HomeMy WebLinkAboutMartinez Alice D_ Purchase and sale of a street easementRÉSot- 2oI4 - 17,b
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AGREEMENT FOR PURCHASE AND SALE OF A STREET EASEMENT
AND ESCROW INSTRUCTIONS
clinton Avenue and Palm Avenue lntersection project
City Project Number: PW00707
ALICE D. MARTINEZ, hereinafter called the "Grantor," without regard to numberor gender, hereby offers to sell to the CITY OF FRESNO, a municipãl corporation,
hereinafter called the "City," the hereinafter described street easement on the iollowing
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 proþerty," being a street
easement within Assessor's Parcel Number which is situated ¡n the City of
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 appraised price for the subject property shall be the sum of FOUR
HUNDRED TWENTY AND 00/100 DOLLARS ($¿ZO) as compensation. The City of
Fresno has a nominal compensation policy which makes the purchase price for the
subject property the sum of FIVE HUNDRED AND 00/100 DOLLARS ($soo) as just
compensation.
3. Sellers acknowledge that the City has the power to acquire the subject
property for public purposes by eminent domain. lf title does not pass to the City w¡inin
the time provided by this Agreement, the City may begin eminent domain proceedings
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 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
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 Selle(s) that, notwithstanding
other provisions of this Agreement, the right of possession and use of the subjecl
property by the City, including the right to remove and dispose of improvements within
the permanent street easement, shall commence on December 31, 2015, or close of
escrow controlling this transaction, whichever occurs first, and the amount shown in
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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 internal escrow.a. The city shall pay the Grantor(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 any 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 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 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 thii
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 Exhibít 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 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.
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re a d a n d tu r r y u nri e,.*ffi ; 5; Hå1i,"'iî?Ji"n'å:ïiåt,.i;å [îï:the entire and integrated agreement between the parties with reépect 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 instrúment duly
authorized and executed by both the City and the Sellers.
I' 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 othenruise authorized by the
Council 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 defend
the Buyer, its officers, agents, employees, and volunteers from any liability, loss, fines,penalties, forfeitures, claims, expenses, and costs, whether incurred O/ ttre 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 deiined in anylaw, regulation, or rule) in, on, or about the Property on or before Closing. Thi;indemnity shall include, without limitation, any claims under the Compre'hensive
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 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 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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OBIG[NA[
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 November 10, 2014 Resolution No. 2014-176
RECOMMEN DED FOR APPROVAL
BY:
J. A. Pete Caldwell,
Senior Real Estate Agent
Date: \Ì-t-zorf
nt Director
SELLERS:
BY:
Alice D. Martine
Date: 12-) -l f
Address of Sellers:
Depa
Date:
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 -\le/av¡a--_
Date:
APPROVED AS TO FORM:
DOUGLAS T. SLON
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EXHIB¡T "A''
APN (portion)
Street easement
A portion of Lot 42 ol Terrace Gardens Subdivision No. 2, according to the map thereof
recorded in Volume 11 of Plats at Page 27, Fresno County Records, more particularly
described as follows:
COMMENCING at the southeast corner of said Lot 42; thence S 89'50'22" W, along
the south line of said Lot 42, a distance of 16.85 feet to a point of cusp of a tangent
curue concave northwesterly and having a radius of 15.00 feet, said point being the
west corner of that parcel granted to the City in fee simple title by a Corporation Grant
Deed recorded May g, 1973, as Document No. 43302, in Book 6162 at Page 205,
official Records of Fresno County, said point also being the TRUE POINT OF
BEGINNING of this description; thence, leaving said south line, northeasterly, along the
northwesterly line of said parcel granted to the City and along the arc of said curve,
through a central angle of 89"25'44", an arc distance of 23.4'l feet to the west line of
said parcel granted to the City; thence N 0"24'38" E, along said west line, parallel with
and 2.00 feet west of the east line of said Lot 42 and tangent to said curve, a distance
of 0.38 feet; thence S 45'07'30u W, a distance of 21.65 feet to said south line; thence
N 89'50'22" E, along said south line, a distance of 0.38 feet to the TRUE POINT OF
BEGINNING.
Contains an area of 69 square feet, more or less.
2015-002
15-A-9103
PWF 11877