HomeMy WebLinkAboutRosenbalm Properties Purchase and sale of a street easement McKinley and Hughes Ave Intersection Widening ProjectRË5rl zorr^ utJ
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AGREEMENTFoRiHS"J3àtf"f
ü'RSf*t5.i,å,iREETEASEMENT
IticKinley and Hughes Avenues lnte¡sec'tion Widening Projec,t
2(X2 West McKinley Avenue
City Project No.: PW 00750
ROSENBALM PROPERTIES, LLC, a Califomia limited liability company,
hereinafter called the "Seller(s)," without regerd to number or gender, hereby offers to
sell to the CITY OF FRESNO, a municipal corporat¡on, hereinafter catled thel'C¡ty," the
hereinafter described street easement on the following terms and conditions:
1. The real property which is the subject of this Agreement is situated in the City
of Fresno, County of Fresno, State of California and may hereinafter for convenience be
refened to as the "subject property," being a street easement approximately 399 square
feet ($1,915) in síze in addition a three year temporary construc.tion easement
approximately 622 square feet ($897) along with other cost to cure items (í.e. relocation
of boulders $810). The property is located at 2042 West McKinley Avenue, and is
contained within Assessol's Parcel Numbers 442-121-01 and which is more particularly
described as:
Exhibit uA" and depicted in Exhibit "8" relative to a permanent street
easement and Exhibit "C' and depicted in Exhib¡t "Du relative to the
temporary construction easement, hereto attached and reference made a
part of hereof
2, The purchase price for the subject property including cost to cure items
ShAII bE the sum of THREE THOUSAND SIX HUNDRED AND OO/1oO DOLI.ARS
($3,600) and the value of three year temporâry construction easement plus the cost to
cure the boulders is THREE THOUSAND SIXTY T\,VO AND 00/100 DOLLARS ($3,062)
equals total just compensation of SIX THOUSAND SIX HUNDREÐ STXTY fWO nUO
00/1 00 DoLLARS ($6,662).
3. Sellers acknowledge that the City has the power to acquire the subject
propgrty 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 procäedings
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 total just
compensation payable in such proceedings, and this Agreement may be filed with the
courl as stipulation upon which judgment may be entered in the emínent domain
proceeding as to the just compensetion 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 -A' and depicted on Exhibit "8", is a permanent
easement and right of way for public street purposes.
tt-9-20t5 lof4
5. lt is agreed and confirmed by the City and Selle(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 November 30, 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.
6. Seller represents and warrants that it has the authority to make the offer
herein made, and that it holds fee title to said real property.
7. The sale shall be acquired by the City of Fresno which shall handle the
transaction via an intemal escrow.a. The City shall pay the Granto(s) the sums due direcfly by check.b. The escrow fee, cost of policy of title insurance, recording fees (if any), and
all other closing costs shall be paid by the City.c. Disbursements of the purchase price shall be in accordance with the terms
and conditions 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 ãny other
provision herein.b. Governino. 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 enfotcement or
interpretation of this Agreement any rights and duties hereunder shalt be in Fresno,
California.c. Headinos. 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. lnterprelation. The parties acknowledge that this Agreement in
its final form is the result of the combined eflForts of the parties and that, should any
provision of this Agreement be found to be ambiguous in any way, such ambiguity shail
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 thil
Agreement, the prevailing party in such proceeding or âct¡on shall be entitled to recover
from the other party its reasonable attomey's fees and legal expenses.g. Precedence of Documgnts. ln the event of any conflict between
the body of this Agreement and any Exhíbit or Attachment hereto, the terms and
tl-9-2015 2of4
OBIBINAIL
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 Remedieg. 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.
readandrurryu*e,,,ffi ,,ft l13f,1[,:iî",yfi'?äffi
t,'SJ",1iT:
the entire and integrated agreement between the parties with respect to the subject
matter hereof and supersedes all prior negotiations, representat¡ons 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, fings,
penalties, forfeitures, claims, expenses, and costs, whether incurred by the Seller,
Buyer, or any other third party, arising directly or indirectly from the releàse, 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 Selle/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. Seller's obligations under
this indemnity shall survive the close of escrow and the recording of the grant deed.
SIGNATURE PAGE TO FOLLOW
tl-9-20t5 3 of4
0m[GrNAI
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 Resolution,No. 2015-187 Approvçd Qctobgr 22. 2015.
REC FOR APPROVAL
BY:
J. A. Pete Caldwell
A
CITY OF
Date
Address of City:
City of Fresno
Public Works Department
2600 Fresno Street, Room4019
Fresno, CA93721-æ23
ATTEST:
WONNE SPENCE, CMC
City Clerk
By:
Date
Address of Sellers:
2042 W McKinley Avenue
Fresno, CA 93705
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
By aâ
l,t\eq,Ð M4¡ ¡c;È -V <l^S ?,É ¿ DepUty
Date trlls ll ç
SELLERS:
Date
Senior Real Estate Agent
(.0 Benelli, Assistant Director
Date
tt-9-20t5 4of4 ffiorNar
EXHIBIT "A"
APN 442-121 {1 (portion)
Street easement
A portion of Lot 7 of Hulbert Tract, according to the map thereof recorded in Volume I
of Plats at Page 84, Fresno County Records, situated in the southeast quarter of
Section 30, Township 13 South, Range 20 East, Mount Diablo Base and Meñdian,
according to the officlal unlted statsî Govemment Township Plat thersof, ln the city of
Fresno, County of Frssno, State of Califomia, said portion being more parlicularty
described as follows:
COMMENCING at the southwest comer of said Lot 7; thence S 89"57'26' E, along the
south line of said Lot 7, a distanæ o172.44 feet to the east comer of that portion of
WEst McKinley Avenue previously dedicated by that Deed of Easement recorded
July29, 2011, as Document No.2011-0100091, Official Records of Fresno County,
said east comer belng the TRUE POINT OF BEGINNING of this dascription; thence
N 70"01'50'W, along the northedy boundary of said portion, a distance of 45.0O teet;
thence N 0o02'34o E, continuing along said northerly boundary, a distanc.e of 8.66 feet;
thence leaving said northerly boundary, S 89o57'26n E, parallelwith and 24.00 feet
north of the south line of said Lot 7, a distanæ o12.57 feet thence S 66"26'10' E, â
distance of 60.14 feet to said south linE;thencE N 89"57'26'W, along said south line, a
distance of 15.41 feet to the TRUE POINT OF BEGINNING.
Contaíns an area of 3.99 square feet, more or less.
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2015-021
15-A-9121
EXHIBIT IIBII
PARCELI OF
DOC. t{O. ÅÆ1,2'1111,
o-RF.C.
tp,r7
HUI,BERTTRACT
Pr.aT \¡oL 9; FO. 84, F.C"R"
APN¡142-121-{¡l
PARCEL2OF ì
DOC. NO. ûù8{'/i1t1414,
ROBITONOFLCII119
ROEDING'S VILT.A
COIÆ}TY
B.O,S. BK. ?, PG. {8, E'.C.B.
APN4r.2-121û2
UNETABIE
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4"5r,tÍE t6t'
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WEST MoKINLEY AVENUE
* = PREI/IOUSLY DEDICATED FOR PUBIIC STREET PURPC¡SES
BY DEED OF EASEMENT RECORDËD 7Iæ'20I1 ÂS
DOCUMENT NO. 20t 14100091, O.RF.C.
ito scÁtE
ffi INDICATESÁREA, TO BE DEDIC/.TØ
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20154/21
PIAT 2';51
CITY OF FRESNO
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PARCEL TO BE DEDIGATED TO THE CITY OF FRESNO
AS AN EÁSEMENTAI.ID RIGI.IT{F.WAY FOR
PUBLIC STREET PURPOSES
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l5-A-9121
EXHIBIT ffc"
APN 442-121 -01 (portion)
Temporary construction easement
A portion of Lot 7 of Hulbert Tract, according to the map thereof recorded in Volume 9
of Plats at Page 84, Fresno County Records, together with a portion of Lot 119 of
Roeding's Villa Colony, according to the map thereof recorded in Book 2 of Records of
Survey at Page 43, Fresno County Records, described as Parcel 2in aGrant Deed
recorded December 28,2006, as Document No. 2006-0271414, Official Records of
Fresno County, situated in the southeast quarter of Section 30, Township 13 South,
Range 20 East, Mount Diablo Base and Meridian, according to the Otficial United
States Government Township Plat thereof, in the City of Fresno, County of Fresno,
State of California, said portion being more particularly described as follows:
COMMENCING at the southwest corner of said Lot 7; thence S 89"57'260 E, along the
south line of said Lot 7, a distance of 87.85 feet to the TRUE POINT OF BEGINNING of
this description; thence N 66'26'10" V1/, a distance of 60.14 feet; thence N 89o57'26" W,
parallel with and 24.00 feet north of the south line of said Lot 7, a distance of 7.57 feet;
theoce N 0o02'34" E, â distance of 5.00 feet; thence S 89"57'26u E, parallelwith and
29.00 feet north of the south line of said Lot 7, a distance of 8.61 feet;thence
S 66o26'10" E, a distance of 60.14 feet;thence S 89"57'26'E, parallelwith and 5.00
feet north of the south line of said Lot 7 and said Parcel2, a distance of 60.81 feet to
the southeasterly line of said Parcel 2; thence S 64'08'14" W, along said southeasterly
line, a distance oI 11.44 feet to the south line of said Parcel 2; thence N 89'57'26u W,
along the south line of said Parcel 2 and said Lot 7, a distance of 51.55 feet to the
TRUE POINT OF BEGINNING.
Contains an area o1622 square feet, more or less.
2015-0217
15-A-91217
EXHIBIT ffD''
PARCEL I OF
DOC. NO.2Aú4271414,
o.R.F.C.
Lf/rT
HULBERTTRACT
PI,ATVOL.9, FG. M, F.C.R
þ'J'N4É.2-12141
UNETÆI.E
EEqR'|{G IENGIH
PARCEL 2 OF
DOC. NO.2W271414,
PORIION OF I.CYT 119
ROEDING'S VIL[,4
COLOl\TY
R.O.S. BK z,re. 4g,F.C.R.
l\PN4É,2-12142
s++'5t39 E t6.45
5'.55
UNE OF LOTT
TRUE POINTOF BEGINNING
_ s8!'5226'-E_
THE SOUTH LINE OF THE SOI'THEAST I/4 OF SECTION 30, 13/20
SOUTH I/4CORNER WEST McKINLEY AVENUE
oF sEcTloN 30, l3t2t)
* = PREVIOUSLY DEDICATED FOR PUBLIC STREET PURPOSES
BY DEED OF EASEMENT RECORDED7I29I2O11 AS
DOCUMENT NO. 201 1.01 00091, O.R.F.C.
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I
*
,NDOqTES AREA TO BE DEDIØTED
6225,F.+
LI N8f5726',W 7.57
t2 NC02'34E 5.æ
ll s8r5726',E 8.6t
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REF.&Rtr/.
2015-0217
PLAT 2251
CITY OF FRESNO
D EPART M ENf O F PU BUC WORI(S
DR.BY AJ
ot. BY RA.w.
p¡7¿ tÁAY8,2015
g3t\6 NOÍí.AIE
g-,EErNO. I
OF , sHEEfS
15-A-91217
PARCEL TO BE DEDICATED TO THE CITY OF FRESNO
AS A TEMPORARY CONSTRUCTION EASEMENT