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Home My WebLink About2012-002 High Easement Agmt EASEMENT PURCHASE AGREEMENT THIS AGREEMENT is between Yvonne Celeste High, sole owner in fee ("Seller") and the City of Atascadero, a Municipal Corporation in the State of California ("Buyer"). Seller and Buyer agree as follows: 1. PURCHASE OF EASEMENT. Seller agrees to grant a Permanent Public Drainage Easement to the Buyer. The Buyer agrees to purchase said easement with respect to certain real property located in the City of Atascadero, California, and as described below in numbered paragraph 3. A temporary construction easement will also be required. 2. PURCHASE PRICE. The total land needed is 890 square feet for the new Permanent Public Drainage Easement, and 1,493 square feet for the Temporary Construction Easement. Seller agrees to grant the required easements to Buyer for the following consideration: A. A Permanent Public Drainage Easement for the consideration of$2,492.00. B. A Temporary Construction Easement for the consideration of$557.00. C. Reimbursement for landscaping/tree impacts of$551.00. The total purchase price shall be $3,600.00. 3. CONDITIONS OF SAFE. A. Seller shall provide a Permanent Public Drainage Easement in the form attached hereto as Exhibit "A" B. Seller shall provide a Temporary Construction Easement in the form attached hereto and shown Exhibit "A". 4. CLOSING. Buyer and Seller agree that the Buyer shall open an escrow account once this document has been signed by the Buyer's representative and the Seller. Buyer shall be responsible for all escrow fees, closing fees and title insurance. Buyer and Seller agree to close escrow as soon as possible. Seller represents that it has marketable title to the property identified in the attached Exhibits. Seller shall be responsible for clearing any discrepancies in title and shall cooperate in obtaining ratifications and/or partial releases from any/all lienholders, if required. 5. GENERAL PROVISIONS. A. Entire Agreement, Amendments and Assignments. This Agreement contains the entire agreement between the Buyer and Seller. This Agreement including the attached exhibits, which are incorporated herein by reference, may not be amended or modified except in writing signed by both parties. B. Time of the Essence. Time is of the essence in the performance of this agreement. C. Partial Invalidity. The invalidity or unenforceability of any provision of the Agreement shall not affect the validity or enforceability for the remainder of this Agreement. Seller: Date: ...............� Yv''Y'."nne Celeste High 7 Buyer: City of Atascadero, a Municipal Corporation of the State of California By Date. Wade G. McKinney, City Ma ager City of Atascadero EXHIBIT A PERMANENT PUBLIC DRAINAGE EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT DOCUMENT Recording Requested By And When Recorded, Return To: City of Atascadero City Clerk 6907 EI Camino Real Atascadero, CA 93422 APN 030-292-067 IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE DRAINAGE EASEMENTS FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Yvonne Celeste High Hereby GRANT(S)to The City of Atascadero the easement in the City of Atascadero, County of San Luis Obispo, State of California, described as: Yvonne Celeste Nigh, hereby grants to the City of Atascadero, easements for access and construction to install, maintain, repair, replace and remove drainage structures for the benefit of the City of Atascadero over, across and along that certain real property owned by same,A portion of Lot 1 in Block U-A of the Map of Atascadero, in the City of Atascadero, County of San Luis Obispo,State of California, according to Map recorded October 21, 1914 in Book 4 of Maps at page 29 A in the Recorder's Office at said County and State. The easement is described and shown on Exhibits "A"and "B". The temporary construction easement is shown on Exhibit "C." SEE GRAPHIC EXHIBITS "A", "B" and "C" ATTACHED HERETO AND MADE A PART HEREOF Executed on 2012 at Atascadero, California. By: Yvonne Celeste High Owner Approved as to form: CITY OF ATASCADERO By: By: Brian A. Pierik, City Attorney Wade G. McKinney, City Manager ACKNOWLEDGMENT State of California ) ss. County of San Luis Obispo ) On , before me, , personally appeared, 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 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. Signature Signature of Notary Public Place Notary Seal above ACKNOWLEDGMENT State of California ) } ss. County of San Luis Obispo } On , before me, , personally appeared, 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 on the instrument the persons), 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. Signature Signature of Notary Public Place Notary Seal Above EXHIBITS A AND B PERMANENT PUBLIC DRAINAGE EASEMENT EXHIBIT"A" LEGAL DF-SCFdPTt0N- Over a portion of APN- G30-292-067 Owner High Storm Drain Easement A portion of Lot 'I in Block U of the Map of AL-iscadem, in the City-of Atascadero. in the County of San LLAS Obispo, State of C;aliforrra, accof-ding to the neap recorded(-xiaber 21, 1914 and filed in Book 4 at Page 29 A of Maps in the Office of the County Recorder of said County,said portion being a triangular shaped piece of land more Parti cularty,described as fb#ms-. BegiinniN at a found one inch iron pipe tagged LS 575*1 iTtarking the rrmt =esters y corner of said Lot I and the most westerly comer of that portion of said Lot I labeted Parcel I W Docuff tentl#20W-1938973 and on the nortmerty right of way line of San Andres Avenue as shorn on.the Record of Survey rmp filed in Book 80 at page 42 of Licensed Surveys in the Office of the County Recorder of said County and bears north 74*385:Y'west 96.67 feet(N 7VIZ 22W 96,68 feet calculated from 80/t.S,,42)from a found one inch tron pipe ted LS 575-1 mmkmg the most smMeq comer of said Parcel I and on ff-we sad northerIv rpt of way line,said Point of Beginning also LmeaV the beginmIN of a non-tangerit curve concave northeniv having 4 a ra&js of 69 1.30 feet and to:whicb,a radial line bears south 1 T2,1'40'west 1: Thence aioivj said right of way line 71.88 feet through a central angle of W572T`, Thence leaving said right of way fine north:5W43'36!'west 69.16 feet topoint in the westerly,line of said Parcel I-, Thence along said westerly fine south 3.21'32,01'west 24-50 feet to the Point of Beginning. Containing 890 square feet.more or less. The above described parcel is graphically shown on. the. Exhibit. 'B" attached.; hereto and made a part hereof.. END DESCRIPTION 4ti /y W No,61V Joseph T. k4offis, PLS 6192 5f 14/10 A 0, �,. �f APNICK 06.7 3 j Iy WC-42=-38973 PER 2:. 1' f E l� f # S 4WWHv'2lQA. s _ az,Al POO °q'F.aa>�i,�~SJ'F BEG5*�1:�£f➢ 046' Eel � fi EXHIBIT 8 JOS.lky a ' -019 CITY OF ATASCADERG DRAWN sly'.mm • .� COUNTY OF SAN LUIS OBISPO, CA DATE;KWIC �.M N. . �.ay//��..7 W �'�.�"" .1►' �.n>• �.mss p�°i.._ r �y s "Wk ['b _ { : :