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Home My WebLink AboutAgreement A-17-440 Settlement of Eminent Domain.pdfSETTLEMENT OF EMINENT DOMAIN ACTION RECITALS On July 29, 2016, plaintiff COUNTY OF FRESNO ("County") filed a Complaint in Eminent Domain in the Fresno Superior Court (Case No. 16 CE CG 02430, entitled County of Fresno v. Estate of Ronald John Adams Ward, et al.) against defendants ESTATE OF RONALD JOHN ADAMS WARD; MARCELINO FLORES GASPAR; THE HEIRS AND DEVISEES OF RONALD JOHN ADAMS WARD, DECEASED, AND ALL PERSONS CLAIMING BY, THROUGH OR UNDER SAID DECADENT; ALL PERSONS UNKNOWN CLAIMING AN INTEREST IN THE PROPERTY; and amended to substitute DAVID LYNN WARD as Doe Defendant number 2, to acquire an easement needed to expand the County's right-of-way along Fowler A venue to allow for the construction of eight foot wide paved shoulders on each side of Fowler Avenue from Elkhorn Avenue to South Avenue ("Project"). Ronald John Adams Ward; by Quitclaim Deed recorded June 21, 2010, is the recorded fee owner of the property located at 16051 South Fowler Avenue, Selma, California 93662 and further identified as APN 385-180-13 (designated by County as Parcel 23), which is the subject to the above-reference lit~gation. Upon the passing of Ronald John Adams Ward and through the appropriate probate proceedings, DAVID LYNN WARD was appointed administrator of the Estate of Ronald J. Ward aka Ronald J.A. Ward aka Ronald John Adams Ward on January 24, 2017. A true and correct copy of the Letters of Administration filed in the probate matter of Estate of Ronald J :Ward case number 16 CEPR 01239 is attached as Exhibit "A". Through his appointment as administrator of the decedent's estate, DAVID LYNN WARD is authorized to dispose of real property held by the ESTATE OF RONALD JOHN ADAMS WARD. This is an agreement between County and DAVID LYNN WARD, as administrator of decedent's estate, hereinafter referred to as "Grantor". 1 Settlement of Eminent Domain Action Case No. 16 CECG 02430 J TERMS 1. Delivery of Documents An Easement Deed to the County of Fresno from the Grantor and Right of Way Contract will be executed and delivered to the County of Fresno Office of County Counsel c/o Kyle R. Roberson, Deputy County Counsel, 2220 Tulare Street, Suite 500, Fresno, California 93721. A true and correct unexecuted copy of the Easement Deed is attached as Exhibit "B". A true and correct unexecuted copy of the Right of Way Contract is attached as Exhibit "C" and is incorporated by reference. 2. Purchase Price and Title County shall pay Grantor Five Thousand Eight Hundred Dollars ($5,800.00) and it is agreed that this amount is the fair value for the interest conveyed in the Easement Deed. The Grantor warrants he is authorized to sell the property interest conveyed in the Easement Deed. The settlement draft will be released to Grantor's counsel Gary G. Bagdasarian at 1735 North Fine Avenue, Suite 103, Fresno, California 93727 upon delivery of this executed agreement, Easement Deed and Right of Way Contract. 3. Apportionment County shall pay exclusively to Grantor the entire sum of the amount set forth in Paragraph 2 and this sum shall constitute County's entire monetary obligation in this matter. 4. Lease Warranty Grantor~ warrants that there are no leases within tl:le acquisition area on the subject property. Grantor further agrees to hold County harmless and reimburse County for any and all of its losses and expenses occasioned by reason of any lease on acquisition area of the subject property. 5. Dismissal of Action in Eminent Domain Grantor consents to the dismissal of the eminent domain action initiated by County entitled County of Fresno v. Estate of Ronald John Adams Ward, et al., FCSC Case No. 16 CECG 02430 (hereinafter "Estate of Ward Suit") and also waives any and all claims to money that may be deposited with the State Treasurer as the amount of probable compensation. By execution of this Agreement, County and Grantor will have settled the Estate of Ward Suit. It is the County's intent to dismiss the Estate of Ward Suit 2 Settlement of Eminent Domain Action Case No. 16 CECG 02431 if this Agreement is consummated. Grantor waives any claim for litigation expenses, including attorney's fees, and costs of suit in connection with the County's dismissal of the Estate of Ward Suit. Grantor hereby agrees that the County's dismissal of the Estate of Ward Suit does not constitute an abandonment. This Agreement is full consideration for all claims of damage that may have arisen by this eminent domain action and/or the public project for which the interest conveyed is purchase~. 6. Authority to Enter Agreement Grantor warrants that he is voluntarily entering into this Agreement, and that the person signing below has authority to sign this Agreement on behalf of Grantor. 7. Enforcement of Agreement The parties agree that the release of fees and costs set forth herein does not extend to any breaches of this Agreement. If any action is req~ired to enforce the terms of this Agreement, the prevailing party shall be entitled to all attorneys' fees and costs incurred to enforce this Agreement. 8. Full Agreement This Agreement in conjunction with Right of Way Contract constitutes a full and complete compromise of all matters involving the Estate of Ward Suit. This Agreement and the Right of Way Contract contain all of the terms and conditions relating to the subject matter of the settlement agreement reached in this action and, except as expressly provided otherwise herein, supersede all other prior agreements, negotiations, correspondence, undertakings and communications of the parties, oral or written, concerning its subject matter. 9. Successors This Agreement shall be binding and enforceable against the successors, heirs, and assigns of the parties. 10. Amendment Subject to applicable law, this Agreement may be amended, modified or supplemented only by a written agreement signed by the parties. 11. 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 performed in the state. 12. Review of Agreement Grantor warrants that he has completely read and 3 Settlement of Eminent Domain Action Case No. 16 CECG 02431 reviewed this Agreement, that he had the opportunity to obtain legal advice from attorneys before signing it, and that he understands the meaning and effect of the Agreement. 13. Construction This Agreement represents the wording selected by the parties to define their agreement and no rule of strict construction shall apply against either party. 14. Signatures; Counterparts This Agreement may be executed by original and/or facsimile signatures and in one or more counterparts, and by the different parties hereto in separate 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. 15. Costs Each party to this Agreement shall bear their own attorney fees and costs for the lawsuit related to the Estate of Ward Suit and for reviewing and making this Agreement. Approved as to form: Dated: ~7o------=--1_ ...... -\-(_.____7 GRANTOR AND DEFENDANT By: -~---7---=---=---Vf?-----H. ~"--=--~GL=----=· ~" " - DAVID LYNN WARD Administrator of Estate, Defendant and Grantor GARY G. BAGDASARIAN ATTORNEY AT LAW 4 Settlement of Eminent Domain Action Case No. 16 CECG 02431 Dated: ~-~ ;J.o 1=] Dated: ~ '2"2.1 "-0 l:j Dated: 1\ ~,\ \1 \ \ Dated: 7/ (((CJ..tf7 / Settlement of Eminent Domain Action COUNTY OF FRESNO BOARD OF SUPERVISORS By:_IL_~~--=---- BRIAN PACHECO, Chairman Board of Supervisors ATTEST: BERNICE E. SEIDEL, Clerk Board of Supervisors By: ct [10.·-~ Deputy REVIEWED AND RECOn.u.YJJ.,tJJ.J'IIJ.JED FOR APPROVAL By: ______ __..,.-r=------- STEVEN E. WHITE, Department of Public Works and Planning APPROVED AS TO LEGAL FORM DANIEL C. CEDERBORG, County Counsel By:K~------- Attomey for Plaintiff County of Fresno · 5 Case No. 16 CECG 02431 EXHIBIT "A" RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: GARY G. BAGDASARIAN Atto~ey at Law 1735 N. Fine Ave., Ste. 103 Fresno, CA 93727-1654 111111111111111111111111111111111111111111111111 FRESNO County Recorder Paul Dictas, C.P.A. · DOC-2017-0009110 Check Number 14188 Tuesday, JAN 24, 2117 14:18:18 Ttl Pd $22.00 RcDt I 8804697390 APR/R7/1·2 , (THIS SPACE FQR RECQRDEB'S USE ONLYl LETTERS OF ADMINISTRATION Estate of Ronald J. Ward aka Ronald J.A. Ward aka Ronald John Adams Ward Fresno County Superior Court Case No. 16CEPR 01239 TinS PAGE ADDED TO PROVIDE ADDITIONAL SPACE FOR RECORDING INFORMATION ·~~~=""".~---!!!!!~~~~~,··· · .... , _________ D_E_-1_6_,0 ATTORNEY OR P. OUT ATI'ORNEY (Nime. l. • fl 1U1t118r, IIIIIIIIMwfJ: TELEPHONE! AND FAX Not.. -. FOR CtJURTUSEOifL"f ARY 0. BAGDASARIAN (State Bar# 068552) (559) 252-7273 Atto~ at Law (559) 252-7284 1735 North Fine Avenue, Suite 103 Flt.ED Fresno, CA 93727 AnnRNEYFOR(Nime)'; DAVID LYNN WARD Petitioner SUPERIOR COURT OF CAUFORNIA, COUNTY OF S 0 . STREET ADDR!SI: 1130 non Street, 3rd Floor MAIUNGADDAE88: 1130 non Street, 3rd Floor cnv AND ZP coae: Fresno 93724 BRANCH NAME: Probate Division tOll JAN 2lt A 10: 08 FRESKO COUHT'[. SUPERIOR COUR l ESTATE OF (Name): RONALD 1. WARD aka RONALD J.A. WARD aka ~~ RONALD JOHN ADAMS WARD • DECEDENT CASE NUPttiEJt LETTERS 0 TESTAMENTARY [i] OF ADMINISTRAnON 1 6 CE PR 0 1 2 3 9 CJ OF ADMINISTRA'nON WITH WILL ANNEXED 0 SPECIAL ADMINISTRAnON LETTERS 1. D The last will of the decedent named above having been proved, the court appoints (name): a. CJ executor. b. D administrator with wiD annexed. 2. [X] The court appoints (name}: DAVID LYNN WARD a. [i] administrator of the decedent's estate. b. CJ special administrator of decedent's estate (1) CJ with the special powers specified In the Older for Probate. (2) r::J with the powers of a general administrator. - (3) r:::J letters will expire on (date): 3. [K) The personal representative Is authorized to admlnlsCer the es1ate under the Independent Administration of Es1ates Act D with full authority [i] wlttlllmlt8cl authority (no authority, without court supervision, to (1) sell or ·exchanga real property or (2) grant an option to puldlase real property or (3) bonow money with 1he loan secured by an encumbrance upon real property). 4. CJ The personal reprasentatlve Is not authorized to take ~on of money or any other property without a speclffc court order. . • 'NITNESS, clerk of the court, with seal of the court affixed. (SEAL) Date: l-1., \{-\1 Clerk. by AFFIRMATION 1. c:J PUBUC ADMINISTRATOR: No affirmation required (Prob. Code~ § 7621 (c)). 2. [i] INDIVIDUAL: I solemnly affinn that I wDI perform the duties of personal representalive according to laW. 3. CJ INSTITUTIONAL FIDUCIARY (name}: I aolemly afllnn that the institution wiD perform 1he duties of personal representative according to law. I make this affirmation for myself as an Individual and . on behalf of the Institution as an officer. (Name and Iitle): 4. Executed on (date): /1-~ ";\. -/ k., at (place): Corinth, Xentucky ,DDQXO[a( DAVID LYNN WARD (81GNA1URE) · CERnFICAnON I certify that this document Is a correct copy of the original on ftle In my oflice and the letters issued the personal representa- tive appointed above have not been revoked, annulled, or set aside, and are atDI in fuU force and effect. Clerk. by LETTERS (Prabata) EXHIBIT "B" Recording Requested By: County of Fresno 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 GRANT OF EASEMENT For value received, ESTATE OF RONALD JOHN ADAMS WARD, Fowler Avenue Elkhorn to South Parcel: 23 APN 385-180-13 Federal Project ID: CML-5942(211) 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 attached Exhibit '1' and 2 The Estate of Ronald John Adams Ward Date ------------------------David Lynn Ward, Administrator FOWLER AVENUE Elkhorn Ave. to South Ave. Parcel23 Portion of APN 385-180-13 Exhibit '1' That portion of the Northeast Quarter of the Northeast Quarter of Section 33, Township 16 South, Range 21 East, Mount Diablo Base and Meridian, in the County of Fresno, State of California, described as follows: BEGINNING at the Northeast comer of that parcel of land as Described in Grant Deed to Brian Lassey and Elizabeth Lassley, Document No. 97082749 of Official Fresno County Records, which point is South 00°04 '20" West, a distance of 313.07 feet from the Northeast comer of said Section 3 3; thence, 1) Along the North line of said Parcel of land as Described in Grant Deed, North 89°53'10" West, a distance of32.35 feet; thence, 2) North 00°26'55" East, a distance of 104.36 feet to the North line of that Parcel of land as Described in Grant Deed to Ronald John Adams Ward and Gary Steven Gintner, Document No. 89117983 of Official Fresno County Records; thence, 3) Along the North line of said Grant Deed to Ronald John Adams Ward, South 89°53'10" East, a distance of31.66 feet to the East line of said Section 33; thence, 4) Along said East line, South 00°04'20" West, a distance of 104.36 feet to the POINT OF BEGINNING Containing 0.077 acres of land, more or less, which includes 0.072 acres of land more or less, within the existing County right of way and a net area of 0.005 acre, more or less BASIS OF BEARINGS: THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 27 T.16 S., R. 21 E., M.D.M&B, IS ASSUMED TO BE Noo·os·os"E ~"J 0~ ~'tl ~~ ~~ ~~ ~0 ~? <) A,.Y-~ ~~ ~~~ LEGEND ~ T. 16 S., R. 21 E., M.D.B.& M. ACQUISITION FOR ROAD RIGHT-OF-WAY EXISTING RIGHT-OF-WAY PER 60' VIEWERS ROAD (JOHN SUTHERLAND, et al) _I --. I~ ~ ~ I~ ~ EXHIBIT 2 PARCEL23 ~ .185-180-1.1 @ South line of the North 100 feet of the Northeast Quarter of Section 33 ~I~ ~I~ N !f> 1.66' R/W2.35'~ N0.26'55"E ~ 104.36' -. .-/ SECTION LINE Noo·o4'20"E ~:::::. 104.36' FOWLER A VENUE so·31'43"w 108.72' S89.53'1 O"E 31.66' 313.07' R/W 60' VIEWERS ROAD (JOHN SUTHERLAND, et al) R/W ~ -208.71' I b ..q-0> CX) (/) -. L k NE COR SEC 33, T16S., R21 E . -· ---;:::: I NAME: DRAWN: GMEDINA DATE: 0 50 100 ---I I --( IN FEET ) • DEPARTMENT OF PUBLIC WORKS AND PLANNING FOWLER AVENUE ELKHORN AVE. TO SOUTH AVE. #NO. SHEET NO. 1 05/09/17 CHECKED: GMEDINA 05/09/17 REVISION: XX 00/00/00 ALL PURPOSE NOTARY ACKNOWLEDGEMENT FORM 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 _______ _ On ________ before me, ___________ ____,_._:.,.A..;....;....;:N=ot=a;.;...rvJ,.......;-P=u;;:;..:bl.:..=;_ic personally appeared --------------------------proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/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 PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. By ____________ _ Signature (Seal) CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by this deed to the County of Fresno, a Governmental Agency, is hereby accepted by action of the Board of Supervisors of said County of Fresno on ______ _ and the Grantee consents to the recordation thereof. BERNICE E. SEIDEL Clerk to the Board of Supervisors By ____________ _ Deputy EXHIBIT "C" GRANTOR: Estate of Ronald John Adams Ward David Lynn Ward Administrator of Estate ADDRESS: 16051 S. Fowler Avenue Selma, CA 93662 APN: 385-180-13 PROJECT: Fowler Avenue LIMITS: Elkhorn Ave. to South Ave. PARCEL: DATE: 23 Federal Project ID: CML- 5942 (211) RIGHT OF WAY CONTRACT 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, it is mutually agreed as follows: 1. The Grantor(s) has title to the property, described in Exhibit '1' and shown on Exhibit 2 attached hereto, and incorporated herein by reference; and the full authority to sign the above-mentioned document. 2. The parties herein have set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for said document and shall relieve the County of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement. · · 3. The County shall pay the undersigned Grantor(s) the sum of $5,800.00 for the property or interest conveyed by the above document(s) when title to said property or interest vests in the County. The County shall pay all recording fees, if any. 4. The 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 Clause 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 which arise out of or are in connection with the foregoing defects in title to the property. The Grantor's obligation herein to indemnify and hold harmless the County shall not exceed the amount paid to the Grantor(s) under this contract. 5. Permission is hereby granted to the County of Fresno, its contractors, agents or assigns, to enter upon Grantor's property lying immediately adjacent to said acquired parcel during the period of construction for the purpose of constructing the public improvement and accomplishing all necessary incidents thereto. 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 60 days from the Board of Supervisor's approval of this Right of Way Contract or the date the deed is recorded, whichever occurs first, and that the amount shown in Clause 3 herein includes, but is not limited to, full 1 payment for such possession and use, including damages, if any, from said date. 7. Clause 3 above 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 said items, 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 Grantors' property line. Grantor(s) hereby agrees to allow the County access to their remaining property to perform said work and that the cost for said work shall be billed to and paid for by Grantor(s). 8. Grantor(s) agrees to hold the County harmless and reimburse the County for any and all losses and expenses as to the property being acquired hereunder occasioned by reason of any lease of said property held by any tenant of grantor(s). 9. The sum set forth in Clause 3(A) above includes payment for the following: 0.005 acre road easement, landscaping, fencing, gate and severance damages to the remainder, if any. IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. Estate of Ronald John Adams Ward David Lynn Ward Administrator of Estate COUNTY OF FRESNO Brian Pacheco, Chairman Board of Supervisors Recommended for Approval: Steven E. White, Director Department of Public Works and Planning NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED 2 FOWLER AVENUE Elkhorn Ave. to South Ave. Parcel23 Portion of APN 385-180-13 Exhibit '1' That portion of the Northeast Quarter of the Northeast Quarter of Section 33, Township 16 South, Range 21 East, Mount Diablo Base and Meridian, in the County of Fresno, State of California, described as follows: BEGINNING at the Northeast comer of that parcel of land as Described in Grant Deed to Brian Lassey and Elizabeth Lassley, Document No. 97082749 of Official Fresno County Records, which point is South 00°04 '20" West, a distance of 313.07 feet from the Northeast comer of said Section 3 3; thence, 1) Along the North line of said Parcel of land as Described in .Grant Deed, North . 89°53'10" West, a distance of32.35 feet; thence, 2) North 00°26'55" East, a distance of 104.36 feet to the North line of that Parcel of land as Described in Grant Deed to Ronald John Adams Ward and Gary Steven Gintner, Document No. 89117983 of Official Fresno County Records; thence, 3) Along the North line of said Grant Deed to Ronald John Adams Ward, South 89°53'10" East, a distance of31.66 feet to the East line of said Section 33; thence, 4) Along said East line, South 00°04'20" West, a distance of 104.36 feet to the POINT OF BEGINNING Containing 0.077 acres of land, more or less, which includes 0.072 acres of land more or less, within the existing County right of way and a net area of 0.005 acre, more or less BASIS OF BEARINGS: THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 27 T.16 S., R. 21 E., M.D.M&B, IS ASSUMED TO BE Noo·og'o9"E ~" 0~ ~~ ~~ *'~ ~~ ~0 ~" ~ ~~~~~~ \~~~ LEGEND --T. 16 S., R. 21 E., M.D.B.& M. ACQUISITION FOR ROAD RIGHT-OF-WAY EXISTING RIGHT-OF-WAY PER 60' VIEWER$ ROAD. (JOHN SUTHERLAND, et al) _I I~ ~ ~ I~ ~ EXHIBIT 2 PARCEL23 ~ 385-180-IJ @ South line of the North 100 feet of the Northeast Quarter of Section 33 ~I~ ~I '-' N !;0 1.66' so·31'43"w 1 08.72' R/W 2.35'-~~~~~~~~~~~S89.53'1 O"E 31.66' ~ R/W 0 .q-Ol co (/) -. L SECTION LINE ~I NE COR SEC 33, T16S., R21 E. ----_, ---104.36' Noo·o4'20"E ~·-·-FOWLER A VENUE -· _.,· 313.07' 208.71' R/W 60' VIEWERS ROAD (JOHN SUTHERLAND, et al) I I NAME: DATE: DRAWN: GMEDINA 05/09/17 CHECKED: GMEDINA 05/09/17 REVISION: XX 00/00100 0 50 100 lnnt%111iiilil@• ; llMMH,tlJ!!i!!'MiiJi1iiNWill1i\llliiliit1!!!N n;ntl ( IN FEET ) • DEPARTMENT OF PUBLIC WORKS AND PLANNING FOWLER AVENUE ELKHORN AVE. TO SOUTH AVE. #NO. SHEET NO. 1