HomeMy WebLinkAboutKoball and Smith 2018-04-25IVO. 171'� -- rq Y
AGREEMENT FOR PURCHASE AND SALE OF EASEMENT
This Agreement is entered on hFA 5- �Z,0 I ("Effective Date") in
Ukiah, California by and b een th City of Ukia ("Ci "), a General Law
Municipal Corporation and�J� 1� 1� r,o� w� w�+``-� ("Sellers")
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(s)") 184-160-01 and 104-190-01. The Easement is
more particularly depicted and described in the attached Exhibit 1, which
is a Grant of Easement deed, including Exhibits A.
2. Purchase Price: Seller agrees to accept from Buyer Eighty -Eight
Thousand Two Hundred Eighty Dollars ($88,280.00) as the total payment
and consideration for purchase and conveyance of the Easement.
3. 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 or Lienholder.
4. 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 Purchase Price
set forth in paragraph 2, 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 within 7 days unless extended
by mutual written agreement of the parties.
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
falls 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.
d. 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.
e. Payment of purchase: Buyer shall deposit by check the balance
of the purchase price prior to close of escrow.
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 FI RPA and Buyer is not required to
and shall not withhold any portion of the gross sales price for state
or federal capital gains tax.
5. Right of Possession: Buyer's right of possession shall commence upon
close of escrow
6. 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.
7. 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: SELLERS:
City of Ukiah
David C. Koball
c/o Sage Sangiacomo, City Manager
Amy L. Smith
Ukiah Civic Center
417 N. Oak Street
300 Seminary Avenue
Ukiah, CA 95482
Ukiah, CA 95482
FAX: (707) 463-6204
Email: ssangiacomo@cityofukiah.com
Either party may change its official address by giving notice as provided in
this paragraph.
8. Counterparts: This Agreement may be executed in counterparts and
faxed or emailed signatures shall have the same legal effect as original
signatures.
9. 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.
10. 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.
11. Successors and Assigns: This Agreement is binding upon and inures to
the benefit of the permitted successors and assigns of the parties hereto.
12. 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 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 such against any cost or liability arising out of the obligation to pay
any such fee or commission.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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 of the Effective Date.
BUYER SELLER
CITY O KIAH
By: �V-1 By:
age Sangiacomo, City ager David C. Koball t,
By: �;
Amy L. mith
EXHIBIT "A"
TRACT ONE:
A 20 foot wide non-exclusive easement for the purpose of construction, access, operation,
inspection, maintenance, replacement and repair of recycled water pipelines, and other related
facilities, within the real property lying and being in the Unincorporated Area of the County of
Mendocino, State of California, more particularly described as follows:
Lying 10 feet to the right and 10 feet to the left of the following described line which is
delineated on the construction plans for the construction of the main pipeline in the
aforementioned `Recycled Water Project" and is shown on the plat attached hereto and made
a part hereof. COMMENCING on the southern boundary of Assessor's Parcel No. 184-160-01,
near or at a point identified as "Point No. 1" on the attached plat and as Engineer's Station
"B"10+35.02 on the said project plans; said point being 1.67 feet easterly of a 30 foot wide
easement for a natural gas pipeline and being 31.67 feet easterly of the Northwestern Pacific
Railroad Right of way; thence, South 200 48' 27" East, 35.02 feet to the POINT OF
BEGINNING of this Grant of Easement; said point lying within Assessor's Parcel No. 184-190-
01, at a point identified as Engineer's Station "B"10+00 on the construction plans for the
aforementioned 'Recycled Water Project"; thence North 200 48' 27" West, 1,679.02 feet, more
or less, to the northern boundary of Assessor's Parcel No. 184-160-01, which is near or at a
point identified as "Point No.2" on the attached plat and as Engineer's Station "B"26+79.02 on
the said project plans. It is intended to extend or shorten the side lines of the said 20 foot
easement to coincide with the property line of Grantor.
TRACT TWO:
A 20 foot by 20 foot non-exclusive easement for connecting a water meter and service lateral
to the main pipeline. The location of said easement is shown approximately on the attached
plat near Engineer's Station "B" 10+40, but may be moved by mutual consent during actual
construction.
TRACT THREE:
A 20 foot wide by 21.67 foot long non-exclusive easement extending westerly from the main
pipeline easement at or near Engineer's Station "B" 13+60 to the edge of the railroad right-of-
way, as shown on the attached plat.
TRACT FOUR:
A 20 foot wide by 21.67 foot long non-exclusive easement extending westerly from the main
pipeline at or near Engineer's Station "B" 23+00 to the edge of the railroad right-of-way, as
shown on the attached plat.
R14010.0/Survey/WoWCity of Ukiah Easement Form-Koball Trust
PTN. APN. 184-160-01; PTN, APN. 184-190-01
It is understood that the facilities to be placed in Tract Two, Tract Three and Tract Four may
be moved for the convenience and efficient use of the landowner. In the event that the
facilities are located at different locations than those designated, a replacement deed will be
written to establish the easement in the correct position and a new document shall be filed.
The signature on the replacement easement grant deed shall not be unreasonably withheld by
Grantor.
In addition, two combination air relief valves and one blow -off valve are planned to be installed
within or adjacent to the twenty foot wide easement for the main pipeline. It may be mutually
agreed by the parties to locate those facilities outside the twenty foot wide main pipeline
easement for the convenience of the Grantor. In that event, an easement shall be granted to
accommodate the facilities within an area which is sufficient in size for its intended use.
The basis of bearings for this legal description is between two found HPGN Monuments
identified as Ukiah Airport Reset and HPGN D CA 01 CG, using as a basis the California
Coordinate System, Zone 2, North American Datum of 1983 with an Epoch Date of 2007, a
combined scale factor of 0.99988998, 9= -00°45'33", and a reciprocal factor =1.000110032 to
obtain ground distances. Ukiah Airport Reset has coordinates of North 2,176,565.54 and East
6,220,129.08. HPGN D CA 01 GG has coordinates of North 2,163,578.48 and East
6,223,964.48.
This description of real property was prepared by me, or under my direction, in conformance
with the Professional Land Surveyor's Act.
George (r Rau R.C.E. 21908
My License Expires 09-30-2019
G E
C 21908
* Exp. 09-30 � f
CIVIL
R14010.0/SurvayMord/City of Ukiah Easement Form-Koball Trust
Date
APN: 184-150-01
1 \1
1\
PA �' \
170-07 `o \
n �
rULUPA
184-170--03 1�\
N 20'48'27" W
579.23'
`_STA: "B" 26+79.02
1 POINT N0. 2
\ KOBALL
20' WIDE SERVICE LATERAL EASEMENT
STA: "B" 23+00.00, 10.00' LT
PT 1 TO PT 99 (UKIAH AIRPORT RESET)
N 22'39'55' W 11467.48'
PT 2 TO PT 99 (UKIAH AIRPORT RESET)
N 22'58'34" W 9824.49'
YULUPA ' \
1 \\ 1
APN: 184-170-11 \\
1\
1\
1\
1 \1
1\
\
1\
� \1
1
$o'
R� Rov1. 1
MILOVINA
APN: 184 170-10 \
N 20.48'27" W
1644.00'
,1
FOR
POINT TIE TABLE
Point No.
Northing
Easting
1
2,165,983.67
6,224,548.02
2
2,167,520.44
6,223,964.03
99
2,176, 565.54
6,220,129,08
KOBALL
APN: 184-160--01
KOBALL
\ 20' WIDE SERVICE LATERAL EASEMENT
STA: "B" 13+60.00, 10.00' LT
\ STA: "B" 10+35.02
POINT NO. 1
KOBALL
\ \ 20'x2O' METER EASEMENT'
\; \ STA: "B" 1Q+4 10.00' RT
MILOVINA
APN: 184-180-01 \ \
\ 20.48.27" W
35.02' KOBALL
1 1 dt APN: 184-190-01
Xrefs: R14010 Caltrans ROw.dwq; R14010-BORDER-Exhblts.drrq; 866OA10_OIC10C W-del.dwq
Path: Z:\Rl4Ol0\Drmwlnus\Sures 14010 xhlblt-Plans-All.dw Plot Date: Nov 22 2017 at W 10am
WATER METER AND Off. 2017 SHEET
PUBLIC UTILITYYOEAS EASEMENT a AS SHIM
AND AS80QIA'!O INQKOBALL "w.
CIVIL ENGINEERS • LAND SURVEYORS n CITE' OF UKIAH e.c.R. Of
100 NORTH PINE STREET (707) 462-6536 • UKIAH, CA 95482 ECYCLE WATER PROJECT PHASE 1-3 '"'"wid. "•R. 1
JOB W. 814010.1
CALIFORNIA• iCODE 11
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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 14C�' Cf AX)
Am
Date
personally appeared
before me, i:�2f.STI NE LA-kAVk, lvf)i,11- �-
Here Insert Name and Title of the Officer
Name(s) of igner(s)
who proved to me on the basis of satisfactory evidence to be the persona} whose name(s) isAaw
subscribed to the within instrument and acknowledged to me that Io/she/tim executed the same in
I;/herAh* authorized capacity(W*, and that by_Ws/her/ signature(* on the instrument the person(s),
or the entity upon behalf of which the person(* acted, executed the instrument.
KNISmIIE LAINLER
Nohry Public - Ce "ornia
Mendocino County
coeenieeion 0 2168790
My Comm. Ex fres Nov 17, 2020
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 k }
Signature of Notary Public
Place Notary Seal Above
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Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
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❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02014 National Notary Association • www.NationaiNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907