HomeMy WebLinkAboutMagdaleno, Maria C. - Property P/S of Street Easement for APN 329-020-561*tç+c8 1re M j__A
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AGREEMENT FOR PURCHASE AND SALE OF STREET EASEMENT
AND ESCROW INSTRUCTIONS
Almy Avenue and Roy Avenue Street Widening
APN 329-020-56
City Project Number: PW00694
Maria C. Magdaleno, hereinafter called the "Grantor," 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 street easement which is the subject of this Agreement, and which is
hereinafter for convenience referred to as the "subject property," being a street
easement approximately 9,164 square feet in size and is located within Assessor's
Parcel Numbers 329-020-56 which is situated in the City of Fresno, County of Fresno,
State of California, more particularly described as follows:
Exhibit "4" and "8" relative to a permanent street easements, hereto attached
and reference made a part of hereof
2. The purchase price for the subject property shall be the sum of THtRTy
SIX THOUSAND ZERO HUNDRED DOLLARS ($36,000.00) as just compensation for
the street easement.
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 Ôity
within the time provided by this Agreement, the City may begin eminent domaiñ
proceedings to acquire such possession or title. The parties agree 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
street easement in Exhibit "A" ar'ìd depicted on Exhibit "B", is a permanent easement and
right of way for public street purposes.
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
the permanent street easement, shall commence on August 31 , 2015, or close of
escrow controlling this 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.
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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 tonvey the subjectproperty free and clear of all liens, encumbrances, and restrictions of record "r."pifo,.the title exceptions noted in 7.b below.
7. The sale shall be completed through an escrow to be opened at FidelityNational Title Company,7485 North Palm Avenue, Suite 106, Fresno, Californiag3Tli
under Escrow Number FFOM -2011402311-BW. Said escrow shall be opened upon thefollowing terms and conditions, and the Seller and City by their signature to thisAgreement make this paragraph their escrow instructions:
a' The City shall deposit the escrow and title costs upon receipt of demand
and statement from said tifle company therefor.b. When escrow holder possess
fully executed and acknowledged a
property and when said escrow h
standard title insurance policy guara
and clear of all liens, encumbrances and restrictions of record, except for: ltems1,2,3,4, 5,6, 7, 8 and 9, contained in the preliminary Tífle Report No. FF9M _
2011402311-BW dated September 18, 2014 from Fidelity National Ti¡eCompany, then escrow shall close and the deed of easement reóorded.c' lt is understood that Seller shall be responsible for the payment of alltaxes, penalties, redemptions, and costs allocable to the subject property. lt isfurther Seller's responsibility to apply to the County Tax Colle'ctor for any refund
or decrease in taxes which may be 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 toconvey the title to the subject property in the condition described ih Z.O above.
B. Miscellaneous provisions:
of a breach by the other of any
ver or a waiver of any subsequent
his Agreement. No provision of this
and signed by all parties to this Agreement.
of be deemed to be a waiver of any otherprovision herein.b. Governinq Law and Venue. This Agreement shall be governed by, andconstrued and enforced in accordance with, the laws of the State of ıalifornia. Venu"for 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 Headings. The section headings in this Agreement are for convenienceand reference only and shall not be construed or held in any way to explain, modify oradd to the inte_rpreiation or meaning of the provisions of this Ágreáment. '-
d. Severabilitv. The provisions of this Agreement are severable. Theinvalidity, or unenforceability or any one provision in this Agreement shall not affect theother provisions.
, e. lntero-retation. The parties acknowledge that this Agreement in its finalform is the result of the combined efforts of the partiel and that, shıuld any provision ofthis Agreement be found to be ambiguous in any way, such ambiguity-snalt not be
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OMGINAL
resolved by construing this Agreement in favor of or against any party, but rather byconstruing the terms in accordance with their generally accepted meaning.
f . Attornev's Fees. lf either party is required to commence ãny proceeding
or legal action to enforce or interpret any term, covenant or condition of thié Agreemenithe prevailing party in such proceeding or action shall be entitled to recovei from the
other party its reasonable attorney's fees and legal expenses.g. Precede.nce of Documents. ln the event of any conflict between the body
of this Agreement and any Exhibit or Attac rment hereto, theierms and conditions of thó
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 allpurposes.
i. Extqnt of Aqreement. Each party acknowledges that they have read and
fully understand the contents of this Agreement. This Agreement représents 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 ororal' This Agreement may be modified only by written instiument duíy 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. lt is understood and agreed that as a condition precedent hereto, this
Agreement shall have no force and effect until approved or otherwise authorized by theCouncil for the City of Fresno. This Agreement is to remain open for one hundred andtwenty (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.
11. Environmental lndemnity Seller shall indemnify, hold harmless, and defendthe Buyer, its officers, agents, employees, and volunteers from any liability, loss, fines,penalties, forfeitures, claims, expenses, and costs, whether incúrred ny tne Seller,
Buyer, or any other third party, arising directly or indirectly from the release, presence ordisposal of any hazardous substances or materials (as now or hereafter deiined in anylaw, regulation, or rule) in, on, or about the Property on or before Closing. Thi;indemnity shall include, without limitatior, any claims under the Comprehensive
Environmental Response, Compensation and Liability Act of 1ggo, 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. Upon written notice from the Buyer, the Seller, at Seller's sole cóstand expense, shall immediately assume the defense of any claims, suit or action
brought against the City by any public body, individual, partnership, corporation or other
legal entity, relating to any matter covered by this paragraph. Seiler's óbligations under
this indemnity shall survive the close of escrow and the recording of the grant deed.
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OMBINAIL
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 pursuant to authority granted by the Council
of the City of Fresno on is /.L- ft
RECOMMENDED FOR APPROVAL SELLERS:
BY
Senior Real
Date lt:"
Estate Agent
8-70l.f
CITY OF FRESNO Address of Sellers
4349 Banson Street
Acton, CA 93510r - Andrew J. Benelli, Assistant Director1v Department of Public Works
Address of City:
City of Fresno
Public Works Department
2600 Fresno Street, Room4019
Fresno, CA93721-3623
ATTEST:
WONNE SPENCE, CMC
City Clerk
By
APPROVED AS TO FORM:
Douglas T. Sloan
City Attorney
8' \s'ìl
Deputy
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EXHIBIT'A'
APN 329-020-56 (portion)
Street easement
according to the map thereof recorded in
ounty Records, being a portion of Lot 66
e map thereof recorded in Volume 2 of
ore particularly described as follows:
e
hence easterly, northerly and westerly,
a central angle of 261"51,09u, an arc
Contains an area of g,164 square feet, more or less.
2014-045
15-A-9025
PWF 11747
CENTERLINE OF WEST ROy AVENUE =SOUTH LINE OF THE NORTH 1,2
OF TTIE NORTH I2 OF LOT 95 SEE DETAILS
ON SHEET 2
EXHIBIT IIBI'
SHEET 1 OF 2
WEST NORTH AVENUEN9rß2gw 264ó,57
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SOUTH LINE OF THE
NORIH I/2 OF LOT 95
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IND/CATES AREA TO BE DEDI.#,TED
?,t64 S,F.+
NO SCALF
oFSEcïoN 28,14t20 .r¡vvv r ^vr-rrrJE ÄLIGNMENT
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REF,& REY.
2ü4-A45
PWF 11747
P!-AT 3355
CIry OF FRESNO
DEPARTMENT O F P U B U C WO RKS
PARCEL TO BE DEDICATED TO THE CITY OF FRESNO
AS AN EASEMENTAND RIGHT.OF.WAY FOR
PUBLIC STREET PURPOSES
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el. By RJ\W
p¡¡ lULY9,20l4
s¡-lEErNo. Ior 2 ffEErs
15-A-9025
NORTHEÄST CORNER OF LOT 95 &
NORT}IWEST CORNER OF PARCEL I
{
$ wesr
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sgf43'44. E
CENTERUNE OF
WESTROYAVENUE=
THE SOUTH LINE OF THE
NORTH 12 OFTHE
NORT}I I2 OF LOT 95
ROY AVENUE
s8r$'49 E
SOUIHEA$T CORNER OF
IHE NORITI I/2 OF THE
NOR'IH I/2 OF LOT 95
E
s 89p43'49 E 0.23'
SEE DETAIL "A"
SOUTHEAST CORNER OF
THE NORTH I¡2 OF LOT 95
/NDICnTES AREA TO BE DEDICAT EDg,l64s.F.+
EXHIBIT IIB''
SHEET 2 OF 2
APN 329-020-56
THE NORTH I/2 OF II{E
NORTH I/2 OF IOT 95
A
AWEST ROY AVENUE
EXISTING SOUTH RIGI.ITOF-WAY
LINE OF W. ROYAVE, BEING
PAMLLEL WTH AI.ID lgS.0O FEET
NOR'I}I OF'IHE SOUTH LINE OF
THE NORTH I/2 OF LOT 95
POINT OF BEGINNING
s 8r4t4& E 0.23'
DETAIL'A"
NO SCALE
REF.& REY.
2014-045
PWF 11747
P|-AT 3355
Qrv oF FREsño
DEPARTMEI.JT O r P U S UC WARK'-
PARCEL TO BE DEDICATED TO THE CITY OF FRESNO
AS AN EASEMENTAND RIGHT-OF.WAY FOR
PUBLIC STREET PURPOSES
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D/.rE JULY9,20I4
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