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Home My WebLink AboutD-1568B Slack Street - 073-341-008 Recorded 01/25/2002Recording Requested By: ALPINE PCS Operating, LLC When Recorded Please Return to: City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, Ca 93401 • JULIE RODEWALD San Luis Obispo County— Clerk/Recorder Recorded at the request of Public Doc #: 2002006506 CONSENT TO COMMON USE AGREEMENT MF 1/25/2002 11:04 AM Titles: 1 Pages: 8 Fees 28.00 Taxes 0.00 Others 0.00 PAID $28.00 APN 073 - 341 -008 THIS AGREEMENT is� de' and entered into in the City of San Luis Obispo on this day of O�U by and between the CITY OF SAN LUIS OBISPO, a municipal corpora ton, hereinafter referred to as City, ALPINE PCS Operating, LLC, a Delaware limited liability company, hereinafter referred to as Alpine, and Scott D. Stimson and Barbara M. Stimson, husband and wife, as joint tenants whose address is 2100 Slack Street, San Luis Obispo, hereinafter referred to as Owners. WITNESSETH: WHEREAS, the City is the owner in possession of certain rights of way and easements, herein referred to as "City's easements ", and described as follows: I. An easement for the purpose of construction a water tank and waterline as shown on record of survey map recorded April 9, 1956 in Book 8, at Page 8, of Record of Survey. 2. An easement for street and utility purposes as recorded September 7, 1978, in Book 2098, at Page 632, of official records. WHEREAS, Alpine has acquired a Communications Site Lease Agreement with the Owners for location of mobile/wireless communications facilities within the property which includes the City easement. WHEREAS, the Alpine mobile/wireless communication facilities occupies a portion of the City's easement as shown on Exhibit "A" attached hereto and made a part hereof. D ��gb Agreement Page 2 NOW THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: 1. USE OF SITE. That the City hereby consents to the construction, maintenance and use by Alpine for mobile/wireless communication facilities upon the City's easement in the area of common use upon and subject to the terms and conditions herein contained. 2. CITY EASEMENTS. Alpine acknowledges the City's title to City easements in said area and the priority of City's title over the title of Alpine therein. The City has and reserves the right and easement to use for all the purposes for which City easements were acquired. 3. FACILITIES CONFLICTS. Alpine shall submit plans to the City for review and approval prior to any construction. The City reserves the right to lay, construct, repair alter, relocate and maintain subsurface, surface or other improvements of any type within the City easements described above. If the City finds that the location or relocation of such subsurface, surface, or other improvements conflicts with Alpine facilities constructed or maintained under this agreement, whether such improvements were constructed before or after the improvements of the City, Alpine shall relocate permanently or temporarily, as directed at the sole discretion of the City Utilities Director, any such facility at no expense to -the City upon receipt of a written request from the City Utilities Department to do so and shall commence such work, by beginning engineering, surveying or other pre - construction activities, on or before the date specified in such written request, which date shall not be less than thirty (30) days from receipt of such written request. Alpine shall thereafter diligently prosecute such work to completion. Should Alpine neglect or fail to relocate its facilities in a timely manner after receipt of any such notice, Alpine shall be responsible for and shall reimburse the City for any and all additional costs or expenses incurred by City due to or resulting from such delay in the relocation of the facilities plus, where applicable, the current rate of overhead being charged by the City for reimbursable work. '4. ACCESS TO SITE. Alpine shall have the right to use the access road for ingress and egress to the mobiletwireless communication facilities site for construction and maintenance activities. The City shall not unreasonably restrict access to the site. Per the agreement between the Owners and Alpine, any damages to the access roads caused by Alpine shall be repaired at their sole cost. In addition, maintenance of the access road, per the referenced agreement, shall be shared equally between all parties using the site. • Agreement Page 3 5. HOLD HARMLESS AND INDEMNIFICATION. Alpine agrees to defend, indemnify, protect and hold the City and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property; including injury to Alpine's employees, agents or officers which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of Alpine, and its agents, officers or employees, in performing the work associated with their facilities or access to their facilities, and all expenses of investigating and defending against same; provided, however, that Alpine's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers or employees. 6. ASSIGNMENT. Alpine shall not transfer or assign any of the rights or privileges granted herein, except upon the written consent of the City and Owners. The City's consent shall not be withheld without cause. 7. AMENDMENTS. Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Administrative. Officer of the City. 8. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto.. 9. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: City Utilities Director City of San Luis Obispo 879 Morro Street San Luis Obispo, CA 93401 Alpine Alpine PCS Operating, LLC 3220 South Higuera Street, Suite 102 San Luis Obispo, CA 93401 Owners Scott D. & Barbara M. Stimson 2100 Slack Street San Luis Obispo, CA 93405 10. AUTHORITY TO EXECUTE AGREEMENT. The City, Owners and Alpine do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. • • Agreement Page 4 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. ATTEST: APPROVED AS TO FORM: / %.. CITY OF SAN LUIS OBISPO, A . Municipal Corporation By: 1'n City Adgi nistrative . fficer OWNERS Scott D. Stimson & Barbara M. Stimson, husband and wife, as joint tenants I• - ALPINE PCS OPERATING, LLC By:. 1 1PN: 052. 271-007 • Exhibit A GRAPHIC SCALE trEEe I - ,Yp:•Eil aaE W•qT T) LEGEND ALPINEp@, nroeraRano nwm - - -�- - :woaeRCU,m Taen.oNe urovaxov.o ILlL„4U,1 OURRENT MME DATE: C11/04/01 6CUED POR.. CFINAL LUP RE V �ATE:� ESOR1PT10N:�Y. - VtO�a6ROU,06M -� -- !1'TC ppMpwRY La! •OrtDELMC - rROPpETY LJX! ATlRMLC (PIJ p ROOD L.,tINT 7x wIE XrpgwNT pO rum vwLVe E7 ..wm Nnea , •10 C11vnT1PN nrTw w(.OXLRETe •, .VATGN wT.IO.a.n.e ao� •. •vwTIONwTEDGlw MYWCXT ,SROf ,SR 4lVwT1PX wT XATVrtwL ORPNO GMTCWRDE OTRICT ALPINEp@, PRO.PLT MPORMATION: NEAR CAL POLY 2100 SLACK STREET SAN LUIS OBISPO. CA 93405 SITE NO.: SLO124A OURRENT MME DATE: C11/04/01 6CUED POR.. CFINAL LUP RE V �ATE:� ESOR1PT10N:�Y. - FF4- PLANE PREPA"= DY . nn DESIGN & DEVELOPMENT CONSULTANT: SM1iH CONM" Otmg4q Dwlora hr. P.O.. DOE aim BMW= C• DECO PHDX (0)1)303Qri 9 . N BY: CMECK _APPROVE: KSK BB LICENSER TAYLOR & SYFAN CONSULTING ENGINEERS INCO-OaAIED T,E NiW r:N•�Y• f•k /SO •SX� M.:4wG OR: TELPIq @im • � sT.�l•IwY� tl] -}g IDt M•Y� r,.lp•• MX.I�OsG Or@ tT1 Pmt a]Tn.pegslr.t�i . rwalEml SIDdme .w.gryr.v. S.QT TITLE . SITE PLAN C -1 /off z • AREA PESCIRlTION ALL THAT PORTION OF THE SOITH WEST OUARTER OF THE SOUTHFIEST OF SECTION 25, WN TOSHIP 50 SOUTH. RANGE 12 EAST. MDB.A M. N THE COUNTY OF SAN LUIS OBISPO, STATE OF GALFORNUA SHOWN AS ASSESSOR'S PARCEL NO. 07 S -34 1 -006, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCni6 AT THE SOUTHrEST CORNER OF SAID PARCEL NO 015 -54 1 -006, THENCE 9 66'07'01' E ON AND ALONG THE SOUTH LINE OF SAID PARGq A 015TANCE OF 796.51 FEET; TMENGE N 1'5651' E A DISTANCE OF 1 SL4 FEET TO THE TRUE POINT OF BE6H 7146; THENCE N 60'2155 - FL A 015TANCE OF 20.15 FEET; THENCE N 24'5 6171' E. A De5TANCE OF OILS FEET; THENCE 9 6021'53' E, A DISTANCE OF 20.15 FEET; TMENGE S 24'56'0 T K A DISTANCE OF 6.65 FEET TO THE POINT OF 0E611d4N6. CONTAem/b 175 SMARE FEET, MORE OR LESS. TOGETHER WITH RLSHTS OF N6RES5 AND EGRESS TO SAID LEASE AREA T06ETHER WITH EASEMENTS OF VARYN6 MOTHS FOR UNDERASROUID UTLITE5 TO SAW LEASE AREA NOTES ONNER: SCOTT D.1 BARBARA K ST04WH AFN:015- 541 -006 THE INFORMATION SHOWN HEREON 15 BASED UPON A FIELD • VEY AMP A GOMPLATION OF AVAILABLE RECORD AND TITLE INFORMATION IINLES5 NOTED OTHERWISE, PROPERTY LINES ARE DERNED FROM RECORD INPORMATIOR THIS B NOT A BOUNDARY SURVEY. THE EASEMENTS (F ANY) THAT APPEAR ON THIS MAP NAVE BEEN PLOTTED BASED SOLELY ON INFORMATION CONTAINED N THE PRELIMINARY TITLE REPORT BY, FIDELITY NATIONAL TITLE GODFARY. ORDER NO. 126545. PAYED ZLY 14, 2000. THE UNDER6ROUIID VTILITIES(IF ANY) THAT APPEAR ON THIS MAP HAVE BEEN LOCATED BY FIELD OBSERVATION. THE SURVEYOR MARES NO 64JARANTEE THAT THE UNPER6ROND LITLRFS 5140141 COMPRISE ALL 9" UTILTTES N THE AREA, EITHER N SERVICE OR ABANDONED. THE SURVEYOR FURTHER DOES NOT WARRANT THAT THE UNDERGROUND 11TY.)TIES SHOWN ARE N THE EXACT LOCATION IXFVATED ALTHOU614 HE DOES STATE THAT THEY ARE LOCATED AS ACCURATELY AS POSSIBLE FROM THE INFORMATION AVAILABLE. THE LATITUDE AND LOHGRUDE AT THE CENTER OF THE PROPOSED ANTENNA WAS DETERMINED BY 6PS OBSERVATIONS. LAT. 55' 1 T4S.1' N NAD 63 LONG. 120'56'54.4' W. NAP 63 ELEV. 5260 HAVD 66 (SA55 OF DRAWING) LAT. 55' 1 1'45.W R NAD 21 LONG. 1205651 VIM "AD 21 ELEV. 525.1 N6VD 24 The IniaWMtbn ehmn above meet* or exceeds the enle regWntS let forth In FAA order 6260.140 for 1 -A eeT4faea (s 1 T horteoDIIU y and a 5'vertl"V. T11e horlrantal datum (000rdlftte )are expressed ae de0'en. MWiLes and WCond4 to the neatest tenth Of a W-nd The vertlyd datum (helphte) are axpreaaed In feet and dadmols tnereaf and are detcmined to the newest 0.1 foot CONTOUR INTERVAL- 7 VICINITY MAP NOT TO SCALE • PORTION OF SW 1H OF SW 1K SEC 24, T 30S. R 12 E. M.D.M. SITE SLACK ST ^e e APN: 052 - 271 -002 HAYS ST A 0"? `FS MCCOLLUM . MIxOLLUM MONTEREY HEIGHTS HOPE ST KEY MAP 1+201 zZ z CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of Cal County of On ZaIZ71611 before me, ate m personally appeared 5�w ✓� LPRRICE Co0447 Notaifornia Sanunty WCo21,2M3 Place Notary Seal Above 1 ss . A and Title of 91M�� Name(s) of Signer(s) ❑ personally known to me )' proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that here /they executed the same in hasAaer /their authorized capacity(ies), and that by I•ri�/their signature(s) on the instrument the on(s), or the entity uponalf of which e p son(s)_ acted, execute the in5biff%nt WITNEJ`S�ny ha ouch stab Signature of Notary OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Docu Title or Type of Document: Document Date: Signer(s) Other Than Named Capacity(ies) Claim Y ig is Name: dividual Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: 9 0 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 Prod. No. 5907 Reorder: Call Toll -Free 1 -800 -876 -6827 • State of California County of San Luis Obispo ACKNOWLEDGMENT } } ss. } • On Tanuary 91h , 2002, before me, Aleen Reid a Notary Public, personally appeared tea.- e- s P. e r 0 z-- personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/&W executed the same in hisAier- authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. ALEEN REID .� Comm. # t 262689 r^ N NOTARY PUBLIC-CALIFORNIA San Luis Obispo County My Comm. Expires May 4, 2004 State of California County of San Luis Obispo 6E&0_� ;R Z J_ Notary ACKNOWLEDGMENT } } ss. } On , 2001, before me, , a Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he /she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. Notary END OF DOCUMENT