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Home My WebLink About2005-009 Ducasse, Daniel, and Kathleen Cl WY OF AYb".�ADERO Garcia Road Bridge Replacement Project CC?i`TRACT;1r City of Atascadero, Garcia Road Bridge Project Parcel, APN 049-092-034 Daniel P. and Kathleen Ducasse Grantor(s) EASEMENT PURCHASE AGREEMENT Documents "A" and "B" in the form of an Easement Grant Deed and a Temporary Construction Easement Deed respectively and covering the property particularly described in the above instrument has been executed and delivered to the City of Atascadero (City). In consideration of which, and the 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. 2. The City shall: (A) Pay the undersigned grantor(s)the sum of$12,000.00 for the property or interest conveyed by the above document(s)when title to said property vests in the City of Atascadero subject to all matters of record. (B) Pay all escrow and/or title services and recording fees incurred in this transaction and, if title insurance is desired by the City, the premium charged therefore. (C) 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 this escrow closes, together with penalties and interest thereon, and/or delinquent and unpaid non-delinquent assessments,which have become a lien at the close of escrow. (D) Indemnify, and hold harmless grantor(s) from any and all claims, damages, costs, judgments, or liability caused by City or its officers, employees or agents specifically arising from City's project construction, restoration work or as a direct result of City's planned use and/or operation of City's facilities on grantor(s)property. 1 Garcia Road Bridge Replacement Project (E) Have the right to use the Temporary Construction Easement area as described in Document "B"mentioned above for a twelve month period. Said twelve month period shall commence on the date City first enters upon grantor's property for the purpose of starting project construction and shall terminate no later than twelve months thereafter. Should, however, City need to continue to use the Temporary Construction Easement Area for a period of time beyond the initial twelve month period mentioned above, City shall in addition to the sum shown in Clause 2 (A) above pay to grantor(s) the sum of$75 per month for each month that City remains in possession of the Temporary Construction Easement Area. In no case shall the City use the Temporary Construction Easement Area for more than a total of 24 months and the grantor(s) agree to not contest the right of City to remain in possession of the Temporary Construction Easement area for the purpose of completing all final phases of project construction for a total of 24 months. (F) Provide grantor(s) with one copy of the City's"Arborist Report", Tree Protection Plan and Tree Planting Plan. Said tree "Planting Plan" shall be prepared in accordance with the requirements of the City Planning Commission approved Tree Removal Permit Process (TRP) 2004-0065. (G) Cut or cause to be cut into 16" lengths and stacked in a convenient location on grantor's property, all salvable cord wood cleared from grantor's property as a result of the proposed project construction. Said cord wood once cut and stacked shall become the property of grantor(s). (H) The City, or any other party without written approval, shall not grade, construct or place any object north of Graves Creek and east of the fences within the bridge easement after the project grading is completed, the fences are reconstructed, the driveway approach is placed and the project is completed. The area shall be graded similar to the grading concept shown on Document C. The purpose of this item is to insure the grantor(s) access to the upper portion of the property. (I) Prior to completion of the project, all landscaping, fencing, and other property improvements will be restored or replaced to preconstruction condition by the City, if damaged or removed by the contractor as part of this project. The grantor(s) shall walk the property with the contractor and City,prior to the start of construction, and inventory existing property improvements. (J) The City will provide temporary construction fence between the project work area and the remainder of the property in order to keep people and domestic and farm animals out of the project work area and to keep domestic and farm animals on the property. 2 Garcia Road Bridge Replacement Project (K) The City shall provide access to the grantor(s) from Garcia Road unrestricted, except for short and necessary work periods. The City and/or its contractor will coordinate with the grantor(s) any access limitations. (L) The City and its contractor shall make every effort possible to limit the use of the temporary easement next to the residence so as to reduce the impact of the project on the grantor(s). 3. Grantor(s)warrant(s) that there are no oral or written leases on all or any portion of the property exceeding a period of one month and the grantor(s) further agree(s) to hold the City harmless and reimburse the City for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of grantor(s) for a period exceeding one month. 4. It is also agreed by and between the parties hereto that, at no expense to grantor, the City or its contractor will perform the following, including but not limited to,work at time of project construction: Conform two driveway approaches serving property to new road grade and location. Permission is granted to the City or its contractor to enter upon Grantor's remaining property as necessary to perform the above work. All work will be performed in a good and workman-like manner. Grantor further understands and agrees that upon completion of the work described above, said improvements mentioned above and located on grantor's property remainder shall be considered as the sole property of grantor and grantor shall be responsible for its/their future maintenance and repair. 5. It is agreed and confirmed by and between the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the subject property by the City shall commence at the close of escrow and amount shown in Clause 2(A) and (D)herein includes,but is not limited to, full payment for such possession and use from said date. 6. This transaction will be handled through an internal escrow by the City of Atascadero, Public Works Department, 6905 El Camino Real, Atascadero, CA 93422 (Continued on next page) 3 Garcia Road Bridge Replacement Project IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. Grantor(s) ,t Da 'el P. Ducasse Kathl en A. Ducasse APPROVED BY: City of Atascadero Name V k Title NO OBLIGATIONS OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED End of Document 4 DOCUMENT C ❑ KEY NOTES 1. ADJUST POST SEPARATION LENGTH IN THE FIELD TO 7. CONSTRUCT A 5.Om WIDE RESIDENTIAL DRIVEWAY APPROACH PER ACCOMMODATE GUARD RAIL & BRIDGE ABUTMENT SAN LUIS OBISPO COUNTY STANDARD DRAWING B-2. 3. RESET SURVEY MONUMENT TO GRADE TO MATCH EXISTING PROVIDE 0.3' DEEP VALLEY GUTTER. PER CITY OF ATASCADERO STANDARD DRAWING 426. 11. HYDROSEED FILL SLOPES PER MIX AS SHOWN ON SLOPE 5. INSTALL 1.83m LONG AC RAMP AT A GRADE OF 8.33 PROTECTION PLAN. 12. TREE TO BE REMOVED X CONSTRUCT BASED ON STD. PLAN DRAWING A88A 16. CONNECT TO EXISTING FENCE CASE C AND MODIFY FOR A ONE-DIRECTION APPLICATION. 6. CONSTRUCT A 1.52m WIDE PCC RESIDENTIAL SIDEWALK 17. NEW FENCE LOCATION. (RELOCATE EXISTING FENCE) PER CITY OF ATASCADERO STANDARD GRAPHIC SCALE DRAWING B-5. ( IN METERS ) 5 0 2.5 5 10 c I ISTif p � �n oLD 1 200 ® hA � i I / ` J i IAF/- 5r', Ali i EXONG/ACCESS N i Tq REMAINS /(i! (FILL DANS 1100 �i i�' � ,�� i 247 � i ti � iii � ' r r q�Eq S 1` t r � it -- _ 248.2s� j"' pp It i ' r / ,QA ; +060 .._ QpOFESS104, — h�Q`��\F1P W 2 sa * x F F cw OF CAUFOP f i / 101.Fi m f,'I J _ r • � I;;f 79 JOB No. : 0023.0013 4115 BROAD STREET,SURE B-5 GARCIA ROAD & BRIDGE DRAWING OW Grading Exh SAN LUIS OBISPO,CA 93401 DRAWN BY: LKT T 805544-4011 GRADING EXHIBIT DATE 03-03-05 F 805 544-4294 : we .walWCegrwpms CITY OF ATASCADERO, CA SCALE : 1 : 200 WALLACE GROUP