RESOLUTION NO. 2022-0144
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND
APPROVING AN ADDITIONAL ALLOCATION OF FUNDS FROM THE GENERAL
FUND FOR THE FUNDING OF PROFESSIONAL SERVICES BY DATATICKET WHEREAS, the City Council of the City of McFarland has approved a fiscal year budget for 2022/2023; and
WHEREAS, the City Council approved agreement with DataTicket on September 30, 2022; and
WHEREAS, the total funds needed for this appropriation to fund all late payments and future payments for fiscal year 2022-2023 is $5,000.00; and WHEREAS, the total funds needed for this appropriation has been recovered in the amount of $8,560.00 since approval of agreement; and
WHEREAS, the amount outstanding owed by violators to the City from citations and late fees as of December 7th, 2023 is $51,625.00; and
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of McFarland that it hereby finds and determines as follows:
1) The foregoing recitals are true and correct and incorporated herein as if set forth in full. 2) An additional $5,000.00 shall be allocated to the budget line for the Code Enforcement Professional Services from the City’s General Fund.
3) The City Manager is hereby authorized and directed to utilize funds in the amount of $5,000.00 for the professional service agreement with DataTicket. 4) The City Clerk shall certify to the passage and adoption of this resolution. 5) This resolution is effective immediately.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of McFarland on the 22nd day of December 2022 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Francisca Alvarado, City Clerk
CITY OF MCFARLAND:
Saul Ayon, Mayor
I, _________________________, City Clerk of the City of McFarland, California, DO HEREBY CERTIFY that the foregoing resolution is a true and accurate copy of the Resolution passed and adopted by the City Council of the City of McFarland on the date and by the vote indicated herein.
Francisca Alvarado, City Clerk
CITY OF MCFARLAND
STAFF REPORT
TO: Honorable Mayor and Council Members
FROM: Kenny Williams, City Manager
DATE: December 22, 2022
SUBJECT: City Council Approval of Resolution No. 2022-0145 approving Purchase Agreement and Sale of Permanent Easement.
SUMMARY:
A new housing development, which was approved by this Council, is currently being constructed and is bounded by Taylor Avenue and Garzoli Avenue. Currently, the proper infrastructure along both Taylor Avenue and Garzoli Avenue does not exist to allow the residents of this new development to safely travel. Thus, the City must construct proper infrastructure, including widening of the road, curb, gutters and sidewalks. Such construction will provide a complete infrastructure installation that will coincide with the installation of the housing development in the area.
The City, however, does not own the property where the infrastructure must be constructed. The parcel is located across from Horizon Elementary at the Southwest corner of Taylor Avenue and Garzoli Avenue. The property is designated as single-family residential, R-1, zoning on the City General Plan Map and Zoning map. Therefore, to complete these improvements, the City must acquire rights of way and/or public utility easements from the affected property along the corridor within the Project area.
Through negotiation with the Property Owner, the City and owner have come to an agreement for the purchase of the land needed to provide these improvements to Taylor Avenue and Garzoli Avenue around his property. This agreement will solidify the purchase and begin the process of the purchase by the city with the Title Company Chicago Title for the land needed for the improvements.
FISCAL IMPACT:
LEGAL FEES
ESCROW FEES (CHICAGO TITLE ) - $800.00
PURCHASE (TRAFFIC IMPACT FEES ) - $74,000.00
RECOMMENDATION:
Staff recommends the City Council Approve Resolution No. 2022-0145 Approving Purchase Agreement and Sale of Permanent Easement and Appropriation for Purchase.
ATTACHMENTS:
RESOLUTION NO. 2022-0145
PURCHASE AGREEMENT
RESOLUTION NO. 2022-0145
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND
APPROVING AN ADDITIONAL ALLOCATION OF FUNDS FROM THE GENERAL
FUND FOR THE PURCHASE OF LAND WITHIN THE AGREEMENT FOR
PURCHASE AND SALE OF PERMANENT EASEMENT
WHEREAS, the City Council of the City of McFarland has approved a fiscal year budget for 2022/2023; and
WHEREAS, the City Council believes the purchase of the land needed for improvements is in the best interest of the City and a necessity; and WHEREAS, the total funds needed for this appropriation to fund the purchase of the land is $74,000.00; and
WHEREAS, the total funds needed for the legal fees and escrow is $4,000.00; and WHEREAS, the total funds needed for this appropriation will be spent from Traffic Impact Fees; and
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of McFarland that it hereby finds and determines as follows:
1) The foregoing recitals are true and correct and incorporated herein as if set forth in full. 2) An additional $78,000.00 shall be allocated to the budget line for the Capital Improvement Projects from the City’s General Fund.
3) The City Manager is hereby authorized and directed to utilize funds in the amount of $78,000.00 for the legal fees and purchase of land to conduct necessary infrastructure improvements.
4) The City Clerk shall certify to the passage and adoption of this resolution. 5) This resolution is effective immediately.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of McFarland on the 22nd day of December 2022 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Francisca Alvarado, City Clerk
CITY OF MCFARLAND:
Saul Ayon, Mayor
I, _________________________, City Clerk of the City of McFarland, California, DO HEREBY CERTIFY that the foregoing resolution is a true and accurate copy of the Resolution passed and adopted by the City Council of the City of McFarland on the date and by the vote indicated herein.
Francisca Alvarado, City Clerk
AGREEMENT FOR THE PURCHASE AND SALE OF PERMANENT EASEMENT This Agreement is entered into on this 22 day of December, 2022 by and between the CITY of McFarland (“CITY”) and Elisio Santillano Jr., and Liticia Santillano (collectively “GRANTOR”). [RECITALS]
A. GRANTOR is the fee owners of property identified by Assessor's Parcel No. 060-09-08 with address 31197 Taylor Avenue, McFarland, CA 93250 (“Property”).
B. The CITY seeks to acquire Permanent Roadway and Improvement Easement for the Taylor Avenue and Garzoli Avenue Road Widening Project (“Project”). The Project is a public works project and public use for which the CITY has the authority to exercise its power of eminent domain.
C. GRANTOR desires to sell the easement to the CITY and the CITY desires to purchase the easement from the GRANTOR on the terms and conditions contained in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows:
1. PROPERTY TO BE CONVEYED: GRANTOR agrees to sell and CITY agrees to purchase from GRANTOR on the terms set forth in this Agreement a perpetual easement (“Perpetual Easement”) over, upon, under and across the Property. The Perpetual Easement is more particularly described and depicted in Exhibit A attached hereto and incorporated herein by reference (the “Easement”). The area encompassed by the Easement is referred to herein as the “Easement Area.” The conveyance of the Easement includes conveyance, to the CITY, of all hereditaments and appurtenances belonging to or inuring to the benefit of the GRANTOR and pertaining to the Easement Area and all improvements and non-moveable equipment and fixtures located thereon, and all development rights, air rights, mineral rights, water and water rights, if any, relating to the Easement Area.
2. SALE OF PERSONAL PROPERTY: The CITY acknowledges that no personal property is being conveyed to the CITY pursuant to this Agreement.
3. DELIVERY AND ACCEPTANCE OF GRANT OF EASEMENT:
a. Within Fourteen (14) days after the execution of this Agreement GRANTOR shall deliver to the CITY the following:
i. A deed conveying the Easement from GRANTOR to the CITY (“Easement Deed”), a form of which is attached hereto as Exhibit “C”, duly executed by GRANTOR and acknowledged.
b. Upon receipt of the one or more grant deeds conveying the above-described Easement, duly executed and acknowledged, and subject to the terms and conditions of this Agreement, CITY shall execute an acceptance of said Grant Deed(s).
4. COMPENSATION: CITY shall pay to the GRANTOR as the total purchase price for the Easement (the “Purchase Price”) the sum of Seventy Four Thousand Dollars ($74,000.00) as full and just compensation conditioned upon the Easement vesting in the CITY free and clear of all liens, leases, encumbrances, easements (recorded and/or unrecorded), assessments and taxes except any title exceptions acceptable to CITY as so indicated by CITY in writing (“Permitted Exceptions”). The purchase price for the Easement includes payment for any and all improvements removed and not replaced thereon. The CITY shall make payment as follows:
a. The CITY shall pay all escrow, recording and title insurance charges, if any, incurred in this transaction.
b. The CITY shall have the authority to deduct and pay from the amount shown above any amount necessary to satisfy any liens, bond demands and delinquent taxes due in any year except the year in which this transaction closes, together with penalties and interest thereon, and/or delinquent and unpaid non delinquent assessments.
Close of this transaction and payment of compensation may, at the sole discretion of CITY, be contingent upon any or all of the following: (1) the CITY’S receipt of subordination agreements and/or consents and/or quitclaim deeds and/or deeds of partial reconveyances from any deed(s) of trust or mortgage holder trustees and beneficiaries and/or Lessees, and; (2) issuance of an CLTA or ALTA title insurance (subject only to Permitted Exceptions) from that title insurance company, and in a form acceptable to CITY.
c. Effective Date: Rights under the Easement shall take effect immediately after payment of the Purchase Price and the CITY’s acceptance of the Easement Deed. d. Recordation. Upon and after payment of the Purchase Price to GRANTOR, the CITY shall have the right to record the Easement Deed in the Office of the County Recorder of Kern County.
5. PUBLIC PURPOSE: CITY requires the Easement property not now appropriated for public use, for the Project for which the CITY may exercise the power of eminent domain.
CITY and GRANTOR recognize the expense, time, effort and risk for both CITY and GRANTOR in resolving a dispute over just compensation for the Easement by eminent domain litigation. The parties further recognize that the compensation set forth herein for the Easement constitutes a compromise and settlement in lieu of litigation.
6. REPRESENTATIONS AND WARRANTIES:
a. GRANTOR hereby represent and warrant to the CITY that, unless otherwise expressly provided, as of the date of execution hereof:
i. GRANTOR is not “foreign persons” within the meaning of Internal Revenue Code §1445.
ii. To the best of GRANTOR’s current, actual knowledge, no representation, warranty, or statement of GRANTOR in this Agreement or made by GRANTOR in any document furnished or to be furnished to the CITY pursuant to this Agreement, contains or will contain any untrue statement of a material fact. To the best of GRANTOR’s then current, actual knowledge, all representations, warranties, and statements made by GRANTOR are based on correct and complete information as of the time furnished to the CITY, and, unless otherwise disclosed to the CITY, to the best of GRANTOR’s current, actual knowledge there has been no material adverse change in such information after such time. GRANTOR agrees to notify the CITY promptly if GRANTOR learns of any material adverse changes to information provided to the CITY before payment of the Purchase Price.
iii. To the best of GRANTOR’s knowledge, other than any eminent domain action, there are no actions, suits, material claims, legal proceedings, or any other proceedings affecting the Property or any portion thereof, at law, or in equity before any court or governmental agency, domestic or foreign, including related to hazardous substances.
iv. Until the Easement Deed is recorded, GRANTOR shall maintain the Easement Area in good condition and state of repair, maintenance and shall perform all their obligations under any service contracts or other contracts affecting the Easement Area or the Easement.
v. Until the Easement Deed is recorded, GRANTOR shall not do anything which would impair GRANTOR’s title to any portion of the Property. vi. To the best of GRANTOR’s knowledge, neither the execution of this Agreement nor the performance of the obligations set forth in it will conflict with, or breach, any of the provisions of any bond, note, evidence of indebtedness, contract, lease, or other agreement or instrument to which GRANTOR’s property may be bound.
vii. Until the Easement Deed is recorded, GRANTOR shall, upon learning of any fact or condition which would cause any of the warranties, representations and covenants in this Agreement not to be true, immediately give written notice of such fact or condition to the CITY. viii. No leases, licenses, or other agreements allowing any third-party rights to use the Easement Area are or will be in force.
ix. GRANTOR shall not permit any liens, encumbrances, or easements to be placed on the Easement Area, nor shall GRANTOR enter into any agreement regarding the sale, rental, management, repair, improvement, or any other matter affecting the Easement Area or the Easement. Agreement for Acquisition of Easement
x. Any information that GRANTOR have delivered to the CITY, either directly or through GRANTOR’s agents, is accurate and GRANTOR has disclosed all material facts concerning the operation, development, or condition of the Property and/or Easement Area.
xi. GRANTOR represents and warrants that to the best of its knowledge GRANTOR is not aware of any underground storage tanks on, in or under the Easement Area and is not aware of any hazardous, toxic or petroleum product substances or materials in, on or near the Easement Area.
GRANTOR acknowledges that CITY has informed GRANTOR as to the plans for the construction of the proposed public improvements in the manner proposed.
xii. GRANTOR represents and warrants that GRANTOR is the sole fee owner of the Owner's Property and GRANTOR warrants that GRANTOR has the right and power to enter into this Agreement and to convey the Easement and, by said Grant Deed, does convey the Easement free and clear of all taxes, assessments, encumbrances, easements, liens, leases, deeds of trust, and claims of any kind whatever, except for such matters as may be waived by the CITY. GRANTOR further represents and warrants that it is not under contract with any other party for the purchase and sale of the Owner's Property, and that there are no oral or written leases in effect with respect to any portion of the Easement Area.
xiii. GRANTOR agrees to indemnify, defend with counsel approved by CITY, hold harmless and reimburse CITY and CITY officers, representatives, agents and employees from and against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, in the event that any of GRANTOR's representations or warranties contained in this paragraph 6 are not correct at the time made or at the close of escrow, which obligations shall survive close of escrow and recordation of the Grant Deed. The representations and warranties set forth above shall survive close of escrow and recordation of the Grant Deed.
7. RIGHT OF POSSESSION AND USE: It is agreed and confirmed by the parties hereto that, notwithstanding the other provisions in this Agreement, the right of possession and use of the Easement by CITY, including the right to remove the existing improvements, if any, and to construct the proposed improvements and the work necessary to complete same, shall commence on January 2, 2023 or recordation of the Grant Deed, whichever occurs sooner and that the compensation amount shown above includes, but is not limited to full payment for such possession and use, including damages, if any, from said date.
8. CONSENT FROM LIENHOLDERS. To the extent the Easement Area is encumbered by any lien that could give rise to acquisition of the Easement Area by the lienholder through foreclosure, deed in lieu of foreclosure, or otherwise, Grantor shall, within 90 calendar days after payment of the Purchase Price, cause the holder of any such lien to subordinate its lien to the Easement Deed or otherwise consent to the Easement so that upon its acquisition of the Easement Area, such lienholder and its interest in the Easement Area shall be subject to the Easement.
9. CITY’S EXAMINATION OF THE EASEMENT AREA. Except as set forth herein, Grantor makes no representation or warranty respecting the Easement Area, or any portion thereof, or otherwise in connection with the transaction contemplated hereby. Without limiting the generality of the foregoing, the CITY hereby acknowledges and agrees that the CITY will be purchasing the Easement “AS IS” with all faults, without representation, warranty or guarantee of any kind, either express or implied, including, without limitation, any warranty of condition, merchantability, habitability or fitness for a particular use or purpose or the value, accuracy of information, marketability, prospects for future development, use or occupancy, except as provided herein. The CITY acknowledges and agrees that no employee, agent, legal counsel, or other representative of GRANTOR, has been authorized to make, and in executing this Agreement the CITY has not relied upon, any statement of GRANTOR, GRANTOR’s employees, agents, or legal counsel, and should the CITY be mistaken in its belief with regard to some issue of fact or law regarding the matters herein released, it specifically agrees to assume the risk of such mistake, if any exists. The CITY hereby acknowledges that it is capable of performing or causing to be performed a thorough and independent investigation, analysis and evaluation of the Easement Area and all other aspects of the transaction contemplated by this Agreement, and that it has had an opportunity to make, and to have its experts make its and their investigation regarding the matters herein released and all laws, rules and regulations related thereto.
10. REMOVAL OF PERSONAL PROPERTY. Prior to the payment of the Purchase Price, GRANTOR shall remove from the Easement Area any items of personal property owned by GRANTOR. Such removal shall not affect the amount of the Purchase Price or any other terms or conditions of this Agreement.
11. INDEMNITY: GRANTOR agrees to indemnify and hold harmless CITY, its employees, its agents and its contractors from and against any and all claims by any person or entity (“Claimants”) that the use and possession of the Easement Area as described in this Agreement affects or damages, or has affected or damaged, the Claimants’ alleged right(s) to use and possess the Easement Area or caused personal injury (including death) or property damage to any person, except to the extent caused by the sole, active negligence of CITY, its employees, its agents, and/or its contractors on the Easement Area.
12. ESCROW:
a. This transaction shall be handled through an escrow with Chicago Title Company (hereinafter referred to as the “Title Company”). Within five (5) days after this Agreement is executed by CITY and GRANTOR, GRANTOR shall complete execute and deliver to escrow holder (i) an affidavit executed by GRANTOR certifying that GRANTOR is not a “foreign person” within the meaning of Internal Revenue Code Section 1445(f)(3), and meeting the requirements of Internal Revenue Code Section 1445(b)(2), and (ii) an original Withholding Exemption Certificate (California Form 590 or 590-RE, as applicable), fully executed by GRANTOR as required by the California Taxation and Revenue Code, certifying that the GRANTOR is not subject to tax withholding under applicable California law. GRANTOR shall also deliver the fully executed Grant Deed to the Title Company. GRANTOR shall not be deemed to have delivered the Grant Deed to CITY and CITY shall not be deemed to have accepted delivery of the Grant Deed until such time as the Grant Deed is recorded in the Official Records of Sonoma County, California in accordance with written the terms and conditions of this Agreement.
b. Upon receipt of the above documents, approval of the Permitted Exceptions by CITY and receipt of the necessary funds from CITY, the Title Company shall record the Grant Deed in the Official Records of Sonoma County, California and deliver the purchase price to GRANTOR, less amounts necessary to place title in the condition required by this Agreement and any other amounts identified by CITY in accordance with Section 4 above. When title to the Easement vests in CITY, subject only to the Permitted Exceptions, title shall be evidenced by a CLTA owner’s policy of title insurance (“Title Policy”). The Title Policy shall be in the amount of the purchase price, showing title to the Easements vested in CITY, subject only to the Permitted Exceptions. The ability of the Title Company to issue the Title Policy shall be a condition precedent to CITY’s obligations under this Agreement and the close of escrow.
c. The escrow for this transaction shall close within thirty (30) days from the execution of this Agreement by all parties, subject to the above requirements and conditions to closing.
d. Notwithstanding the foregoing, CITY shall have the sole right to elect to close this transaction without the use of escrow services. If CITY elects to close without the use of escrow services, CITY shall upon acceptance of the Grant Deed(s), pay the purchase price amount directly to GRANTOR, and record the Grant Deed(s). If CITY elects to close this transaction with the use of escrow services, CITY and GRANTOR shall sign escrow instructions, if necessary, to effect this Agreement and close escrow.
13. TRUST DEED(s) AND MORTGAGE PAYMENT: Any or all monies payable under this Agreement up to and including the total amount of unpaid principal and interest on note(s) secured by mortgage(s) or deed(s) of trust, if any, and all other amounts due and payable in accordance with the terms and conditions of said trust deed(s) or mortgage(s), shall upon demand(s) be made payable to the mortgagee(s) or beneficiary(ies) entitled thereunder; said mortgagee(s) or beneficiary(ies) to furnish GRANTOR with good and sufficient receipt showing said monies credited against the indebtedness secured by said mortgage(s) or deed(s) of trust. This provision applies as to GRANTOR only and does not, nor shall be construed to, create in CITY any duty or obligation in connection with the subject matter hereof.
14. SUCCESSORS: This Agreement shall be binding on and shall inure to the benefit of the parties hereto and their respective successors, heirs, assigns and transferees.
15. NOTIFICATION: In the event GRANTOR sells, conveys, or assigns any property interests encumbered by this Agreement, GRANTOR shall notify the successor or assignee of the rights and obligations of both parties as included herein.
16. NOTICES. Whenever any party hereto shall desire to deliver to the other any notice, demand, request or other communication, each such notice, demand, request or other communication shall be in writing, shall be given by personal delivery, by registered or certified United States mail, return receipt requested, or by overnight courier, postage prepaid, addressed as follows:
TO SELLER:
Elisio and Leticia Santillano
31197 Taylor Avenue
McFarland, CA 93250
TO BUYER:
City of McFarland
Attn: City Manager
401 W. Kern Avenue
McFarland, CA 93250
For Notices to Buyer: COPIES TO: Hodges Law Group
Attn: Nathan M. Hodges, City Attorney
1925 G Street
Bakersfield, CA 93301
17. SURVIVAL OF AGREEMENT: This Agreement, including all representations, warranties, covenants, agreements, releases and other obligations contained herein shall survive the closing of this transaction and the recordation of the Grant Deed.
18. ENTIRE AGREEMENT: The parties have herein set forth the whole of their agreement.
The performance of this Agreement constitutes the entire consideration for the Easement and shall relieve CITY of any further obligation to GRANTOR. GRANTOR shall make no claim for further compensation for the acquisition or on account of the construction of the proposed public improvements in the manner proposed, including, but not limited to, claims arising out of the location of the improvements or changes in grade, and waives all any and all rights and benefits in connection therewith which GRANTOR now has or in the future may have per Section 1542 of the Civil Code of the State of California (or similar statute or common law principles) which states:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH
THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN
HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE
MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH
THE DEBTOR.
19. SEVERABILITY: If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall continue in full force and effect without being impaired or invalidated in any way.
20. TIME OF THE ESSENCE. Time is of the essence of this Agreement.
21. WAIVER. The waiver by one party of performance of any covenant, condition or promise shall not invalidate this Agreement, nor shall it be considered to be a waiver by it of any other covenant, condition or promise. The waiver by either or both parties of the time for performing any act shall not constitute a waiver of the time for performing any other act or an identical act required to be performed at a later time. The exercise of any remedy provided in this Agreement shall not be a waiver of any other remedy provided by law.
22. THIRD PARTIES. Nothing contained in this Agreement, expressed or implied, is intended to confer upon any person, other than the parties hereto and their successors and assigns, any rights or remedies under or by reason of this Agreement.
23. GOVERNING LAW AND VENUE: This Agreement shall be governed, construed and enforced in accordance with the laws of the State of California. Venue of any litigation arising out of or connected with this Agreement shall lie exclusively in the state trial court located in Kern County in the State of California, and the parties consent to jurisdiction over their persons and over the subject matter of any such litigation in such court, and consent to service of process issued by such court.
24. AUTHORITY AND EXECUTION: Each person executing this Agreement on behalf of a party represents and warrants that such person is duly and validly authorized to do so on behalf of the entity it purports to bind and if such party is a partnership, corporation or trustee that such partnership, corporation or trustee has the full right and authority to enter into this Agreement and perform all of it’s obligations hereunder.
25. CAPTIONS: The captions of the various sections, paragraphs and subparagraphs of this Agreement are for convenience only and shall not be considered nor referred to in resolving questions of interpretation.
26. REQUIRED ACTIONS: Each party agrees to execute such instruments and documents and to undertake such actions as may be reasonably required in order to consummate the purchase and sale contemplated by this Agreement.
27. COUNTERPARTS: This Agreement may be executed in multiple counterparts each of which shall be deemed an original but all of which, together shall constitute one and same document.
28. AMENDMENT: This Agreement shall not be modified or amended except by an instrument in writing executed by each of the parties hereto.
29. INDEPENDENT COUNSEL. Each party acknowledges that it has consulted with and had the opportunity to consult with independent counsel of its own choosing in connection with the negotiation and execution of this Agreement.
[Signature Page Follows]
GRANTOR:
Dated: _______________ By:
Eliseo Santillano Jr.
Dated: _______________ By:
Leticia Santillano
CITY OF MCFARLAND:
Dated: _______________ By:
Name:
APPROVED AS TO FORM:
Dated:
By:
Nathan M. Hodges, CITY Attorney
Attachments:
Exhibit A – Legal description of Easement
Exhibit B – Depiction of the Easement Area
Exhibit C – Form of Easement Deed
EXHIBIT A
Legal Description of Easement
Exhibit “A”
Easement for 25-foot Additional Right of Way Dedication All that portion of the Northeast Quarter of the Northeast Quarter of the Southeast Quarter of Section 14, T. 26 S., R. 25 E., M.D.M., in the Incorporated City of McFarland, County of Kern, State of California, more particularly described as follows;
Commencing at the Northeast corner of the Southeast Quarter of said Section 14; thence N89°37’43”W along the North line of said Southeast Quarter a distance of 232.78 feet to the most Northeasterly corner of Parcel 1, of Parcel Map No. 12412, recorded in Parcel Map Book 62, at Page 83, in the Kern County Recorder’s Office; thence S00°38’24”W along the East line of said Parcel 1 a distance of 20.00 feet to the True Point of Beginning; thence S89°37’43”E parallel to said North line a distance of 202.69 feet to a point on the West right of way line of Garzoli Avenue, said point lies 30.00 feet West of as measured at right angles to the East line of said Southeast Quarter; thence S00°54’19”W along said West line parallel to said East line a distance of 215.08 feet; thence N89°22’28”W a distance of 25.00 feet; thence N00°54’19”E parallel to said East line a distance of 154.97 feet; thence N44°21’42”W a distance of 49.27 feet; thence N89°37’43”W parallel to said North line a distance of 142.57 feet; thence N00°38’24”E along first said east line a distance of 25.00 feet to the true point of beginning.
Continuing 10,429 square feet more or less.
Wiley D. Hughes Date
Exhibit B
Depiction of the Easement Area
Exhibit C
Form of Easement Deed
Free Recording Requested Pursuant to
Gov’t Code Section 6103
RECORDING REQUESTED BY
AND RETURN TO:
City Clerk
City of McFarland
401 W Kern Avenue
McFarland, CA 93250 This space for Recorder’s Use
APN: 060-090-08 Portion Of Exempt from fee per GC 27388.1(a) (1):
Payment of recording fees expressly
exempted by law.
PERMANENT ROADWAY AND IMPROVEMENT EASEMENT DEED
For a valuable consideration, receipt of which is hereby acknowledged, Eliseo Santillano Jr. and Leticia Santillano, husband and wife as joint tenants (“Grantor”)
Hereby grant to the City of McFarland (Grantee), a municipal corporation, a permanent roadway and improvement easement and right of way for
ROADWAY AND RELATED IMPROVEMENTS
for the sole and exclusive purpose of installation, maintenance and repair in, over, under, upon, and across a portion of the lands of the Grantor; together with the right of ingress and egress to and from the same, in the City of McFarland, County of Kern, State of California as described in EXHIBIT “A”, ATTACHED HERETO AND MADE A PART HEREOF
Dated: By:
Eliseo Santillano Jr.
Dated: By:
Leticia Santillano
Exhibit “A”
Easement for 25-foot Additional Right of Way Dedication All that portion of the Northeast Quarter of the Northeast Quarter of the Southeast Quarter of Section 14, T. 26 S., R. 25 E., M.D.M., in the Incorporated City of McFarland, County of Kern, State of California, more particularly described as follows;
Commencing at the Northeast corner of the Southeast Quarter of said Section 14; thence N89°37’43”W along the North line of said Southeast Quarter a distance of 232.78 feet to the most Northeasterly corner of Parcel 1, of Parcel Map No. 12412, recorded in Parcel Map Book 62, at Page 83, in the Kern County Recorder’s Office; thence S00°38’24”W along the East line of said Parcel 1 a distance of 20.00 feet to the True Point of Beginning; thence S89°37’43”E parallel to said North line a distance of 202.69 feet to a point on the West right of way line of Garzoli Avenue, said point lies 30.00 feet West of as measured at right angles to the East line of said Southeast Quarter; thence S00°54’19”W along said West line parallel to said East line a distance of 215.08 feet; thence N89°22’28”W a distance of 25.00 feet; thence N00°54’19”E parallel to said East line a distance of 154.97 feet; thence N44°21’42”W a distance of 49.27 feet; thence N89°37’43”W parallel to said North line a distance of 142.57 feet; thence N00°38’24”E along first said east line a distance of 25.00 feet to the true point of beginning.
Continuing 10,429 square feet more or less.
Wiley D. Hughes Date