HomeMy WebLinkAboutMerced Street Agreement Executed.pdf AGREEMENT FOR PURCHASE AND SALE OF A TEMPORARY
CONSTRUCTION EASEMENT AND ESCROW INSTRUCTIONS
APN 466-211-13T
MERCED STREET RECONNECT PROJECT
City Project No.: PWO0902
This Agreement for purchase and sale of a temporary construction easement (the
"Agreement") is entered into by and between THE COUNTY OF FRESNO, a political
subdivision of the State of California (the "Owner"), without regard to number or gender,
and the CITY OF FRESNO, a California municipal corporation (the "City") for a
temporary construction easement for public street purposes on the following terms and
conditions.
RECITALS
A. The Owner is owner of an approximately 0.51-acre (22,215 square feet) parcel,
located in the City of Fresno known as Assessor's Parcel Number ("APN") 466-
211-13T.
B. The City desires to purchase the property rights more particularly defined in
Section 1 below (the "Subject Property") for the Merced Street Reconnect Project
(the "Project").
C. The City now wishes to purchase from the Owner and the Owner now wishes to
sell to the City the Subject Property subject to the terms and conditions contained
herein.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants,
conditions, and premises hereinafter contained to be kept and performed by the
respective Parties, it is mutually agreed as follows:
1. Subject Property Description. The real property which is the subject of this
Agreement, hereinafter the "Subject Property," is a Temporary Construction
Easement to facilitate the Project, situated in the City of Fresno, County of
Fresno, State of California, being approximately a 0.13-acre (575.97 square feet)
portion of land, located within Assessor's Parcel Number 466-211-13T, located
on the southwest side of Congo Alley, south of the current terminus of Merced
Street, Fresno, California as described and depicted in Exhibit "A," Legal
Description of Temporary Construction Easement, and Exhibit "B," Plat Map of
Temporary Construction Easement, attached hereto and incorporated herein by
reference.
2. Grant of Easement. The Owner agrees to grant to the City a temporary
construction easement, (the "Easement") for the construction of public utilities
and public street improvements, including, but not limited to, concrete curbs,
gutters, sidewalks, and driveway approaches in the public street right of way
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APN#:466-211-13T-TCE City of Fresno/COUNTY OF FRESNO/PW00902
adjacent to the Subject Property, free and clear of all liens, encumbrances, and
restrictions of record. The term of this Agreement shall be three (3) years
commencing on June 2, 2025, and expiring on June 2, 2028. Until such time as
the City elects to take possession of any or all of the property acquired herein,
the Owner shall have the use and enjoyment of its surface in the same manner
as now used, except that in no event shall any advertising sign of any nature
whatsoever be placed upon or allowed to remain on the property. The Owner
agrees to keep the premises in a neat and clean condition. The Owner agrees
that no improvements other than those already on the property shall be placed
thereof; and the planting of any crops, trees, or shrubs, or alterations, repairs, or
additions to existing improvements which may hereafter be placed thereon are at
the Owner's risk and without expectation of payment if removed by the City.
3. Total Compensation. Upon the close of escrow, the City shall pay just
compensation of THREE THOUSAND SIX HUNDRED AND NO/100 DOLLARS
($3,600.00) for the Easement, including cost to cure damages, benefits, and/or
severance damages to the remainder, if any, for the Subject Property.
4. Replacement of Improvements. 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 removed in order to
proceed with the construction of the Project. If the Owner does not remove said
items, the City may install temporary fencing on the Owner's property lying
immediately adjacent to the new right of way line, if necessary, to hold in
livestock during construction of the Project, and/or plug the irrigation line(s) at the
Owner's property line. The Owner hereby agrees to allow the City, its agents,
employees, authorized contractors and subcontractors and their employees
access to their remaining property to perform said work.
4.1 Any existing property improvements located within the Subject Property
which become damaged as a result of construction will be replaced to a
comparable or better condition than that which existed prior to the City's
Project construction to the extent reasonably practicable. The City's
contractor shall maintain pedestrian and vehicular access to the Subject
Property at all times, unless arrangements are made with the Owner, their
tenant(s), renter(s), or lease holder(s) along the streets and alleys to deviate
from this requirement. Exceptions include during the actual placing of
concrete or for very short periods during paving operations. Access shall be
safe and reasonable for pedestrians and motor vehicles used by the
property owners and emergency vehicles (fire, police, and ambulance). All
other existing property improvements within the Subject Property, if any,
shall be protected in place.
5. Effective Date. The Effective date of this Agreement shall be upon its duly
authorized execution by the City.
6. Representation. The Owner represents and warrants that it holds fee title to the
Subject Property and has the authority to enter into the Agreement herein made.
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APN#:466-211-13T-TCE City of Fresno/COUNTY OF FRESNO/PW00902
7. Change in Ownership or Lease. The Owner agrees to hold the City harmless
and reimburse the City for any and all losses and expenses as to the Subject
Property by reason of any change in ownership or Lease of said Subject Property
held by any tenant of the Owner.
8. Escrow Instructions. The transaction of the sale shall be processed by the City
through an internal escrow at 747 R Street, 2nd Floor, Fresno, CA 93721. The
contact is Nancy Bruno at (559) 621-8696. The Owner and the City by their
signature to this Agreement agree upon the following terms and joint escrow
instructions:
a. The City shall pay the Owner the sums specified in Paragraph 3 of this
Agreement directly by check.
b. Payment of said sums, less the Owner's cost to clear title, if any, may be
made to the Owner only when the City possesses a fully executed and
acknowledged and recorded easement deed to the Subject Property free
and clear of all liens, encumbrances, and restrictions of record.
C. The City reserves the right to accept title to the property interest to be
acquired by the City herein subject to certain defects in any or all matters
of record title to the property. In consideration for the Owner receiving the
total sum as stated in Paragraph 3, the undersigned the Owner covenants
and agrees to indemnify and hold the City 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 Owner's obligation
herein to indemnify and hold harmless the City shall not exceed the
amount paid to the Owner specified in Paragraph 3.
d. It is understood that the Owner shall be responsible for the payment of all
taxes, penalties, redemptions, and costs allocable to the Subject Property.
e. The escrow fee, cost of policy of title insurance, recording fees (if any),
shall be paid by the City.
f. Disbursements of the purchase price to be made to the Owner upon the
close of escrow.
9. Indemnity. The Owner shall indemnify, hold harmless, and defend the City, its
officers, agents, employees, and volunteers from any liability, loss, fines,
penalties, forfeitures, claims, expenses, and costs, whether incurred by the
Owner, the City, 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 defined in any law, regulation, or rule) in, on, or about the Property
on or before the effective date of this Agreement. This indemnity shall include,
without limitation, any claims under the Comprehensive Environmental
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APN#:466-211-13T-TCE City of Fresno/COUNTY OF FRESNO/PW00902
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. The Owner's obligation herein to indemnify and
hold harmless the City shall not exceed the amount paid to the Owner specified
in Paragraph 3. This limitation does not preclude the City from bringing a claim
against the Owner for a loss on the adjacent property.
10. Right of Possession and Use. It is agreed and confirmed by the parties hereto
that notwithstanding other provisions in this Agreement, the right of possession
and use of the Subject Property by the City, including the right to remove and
dispose of improvements shall commence on the date the amount of funds as
specified in Paragraph 3 herein are deposited into the escrow controlling this
transaction. The amount shown in Paragraph 3 herein includes, but is not limited
to, full payment for such possession and use, including damages, if any, from
said date.
11. 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. The waiver of any one
provision herein shall not be deemed to be a waiver of any other provision
herein.
b. Governing 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 Fresno, California.
C. Compliance with Laws. The Parties shall implement this Agreement in
accordance with all applicable Federal, State and City laws, ordinances
and codes. Pursuant to Section 21.7(a) of Title 49, Code of Federal
Regulations, the Parties shall 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. Parts 21 and 28 C.F.R. Section 50.3.
Further, 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.
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APN#:466-211-13T-TCE City of Fresno/COUNTY OF FRESNO/PW00902
d. Headings. 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.
e. Severability. The provisions of this Agreement are severable. The
invalidity, or unenforceability or any one provision in this Agreement shall
not affect the other provisions.
f. Interpretation. 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 shall 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.
g. Attorney's Fees. If either party is required to commence any proceeding
or legal action to enforce or interpret any term, covenant or condition of
this 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.
h. Precedence of Documents. In the event of any conflict between the
body of this Agreement and any Exhibit 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.
i. Cumulative Remedies. No remedy or election hereunder shall be
deemed exclusive but shall, wherever possible, be cumulative with all
other remedies at law or in equity.
j. 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.
k. Extent of Agreement. Each party acknowledges that they have read and
fully understand the contents of this Agreement. This Agreement
represents the entire and integrated agreement between the parties with
respect 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 instrument duly authorized and executed
by both the City and the Owner.
1. Counterpart. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original, but all of which
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APN#:466-211-13T-TCE City of Fresno/COUNTY OF FRESNO/PW00902
together shall constitute one and the same instrument. Counterparts of
this Agreement may be exchanged by email or electronic facsimile and
any email or electronic facsimile exchange of a Party's signature shall be
deemed to be an original signature for all purposes.
[SIGNATURE PAGE TO FOLLOW]
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APN#:466-211-13T-TCE City of Fresno/COUNTY OF FRESNOIPWO0902
IN WITNESS WHEREOF, the parties have executed this Agreement at
Fresno, California, on the Effective date of this Agreement as defined above.
CITY OF FRESNO, THE COUNTY OF FRESNO, a political
A California municipal corporation subdivision of the State of California
By: e�Ll
'(Nicholas D. Mascia Date Date
Capital Projects Interim Director
Print Name: Iy+nlo,�a ��,.rl car
RECOMMENDED FOR APPROVAL: Title:-0,veJ-r, Ger.-e"A
By: 'a �..- -,'Z,5� By:
N a n' cylk runo Date Date
Right of Way Manager
Print NameJ�- C, aA&„-ham/
APPROVED AS TO FORM: Title:
ANDREW JANZ
City Attor
OWNER ADDRESS:
By:
b ate 2220 Tulare Street, Suite B
Deput Fresno, CA 93721
ATTEST: CITY ADDRESS:
TODD STERMER, MMC
City Clerk Capital Projects Department
Real Estate Division
747 R Street, 2nd Floor
By: ��d� `��2g�7.5 Fresno, CA 93721
Date
Deputy
Attachments:
1. Exhibit "A"
2. Exhibit "B"
7
APN#:466-211-13T-TCE City of Fresno/COUNTY OF FRESNO/PW00902
EXHIBIT "A"
APN 466-211-13T(portion)
Temporary Construction Easement
Those portions of Lots 27 through 32 of Block 70 of Town of Fresno, according to the map
thereof, recorded June 8, 1976, in Volume 1 of Plats, at Page 2, Fresno County Records, in
the City of Fresno, County of Fresno, State of California, and described as follows:
The northwesterly 2.00 feet of said Lot 32.
TOGETHERWITH the southwesterly 2.00 feet of said Lots 27 through 32.
EXCEPTING THEREFROM the northwesterly 2.00 feet of said Lot 32.
Containing an area of 575.97 square feet, more or less.
NO.8636
QP F CAU. ._.4
GO 2�zdZy
2024-094
15-A-10497
PLAT: 2755
PWF#13290
PWO0902
EXHIBIT "B "
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NO. 8636
® INDICATES AREA TO BE DEDICATED FOR PUBLIC STREET
�j4lF OF C AL\�o���Q
PURPOSES. 575.97 S.F.±.
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REF.B REV. CITY O F F RE S N O FUND ID. PW00902 RES TYPE
FUND NO 22512
2024-094 DEPARTMENT OF PUBLIC WORKS ORG.NO. 189901
PLAT 2755 DR.BY J-E.H SHEET NO. 1
TO BE DEEDED TO THE CITY OF FRESNO FOR CH.BY J.A.C. OF 1 SHEETS
PWF# 13290 TEMPORARY CONSTRUCTION EASEMENT PURPOSES DATE JUN.14.2024 15-A-10497
SGM.E 1"=40'
Recording Requested By: 2025-0042531
Public Works Department FRESNO County Recorder
City of Fresno Paul Dictos, CPA
No Fee-Gov't. Code Sections Thursday, May 01, 2025 12:52:35 PM
610'3 and 27383 CONFORMED COPY
When Recorded, Mail To: Copy of document recorded.
Public Works Department Has not been compared with original.
City of Fresno
2600 Fresno Street, RM. 4016
Fresno, CA. 93721-3623
ATTN: Right-of-way Section
SPACE ABOVE THIS LINE FOR RECORDERS USE
APN 466-211-13T (portion) PW-2024-16790
D17. q KU
TEMPORARY CONSTRUCTION EASEMENT ex"-h convNana- -to a-
"CA CAJ
The County of Fresno, a political subdivision of the State of California, GRANTOR, hereby
GRANTS to the City of Fresno, a municipal corporation, GRANTEE, a temporary easement
for the construction of public utilities and public street improvements, including, but not
limited to, concrete curbs, gutters, sidewalks, and driveway approaches, in the public street
right-of-way adjacent to said temporary easement,on-site transitions to said improvements,
and relocation or reconstruction of affected on-site facilities, hereinafter called
"Construction", over, under, through and across that real property situated in the City of
Fresno, County of Fresno, State of California, described and shown as follows:
See Exhibits "A" and "B", which are attached hereto and incorporated herein.
GRANTEE, its agents, employees, contractors and subcontractors and their employees
shall have the right to enter upon and pass and repass over and along said real property
and to deposit, store and use tools, implements and materials thereon whenever and
wherever necessary for the purpose of performing said Construction.
,SCLk'0( -texnpay-a.-V e,,etJ.,_1m ev� _r Ka-V C4,7m men u u-n Jj'JAAe 2,20 U aAd
County of Fresno, a political subdivision of the State of California
z
By- Dated:
Nam
Title: "w,
EST:ST,
2024-094
15-A-1 0497
PLAT: 2755
PWF#13290
PWO0902
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
validit of that document.
State of California
County of
On T ���!�7 before me,
(iT
sert name and title o the officer)
personally appeared G� '�i (�� k�iL�2k4-1-
who 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.
o.OITTLZ
NOTARY PUWJC-CAL1 OAW
oCOMMMSIO,N 244T1N
FREgryO COUNTY
MY Comm.M May 16,2W
Signature � ' �� �,. (� (Seal)
ti..
EXHIBIT "A"
APN 466-211-13T(portion)
Temporary Construction Easement
Those portions of Lots 27 through 32 of Block 70 of Town of Fresno, according to the map
thereof, recorded June 8, 1976, in Volume 1 of Plats, at Page 2, Fresno County Records, in
the City of Fresno, County of Fresno, State of California, and described as follows:
The northwesterly 2.00 feet of said Lot 32.
TOGETHERWITH the southwesterly 2.00 feet of said Lots 27 through 32.
EXCEPTING THEREFROM the northwesterly 2.00 feet of said Lot 32.
Containing an area of 575.97 square feet, more or less.
0�pL LA'P
NO, 8636
• OF CAO
2024-094
15-A-1 0497
PLAT: 2755
PWF# 13290
PWO0902
CERTIFICATE OF ACCEPTANCE (Officer) CERTIFICATE OF ACCEPTANCE(Council)
In accordance with Section 27281 of the Government In t
Code, this is to certify that the interest in real property Gede, lihis i5 te eeF4if-,',_'hat the iMeFewt 'A feal�"e'f
"Y-
conveyed hereby is accepted by the undersigned officers mm-VIC-3--led on behalf of the Council of the City of Fresno pursuant to muAieipel eeFlaeFetien, is hefeby ae—,,ted by eFdeF Of Ili
marelf-, I-me lade authority conferred by Resolution No. 92-219A of said 6n -V'rty Ur V-rUZTT0--M Council, adopted June 9, 1992 and the grantee consents
14 te 4 643AGepte te 4 dal—,
to the recordation thereof by its duly authorized officer. -
Public Works Director I'184R.ese. Ne.
ACCEPTED:
'Qat9 efG-9&F464-Gr4G_r_'
OLBy: 1 Date: City Clerk
Scott Mozier, Directoe-
By: Date: 412_q12_5
cv le&�e
APPROVED TO FORM:
City A toirney"
n C
By: Date: 4>
DEEP
"-
RECOMMENDED FOR ACCEPTANCE: CHECKED:
By: By:
Title: Encineer 11 Title: -Chief Land Survevor
Date: 04 z Date: Ze 0V
Log No. -'Oq Drawing No. tea 7
Project No,/Entitlement No. PVI/00 � 02
APN(s)- 7