SANTA CRUZ COUNTY BOARD OF SUPERVSORS NDEX SHEET Creation Date: 5/11/04 Source Code: PUBWK Agenda Date: 5/18/04 NVENUM: 54540 Resolution(s): 153-2004 Ordinance(s): Contract(s): Continue Date(s): ndex: --Letter of Public Works Department dated May 6, 2004 --Assessor's Maps --Right of Entry --Contract --Property Description tem: 51. ADOPTED RESOLUTON NO. 153-2004 for right-of-way acquisition for the Gross Road mprovements, Gross Road to Capitola City Limits; authorized the Director of Public Works to sign the agreements on behalf of the County; and approved payment of claims, as recommended by the Director of Public Works
h County of Santa Cruz 0293 DEPARTMENT OF PUBLC WORKS - REAL PROPERTY DVSON THOMAS L. BOLCH DRECTOR OF PUBLC WORKS 701 OCEAN STREET, ROOM 410, SANTA CRUZ, CA 95060-4070 (831) 454-2331 FAX (831) 454-2385 TDD (831) 454-2123 SCOlT C. LOlCHlNGER CHEF REAL PROPERTY AGENT SANTA CRUZ COUNTY BOARD OF SUPERVSORS 701 Ocean Street Santa Cruz, California 95060 SUBJECT: GROSS ROAD MPROVEMENTS - COFFEE LANE TO CAPTOLA CTY LMTS PROPERTY ACQUSTONS Members of the Board: ncluded in the 2003/2004 Public Works and Redevelopment Agency Budgets are funds for the construction of road improvements on Gross Road between Coffee Lane and the Capitola City Limits and for the acquisition of the required property rights. The attached 37 agreements provide for the acquisition of necessary easements along Gross Road frontages for the above mentioned project. The required property rights will allow for the installation of new curbs, gutters, storm drains, and sidewalks within the project improvement area. The settlement amounts for the property interests acquired are shown in the attached Resolution and are based on departmental appraisals. These amounts are considered fair and reasonable for the real property interests being acquired and represent the fair market value for such property interests. Acquisition costs for these 37 agreements totals eighty-three thousand nine hundred fifty dollars. The funding for these acquisitions is being provided by the County's Redevelopment Agency. Redevelopment funds are being used because it has been determined that the improvements are of benefit to the project area in which the acquisitions are located, that no other reasonable means of financing the improvements are available to the community, that the project will assist in the elimination of blight, and that the project is consistent with the Redevelopment Agency's five year implementation plan. The Redevelopment Department has a letter to the Board of Directors of the Redevelopment Agency on today's agenda requesting authorization for the expenditure of funds necessary for these acquisitions. 51,-
SANTA CRUZ COUNTY BOARD OF SUPERVSORS Page -2-0294 t is recommended that the Board of Supervisors take the following action: 1. Make findings that the improvements are of benefit to the project area in which the acquisitions are located, that no other reasonable means of financing the improvements are available to the community, that the project will assist in the elimination of blight, and that the project is consistent with the Redevelopment Agency's five year implementation plan. 2. Adopt Resolution approving and accepting the terms and conditions of the agreements and authorize the Director of Public Works to sign said agreements on behalf of the County; 3. Approve payment of claims for the agreements. Yours truly, * Director of Public Works TLB:PAP:pap Attachments RECOMWNDED FOR APPYVAL: County Administrative Officer Copy to: Public Works Department Redevelopment Department Auditor-Controller
BEFORE THE BOARD OF SUPERVSORS OF THE COUNTY OF SANTA CRUZ, STATE OF CALFORNA 0295 RESOLUTON NO. 153-2004 On the motion of Supervisor Campos duly seconded by Supervisor Beautz the following resolution is adopted: RESOLUTON FOR RGHT-OF-WAY ACQUSTON GROSS ROAD MPROVEMENTS - COFFEE LANE TO CAPTOLA CTY LMTS RESOLVED by the Board of Supervisors of the County of Santa Cmz, State of California: WHEREAS, the County of Santa Cruz is desirous of acquiring the real property interests described in the agreements attached hereto and hereinafter referred to; and WHEREAS, the owners of said real property interests have delivered agreements and/or deeds conveying said real property interests to County, upon condition that County acknowledge and approve Articles set forth in said agreements binding County to the performance of said Articles; and WHEREAS, the Board of Supervisors of said County hereby finds the Articles of said agreements to be fair and reasonable consideration for the acquisition of said real property interests. NOW, THEREFORE, BE T RESOLVED AND ORDERED that the County of Santa Cruz does hereby accept the terms of said contracts listed below: A.P.N. 03 1-03 1-82 031-031-18 03 1-04 1-49 03 1-04 1-48 03 1-03 1-36 03 1-04 1-54 031-01 1-16 03 1-04 1-66 031-01 1-17 03 1-04 1-65 031-041-61 031-021-18 03 1-02 1-62 03 1-02 1-83 NAME Nancy Sinai Bruce Daniel Koehler Larry Phillips, Kimberly Phillips Gerald Larrabee, S herri Larrabee Ethan Hamm, Greta A. Hamm John J. Silva, Sara T. Silva John Leopold, Teresa Buika Leopold Brian Edwards, Janet Edwards Andrietta Valerie Hunter Robert Urling, Anna Urling Visa1 Cheng, Amata Sos, Sophorn Pat Deanna S. Morden Effie J. Machado Todd Morgen, Sharon Morgen PAYMENT $ 250.00 3,100.00 250.00 250.00 250.00 4,850.00 15,950.00 250.00 15,150.00 250.00 250.00 5,400.00 7,500.00 2.850.00
h 03 1-04 1-62 03 1-02 1-64 03 1-02 1-65 031-041-57 03 1-02 1-67 03 1-052-17 031-021-58 03 1-052-02 03 1-052-03 031-021-53 031-021-55 03 1-052- 16 03 1-02 1-54 031-021-51 03 1-052-20 03 1-02 1-50 03 1-052-06 03 1-02 1-60 03 1-052-07 03 1-02 1-79 03 1-052-08 03 1-052-09 031-053-16 Eric B. Caisse, Bryn K. Caisse Ginette Lafosse Preston W. Dyson, Marilyn E. Dyson Paul Rucker, Catherine Rucker William London, Jackie London Robert E. Rodriguez, Lisa B. Rodriguez Armando Servin Matthew H. Fanning Vern Scharf, Cynthia Scharf Gary Stephen Tyler Rogelio Garcia Mervin K. Deutscher, Mary Lou Deutscher Vincent J. Cosentino Peter Scontriano, Vicki Garcia Kelly J. Flood Nadine Bennett, Mark D. Cole Ruth M. Sakamoto Scott Cunningham, Regina M. Cunningham Anita L. Del Bianco Michael G. Devore Patricia Vomvolakis Joseph Sabini, Lisa Sabini Greg W. Heath, Laurie L. Heath, Robert B. Stuart 250.00 2,600.00 3,300.00 250.00 2,500.00 250.00 3,000.00 250.00 250.00 2,900.00 1,900.00 250.00 1,800.00 600.00 250.00 250.00 250.00 250.00 250.00 3,750.00 250.00 250.00 1,800.00 0296 BE T FURTHER ORDERED that the Auditor-Controller of the County of Santa Cruz is hereby authorized to approve payment of claims for the above listed agreements payable to the above listed Grantors, except for the Leopold (031-011-16), Hunter (031-011-17), Morden (031-021-18), and Machado (031-021-62) claims which shall be made payable to Santa Cruz Title Company as escrow agent for these transactions, in the amounts indicated above, out of the County Redevelopment funds, charged against ndex No. 61 1201, Work Authorization No. 66005, for the purchase of said property interests AND TO DELVER THE SAME TO THE CHEF, REAL PROPERTY DVSON OF THE COUNTY OF SANTA CRUZ, AND
A 0297 BE T FURTHER ORDERED that said Chief, Real Property Division, deliver said warrants directly to the above listed grantors. PASSED AND ADOPTED by the Board of Supervisors of the County of Santa Cruz, State of California, this 18th day of May, 2004, by the following vote: AYES: SUPERVSORS Beautz, Pirie, Campos, Stone and Wormhoudt NOES : SUPERVSORS None ABSENT: SUPERVSORS None ATTEST: m-7: BOflKOWSKf Clerk of said Board W D l WORMHOUBP Chairperson of said Board Distribution: Real Property Division County Counsel Auditor-Controller Public Works Redevelopment
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RGHT OF ENTRY Property No. 1 APN: 03 1-03 1-82 County of Santa Cruz Public Works Department 70 1 Ocean Street Santa Cruz, California 95060 Date: j&wd CJ Project: GROSS RD MPROVEMENT PROJECT COFFEE LANE TO CAPTOLA LMTS Gentlemen: Permission is hereby granted to the County of Santa Cruz, its contractors and/or authorized agents, to enter and bring the necessary workmen, tools and equipment onto the property of the undersigned, where necessary, for the purpose of conforming a portion of the Grantor s property to the new sidewalk grade, as shown on the attached plan. The County of Santa Cruz shall pay the undersigned grantor the sum of $250.00 for the right of entry herein granted. t is understood and agreed that the County shall have the right to trim any vegetation as necessary to construct the improvements, but that the premises will be left in a clean and orderly condition and that any existing improvements located on the Grantor s property that may have been disturbed or removed during the course of the work will be restored or replaced in kind. t is further understood and agreed that permission to perform the acts stated herein shall remain in force and effect only until the completion of construction or December 31,2005 whichever comes first, and that all rights hereunder shall cease when said work has been completed. RECOMMENDED FOR APPROVAL: LG.+ Real Property gent Grantor(s) ACCEPTED: r- Property Address: 3225 Gross Road Santa Cruz, CA 95062 W DirkctorwPPublic WorksL
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Property NO.:^ Bruce Daniel Koehler (Sellers) APN: 031-031-18 Project: Gross Road mprovement Proiect CONTRACT COUNTY OF SANTA CRUZ Q- This contract is entered into thid- day o*&l,20&, by and between the COUNTY OF SANTA CRUZ, hereinafter called COUNTY, and BRUCE DANEL KOEHLER hereinafter called SELLERS. The parties mutually agree as follows: 1. The parties herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for this transaction. 2. SELLERS agree to execute and deliver documents in the form of a Grant Deed and a Form W-9 (Request for Taxpayer dentification Number and Certification) covering the property located at 3245 Gross Road in the COUNTY, more particularly described in Exhibit "A", attached hereto and made a part hereof. Said documents will be delivered to SCOTT LOCHNGER, Chief Agent, Real Property Division of the COUNTY, State of California. 3. The COUNTY shall: (A) Pay the undersiped grantor(s) the sum of $3,100.00 for the property or interest therein (including all improvements existing thereon unless removal is specifically authorized hereinafter in this Contract) as conveyed by Grant Deed within thirty (30) days after date title to said property vests in the COUNTY free and clear of all liens, encumbrances, assessments, easements and leases (recorded and/or unrecorded), taxes, penalties, and bonds except: 1. Covenants, conditions restrictions and reservations of record, if any, 2. Easements or rights of way over said land for utility or street purposes, if any. (B) Pay all escrow and recording fees incurred in this transaction, and if Title nsurance is required by the COUNTY, the premium charge therefor, except that the payment of any reconveyance fees, trustee's fee, or forwarding fees for any full reconveyance of deed of trust or full release of mortgage shall be the responsibility of the SELLERS. This transaction will be handled through an internal escrow by the COUNTY, Department of Public Works, Real Property Division, 701 Ocean Street, Rm 410, Santa Cruz, CA 95060.) 4. SELLERS agree to indemnify, defend, and hold harmless the COUNTY from and against any claim, action, suit, proceeding, loss, cost, damage, deficiency, fine, penalty, liability, or expense (including without limitation, attorney's fees), arising out of any ofthe following matters in, on, or about the Property occurring during SELLERS ownership of the Property: (A) The release, use generation, discharge, storage, disposal, or transportation of any Hazardous Materials, or
*- - - (B) The v: tion of any statute, ordinance, order, n regulation, permit, judgement, or license relating to the release, use generation, discharge, storage, disposal, or transportation of any Hazardous Materials. The term "Hazardous Materials" shall mean any substance, material, or waste which is regulated by any governmental authority, including, but not limited to, any material or substance which is defined as a "hazardous substance", "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" in the California Health and Safety Code. The purchase of the Property shall not be construed as limiting SELLER'S responsibility and/or the COUNTY'S rights concerning hazardous materials discovered before or after purchase of the Property. 5. t is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the COUNTY, its contractors and/or authorized agents have the right to enter upon the SELLERS property in the vicinity of the land described in the attached Exhibit "A", as necessary, to construct the improvements for which the purpose of the deed is being granted. t is understood and agreed that the premises will be left in a clean and orderly condition. As of the inspection date, any existing improvements located within this right-of-entry area, exclusive of any fee or permanent easement areas and not including those improvements already compensated for as specified in the appraisal, that may have been disturbed or removed during the course of the project construction work will be restored or replaced in kind. The right of entry will terminate at the completion of the project or on December 3 1, 2005, whichever occurs first. 6. t is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the Subject Property by the COUNTY including the right to remove and dispose of improvements, shall commence on the date the COUNTY delivers said total amount shown in Clause 3(A) to the SELLERS OR deposits said amount into escrow, and that the amount shown in Clause 3(A) herein includes, but is not limited to, full payment for such possession, use, and interest from said date. 7. On the day title of said property vests in the name of the COUNTY, the condition of the property, including the existence or nonexistence of improvements, will be the same as the condition of the property on the inspection date, February 3,2004. 8. SELLERS warrant that there are no oral or written leases on any portion of the real property described in Exhibit "A" exceeding a period of one month, and SELLERS further agree to hold harmless and reimburse the COUNTY for any and all losses or expenses resulting or arising from any lease on the property exceeding a period of one month. 9. This CONTRACT is subject to the approval of the Santa Cruz County Board of Supervisors and does not bind COUNTY until such time as Board approval and consent has been received in writing and as required by law. 10. The provisions of this agreement shall inure to the benefit of and bind the respective successors, heirs, and assigns of the parties hereto.
WTNESS WHEREOF, the COUNTY has caused this contract to be duly executed as of the lea day of,2001-1; and SELLERS have executed this agreement as of the 2* day of %;L ' 20K. -> RECOMMENDED FOR APPROVAL * By: (&-4Mfld\& Y - SCOTT LOCHNGER Bruce Daniel Koehler Chief, Real Property Division APPROVED AS TO FORM: Assistant Count$ dounsel COUNTY A \ By: THOMA~AOLCH Director of Public Works (SELLERS)
KOEHLER APN 031-031-18 Situate in the County of Santa Cruz, State of California, and described as follows: Being a portion of the land conveyed to Bruce Daniel Koehler by that deed recorded March 6, 199 1 in Volume 4800 of Official Records of Santa CUZ County at Page 783, and more particularly described as follows: PARCEL A Being a portion of said lands of Koehler, F d more particularly described as follo~vs: Being a strip of l&d 15.00 feet in width and 110.00 feet long, the eastern boundary of which is the western line of a 15.00 foot wide ri$t-of-way reserved for purposes of a roadway fiom the lands conveyed to George Chumside and Edith Churnside by deed recorded September 13,. 1945 in Volume 521 of Official Records of Santa Cruz County at page 358, said eastern boundary and said western line of said 15.00 foot wide risht-of-way also being the centerline of Gross Road. Containing 1,650 square feet, more or less. PARCEL B Being an easement for sidewalk, utility and sign purposes over a portion of said lands of Koehler, and,rnore particularly described as follows: Beginning at a point on the western boundary of the above described Parcel A from which point the southwestem comer of said Parcel A bears South 9 41 West along the western boundary of said Parcel A 24.00 feet distant; thence from said point of be$nning, North 9 41 East along the westem boundary of said Parcel A 21.OO feet; thence leaving said western boundary, North 80 19 West 2.50 feet; thence South 9 41 West 21.00 feet; thence South 80 19 East 2.50 feet to the point ofbeginning. Containing 53 square feet, more or less.
n h PARCEL C Being an easement for sidewalk, utility and sign purposes over a portion of said lands of Koehler, and more particularly described as follows: Beginning at the northwestern comer of the above described Parcel A ; thence from said point of beginning, South 9 41 West along the western boundary of said Parcel A 14.00 feet; thence leaving said western boundary, northwesterly on a 9.00 foot radius curve to the left from a tangent bearing of North 9 41 East, through a central angle of 62 44 47 an arc distance of 9.86 feet; thence North 9 41 East 4.91 feet to a point on the northern boundary of said lands of Koehler; thence North 87 04 East along said northern boundary 5.00 feet to the point of beginning. Containing 38 square feet, more or less.
RGHT OF ENTRY Property No. 4 APN: 03 1-04 1-49 County of Santa Cruz Public Works Department 701 Ocean Street Santa Cruz, California 95060 2b O Date: c Project: GROSS RD MPROVEMENT PROJECT COFFEE LANE TO CAPTOLA LMTS Gentlemen: Permission is hereby granted to the County of Santa Cruz, its contractors and/or authorized agents, to enter and bring the necessary workmen, tools and equipment onto the property of the undersigned, where necessary, for the purpose of conforming a portion of the Grantor's property to the new sidewalk grade, as shown on the attached plan. The County of Santa Cruz shall pay the undersigned grantor the sum of $250.00 for the right of entry herein granted. t is understood and agreed that the County shall have the right to trim any vegetation as necessary to construct the improvements, but that the premises will be left in a clean and orderly condition and that any existing improvements located on the Grantor's property that may have been disturbed or removed during the course of the work will be restored or replaced in kind. t is further understood and agreed that permission to perform the acts stated herein shall remain in force and effect only until the completion of construction or December 31, 2005 whichever comes first, and that all rights hereunder shall cease when said work has been completed. RECOMMENDED FOR APPROVAL: &L;mL Real Property Agent LARRY PHLLPS U ACCEPTED: Dirkctoryf Public Works Property Address: 3256 Gross Road Santa Cruz, CA 95062
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... RGHT OF ENTRY Property No. 5 APN: 031-041-48 County of Santa Cmz Public Works Department 70 1 Ocean Street Santa Cruz, California 95060 PROJECT COFFEE LANE TO CAPTOLA LMTS Gentlemen: Permission is hereby granted to the County of Santa Cruz, its contractors and/or authorized agents, to enter and bring the necessary workmen, tools and equipment onto the property of the undersigned, where necessary, for the purpose of conforming a portion of the Grantor's property to the new sidewalk grade, as shown on the attached plan. The County of Santa Cruz shall pay the undersigned grantor the sum of $250.00 for the right of entry herein granted. t is understood and agreed that the County shall have the right to trim any vegetation as necessary to construct the improvements, but that the premises will be left in a clean and orderly condition and that any existing improvements located on the Grantor's property that may have been disturbed or removed during the course of the work will be restored or replaced in kind. t is further understood and agreed that permission to perform the acts stated herein shall remain in force and effect only until the completion of construction or December 3 1, 2005 whichever comes first, and that all rights hereunder shall cease when said work has been completed. RECOMMENDED FOR APPROVAL: Real Property Agknt ACCEPTED: County of Santa Cruz f Property Address: 3260 Gross Road Santa Cmz, CA 95062 DirLctMf Public Works
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RGHT OF ENTRY Property No. 6 APN: 03 1-03 1-36 County of Santa Cruz Public Works Department 701 Ocean Street Santa Cmz, California 95060 q- 2.0 - o y Date: Project: GROSS RD MPROVEMENT PROJECT COFFEE LANE TO CAPTOLA LMTS Gentlemen: Permission is hereby granted to the County of Santa Cruz, its contractors andor authorized agents, to enter and bring the necessary workmen, tools and equipment onto the property of the undersigned, where necessary, for the purpose of conforming a portion of the Grantor's property as shown on the attached plan. The County of Santa Cruz shall pay the undersigned grantor the sum of $250.00 for the right of entry herein granted. t is understood and agreed that the County shall have the right to trim any vegetation as necessary to construct the improvements, but that the premises will be left in a clean and orderly condition and that any existing improvements located on the Grantor's property that may have been disturbed or removed during the course of the work will be restored or redaced in kind. t is further understood and agreed that permission to perform the acts stated herein shall remain in force and effect only until the completion of construction or December 31, 2005 whichever comes first, and that all rights hereunder shall cease when said work has been completed. RECOMMENDED FOR APPROVAL: Real Proper,$ Agent ACCEPTED: County of Santa Cruz Direc'tor\GYPublic Works ETHAN HA", Trustee Grantor(s) Property Address: 33 11 Gross Road Santa Cmz, CA 95062 / A&
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.-. Property NO.:^ John J. Silva, Trustee Sara T. Silva, Trustee (Sellers) APN: 031-041 -54 Project: Gross Road mdrovement Pro-i ect CONTRACT COUNTY OF SANTA CRUZ This contract is entered into this a%ay of Mdc+i, 20OL1, by and between the COUNTY OF SANTA CRUZ, hereinafter called COUNTY, and JOHN J. SLVA and SARA T. SLVA, TRUSTEES of the John J. Silva and Sara T. Silva Family Trust hereinafter called SELLERS. The parties mutually agree as follows: 1. The parties herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for this transaction. 2. SELLERS agree to execute and deliver documents in the form of a Grant Deed and a Form W-9 (Request for Taxpayer dentification Number and Certification) covering the property located at 3420 Gross Road in the COUNTY, more particularly described in Exhibit "A", attached hereto and made a part hereof. Said documents will be delivered to SCOTT LOCHNGER, Chief Agent, Real Property Division of the COUNTY, State of California. 3. The COUNTY shall: ' (A) Pay the undersigned grantor(s) the sum of $4,850.00 for the property or interest therein (including all improvements existing thereon unless removal is specifically authorized hereinafter in this Contract) as conveyed by Grant Deed within thirty (30) days after date title to said property vests in the COUNTY free and clear of all liens, encumbrances, assessments, easements and leases (recorded and/or unrecorded), taxes, penalties, and bonds except: 1. Covenants, conditions restrictions and reservations of record, if any, 2. Easements or rights of way over said land for utility or street purposes, if any. (B) Pay all escrow and recording fees incurred in this transaction, and if Title nsurance is required by the COUNTY, the premium charge therefor, except that the payment of any reconveyance fees, trustee's fee, or forwarding fees for any full reconveyance of deed of trust or full release of mortgage shall be the responsibility of the SELLERS. This transaction will be handled through an internal escrow by the COUNTY, Department of Public Works, Real Property Division, 701 Ocean Street, Rm 410, Santa Cruz, CA 95060.) 4. SELLERS agree to indemnify, defend, and hold harmless the COUNTY from and against any claim, action, suit, proceeding, loss, cost, damage, deficiency, fine, penalty, liability, or expense (including without limitation, attorney's fees), arising out of any of the following matters in, on, or about the Property occurring during SELLERS ownership of the Property:
(A) The re. any Hazardous Materials, or h -. ie, use generation, discharge, storage, L?osal, or transportation of (B) The violation of any statute, ordinance, order, rule, regulation, permit, judgement, or license relating to the release, use generation, discharge, storage, disposal, or transportation of any Hazardous Materials. The term "Hazardous Materials" shall mean any substance, material, or waste which is regulated by any governmental authority, including, but not limited to, any material or substance which is defined as a "hazardous substance", "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" in the California Health and Safety Code. The purchase of the Property shall not be construed as limiting SELLER'S responsibility and/or the COUNTY'S rights concerning hazardous materials discovered before or after purchase of the Property. 5. t is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the COUNTY, its contractors andor authorized agents have the right to enter upon the SELLERS property in the vicinity of the land described in the attached Exhibit "A", as necessary, to construct the improvements for which the purpose of the deed is being granted. t is understood and agreed that the premises will be left in a clean and orderly condition. As of the inspection date, any existing improvements located within this right-of-entry area, exclusive of any fee or permanent easement areas and not including those improvements already compensated for as specified in the appraisal, that may have been disturbed or removed during the course of the project construction work will be restored or replaced in kind. The right of entry will terminate at the completion of the project or on December 31.2005, whichever occurs first. 6. t is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the Subject Property by the COUNTY including the right to remove and dispose of improvements, shall commence on the date the COUNTY delivers said total amount shown in Clause 3(A) to the SELLERS OR deposits said amount into escrow, and that the amount shown in Clause 3(A) herein includes, but is not limited to, full payment for such possession, use, and interest from said date. 7. On the day title of said property vests in the name of the COUNTY, the condition of the property, including the existence or nonexistence of improvements, will be the same as the condition of the property on the inspection date, February 4, 2004. 8. SELLERS warrant that there are no oral or written leases on any portion of the real property described in Exhibit "A" exceeding a period of one month, and SELLERS further agree to hold harmless and reimburse the COUNTY for any and all losses or expenses resulting or arising from any lease on the property exceeding a period of one month. 9. This CONTRACT is subject to the approval of the Santa Cruz County Board of Supervisors and does not bind COUNTY until such time as Board approval and consent has been received in writing and as required by law. 10. The provisions of this agreement shall inure to the benefit of and bind the respective successors, heirs, and assigns of the parties hereto.
N WTNESS WHEREOF, the COUNTY has caused this contract to be duly executed as,20+; and SELLERS have executed this agreement as of the of the \@ day of 7!&day of /JA.m A*',20&. RECOMMENDED FOR APPROVAL By : SCOTT LOCHNGER Chief, Real Property Division APPROVED AS TO FORM: Sara T. Silva, Trustee Assistant County Counsel COUNTY c By: THO~M. BOLCH Director of Public Works (SELLERS)
EXEBBT ccan SLVA APN 03 1-041 -54 Situate in the County of Santa Cruz, State of California, and described as follows: Being a portion of Parcel B as shown on the map filed September 13, 1976 in Volume 22 of Parcel Maps at Page 55, Santa Cruz County Records, and more particularly described as follows: Being a portion of said Parcel B, and more particularly described as follows: Beginning at the start of a 20.00 foot radius curve to the right on the western boundary of said Parcel B; thence from said point of beginning, northeasterly on a 45.00 foot. radius curve to the right from a tangent bearing of North 40 27 45 East, through a central angle of 40 44 37 an arc distance of 32.00 feet; thence North 0 07 West 1.38 feet to a point on the northern boundary of said Parcel B; thence South 89 53 West along the northern boundary of said Parcel B 7.68 feet; thence southwesterly along a tangent curve to the left with a radius of 20.00 feet, through a central angle of 80 12 an arc distance of 28.00 feet to the point of beginning. Containing 107 square feet, more or less.
4 Property No.: 10 John Leopold Teresa Buika Leopold (Sellers) APN: 031-01 1-16 Project: Gross Road mprovement Project CONTRACT COUNTY OF SANTA CRUZ i?3. This contract is entered into this@ day of tyw~,20a, by and between the COUNTY OF SANTA CRUZ, hereinafter called COUNTY, and JOHN LEOPOLD and TERESA BUKA LEOPOLD hereinafter called SELLERS. The parties mutually agree as follows: 1. The parties herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for this transaction. 2. SELLERS agree to execute and deliver documents in the form of an Easement Deed and a Form W-9 (Request for Taxpayer dentification Number and Certification) covering the property located at 3435 Gross Road in the COUNTY, more particularly described in Exhibit "A", attached hereto and made a part hereof. Said documents will be delivered to SCOTT LOCHNGER,'Chief Agent, Real Property Division of the COUNTY, State of California. 3. The COUNTY shall: (A) Pay the undersigned grantor(s) the sum of $15,950.00 for the property or interest therein (including all improvements existing thereon unless removal is specifically authorized hereinafter in this Contract) as conveyed by Easement Deed within thirty (30) days after date title to said property vests in the COUNTY free and clear of all liens, encumbrances, assessments, easements and leases (recorded andor unrecorded), taxes, penalties, and bonds except: 1. Covenants, conditions restrictions and reservations of record, if any, 2. Easements or rights of way over said land for utility or street purposes, if any. (B) Pay all escrow and recording fees incurred in this transaction, and if Title nsurance is required by the COUNTY, the premium charge therefor, except that the payment of any reconveyance fees, trustee's fee, or forwarding fees for any full reconveyance of deed of trust or full release of mortgage shall be the responsibility of the SELLERS. This transaction wiil be handled through an escrow with Santa Cruz Title Company, 201 River Street, Santa Cruz, CA, their escrow No. 9520246. 4. SELLERS agree to indemnify, defend, and hold harmless the COUNTY from and against any claim, action, suit, proceeding, loss, cost, damage, deficiency, fine, penalty, liability, or expense (including without limitation, attorney's fees), arising out of any of the following matters in, on, or about the Property occuning during SELLERS ownership of the Property: (A) The release, use generation, discharge, storage, disposal, or transportation of any Hazardous Materials, or (B) The violation of any statute, ordinance, order, rule, regulation, permit, judgement, or
- ~~ ~~ license relating to the release, use L :ration, discharge, storage, disposal, 01 asportation of any Hazardous Materials. - The term "Hazardous Materials" shall mean any substance, material, or waste which is regulated by any governmental authority, including, but not limited to, any material or substance which is defined as a "hazardous substance", "hazardous waste", "extremely hazardous waste", or "restricted hazardous, waste" in the California Health and Safety Code. The purchase of the Property shall not be construed as limiting SELLER'S responsibility and/or the COUNTY'S rights concerning hazardous materials discovered before or after purchase of the Property. 5. t is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the COUNTY, its contractors and/or authorized agents have the right to enter upon the SELLERS property in the vicinity of the land described in the attached Exhibit "A", as necessary, to construct the improvements for which the purpose of the deed is being granted. t is understood and agreed that the premises will be left in a clean and orderly condition. As of the inspection date, any existing improvements located within this right-of-entry area, exclusive of any fee or permanent easement areas and not including those improvements already compensated for as specified in the appraisal, that may have been disturbed or removed during the course of the project construction work will be restored or replaced in kind. The right of entry will terminate at the completion of the project or on December 31, 2005, whichever occurs first. 6. t is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the Subject Property by the COUNTY including the right to remove and dispose of improvements, shall commence on the date the COUNTY delivers said total amount shown in Clause 3(A) to the SELLERS or deposits said amount into escrow, and that the amount shown in Clause 3(A) herein includes, but is not limited to, full payment for such possession, use, and interest from said date. 7. SELLERS warrant that there are no oral or written leases on any portion of the real property described in Exhibit "A" exceeding a period of one month, and SELLERS further agree to hold harmless and reimburse the COUNTY for any and all losses or expenses resulting or arising from any lease on the property exceeding a period of one month. 8. On the day title of said property vests in the name of the COUNTY, the condition of the property, including the existence or nonexistence of improvements, will be the same as the condition of the property on the inspection date of February 4.2004. 9. This CONTRACT is subject to the approval of the Santa Cruz County Board of Supervisors and does not bind County until such time as Board approval and consent has been received in writing and as required by law. 10. The provisions of this agreement shall inure to the benefit of and bind the respective successors, heirs, and assigns of the parties hereto.
A,,, N WTNESS WHEREOF, the County has caused this contract to be duly executed as of the (@ day of M,203; and SELLERS have executed this agreement as of the 2L% day of.l7 2oQQ. RECOMMENDED FOR APPROVAL By: SCOTT LOCHNGER Chief, Real Property Division APPROVE AS TO FORM: s//r/;/o3 By: PAMELA FY)h ' ' Assistant County Counsel COUNTY Director of Public Works (SELLERS)
EXHBT A x LEOPOLD APN 031-011-16 Situate in the County of Santa Cruz, State of California, and described as follows: Being a portion of the land conveyed to John Leopold and Teresa Buika Leopold by that deed recorded June 12, 1992 in Volume 5052 of Official Records of Santa Cruz County at Page 324, and more particularly described as follows: Being an easement for sidewalk, utility and sign purposes over a portion of said lands of Leopold, and more particularly described as follows: Beginning at the southwestern comer of said lands of Leopold on the northern line of Gross Road; thence from said point of beginning, North 89 53 East along the northern line of Gross Road 70.00 feet to the southeastern comer of said lands of Leopold; thence Northerly along the eastern boundary of said lands of Leopold 4.50 feet; thence leaving said eastem boundary, North 61 03 43 West 5.15 feet; thence South 89 53 West 19.00 feet; thence South 63 50 11 West 5.69 feet; thence South 89 53 West 41.00 feet to a point on the western boundary of said lands of Leopold; thence South 4 49 West along said western boundary 4.52 feet to the point of beginning. Containing 374 square feet, more or less. Y
n RGHT OF ENTRY Property No. 11 APN: 03 1-041 -66 County of Santa Cruz Public Works Department 701 Ocean Street Santa Cruz, California 95060 Date: q 24 07 4 Project: GROSS RD MPROVEMENT PROJECT COFFEE LANE TO CAPTOLA LMTS Gentlemen: Permission is hereby granted to the County of Santa Cruz, its contractors and/or authorized agents, to enter and bring the necessary workmen, tools and equipment onto the property of the undersigned, where necessary, for the purpose of conforming a portion of the Grantor's property as shown on the attached plan. The County of Santa Cruz shall pay the undersigned grantor the sum of $250.00 for the right of entry herein granted. t is understood and agreed that the County shall have the right to trim any vegetation as necessary to construct the improvements, but that the premises will be left in a clean and orderly condition and that any existing improvements located on the Grantor's property that may have been disturbed or removed during the course of the work will be restored or replaced in kind. t is further understood and agreed that permission to perform the acts stated herein shall remain in force and effect only until the completion of construction or December 31,2005 whichever comes first, and that all rights hereunder shall cease when said work has been completed. RECOMMENDED FOR APPROVAL: BRAN EDWARDS Real Property Agent ACCEPTED: County of Santa Cruz JAhET EDWARD% Grantor(s) Property Address: 3430 Gross Road Santa Cruz, CA 95062 Directoyof Public Works D:\WPWGROSSROAD\nentry.wpd
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Property No.:= Andrietta Valerie Hunter (Sellers) APN: 031-011-17 Project: Gross Road mprovement Proiect CONTRACT COUNTY OF SANTA CRUZ This contract is entered into this $day SANTA CRUZ, hereinafter called COUNTY, and ANDRETTA VALERE HUNTER hereinafter called SELLERS. The parties mutually agree as follows: of dp~ti, 2004, by and between the COUNTY OF 1. The parties herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for this transaction. 2. SELLERS agree to execute and deliver documents in the form of a Grant Deed and a Form W-9 (Request for Taxpayer dentification Number and Certification) covering the property located at 2205 S. Rodeo Gulch Road in the COUNTY, more particularly described in Exhibit "A", attached hereto and made a part hereof. Said documents will be delivered to SCOTT LOCHNGER, Chief Agent, Real Property Division of the COUNTY, State of California. 3. The COUNTY shall: (A) Pay the undersigned grantor(s) the sum of $15,150.00 for the property or interest therein (including all improvements existing thereon unless removal is specifically authorized hereinafter in this Contract) as conveyed by Grant Deed within thirty (30) days after date title to said property vests in the COUNTY free and clear of all liens, encumbrances, assessments, easements and leases (recorded and/or unrecorded), taxes, penalties, and bonds except: 1. Covenants, conditions restrictions and reservations of record, if any, 2. Easements or rights of way over said land for utility or street purposes, if any. (B) Pay all escrow and recording fees incurred in this transaction, and if Title nsurance is required by the COUNTY, the premium charge therefor, except that the payment of any reconveyance fees, trustee's fee, or forwarding fees for any full reconveyance of deed of trust or full release of mortgage shall be the responsibility of the SELLERS. This transaction will be handled through an escrow with Santa Cruz Title Company, 201 River Street, Santa Cruz, CA, their escrow No. 9520247. 4. SELLERS agree to indemnify, defend, and hold harmless the COUNTY from and against any claim, action, suit, proceeding, loss, cost, damage, deficiency, fine, penalty, liability, or expense (including without limitation, attorney's fees), arising out of any of the following matters in, on, or about the Property occurring during SELLERS ownership of the Property: (A) The release, use generation, discharge, storage, disposal, or transportation of any Hazardous Materials, or
h - (B) The \ ition of any statute, ordinance, order, rl, regulation, permit, judgement, or license relating to the release, use generation, discharge, storage, disposal, or transportation of any Hazardous Materials... The term "Hazardous Materials" shall mean any substance, material, or waste which is regulated by any governmental authority, including, but not limited to, ariy material or substance which is defined as a "hazardous substance", "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" in the California Health and Safety Code. The purchase of the Property shall not be construed as limiting SELLERS responsibility and/or the COUNTY'S rights concerning hazardous materials discovered before or after purchase of the Property. 5. t is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the COUNTY, its contractors andor authorized agents have the right to enter upon the SELLERS property in the vicinity of the land described in the attached Exhibit "A", as necessary, to construct the improvements for which the purpose of the deed is being granted. t is understood and agreed that the premises will be left in a clean and orderly condition. As of the inspection date, any existing improvements located within this right-of-entry area, exclusive of any fee or permanent easement areas and not including those improvements already compensated for as specified in the appraisal, that may have been disturbed or removed during the course of the project construction work will be restored or replaced in kind. The right of entry will terminate at the completion of the project or on December 3 1, 2005, whichever occurs first. 6. t is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the Subject Property by the COUNTY including the right to remove and dispose of improvements, shall corbence on the date the COUNTY delivers said total amount shown in Clause 3(A) to the SELLERS OR deposits said amount into escrow, and that the amount shown in Clause 3(A) herein includes, but is not limited to, full payment for such possession, use, and interest from said date. 7. On the day title of said property vests in the name of the COUNTY, the condition of the property, including the existence or nonexistence of improvements, will be the same as the condition of the property on the inspection date, February 4, 2004. 8. SELLERS warrant that there are no oral or written leases on any portion of the real property described in Exhibit "A" exceeding a period of one month, and SELLERS further agree to hold harmless and reimburse the COUNTY for any and all losses or expenses resulting or arising from any lease on the property exceeding a period of one month. 9. This CONTRACT is subject to the approval of the Santa CrUz County Board of Supervisors and does not bind COUNTY until such time as Board approval and consent has been recgived in writing and as required by law. 10. The provisions of this agreement shall inure to the benefit of and bind the respective successors, heirs, and assigns of the parties hereto.
the N WTNESS WHEREOF, the COUNTY has caused this contract to be duly executed as of 44- day of /tz W.,20&; and SELLERS have executed this agreement as of the Sz day of,2003. RECOMMENDED FOR APPROVAL SCOTT LOC#NGER Chief, Real Property Division Andrietta Valerie Hunter \ APPROVED AS TO FORM: Assistant Cou'nfy Counsel COUNTY t Director of Public Works (SELLERS)
HUNTER APN 031-011-17 Situate in the County of Santa Cruz, State of California, and described as follows: Being a portion of the land conveyed to Andrietta Valerie Hunter by that deed recorded September 26, 1984 in Volume 3761 of Official Records of Santa Cruz County at Page 347, and more particularly described as follows: PARCEL A Being a portion of said lands of Hunter, and more particularly described as follows: Beginning at the southeast comer of said lands of Hunter, said comer also being the northwest comer of the intersection of Gross Road with South Rodeo Gulch Road; thence from said point of beginning, South 89 53 West along the northern line of Gross Road 10.00 feet; thence leaving said northern line, northeasterly on a 16.00 foot radius curve to the left from a tangent bearing of North 89 53 East, through a central angle of 38 40 56 an arc distance of 10.80 feet to a point on the eastern boundary of said lands of Hunter, said eastern boundary also being the western line of South Rodeo Gulch Road; thence South 0 07 East along said eastern boundary 3.5 1 feet to the point of beginning. Containing 12 square feet, more or less. PARCEL B V Being an easement for sidewalk, utility and sign purposes over a portion of said lands of Hunter, and more particularly described as follows: Beginning at the southwest comer of said lands of Hunter on the northern line of Gross Road; thence from said point of beginning, North 89 53 East along the northern line of Gross Road 100.00 feet; thence leaving said northern line, northeasterly on a 16.00 foot radius curve to the left from a tangent bearing of North 89 53 East, through a central angle of 38 40 56 an arc distance of 10.80 feet to a point on the eastem boundary of said lands of Hunter, said eastem boundary also being the western line of South Rodeo Gulch Road; thence North 0 07 West along said eastern boundary 8.56 feet; thence leaving said eastern boundary, southwesterly on a 10.00 foot radius curve to the ri&t from a tangent bearing of South 13 57 12 West, through a central angle of 75 55 48 an arc distance of 13.25 feet; thence South 89 53 West 100.30 feet to a point on the western boundary of said lands of Hunter; thence South 0 07 East along said western boundary 4.50 feet to the point of beginning. Containing 503 square feet, more or less
RGHT OF ENTRY Property No. 13 APN: 03 1-04 1-65 County of Santa Cruz Public Works Department 70 1 Ocean Street Santa Cruz, California 95060 Gentlemen: Date: COmE LANE TO CAPTOLA LMTS Permission is hereby granted to the County of Santa Cruz, its contractors and/or authorized agents, to enter and bring the necessary workmen, tools and equipment onto the property of the undersigned, where necessary, for the purpose of conforming a portion of the Grantor's property as shown on the attached plan. The County of Santa Cruz shall pay the undersigned grantor the sum of $250.00 for the right of entry herein granted. t is understood and agreed that the County shall have the right to trim any vegetation as necessary to construct the improvements, but that the premises will be left in a clean and orderly condition and that any existing improvements located on the Grantor's property that may have been disturbed or removed during the course of the work will be restored or replaced in kind. t is further-understood and agreed that permission to perform the acts stated herein shall remain in force and effect only until the completion of construction or December 3 1, 2005 whichever comes first, and that all rights hereunder shall cease when said work has been completed. RECOMMENDED FOR APPROVAL: LLwf - Real Property Agent ACCEPTED: County of Santa Cqz ROBERT UFUNG ANNAURLNG Grantor(s) Property Address: 3438 Gross Road Santa Cruz, CA 95062 Didctozf Public Works
r RGHT OF ENTRY Property No. 14 APN: 031-041-61 County of Santa Cruz Public Works Department 70 1 Ocean Street Santa Cruz, California 95060 Date: qbskb Project: R SS RD MPROVEMENT PROJECT COFFEE LANE TO CAPTOLA LMTS Gentlemen: Permission is hereby granted to the County of Santa Cruz, its contractors andor authorized agents, to enter and bring the necessary workmen, tools and equipment onto the property of the undersigned, where necessary, for the purpose of conforming a portion of the Grantor s property as shown on the attached plan. The County of Santa Cruz shall pay the undersigned grantor the sum of $250.00 for the right of entry herein granted. t is understood and agreed that the County shall have the right to trim any vegetation as necessary to construct the improvements, but that the premises will be left in a clean and orderly condition and that any existing improvements located on the Grantor s property that may have been disturbed or removed during the course of the work will be restored or replaced in kind. t is further understood and agreed that permission to perform the acts stated herein shall remain in force and effect only until the completion of construction or December 3 1, 2005 whichever comes first, and that all rights hereunder shall cease when said work has been completed. RECOMMENDED FOR APPROVAL: LqM- Real Property Agent AMATA SOS SOPHORNPAT Grantor(s) ACCEPTED: Property Address: 3440 Gross Road Santa Cruz, CA 95062 Dirgctor iff Public Works D:\\\ \V\CROSSROADLtentry.wpd
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Property No.: 17 Deanna S. Morden (Sellers) APN: 031-021-18 Project: Gross Road mprovement Pro-iect CONTRACT COUNTY OF SANTA CRUZ This contract is entered into this $day of A,&L,20a, by and between the COUNTY OF SANTA CRUZ, hereinafter called COUNTY, and DEANNA S. MORDEN hereinafter called SELLERS. The parties mutually agree as follows: 1. The parties herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for this transaction. 2. SELLERS agree to execute and deliver documents in the form of an Easement Deed and a Form W-9 (Request for Taxpayer dentification Number and Certification) covering the property located at 2220 South Rodeo Gulch Road in the COUNTY, more particularly described in Exhibit "A", attached hereto and made a part hereof. Said documents will be delivered to SCOTT LOCHNGER, Chief Agent, Real Property Division of the COUNTY, State of California. 3. The COUNTY shall: (A) Pay the undersigned grantor(s) the sum of $5,400.00 for the property or interest therein (including all improvements existing thereon unless removal is specifically authorized hereinafter in this Contract) as conveyed by Easement Deed within thirty (30) days after date title to said property vests in the COUNTY free and clear of all liens, encumbrances, assessments, easements and leases (recorded andor unrecorded), taxes, penalties, and bonds except: 1. Covenants, conditions restrictions and reservations of record, if any, 2. Easements or rights of way over said land for utility or street purposes, if any. (B) Pay all escrow and recording fees incurred in this transaction, and if Title nsurance is required by the COUNTY, the premium charge therefor, except that the payment of any reconveyance fees, trustee's fee, or forwarding fees for any full reconveyance of deed of trust or full release of mortgage shall be the responsibility of the SELLERS. This transaction will be handled through an escrow with Santa Cruz Title Company, 201 River Street, Santa Cruz, CA, their escrow No. 9520244. 4. SELLERS agree to indemnify, defend, and hold harmless the COUNTY from and against any claim, action, suit, proceeding, loss, cost, damage, deficiency, fine, penalty, liability, or expense (including. without limitation, attorney's fees), arising out of any of the following matters in, on, or about the Property occumng during SELLERS ownership of the Property: (A) The release, use generation, discharge, storage, disposal, or transportation of any Hazardous Materials, or (B) The violation of any statute, ordinance, order, rule, regulation, permit, judgement, or D\WWCROSSROAD\CONTRACT.u.pd
license relating to the release, use generation, discharge, storage, disposal, or uansportation of any Hazardous Materials. The tefm "Hazardous Materials" shall mean any substance, material, or waste which is regulated by any governmental authority, including, but not limited to, any material or substance which is defined as a "hazardous Substance", "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" in the California Health and Safety Code. The purchase of the Property shall not be construed as limiting SELLER'S responsibility andor the COUNTY'S rights concerning hazardous materials discovered before or after purchase of the Property. 5. t is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the COUNTY, its contractors andor authorized agents have the right to enter upon the SELLERS property in the vicinity of the land described in the attached Exhibit "A", as necessary, to construct the improvements for which the purpose of the deed is being granted. t is understood and agreed that the premises will be left in a clean and orderly condition. As of the inspection date, any existing improvements located within this right-of-entry area, exclusive of any fee or permanent easement areas and not including those improvements already compensated for as specified in the appraisal, that may have been disturbed or removed during the course of the project construction work will be restored or replaced in kind. The right of entry will terminate at the completion of the project or on December 3 1. 2005, whichever occurs first. 6. t is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the Subject Property by the COUNTY including the right to remove and dispose of improvements, shall commence on the date the COUNTY delivers said total amount shown in Clause 3(A) to the SELLERS or deposits said amount into escrow, and that the amount shown in Clause 3(A) herein includes, but is not limited to, full payment for such possession, use, and interest from said date. 7. SELLERS warrant that there are no oral or written leases on any portion of the real property described in Exhibit "A" exceeding a period of one month, and SELLERS further agree to hold harmless and reimburse the COUNTY for any and all losses or expenses resulting or arising from any lease on the property exceeding a period of one month. 8. On the day title of said property vests in the name of the COUNTY, the condition of the property, including the existence or nonexistence of improvements, will be the same as the condition of the property on the inspection date of February 5, 2004. 9. This CONTRACT is subject to the approval of the Santa Cruz County Board of Supervisors and does not bind County until such time as Board approval and consent has been received in writing and as required by law. 10. The provisions of this agreement shall inure to the benefit of and bind the respective successors, heirs, and assigns of the parties hereto.
,20 (Kt4- day of N WTNESS WHEREOF, the County has caused this contract to be duly executed as of the /v\ ~ 0.i ; and SELLERS have executed this agreement as of the day of BAL;&,20 oq. RECOMMENDED FOR APPROVAL GLx- By: v SCOTT LOCHNGER Chief, Real Property Division Deanna S. Morden APPROVED AS TO FORM: PAMELAFYA ' Assistant County Counsel COUNTY By: THO~A~OLCH ' Director of Public Works (SELLERS) D \H'P\MGROSSROAD\CONTRAC' wpd
MORDEN APN 031-021-18 Situate in the County of Santa Cruz, State of California, and described as follows: Being a portion of the land conveyed to Deanna S. Morden by that Order settling first and final account and report of executor and of final distribution recorded May 27, 1986 in Volume 3987 of Official Records of Santa Cruz County at Page 864 and more particularly described as follows: Being an easement for sidewalk, utility and s ig purposes over a portion of said lands of Morden, and more particularly described as follows: Beginning at the southwestern comer of said lands of Morden on the eastern line of South Rodeo Gulch Road; thence from said point of beginning, North O"07' West along the eastern line of South Rodeo Gulch Road 70.00 feet to the northwestern comer of said lands of Morden; thence North 89"53' East along the northern boundary of said lands of Morden 5.00 feet; thence leaving said northern boundary, South O"07' East 25.00 feet; thence South 3 l"53' 14" West 4.72 feet; thence South O"07' East 41.OO feet to a point on the southern boundary of said lands of Morden; thence South 89'53' West along said southern boundary 2.50 feet to the point of beginning. Containing 243 square feet, more or less. Y
Property No.: 18 Effie J. Machado (Sellers) APN: 03 1-021 -62 Project: Gross Road mprovement Project CONTRACT COUNTY OF SANTA CRUZ This contract is entered into this ad day of,2013', by and between the COUNTY OF SANTA CRUZ, hereinafter called COUNTY, and E FA?= J. MACHADO, a Married Woman as her sole and separate property hereinafter called SELLERS. The parties mutually agree as follows: 1. The parties herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for this transaction. 2. SELLERS agree to execute and deliver documents in the form of an Easement Deed and a Form W-9 (Request for Taxpayer dentification Number and Certification) covering the property located at 22120 South Rodeo Gulch Road in the COUNTY, more particularly described in Exhibit "A", attached hereto and made a part hereof. Said documents will be delivered to SCOTT LOCHNGER, Chief Agent, Real Property Division of the COUNTY, State of California. 3. The COUNTY shall: (A) Pay the undersigned grantor(s) the sum of $7,500.00 for the property or interest therein (including all improvements existing thereon unless removal is specifically authorized hereinafter in this Contract) as conveyed by Easement Deed within thirty (30) days after date title to said property vests in the COUNTY free and clear of all liens, encumbrances, assessments, easements and leases (recorded andor unrecorded), taxes, penalties, and bonds except: 1. Covenants, conditions restrictions and reservations of record, if any, 2. Easements or rights of way over said land for utility or street purposes, if any. (B) Pay all escrow and recording fees incurred in this transaction, and if Title nsurance is required by the COUNTY, the premium charge therefor, except that the payment of any reconveyance fees, trustee's fee, or forwarding fees for any full reconveyance of deed of trust or full release of mortgage shall be the responsibility of the SELLERS. This transaction will be handled through an escrow with Santa Cruz Title Company, 201 River Street, Santa Cruz, CA, their escrow No. 9520245. 4. SELLERS agree to indemnify, defend, and hold harmless the COUNTY from and against any claim, action, suit, proceeding, loss, cost, damage, deficiency, fine, penalty, liability, or expense (including without limitation, attorney's fees), arising out of any of the following matters in, on, or about the Property occumng during SELLERS ownership of the Property: (A) The release, use generation, discharge, storage, disposal, or transportation of any Hazardous Materials, or (B) The violation of any statute, ordinance, order, rule, regulation, pennit, judgement, or
license relating to the release, use generation, discharge, storage, disposal, or transportation of any Hazardous Materials. The term "Hazardous Materials" shall mean any substance, material, or waste which is regulated by any governmental authority, including, but not limited to, any material or substance which is defined as a "hazardous substance", "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" in the California Health and Safety Code. The purchase of the Property shall not be construed as limiting SELLER'S responsibility and/or the COUNTY'S rights concerning hazardous materials discovered before or after purchase of the Property. 5. t is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the COUNTY, its contractors and/or authorized agents have the right to enter upon the SELLERS property in the vicinity of the land described in the attached Exhibit "A", as necessary, to construct the improvements for which the purpose of the deed is being granted. t is understood and agreed that the premises will be left in a clean and orderly condition. As of the inspection date, any existing improvements located within this right-of-entry area, exclusive of any fee or permanent easement areas and not including those improvements already compensated for as specified in the appraisal, that may have been disturbed or removed during the course of the project construction work will be restored or replaced in kind. The right of entry will terminate at the completion of the project or on December 3 1. 2005, whichever occurs first. 6. t is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the Subject Property by the COUNTY including the right to remove and dispose of improvements, shall commence on the date the COUNTY delivers said total amount shown in Clause 3(A) to the SELLERS or deposits said amount into escrow, and that the amount shown in Clause 3(A) herein includes, but is not limited to, full payment for such possession, use, and interest from said date. 7. SELLERS warrant that there are no oral or written leases on any portion of the real property described in Exhibit "A" exceeding a period of one month, and SELLERS further agree to hold harmless and reimburse the COUNTY for any and all losses or expenses resulting or arising from any lease on the property exceeding a period of one month. 8. On the day title of said property vests in the name of the COUNTY, the condition of the property, including the existence or nonexistence of improvements, will be the same as the condition of the property on the inspection date of Februarv 5, 2004. 9. This CONTRACT is subject to the approval of the Santa Cruz County Board of Supervisors and does not bind County until such time as Board approval and consent has been received in writing and as required by law. 10. The provisions of this agreement shall inure to the benefit of and bind the respective successors, heirs, and assigns of the parties hereto.
WHEREOF, the County has caused this contract to be duly executed as of the -, 20 OLi ; and SELLERS have executed this agreement as of the *2& day RECOMMENDED FOR APPROVAL Chief, Real Property Division Effie J: Machdo APPROVED AS TO FORM: PAMELA FYFE Assistant County Counsel COUNTY By: THOMAS LWLCH ' Director of Public Works (SELLERS)
MACHADO APN 031-021-62 Situate in the County of Santa Cruz, State of California, and described as follows: Being a portion of the land conveyed to Effie J. Machado by that deed recorded January 23, 1979 in Volume 3013 of Official Records of Santa Cruz County at Page 534 and more particularly described as follows: PARCEL A Being an easement for sidewalk, utility and sign purposes over a portion of said lands of Machado, and more particularly described as follows: Beginning at the northwestern comer of said lands of Machado on the eastem line of South Rodeo Gulch Road; thence from said point of beginning, South 0 07 East along the eastern line of South Rodeo Gulch Road 37.50 feet to the beginning of a curve to the left; thence continuing on the eastern line of South Rodeo Gulch Road as condemned by the County of Santa Cruz by that deed recorded January 11, 1962 in Volume 1447 of Official Records of Santa Cruz County at Page 235, on a 30.00 foot radius curve to the left, through a central angle of 21 53 46 an arc distance of 11.46 feet; thence leaving said eastern line of South Rodeo Gulch Road, North 12 28 57 East 13.00 feet; thence North 0 07 West 36.00 feet to a point on the northern boundary of said lands of Machado; thence South 89 53 West along said northern boundary 5.00 feet to the point of beginning. Containing 2 18 square feet, more or less. PARCEL B Being an easement for sidewalk, utility and sign purposes over a portion of said lands of Machado, and more particularly described as follows: Beginning at the southeastern comer of said lands of Machado on the northern line of Gross Road as condemned by the County of Santa Cruz by that deed recorded January 1 1, 1962 in Volume 1447 of Official Records of Santa Cruz County at Page 235; thence from said point of beginning, South 89 53 West along the northern line of Gross Road 7.00 feet; thence leaving said northern line, North 0 07 West 3.00 feet; thence North 89 53 East 7.00 feet to a point on the eastern boundary of said lands of Machado; thence South 0 07 East along said eastem boundary 3.00 feet to the point of beginning. Containing 21 square feet, more or less.
Property No.: 20 Todd Morgen Sharon Morpen (Sellers) APN: 03 1-02 1-83 Project: Gross Road mprovement Project CONTRACT COUNTY OF SANTA CRUZ This contract is entered into thisz~ day of +L., 200L/, by and between the COUNTY OF SANTA CRUZ, hereinafter called COUNTY, and TODD MORGEN and SHARON MORGEN, husband and wife, as Joint Tenants hereinafter called SELLERS. The parties mutually agree as follows: 1. The parties herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for this transaction. 2. SELLERS agree to execute and deliver documents in the form of an Easement Deed and a Form W-9 (Request for Taxpayer dentification Number and Certification) covering the property located at 3517 Gross Road in the COUNTY, more particularly described in Exhibit "A", attached hereto and made a part hereof. Said documents will be delivered to SCOTT LOCHNGER, Chief Agent, Real Property Division of the COUNTY, State of California. 3. The COUNTY shall: (A) Pay the undersigned grantor(s) the sum of $2.850.00 for the property or interest therein (including all improvements existing thereon unless removal is specifically authorized hereinafter in this Contract) as conveyed by Easement Deed within thirty (30) days after date title to said property vests in the COUNTY free and clear of all liens, encumbrances, assessments, easements and leases (recorded andor unrecorded), taxes, penalties, and bonds except: 1. Covenants, conditions restrictions and reservations of record, if any, 2. Easements or rights of way over said land for utility or street purposes, if any. (B) Pay all escrow and recording fees incurred in this transaction, and if Title nsurance is required by the COUNTY, the premium charge therefor, except that the payment of any reconveyance fees, trustee's fee, or forwarding fees for any full reconveyance of deed of trust or full release of mortgage shall be the responsibility of the SELLERS. This transaction will be handled through an internal escrow by the COUNTY, Department of Public Works, Real Property Division, 701 Ocean Street, Rm 410, Santa Cruz, CA 95060. 4. SELLERS agree to indemnify, defend, and hold harmless the COUNTY from and against any claim, action, suit, proceeding, loss, cost, damage, deficiency, fine, penalty, liability, or expense (including without limitation, attorney's fees), arising out of any of the following matters in, on, or about the Property occurring during SELLERS ownership of the Property: (A) The release, use generation, discharge, storage, disposal, or transportation of any Hazardous Materials, or
h. -. (B) The violation of any statute, ordinance, order, rule, regulation, permit, judgement, or license relating to the release, use generation, discharge, storage, disposal, or transportation of any Hazardous Materials. The term "Hazardous Materials" shall mean any substance, material, or waste which is regulated by any governmental authority, including, but not limited to, any material or substance which is defined as a "hazardous substance", "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" in the California Health and Safety Code. The purchase of the Property shall not be construed as limiting SELLER'S responsibility and/or the COUNTY'S rights concerning hazardous materials discovered before or after purchase of the Property. 5. t is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the COUNTY, its contractors andor authorized agents have the right to enter upon the SELLERS property in the vicinity of the land described in the attached Exhibit "A", as necessary, to construct the improvements for which the purpose of the deed is being granted. t is understood and agreed that the premises will be left in a clean and orderly condition. As of the inspection date, any existing improvements located within this right-of-entry area, exclusive of any fee or permanent easement areas and not including those improvements already compensated for as specified in the appraisal, that may have been disturbed or removed during the course of the project construction work will be restored or replaced in kind. The right of entry will terminate at the completion of the project or on December 3 1. 2005, whichever occurs first. 6. t is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the Subject Property by the COUNTY including the right to remove and dispose of improvements, shall commence on the date the COUNTY delivers said total amount shown in Clause 3(A) to the SELLERS or deposits said amount into escrow, and that the amount shown in Clause 3(A) herein includes, but is not limited to, full payment for such possession, use, and interest from said date. 7. SELLERS warrant that there are no oral or written leases on any portion of the real property described in Exhibit "A" exceeding a period of one month, and SELLERS further agree to hold harmless and reimburse the COUNTY for any and all losses or expenses resulting or arising from any lease on the property exceeding a period of one month. 8. On the day title of said property vests in the name of the COUNTY, the condition of the property, including the existence or nonexistence of improvements, will be the same as the condition of the property on the inspection date of February 5, 2004. 9. This CONTRACT is subject to the approval of the Santa Cruz County Board of Supervisors and does not bind County until such time as Board approval and consent has been received in writing and as required by law. 10. The provisions of this agreement shall inure to the benefit of and bind the respective successors, heirs, and assigns of the parties hereto.
.Js, N WTNESS WHEREOF, the County has caused this contract to be duly executed as of the 1% day of h,,20 oq ; and SELLERS have executed this agreement as of the 2 day of dpeic.,20&. RECOMMENDED FOR APPROVAL By: SCOTT LOCHNGER Chief, Real Property Division / Assistant County A P P E By: - Todd Morgen - Sharon Morgen / U COUNTY c By: L THO~AMOLCH Director of Public Works (SELLERS) D:\WP\MGROSSROAD\COKRACT =.pd
MORGEN APN 03 1-02 1-83 Situate in the County of Santa Cmz, State of California, and described as follows: Being a portion of the land conveyed to Todd Morgen and Sharon Morgen by that deed recorded January 10,2002 in Document 2002-0002 179 of Official Records of Santa Cruz County, and more particularly described as follows: Being an easement for sidewalk, utility and sign purposes over a portion of said lands of Morgen, and more particularly described as follows: Beginning at the southwestern comer of said lands of Morgen on the northern line of Gross Road; thence from said point of beginning, North 89'53' East along the northern line of Gross Road 20.00 feet; thence leaving said northern line, North 0'07' West 3.00 feet; thence South S9'53' West 20.00 feet to a point on the western boundary of said lands of Morgen; thence South 0'07' East along said western boundary 3.00 feet to the point of beginning. Containing 60 square feet, more or less.
RGHT OF ENTRY Property No. 21 APN: 03 1-041-62 County of Santa Cruz Public Works Department 701 Ocean Street Santa Cruz. California 95060 - c Date: U Project: GROSS RD MPR~VEMENT PROJECT COFFEE LANE TO CAPTOLA LMTS Gentlemen: Permission is hereby granted to the County of Santa Cruz, its contractors andor authorized agents, to enter and bring the necessary workmen, tools and equipment onto the property of the undersigned, where necessary, for the purpcse of conforming a portion of the Grantor's property as shown on the attached plan. The County of Santa Cruz shall pay the undersigned grantor the sum of $250.00 for the right of entry herein granted. t is understood and agreed that the County shall have the right to trim any vegetation as necessary to constnlct the improvements, but that the premises will be left in a clean and orderly condition and that any existing improvements located on the Grantor's property that may have been disturbed or removed during the course of the work will be restored or replaced in kind. t is further understood and agreed that permission to perform the acts stated herein shall remain in force and effect only until the completion of construction or December 3 1, 2005 whichever comes first, and that all rights hereunder shall cease when said work has been completed. RECOMMENDED FOR APPROVAL: ERC B. CAS ACCEPTED: t N K. CASSE antor(s) Property Address: 3520 Gross Road Santa Cruz, CA 95062 J Dikctor of Public Works D:\WPUP\GROSSROAD\ncntry.wpd
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Property No.: 22 Ginette LaFosse, Trustee (Sellers) APN: 03 1-02 1-64 Project: Gross Road mprovement Pro-iect CONTRACT COUNTY OF SANTA CRUZ This contract is entered into this 1. db- 3, day of ZOg, by and between the COUNTY OF SANTA CRUZ, hereinafter called COUNTY, and GNETTE L OSSE, SOLE SURVVNG TRUSTEE of the LaFossee Revocable Trust dated August 18, 1992 hereinafter called SELLERS. The parties mutually agree as follows: 1. The parties herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for this transaction. 2. SELLERS agree to execute and deliver documents in the form of an Easement Deed and a Form W-9 (Request for Taxpayer dentification Number and Certification) covering the property located at 3531 Gross Road in the COUNTY, more particularly described in Exhibit "A", attached hereto and made a part hereof, Said documents will be delivered to SCOTT LOCHNGER, Chief Agent, Real Property Division of the COUNTY, State o'f California. 3. The COUNTY shall: (A) Pay the undersigned grantor(s) the sum of $2,600.00 for the property or interest therein (including all improvements existing thereon unless removal is specifically authorized hereinafter in this Contract) as conveyed by Easement Deed within thirty (30) days after date title to said property vests in the COUNTY free and clear of all liens, encumbrances, assessments, easements and leases (recorded andor unrecorded), taxes, penalties, and bonds except: 1. Covenants, conditions restrictions and reservations of record, if any, 2. Easements or rights of way over said land for utility or street purposes, if any. (B) Pay all escrow and recording fees incurred in this transaction, and if Title nsurance is required by the COUNTY, the premium charge therefor, except that the payment of any reconveyance fees, trustee's fee, or forwarding fees for any full reconveyance of deed of trust or full release of mortgage shall be the responsibility of the SELLERS. This transaction will be handled through an internal escrow by the COUNTY, Department of Public Works, Real Property Division, 701 Ocean Street, Rm 410, Santa Cruz, CA 95060. 4. SELLERS agree to indemnify, defend, and hold harmless the COUNTY from and against any claim, action, suit, proceeding, loss, cost, damage, deficiency, fine, penalty, liability, or expense (including without limitation, attorney's fees), arising out of any of the following matters in, on, or about the Property occurring during SELLERS ownership of the Property: (A) The release, use generation, discharge, storage, disposal, or transportation of any Hazardous Materials, or
(B) The ViolaLlon of any statute, ordinance, order, rule, regulation, permit, judgement, or license relating to the release, use generation, discharge, storage, disposal, or transportation of any Hazardous Materials. The term "Hazardous Materials" shall mean any substance, material, or waste which is regulated by any governmental authority, including, but not limited to, any material or substance which is defined as a "hazardous substance", "haiardous waste", "extremely hazardous waste", or "restricted hazardous waste" in the California Health and Safety Code. The purchase of the Property shall not be construed as limiting SELLER'S responsibility and/or the COUNTY'S rights concerning hazardous materials discovered before or after purchase of the Property. 5. t is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the COUNTY, its contractors and/or authorized agents have the right to enter upon the SELLERS property in the vicinity of the land described in the attached Exhibit "A", as necessary, to construct the improvements for which the purpose of the deed is being granted. t is understood and agreed that the premises will be left in a clean and orderly condition. As of the inspection date, any existing improvements located within this right-of-entry area, exclusive of any fee or permanent easement areas and not including those improvements already compensated for as specified in the appraisal, that may have been disturbed or removed during the course of the project construction work will be restored or replaced in kind. The right of entry will terminate at the completion of the project or on December 31, 2005, whichever occurs first. 6. t is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the Subject Property by the COUNTY including the right to remove and dispose of improvements, shall commence on the date the COUNTY delivers said total amount shown in Clause 3(A) to the SELLERS or deposits said amount into escrow, and that the amount shown in Clause 3(A) herein includes, but is not limited to, full payment for such possession, use, and interest from said date. 7. SELLERS warrant that there are no oral or written leases on any portion of the real property described in Exhibit "A" exceeding a period of one month, and SELLERS further agree to hold harmless and reimburse the COUNTY for any and all losses or expenses resulting or arising from any lease on the property exceeding a period of one month. 8. On the day title of said property vests in the name of the COUNTY, the condition of the property, including the existence or nonexistence of improvements, will be the same as the condition of the property on the inspection date of February 5,2004. 9. This CONTRACT is subject to the approval of the Santa Cruz County Board of Supervisors and does not bind County until such time as Board approval and consent has been received in writing and as required by law. 10. The provisions of this agreement shall inure to the benefit of and bind the respective successors, heirs, and assigns of the parties hereto.
N WTNESS WHEREOF, the County has caused this contract to be duly executed as of the LSss- day of,2@; and SELLERS have executed this agreement as of the 2qb day of, - 204. ' RECOMMENDED FOR APPROVAL & By: -4?&T a,- SCOTT LOCKNGER Chief, Real Property Division U Assistant County C!dunsel COUNTY By: C THOM'ASYBOLCH Y u Director of Public Works (SELLERS)
La FOSSE APN 031-021-64 Situate in the County of Santa Cmz, State of California, and described as follows: Being a portion of the land conveyed to h and J. LaFosse and Ginette LaFosse, Trustee of the Armand J. LaFosse and Ginette LaFosse Revocable Trust dated August 18, 1992, by that deed recorded June 27, 1994 in Volume 5529 of Official Records of Santa Cruz County at Page 150 and more particularly described as follows: Being an easement for sidewalk, utility and sign purposes over a portion of said lands of LaFosse, and more particularly described as follows: Beginning at the southeastern comer of said lands of LaFosse on the northem line of Gross Road; thence from said point of beginning, South 89 53 West along the northern line of Gross Road 33.00 feet; thence leaving said northern line, North 0 07 West 3.00 feet; thence North 89 53 East 33.00 feet to a point on the eastern boundary of said lands of LaFosse; thence South 0 07 East along said eastern boundary 3.00 feet to the point of beginning. Containing 99 square feet, more or less.,
Property No.: 24 Pres ton W. Dvson Marilvn E. Dvson (Sellers) APN: 03 1-02 1-65 Project: Gross Road Tmmovement Proiect CONTRACT COUNTY OF SANTA CRUZ This contract is entered into thiseday of h?kv, ZOgCf, by and between the COUNTY OF SANTA CRUZ, hereinafter called COUNTY, and PRESTON W. DYSON and MARLYN E. DYSON, Husband and Wife as Community Property hereinafter called SELLERS. The parties mutually agree as follows: 1. The parties herein set forth the whole of their agreement. The performance o i this agreement constitutes the entire consideration for this transaction. 2. SELLERS agree to execute and deliver documents in the form of an Easement Deed and a Form W-9 (Request for Taxpayer dentification Number and Certification) covering the property located at 3545 Gross Road in the COUNTY, more particularly described in Exhibit "A", attached hereto and made a part hereof. Said documents will be delivered to SCOTT LOCHNGER, Chief Agent, Real Property Division of the COUNTY, State of California. 3. The COUNTY shall: (A) Pay the undersigned gantor(s) the sum of $3,300.00 for the property or interest therein (including all improvements existing thereon unless removal is specifically authorized hereinafter in this Contract) as conveyed by Easement Deed within thirty (30) days after date title to said property vests in the COUNTY free and clear of all liens, encumbrances, assessments, easements and leases (recorded andor unrecorded), taxes, penalties, and bonds except: 1. Covenants, conditions restrictions and reservations of record, if any, 2. Easements or rights of way over said land for utility or street purposes, if any. (B) Pay all escrow and recording fees incurred in this transaction, and if Title nsurance is required by the COUNTY, the premium charge therefor, except that the payment of any reconveyance fees, trustee's fee, or forwarding fees for any full reconveyance of deed of trust or full release of mortgage shall be the responsibility of the SELLERS. This transaction will be handled through an internal escrow by the COUNTY, Department of Public Works, Real Property Division, 701 Ocean Street, Rm 410, Santa Cruz, CA 95060. 4. SELLERS agree to indemnify, defend, and hold harmless the COUNTY from and against any claim, action, suit, proceeding, loss, cost, damage, deficiency, fine, penalty, liability, or expense (including without limitation, attorney's fees), arising out of any of the following matters in, on, or about the Property occurring during SELLERS ownership of the Property: (A) The release, use generation, discharge, storage, disposal, or transportation of any Hazardous Materials, or
~ (B) The viol- -m of any statute, ordinance, order, rul --' @ation, permit, judgement, or license re!ating to the release, use generation, discharge, storage, disposal, or transportation of any Hazardous Materials. The term "Hazardous Materials" shall mean any substance, material, or waste which is regulated by any governmental authority, including, but not limited to, any material or substance which is defined as a "hazardous substance", "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" in the California Health and Safety Code. The purchase of the Property shall not be construed as limiting SELLER'S responsibility andor the COUNTY'S rights concerning hazardous materials discovered before or after purchase of the Propexiy. 5. t is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the COUNTY, its contractors and/or authorized agents have the right to enter upon the SELLERS property in the vicinity of the land described in the attached Exhibit "A", as necessary, to construct the improvements for which the purpose of the deed is being granted. t is understood and agreed that the premises will be left in a clean and orderly condition. As of the inspection date, any existing improvements located within this right-of-entry area, exclusive of any fee or permanent easement areas and not including those improvements already compensated for as specified in the appraisal, that may have been disturbed or removed during the course of the project construction work will be restored or replaced in kind. The right of entry will terminate at the completion of the project or on December 3 1, 2005, whichever occurs first. 6. t is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the Subject Property by the COUNTY including the right to remove and dispose of improvements, shall commence on the date the COUNTY delivers said total amount shown in Clause 3(A) to the SELLERS or deposits said amount into escrow, and that the amount shown in Clause 3(A) herein includes, but is not limited to, full payment for such possession, use, and interest from said date. 7. SELLERS warrant that there are no oral or written leases on any portion of the real property described in Exhibit "A" exceeding a period of one month, and SELLERS further agree to hold harmless and reimburse the COUNTY for any and all losses or expenses resulting or arising from any lease on the property exceeding a period of one month. 8. On the day title of said property vests in the name of the COUNTY, the condition of the property, including the existence or nonexistence of improvements, will be the same as the condition of the property on the inspection date of February 5,2004. 9. This CONTRACT is subject to the approval of the Santa Cruz County Board of Supervisors and does not bind County until such time as Board approval and consent has been received in writing and as required by law. 10. The provisions of this agreement shall inure to the benefit of and bind the respective successors, heirs, and assigns of the parties hereto.
RECOMMENDED ma- FOR APPROVAL By: SCOTT LOCHNGER Chief, Real Property Division APPRBVED AS TO FORM: PRESTON W. DYSOH " h / MARLYN k. DYSON - P Assistant County COUNTY Director of Public Works (SELLERS)
DYSON APN 031-021-65 Situate in the County of Santa Cmz, State of California, and described as follows: Being a portion of the land conveyed to Preston W. Dyson and Marilyn E. Dyson by that deed recorded August 4, 1987 in Volume 4201 of Official Records of Santa Cruz County at Page 809, and more particularly described as follows: PARCEL A Being an easement for sidewalk, utility and sign purposes over a portion of said lands of Dyson, and more particularly described as follows: Beginning at a point on the northern line of Gross Road from which point the southwest comer of said lands of Dyson bears South 89'53' West along said northern line of Gross Road 14.00 feet distant; thence from. said point of beginning, North 89'53' East along the northern line of Gross Road 35.00 feet; thence leaving said northern line, North 0'07' West 3.00 feet; thence South 89'53' West 35.00 feet; thence South 0'07' East 3.00 feet to the point of beginning. Containing 105 square feet, more or less. PARCEL B Being an easement for sidewalk, utility and si9 purposes over a portion of said lands of Dyson, and more particularly described as follows: Beginning at the southeastern comer of said lands of Dyson on the northern line of Gross Road; thence from said point of beginning, South 89'53' West along the northern line of Gross Road 6.00 feet; thence leaving said northern line, North 0'07' West 3.00 feet; thence North 89'53' East 6.00 feet to a point on the eastern boundary of said lands of Dyson; thence South 0'07' East along said eastern boundary 3.00 feet to the point of beginning. Containing 18 square feet, more or less.
RGHT OF ENTRY Property No. 23 APN: 03 1-04 1-57 County of Santa Cruz Public Works Department 70 1 Ocean Street Santa Cruz, California 95060 Project: GROSS RD MPROVEMENT PROJECT COFFEE LANE TO CAPTOLA LMTS Gentlemen : Permission is hereby granted to the County of Santa Cruz, its contractors and/or authorized agents, to enter and bring the necessary workmen, tools ana equipment onto the property of the undersigned, where necessary, for the purpose of conforming a portion of the Grantor's property as shown on the attached plan. The County of Santa Cruz shall pay the undersigned grantor the sum of $250.00 for the right of entry herein granted. t is understood and agreed that the County shall have the right to trim any vegetation as necessary to construct the improvements, but that the premises will be left in a clean and orderly condition and that any existing improvements located on the Grantor's property that may have been disturbed or removed during the course of the work will be restored or replaced in kind. t is further understood and agreed that permission to perform the acts stated herein shall remain in force and effect only until the completion of construction or December 3 1, 2005 whichever comes first, and that all rights hereunder shall cease when said work has been completed. RECOMMENDED FOR APPROVAL: CATHERLNE RUCKER Grantor(s) ACCEPTED: County of Santa Cruz r Property Address: 3536 Gross Road Santa Cruz, CA 95062 L DirdtorXPublic Works D:\WPW\GROSSROADLtentry.wpd
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William London Jackie London (SELLERS) Property No.: 29 APN: 031-021-67 Project: GROSS ROAD MPROVEMENTS - COFFEE LANE TO CAPTOLA CTY LMTS CONTRACT COUNTY OF SANTA CRUZ This contract is entered into this \E;b day of -Y$-, 20&, by and between the COUNTY OF SANTA CRUZ, hereinafter called COUNTY, and JLLAM LONDON and JACKE LONDON, hereinafter called SELLERS. The parties mutually agree as follows: 1. The parties herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for this transaction. 2. SELLERS agree to execute and deliver a document in the form of an Easement Deed covering a portion of the property located at 3625 Gross Road in the County of Santa Cruz (APN 03 1-021-67), more particularly described in Exhibit "A", attached hereto and made a part hereof and a W-9 Form, Request for Taxpayer dentification Number and Certification. Said documents shall be delivered to Scott Loichinger, Chief, Real Property Division of the COUNTY, State of California. 3. The COUNTY shall: (A) Pay the undersigned SELLERS the sum of $2,500.00 for the property interest therein (including all improvements existing thereon unless removal is specifically authorized hereinafter in this Contract) as conveyed by said Deed within thirty (30) days after date title to said property interest vests in the COUNTY, free and clear of all liens, encumbrances, assessments, easements and leases (recorded and/or unrecorded), and taxes, except: 1. Covenants, conditions restrictions and reservations of record, if any, 2. Easements or rights of way over said land for utility or street purposes, if any. (B) Pay all escrow and recording fees incurred in this transaction, and if Title nsurance is required by the COUNTY, the premium charge therefor, except that the payment of any reconveyance fees, trustee's fee, or forwarding fees for any full reconveyance of deed of trust or full release of mortgage shall be the responsibility of the SELLERS. 4. SELLERS agree to indemnify, defend, and hold harmless the COUNTY from and against any claim, action, suit, proceeding, loss, cost, damage, deficiency, fine, penalty, liability, or expense (including without limitation, attorney's fees), arising out of any of the following matters in, on, or about the Property occurring during SELLERS' ownership of the Property: (A) The release, use, generation, discharge, storage, disposal, or transportation of any Hazardous Materials, or (B) The violation of any statute, ordinance, order, rule, regulation, permit, judgement, or license relating to the release, use, generation, discharge, storage, disposal, or transportation of any Hazardous Materials. The term "Hazardous Materials" shall mean any substance, material, or waste which is regulated by any governmental authority, including, but not limited to, any material or substance which is defined as a "hazardous substance", "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" in the California Health and Safety Code. The purchase of the property interest shall not be construed as limiting SELLERS' responsibility and/or the COUNTY'S rights concerning hazardous materials discovered before or after
purchase of said property interests. 5. t is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the subject property by the COUNTY including the right to remove and dispose of improvements, shall commence on the date the COUNTY delivers said total amount shown in clause 3(A) to the SELLERS or deposits said amount in escrow, and that the amount shown in Clause 3(A) herein includes, but is not limited to,.full payment for such possession and use and interest from said date. 6. On the day title of said property interests vests in the name of the COUNTY, the condition of the property described in Exhibit A, including the existence or nonexistence of any improvements, shall be the same as the condition of said property on the date SELLERS executed this document. 7. SELLERS warrant that there are no oral or written leases on any portion of the real property described in Exhibit A exceeding a period of one month, and SELLERS further agree to hold harmless and reimburse the COUNTY for any and a11 losses or expenses resulting or arising from any lease on the property exceeding a period of one month. 8. t is understood and agreed that the COUNTY shall have the right to enter on SELLERS land in the vicinity of the land described in the attached Exhibit A, as necessary for construction purposes, but that this temporary right-of-entry will be left in a clean and orderly condition. Any existing improvements located on the SELLERS property outside of the permanent easement area describe in Exhibit A, and not including those improvements already compensated for as specified herein and also in the appraisal, that may have been disturbed or removed during the course of the work will be restored or replaced in kind. The right-of-entry will terminate at the completion of the project or on December 3 1, 2005, whichever occurs first. 9. The provisions of this agreement shall inure to the benefit of and bind the respective successors, heirs, and assigns of the parties hereto. N WTNESS WHEREOF, the COUNTY has caused this contract to be duly executed as of the $ &- day of rv\rt.?,20&; and the SELLERS have executed this agreement as of the 27* day of Apr;\,20K. RECOMMENDED FOWPPROVAL n \ W SCOTT LOCHNGER Chief, Real Property Division William London THOkAK. BOLCH Director of Public Works (SELLERS)
r EXHBT A LONDON APN 031-021-67 Situate in the County of Santa Cruz, State of California, and described as follows: Being a portion of the land conveyed to William London and Jackie London by that deed recorded May 15, 1974 in Volume 2410 of Official Records of Santa Cruz County at Page 499, and more particularly described as follows: Being an easement for sidewalk, utility and sign purposes over a portion of said lands of London, and more particularly described as follows: Beginning at the southeastern comer of said lands of London on the northern line of Gross Road; thence from said point of beginning, South 89 53 West along the northern line of Gross Road 29.00 feet; thence leaving said northern line, North 0 07 West 3.00 feet; thence North 89 53 East 29.00 feet to a point on the eastern boundary of said lands of London; thence South 0 07 East along said eastern boundary 3.00 feet to the point of beginning. Containing 87 square feet, more or less.
RGHT OF ENTRY Parcel No.: 30 APN: 3 1-052- 17 Project: GROSS ROAD MPROVEMENTS - COFFEE LANE TO CAPTOLA CTY LMTS County of Santa Cruz Public Works Department 70 1 Ocean Street Santa Cruz, California 95060 Gentlemen: Permission is hereby granted to the County of Santa Cruz, its contractors andor authorized agents, to enter and bring the necessary workmen, tools and equipment onto the property of the undersigned to construct the road improvements shown on the attached plan. The County shall pay the undersigned grantor(s) the sum of $250.00 for the right of entry herein granted. t is understood and agreed that the County shall have the right to trim any vegetation as necessary to construct the improvements, but that the premises will be left in a clean and orderly condition and that any existing improvements located on the grantor's property that may have been disturbed or removed during the course of the work will be restored or replaced in-kind. The undersigned grantor(s) agree to complete a W-9 Form, Request for Taxpayer dentification Number and Certification, required for processing of the payment. t is further understood and agreed that permission to perform the acts stated herein shall remain in force and effect only until the completion of construction of the Gross Road mprovements - Coffee Lane to Capitola City Limits Project and that all rights hereunder shall cease. when said work has been compieted. RECOMMENDED FOR APPROVAL: Robem. Rodri&/A \ W Grantor(s) ACCEPTED: Property Address: Director ok"ub1ic Works 3630 Gross Road Santa Cruz, CA 95062
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Armando Servin (SELLERS) Property No.: 31 APN: 031-021-58 Project: GROSS ROAD MPROVEMENTS - COFFEE LANE TO CAPTOLA CTY LMTS CONTRACT COUNTY OF SANTA CRUZ This contract is entered into this \g% day of dy,, 20& by and between the COUNTY OF SANTA CRUZ, hereinafter called COUNTY, and ARMANDO SERVN, hereinafter called SELLERS. The parties mutually agree as follows: 1. The parties herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for this transaction. 2. SELLERS agree to execute and deliver a document in the form of an Easement Deed covering a portion of the property located at 3635 Gross Road in the County of Santa Cruz (APN 031-021-58), more particularly described in Exhibit "A", attached hereto and made a part hereof and a W-9 Form, Request for Taxpayer dentification Number and Certification. Said documents shall be delivered to Scott Loichinger, Chief, Real Property Division of the COUNTY, State of California. 3. The COUNTY shall: (A) Pay the undersigned SELLERS the sum of $3,000.00 for the property interest therein (including all improvements existing thereon unless removal is specifically authorized hereinafter in this Contract) as conveyed by said Deed within thirty (30) days after date title to said property interest vests in the COUNTY, free and clear of all liens, encumbrances, assessments, easements and leases (recorded andor unrecorded), and taxes, except: 1. Covenants, conditions restrictions and reservations of record, if any, 2. Easements or rights of way over said land for utility or street purposes, if any. (B) Pay all escrow and recording fees incurred in this transaction, and if Title nsurance is required by the COUNTY, the premium charge therefor, except that the payment of any reconveyance fees, trustee's fee, or forwarding fees for any full reconveyance of deed of trust or full release of mortgage shall be the responsibility of the SELLERS. 4. SELLERS agree to indemnify, defend, and hold harmless the COUNTY from and against any claim, action, suit, proceeding, loss, cost, damage, deficiency, fine, penalty, liability, or expense (including without limitation, attorney's fees), arising out of any of the following matters in, on, or about the Property occurring during SELLERS' ownership of the Property: (A) The release, use, generation, discharge, storage, disposal, or transportation of any Hazardous Materials, or (B) The violation of any statute, ordinance, order, rule, regulation, permit, judgement, or license relating to the release, use, generation, discharge, storage, disposal, or transportation of any Hazardous Materials. The term "Hazardous Materials" shall mean any substance, material, or waste which is regulated by any governmental authority, including, but not limited to, any material or substance which is defined as a "hazardous substance", "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" in the California Health and Safety Code. The purchase of the property interest shall not be construed as limiting SELLERS' responsibility andor the COUNTY'S rights concerning hazardous materials discovered before or after
purchase of said property interests. 5. t is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the subject property by the COUNTY including the right to remove and dispose of improvements, shall commence on the date the COUNTY delivers said total amount shown in clause 3(A) to the SELLERS or deposits said amount in escrow, and that the amount shown in Clause 3(A) herein includes, but is not limited to, full payment for such possession and use and interest from said date. 6. On the day title of said property interests vests in the name of the COUNTY, the condition of the property described in Exhibit A, including the existence or nonexistence of any improvements, shall be the same as the condition of said property on the date SELLERS executed this document. 7. SELLERS warrant that there are no oral or written leases on any portion of the real property described in Exhibit A exceeding a period of one month, and SELLERS further agree to hold harmless and reimburse the COUNTY for any and all losses or expenses resulting or arising from any lease on the property exceeding a period of one month. 8. t is understood and agreed that the COUNTY shall have the right to enter on SELLERS land in the vicinity of the land described in the attached Exhibit A, as necessary for construction purposes, but that this temporary right-of-entry will be left in a clean and orderly condition. Any existing improvements located on the SELLERS property outside of the permanent easement area describe in Exhibit A, and not including those improvements already compensated for as specified herein and also in the appraisal, that may have been disturbed or removed during the course of the work will be restored or replaced in kind. The right-of-entry will terminate at the completion of the project or on December 31,2005, whichever occurs first.. 9. The provisions of this agreement shall inure to the benefit of and bind the respective successors, heirs, and assigns of the parties hereto. N WTNESS WHEREOF, the COUNTY has caused this contract to be duly executed as of the \\a day of h,,20&; and the SELLERS have executed this a agreement as of the e day of U h l 9 2wQ. R E C O Z m V A L By : / SCOTT LOCHNGER Chief, Real Property Division By : P V Assistant County C THOMASL. BOLCH Director of Public Works (SELLERS)
SERVN APN 031-021-58 Situate in the County of Santa Cruz, State of California, and described as follows: Being a portion of the land conveyed to Armando Servin by that deed recorded August 20,2001 in Document 2001-0052229 of Official Records of Santa Cruz County, and more particularly described as follows: PARCEL A Being an easement for sidewalk, utility and sign purposes over a portion of said lands of Servin, and more particularly described as follows: Beginning at the southwestern comer of said lands of Servin on the northern line of Gross Road; thence from said point of beginning, North 89'53' East along the northern line of Gross Road 6.00 feet; thence leaving said northern line, North 0'07' West 3.00 feet; thence South 89'53' West 6.00 feet to a point on the western boundary of said lands of Servin; thence South 0'07' East along said western boundary 3.00 feet to the point of beginning. Containing 18 square feet, more or less. PARCEL B Being an easement for sidewalk, utility and sign purpose5 over a portion of said lands of Servin, and more particularly described as follows: Beginning at the southeaseern comer of said lands of Servin on the northern line of Gross Road; thence from said point of beginning, South 89'53' West along the northern line of Gross Road 31.OO feet; thence leaving said northern line, North O"07' West 3.00 feet; thence North 89'53' East 31.OO feet to a point on the eastern boundary of said lands of Servin; thence South 0'07' East along said eastern boundary 3.00 feet to the point of beginning. Containing 93 square feet, more or less.
RGHT OF ENTRY Parcel No.: 32 APN: 3 1-052-02 County of Santa Cruz Public Works Department 701 Ocean Street Santa Cruz. California 95060 Date: &pd, 'Lcsruq Project: GROSS ROAD MPROVEMENTS - COFFEE LANE TO CAPTOLA CTY LMTS Gentlemen: Permission is hereby granted to the County of Santa Cruz, its contractors andor authorized agents, to enter and bring the necessary workmen, tools and equipment onto the property of the undersigned to construct the road improvements shown on the attached plan. The County shall pay the undersigned grantor(s) the sum of $250.00 for the right of entry herein granted. t is understood and agreed that the County shall have the right to trim any vegetation as necessary to construct the improvements, but that the premises will be left in a clean and orderly condition and that any existing improvements located on the grantor's property that may have been disturbed or removed during the course of the work will be restored or replaced in-kind. The undersigned grantor(s) agree to complete a W-9 Form, Request for Taxpayer dentification Number and Certification, required for processing of the payment. t is further understood and agreed that permission to perform the acts stated herein shall remain in force and effect only until the completion of construction of the Gross Road mprovements - Coffee Lane to Capitola City Limits Project and that all rights hereunder shall cease when said work has been completed. RECOMMENDED FOR APPROVAL: Matthew H. Fanniig Y Grantor(s) ACCEPTED: Property Address: Direct& oidublic Works 3640 Gross Road Santa Cruz, CA 95062
RGHT OF ENTRY Parcel No.: 34 APN: 3 1-052-03 County of Santa Cruz Public Works Department 70 1 Ocean Street Santa Cruz, California 95060 Date:,h Q f'd zl// %@( Project: GROSS ROAD MPROVEMENTS - COFFEE LANE TO CAPTOLA CTY LMTS Gentlemen: Permission is hereby granted to the County of Santa Cruz, its contractors andor authorized agents, to enter and bring the necessary workmen, tools and equipment onto the property of the undersigned to construct the road improvements shown on the attached plan. The County shall pay the undersigned grantor(s) the sum of $250.00 for the right of entry herein granted. t is understood and agreed that the County shall have the right to trim any vegetation as necessary to construct the improvements, but that the premises will be left in a clean and orderly condition and that any existing improvements located on the grantor's property that may have been disturbed or removed during the course of the work will be restored or replaced in-kind. The undersigned grantor(s) agree to complete a W-9'Form, Request for Taxpayer dentification. Number and Certification, required for processing of the payment. t is further understood and agreed that permission to perform the acts stated herein shall remain in force and effect only until the completion of construction of the Gross Road mprovements - Coffee Lane to Capitola City Limits Project and that all rights hereunder shall cease when said work has been completed. RECOMMENDED FOR APPROVAL: Real Property &e# ACCEPTED: Property Address: 3700 Gross Road Santa Cruz, CA 95062
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Gary Stephen Tyler (SELLERS) Property No.: 35 APN: 031-021-53 Project: GROSS ROAD MPROVEMENTS - COFFEE LANE TO CAPTOLA CTY LMTS CONTRACT COUNTY OF SANTA CRUZ + This contract is entered into this day of COUNTY OF SANTA CRUZ, hereinafter called COUNTY, and G hereinafter called SELLERS. The parties mutually agree as follows:,20&, by and between the Y STEPHEN TYLER, 1. The parties herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for this transaction. 2. SELLERS agree to execute and deliver a document in the form of an Easement Deed covering a portion of the property located at 3705 Gross Road in the County of Santa Cruz (APN 03 1-02 1-53), more particularly described in Exhibit "A", attached hereto and made a part hereof and a W-9 Form, Request for Taxpayer dentification Number and Certification. Said documents shall be delivered to Scott Loichinger, Chief, Real Property Division of the COUNTY, State of California. 3. The COUNTY shall: (A) Pay the undersigned SELLERS the sum of $2,900.00 for the property interest therein (including all improvements existing thereon unless removal is specifically authorized hereinafter in this Contract) as conveyed by said Deed within thirty (30) days after date title to said property interest vests in the COUNTY, free and clear of all liens, encumbrances, assessments, easements and leases (recorded andor unrecorded), and taxes, except: 1. Covenants, conditions restrictions and reservations of record, if any, 2. Easements or rights of way over said land for utility or street purposes, if any. (B) Pay all escrow and'recording fees incurred in this transaction, and if Title nsurance is required by the COUNTY, the premium charge therefor, except that the payment of any reconveyance fees, trustee's fee, or forwarding fees for any full reconveyance of deed of trust or full release of mortgage shall be the responsibility of the SELLERS. 4. SELLERS agree to indemnify, defend, and hold harmless the COUNTY from and against any claim, action, suit, proceeding, loss, cost, damage, deficiency, fine, penalty, liability, or expense (including without limitation, attorney's fees), irking out of any of the following matters in, on, or about the Property occurring during SELLERS' ownership of the Property: (A) The release, use, generation, discharge, storage, disposal, or transportation of any Hazardous Materials, or (B) The violation of any statute, ordinance, order, rule, regulation, permit, judgement, or license relating to the release, use, generation, discharge, storage, disposal, or transportation of any Hazardous Materials. The term "Hazardous Materials" shall mean any substance, material, or waste which is regulated by any governmental authority, including, but not limited to, any material or substance which is defined as a "hazardous substance", "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" in the California Health and Safety Code. The purchase of the property interest shall not be construed as limiting SELLERS'
responsibility andor the COUNTY S rights concerning hazardous materials discovered before or after purchase of said property interests. 5. t is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the subject property by the COUNTY including the right to remove and dispose of improvements, shall commence on the date the COUNTY delivers said total amount shown in clause 3(A) to the SELLERS or deposits said amount in escrow, and that the amount shown in Clause 3(A) herein includes, but is not limited to, full payment for such possession and use and interest from said date. 6. On the day title of said property interests vests in the name of the COUNTY, the condition of the property described in Exhibit A, including the existence or nonexistence of any improvements, shall be the same as the condition of said property on the date SELLERS executed this document. 7. SELLERS warrant that there are no oral or written leases on any portion of the real property described in Exhibit A exceeding a period of one month, and SELLERS further agree to hold harmless and reimburse the COUNTY for any and all losses or expenses resulting or arising from any lease on the property exceeding a period of one month. 8. t is understood and agreed that the COUNTY shall have the right to enter on SELLERS land in the vicinity of the land described in the attached Exhibit A, as necessary for construction purposes, but that this temporary right-of-entry will be left in a clean and orderly condition. Any existing improvements located on the SELLERS property outside of the permanent easement area describe in Exhibit A, and not including those improvements already compensated for as specified herein and also in the appraisal, that may have been disturbed or removed during the course of the work will be restored or replaced in kind. The right-of-entry will terminate at the completion of the project or on December 31,2005, whichever occurs first. 9. The provisions of this agreement shall inure to the benefit of and bind the respective successors, heirs, and assigns of the parties hereto. N WTNESS WHEREOF, the COUNTY has caused this contract to be duly executed as of the \(* day of. M h,2002; and the SELLERS have executed this agreement as of the L* day of n,20&. RECOMMENDED FOR APPROVAL SCOTT LOCHNGER Chief, Real Property Division APPVVED AYO FORM: - THO~AS L. BOLCH (SELLERS) 1 Director of Public Works
6499 EXP3CTBT A.. TYLER APN 03 1-02 1-53 Situate in the County of Santa Cruz, State of California, and described as follows: Being a portion of the land conveyed to Gary Stephen Tyler by that deed recorded September 24, 1992 in Volume 5 1 13 of Official Records of Santa Cruz County at Page 13 1, and more particularly described as follows: PARCEL A Being an easement for sidewalk, utility and sign purposes over a portion of said lands of Tyler, and more particularly described as follows: Beginning at the southwestern comer of said lands of Tyler on the northern line of Gross Road; thence ffom said point of beginning, North 89'53' East along the northern line of Gross Road 20.00 feet; thence leaving said northern line, North 0'07' West 3.00 feet; thence South 89'53' West 20.00 feet to a point on the western boundary of said lands of Tyler; thence South 0'07' East along said western boundary 3.00 feet to the point of beginning. Containing 60 square feet, more or less. PARCEL B Being an easement for sidewalk, utility and sign purposes over a portion of said lands of Tyler, 'and more particularly described as follows: Beginning at the southeastern comer of said lands of Tyler on the northern line of Gross Road; thence from said point of beginning, South 89'53' West along the northem line of Gross Road 7.00 feet; thence leaving said northern line, North 0'07' West 3.00 feet; thence North 89'53' East 7.00 feet to a point on the eastem boundary of said lands of Tyler; thence South 0'07' East along said eastern boundary 3.00 feet to the point of beginning. Containing 21 square feet, more or less.
Rogelio Garcia (SELLERS) Property No.: 36 APN: 031-021-55 Project: GROSS ROAD MPROVEMENTS - COFFEE LANE TO CAPTOLA CTY LMTS CONTRACT COUNTYOFSANTACRUZ This contract is entered into this &day of 20&, by and between the COUNTY OF SANTA CRUZ, hereinafter called GARCA, hereinafter called SELLERS. The parties mutually agree as follows: 1. The parties herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for this transaction. 2. SELLERS agree to execute and deliver a document in the form of an Easement Deed covering a portion of the property located at 3715 Gross Road in the County of Santa Cruz (APN 031-021-55), more particularly described in Exhibit "A", attached hereto and made a part hereof and a W-9 Form, Request for Taxpayer dentification Number and Certification. Said documents shall be delivered to Scott Loichinger, Chief, Real Property Division of the COUNTY, State of California. 3. The COUNTY shall: (A) Pay the undersigned SELLERS the sum of $1.900.00 for the property interest therein (including all improvements existing thereon unless removal is specifically authorized hereinafter in this Contract) as conveyed by said Deed within thirty (30) days after date title to said property interest vests in the COUNTY, free and clear of all liens, encumbrances, assessments, easements and leases (recorded andor unrecorded), and taxes, except: 1. Covenants, conditions restrictions and reservations of record, if any, 2. Easements or rights of way over said land for utility or street purposes, if any. (B) Pay all escrow and recording fees incurred in this transaction, and if Title nsurance is required by the COUNTY, the premium charge therefor, except that the payment of any reconveyance fees, trustee's fee, or forwarding fees for any full reconveyance of deed of trust or full release of mortgage shall be the respon'sibility of the SELLERS. 4. SELLERS agree to indemnify, defend, and hold harmless the COUNTY from and against any claim, action, suit, proceeding, loss, cost, damage, deficiency, fine, penalty, liability, or expense (including without limitation, attorney's fees), arising out of any of the following matters in, on, or about the Property occurring during SELLERS' ownership of the Property: (A) The release, use, generation, discharge, storage, disposal, or transportation of any Hazardous Materials, or (B) The violation of any statute, ordinance, order, rule, regulation, permit, judgement, or license relating to the release, use, generation, discharge, storage, disposal, or transportation of any Hazardous Materials. The term "Hazardous Materials" shall mean any substance, material, or waste which is regulated by any governmental authority, including, but not limited to, any material or substance which is defined as a "hazardous substance", "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" in the California Health and Safety Code. The purchase of the property interest shall not be construed as limiting SELLERS'
responsibility and/or the COUNTY S rights concerning hazardous materials discovered before or after purchase of said property interests. 5. t is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the subject property by the COUNTY including the right to remove and dispose of improvements, shall commence on the date the COUNTY delivers said total amount shown in clause 3(A) to the SELLERS or deposits said amount in escrow, and that the amount shown in Clause 3(A) herein includes, but is not limited to, full payment for such possession and use and interest from said date. 6. On the day title of said property interests vests in the name of the COUNTY, the condition of the property described in Exhibit A, including the existence or nonexistence of any improvements, shall be the same as the condition of said property on the date SELLERS executed this document. 7. SELLERS warrant that there are no oral or written leases on any portion of the real property described in Exhibit A exceeding a period of one month, and SELLERS further agree to hold harmless and reimburse the COUNTY for any and all losses or expenses resulting or arising from any lease on the property exceeding a period of one month. 8. t is understood and agreed that the COUNTY shall have the right to enter on SELLERS land in the vicinity of the land described in the attached Exhibit A, as necessary for construction purposes, but that this temporary right-of-entry will be left in a clean and orderly condition. Any existing improvements located on the SELLERS property outside of the permanent easement area describe in Exhibit A, and not including those improvements already compensated for as specified herein and also in the appraisal, that may have been disturbed or removed during the course of the work will be restored or replaced in kind. The right-of-entry will terminate at the completion of the project or on December 31, 2005, whichever occurs first. 9. The provisions of this agreement shall inure to the benefit of and bind the respective successors, heirs, and assigns of the parties hereto. N WTNESS WHEREOF, the COUNTY has caused this contract to be duly executed as of the \e day of,20&; and the SELLERS have executed this agreement as of the 7* day of u!+~: \,20*. RECOMMENDgD FOR APPROVAL By: SCOTT LOCHNGER Chief, Real Property Division APPBBVED AS TO FORM: R&G& RogelioVGarcia - P Assistant County THO~AW. BOLCH Director of Public Works (SELLERS)
GARCA APN 03 1-02 1-55 Situate in the County of Santa Cruz, State of California, and described as follows: Being a portion of the land conveyed to Rogelio Garcia by that deed recorded October 2 1, 1985 in Volume 3896 of Official Records of Santa Cruz County at Page 956, and more particularly described as follows: Being an easement for sidewalk, utility and sign purposes over a portion of said lands of Garcia, and more particularly described as follows: Beginning at the southwestern comer of said lands of Garcia on the northern line of Gross Road; thence from said point of beginning, North 89'53' East along the northern line of Gross Road 21.00 feet; thence leaving said northern line, North 0'07' West 3.00 feet; thence South 89'53' West 2 1.OO feet to a point on the western boundary of said lands of Garcia; thence South o"07' East along said western boundary 3.00 feet to the point of beginning. Containing 63 square feet, more or less. V
RGHT OF ENTRY Parcel No.: 37 APN: 3 1-052- 16 County of Santa Cruz Public Works Department 701 Ocean Street Santa Cruz, California 95060 Date: 3-3f -2./ Project: GROSS ROAD MPROVEMENTS - COFFEE LANE TO CAPTOLA CTY LMTS Gentlemen: Permission is hereby granted to the County of Santa Cruz, its contractors and/or authorized agznts, to enter and bring the necessary workmen, tools and equipment onto the property of the undersigned to construct the road improvements shown on the attached plan. The County shall pay the undersigned grantor(s) the sum of $250.00 for the right of entry herein granted. t is understood and agreed that the County shall have the right to trim any vegetation as necessary to construct the improvements, but that the premises will be left in a clean and orderly condition and that any existing improvements located on the grantor's property that may have been disturbed or removed during the course of the work will be restored or replaced in-kind. The undersigned grantor(s) agree to complete a W-9 Form, Request for Taxpayer dentification Number and Certification, required for processing of the payment. t is further understood and agreed that permission to perform the acts stated herein shall remain in force and effect only until the completion of construction of the Gross Road mprovements - Coffee Lane to Capitola City Limits Project and that all rights hereunder shall cease when said work has been completed. RECOMMENDED FOR APPROVAL: Mervin K. Deutscher caw L-&m% Mary Lod Deutscher Grantor(s) ACCEPTED: County of Santa Cruz..Dire& b owublic Works Property Address: 3716 Gross Road Santa Cruz, CA 95062