HomeMy WebLinkAboutLanz, Mark and Jann 2016-09-15AGREEMENT FOR PURCHASE AND SALE OF EASEMENT
This Agreement is entered on 2016 ("Effective Date"), in Ukiah,
California, by and between the City of Ukiah ("City"), a general law municipal corporation and
Mark G. Lanz and Jann Lanz ("Sellers"), husband and wife, joint tenants of real property.
1. Sale of Easement: Sellers agree to sell and Buyer agrees to buy an easement ("the
Easement") located on real property owned by Sellers ("Sellers' Property") commonly known as
Mendocino County Assessor's Parcel Number ("APN") 003-230-03 which real property is
adjacent to the public street in the City of Ukiah, California, commonly known as Hastings Road.
The Easement is more particularly depicted and described in the attached Exhibit 1, which is an
unsigned Grant of Easement deed, including Exhibits A and B and an unsigned Certificate of
Acceptance.
3. Purchase Price: $10,000
a. Cash consideration. Seller agrees to accept from Buyer Ten Thousand Dollars ($10,000)
as cash consideration for the Easement.
b. Additional non-cash consideration. In addition to the cash consideration described in
Section 3.a, above, Buyer agrees to construct the following improvements and water service on
and to Seller's property, known as Mendocino County Assessor's Parcel Number ("APN")
003-230-03:
1) Replace existing gate with a sliding gate on Hastings Avenue driveway
2) Property owner to restore landscaping to his standard
3) City to construct sidewalk on Hastings Avenue
4) City to provide 1 additional 3/" water service. Placement TBD in field
The improvements shall be constructed as specified in the attached Exhibit 2.
4. Condition of Title: Title to the Easement shall be free and clear of all liens, except for
taxes not yet due, and all leases, easements and encumbrances not approved by Buyer.
5. Escrow: Buyer shall open escrow with a title company of its choice within five (5) days
from the effective date of this Agreement and deposit with the title company $1,000, which shall
be applied toward the cash consideration specified in Section 3.a, above. The parties shall deliver
escrow instructions to the escrow agent within 14 days from the effective date of this Agreement,
which shall include the following:
a. Closing date: Escrow shall close by ' 2016, unless extended by
mutual written agreement of the parties.
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b. Preliminary title report and title insurance: Buyer shall have 30 days from the
Effective Date to approve a preliminary title report, including confirmation that Sellers
have the authority to convey the Easement to Buyer. If Buyer disapproves the report, it
must provide written notice of such disapproval to Sellers. Buyer shall have no further
obligations under this Agreement and shall be entitled to the return of any money or
documents deposited with the escrow agent, if it gives Sellers timely written notice that it
disapproves of title as set forth in a preliminary title report. If Buyer fails to provide such
timely written notice, it shall be deemed to have waived all objections to title. The title
company must issue prior to closing a CLTA title insurance policy in the amount of the
total purchase price, listing only those exceptions approved by Buyer.
c. Sellers Disclosures: Sellers disclose the following information they have
concerning the condition of the Property and the Easement.
(1) Flood Hazard Area Disclosure: The Property and the Easement or a
portion thereof are not located within a Federal Emergency Management Agency
(FEMA) "Special Flood Hazard Area."
(2) Geologic Hazard Zone: The Property and the Easement are not located
within a Special Studies Zone as designated under Public Resources Code §§
2021-2625.
e. Closing costs: Buyer shall pay all escrow and title insurance costs of said
conveyance. Real property taxes, assessments and insurance premiums, if any, shall be
prorated between the parties from the date the deed is recorded in the official records of
Mendocino County. All pro -rations shall be made on the basis of a 365 day year or 30 day
month as applicable.
f. Payment of purchase: Buyer shall deposit by check the balance of the purchase
price prior to close of escrow.
g. Tax Withholding: Under the Foreign Investment in Real Property Tax Act
(FIRPA; 26 USC §1445), every buyer of U.S. real property must, unless an exemption
applies, deduct and withhold from a seller's proceeds 10% of the gross sales price. No
withholding is required if the Sellers certify under penalty of perjury that they are not a
foreign person within the meaning of the Act. The Sellers hereby certify under penalty of
perjury that they are not a "foreign person" within the meaning of FIRPA and Buyer is not
required to and shall not withhold any portion of the gross sales price for state or federal
capital gains tax.
6. Right of Possession: Buyer's right of possession shall commence upon close of escrow,
except for any temporary right of access granted for the purpose of installing improvements prior
to close of escrow.
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7. Force Majeure: The time for performing any condition under this Agreement shall be
extended, and the obligations of Buyer suspended, by the number of days during which the
performance of that condition is prevented due to fire, flood, unusual weather events, strikes, labor
disputes, shortages, utility curtailments, power failures, explosions, civil disturbances, the time
required to satisfy government regulatory requirements beyond the minimum periods permitted by
law, acts of God, shortages of equipment or supplies, unavailability of transportation, acts or
omissions of third parties or any other reason beyond the reasonable control of the Buyer.
8. Notice: Whenever notice is permitted or required under this Agreement, it shall be
deemed given when personally served by personal delivery, fax, email or overnight courier, or
when deposited in the United States mail with proper first class postage affixed thereto and
addressed as follows:
BUYER:
City of Ukiah
C/o Sage Sangiacomo, City Manager
Ukiah Civic Center
300 Seminary Ave
Ukiah, CA. 95482
FAX: (707) 463-6204
Email:ssangiacomo@cityofukiah.com
SELLERS:
Mark G. Lanz and Jann Lanz
930 Knob Hill Road
Ukiah, CA 95482
Email: timber@pacific.net
Either party may change its official address by giving notice as provided in this paragraph.
9. Counterparts: This Agreement may be executed in counterparts and faxed or emailed
signatures shall have the same legal effect as original signatures.
10. Partial Invalidity: If any term or provision of this Agreement shall be deemed to be
invalid or unenforceable to any extent, the remainder of this Agreement will not be affected
thereby, and each remaining term and provision of this Agreement will be valid and be enforced to
the fullest extent permitted by law.
11. Waivers: No waiver of any breach of any covenant or provision contained herein will
be deemed a waiver of any preceding or succeeding breach thereof, or of any other covenant or
provision contained herein. No extension of time for performance of any obligation or act will be
deemed an extension of time for performance of any other obligation or act except those of the
waiving party, which will be extended by a period of time equal to the period of the delay.
12. Successors and Assigns: This Agreement is binding upon and inures to the benefit of
the permitted successors and assigns of the parties hereto.
13. Professional Fees: Neither Buyer nor Sellers have used a licensed realtor or other
agent in connection with the purchase of the Easement and neither party is liable to any such
realtor or agent for a commission or fee. If either party is determined to have an obligation to pay
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any such fee or commission, it shall be the sole responsibility of that party to pay the fee or
commission and that party shall indemnify and defend the other party from against any cost or
liability arising out of the obligation to pay any such fee or commission.
14. Entire Agreement: This Agreement (including all Exhibits attached hereto)
constitutes the entire contract between the parties hereto and may not be modified except by an
instrument in writing signed by the party to be charged.
15. Time of Essence: Sellers and Buyer hereby acknowledge and agree that time is
strictly of the essence with respect to each and every term, condition, obligation, and provision
hereof.
16. Construction: This Agreement has been prepared by Buyer and its professional
advisors and reviewed by Sellers and their professional advisors. Sellers and Buyer and their
respective advisors believe that this Agreement is the product of all of their efforts, that it
expresses their agreement and that it should not be interpreted in favor of or against either Buyer or
Sellers. The parties further agree that this Agreement will be construed to effectuate the normal
and reasonable expectations of a sophisticated seller and buyer.
17. Governing Law: The parties hereto expressly agree that this Agreement will be
governed by, interpreted under, and construed and enforced in accordance with the laws of the
State of California. The parties mutually consent to jurisdiction and venue in the courts of
Mendocino County and waive any objections to the jurisdiction or venue of such courts.
18. Paragraph Headings: The paragraph headings contained herein are for
convenience and reference only and are not intended to define or limit the scope of this agreement.
WHEREFORE, the parties have entered this Agreement on the Effective Date.
BUYER
CITY OF UKIAH
By: s
Sa Sang"'i'a9kno, City Manager
99
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SELLERS
MARK G. LANZ AND JA.NN-�6ANZ
50-A
By: _
Jann
RECORDING REQUESTED BY
AND MAIL TO:
City Clerk
City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482
APN: 002-230-03 No fee pursuant to Government Code Section 6103
Document transfer Tax $0.00 and the value is less than $100.00
GRANT OF EASEMENT
MARK G. LANZ AND JANN LANZ, HUSBAND AND WIFE, AS JOINT TENANTS, hereinafter
referred to as. "GRANTOR(S)", do hereby grant to the City of Ukiah, a Municipal Corporation,
("GRANTEE"), its successors and assigns forever, a non-exclusive easement for public
roadways and related facilities, including, but not limited to, right-of-way for vehicles and
pedestrians, pavement, curbs, gutters, sidewalks, storm drains, planting strips, and street trees,
and public utility purposes, over, under, and through a portion of the land situated in the City of
Ukiah, Mendocino County, California, owned by Grantor and which is described as follows:
SEE EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF
Said grant of easement includes the right to use, construct, reconstruct, repair, maintain, and
inspect public roadways and related facilities (as described above) and public utilities including,
but not limited to, water lines; sewer lines; storm drains; electric power lines, poles and
appurtenances; street lights; gas lines; and communication lines, poles and appurtenances; and
the right to erect, maintain, and replace signs and markers warning of the location of said
facilities and utilities; and the right to survey within said easement and to place or replace
surveying stakes and monuments of a permanent nature therein.
Said grant of easement is subject to all easements, restrictions and other matters of record
against Grantor's property or any part thereof and all improvements and above -ground or
underground utility lines and conduits existing in the easement area as of the date of this grant.
MARK G. LANZ
By:
JANN LANZ
By:
Dated:
Dated:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of )
On before me,
Date
personally appeared
Here Insert Name and Title of the Officer
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature
Place Notary Seal Above
Signature of Notary Public
Exhibit "A"
All that certain real property situate, lying and being in the City of Ukiah, County of Mendocino, State of
California, described in the Interspousal Transfer Deed recorded June 9, 1998 in Book 2513, Page 448,
Mendocino County Official Records, more particularly described as follows:
COMMENCING at the southeasterly corner of Parcel Three as described in that deed recorded in Book
2513 at Page 448, Mendocino County Official Records; thence, North 880 37' 34" West (Deed = North 890
30' West) along the southerly boundary of the aforementioned Parcel Three and continuing along the
southerly boundary of Parcel Two of the aforementioned deed, and the northerly boundary of Hastings
Avenue (also known as Airport Road), a total distance of 259.18 feet, more or less, to the intersection of the
easterly right of way line of South State Street and the northerly right of way line of Hastings Avenue;
thence, leaving the easterly right of way line of South State Street, and back along the northerly right of way
line of Hastings Avenue, 69.44 feet, TO THE POINT OF BEGINNING; thence, leaving said northerly right of
way line, North 84°54'35" East, 33.83 feet; thence South 89°09'14" East, 155.70 feet, more or less, to the
easterly property line of the land conveyed in a deed dated June 9th, 1998 in Book 2513, Page 448,
Mendocino County Recorder's Office; thence southerly (Deed = South 71 30' East) along said easterly
property line, 5.26 feet, more or less, to the northerly right of way line of Hastings Avenue; thence westerly,
along said northerly right of way line, North 880 37' 34" West (Deed = North 890 30' West), 189.74 feet,
more or less, to the Point of Beginning.
The basis of bearings for this description is the bearing "South 16° 27' 11" East", from the HPGN Point
identified as Ukiah Airport Reset' to the HPGN Point identified as HPGN D CA 01 CG. This Basis of
Bearings is a grid bearing in California Zone 2, NAD 83, with an epoch date 2007.00 and a theta angle of
-0°45'33". The distances are grid distances established by a combined scale factor of 0.99998998.
A plat of the land described above is shown on Exhibit "B", attached.
PTN. APN. 003-230-03
This real property description was prepared by me, or under my direction, in conformance with the
Professional Land Surveyor's Act.
George C. Rau R.C.E. 21908 Date
My License Expires 09-30-2017
Z/1109153/Survey/Word/Lanz to CityLEGALDESCRIPTION EXHIBIT A/041316 Page 1
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Grant of Easement dated
from to the City of Ukiah, general law municipal corporation, is
hereby accepted by order of the undersigned officer on behalf of the City Council pursuant to authority
conferred 'by resolution of the City Council adopted on February 1, 1961, and the Grantee consents to
recordation thereof by its duly authorized officer and agrees to be bound by the terms of such Grant of
Easement.
This document is presented for recordation by the City of Ukiah pursuant to Section 27281 of the
Government Code.
By:
Sage Sangiacomo, City Manager
Date:
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of
On , before me,
Notary Public, personally appeared Sage Sangiacomo, who proved to me on the basis of satisfactory
evidence to be the person whose name is subscribed to the within instrument and acknowledged to me
that he executed the same in his authorized capacity, and that by his signature on the instrument the
person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Signature of Notary Public Place Notary Seal Above
APPROX PROP. LINE - - - -
LINE
TABLE
-LINE
LENGTH
BEARING
Ll
33.83
N84*54'35"E
L2
155.70
S89'09'1 4"E
L3
5.26
S03'21'10"E
70
I
89.741
N88-37'34"
APPROX PROP. LINE - - - -
- -
LANZ
APN 003-230-03
11
DOC NO. 1998-10430
10
BOOK 2513, PAGE 448
Ln
M.C.R.
70
I
-10
RIGHT OF WAY
F
POINT' -OF COMMENCEMENT EIVIENIT_77:�..
UL
CITY OF UKIAH
APN 003-230-04
DOC NO. 1957-20123
L3
HASTINGS AVE.
5 _e
.011 y A", 154 0. R. 73
3.h
. ..........
.............. ... ...... ..
. . .. ........ . .
CITY OF UKIAH
MUNICIPAL
AIRPORT
CITY OF UKIAH
CITY OF UKIAH APN 003-230-22
APN 003-230-23 DOC NO. 1941-01521
Co
DRAWING. Date: April, 2016 SHEET
■ EXHIBIT "B" Scale: 1'=40-
MD ASSOCIATESM. Drawn; JJR
EE CIVIL ENGINEERS - LAND SURVEYORS - PROJECT. INTERSECTION WIDENING Checked: JJR
MAO NORTH PINE STREET - (707) 462-5536 -UKIAH, CA 95482G7 Of
AT SOUTH STATE ST. AND HASTINGS AVE JOB NO. R091531
Exhibit 2
1) Hastings Avenue will be fenced with a privacy chain link fence and an electric sliding gate to
match the fence for access to the property. This work will be performed during the associated
construction project by a City contractor.
2) Property owner to restore landscaping to his standard. This work will be completed after the
associated construction project by a City contractor.
3) City to construct sidewalk on Hastings Avenue. This work will be performed during the
associated construction project by a City contractor.
4) City to provide 1 additional 3/" water service. Meter placement will be determined in the field.
This work will be performed by the City or its contractor after close of escrow for the easement.
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