HomeMy WebLinkAboutAgenda Report - April 15, 1981 (35)R/W AGREEMENTS
WITH ANAGNOS
APPROVED
COUNCIL` APPROVED AGREEMENTS BETWEEN THE CITY
AND LEO ANAGNOS AND THE CITY AND PANAGIOTA
ANAGNOS AND AUTHORIZED THE CITY MANAGER AND
CITY CLERK TO EXECUTE SAME FOR THE CITY OF
LODI.
o r� -ODI
.
COUNCIL COMMUNICA'T'ION
TO: City Council
FROM: City Manager
DATE: April 10, 1961'
SUBJECT: Anagnos Easements, Turner Road and Cluff Avenue
RECBMMENOED ACTION-. That the City Counci.t approve the agreements between
the City and Leo Anagnos: -and the City and Panagiota Anagnos and authorize
the. City !tanager and City Clerk to execute same for the City.
BACKGROUND INFORMATION: The easements being obtained are needed for the
Installation of ClurrAvenue Storm Drain Phase il, and the future expansion
of power and -storm drabs on Cluff Avenue. Our appraiser agrees with the
amount being paid for the -easements and both the Anagnoses and the City
agree to the conditions-out-l-Ined. Cop_1es of the -agreements and a sketch
of easements being obtal-ned are attached. it is recommended that the Council
approve QW agreements, --and- payments contained therein.
L. Roasko
Pub is Works Director
.GER:dmw
Encl.
APPROVED: 1 FILE NO.
HENRY A. CLAVES, City Manager ( J
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AGREEMENT
THIS AGREEMENT entered Into this day of , 1981, by
and between PANAG10TA ANAGNOS, hereinafter called Gran or, and the CITY Of
LODI, hereinafter called City.
WITNESSETH:
1. Grantor agrees to grant to the City and the City agrees to accept
a deed of easement for that certain real. property in the City of Lodi, County
of San .Joaquin, State of California, described as follows:
The West 1.7.00 feet of the East 37.00 feet; and the North
40.00 feet of the East 650.00 feet of the North one-half of
the following described property:
Coneencing at a point on the East boundary line of the Northwest
quarter (NW 1/4) of Section six (6), in Township three (3) North
Range seven (7) East, !bunt Diablo Base and Meridian, twenty (20)
rods South of the Northeast corner of said Quarter section and
running thence South along said boundary lane sixty (60) rods;
thence Westerly eighty (80) rods on a line parallel with the
North line of said Quarter section; thence North sixty (60) rods;
thence East eighty (80). rods to the point of beginning..
Commonly known as 17789 No. Cluff Avenue, together with an easement
for construction purposes more particularly described as follows;
The South 20.00 feet of the North 60.00 feet of the East 650.00
feet of the following described property:
Commencing at a point on the East boundary tine of the Northwest
Quarter (NW 1/4) of Section six (6), in Township three (3) North
of Range seven (7) East, Mount Diablo Base and Meridian, twenty
(20) rods South of the Northeast corner of said Quarter section
and running thence South along said boundary line sixty (60)
rods; thence Westerly eighty (80) rods on a line parallel with
the North line of said Quarter section; thence North sixty (601
rods; thence East eighty (80) rods to the point of beginning.
Said construction easement to expire upon the date that the drainage
facilities constructed adjacent to this easement are accepted for maintenance
by the City Council of the City of Lodi, but no later than December 31, 1981.
2. City agrees to pay Grantor the sum of $5400.00 for the permanent and
construction easement above described, when Grantor has transferred to City an
Easement Deed for the above described easement,
3. City agrees, in addition to the cash consideration, at no expense to
the -Grantor toi
�. Replace existing irrigation facilities disturbed during
construction or remove entirely and place i-1/2" vent
pipe at nearest trri-gat-lon valve outside permanent easement,
at Grantor's option.
b.' Levet all disturbed areas and subsoil same to a depth of 18".
c. Wood from all trees is property of Grantor and Grantor shall
be noti'fisd a minimum of one week prior to any clearing in
cider to provide an opportunity to remove any such wood.
After not I ftcstI-on and one weak waiting period, Grantor shall
have no further claim on such wood.
City agrees to pay all title, escrow and recording fees.
S. both parties agree to recording of the deed.
6. 9oth parties agree that they have, herein set forth the whole of their
Agreement. The performance of this Agreement constitutes the entire consideration
and shall relteve.City of all further obligation or claims.
7. City shall assume 1iab t ty`=for any damage to said property caused
by the City's possession or use of sa%d-easements.
,
8. This Agreement is bindi-ng--ort the heirs, executors, administrators, and
assigns of the parties hereto.
IN WITNESS WHEREOF the parties have executed this Agreement the day and
year hereinabove written.
CITY OF LODI, a Municipal Corporation
By:
ry A. G eves, City Manager
Attest:
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P. ANAGNOS
AGREEMENT
THIS AGREEMENT entered into this OAay of ° , 19810
by and between LEO ANAGNOS and CALLY AjawoS,, his wifef
hereliafter called Grantor, and the CITY OF LODI, hereinafter called City -
WITNESSETH:
1. Grantor agrees to grant to the City and the City agrees to accept
a deed of easement for that certain real property in the City of Lodi. County
of San Joaquin, State of California, described as follows:
The West 17.00 feet of the East 37.00 feet of the South one-half
of the following described property:
Commencing at a point on the East boundary line of the Northwest
.quarter (NW 1/4) of Section six (6), In Township three (3) North
Range seven (7) East, Mount Diablo Base and Meridian, twenty (20)
rods South of the Northeast corner of said Quarter section and
'ann-i ng thence South along said boundary line sixty -.(�O) rods,;
thence Westerly eighty (80) rods on a l-ine parallel wl.th the
North line of said Quarter section; thence North sixty (60) rods;
thence East eighty (80) rods to the point of beginning.
2. City agrees to pay Grantor the sum of $2,000 for the easement above
described, when Grantor has transferred to City an Easement Deed for same.
3. City agrees, in addition to the cash consideration, at no expense to
the Grantor to:
a. Replace existing irrigation facilities disturbed during
construction.
t b. Level all disturbed areas and subsoil same to a depth of 18".
c. Power poles placed in the easement will be piaeed in lune
with existing vine rows.
d. Notify Grantor a minimum of one week prior to any clearing
to provide Grantor an opportunity to remove any wood from
trees. After notification and one week waiting period,
.Grantor shall have no further claims on such wood.
40 Grantor agrees, at no additional cost to City, to remove one °
additional row of grape vines, parallel to Cluff Avenue, if to the opintow
of Grz*itor, such removal becomes necessary because of cultural practices .
necessary during the construction period.
s. City agrees to pay all title, escrow and recording fees.
6. Both partles agree to recording of the deed.
7. City shall assume tlabiltty for any damage to said property caused
by the City's possession or use of said easement.
8. both -parties agree that they have -herein. set forth the whole of
�thel r Agreement. The performance of this Agreement constitutes the exit i re
consideration and-shalI relieve City -of ail further obligatlon or claims.
.9. This Agreement is binding on the hears, executors, administrators,
and assigns of the parties hereto.
IN WITNESS WHEREOF the parties have executed this Agreement the day and
year hereinabove written.
CITY OF LAOI, a Municipal Corporation
• Henry A. G aves, City Manager
Attest:
Alice M. Re mche, C ty Cler
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Leo Anagnos
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