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HomeMy WebLinkAbout2005-008 Dulitz, Daniel, and Carol Garcia Road P Bridge Replacement Project [CONT�ACT#, City of Atascadero, Garcia Road Bridge Project Parcel,APN 049-182-019 Daniel G. Dulitz and Carole Dulitz Grantor(s) 2005 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, herein after referred to as the "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$5,300.00 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) Prior to completion of the project 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. (I) 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 in the project work area. (7) 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. 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 driveway approaches serving property to new road grade and location and insure that storm water from the street does not enter the property. Permission is granted to the City or its contractor to enter upon Grantor's 2 i Garcia Road Bridge Replacement Project 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. This transaction will be handled through an internal escrow by the City of Atascadero, Public Works Department, 6905 El Camino Real Atascadero, CA 93422. 3 Garcia Road Bridge Replacement Project IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. Grantor(s) Daniel G. Dulitz and Carole Dulitz, husband and wife as community property,with rig o urvivor ip Daniel G. Dulitz J 9�o2leDulitz APPROVED BY: City of Atascadero w- aoG - Mc Name Title NO OBLIGATIONS OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED End of Document 4