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HomeMy WebLinkAboutD2216 Communications Facility Easement on South Hills2@24@13311 ispo - County Clerk-Recorder 03 :29 Pl'l Elaina Cano San Luis Ob 05/ L7 12024 APNs 053-43 I -002 & 0s3-431-003 Exempt from recording fees - Govt. Code $6103 EASEMENT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Roy A. Garcia and Dolly H. Garcia, co- trustees of the Roy A. Garcia Family Revocable Trust A dated April 2, !9_92: Janet L Baird, Debbie Garcia-Bjerre. Londie L Padelsky, Ronnie R Garcia; @ Heidi A Ga..iuPdffifurtees of the Five G Irrevocable Trust; Eileen M Damon, trustee ofthe Damon Family Trust under agreement dated September 1 l, 1994, Survivors Trust; and Eileen M Damon, trustee of the Damon Family trust under agreement dated September 1 1,1994, Exemption Trust, hereinafter referred to as "GRANTOR," Hereby GRANT to CITY OF SAN LUIS OBISPO, a Chartered Municipal City, hereinafter referred to as ooCITY," ITEM I. A permanent communications facilities easement (the "Easement") with rights of ingress thereto and egress therefrom, to construct, maintain, operate, reconstruct, repair, remove, replace, increase andlor change the number (up to two fiber optic cables) of fibers, cables, appurtenances and incidentals thereto for communications facilities under, within, through and upon certain property in the County of San Luis Obispo, State of California, as particularly described and depicted on attached EXHIBITS A and B which are incorporated into this Easement Deed (the "Easement Area"). The City shall not add additional conduits to the Easement Area without Grantor's express prior written consent. This right of ingress and egress described above shall extend also to persons contracted by the City to perform work related to the purposes of the Easement stated herein. The Easement shall occupy the same phSrsical space as an existing water line easement granted to the City as depicted in the Easement Deed recorded on November 5, 2003, as InstrumentNo. 2003128690 in the Official Records of the County of San Luis Obispo. Relocation: This Easement and 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 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Information Technology Department City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 RecordEd at the request of: SAN LUIS OBISPO CXTY Titles: 2 Pages: 14 Fees: $0.00Taxes: $0.00Total : $0.00 Page I Damon-Garcia Easement Deed (APNs 053-43 I -002, 003) llll flt [ilf, ffiilli,fi li'fi Ltflil$lftilt ll ll I 12253\001\86 50914.v2 O^zzYb location, City's review and advanced approval of construction plans and specifications, and City's acceptance of replacement facilities constructed per such plans and specifications. Approval or denial by City shall be at City's discretion, not to be unreasonably withheld, conditioned, or delayed. In order to pursue any such future relocation, once Grantor' s communications facilities easement relocation proposal is approved by City, Grantor shall execute an easement deed to City conveying an easement over the alternative communications facilities route and may then pursue construction of the replacement communications facilities within said new easement in accordance with the relocation conditions of approval specified by City in conjunction with their approval of Grantor'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 to quitclaim this original easement. If no easement relocation occurs per the provisions specified herein, this Easement shall remain valid and effective in perpetuity. ITEM 2 City hereby agrees to provide a minimum of seventy-two (72) hours' notice to Grantor 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 via first class mail, facsimile, overnight mail, email, telephone, or any other electronic communication. ITEM 3 City shall have right to use the Easement solely for the limited purposes set forth above. City hereby (a) accepts the foregoing grant of the Easement and hereby expressly agrees to be bound by the terms, covenants and conditions contained in this deed; (b) accepts the Easement Area in its presently existing, "AS IS" condition; and (c) agrees that Grantor has made no representations or warranties to City of any kind or nature concerning the physical condition of the Easement Area. City shall exercise the use of the Easement at City's sole and complete risk. ITEM 4 City agrees that any'improvements constructed by City shall be done at City's sole cost and expense and in a good and workmanlike manner, and that no liens shall attach to all or any part of Grantor's property. City shall maintain and repair the Easement Area at its sole cost and expense, to the extent the maintenance or repair is made necessary by the City's use of the Easement Area. ITEM 5 This grant of Easement is made on the express condition that Grantor is to be free from all liability by reason of injury or death to persons or injury to property from whatever cause arising out of City's exercise of rights granted pursuant to this Easement or use of the Easement Area or of any improvements made by or personal property of City thereto or thereon. ITEM 6 Grantor and City acknowledge that Astound Broadband ("Astound") is a third-party beneficiary of this Easement with the same rights to the Easement Area as held by the City and subject to the same limitations stated herein. The Parties agree that Astound is a benefited party only to the extent that Astound possesses a right to use the City's communications infrastructure and network under a valid contract or partnership agreement with the City, and pursuant to the limitations stated therein. Nothing in this paragraph is intended to modify or limit the right of ingress and egress granted to persons contracted by the City to perform work related to the purposes of the Easement stated herein, as provided in Item 1. Page2 Damon-Garcia Easement Deed (APNs 053-43 l-002, 003)122s3\001\86 50914.v2 The terms and conditions of Easement deed shall run with the land and be binding upon the heirs and successors in interest to the parties hereto. Notwithstanding the foregoing, City shall not transf,er the Easement without the approval of Grantor. IN WITNESS WHEREOF Grantor has executed this Easement as of the day and year first above written. GRANTOR: GARCIA Y REVOCABLE TR T TED APRIL2,1992, By A. Date: Date Date: Date Date Date Date 7F ^khil&/,**By: Dolly fi . Gircia,Trustee THE FIVE G IRREVOCABLE TRUST By: J L. Baird, Trustee :Debbie B Trustee \ ieL adelsky, ie R. Garcia, Trustee d .THE d/2c2 >y' //h"- V c/ f4ara lD , 2)Lq 07 / /2 z J 5w \- Heidi A. Garcia Breese, Trustee FAMILY TRUST UNDER AGREBMENT DATED TRUST e+tujA74 - v:Eileen M. Damon,Janet L Date Baird ER 11, 1994, l1Pt,l .fu;t- of Attorney -Bc^i"J ,r^J< < ?onrr&Arl).o.""ar tt,tgg4, /NT DATED SBPTEMBER t ?, et.alp Attarne- By: r THE llecn M.Do.t+on T DAMON FAMILY L T EXEMPTI N TRUST Date: By: Eileen M.Trustee, by Janet L. Baird under Power of A D;r.onrTr vskec-rby J"-ne* L.9a\cA unAe< Page 3B'tr: ei \8650914.v2 Damon-Garcia Easement Deed (APNs 053-43 I v THE DAMON FAMILY TRUST UNDER AGREEMENT DATED SEPTEMBER II,I994, SURVIVORS TRUST .4;A- u,tilr, By: Eileen M. Damon, Trustee, by L. Baird of Attorney tu4*% Date THE DAMON FAMILY TRUST UNDER AGREEMENT DATED SEPTEMBER II,I994, EXEMPTION TRUST By: Eileen M. Damon, Trustee, by Janet L. Baird Power of Attorney Date Page 3 - Addendum Damon-Garcia Easement Deed (APNs 053-431-002, 003) W 12253\001\86 50914.v2 CERTIFICATB OF ACCEPTANCE rtcax w[t^xxs {.t ry Publk - C.llfml. San Luis Obispo County Conlnlsrion , 2atott2 (Official Notary Seal) Page 4 Damon-Garcia Easement Deed (APNs 053-43 l-002, 003) Pursuant to Ca. Govt. Code 527281, this is to certify that the interest in real property conveyed by this deed from Roy A. Garcia and Dolly H. Garcia, co-trustees of the Roy A. Garcia Family Revocable Trust dated April 2, 1992; Janet L. Baird, Debbie Garcia-Bjerre, Londie L. Padelsky, Ronnie R. Garcia; Heidi A. Garcia Breese, co-trustees ofthe Five G Irrevocable Trust; Eileen M. Damon, trustee of the Damon Family Trust under agreement dated September 17,1994, Survivors Trust; and Eileen M. Damon, trustee of the Damon Family trust under agreement dated September I 1,7994, Exemption Trust to the City of San Luis Obispo, a governmental agency is hereby accepted by order of the City Council of the City of San Luis Obispo on May 7, 2024, and the Grantee consents to recordation thereof by its duly authorized officer. In Witness Whereof, I have hereunto set my hand this 1 day of y'Ut rr- q ,2024. J CITY OF SAN LUIS OBISPO a corporation and charter city - A. ATTEST:AP VED S FORM Teresa Purrington, City Sadie City Attomey ACKNOWLEDGEMENT A Notary Public or other fficer completing this certificate verifies only the identily of the individual who signed the document to which this certificate is attached and not the truthfttlness, accltacy, or validity of thal doument. STATE OF CALIFORNIA ) couNTY oF sAN LUrS OBTSPO ) on (\o-q Q . 2"o &{ , before me,Megan Wilbanks. Notary Public, personally appeared Erica A. St6wart, Mayor, CITY OF SAN LUIS OBISPO, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by hisftrer/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal Conn,Fel ll, Megan lbanks, Notary Publ 12253\001\86 50914.v2 A Notary Public or othet' olrtcer completing this certificate verifies only the identitlt of the indivi&nl who signed the document to vhich this certificate is attached, and not the ntrthfulness, accurac)', or validiy of thol docunlent. State of California ) County of San Luis Obispo ) on o5\D-llaDeL\, before me,Notary Public, Date Name and Title of the Offcer personally appeared Sadie Symens Nanre ofSigner(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she /they executed the same in his/her/their authorized capacity(ies), and that by his/her/ signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Public z<rtN IEGAI{ WlLlAtlXS6ffi\ ttourv Publk - c.ttttrnta{ffi srnL;tsobbpocdntyw, :HI,l.j,Tj ;..,.11,,i,, Place Notary Seal Above Page 5 Damon-Garcia Easement Deed (APNs 053-43 l-002, 003)12253\001\86 50914.v2 A Notarl, Public or other fficer completing this certificate verifies onllt 7l1s identitlt of the individtral who signed the doctunent to v,hich this certifcate is attached, ond not the lruthfLrlness, acclrrecy, or validity of that (ocument. State of California ) County of San Luis Obispo ) on o5\ tu \ asaA , before me,IV\cqo.^ W\\\an\rS , N otary Public, DTte d Name and Titte of'the Ollicer personally appeared Roy A. Garcia Nome oJ Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she /they executed the same in his/her/their authorized capacity(ies), and that by his/her/ signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature lillzsznn-4,4il0-f Place Notary Seal Above A Notary Public or other ofticer.conrpleting this certifcate verifes only 7l1s identity of the individttal who signed the documenl to u,hich this certiJicate is attached and not the truthfuhtess, acutracy, or validiS, of that docunrent. State of Califomia ) County of San Luis Obispo ) VVbcarn \^\\^c-i^L..S -ftcritire ol Notary Pubtic v on o5l to\ aoag ,beforeme, Dale ) Name anct riile;1'th; ollicer ,N otary Public, Personally appeared Dolly H. Garcia Comm.rcb 2t,202t IEGAX W|LEAII(S {obry Publtc - Cilltomta Sin Luis OblsDo Counw Comrrisrton , 24EO8t i Name ol Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she /they executed the same in his/her/their authorized capacity(ies), and that by his/her/ signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Place Notary Seal Above Page 6 Damon-Garcia Easement Deed (APNs 053-431-002, 003) .di.^ ltEc.llt WlLEAllKS6ffi\ NoterY Pubttc - crrtonia(rcffi) Sah Lulr ObbF county W,:illE'#j#,'ff',l,, 12253\001\86 509t4.v2 Signature o./ Notary Public A Nokuy Public or other fficer conrpleting this certif cate verifes onht rhs identity of the individual u,ho signed the doantenl to u,hich this certificate is attached, and not the truth.firlness, accuracy, or validi6, of that doament. State of California ) County of San Luis Obispo ) on oslro\ aoaq , before me,Y(\or,o.rn \;J,\bo \rs Notary Public,) Date J No." and Title oJ'the Ollicer personally appeared Janet L. Baird Name of'Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she /they executed the same in his/her/their authorized capacity(ies), and that by his/her/ signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal Signature Signature oJ' Notary Public Place Notary Seal Above A Notarl, Pttblic or other officer contpleting this certificcrte verifies only 7l1s identity of the individual who signed the doamtent to which this certificate is attached and nor the truthfulness, acarac1,, or validily of thot doaunent. State of California ) County of San Luis Obispo ) on D5l og I po&ul , before me,Mo-cc"n- \,,.)\\ha n\ts , Notary Public, Personally appeared J Debbie Garcia-Bjerre Date Name and Title oJ the Ollicer Name ol Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she /they executed the same in his/her/their authorized capacity(ies), and that by his/her/ signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Place Notary Seal Above Page 7 Damon-Garcia Easement Deed (APNs 053-431-002, 003) Cmn.rrb ll, 20It flEGAtI WILBAXXS Not ry Publlc - Calltsnla 5.n lul3 Oblspo County Comftis3lm, 2,180812 12253\001\86 50914.v2 Signature oJ Notary Public A Notary Public or other oflicer conpleting this certiJicate veri"fies only 1l1s identity of the individual u,ho signed the doament to which this certi"ficate is attached, and not the tntth.fiilness, accltracy, or validity of that doamrent. State of Califomia County of San Luis Obispo on 05l ta\ ?oM , before me, YY\eqo-n \l.)\\\o.nleS , Notary Public, Dale \) Name aid Title ol'the Ollicer personally appeared Londie L. Padelsky ) ) Name ol Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she /they executed the same in his/her/their authorrzed capacity(ies), and that by his/her/ signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature ol Notary Place Notary Seal Above A Notary Public or other fficer conpleting lhis certificale veri,lies onbt ths identity of the individual u,ho signed the doctunent to u,hich this certificate is attached and not the truthfulness, accuracy, or validi\, of that doamrent. State of California ) County of San Luis Obispo ) o" od l of t &acl , before me,W\o qo,v\ \l.J\\\^.*-\rs ,N otary Public, )Na,ne and-Titte oJ tie OlJicerDote Personally appeared Ronnie R. Garcia Name o/ Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she /they executed the same in his/her/their authorrzed capacity(ies), and that by hislher/ signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal Signature ^ rrEGA)IWILBAXXSffi Hf fl"1'il1l;.'l'ir,Tl,'" \W.,:ilfll'#ii.',T1,',1,, Place Notary Seal Above Page 8 Damon-Garcia Easement Deed (APNs 053-431-002, 003)12253\001\86 50914.v2 Public A Notaryt Public or other of/icer completing this certi"ficate veriJies onllt 1l1s identittt o.f the individual who signed the document to u,hich this certificate is attached, and not the truthfulness, accuracy, or validi4, o.f that doamtent. State of Califomia ) County of San Luis Obispo ) on ofi I tol ,roa4 , before me,VlAaqa-n \di\U,c.rnlr-s , Notary Public, Date personally appeared \) Heidi A. Garcia Breese Name and Title ol the Ollicer Name o/ Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she /they executed the same in his/her/their authorized capacity(ies), and that by his/her/ signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal Signature Signature of' Notary Pub Iic Place Notary Seal Above A Notant Public or other fficer completing this certificate veri"fies only 7l1s identity of the individtral u,ho signed the douunent to which this certificate is attached oncl not the truthfulness, accuracy, or validity of that doament. State of California ) County of San Luis Obispo ) on Dd l t4 | aoa4 , before me,M4ccn \ [)\\\"&n\Ls ,N otary Public, Personally appeared ,llo^" *d-ritu of rie oilicir Janet L. Baird \rDate Conn. Erpl?.3 Frb Ir, 202t ,TEGAX wlLBANKS [otrry Public - Cnltforntt 5.n Luis Obitpo Counttt CoftDhit.n t ?,l,aOlti Name oJ Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she /they executed the same in his/her/their authorized capacity(ies), and that by his/her/ signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal Signature Place Notary Seal Above Page 9 Damon-Garcia Easement Deed (APNs 053-431-002, 003) $n Luis Obispo County Commbstm f 2{808t2@, TEGAX wil_8ANKS PublicNot.ry C.llttrnl. Comm.FcbErplrA 202828, 12253\001\86 50914.v2 Signature oJ Notary EXHIBIT A LEGAL DESCRIPTION OF EASEMENT AREA (TO BE ATTACHED) Page l0 Damon-Garcia Easement Deed (APNs 053-43 I -002, 003)12253\001\86 50914.v2 Exhibit A Pcrmanent Eascmcnr L,EGAL DESCRIPTION ;\ urility cascnlcnr, 10.00 fcct rvidc, ovcr portions of tlrc 5an Luis (.)bispo Srrl>urban 'l'ract in tlrc Ciiy g[San Luis Obispo and elrc southcasr % secrion of Scction 2, T3lS, Rl28, N'l,D. B. & M., in thc counry of Snn l-uis Obispo, Statc of California. Thc centerlinc of said cascmcnt bcing parallcl and equidistant 15.00 fcct southcrly to (hc centcrlinc of the 20.00 fcct widc cascmcnt dcscribed in Book 3d92, pagc 345, Official Records, in the Counry Recorder's officc, as documcnt No. 68772, conveycd ro rhc Ciry of San Luis Obispo and morc particularly describcd as follorvs: Beginning at a point locatcd on the northwcsrerly propcrry Linc of thc 23.5 acre parccl of land conveyed to the City of San Luis Obispo and rccordcd in offrcial records of thc office of the County Recorder of thc County of San Luis Obispo pe r Documcnt No. 1999-056626, said point beiog located a disnncc of 426.31 feet, N 46" 43' 01" E, along said nonhwesrerly propeny line from its interscction with thc westcrly scction line of Section 1, said point being the true poinr of beginning: Tlrcncc N 86o 32'00" rJf, 114.03 fcet; Thcncc N 63o 23' +5" V, 31?.43 fcct; Tlrencc N 34" 24' 29" W. 415.93 feet; Thcncc N 52" 4'l' 1 l '' W, 542.50 fcct; Thcncc N 56" 07'59" \il, 576.69 feet; Thcncc N 54" 5?' 11" \(1,597.13 fecr Thencc N 86o 52' 16- W, 97.11 fcet, morc or lcss. to thc castcrly rightof-way linc of that ccrtain eascment convcycd to the City o[ San Luis Obispo per Document Number 35626,recorded in book 19?.0, page 684, official records in the ofEce of thc county recorder of San Luis Obispo County, Satc of California. The sidelincs of said easemcnt being prolonged or foreshoncned so as to terrninate at their points of intcrsection. Eascment area is 0.61 acres, more or less. N0.5139 u ,"/*1/"? EXHIBIT B MAP OF EASEMENT AREA (TO BE ATTACHED) Page I I Damon-Garcia Easement Deed (APNs 053-43 l-002,003)12253\001\86 50914.v2 Exhibit B 'IXISTiNG J5, TASEN4INT PIR DCC. NC. 35626, S00li 19.1(t, P(l 684,().R.--*.PUBLIC UTILITY EASIMENT TO THT CITY OF SAN LUIS OBISPO, CALIFORNIA tAStMtNT ARIA = i0.61 ACRTS CINTERLINE, IXISTING 20' WIDT TASEMENT PIR BOOK J592, PG. J45 O.R. 1 5' OFFSET N \ N86"52'1 6"W 97.11' N54'57'1i "W 597.13' N56'07'59"W 576.69' sE 1/4 Ar StC, 2 T31S., R12t., M.D.B. & M. N52'41'11"W 542.50' CENTERLINE. 10' WDE PUSLIC UTILITY EASEMENT TO CITY OF SAN LUIS OBISPO N34'24'29"W 415,93' N63'23'45"W 317.43' N86'32'00"W 114.0J' t.Doc. No "-t"S"','"ts$ 9f'' (4". TPOB LOI 87 s.1.0. SUBUBEAN TRACT PROPERTY LINE q",'^{fr^L ,''St../ z\/ CITYt ,r\ N46'+3'01" 426.31' OF' SAN LUIS O 2J.5 ACRTS 1999-056626 0.R. / "/ ,/ ,/,/ ,"4' 'l,'"{::?tl ,zr:rt)'O1' END OF DCCUUIENT