HomeMy WebLinkAbout2021-005 Imana, Diego & Beene, KarenCITY OF ATASCADERO
CONTRACT NUMBER:
13CA 1 - no `Z-_
ASSESSOR PARCEL NO.: 054-271-003
PROJECT: Atascadero-Santa Lucia Road Bridge Replacement
OWNER Diego R Imana and Karen L. Beene
RIGHT OF WAY AGREEMENT
(WITH ESCROW INSTRUCTIONS)
THIS AGREEMENT is made and entered into by and between
Diego R Imana and Karen L. Beene, husband and wife as joint tenants (hereinafter
collectively called "Grantor"), and
The City of Atascadero, a California municipal corporation, (hereinafter called "City").
An instrument in the form of a Grant Deed ("Deed") covering the property particularly
described therein ("Property"), has been executed concurrently With this Agreement and
delivered to City representatives.
In consideration of which, and other considerations hereinafter set forth, it is mutually
agreed as follows:
1. The parties have herein set forth the whole of their agreement. The performance of
this Agreement constitutes the entire consideration for said document and shall relieve the City
of all further obligation or claims on this account, or on account of the location, grade or
construction of the proposed public improvement, except as stated in Paragraphs 2.E. and 2.F.
below.
2. The City shall:
A. PAYMENT - Pay to the order of the Grantor the sum of $6,600 as consideration in
full for the Property, for the loss, replacement and moving of any improvements, and for entering
into this Agreement. Said sum shall be paid when title to the Property has vested in City free and
clear of all liens, encumbrances, assessments, easements and leases recorded or unrecorded,
except for recorded public utility easements and public right of way.
B. RECORDATION OF INSTRUMENT - Accept the Deed and cause the same to be
recorded in the office of the San Luis Obispo County Recorder at such time as when clear title
can be conveyed.
C. MISCELLANEOUS COSTS - Pay any escrow, title insurance, and recording fees
incurred in this transaction.
D. CLEARANCE OF BONDS. ASSESSMENTS. OR DELINOUENT TAXES - Have
the authority to deduct and pay from the amount shown in Clause 2.A. above any amount
necessary to satisfy any bond demands and delinquent taxes due in any year except the year in
which the Deed records, together with penalties and interest thereon, and/or delinquent and
unpaid non -delinquent assessments which have become a lien as of the date of recordation of the
Grant Deed.
APN: 054-271-003 City of Ataacadero/Santa Lucia Road Bridge/[mana-Beeno?ight of Way Agreement
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E. CONSTRUCTION AND RESTORATION — Shall, upon completion of construction,
generally restore the Temporary Construction Easement area described in the Deed to a
comparable or better condition than that which existed prior to City's project construction, to the
extent reasonably practical. Upon commencement of City's construction within the Property,
Grantor's existing perimeter wire fencing will be removed by City's contractor and temporary
construction fencing will be installed by City along the edge of the Temporary Construction
Easement area. An existing Bay Laurel tree will be removed at the southwest corner of Grantor's
driveway. Two additional trees at the northerly tip of the property will also be removed.
Grantor's mailbox will be relocated to the edge of the new property/right of way line. Upon
completion of construction, like -kind perimeter fencing will be reinstalled. All said work shall
be completed at City expense, at no cost to Grantor. Access to Grantor's property will be
maintained throughout the construction duration.
F. INDEMNIFICATION - Indemnify and hold harmless Grantor from any and all
claims, damages, costs, judgments, or liability proximately caused by City or its officers,
employees, or agents specifically arising from City construction and restoration work on the
Property within the term of the Temporary Construction Easement described in the Deed.
3. The Grantor:
A. PAYMENT ON MORTGAGE OR DEED OF TRUST - Agrees that any or all monies
payable under this Agreement up to and including the total amount of the unpaid principal and
interest on the 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 mortgage(s) or deed(s) of
trust, shall upon demand(s) be made payable to the mortgagee(s) or beneficiary(s) entitled
thereunder. Grantor shall cooperate with the City and/or Escrow Officer in obtaining lien
clearance documents from any and all creditors holding liens against the Property.
B. LEASE INDEMNIFICATION - Warrants there are no oral or written leases on all or
any portion of the Property, or if there are such leases, Grantor agrees to hold the City harmless
and reimburse City for any and all of its losses and expenses occasioned by reason of any lease
of said Property held by tenant of Grantor.
C. PERMISSION TO ENTER - Hereby grants to the City, its agents and contractors,
permission to enter the Property prior to the close of escrow for the purposes of preparation for
the construction of the City's facilities, subject to all applicable terms and conditions contained
in this Agreement and the associated Deed.
D. TITLE INDEMNITY AND WARRANTY - In consideration of the City waiving the
requirements to clear any defects and imperfections in all matters of record title, the Grantor
indemnifies and holds the City harmless from any and all claims that other parties may make or
assert on the title to the Property. Grantor's obligation to indemnify the City shall not exceed the
amount paid to the Grantor under this Agreement. Grantor hereby represents and warrants that
he/she/they are the sole vested owners of the Property, holding all ownership and possessory
rights, and are the authorized signatories to grant the rights referenced in this Agreement without
conflict or claims from other parties.
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E. HAZARDOUS SUBSTANCES - Represents and warrants, to the best of Grantor's
knowledge, and after reasonable inquiry, the following:
During Grantor's ownership of the Property, Grantor knows of no disposal, releases, or
threatened releases of hazardous substances on, from, or under the Property or Grantor's
remaining adjacent property. Grantor further represents and warrants that Grantor has no
knowledge of disposal, release, or threatened release of hazardous substances on, from, or under
the Property, or Grantor's remaining adjacent property, which may have occurred prior to
Grantor's ownership.
There is no pending claim, lawsuit, agency proceeding, or any administrative challenge
concerning the presence or use of hazardous substances on or within the Property or Grantor's
remaining adjacent property.
Grantor has not used the Property, or Grantor's remaining adjacent property, for any
industrial operations that use hazardous substances. Grantor is not aware of any prior use of such
property. Grantor has not installed any underground storage tanks, above ground storage tanks,
barrels, sumps, impoundments or other containers used to contain hazardous substances on any
part of the Property or Grantor's remaining adjacent property. Grantors are not aware of any
such prior installations. The purchase price of the Property being acquired reflects the fair
market value of the Property without the presence of contamination. If the Property is found to
be contaminated by the presence of hazardous substances which require mitigation under Federal
or State law, City may elect to recover its cleanup costs from those who caused or contributed to
the contamination.
4. The Parties agree:
A. ESCROW - At City's option, to open an escrow in accordance with this Agreement at
an escrow company of City's choice. Opening an escrow shall be at City's sole discretion and
City may decide to process this transaction without the use of an escrow agent. However, if an
escrow agent is utilized, this Agreement constitutes the joint escrow instructions of City and
Grantor, and the escrow agent to whom these instructions are delivered is hereby empowered to
act under this Agreement. The parties hereto agree to do all acts necessary to close this escrow
in the shortest possible time.
If an escrow is utilized, as soon as possible after opening of escrow, City will deposit the
executed Deed by Grantor, with Certificate of Acceptance attached, with the escrow agent on
Grantor's behalf. City agrees to deposit the purchase price upon demand of escrow agent. City
and Grantor agree to deposit with escrow agent all additional instruments as may be necessary to
complete this transaction. All funds received in this escrow shall be deposited with other escrow
funds in a general escrow fund account(s) and may be transferred to any other such escrow trust
account in any State or National Bank doing business in the State of California. All
disbursements shall be made by check or wire transfer from such account.
Any taxes which have been paid by Grantor, prior to opening of this escrow, shall not be
pro -rated between City and Grantor, but Grantor shall have the sole right after close of escrow, to
apply to the County Tax Collector of said County for any refund of such taxes which may be due
Grantor for the period after City's acquisition.
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i) ESCROW AGENT DIRECTIVES - Escrow Agent is authorized to, and shall:
a) Pay and charge Grantor for any unpaid delinquent taxes and/or any
penalties and interest thereon, and for any delinquent assessments or
bonds against that portion of Grantor's property subject to this
transaction as required to convey clear title.
b) Pay and charge City for any escrow fees, charges and costs payable under
Paragraph 2.C. of this Agreement;
c) Disburse funds and deliver Deed when conditions of this escrow have been
fulfilled by City and Grantor.
d) Following recording of Deed from Grantor, if requested by City, provide City
with a CLTA Standard Coverage Policy of Title Insurance in the amount of
$6,600 issued by a Title Company of City's choice showing that title to the
Property is vested in City, subject only to the following exceptions, and the
printed exceptions and stipulations in said policy:
1) Real Property Taxes for the fiscal year in which escrow closes;
2) Public utility easements and public rights of way;
3) Items No. 2, 3, and 5 of the preliminary title report issued by First
American Title Company, dated November 20, 2018, referenced as Order
No. 4001-5232178;
4) Other items that may be approved in writing by City in advance of the
close of escrow.
ii) CLOSE OF ESCROW - The term "close of escrow", if and where written in
these instructions, shall mean the date necessary instruments of conveyance
are recorded in the office of the County Recorder. Recordation of
instruments delivered through this escrow is hereby authorized.
B, JUDGMENT IN LIEU OF DEED - In the event Grantor does not deliver title in a
reasonable time under the terms of the Agreement, the City may file an action in eminent domain
to pursue the acquisition of the Property, and this Agreement shall constitute a stipulation which
may be filed in said proceedings as final and conclusive evidence of the total amount of damages
for the taking, including all of the items listed in Section 1260.230 of the Code of Civil
Procedure, regarding said property rights.
C. ARTICLE HEADINGS - Article headings in this Agreement are for
convenience only and are not intended to be used in interpreting or construing the terms,
covenants and conditions of this Agreement.
D. COMPLETE UNDERSTANDING - This Agreement constitutes the entire
understanding between the parties with respect to the subject matter hereof, superseding all
negotiations, prior discussions, and preliminary agreements or understandings, written or oral.
APN: 054-271-003 City of Atascadero/Santa Lucia Road Bridge/amana-Beene/Right of Way Agreement
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This Agreement may not be amended except in writing by the parties hereto or their successors
or assigns.
E. CITY COUNCIL APPROVAL - This Agreement is subject to and conditioned upon
approval by the Atascadero City Council. This Agreement is not binding upon the City until
executed by the appropriate City official(s) acting in their authorized capacity.
F. COUNTERPARTS - This Agreement may be executed in counterparts, each of which
so executed shall irrespective of the date of its execution and delivery be deemed an original, and
all such counterparts together shall constitute one and the same document.
G. ELECTRONIC AND FACSIMILE SIGNATURES —In the event that the parties hereto
utilize electronic or facsimile documents which include signatures, such documents shall be
accepted as if they bore original signatures provided that documents bearing ORIGINAL
SIGNATURES are provided following transmittal of the electronic or facsimile signature.
Documents for recordation by the Clerk Recorder must contain original signatures.
No Obligation Other Than Those Set Forth Herein Will Be Recognized.
GRANTOR:
Diego R. Imana and Karen L. Beene, husband and wife as joint tenants
Di �ana�
Karen L. Beene
GRANTOR'S MAILING ADDRESS:
Diego R. Imana and Karen L. Beene
11275 Santa Lucia Road
Atascadero, CA 93422
CITY OF ATASCADERO
Date: gA/9=p
Date: I a- // 44 / 9-0;-0
By: g=,,e� Date: la —2-1
Rachelle Rickard
City Manager
MAILING ADDRESS OF CITY:
The City of Atascadero
Attn: Deputy Director of Public Works
6907 El Camino Real
Atascadero, CA 93422
APN: 054-271-003 City ofAtascadero/Santa Lucia Road Bridge/Imana-Beene/Right of Way Agreement
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