HomeMy WebLinkAboutROW Agreement A-23-065.pdf 22-1377 Agreement No. 23-065
Paul Lucich &Susan Lucich, Trustees
Paul Lucich and Susan Lucich CMAQ Fowler and Olive Avenues
GRANTOR: Declaration of Trust PROJECT: Intersection Improvements
established Feb. 8, 2016 LIMITS:
ADDRESS: 6100 E. Olive PARCEL: 4 and 5
Fresno, CA 93727 DATE: 11/28/2022
Federal
Project ID
APN: 310-083-02 and 310-083-01 No: CML-5942(293)
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
Grantor mutually agree as follows:
1. Grantor(s) has title to the property, described in Exhibit "A" and shown on Exhibit "B",
each of which is attached hereto and incorporated herein by this reference ("Property"); and the
individual(s) executing this Agreement on behalf of Grantor(s) hereby represents and warrants
that he or she is fully authorized to bind Grantor(s) to the provisions hereof by such signature,
and further understands that County is entering into this Agreement in reliance upon such
representation.
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$298,000.00 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.
ROW Agreement
CMAQ Fowler and Olive Intersection Improvements
Parcels 4 and 5
6. It is agreed and confirmed by the parties hereto that notwithstanding other provisions
in this contract, the right of possession and use of the subject property by the County, including
the right to remove and dispose of improvements, shall commence on the date the amount of
funds as specified in Section 3 herein are deposited into the escrow controlling this transaction.
The amount shown in Section 3 herein includes, but is not limited to, full payment for such
possession and use, including damages, if any, from said date.
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. Permission is hereby granted to County or its authorized agent to enter on my/our
land, where necessary, to (relocate or reconstruct road approaches, cattle guards, trails, pipes,
culverts, etc.), as shown on the attached map(s) and as described in Section 10 of this Contract.
I (we) understand and agree that after completion of the work described in Section 10 said
facility(ies) will be considered as my/our sole property and I (we) will be responsible for its/their
maintenance and repair.
9. All work done under this agreement shall conform to all applicable building, fire and
sanitary laws, ordinances, and regulations relating to such work, and shall be done in a good
and workmanlike manner. All structures, improvements, or other facilities, when removed, and
relocated, or reconstructed by the County, shall be left in as good condition as found.
10. The sum set forth in Section 3, herein, includes full payment for the following: 0.828
acres of new easement, 156 Orange Trees (to be removed by the County's contractor),
irrigation system (to be relocated by the Grantor) and fencing (to be relocated by the Grantor),
and severance damages to the remainder, if any.
11. The parties to this agreement shall, pursuant Section 21.7(a) of Title 49,
Code of Federal Regulations, comply with all elements of Title VI of the Civil
Rights Act of 1964. This requirement under Title VI and the Code of Federal
Regulations is to complete the USDOT- Non-Discrimination Assurance requiring
compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Part 21 and 28
C.F.R. Section 50.3.
12. No person in the United States shall, on the grounds of race, color, or
national origin, be excluded from participation in, be denied the benefits of, or be
otherwise subjected to discrimination under any program or activity that is the
subject of this agreement.
2
ROW Agreement
CMAQ Fowler and Olive Intersection Improvements
Parcels 4 and 5
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year
first above written.
GRANTOR:
Paul Lucich and Susan Lucich Declaration of Trust established Feb. 8, 2016
Paul Lucich, Trustee Susan Lucich, Trust
COUNTY OF FRESNO:
By. S in ro, Chairman of the Board of
Su isors of the County of Fresno
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
3
CMAQ — Fowler Avenue & Olive
Avenue Traffic Signal
Parcel 4
Portion of APN 310-083-02
Exhibit "A"
That portion of Parcel 3 in the Northwest Quarter of Section 34, Township 13 South,
Range 21 East, Mount Diablo Base and Meridian, in the County of Fresno, State of
California, according to the map thereof recorded December 29, 1976 in Book 23, Page
3 of Parcel Maps, in the office of Fresno County Records, described as follows:
BEGINNING at the Southwest corner of said Parcel 3; Thence, along the South Line of
said Parcel 3, North 89'42'10" East, a distance of 21.99 feet; Thence, Leaving said
South Line, North 00017'50" West, a distance of 7.50 feet to a point on the North right of
way line of East Olive Avenue as described in final order of condemnation, recorded
August 21, 1979 as Document No. 97741, Book 7354, Page 520 of official records of
Fresno County, said point being the TRUE POINT OF BEGINNING; Thence,
1) North 22'09'32" West, a distance of 45.79 feet; Thence,
2) North 0°22'02" West, a distance of 151.50 feet; Thence,
3) North 0°22'02" West, a distance of 450.51 feet; Thence,
4) North 89°45'30" East, a distance of 27.18 feet to the beginning of a non
tangent curve; Thence,
5) Southeasterly along a non tangent curve, concave to the Southwest,
having a 4550.00 foot radius, a radius point which bears South 85°59'35"
West, a central angle of 04°00'25", and an arc length of 318.21 feet;
Thence,
6) South 00000'00° East, a distance of 117.92 feet to the beginning of a
tangent curve; Thence,
7) Along said tangent curve, having a radius of 110.58 feet, an arc length of
28.56 feet, and a delta angle of 14°47'56", to the point of beginning of a
reverse curve; Thence,
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8) Along said reverse curve, concave to the Southwest, having a 130.58 foot
radius, an arc length of 33.73, feet and a central angle of 14047,56";
Thence,
9) South 00°00'00" East, a distance of 95.92 feet; Thence,
10) South 47025'16" East, a distance of 32.62 feet; Thence,
11) South 89°53'06" East, a distance of 25.00 feet; Thence,
12) South 00°00'00" East, a distance of 9.33 feet; Thence,
13) North 90°00'00" East, a distance of 91.85 feet; Thence,
14) South 00000'00" East, a distance of 16.04 feet to a point on the North right
of way line of East Olive Avenue, said point being 35.28 feet, measured at
right angles, to the South Line of the Northwest Quarter of Section 34;
Thence
15) Westerly along said right of way line, South 88032'29" West, a distance of
137.05 feet; Thence,
16) South 89°42'10" West, a distance of 29.04 feet to the TRUE POINT OF
BEGINNING.
Containing 0.608 Acre of land, more or less.
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CIVIAQ— Fowler Avenue & Olive
Avenue Traffic Signal
Parcel 5
Portion of APN 310-083-01
Exhibit "A"
That portion of Parcel 1 in the Northwest Quarter Section 34, Township 13 South,
Range 21 East, Mount Diablo Base and Meridian, in the County of Fresno, State of
California, according to the map thereof recorded December 29, 1976 in Book 23, Page
3 of Parcel Maps, in the office of Fresno County Records, described as follows:
BEGINNING at the Southwest corner of said Parcel 1; Thence, North 89045'30" East, a
distance of 5.00 feet to the TRUE POINT OF BEGINNING; Thence,
1 Leaving said South Line, North 00"22'02" West, a distance of 647.00 feet
to a point on the South Line of a 5.00 feet wide strip of land dedicated to
the County of Fresno for road purposes, according to the map thereof
recorded December 29, 1976 in Book 23, Page 3 of Parcel Maps of said
County; Thence,
2) North 89049'34" East, along said South Line, a distance of 16.32 feet;
Thence,
3) South 00"22'11" West, a distance of 159.93 feet to the beginning of a non
tangent curve; Thence,
4) Southwesterly along said non tangent curve, concave to the Northwest,
having a 130.00 foot radius, a radius point which bears North 85058'38"
West, a central angle of 13'44'51", and an arc length of 31.19 feet to the
beginning of a reverse curve; Thence,
5) Southwesterly along said reverse curve, concave to the Southeast, having
a 110.00 foot radius, a radius point which bears South 76013'48" East, a
central angle of 14'1128", and an arc length of 27.24 feet, to the
beginning a compound cove; Thence,
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6) Southwesterly along said compound curve, concave to the Northeast,
having a 4450.00 foot radius, a radius point which bears North 89034'44"
East, a central angle of 03'53'24", and an arc length of 302-13 feet to a
point; Thence
South 04'18'40" East, a distance of 103.50 feet to the beginning a tangent
curve; Thence,
8) Along said tangent curve, concave to the Southwest, having a radius of
4550.00 feet, and an arc length of 24.15 feet, to a point on the South Line
of said Parcel 1; Thence,
9) West along said South Line, South 89045'30" West, a distance of 27.18
feet to the TRUE POINT OF BEGINNING.
Containing 0.220 Acre of land, more or less.
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Parcel Nos. 4 and 5
Fund: 0010
Subclass: 11000
Org: 4510-4513
Account: 8110
Program: 91267
Activity Code: 4755
Project: H 13502