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Home My WebLink About2012-003 Rauch Easement Agmt f EASEMENT PURCHASE AGREEMENT THIS AGREEMENT is between Gene Rauch, 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 3,414 square feet for the new Permanent Public Drainage Easement, and 3,532 square feet for the Temporary Construction Easement, as shown on the attached exhibits. Seller agrees to grant the required easements to Buyer for the following consideration: A. A Permanent Public Drainage Easement for the consideration of $13,656.00. B. A Temporary Construction Easement for the consideration of$942.00. C. Reimbursement for landscaping/tree impacts of $2,902.00. The total purchase price shall be $17,500.00. 3. CONDITIONS OF SALE. 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 in Exhibit "A„ C. The Buyer shall remove the cottonwood tree at its own expense during storm drain construction. 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: Gene Rau6A Buyer: City of Atascadero, a Municipal Corporation of the State of California By Date: Wade G. McKinney, City M nager 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 030.292-027 IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE DRAINAGE EASEMENTS FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Gene Rauch 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: Gene Rauch, 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 38 in Black U-A of the Map of Atascadero, in the City of Atoscodero, 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: Gene Rauch 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 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 EXHIBIT A AND 3 PERMANENT PUBLIC DRAINAGE EASEMENT EXHffiff"K.' LEGAL.DESCRIPT" Ove-, a partim&I AML G-V-21.12-10r�s Ovrier Rau& Sbom Drain Easen*M A pomM arf Lot 338, in Skock Cf-A-of tt**A,3p of Atascadem..in V* CAV of Ata��,m,the Cow San Las Obi s: State of C ,ac to tf*aW moordled Omb*r 2-1, t914 and f- in Book 4 at Page 29 A-of Maps in 0*0150e cm-the cwn*R*; r of s"Cbtmty;,said portan be4V a s"of C-Or'n, at a fdu21 fA&d4mete:wass cap in a mmm*nt:Vm&box mar*mg ihe,end of mew-of San Andres Averm*,50 f4et wde, 3t Ow sm**astefly wmiftus of eoww 4be4ed S WIT S I 112,W as Oman on said OW:,and beanrih 69-%W we 2n.62 k*t(N 71-3T, W2nAg- calcudatediftom 45129 A)ftma fmumd 2 inch brass cap in a.ownwiwA wel bom ma, th4 be-Vin of eme a n sai d C-4n An&es Ayenu*� Thence iming the cen w- tOw of saW San AndrEms Avenue awth 23P�Qeast 118-4-di f4ef ft.Ove-True..Point of 8eVm4W,,,, Thence south38WW east 1711194 f4et b a pWnt in Ow south- Said Lot 38. Tt* sdd*tes of said strV,sha be, ten gOwmed and&shwuped so as:to end ih ft said soutt*astedy fine. C,witaining 3,414 sqaam feet ammor lem The above san t its' graphia*y shown on the. EdOW V atUd*d heMo and made a part heed. END MCRIPTION. to A* lg- f 25!- Jlos*;*T-KiWffrs, p C-s—9.,0, 3-1 iz-7 30 EM -IM-2 AF 29 46 6.1 .f ? $ ^ f s t j F EfEf R I C .006Ar .. an) , 7.F. + •`ti.vie'4uAP TF,S"•"' �.Yy."E, 7''Af 9.,AW 210 r CITY OF ATASCADE-RO 0"Vmav�w COUWrY Of, MR LUIS 09,19PO, CA OAA�,E i EXHIBIT C TEMPORARY CONSTRUCTION EASEMENT s' IIII �� I r } nope �,-, x`. �� ;.0 '`�--� �� {' ,��•, z�:: ti Of ' r •ate,,,` `� r : '....,«.,�,".� c< MARCHANT DAP04AG'PROJEGT