity Seller shall indem and defendthe Buyer, its officers, agents, employees, and voluntee , loss, fines,penalties, forfeitures, claims, expenses, and costs, w the Seller,Buyer, or any other third party, arising direcfly or indirecfl presence ordisposal of any hazardous substances or m law, regulation, or rule) in, on, or about indemnity shall include, without limitation Environmental Response, Compensation (CERCLA), or any other federal, state or local law whether statutory or common law,ordinance, or regulation. costs or losses covered will include, w¡tnout limitation, 8t'13t2015 0mIGImAt consultants, engineering, investigator fees, clean up or disposal costs and attorneys,fees, and damages. 11. lt is understood and agreed Agreement shall have no force and effect Fresno. This Agreement is to remain op the date hereof, and that upon its duly a this Agreement shall become a contrac binding upon Sellers and City, their heir interest, and assigns SIGNATURE PAGE TO FOLLOW 8t13t2015 0mIGrmAt SIGNATURE PAGE This Agreement is executed by the City of Fresno by and through the Assistant public Works Director or his designee of said City pursuani to authoritv orantecl hv rhe Councilof the City of Fresno on RECOMMENDED FOR APPROVALIBY J. A. Pete Caldwell Senior Real Estate Agent Date Address of City: City of Fresno Public Works Department 2600 Fresno Street, Room4O1g Fresno, CA93721-3623 ATTEST: WONNE SPE Date ll-3 'k6: Address of Grantors: 7245 East Belmont Avenue Fresno, CA 93737 APPROVED AS TO FORM DOUGLAS T. SLOAN, City Attorney Date I .tç'tç By: Andrew J. Departme 8t13t2015 0mIGImAI Exhibit "A" IilATER MAIN EASEMENT APN 3 l 3-07 l-30(PORrrO¡Ð All that portion of Lot 8 of Tract No. 3059 Creekside Ranchos, according to the map theroof recorded in Volume 38 of Plats, Pages 84 antl 85, F¡esno County Recods, in the Nònhwest quarter of Section 2, Toynship 14 South, Range 21 Ëæt, Mount Diablo Base and Meridian, according to the Ofüsial United States Government Township Plat thereof, in the County of Fresno, St¿te of Californiq dessribed as follows: BEGINNING at the Northwest comer of said Lot 8; thence North 89o13'30'Easf 120.95 feet along the Norlù line of said Iot 8; thence South 44o13'30" West, 49.50 feet to apoint on a line 35.00 feet South of and parallel wíth the North line of said Lot 8; thence South SÞ"13'30,''ïV'est, 98.63 feet along said pæallel line to a point on the west line of said Lot g; thence North 19008'30" East, 37.23 feetalong said West line to the POINT OF BEGIIINING. Containing an arca of 3,842.5 square feeÇ more or less 2015-053 r5-A-9149 F:t20 l2\12-l 1 l\Word Doos\Easements\IegatsWN 3 t34?l -30-PI.JE-LGL.docx EXHIBIT 338'' NORT}'}IEST CORNER OF sEc-TtoN 2, TJ4g, R.218.. gr I EAST BELMONT AìÆNUE g T \- P.O.B. NORTHI.VEST CORNER OF LOT 8 o^t¡D ¿l ñn lo*rr* oF sEcTloN 2, T.'r45., R.2fE + IIfz E<'o llt g¡ 9Sftñ ffi."(L€ FFFo -¡- Goz s69't5'50'W 98.65' AREA I0 BE DEDICATED FOR IVATER lvtAtN EASEMENT PURPOSES. ¡{REA = 3,842.5 SQ. Ff. FRESNO COUNTY RECORDS OFF'CIAL RECORDS FRESNO COUNTY POINT OF BECINNING PREÌ4OUSLY GRANTED FOR PUBLIC ROAD PURPOSES PEE GRANT DEED RECORDED 12/20/195s tN 9K. 3698, pG, 189, O.R.F.C. PREVIOUSLY DEDICATED FOR PUEUC ROÁD PURPOSES PEB CATIIVIYFNA COLONY RECORDED IN BK, 2 OF RECORD OF SIJRVEYS AI PC. 72 F,C.R. PRE\4OUSLY GRANTEÐ FOR PUBIIC ROAD PURPOSES PER ïl{E ÍNSTRUMENT RE0oRDED 1o/o'/1e5s tN BK. J604, PG. 600, As Doc. No. 6094s, o,R:F,c. PREVIOUSLY ÇRANTED FOR FUBUC ROAD PURPOSES PER'ïllE INSTRUMENT RECoRDED 11/04/1s5s fN BK. J678, PG. 373, AS DoC. NO. 7s604,.0.n.r.C. PREVIOUSLY OEEICATED FOR PUBLIC STREET PURPOSES PER TRACT NO. 5059, CREEI(SIDE RANCHOS, REGORDED IN VOL. 5E OF PLATS, FOS. 64-85, NC.R. ALL EEARINGS, DISI/ÀNOES AND AREAS PER OR CATCUTATED FROM RECORD DATA PER ]HE MAP OF TRACT NO. 3059 CREEKSIDE RANCHOS RECORDED IN VOLUME J8 0F PLATS, PAGES 84-85, F.C.R, / 's' e#/ ou -*jl';* sEcnoN 2, T.145., R,21E, LEGENDm F.C.R, o.R.F.C. P,O.B, A A ^ ^ I LINE TABLE LINE EEARING DISTANCE Ll s44'1J3o"W 49,50' L2 Nlgr8'Jo'E 37.23' R¿T, E REV. ¡rru ¡o 2Ol5-05J x¡rl¡o 15-A-9149 CITY OF FRESNO OEFARIUENÍ # RJBUC VIORKS nÃa a_ft¡ KINGS RI\ER PIPEUNE PROJECT EXHIBIT "8" WATER MAIN EASEMENT F,.ìr JLS ot lË ø.rc 8/11 /2015¡c.l¡ SHOtilN g€ttþ. I ø 1 sc¡s 11 EXHIBIT ..C" Containinganaroaof 10,1 52.2 squarcfeet, more or less Eiþ. t2/31/15 No. 7923 F:\20 1 2\1 2- 1 il\word Doos\Eas6meht$\Legâls\apN 3 1 3-07r -30,TcE-Lcl;docx EXHIBIT ffD'' ORNER OF 1.4s,, R,21E L Èl EAST BEIIvJONT AVENUE BANB91JI5O4E 1247.38' ' i.. "-:-="!'r-r"r 'l e¿F.0,,c- IgRlIiJ/.E^r^qogNEg o._F ,tor a,g ¿ - ÞE-.- -jl+¡_95" ÞE: N. 1 OF T. I IUr Eozt f;P"O.B. 0 o LINE TABLE LINE BEARINC DISTANEE LI s4+'1JBa"w 49,50' L2 s1'9'08'Jo"l,t/5J,18', L3 SEg'1,f,tJo"l,1/74.80', F.C,R. 0.R.F.0. P.O.e. lt P.o.B. ^ A A L t oo$ { AREÂ TO TEMPORARYcoN_srRU nposgé.AREA = FRESNO COUNTY RECORDS OFFIOIAL RECORDS FRESNO COUNTY POINT OF COMMENCEMENT ÏRUE POINT OF BEGINNINC Y GRANTED FER ôRAN5INBK.J g. PRE Dr rD BLfc RoAD¡ v¡\ ONy RECORDED fNBK. Ár, pä-iä,-F.c.n. Ifi-EWOVSLY GRANTED PURPOSES PERTHE INSIRU.MENT REco irv er. ¡æ+, '. PC. 600, AS DoC. lfo. PRElrúF oAD PURPoSES PERtttt 96b lN :BK, J679,PG' c. - "' pREVrÖusLy .l_.ygUg STREET puRposEsPER IRÄCT r¡r voi. iC [i?g^¡3i1* necoÞéeó ALL BEARINGS, Dis ARE-AS PE,:R OR ÖÂ RECORD DATA PER F'^''ã -.2 ir E\p. 12ft111,s No. 7925 R.EF. E ÊEV. åi{hü i¡O tür i{0. p_qpARlrENT or BuBuc woÈrs riN]GS RIVER P|PELINE PRQ.JECT EXHIBIT "B'' ÏEMFORARY CONSTRUÇTION EASEMENT