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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 db 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: ceM. Remce, C tyCer a anal ota Anagnft i We Coe 41 AW j�, .f _ -em. Public Utili:y-E Wi - Vineyard = i Dwqf - a r r Vine yard is Vineyard Sep 32s�os p. t' i 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 ��a ,ate' V Leo Anagnos we co, # *V4 ' » s Perm. PuMic Utility Eason 2® rant e- i 204 1 i ` 1 'V rseyord Temp. Const.. t fent o 1 ' _ Dwq.0 Vineyard To 6 tic, kkut, r e v t 17% �� $ca Svvs Vinepard L-. ANAGNOS