GRANTOR: McClure APN: 404-460-008
Project Name: Sycamore Avenue Trunk Sewer Replacement
CITY OF HERCULES AGREEMENT NO.
PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT ("Agreement") is entered into as of the day of , 2023, by and between JANAIAH LUNDBLADE
MCCLURE AND MAURICE DESHAY MCCLURE, (hereinafter referred to as "GRANTOR") and CITY OF HERCULES, A POLITICAL SUBDIVISION OF THE STATE OF CALIFORNIA (hereinafter referred to as "GRANTEE");
RECITALS
WHEREAS, GRANTOR owns certain real property, including all improvements located thereon, located in City of Hercules, State of California, and more particularly known as Assessor's Parcel Number: 404-460-008 on the Contra Costa County Assessor's Maps in effect on the date first above written; and
WHEREAS, in conjunction with the Sycamore Avenue Trunk Sewer Replacement Project in the City of Hercules (hereinafter referred to as the "PROJECT") GRANTEE desires to purchase and GRANTOR is willing to sell and convey to GRANTEE for the price and under the terms and conditions specified herein, a permanent easement identified in Exhibits "A" and "B," attached hereto and incorporated by reference herein, over a portion of APN: 404-460-008 retained by GRANTOR, the interest to be conveyed being referred to hereinafter as "the Property", and
WHEREAS, to accomplish the foregoing desires of GRANTEE and GRANTOR, the parties desire to enter into this Agreement for purchase and sale of the Property under the terms and conditions set forth herein below;
TERMS
NOW, THEREFORE, in consideration of the promises set forth herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, GRANTEE and GRANTOR agree as follows:
Entire Agreement.
This Agreement constitutes the entire agreement between the parties relating to the subject of this Agreement and supersedes all previous agreements, promises, representations, understandings and negotiations, whether written or oral, among the parties with respect to the subject matter hereof. The performance of this Agreement constitutes the entire consideration for the conveyance of the Property and shall relieve GRANTEE of all further obligations or claims on this account or on account of the location, grade or operation of the PROJECT as designed.
GRANTEE shall:
Pay the sum of Six Hundred and No/100 Dollars ($600.00) for the Property, as improved and identified in GRANTEE's Waiver Valuation delivered separately with this Agreement and in Exhibits "A" and "B."
GRANTOR: McClure APN: 404-460-008
Project Name: Sycamore Avenue Trunk Sewer Replacement
GRANTOR shall: Prior to the payment of the amount identified in Paragraph 2(A) herein, an easement deed, suitable for recordation, for the construction of a new sewer line (PROJECT). A sample attached hereto and incorporated by reference herein as Attachment 1 conveying from GRANTOR to GRANTEE a permanent easement to the Property described in Exhibits "A" and "B" shall be submitted to GRANTEE for acceptance and recordation.
14. Indemnification.
GRANTEE shall indemnify, defend and hold harmless GRANTOR from and against all claims, causes of action, damages, liabilities, injuries, actions, costs and expenses (including reasonable Attorneys' fees and costs), arising from the exercise of GRANTEE's rights under this Agreement, or work performed in connection with the PROJECT, excepting only such loss, damage or liability arising from GRANTOR's intentional acts or sole negligence.
5. Right of Possession.
It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this Agreement, the right of possession and use of the Property by GRANTEE include, without limitation, the right to enter upon the permanent easement area with personnel, vehicles and equipment for construction of the Project, and all other related activities, to remove all improvements, trees and vegetation that interfere with the Project, to conform the permanent easement area to the Project, and to do any and all other actions necessary and appropriate to the construction of the Project. As used here, GRANTEE includes its officers, agents, contractors, and employees. The Agreement shall commence on the date the permanent easement Deed is recorded. GRANTOR shall have use of the property until GRANTEE takes physical possession.
The GRANTEE shall notify the GRANTOR 10 days by written notice, prior to commencement of actual construction, first class mail, delivery deemed completed on date of mailing.
No Leases.
GRANTOR warrants that there are no oral or written leases on all or any portion of the Property exceeding a period of one month, and GRANTOR further agrees to hold GRANTEE harmless and reimburse GRANTEE for any and all of its losses and expenses occasioned by reason of any lease of the Property held by any tenant of GRANTOR for a period exceeding one month.
Quitclaim Deeds.
As a condition precedent to approval of this Agreement by GRANTEE's governing board or authorized designee, Quitclaim Deeds or similar releases sufficient to clear from the Property any possessory rights which might interfere with GRANTEE's use of the Property will be required. It shall be the GRANTOR'S responsibility to secure said Quitclaim Deeds or releases.
GRANTEE agrees to assist GRANTOR in securing said Quitclaim Deeds or releases.
8. Integrity of Property.
Except as otherwise provided herein or by express written permission granted by GRANTEE, GRANTOR shall not, after the date of execution of this Agreement and the receipt of consideration, alienate, lien, encumber or otherwise transfer the Property or any portion thereof or allow the same to occur, cause or allow any physical changes on the Property, or enter into a lease or contract with respect to the Property or any portion thereof which would survive the receipt of consideration and impair GRANTEE'S use of the Property. At its sole expense,
GRANTOR: McClure APN: 404-460-008
Project Name: Sycamore Avenue Trunk Sewer Replacement
GRANTOR shall maintain the Property in a condition so as not to interfere with GRANTEES TCE.
9. Further Assurances.
The parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the parties.
10. Gender, Number.
As used herein, the singular shall include the plural and the masculine shall include the feminine, wherever the context so requires.
Governing Law.
This Agreement shall be governed, interpreted, construed and enforced in accordance with the laws of the State of California.
Headings.
The captions and paragraph and subparagraph headings used in this Agreement are inserted for convenience of reference only and are not intended to define, limit or affect the construction or interpretation of any term or provision hereof.
Modification, Waiver.
No modification, waiver, amendment or discharge of this Agreement shall be valid unless the same is in writing and signed by both parties.
No Other Inducement.
The making, execution and delivery of this Agreement by the parties hereto has been induced by no representations, statements, warranties or agreements other than those expressed herein.
Severability.
If any term, provision, covenant or condition of this Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Agreement shall be severable and shall not be affected thereby, and each of the remaining terms, provisions, covenants or conditions of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
16. Specific Performance and Other Remedies.
The parties understand that the interests and rights being conveyed by this Agreement are unique and for that reason, among others, the parties will be irreparably damaged in the event that this Agreement is not specifically enforced. Accordingly, in the event of any controversy concerning the obligations under this Agreement, such obligation shall be enforceable by a decree of specific performance or by injunction. Such remedies and all other rights and remedies set forth herein shall be cumulative and not exclusive, and shall be in addition to any and all other remedies which the parties may have hereunder at law or in equity.
17. Successors.
GRANTOR: McClure APN: 404-460-008
Project Name: Sycamore Avenue Trunk Sewer Replacement
All terms of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties hereto and their respective heirs, legal representatives, successors, and assigns.
18. Waiver.
The waiver by one party of the performance of any term, provision, covenant or condition shall not invalidate this Agreement, nor shall it be considered as a waiver by such party of any other term, provision, covenant or condition. Delay by any party in pursuing any remedy or in insisting upon full performance for any breach or failure of any term, provision, covenant or condition shall not prevent such party from later pursuing remedies or insisting upon full performance for the same or any similar breach or tailure.
Attorney's Fees.
Should any litigation be commenced between the parties to this Agreement concerning the sale or the rights or duties of the parties in relation thereto, the party prevailing in such litigation shall be entitled, in addition to such other relief as may be provided by this Agreement, to a reasonable sum as and for attorney's fees in such litigation, or in a separate action brought for that purpose.
Such litigation shall be brought in the Superior Court of California, County of Contra Costa, a Unified Court.
20. Notices.
All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed to have been duly given on the date of delivery if served personally on the party to whom notice is to be given, or if mailed, five (5) days after mailing by first class mail, registered or certified mail, postage prepaid, and properly addressed as follows. Any party may change its address for purposes of this section by giving the other parties written notice of the new address in the manner set forth above.
GRANTEE: City of Hercules
Department of Public Works & Engineering
111 Civic Drive
Hercules, CA 94547
GRANTOR: Janaiah and Maurice McClure
136 Camden Lane
Hercules, CA 94547
No Real Estate Commissions.
Each party represents and warrants to the other that it has not engaged or dealt with any broker or finder in connection with this transaction, has not acted in a way that would entitle any such brokers or finders to any commission, and it shall defend, indemnify and hold the other party harmless from all claims, losses, damages, costs and expenses, including reasonable attorneys' fees, arising from or related to any assertion by any broker or finder contrary to the foregoing representations and warranties where the same is based upon the acts or alleged acts of the indemnifying party.
GRANTOR: McClure APN: 404-460-008
Project Name: Sycamore Avenue Trunk Sewer Replacement
Electronic, Facsimile & Counterpart Copies of Agreement Valid and Binding for Preliminary Purpose. GRANTEE and GRANTOR agree that any electronic or facsimile copy if this Agreement or counterpart copies, including all attachments, signatures and initials appearing thereon, shall be valid and binding on GRANTOR for purposes of presentation of the Agreement to GRANTEE's governing board for approval, but that all such copies shall be replaced prior to close of escrow by a fully executed original which shall be delivered to and kept in the official records of GRANTEE.
23. Approval of GRANTEE.
GRANTOR understands that this Agreement is subject to the approval of GRANTEE's Board or authorized designee and that this Agreement shall have no force or effect unless and until such approval has been obtained.
24. Authority to Sign.
GRANTOR and the signatories for GRANTOR represent and warrant that GRANTOR'S signatories to this Agreement are authorized to enter into this Agreement and that no other authorizations are required to implement this Agreement on behalf of GRANTOR. The parties agree that written evidence of such authorization shall be submitted by each party to the other party prior to the close of escrow.
25. Counterparts Signature.
This Agreement may be executed in counterparts, each of which shall be an original, but all counterparts shall constitute one agreement.
Signatures on following page
APN: 404-460-008
GRANTOR: McClure
Project Name: Sycamore Avenue Trunk Sewer Replacement
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written.
GRANTEE: GRANTOR:
City of Hercules, A POLITICAL Janaiah Lundblade McClure and Maurice SUBDIVISION OF THE STATE OF Deshay McClure, Husband and Wife
CALIFORNIA
(inele
By: By:
Janaiah Lundblade McClure
Date: 4/24/23
W: Will
By: _
Maurice Deshay McClure
Date: 4 24 23
PORTION OF
APN 404-460-008
#136 CAMDEN LANE
HERCULES, CA
EXHIBIT A
LEGAL DESCRIPTION
CITY OF HERCULES
SANITARY SEWER EASEMENT
A portion Lot 8 as shown on the map of Subdivision 8316 Bayside, filed October 26, 2000, in Book 426 of Maps at Page 1, in the office of the County Recorder, County of Contra Costa, State of California, more particularly described as follows:
BEGINNING at the most northerly corner of said Lot 8 as shown on said map of Subdivision 8316 Bayside (426 M 1); thence, along the northeasterly line of said Lot 8 (426 M 1), South 37°54'00" East, 10.64 feet to a point on the northerly line of the Sanitary Sewer Easement granted to the City of Hercules, filed November 13, 1974, in Book 7366 of Official Records at
thence, leaving said northeasterly line of Lot 8 (426 M 1), along said northerly easement line (7366 OR 438), westerly along a non-tangent curve to the right, the center of which bears North 0°50'24" West, having a radius of 290.00 feet, through a central angle of 2°14'33", an arc length of 11.35 feet; thence, leaving said northerly easement line (7366 OR 438) North 45°43'52" West, 3.65 feet to a point on the northwesterly line of said Lot 8 (426 M 1); thence, along said northwesterly line of Lot 8 (426 M 1), North 52°06'00" East, 9.42 feet to the point of beginning.
Containing an area of 65 square feet, more or less.
LAND
This easement is as shown on Exhibit B attached hereto and by LICENSED SURVEYOR this reference made a part hereof.
No. 7893 *
Prepared by me or under my direction in
STATE OF CALIFORNIA
conformance with the Professional Land
Surveyors Act:
4/13/2023
U7410 Date
LCC ENGINEERING & SURVEYING, INC.
930 ESTUDILLO STREET
MARTINEZ, CA 94553 EXHIBIT A
WWW.LCC-INC.COM Page 1 of 1
EXHIBIT B PORTION OF
NOTE: OTHER EASEMENTS APN 404-460-008
MAY EXIST AND ARE NOT PLAT MAP
SHOWN ON THIS PLAT. #136 CAMDEN LANE
TO ACCOMPANY LEGAL DESCRIPTION HERCULES, CA.
LOT 7 CITY OF HERCULES
(426 M 1) SANITARY SEWER EASEMENT
N52°06'00"E N3754'00
S39'39'53"E
LOT 33
(437 M 31) N
NEW SEWER EASE.
AREA=65+ SF
CAMDEN LANE $3016'57'E
P.O.B.
N37º54'00"W 1200 APN: 104460041
NO°50'24" W(R) PCL Q
10.64' (437 M 31)_
A=2:14'33"
L=11.35
40.21 (T) R=290.00'
68.50'(T) 33.23'(T)
N45'43'52"W S3754'00"E N4'07'38" W(R)
3.65'
N52'06'00"E 20' SS ESMT TO CITY
(7366 OR 438)
SUBD 8316
(426 M 1)
-
PCL A
136 CAMDEN LN LOT 8
(426 M 1) (426 M 1)
APN: 404-460-008
LEGEND
10 10 20 Monument Line
- Property Line
— Existing Easement Line
--- New Easement Line
SCALE IN FEET
LAND ENGINEERING & SURVEYING, INC.
"ICENSED SURVEY L$C
930 Estudillo Street
Martinez, California 94553-1620
(925) 228-4218 Fax (925) 228-4638
* No. 7893 * www.lcc-inc.com
LATE OF CALIFORNI MARCH 2021
4/13/2023
DATE LCC JOB No. 2019.023.02
SHEET 1 of 1
ATTACHMENT "1"
Recorded At The Request Of:
The City of Hercules
When Recorded Mail To:
City of Hercules
Public Works Director/City Engineer
111 Civic Drive
Hercules, CA 94547
Space above this line for Recorder's use
This document is recorded for the City of Hercules and is therefore exempt from the payment of a recording fee pursuant to Government Code section 27383 or filing fee pursuant to Government Code section 6103, and from the payment of the documentary transfer tax pursuant to Revenue and Taxation Code section 11922.
APN: 404-460-008
EASEMENT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Janaiah Lundblade McClure and Maurice Deshay McClure, GRANTOR(S) hereby grant(s) to the City of Hercules, GRANTEE(S), an easement for sanitary sewer purposes in, on, over, under, and through the real property in the City of Hercules, County of Contra Costa, State of California, described on Exhibit "A" and shown on Exhibit "B," which exhibits are attached hereto and by reference made a part hereof.
Grantor further grants, bargains, sells, and conveys unto the Grantee the right of assignment, in whole or in part, to others, without limitations, and the right to apportion or divide rights, including, but not limited to, all rights of access and ingress and egress granted to the Grantee by this Easement Deed.
Janaiah Lundblade McClure
Maurice Deshay McClure
Husband and Wife
By:
Janaiah Lundblade McClure
Date: 4/24/23
1= Wille
By:
Maurice Deshay McClure
Date: 4/24/23
PORTION OF
APN 404-460-008
#136 CAMDEN LANE
HERCULES, CA
EXHIBIT A
LEGAL DESCRIPTION
CITY OF HERCULES
SANITARY SEWER EASEMENT
A portion Lot 8 as shown on the map of Subdivision 8316 Bayside, filed October 26, 2000, in Book 426 of Maps at Page 1, in the office of the County Recorder, County of Contra Costa, State of California, more particularly described as follows:
BEGINNING at the most northerly corner of said Lot 8 as shown on said map of Subdivision 8316 Bayside (426 M 1); thence, along the northeasterly line of said Lot 8 (426 M 1), South 37°54'00" East, 10.64 feet to a point on the northerly line of the Sanitary Sewer Easement granted to the City of Hercules, filed November 13, 1974, in Book 7366 of Official Records at
thence, leaving said northeasterly line of Lot 8 (426 M 1), along said northerly easement line (7366 OR 438), westerly along a non-tangent curve to the right, the center of which bears North 0°50'24" West, having a radius of 290.00 feet, through a central angle of 2°14'33", an arc length of 11.35 feet; thence, leaving said northerly easement line (7366 OR 438) North 45°43'52" West, 3.65 feet to a point on the northwesterly line of said Lot 8 (426 M 1); thence, along said northwesterly line of Lot 8 (426 M 1), North 52°06'00" East, 9.42 feet to the point of beginning.
Containing an area of 65 square feet, more or less.
LAND
This easement is as shown on Exhibit B attached hereto and by LICENSED SURVEYOR this reference made a part hereof.
No. 7893
Prepared by me or under my direction in
LATE OF CAL PRAN
conformance with the Professional Land
Surveyors Act:
4/13/2023
U3410 Date
LCC ENGINEERING & SURVEYING, INC
930 ESTUDILLO STREET
MARTINEZ, CA 94553 EXHIBIT A
WWW.LCC-INC.COM Page 1 of 1
NOTE: OTHER EASEMENTS EXHIBIT B PORTION OF
APN 404-460-008
MAY EXIST AND ARE NOT PLAT MAP
SHOWN ON THIS PLAT. #136 CAMDEN LANE
TO ACCOMPANY LEGAL DESCRIPTION HERCULES, CA.
LOT 7 CITY OF HERCULES
(426 M 1) SANITARY SEWER EASEMENT
N52'06'00"E 1900
53939'53 E
LOT 33
(437 M 31) N
NEW SEWER EASE.
AREA=65+ SF
CAMDEN LANE
P.O.B. S30%6'57'E
N3754'00° APN: 40460-041
NO°50'24" W(R) PCL Q
10.64 (437 M 31)_
LA=214'33"
L=11.35'
40.21'(T) R=290.00'
68.50(T) 33.23 (T)
N45°43'52*W S37°54'00"E N4°07'38"W(R)
3.65'
N52'06'00"E L20' SS ESMT TO CITY
(7366 OR 438)
SUBD 8316
(426 M 1)
-
LOT 8 PCL A
136 CAMDEN LN
(426 M 1) (426 M 1)
APN: 404-460-008
LEGEND
10 10 - Monument Line
- Property Line
- Existing Easement Line
--New Easement Line
SCALE IN FEET
L$C • ENGINEERING & SURVEYING, INC.
930 Estudillo Street
Martinez, California 94553-1620
RKS (925) 228-4218 Fax (925) 228-4638
No. 7893 www.lcc-inc.com
MARCH 2021
4/13/2023
DATE SHEET 1 of 1 LCC JOB No. 2019.023.02
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
validity of that document.
State of California
County of _ CONTRA COSTA
04-24-2023 _ before me, _ ELIAS GEORGO POULOS- NOTARY PUBLIC (insert name and title of the officer)
JANAIAH LUNDBLADE MCCLURE
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. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
ELIAS GEORGOPOULOS
WITNESS my hand and official seal. Notary Public - California Contra Costa County
Commission # 2322917
My ComT.. Expires Mar 1, 2024
Signature (Seal)
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
validity of that document.
State of California
County of CONTRA COSTA
O 04.24-2023 _before me, ELIAS GEORGOPOULOS- NOTARY PUBLIC (insert name and title of the officer
personally appeared MAURICE DESHAY MCCLURE
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 capacityfies), 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.
ELIAS GEORGOPOULOS
WITNESS my hand and official seal. Notary Public - California Contra Costa County
Commission #2322917
Signature (Seal)
CERTIFICATE OF ACCEPTANCE
Pursuant to California Government Code Section 27281, this is to certify that the interest in real property conveyed by that certain RIGHT OF WAY EASEMENT DEED dated , from Janaiah Lundblade McClure and Maurice Deshay McClure, to CITY OF HERCULES, ¿ political subdivision of the State of California, is hereby accepted by order of the City Council of said Cit! of Hercules on
and Grantee consents to recordation thereof by its duly authorized officer.
Dated
XXXX
City Council
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual ho signed the document to which this certificate i
tached, and not the truthfulness, accuracy, o
State of Califomia
County of
On _ before me, -
(insert name and title of the officer)
personally appeared
I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)