HomeMy WebLinkAboutAgreement A-21-114 Settlement of Eminent Domain Action.pdfSETTLEMENT OF EMINENT DOMAIN ACTION
County of Fresno v. Patrica A. Rogers, et al.
Case No. 20CECG01833
RECITALS
On June 25, 2020, plaintiff COUNTY OF FRESNO ("COUNTY") filed a Complaint in
Eminent Domain in the Fresno Superior Court (Case No. 20CECGOI833, entitled County of
Fresno v. Patricia A. Rogers, et al.) against defendants PATRICIA A. ROGERS; FARRAH
MIRZAEE; ANNA MIRZAEE; ALPHA & OMEGA ROGERS FAMILY TRUST, LLC, a Texas
Company; ALTA IRRIGATION DISTRICT; and DOES 1 through 25, inclusive (hereinafter
"Condemnation Action").
Through the Condemnation Action, COUNTY sought to acquire a pennanent easement as
a partial acquisition from a larger parcel located at 22603 East Lincoln Avenue, Reedley,
California 93654 and further identified as APN 3 73-310-34, which is designated by COUNTY as
Parcel 3 (hereinafter refened to as "PARCEL 3").
ANNA MIRZA EE and FARRAH MIRZA EE are joint owners in fee of PARCEL 3. Title
to PARCEL 3 is vested in the name of ANNA MIRZAEE, a single woman and FARRAH
MIRZAEE, a single woman as to an undivided 1/3 interest, and in the name of PATRICIA A.
ROGERS, an unmarried woman as to an undivided 2/3 interest.
This Settlement Agreement ("Agreement") is entered into by ANNA MIRZAEE and
FARRAH MIRZAEE (hereinafter collectively referred to as "Grantors"), as joint fee owners of
PARCEL 3, and the COUNTY. The COUNTY and Grantors are referred to collectively herein as
"the Parties".
A legal description of the permanent easement is attached as Exhibit "A" and is
incorporated into this Agreement by reference. A map portraying as far as practicable the location
of the permanent easement is attached as Exhibit "B" and is incorporated into this Agreement by
reference.
The partial acquisition of PARCEL 3 is needed to replace the Travers Creek Bridge, a
wooden two-lane bridge on Lincoln Avenue, a public roadway in the County of Fresno, with a
new two-lane box culve1i bridge (hereinafter the "Project").
The real property subject to COUNTY'S Condemnation Action is zoned a limited
agricultural district, with a 20-acre minimum. There are no permanent plantings or building
Settlement of Eminent Domain Action -Case No. 20CECG01833
21-0183 Agreement No. 21-114
improvements on PARCEL 3. As a result of COUNTY'S acquisition, there will be no damages
to the remainder of PARCEL 3 not subject to the COUNTY'S acquisition. Landscaping in the
fonn of ground cover will be affected by the COUNTY'S acquisition.
TERMS
1. Purchase Price and Title COUNTY shall pay Grantors a total of Two Thousand
Five Hundred Dollars ($2,500.00) for the condemnation of all rights and interests in the part to be
acquired identified in PARC EL 3 and described in Exhibit" A". The Parties agree that this amount
is the fair value for COUNTY'S acquisition of the easement interests over PARCEL 3. Grantors
agree that the payment of the amount specified above shall be the full payment to Grantors for
COUNTY'S acquisition of the interests in PARCEL 3 as herein described, and for all damages of
every kind and nature suffered, or to be suffered, by reason of COUNTY'S acquisition of the
herein described interests to include, but not limited to, severance damages to the remainder from
the part acquired, all cost to cure items, loss of income and profits, loss of goodwill, removal
expenses, loss of fixtures and equipment, and pre-condemnation damages. This sum shall be paid
by settlement draft as follows:
a. Payment of Settlement Draft COUNTY shall issue a settlement draft in the
amount of Two Thousand Five Hundred Dollars ($2,500.00), payable to "ANNA
MIRZAEE and FARRAH MIRZAEE" and mailed to FARRAH MIRZAEE at 4550 West
63 rd Street, Los Angeles, California 90043. Upon receipt of the settlement draft in the
amount of $2,500.00, FARRAH MIRZAEE, will execute an Acknowledgment and Receipt
of Settlement Draft to be prepared by COUNTY. The executed Acknowledgment and
Receipt of Settlement Draft shall be delivered to the County of Fresno Office of County
Counsel c/o Katwyn T. DeLaRosa, Deputy County Counsel, 2220 Tulare Street, Suite 500,
Fresno, California 93 721.
b. Warranty of Title and Interest Grantors warrant they possess lawful title and are
authorized to sell the interest in the part to be acquired as described in Exhibit "A".
c. Apportionment The total appraised value for the COUNTY'S acquisition of the
easement interest is Seven Thousand Five Hundred Dollars ($7,500.00). COUNTY shall
pay exclusively to Grantors, the entire sum of the amount set forth in Paragraph la,
representing Grantors' 1/3 interest in PARCEL 3. This sum shall constitute COUNTY'S
entire monetary obligation to Gran tors for the acquisition of the easement interest identified
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Settlement of Eminent Domain Action -Case No. 20CECG01833
in PARCEL 3, herein described in this Agreement.
2. Delivery of Documents For consideration paid as the agreed upon compensation
for COUNTY'S acquisition of the interest in PARCEL 3 described in this Agreement, Grantors.
will execute a Grant of Easement Deed to the County of Fresno and a Right of Way Contract for
PARCEL 3. The executed Easement Deed (notary required) and Right of Way Contract shall be
delivered to the County of Fresno Office of County Counsel c/o Katwyn T. DeLaRosa, Deputy
County Counsel, 2220 Tulare Street, Suite 500, Fresno, California 93 721. A true and correct
unexecuted copy of the Easement Deed for PARCEL 3 is attached as Exhibit "C" and is
incorporated by reference. A tme and correct unexecuted copy of the Right of Way Contract for
PARCEL 3 is attached as Exhibit "D" and is incorporated by reference.
3. Lease Warranty Grantors warrant that there are no leases within the acquisition
area described in Exhibit "A" on the subject property. Grantors further agree to hold COUNTY
harmless and reimburse COUNTY for any and all of its losses and expenses occasioned by reason
of any lease on acquisition areas of the subject property.
4. Dismissal of Action in Eminent Domain Grantors consent to be dismissed from
the Condemnation Action without prejudice. Grantors also waive any and all claims to money that
may be deposited with the State Treasurer as the amount of probable compensation. The
COUNTY will file a request for dismissal of the Grantors from the Condemnation Action within
fifteen (15) days after this Agreement and Right of Way Contract are fully executed. Grantors
hereby agree that COUNTY'S dismissal of Grantors from the Condemnation Action does not
constitute an abandonment. Grantors waive any claim for litigation expenses, including attorney's
fees, and costs of suit 111 connection with the COUNTY'S dismissal of Grantors from the
Condemnation Action.
5. Authority to Enter Agreement Each person signing this Agreement represents
and warrants that they are voluntarily entering into this Agreement, and they have the authority to
sign and execute this Agreement on behalf of the Party for which they sign.
6. Enforcement of Agreement The parties agree that the release of fees and costs set
forth herein does not extend to any breach of this Agreement. If any action is required to enforce
the terms of this Agreement, the prevailing party shall be entitled to all attorney's fees and costs
inctmed to enforce this Agreement.
7. Full Agreement This Agreement in conjunction with the Easement Deed and Right
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Settlement of Eminent Domain Action -Case No. 20CECG01833
of Way Contract, attached to this Agreement as Exhibits C and D, constitutes a full and complete
compromise of all matters involving Grantors and the Condemnation Action. This Agreement
along with the Easement Deed and Right of Way Contract, attached to this Agreement as Exhibits
C and D, contain all of the terms and conditions relating to the subject matter of the settlement
agreement reached in the action herein described and, except as expressly provided othe1wise
herein, shall supersede all other prior agreements, negotiations, correspondence, unde1iakings and
communications of the paiiies, oral or written, concerning its subject matter.
8. Successors This Agreement shall be binding and enforceable against the
successors, heirs, and assigns of the Parties.
9. Amendment Subject to applicable law, this Agreement may be amended, modified
or supplemented only by a written agreement signed by the Parties.
10. Governing Law This Agreement shall be governed by, and construed in
accordance with, the laws of the State of California applicable to contracts executed and to be
perfom1ed in the state.
11. Review of Agreement Grantors warrant that they have completely read and
reviewed this Agreement, that Grantors have had the opportunity to obtain legal advice from
attorneys before signing the Agreement, and that Grantors understand the meaning and effect of
the Agreement.
12. Construction This Agreement represents the wording selected by the Parties to
define their agreement and no rule of strict constrnction shall apply against either party.
13. Signatures in Counterparts This Agreement may be executed by original and/or
duplicate copies and in one or more counterparts, each of which when executed shall be deemed
to be an original but all of which taken together shall constitute one and the same agreement.
14. Costs Each pa1iy to this Agreement shall bear their own attorney's fees and costs
related to the Condemnation Action and for reviewing and making this Agreement.
II
II
GRANTOR(S) AND DEFENDANT(S)
/u/ l Dated?: 2.--
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Settlement of Eminent Domain Action -Case No. 20CECG01833
Dated 2, /25o ) 2-~
COUNTY OF FRESNO
Dated: Y\ l~ \1..\
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Defendant and Grantor
By: ___ ---,1_ A-1-~-~~------------STEV<J;NDAU , Chainnan
of the Board of Supervisors of the County of
Fresno
ATTEST:
Bernice E . Seidel
Clerk of the Board of Supervisors
County of Fresno , State of California
By: d. ,NL O t ~Id-
Deputy
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Settlement of Eminent Domain Action -Case No . 20CECG01833
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of LOS ANGELES
On oa. l ~ t ~ ;;t.;1 before me, 0. ROBINSON, NOTARY PUBLIC,
(insert name and title of the officer)
personally appeared AnM M\ ( z...o..ee.... cvruA. Fo..(f"ti\. ~ m .\ r-zo...ee,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s).M;lare
subscribed to the within instrument and acknowledged to me that4=teJshe/they executed the same in
~/their authorized capacity(ies), and that by ~r/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature ___ ~~---------(Seal)
0. ROBINSON
Notary Public -California
Los Angeles County
Commission II 224222J
My Comm. Expires Jun 8, 2022
HBP -Travers Creek Bridge on
Lincoln Avenue
Parcel 3
Portion of APN 373-310-34
Exhibit A
That portion of Lot 87 of Mount Campbell Colony, according to the map thereof
recorded in Book 2, Page 28 of Record of Surveys, Fresno County Records, in Section
8, Township 15 South, Range 24 East, Mount Diablo Base and Meridian, in the County
of Fresno, State of California, described as follows:
BEGINNING at a point at the Northwest corner of Lot 87, said point being the TRUE
POINT OF BEGINNING; thence,
1) Along the North line of said Lot 87, North 90°00'00" East a distance of
179.65 feet; thence,
2) Leaving said North line of Lot 87, South 83°22'53" West, a distance of
130.14 feet; thence,
3) Parallel with the North line of the Northeast Quarter of Section 8, North
90°00'00" West, a distance of 21.65 feet; thence,
4) South 03°21 '33" East, a distance of 45.35 feet; thence,
5) South 86°29'01" West, a distance of 32. 77 feet to the West line of said Lot
87; thence,
6) Along said West line of Lot 87, North 01 °13'18" East, a distance of 62.29
feet to the TRUE POINT OF BEGINNING
Containing 0.072 acres of land, more or less
For the purposes of this description it is assumed that the North line of said Lot 87 is
20.00 feet South of and parallel with the North line of the Northeast Quarter of Section 8:
LEGEND
~//,/1 RIGHTOFWAY
~~~~~~-ACQUISITION TO
COUNTY OF FRESNO
T. 15 S., R. 24 E., M.D.B.& M. EXHIBIT B
PARCEL3
R/W
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R/W
NAME:
DRAWN: J.D.
CHECKED: G.M.
REVISION: M.R.
N 1/4 COR.
SEC. 8-15/24
/ SECTION LINE
_____L _ N 90°00'00~ E, 2730.03'
£. LINCOLN AV£.
DATE:
11/13/17
11/15/17
09/18/19
0
NW COR. LOT 87
P.O.B.
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NWCOR.
SEC. 9-15/24 R/w\
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N 90°00'00" W
21.65'
S 03°21 '33" E
45.35'
373-310-34
S 86°29'01" W FARRAH MIRZA££,
32. 77' ANNA MIRZA££
AND PARTRICIA A. ROGERS
MOUNT CAMPBELL COLONY
RECORDED JULY 30, 1902
BOOK 2, PAGE 28 RECORD OF SURVEYS
FRESNO COUNTY RECORDS
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DEPARTMENT OF PUBLIC WORKS AND PLANNING
BRIDGE REPLACEMENT
TRAVERS CREEK BRIDGE ON LINCOLN AVENUE
RIGHT-OF-WAY MAP
PROJECT NO. 111308 SHEET N0.1
Recording Requested By:
County of Fresno
No Fee-Gov/t. Code Sections
6103 and 27383
When Recorded Mail To:
County of Fresno, Department
of Public Works and Planning
Design Division (Real Property)
2220 Tulare Street, 6th Floor
Fresno, CA 93721
For value received,
GRANT OF EASEMENT
FARRAH MIRZAEE and ANNA MIRZAEE,
Travers Creek Bridge
Replacement
Lincoln Avenue
Parcel: 3
APN 373-310-34
Federal Project ID
NO.: BRLO-5942(226)
hereby grant(s) to the COUNTY OF FRESNO, a political subdivision of the State of California, an
easement for public road purposes, including the right of way, and together with all incidents and
appurtenances to any roadway purposes, on, over and through that certain real property in said County
of Fresno, State of California, described as follows:
See Exhibits A & B, attached hereto and made a part hereof.
Date Farrah Mirzaee
Date Anna Mirzaee
Exhibit C
GRANTOR: Farrah Mirzaee and Anna Mirzaee
ADDRESS: 22603 East Lincoln Avenue
Reedley, CA 93654
APN: 373-310-34
Travers Creek Bridge
PROJECT: Replacement
LIMITS: Lincoln Avenue
PARCEL: # 3 ------------
DATE:
Federal Project ID No.: BRLO-5942(226)
RIGHT OF WAY AGREEMENT
An easement deed to the County of Fresno from the Grantor(s) has been executed and
delivered to the Design Division of the County of Fresno Department of Public Works and
Planning.
In consideration of which, and the other consideration hereinafter set forth, County and
Granters mutually agree as follows:
1. Granters have title to the property, described in Exhibit "A," and shown on Exhibit "B"
attached, and incorporated by this reference ("Property"), and the full authority to sign the
above-mentioned document.
2. The parties have set forth the whole of their agreement herein. The performance of
this agreement constitutes the entire consideration for the easement deed, and shall relieve
County of all further obligation or claims, or on account of the location, grade or construction of
the proposed public improvement.
3. County shall pay the undersigned Grantor(s) the sum of $2,500.00 for the property
interest conveyed by the easement deed when title to the property interest vests in County.
County shall pay all, if any, recording fees.
4. This transaction shall be handled through an internal escrow by the County of
Fresno, 2220 Tulare Street, Sixth Floor, Fresno, CA 93721.
5. County reserves the right to accept title to the property interest to be acquired by
County herein subject to certain defects in any or all matters of record title to the Property. In
return for Granters receiving the total sum as stated in Section 3, the undersigned Granters
covenant and agree to indemnify and hold the County of Fresno harmless from any and all
claims and demands third parties may make or assert and causes of action third parties may
bring that arise out of or are in connection with any defects in title to Property. Granters'
obligation herein to indemnify and hold harmless County shall not exceed the amount paid to
the Granters under this Agreement.
6. The parties agree and confirm that, notwithstanding other provisions in this
Agreement, the right of possession and use of the Property by County, including the right to
remove and dispose of any improvements, shall commence thirty (30) days from execution of
this Right of Way Contract or the date the easement deed is recorded, whichever occurs first
("Effective Date"), and that the compensation amount shown in Section 3 herein includes, but is
not limited to, full payment for such possession and use, including damages, if any, from the
Effective Date.
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Exhibit D
7. Section 3, herein, may include payment for the replacement of improvements such
as fencing and/or irrigation facilities that are within the area being acquired for this project and
must be replaced in order to proceed with the construction of the project. If Granters do not
replace said items before the start of construction, County may install temporary fencing on
Granters' property lying immediately adjacent to the new right of way line, if necessary, to hold
in livestock during construction of the road project, and/or plug the irrigation line( s) at Granters'
property line.
8. Granters agree to hold the County harmless and reimburse County for any and all
losses and expenses in regards to the Property being acquired hereunder, due to any lease of
Property held by any tenant of Granters.
9. The compensation amount set forth in Section 3, herein, includes full payment for the
following: 0.072 acre road easement, spreading plants ground cover, and severance damages
to the remainder, if any.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year
first above written.
GRANTOR(S):
Farrah Mirzaee
Anna Mirzaee
COUNTY OF FRESNO
By:--------------
STEVE BRANDAU, Chairman
of the Board of Supervisors of the
County of Fresno
DATE: ____________ _
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
By: ___________ _
Deputy
NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED
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