HomeMy WebLinkAboutDamon-Garcia Ranch Communications Infrastructure Maintenance - Easement Agreement_APNs 053-431-002, 003EASEMENT AGREEMENT
THIS AGREEMENT is made and entered into by and between
Roy A. Garcia and Dolly H. Garcia, co- trustees of the Roy A. Garcia Family Revocable
Trust dated April 2, 1992; Ianet L Baird, Debbie Garcia-Bjerre, Londie L Padelsky, Ronnie R
Garcia; HeidiA Garcia, co-trustees of the Five G Irrevocable Trust; Eileen M Damon, trustee of
the Damon Family Trust under agreement dated September I l, 1994, Survivors Trust; and Eileen
M Damono trustee of the Damon Family trust under agreement dated September 71, 1994,
Exemption Trust, all hereinafter collectively called " Grantor," and
The City of San Luis Obispo, a Chartered Municipal Corporation, hereinafter called "City."
WHEREAS, an Easement Deed covering the property rights particularly described
therein, has been executed concurrently with this Agreement and will be recorded in the Official
Records of the County of San Luis Obispo (hereinafter, the "Easement Deed"); and
WHEREAS, the Easement is necessary for the City's fiber optic network and to move
forward with the long-standing plan to create a fiber optic "ring" around the City to improve the
speed and reliability of both emergency communications and standard City communications
functions. The easement is also necessary for the City to be able to honor its agreement with Digital
West, which has contracted with the City for access to the conduit for their network; and
WHEREAS, the Easement occupies the same physical space as an existing water line
easement granted to the City as depicted in the Easement Deed recorded on November 5, 2003, as
Instrument No. 2003128690 in the Official Records of the County of San Luis Obispo (the
"waterl ine easement.")
In consideration of which, and other considerations hereinafter set forth, it is mutually agreed as
follows:
l. The parties have herein set forth the whole of their agreement. The performance of this
Agreement constitutes the entire consideration for said Easement.
2. The City shall:
a. PAYMENT - Pay to the order of the Grantor the sum of Thirty-Thousand Dollars
($30,000), as consideration in full for the real property interests being conveyed in
the referenced Easement Deed. Said sum shall be paid within thirty (30) days of the
recordation of the Easement Deed.
b. MISCELLANEOUS COSTS - Pay all recording fees incurred in this transaction.
c. PROPERTY MAINTENANCE - Generally maintain the surface of the easement
areas described in the referenced Easement Deed at the condition as it exists at the
time of execution of this Agreement, to the extent reasonably practical. City shall
not be responsible for maintenance or repairs to damage of the surface of the
easement areas not caused by the City or its contractors.
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Damon-Garcia Easement Agreement (APNs 053-43 I -002, 003)4890-8688-3765, v.2
d. TNDEMNIFICATION - Indemnify, and hold harmless Grantor from any and all
claims, damages, costs, judgments, or liability caused by City or its officers,
employees, invitees, and agents arising from or as a result of the operation of City
facilities on Grantor's property.
e. RECORDATION OF INSTRUMENT - Accept the Easement Deed herein
referenced and cause the same to be recorded in the office of the San Luis Obispo
County Recorder upon assurance that clear title can be conveyed to the City.
3. LEASE INDEMNIFICATION - Grantor warrants there are no oral or written leases on all
or any portion of the easement areas described in the referenced Easement Deed, except
for the waterline easement granted in favor of the City, or if there are 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 ofany lease ofsaid property held by tenant ofGrantor.
4. The Parties agree:
a. TRANSFER OF EASEMENT - City shall not transfer the Easement without the
approval of Grantor.
b. MODIFICATION FOR RECORDATION -The Parties agree that, should the Clerk
Recorder for the County of San Luis Obispo reject recordation of the Easement
Deed, the Parties will reconvene and modify the Easement Deed and/or execute
additional document(s) to the extent necessary to allow recordation. Any such
modification or additional document execution under this Provision shall
substantially retain the Parties' respective rights and obligations set forth in this
Agreement.
c. ARTICLE HEADINGS - Article headings in this Agreement are for convenience
only and are not intended to be used in interpreting or construing the terms,
covenants and conditions of this Agreement.
d. SUCCESSORS AND ASSIGNS - This Agreement shall apply to and bind the heirs,
executors, administrators, assigns and successors of the parties hereto.
e. COUNTERPARTS - This agreement may be executed in counterparts, each of
which so executed shall irrespective of the date of its execution and delivery be
deemed an original, and all such counterparts together shall constitute one and the
same instrument.
f. COMPLETE UNDERSTANDING - This Agreement and the Easement Deed
constitutes the entire understanding between the parties with respect to the subject
matter hereof, superseding all 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 successors or assigns.
g. CITY COL|NCIL APPROVAL - Prior to signing, the Agreement will be approved
and ratified by the City Council of the City of San Luis Obispo. This Agreement is
not binding upon the City until executed by the appropriate City official(s) acting
in their authorized capacity.
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4890-8688-3765,v.2 Damon-Garcia EasementAgreement (APNs 053-43 l-002,003)
No Obligation Other Than Those Set Forth Herein Will Be Recognized.
GRANTOR:
ROYA. GARCIA REVOCABLE TRUST DATED APRrL 2,1992
By: Roy Garcia, Trustee
/!a%d/&r**
By: Dolly (L. Garcia,Trustee
THE FIVE G IRREVOCABLE TRUST
/',.*3t"<4;/
By: J Baird, Trustee
u
By: Debbie Garcia-erre, Trustee
Date 71as // 1o Lar
Date:a
,ur",H4 ol y)ry
oate: /\A^lst,t-z/ /). z-:z/lrL. Padelsky,
f4^- 6 Zrl
Ronnie Trustee /
Date: f\a-,,t lD ,?OLl
A. Garcia Breese, Trustee J
THE DAMON FAMILY TRUST UNDER AGREEMENT DATED SEPTEMBER II.,I994,,
SURVIVORS TRUST ao-lAe4EA a,.Yn 6 /+,2o2'l
Oate:Y/4 /o/ 23eq
By: Eileen M. Damon, Trustee, by Janet L. Baird under Power ofAttorney
by: f,,\Len n{.}at'\.,n, Tr.rel-ca, byTc.,^rfL, E*..u+ [.tnJer Pcrw.c "* ag-}to,*/
THE DAMON FAMILY TRUST UNDER AGREEMENT DATED SEPTEMBER IIO 1994'
"HWVtr"rU u4-,42)-tu?ry.r42o^et
@ oate:-@/alpAy'
Bv: Eileen M. Damon. Trustee. bv Janet L. Baird under Power of Attornevdi,;ri;fr .i5J;x",Tii*iiyIi;et"l-:bi'".J}:;i{tdi-o-f $*o'n'7
ISIGNATURES CONTINUED ON NEXT PAGq
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Damon-Garcia Easement Agreement (APNs 053-43 l -002, 003)4890-8688-3765, v.2
MAILING ADDRBSS OF GRANTOR:
Heidi Garcia Breese
1479 Boxwood Court
San Luis Obispo, CA 93401
CITY:
CITY OF SAN LUIS OBISPO
By: Mayor Erica A. S
ATTEST
Teresa Purrington, City
APPROVED AS FORM
Symens City Attorney
MAILING ADDRESS OF CITY:
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Date:5-1-2oA
Date 5 -1- l'oall
s- 7- 70711Date
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Damon-Garcia Easement Agreement (APNs 053-43 l -002, 003)4890-8688-3765, v.2