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Home My WebLink About2012-001 Bartholomew Easement Agmt (2) Er" EASEMENT PURCHASE AGREEMENT THIS AGREEMENT is between Roger W. Bartholomew and Barbara Bartholomew, husband and wife and Elizabeth Bartholomew, a single woman, all as joint tenants 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. z PURCHASE PRICE. The total land needed is 406 square feet for the new Permanent Public Drainage Easement, and 144 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 $974.00. B. A Temporary Construction Easement for the consideration of $46.00. C. Reimbursement for landscaping/tree impacts of $580.00. The total purchase price shall be $1,600.00. 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 as shown in 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 Es-,sence. 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: Roger W. Bartholomew 2 Date. 4 Barbara Bartholomew Date: Elizabeth M. Bartholomew 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 030-301-033 IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE DRAINAGE EASEMENTS FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Roger W. Bartholomew Barbara Bartholomew Elizabeth Bartholomew 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: Roger W. Bartholomew, Barbara Bartholomew, and Elizabeth Bartholomew, 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 some,A portion of Lot 12 in Block N-B of the Map of Atascadero, in the City of Atoscadero, County of Son Luis Obispo,State of California, according to Map recorded October 21, 1914 in Book 4 of Maps at page 1, et. seq, 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. Roger W. Bartholomew Owner t Barbara Bartholomew Owner Elizabeth Bartholomew 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 B PERMANENT PUBLIC DRAINAGE EASEMENT EXHIBIT"X' LEGAL SCRIPTION ODE Ver a porton of APN- T30-301-033, Owner: Bartholorriew Stonn Dram Easement A portion of Lot-12 in Blod(N-8 of tr*:Niap of Attascadero.in the City,of Atascadero, in the County of San Loris CRAW, State of California, according to the map recorded Octoher 21. 1914 and.ftled M Book 4 at.Page 1,et seq.,of Maps in the O of the County Recorder of said CounNt ,sad portion lying northertV of the foltoWnq described lie: Conunencing at a found 2 inch diameter brass cap m a monurneW well box marking the intersection of Marcriant,Ave ,re and San Andres Avenue,both EiG feet wide as shown on Sheet No.42 of said map,and bears south 81"t5'00'east 1-15.48 feet(B 82-48'E I 15.,E;per 41 42)from a fbund 2 inch brass ca*p in a: monument well box marking the beginning of c6moe on said San Ardres:Avenue; Thence south 77°03'04'west 67.62 feet.to a point in the southerly right of way line of said San Andres Avenue and the True Point of Beginning; Thence leaving said right of way line south.65OW3Z'east 25.56 feet, Thence south 19"2735"east 15.49 feet', Thence north 701137261 east '15.83 feet to a point in the westerly right of way line of said Marchant Avenue. Containing 406 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 A: No.6IR2 ,�sse�3h T. k4orris, PLS 6192 5t14,ski -.0i i a � 8' v t. ,r�0 E t �i..+ .. 7'F' B t y 0t Elr3' 1�h ter.F S t S IV 27'35"E s. c = ` I z vo � T � t � t -FOUND 2"BRASS CAP;NJV0NVtKENT WELL POC -POINT OF,CC%4Wfq1,CE,&4E-jVT TPOS--rRUE POINT OF BEGINNING SCALE 20 40 80 _r4WTAfNflVG 406 SQUARE FEFT ._... bpi.. 'ARO194JE.PROPER.r''LINE INCH 40 FFET EXHIBIT 6 No.. 023-04,9 STORM GRAD4 EASEMENT DrA.G:SD EXHUTSIffT CITY 4F ATASCARDERO ,_ COUNTY OF SAH LUIS OBI PO, CA DATE�&14/10 EXHIBIT C TEMPORARY CONSTRUCTION EASEMENT 1 - r y[+i x r MAM. .HANT"PRA!NAG..E:PROJECT