HomeMy WebLinkAbout12-06-2011, C3-CITY COMMUNICATIONS INFRASTRUCTURE EASEMENTcounci lA acEn0a aepoRt
'Meeting Date
9-20- 201 1
hem Numbe r
C I T Y O F S A N L U I S O B I S P O
FROM :
Michael Codron, Assistant City Manage r
SUBJECT :CITY COMMUNICATIONS INFRASTRUCTURE EASEMEN T
RECOMMENDATIO N
Authorize the Mayor to accept an easement from the owners of the Damon-Garcia Ranch fo r
communications infrastructure, and in exchange grant a fee waiver for Subdivision Service s
valued at $2,949 .
DISCUSSIO N
Backgroun d
On September 20, 2011, the City Council approved an agreement with Digital West Networks ,
Inc . to allow access to City-owned conduit for the purpose of completing a private fiber-opti c
network in the City . In exchange for access to the City's conduit, Digital West agreed to provid e
the City with certain services, such as data storage, that represent ongoing value to the City .
The City's communications conduit runs between the Corporation Yard and Broad Street, an d
traverses the Damon-Garcia Ranch, as shown in the attached vicinity map (Attachment 1). Th e
conduit was installed at the same time as a recycled water line was installed, which serves th e
Damon Garcia Sports Fields and is a major trunk line for recycled water service to this part o f
the City . At the time, it was standard City practice to install communications conduit wheneve r
the City was trenching for other purposes .
Digital West has now installed the fiber optic lines in the existing conduit . These fiber "runs "
include connections for both the City's fiber optic network and for the Digital West network .
During the installation process, it was discovered that the existing water line easement wa s
exclusive to the water line use . As a result, the City worked with the Damon Garcia Ranc h
owners to permit the installation of the line pending approval of a new easement .
New Easement Propose d
The proposed communications easement is necessary for the City to move forward with lon g
standing plans to create a fiber optic ring around the City, to improve the speed and reliability o f
both emergency communications and standard City communications functions . In addition, the
easement is necessary for the City to be able to honor its agreement with Digital West, which ha s
contracted with the City for access to the conduit .
The new easement follows the exact same path as the existing water line easement (Attachment
2). As a result, staff has utilized the legal description from the waterline easement and modifie d
the waterline easement documents for the proposed communications easement . Given that staf f
was able to model the proposed communications easement so closely after the waterlin e
easement, staff did not utilize title or escrow services as a cost saving measure .
City Communications Conduit Agreement Page 2
Fee Waiver Requeste d
Payment for the easement is proposed to be in the form of an exchange of services . Consistent
with the City's agreement with Digital West, the City worked with the Damon Garcia Ranc h
owners to define an exchange of services, in-lieu of a cash payment, to allow use of th e
communications conduit .
In exchange for the new easement, the Damon Garcia Ranch owners have requested a fee waive r
for subdivision services, consisting of a lot line adjustment and certificate of compliance for a
portion of their property zoned medium-density residential (R2-SP). This portion of the ranch i s
located on the corner of Broad Street and Rockview Place (Attachment 3). Granting of the fe e
waiver does not guarantee approval of the application . The owners of the ranch must stil l
complete a Planning Application for the requested service and staff will follow all of the norma l
procedures for review of the application .
Lot Line Adjustment Procedur e
In general, lot line adjustments and certificates of compliance are considered ministerial action s
that do not involve exercise of discretion on the part of the City . No new lots can be create d
through this process . The procedures for review and approval of both processes are outlined i n
Chapter 16 of the Municipal Code . The proposed lot line adjustment has been evaluated on a
preliminary basis by staff and it appears consistent with the City's Subdivision Regulations an d
the Margarita Area Specific Plan .
CONCURRENCE S
Community Development and Finance and Information Technology departments concur wit h
this recommendation .
FISCAL IMPAC T
The requested fee waiver will result in the City rendering services, with a cost of approximatel y
$3,000, without collecting the fees necessary to offset that cost . This is considered a minor fisca l
impact considering the value of the communications infrastructure to be installed .
ALTERNATIVE S
1.Do not approve the Easement .This is not recommended because the cost of the easemen t
is considered minor and the easement is necessary for the City to move forward with lon g
standing plans to create a fiber optic ring around the City to improve the speed and reliabilit y
of both emergency communications and standard City communications functions . In
addition, the easement is necessary for the City to be able to honor its agreement with Digita l
West, which has contracted with the City for access to the conduit .
2.Continue consideration of the request .The Council could continue consideration of thi s
request if more information is needed to make a final decision .
City Communications Conduit Agreement Page 3
ATTACHMENT S
1.Vicinity Map
2.Proposed Easemen t
3.Map of 3615 Broad Street
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ARp 1 1
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ATTACHMENT 2
RECORDING REQUESTED B Y
AND WHEN RECORDED MAIL TO:
Finance Departmen t
City of San Luis Obisp o
990 Palm Stree t
San Luis Obispo, CA 9340 1
APNs 076-391-005 & 076-391-007
EASEMENT DEE D
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged ,
DOUGLAS G . DAMON and EILEEN M . DAMON, Trustees of the Damon Family trust unde r
Agreement dated August 11, 1994 ; ROY A . GARCIA and DOLLY H . GARCIA, Co-Trustees o f
the Roy A Garcia Family Revocable Trust dated April 2, 1992 ; and Dolly H . Garcia, a marrie d
woman ;
hereby GRANT to :
CITY OF SAN LUIS OBISPO, a Chartered Municipal Corporatio n
ITEM 1 . a permanent communications facilities easement with rights of ingress thereto and egres s
therefrom, to construct, maintain, operate, reconstruct, repair, remove, replace, increase and /o r
change the number and/or size of the pipes,conduits, fibers, cables, appurtenances and incidental s
thereto for communications facilities under, within, through and upon certain property in th e
County of San Luis Obispo, State of California, as particularly described and depicted on attached
EXHIBITS "A 1" AND "B 1" which are incorporated into this Easement Deed . This easement an d
the communications facilities located within it may be relocated at a future date to an alternative
route through Grantor's property, by Grantor at Grantor's sole cost and expense, subject to City's
pre-approval of an acceptable comparable alternative easement location, City's review and pre -
approval of construction plans and specifications, and City's acceptance of replacement facilitie s
constructed per such plans and specifications . In order to pursue any such future relocation, onc e
Grantor's communications facilities easement relocation proposal is approved by City, Granto r
shall execute an easement deed to City conveying an easement over the alternative communication s
facilities route and may then pursue construction of the replacement communications facilitie s
within said new easement in accordance with the relocation conditions of approval specified b y
City in conjunction with their approval of Grantor's easement and communications facilitie s
relocation plan. Once construction of replacement communications facilities is completed to City's
satisfaction within the relocated easement and such facilities are accepted by City, City agrees t o
quitclaim this original easement . In the event that no easement relocation occurs per the provision s
specified herein, this easement shall remain valid and effective in perpetuity .
Page 1 of 3
THIS SPACE RESERVED FOR RECORDER ONL Y
(Gov . Code . 27361 .6)
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ATTACHMENT 2
ITEM 2 City hereby agrees to provide a minimum of seventy-two (72) hours' notice to Granto r
prior to accessing, utilizing or otherwise exercising any right as provided for in this Easement Deed ,
except in an emergency situation as deemed in the sole discretion of the City . Notice shall be vi a
first class mail, facsimile, overnight mail, email, telephone or any other electronic communication .
The terms and conditions of easement deed shall run with the land and be binding upon the heir s
and successors in interest to the parties hereto .
Dated
DOUGLAS G . DAMON and EILEEN M . DAMON ,
Trustees of the Damon Family trust unde r
Agreement dated August 11, 199 4
Eileen M . Damon, Truste e
State of
County of
On before me,
personally appeared , personally known to me (or proved to me o n
the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that b y
his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted ,
executed the instrument .
WITNESS my hand and official sea l
Signature (Seal)
Signatures continued on next page ...
ROY A . GARCIA and DOLLY H . GARCIA ,
Co-Trustees of the Roy A Garcia Family Revocabl e
Trust dated April 2, 1992
Roy A. Garcia, Truste e
Dolly H. Garcia, Truste e
Dolly H . Garcia, an individual
AITAGIldENT 2
Roy A . Garcia, an individua l
(This signature is provided for the purposes o f
releasing any community property interests Roy Garci a
may hold as spouse to Dolly Garcia)
State of
County of
On before me,
personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whos e
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed th e
same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument th e
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official sea l
Signature (Seal)
ATfACHMENT 2
EXHIBIT Al Permanent Easemen t
LEGAL DESCRIPTIO N
.\ utility casement, 10 .00 feet wide, over portions of the San Luis Obispo Suburban Tract in the Cit y
of San Luis Obispo and the southeast V4 section of Section 2, T31S, R12E, M .D . 13 . & M ., in th e
county of San Luis Obispo, State of California . The centerline of said easement being parallel an d
equidistant 15 .00 feet southerly to the centerline of the 20 .00 feet wide easement described in Boo k
3592, page 345, Official Records, in the County Recorder 's office, as document No . 68772 ,
conveyed to the City of San Luis Obispo and more particularly described as follows :
Beginning at a point located on the northwesterly property line of the 23 .5 acre parcel o f
land conveyed to the City of San Luis Obispo and recorded in official records of the offic e
of the County Recorder of the County of San Luis Obispo per Document No . 1999-056626 ,
said point being located a distance of426 .31 feet, N 46° 43 '01" E, along said northwesterly
property line from its intersection with the westerly section line of Section 1, said poin t
being the true point of beginning ;
Thence N 86° 32' 00" W, 114 .03 feet;
Thence N 63° 23' 45" W, 317 .43 feet;
Thence N 34° 24' 29" W, 415 .93 feet;
Thence N 52° 41' 11" W, 542 .50 feet ;
Thence N 56° 07' 59" W, 576 .69 feet ;
Thence N 54° 57' 11" W, 597 .13 fee t
Thence N 86° 52' 16"W, 97 .11 feet, more or less, to the easterly right-of-way line o f
that certain easement conveyed to the City of San Luis Obispo per Document Numbe r
35626, recorded in book 1920, page 684, official records in the office of the county recorde r
of San Luis Obispo County, State of California .
The sidelines of said easement being prolonged or foreshortened so as to terminate at thei r
points of intersection . Easement area is 0 .61 acres, more or less .
NO .5139 z
110/o 0
t ::\t)exumcnts and S etting s\slnuser\Desktop\Garcia Easmcnt\Pcrtnanant Easement Lq,al Description Rev 1 (030503).doc
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ATTACHMENT 2
'EXISTING 35 EASEMEN T
PER DOC . NO ..35626 ,
BOOK 1920,PG 684,0 .R .m
EXHIBIT `Bl '
PUBLIC UTILITY EASEMENT .
TO THE CITY O F
SAN LUIS OBISPO, CALIFORNI A
EASEMENT AREA = ±0 .61 ACRE S
CENTERLINE, EXISTING 20 'WIDE EASEMEN T
PER BOOK 3592, PG . 345 O .R .
CENTERLINE, 10 'WID E
PUBLIC UTILITY EASEMENT T O
CITY OF SAN LUIS OBISP O
CITY OF SAN LUIS OBIS O
23 .5 ACRE S
\DOC . NO .1999-056626 O .R .
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ATTACHMENT 2
PARCEL NO .: 076-391-005,007 (San Luis Obispo County )
PROJECT : City of San Luis Obispo - Digital Wes t
RIGHT OF WAY AGREEMEN T
(WITH ESCROW INSTRUCTIONS )
THIS AGREEMENT is made and entered into by and betwee n
Roy A . Garcia and Dolly H . Garcia, co-trustees of the Roy A . Garcia Family Revocable
Trust dated April 2, 1992 ; Dolly H . Garcia, a married woman ; and Douglas G . Damo n
and Eileen M . Damon, Trustees of the Damon Family Trust under agreement date d
August 11, 1994,
all hereinafter collectively called "Grantor," an d
The City of San Luis Obispo, a Chartered Municipal Corporation ,
hereinafter called "City ."
An Easement Deed covering the property rights particularly described therein, has bee n
executed concurrently with this Agreement and delivered to City representatives .
In consideration of which, and other considerations hereinafter set forth, it is mutuall y
agreed as follows :
1.The parties have herein set forth the whole of their agreement . The performance o f
this Agreement constitutes the entire consideration for said Easement .
2.The City shall :
A.PAYMENT - waive Planning Application Fees for a future Lot Line Adjustmen t
request with Certificates of Compliance to separate certain R-2 residential land on the Damon -
Garcia Ranch (Parcel I .D . 053-431-003) from the remaining portion of the Property ., which shal l
occur when title to said real property interests has vested in City free and clear of all liens ,
encumbrances, assessments, easements and leases, recorded or unrecorded, except for recorde d
public utility easements and public rights of way .
B.MISCELLANEOUS COSTS - Pay all recording fees incurred in this transaction .
C.PROPERTY RESTORATION - Generally restore the surface of the easement area s
described in the referenced Easement Deed to the condition that existed prior to City's Projec t
construction, to the extent reasonably practical, except in areas where surface appurtenance s
such as markers, manholes, and access vaults may be located .
D.INDEMNIFICATION - Indemnify, and hold harmless Grantor from any and al l
claims, damages, costs, judgments, or liability caused by City or its officers, employees or agent s
arising from City's Project construction and restoration work on Grantor's property or as a resul t
of the operation of City facilities on Grantor's property .
1
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ATTACHMENT 2
E .RECORDATION OF INSTRUMENT - Accept the Easement Deed herein reference d
and cause the same to be recorded in the office of the San Luis Obispo County Recorder at suc h
time as when clear title can be conveyed to the City .
3 . The Grantor :
A.LEASE INDEMNIFICATION - Warrants there are no oral or written leases on all o r
any portion of the easement areas described in the referenced Easement Deed, or if there ar e
any such leases, Grantor agrees to hold the City harmless and reimburse City for any and all of
its losses and expenses occasioned by reason of any lease of said property held by tenant o f
Grantor .
B.PERMISSION TO ENTER - Hereby grants to the City, its agents and contractors ,
permission to enter upon the easement areas described in the referenced Easement Deed, subjec t
to all applicable terms and conditions contained in this Agreement and the associated Easemen t
Deed prior to the recordation of the Easement Deed .
C.GRANTOR'S ENVIRONMENTAL CONDITIONS WARRANTY - To the best o f
Grantor's knowledge and belief, Grantor represents and warrants that throughout the period o f
ownership of the Property by Grantor, there have been no notices, directives, violation reports o r
actions by any local, state or federal department or agency concerning environmental laws o r
regulations . Further Grantor warrants that Grantor has no knowledge of any spill, discharge ,
release, cleanup or contamination of or by any hazardous or toxic waste or substance on th e
easement areas described in the herein referenced easement deed, during the term of Grantor's
ownership of the Property .
4 . The Parties agree :
A.TAXES - Any taxes which have been paid by Grantor, prior to recording of th e
Easement Deed, shall not be prorated between City and Grantor, but Grantor shall have the sol e
right after recordation, to apply to the County Tax Collector of said County for any refund o f
such taxes which may be due Grantor for the period after the communications facilities easemen t
conveyance is completed .
B.TRANSFER OF EASEMENT City hereby agrees to provide at least thirty (30)
calendar days' notice to Grantor prior to transfer of Easement . City hereby further agrees tha t
City shall not transfer the Easement without the approval of Grantor . Grantor hereby agrees to
give its approval, which shall not be unreasonably withheld, and shall provide notice of either its
approval or reasonable disapproval of the transfer of the Easement to City within five (5 )
business days of receiving the City's notice of the transfer of the Easement . Grantor's failure t o
provide notice within five (5) business days shall constitute approval of the transfer of th e
Easement .
2
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ATTACHMENT 2
C . ARTICLE HEADINGS,- Article headings in this Agreement are for convenience onl y
and are not intended to be used in interpreting or construing the terms, covenants and condition s
of this Agreement .
D.SUCCESSORS AND ASSIGNS - This Agreement shall apply to and bind the heirs ,
executors, administrators, assigns and successors of the parties heret o
E.COUNTERPARTS - This agreement may be executed in counterparts, each of whic h
so executed shall irrespective of the date of its execution and delivery be deemed an original, an d
all such counterparts together shall constitute one and the same instrument .
F.COMPLETE UNDERSTANDING - This Agreement constitutes the entir e
understanding between the parties with respect to the subject matter hereof, superseding al l
negotiations, prior discussions, and preliminary agreements or understandings, written or oral .
This Agreement may not be amended except in writing by the parties hereto or their successor s
or assigns .
G.CITY COUNCIL APPROVAL - This Agreement is subject to and conditioned upo n
approval and ratification by the City Council of the City of San Luis Obispo . This Agreement i s
not binding upon the City until executed by the appropriate City official(s) acting in thei r
authorized capacity .
No Obligation Other Than Those Set Forth Herein Will Be Recognized .
Signatures appear on following page ...
3
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ATTACHMENT 2
Continued from Page 4
SIGNATURES—RIGHT OF WAY AGREEMENT (WITH ESCROW INSTRUCTIONS):
GRANTOR :
ROY A . GARCIA AND DOLLY H . GARCIA,
CO-TRUSTEES OF THE ROY A . GARCIA FAMIL Y
REVOCABLE TRUST DATED APRIL 2, 199 2
Date :
Roy A. Garcia, CoTruste e
Date :
Dolly H . Garcia, CoTruste e
DOUGLAS G . DAMON AND EILEEN M . DAMON ,
TRUSTEES OF THE DAMON FAMILY TRUST UNDE R
AGREEMENT DATED AUGUST 11, 199 4
Date :
Eileen M . Damon, Truste e
MAILING ADDRESS OF GRANTOR :
C/O Dolly and Roy Garci a
547 Prado Road
San Luis Obispo, CA 93401
CITY :
CITY OF SAN LUIS OBISP O
Date : By :
MAILING ADDRESS OF CITY :
City of San Luis Obisp o
990 Palm Stree t
San Luis Obispo, CA 93401
4
3615 BROAD 053-431-00 3
CITY OF SAN LUIS OBISP O
GEODATA SERVICE S
955 MORRO STREE T
SAN LUIS OBISPO, CA 9340 1
(805) 781-7167
11/28/2011 11 :09
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