HomeMy WebLinkAboutAgreement A-25-519 Purchase Agreement.pdf 25-0942
Agreement No. 25-519
Mt. Whitney Avenue Road
Reconstruction and Shoulder
GRANTORS: Erick Charles Brown PROJECT: Improvement Project
Richard Eugene Brown LIMITS: S. Marks Ave&S. Blythe Ave
ADDRESS: 21053 Sherrill St PARCEL: 2A
Riverdale, CA 93656 DATE: August 13, 2025
Federal
Project ID
APN: 053-020-33S No: CPFL-5942(314)
PURCHASE AGREEMENT
A deed to the County of Fresno (COUNTY) from the undersigned grantors Erick Charles Brown
and Richard Eugene Brown (GRANTORS) has been executed and delivered on October 7, 2025,
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 GRANTORS mutually agree as follows:
1. GRANTORS have 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 GRANTORS hereby
represents and warrants that they are fully authorized to bind GRANTORS 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 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 GRANTORS the sum of$247,000.00 for the
property interest conveyed by the 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, following approval and
signature from the Fresno County Board of Supervisors
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 GRANTORS receiving the total sum as stated in Section 3, the undersigned
GRANTORS 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.
GRANTORS"s obligation herein to indemnify and hold harmless COUNTY shall not exceed the
Purchase Agreement
Mt. Whitney Avenue Road Reconstruction
and Shoulder Improvements
Parcel 2A
Page 2
amount paid to the GRANTORS under this Agreement.
6. 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
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. COUNTY shall be responsible for the construction, maintenance, and repair of
any fencing, railing, or other dividers that separates Property from GRANTORS neighboring
property.
8. The amount specified in Section 3 includes full payment for the 0.955-acres fee
simple title, the cost to cure improvements to the GRANTORS's adjacent parcel necessitated by
this acquisition (to be scheduled and coordinated solely at the discretion of the GRANTORS, as
well as performed by the GRANTORS and/or their chosen contractor), and damages to the
remainder of the larger parcel compensating the GRANTORS for lost potential combined value
due to this project.
9. 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.
10. 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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Purchase Agreement
Mt. Whitney Avenue Road Reconstruction
and Shoulder Improvements
Parcel 2A
Page 3
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year
first above written.
GRANTORS:
Erick Charles Brown, a married man, dealing with his separate property, and Richard Eugene
Brown, an unmarried man
Erick Charles Brown, Owner Richard Eug ne own, Owner
9�2 12 - `? S
Date Date
COUNTY OF FRESNO: APP O LEGAL FORM:
_._._..�E "L'
Ernest C. Mendes Douglas Slo
Chairman of the Board of Supervisors County Counsel
of the County of Fresno
Date: !0— —a 5 Date: /A 1`J Z
ATTEST:
BERNICE E.SEIDEL APPROVED AS TO ACCOUNTING
Clerk of the Board of Supervisors FORM:
County of Fresno,State of California ,�
By_ eputy
Oscar J. Garcia,'CP
Auditor ControllerT asurer -Tax /
Collector
Date: z
NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED
3
S'TS ._ 011Or HT liJWNE'I
11WARKeS TO SLYT HE
�y 77 /M�ee?u �lJ•cryryAl2ry�
That portion of Section 25, Township 17 South, Flange -19 East, Nlount Diablo Baste and
Meridian, according -to the Official Plats thereof, described as follows:
COIAA 1ENCING at the Northwest corner of the northeast quarter of the Northwest quarter
of said Section 25; thence South 00' 08'55" East along the Westerly line of said Northeast
quarter of the Northwest quarter of Section 25, aiso being the Centerline of Martykenue,
sa distance of 190.00 feet to a point in the Southerly line of land (160 feet wide) of Southern
Pacific Transportation Company and the TRUE POINT OF BEGWINING (1) of the parcel
of land to be described; thence North 89' 52' 11'' East along said Southerly lire being
parallel with and distant 125.00 feet Southerly measured at right angles -from the original
located center line of said Company's main track tR iNjerdale Branch, now abandoned),
568.82 feet to a point in the center line of Sherrill A)jenue (60 feet wide); thence North 01°
10' 12" East along last said center line produced across said Company's land, 95.02 feet
to a point in a line parallel with and distant 30.00 feet Southerly, measured at right angles,
from said center line of main track; 'thence South 890 52' '1`1" IjAlest along last said center
line, 568.82 -feet to a point in said Westerly line; thence South 00' 08' 55" East along said
VVesterly line and Centerline of Marty Averp!Lpe, a distance of 95.00 feet, more or loss, to
the TRUE POINT OF BEGINNMIG (1);
EXCEPTING therefirom that portion deeded to the County of Fresno by deed recorded
June 4, 1985, as Document No. 85054522, a correction deed being recorded July 5, 1986,
as Document No. 86076,142, both of Official Records, being described as follows:
CQ}IVIENCING at the Northwest corner of the Northeast quarter of-te e Northwest quarter
of said Section 25; thence South 000 08' 55" East 30.00 -feet -to -the Point of Beginning;
thence North 89' 52' 11" East, along the Northerly line of land described in deed elated
June 29, 1911, from E. 1. Sherrill to Hari-ford & Summit Lake Railway Company, recorded
July 13, 1911, In Deed Boob 473, Page 378, Records of said Coiunty, 5'72.00 feet; thence
South 01' 10' 12" '19'v'est 160.04 feet -to the Southerly Rime of said land; thence South 89'
52' 11" West, along said Southerly line 30.00 feet; -thence North 01° 10' 12" East 95.02
feet; thence South 89' 52' 11" West 510.51 feet; thence South 00' 08, 55" East 95.00 feet
to said Southerly line; thence South 89' 52' 11" '01-est, along said Southerly line, 30.00
feet; thence North 00' 08' 55" West 160.00 feet to the Point of Beginning.
ALSO EXaCEPTJNG that portion as described as -follows:
C01jN3iWEH1C9i1,1G at the Northwest corner of the Northeast quarter of the North-west Cluariter
oT said Section 25; thence, South 00' 08' 55" East, along the 'Westerly line of said
i\lortheast quarter of the Northwest quarter of Section 25, a distance of 190.00 feet to
point on the Southerly line of -the land of Southern Pacific Transportation Company;
thence, North 89" 52' 11" East along said Southerly line, a distance of 30.00-feet to a point
on the Easterly right of way line of Mar-ty Avenue, said point being South 89" 52' 1 1"West,
2.00 feet distant from the Northwest corner of Lot 19, Block 5 of the Map of the Town 0-q
Riverdale, recorded July 3, 19-11 in Book 6, Page 45 of Record Of Surveys, Fresno
County C
Records; thence, continuing on said previous course, North 89' 521 11" East, a
distance of 250.12 -Feet to the Northeast corner of Lot 10, Block 5 of said map and the
TRUE POINT OF BEGIfiNZING �:2);
1) Thence, North 00c' 08' 56" West along the Northerly prolongation of the Easterly
line of Lot 10, a distance of 25.00 feet to a point on a line that is parallel with and
25.00 feet Northerly of the Southerly line of said Southern Pacific Transportation
Company's land;
2) Thence, North 89' 52' 1 East along said parallel line, a distance of 223.77 feet
to a point being 35.00 ,fee't distant from the Westerly right of way line Of Sherrill
(formerly Ivy) Avenue;
3) 'Thence, North 62' 56' 15" East, a distance of 39.72 feet to a point on said
Westerly right of way line of Sherrill Avenue, said point being 43.00 feet Northerly
-from the Southerly line of the Southern Pacific Transportation Company's land;
4) Thence, South 01' 1U 12" West along said Westerly line of Sherrill Avenue, a
distance of 43.00 feet to -the Northeast corner of Lot 1, Block 5 of said Nlap of
the Tovin of Riverdale, said point also being on said Southerly line of the
Southern Pacific Transportation Company's land;
5) Thence, South 890 52' 11" West along said Southerly line, a distance of 258.20
-feet to the TRUE POINT OF BEGINNING (2).
Containing 0.965 acres of land, more or less.
,j No. 8,565,//
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Parcel No. 2A
Fund: 0010
Subclass: 11000
Org: 4510-4513
Account: 8110
Program: 91267
Activity Code: 4755
Project: E231109