HomeMy WebLinkAboutAgreement A-21-305 Right-of-Way.pdfGRANTOR: Ron & Sheri Foglio, Trustees of the Ron Foglio and Sheri Foglio Living Trust dated June 18, 1997 ADDRESS: 10260 W Jensen Ave Fresno CA 93706 APN: 025-090-30S PROJECT: CMAQ Jensen LIMITS: Dickenson to Madera Avenues PARCEL: 2 DATE: May 20, 2021 Federal Project ID No.: CML-5942(283) RIGHT OF WAY AGREEMENT An easement deed to the County of Fresno ("County") 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 Granter mutually agree as follows: 1. Grantor(s) has title to the property, described in Exhibit "A" and shown on Exhibit "B" attached, hereto and incorporated herein by this reference ("Property"), and the full authority to sign this Agreement. 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 $110,000.00 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 external escrow by Fidelity National Title Company, 7475 N. Palm Avenue, Suite 101, Fresno, CA 93711. 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 Grantor(s) receiving the total sum as stated in Section 3, the undersigned Grantor(s) covenants and agrees 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 the Property. Grantor's obligation herein to indemnify and hold harmless County shall not exceed the amount paid to the Grantor(s) 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 sixty (60) days from the Board of Supervisor's approval of this Right of Way Agreement, or the date the easement deed is recorded, whichever occurs first ("Effective Date"), and that the amount shown in Section 3 herein includes, but is not limited to, full payment by County for such possession and use, including damages, if any, from the Effective Date. 1
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 Grantor(s) does not replace these items before start of construction, County may install temporary fencing on Grantor's 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 Grantor's property line. 8. Grantor(s) agrees to hold County harmless and reimburse County for any and all losses and expenses in regard to the Property being acquired hereunder, due to any lease of the Property held by any tenant of Grantor(s). 9. The sum set forth in Section 3, herein, includes full payment for the following: 0.306 acre road easement, removal of large box trees and irrigation for new turn rows, and severance damages to the remainder, if any. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. Ron Foglio, Trus. e of the Ron & Sheri Fo io Living Trust dated June 18, 1997 COUNTY OF FRESNO REVIEWED & RECOM APPROVAL: Steven E. White, Director Department of Public ork and Planning DATE: Ron & Sheri Foglio Living Trust dated June 18, 1997 APPROVED AS TO LEGAL FORM: Daniel C. Cederborg, County Counsel 01fa~9 APPROVED AS TO ACCOUNTING FORM: Oscar J. Garcia, CPA Auditor-Controller/Treasurer-Tax Collector \) ' ( C10ddic1 ~ rutfl-By: ·, NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED 2
COUNTY OF FRESNO:
By : Steve Br n au , Chairman 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: dlAL> ~ , Deputy
3
ROW Agmt
CMAQ Jensen -Dickenson to Madera
Parcel 2
CMAQ-Jensen Avenue from Dickenson Avenue to Madera Avenue Parcel 2 Portion of APN 025-090-30S Exhibit "A" The North 10.00 feet of the South 30.00 feet of the Southwest quarter of the Southeast quarter of Section 14, Township 14 South, Range 18 East, Mount Diablo Base and Meridian, in the County of Fresno, State of California. Containing 0.306 acres of land, more or less.
LEGEND T. 14 S., R. 18 E., M.D.B.& M.
~ RIGHT OF WAY ACQUISITION
TO COUNTY OF FRESNO
AREA = 0 .306 AC.
EXHIBIT B
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10.00'
WEST LINE OF THE
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EAST LINE OF SW 1/4
OF SE 1/4 OF SEC. 14-14/18
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NAME:
DRAWN: J.D.
CHECKED : M.RUIZ
REVISION: S.G.
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DATE:
07/31/2019
08/02/2019
04/30/2020
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( IN FEET )
SOUTH LINE
OF SEC. 14-14/18
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DEPARTMENT OF PUBLIC WORKS AND PLANNING
CMAQ -JENSEN AVE.
DICKENSON AVE. TO MADERA AVE.
PROJECT NO. D23174 SHEET N0.1