HomeMy WebLinkAboutHarris_Scott A Agmt for purchase and sale of a street easemenet Clinton Ave and Palm Ave Intersection Project:RE&at ul-oq Ê LÐt+ -t7ê
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AGREEMENT FOR PURCHASE AND SALE OF A STREET EASEMENT
AND ESCROW INSTRUCTIONS
clinton Avenue and palm Avenue lntersection project
Gity Project Number: pW00707
SCOTT A. HARRIS, as Trustee of the Scott Harris 2015 Trust dated February 3,2015, hereinafter called the "Grantor," without regard to number or gender, herêby
offers to sell to the CITY OF FRESNO, a municipal corporation, hereinãfter called thé"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 ishereinafter for convenience referred to as the "subject proþerty," being a street
easement within Assessor's Parcel Number which is situated in tne City ot
Fresno, County of Fresno, State of California, more particularly described as follows:
Exhibits "4" and "B' relative to a permanent street easement, hereto attached and
reference made a part of hereof
2' The purchase price for the subject property shall be the sum of TWO
THOUSAND SEVEN HUNDRED TWENTY AND 00/100 DOLI-ARS ($2,220) as just
compensation
3. Sellers acknowledge that the City has the power to acquire the subjectproperty for public purposes by eminent domain. lf title does not pass to the City w¡ifr¡n
the time provided by this Agreement, the City may begin eminent domain procéedings
to acquire such possession or title. The parties agree and stipulate that the net sumpayable to Sellers hereunder shall be conclusively deemed to be the total just
compensation payable in such proceedings, and this Agreement may be filed with thecourt 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
easement described on Exhibit "4" and depicted on Exhibit "8", 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 subjec-tproperty by the City, including the right to remove and dispose of improvements within
the permanent street easement, shall commence on December g1, 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 wanants that it has the authority to make the offer
hereín made, and that it holds fee tifle to said real property.
7. The sale shall be acquired by the City of Fresno which shall handle the
transaction via an internal escrow.a. The City shall pay the Grantor(s) the sums due directly by check.b. The escrow fee, cost of policy of title insurance, recoiding fees (if any), and
all other closing e¡sts shall be caid by the City.c. Disbursements of the purchase price shall be in accordance with the terms
and conditions of this Agreement.
L Miscellaneous Provisions:a' Waivçr. The waiver by either party of a breach by the other of anyprovision of this Agreement shall not constitute waiver or a waiver ót any subsequent
breach of either the same or a different provision of this Agreement. No prôvision oi thit
Agreement may be waived unless in writing and signed by all parties to in¡s Agreement.
Waiye¡ of any one provision herein shall rot be deemed to'be a waiver otãny otherprovision herein.
?. 9gvprning.Law and venue. This Agreement shall be governed
by, and construed and enforced in accordance with, the laws of the State of ialifornia.Venue for purposes of the filing of any action regarding the enforcement orinterpretation of this Agreement any rights and duties fiereunãer shall be in Fresno,
California.c. Headinos. The sedion headings in this Agreement are for
convenience and reference only and shall not be construed or nelO ¡n any way toexplain, modify or add to the interpretation or meaning of the provisioni 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. lntgrotetation. The parties acknowledge that this Agreement inits final form is the result of the combined hould anyprovision of this guity shail
not be resolved but-rather
by construing th eir generally accepted meaning.
f . . Attofnev's Fees, lf either party -is
reqLired to commence anyproceeding or legal action to enforce or interpret any térm, covenant or condition of thisAgreement, the prevailing party in such proceeding -or
action shall be entifled to recover
from the other party its reasonable attorney's fees ànd legal expenses.g' Precedence of Documents. ln the event of any conflict betweenthe body of this Agreement and any Exhibit or Attachment heretô, the terms andconditions 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 bedeemed exclusive but shall, wherever possible, be cumulative with all other remedies atlaw or in equity.i. Exhibits and Attachments. Each Exhibit and Attachmentreferenced herein is by such reference incorporated into and made a part of this
Agreement for all purposès.
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0ts[GINAt
j. Extent of Aoreement. 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, 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 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.
11. 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, 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 cost
and 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. Selle/s obligations under
this indemnity shall survive the close of escrow and the recording of the grant deed.
SIGNATURE PAGE TO FOLLOW
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0tslGlNAt
SIGNATURE PAGE
Address of Sellers;
Date: ' 17" 15
APPROVED AS TO FORM:
DOUGI.AS T. SLOAN
City Attorney
By
¡45c1**l
Date:
fiiìlTt:itff
RECOMMENDED FOR APPROVAL
BY:
Date: -?-rluS
crw
Andrew J.
Address of City:
City of Fresno
Public Works Department
2600 Fresno Street, Room401g
Fresno, CAggT2l-9629
ATTEST:
WONNE SPENCE, CMC
City Clerk
SELLERS:
U. A. Pete Caldwell,
Senior Real Estate Agent
Public Works
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EXHIBIT "A"
APN (portion)
Street easement
A portion of Lot 45 of Terrace Gardens, according to the map thereof recorded in
Volume 11 of Plats at Page 8, Fresno County Records, more particularly described as
follows:
COMMENCING at the southwest corner of said Lot 45; thence N Oo24'38" E, along the
west line of said Lot 45, a distance of 15.11 feet to a point of cusp of a tangent curve
concave northeasterly and having a radius of 15.00 feet, said point being the north
corner of that parcel granted to the City in fee simple title by a Grant Deed recorded
May 9, 1973, as Document No. 43351, in Book 6162 at Page 284, Official Records of
Fresno County, said point also being the TRUE POINT OF BEGINNING of this
description; thence, leaving said west line, southeasterly, along the northeasterly line of
said parcel granted to the City and along the arc of said curve, through a central angle
of 90"24'46", an arc distance of 23.67 feet to the south line of said Lot 45; thence
N 89o59'52" E, along said south line and tangent to said curve, a distance oI 2.28leel;
thence N 4447'45" W, a distance o124.50 feet to said west line; thence S Oo24'38" W,
along said west line, a distance oÍ 2.28 feet to the TRUE POINT OF BEGINNING.
Contains an area of 102 square feet, more or less.
2015-003
15-A-9104
PWF 11877