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.
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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
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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.
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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
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