HomeMy WebLinkAboutDamon-Garcia Ranch Communications Infrastructure Maintenance - Easement Deed_APNs 053-431-002, 003RECORDING REQUBSTBD BY AND
WHEN RECORDED RETURN TO:
Page I
Damon-Garcia Easement Deed (APNs 053-43 1-002, 003)
'--,-'l'
Information Technology Department
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
APNs 053-431-002 & 053-431-003
Exempt from recording fees - Govt. Code $6103
BASEMENT 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
dated April 2,1992; Janet L Baird, Debbie Garcia-Bjerre, Londie L Padelsky, Ronnie R Garcia;
Heidi A Garcia, co-trustees of the Five G Irrevocable Trust; Eileen M Damon, trustee of the Damon
Family Trust under agreement dated September 11,1994, Survivors Trust; and Eileen M Damon,
trustee of the Damon Family trust under agreement dated September I 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 "CITY,"
ITEM 1. A permanent communications facilities easement (the "Easement") with rights of ingress
thereto and egress therefrom, to construct, maintain, operate, reconstruct, repair, remove, replace,
increase and/or 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 pafticularly 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 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.
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 altemative Easement
12253\001\86 50914.v2
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 tetms, 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 E,asement stated herein, as provided in Item 1.
Page2
Damon-Garcia Easement Deed (APNs 053-43 l-002, 003)12253\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 transfer the Easement without the approval of Grantor.
IN WITNESS WHEREOF Grantor has executed this Easement as of the day and yedr first above
written.
GRANTOR:
R GARCIA F'Y REVOCABLE TR D TED APRIL2,t992,
By A stee
By: Dolly ia, Trustee
THE FIVE G IRREVOCABLB TRUST
By: J L. Baird, Trustee
Debbie Trustee
Date
Date
Date
Date
Date
7F
7 /
/a
a/
T >(/
L. Padelsky,
v ie R. Garcia, Trustee
/
out", /h v zvw
d Date
B Heidi A. Garcia Breese, Trustee
THE DAMON FAMILY TRUST UNDER AGREEMENT DATED SEPTEMBER 11, 1994,
SUR RS TRUST ly,ua,17rl -
Date:,/a tua
Eileen M. Damon, Trustee, by Janet L. Baird under Power of Attorney
EXEMPTION TRUST
5y: f llecn M.Dg"r.oon 11vv9l-erbyfc.,..<,\ L-Bc^i.) r..,.)c < Par.>cra* +$-rc,fl
THE DAMON FAMILY TRUST UNDER AGREEMENT DATED SEPTEMBER II,I994, /
(fr-a42fr4 .l:Vne-Ab l ?, apa-*
Dut",qry/a/2e&*
By: Eileen M. Damon, Trustee, by Janet L. Baird under Power of Attorney
Ait ai lec.n t\.D-cv. on,Tr,.t3ke., by J;-\.J. r'
- gcGa ;^e; P;\^,€r 4 Atlarne'y
12253\001\8650914.v2 Damon-Garcia Easement Deed (APNs 053-431-002,003)
CERTIFICATE OF ACCEPTANCE
Pursuant to Ca. Govt. Code $27281, this is to certifu 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; HeidiA. Garcia Breese, co-trustees ofthe Five G Irrevocable Trust; Eileen M. Damon, trustee
of the Damon Family Trust under agreement dated September 1 1, 1994, Survivors Trust; and Eileen
M. Damon, trustee of the Damon Family trust under agreement dated September 1 7 ,1994, 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 41c.^ ,2024
)
CITY OF SAN LUIS OBISPO,
a mun icipal corporation and charter city
-
ca A.Mayor
ATTEST VED FORM
Teresa Purrington, City C Sadie S City Attorney
ACKNOWLEDGEMENT
A Notary Public or other officer completing this certificate verffies only the identily of the individttal who signed
the document to which this certificate is attached and not the truthftrlness, accrffacy, or validity of that document.
STATE OF CALIFORNIA
COLTNTY OF SAN LUIS OBISPO
on {\q.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 his/her/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 officialseal.
Megan lbanks, Notary Publ (Official Notary Seal)
Page 4
Damon-Garcia Easement Deed (APNs 053-43 l-002,003)
Cmn,frt ll,
rEcax wtLa^xxs
l{.t ty Pubtk - Callfornlr
S.n Luis Obispo County
Conlnlsrim f 2al0ll2
t 2253\001\86 50914.v2
A Notary Public or other olrtcer contpleting this certificate veriJies onlv the identity of the individual who signed the dourment
to whiclt this certificate is attached, and not the truthfulness, accurac)', or validity of that document.
State of California )
County of San Luis Obispo )
on o5\o-ll aoaq, before me,Notary Public,
Date
personally appeared
Name and Title of the Offcer
Sadie Svmens
Name 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 Place Nolary Seal Above
ztsr- IfEGAII WILIAXKS
ffi)Hfr,ist;':'J,H"FWp cmmtssion izreoari-rslrz ly Cmm. Erptrt|' Fcb ll, l02l
Page 5
Damon-Garcia Easement Deed (APNs 053-43 l-002, 003)12253\001\86 50914.v2
A Notcul, Public or other officer contpleting this certificate verifies only the identity of the individual who signed the docunent
to v,hich this certificate is attached, and not the trutllfulness, accuracy, or validi4, of that (oument.
State of California )
County of San Luis Obispo )
on 05\ tb\ abal\, before me,N\coo.rn W\W.*^tu.t , Notary Public,
Date \) Name and Title oJ the Ollicer
personally appeared Roy A. Garcia
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 Califomia that the
foregoing paragraph is true and correct.
TEGAX WILEATKS
WITNESS my hand and official seal @,
ilotrry Publk . Calllrnla
Sin Luir Oblspo County
Comnlsilon , 2at0t t z
Cmm.F!b 202t
Place Notary Seal Above
A Notaty Public or other officer.conpleting fhis certifcate verifies only rhs idenfin, of the individual v,ho signed the document
to which this certifcate is attached and not the truthfulness, accurecy, or validity of tltat document.
State of California
County of San Luis Obispo
Signature wtxsaan-4A//kLfffin'u
o" oSlto\ aoag ,beforeme,
Date
)
)
Notary Public,
Name and Title ol the Ollicer
Personally appeared Dolly H. Garcia
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 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)
Feb 202tCmn.
flEGAll WtLBAilXS
ilotrry Public - clllfo.nir
San Lulr ObisF County
Cornmlsslon * 2480812
12253\001\86 50914.v2
Signature oJ'Notary Public
A Notaty Ptrblic or other fficer completing this certifcate verifies onllt 7l1s identity of the individtral u,ho signed the doantent
to u,hich this certificate is attoched, and not the truth.firlness, accuracy, or validiry of that docunent.
State of California )
County of San Luis Obispo )
on oel ro\ aoaq,beroreme,
Date Name and Title ol the Ollicer
personally appeared Janet L. Baird
Notary Public,
Nome 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 Califomia that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Signature o/' Notary Public Place Notary Seal Above
A Notary Public or other fficer completing this certifcate verifies only ills identitlt of the individtral who signed the docttnrent
to which this certificate is attoched and not the n'uthfirlness, accuracl,, or validily of thot docmnent.
State of California )
County of San Luis Obispo )
on b5l Og I 3o&4 , before me,
Name and litle ol the Ollicer
Notary Public,
Date
Personally appeared Debbie Garcia-Bjerre
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 Califomia 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)
Cmm.r.b 2E, 202E
UEGA}' WILBAXXS
l{otary Publlc - Catlfanla
S.n Lulr Oblspo County
Cmnl33lon , 2.tt08'12
12253\001\86 50914.v2
Signattrre o.l Notary Public
A Notary PLrblic or other fficer conpleting this certifcate verifies only 1l1s identitl, of the individual who signed the doamtent
to v,hich this certiJicate is attached, utd not the truthfulness, accuracy, or validity of that doument.
State of California )
County of San Luis Obispo )
ott D5 I ta\
"o&.l,beforeme,
Yf\cqon \D\\Lo.nleS , N otary Public,
Date 0 Name and Titte of'the Ollicer
personally appeared Londie L. Padelsky
Nane 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
f,EG^X WLBANI$
llot ry Publlc - Calttornla
S.n Luts Oblspo Counw
Commlsston I ZqeOUi
Feb 28, 202E
Signature
Signature oJ'Notary Place Notary Seal Above
A Notary Public or other fficer contpleting this certifcate verifes only 7l1s iclentily of the individual v,ho signed the doarntent
to u,hich this certifcate is attached and nol the truthfulness, accLracy, or validi4t of that doctunent.
State of California
County of San Luis Obispo
on o5 I oZ I aaq , before me, W\o qar.\ \,r.J\\\^orr\fs , Notary Public,
)Name and Titte ol the Ollicer
f,onrm.
)
)
Date
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 authonzed 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 8
Damon-Garcia Easement Deed (APNs 053-431-002, 003)
Conm,Fcb ll,2028
MEGA}I WILBA}IXS
Notary Publlc - Calttornla
Sen Luli Oblspo County
Cmmlsslo # 2a8o8t2
12253\001\86 50914.v2
Public
A Notary Public or other olJicer completing Ihis certifcate verifies only the identitl, of the individual urho signed the docunrent
to u,hich this certi"ficate is attached, and not the truth.fulness, occuroc)t, or validitl, of that doarnrent.
State of Califomia
County of San Luis Obispo
)
J
)
on o5l to\,roa4
Date
, before me,Maqa-r"r \ dl\U,c.yr ll-s
\)
Heidi A. Garcia Breese
Name and Title oJ the OlJicer
,N otary Public,
personally appeared
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 Califomia that the
foregoing paragraph is true and correct
WITNESS my hand and official seal
Signature
Signature oJ Notary Public Place Notary Seal Above
A Notary Public or other fficer completing this certdicate verifies only :fis identitl, of the individual v,ho signed the document
to v,hich this certi"ficate is attached and not the truthfulness, eccurocy, or validity ofthat doctunent.
State of Califomia )
County of San Luis Obispo )
on oSl trl |toa4 ,beforeme,Mtcc"n \ t J\\\" c, \4\Ls,,N otary Public,
) Nome and-Title ol tie OilicerDate
Personally appeared Janet L. Baird
Conn, [rDlr.3 f.b 2r, l02r
rEcAra wtLBANt(s
,.ot ryPubttc-Canfornh
5.n Luis Obispo Counw
Cornnhsl.n # zato8.t 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 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 053-43 l-002, 003)122s3\001\86 50914.v2
ol Notary
EXHIBIT A
LEGAL DESCRIPTION OF EASEMENT AREA
(TO BE ATTACHED)
Page 10
Damon-Garcia Easement Deed (APNs 053-43 I -002, 003)12253\001\86 50914.v2
Exhibit A
Pcrmanenr Easemcnt
LBGAI- DBSCRIF"TION
;\ uriliw cxscnlcnr, 10.00 ltct rvidc, ovcr portions of tlrc San Luis ()hispo Suburb*n'fract in tlrc City
o[Snn Luis Obispo and thc southcast % scction of Scction 2, T3lS, Rt2F,, ['1,D. B. & M., in thc
codnry of San l.uis Obispo, State of Cafifornia. '[hc centertine of said cascrnent bciog parallcl and
equidistant 15.00 fcet southcrly to thc ccnter[ne of thc 20.00 fcct widc easemcnt dcscribcd in Booh
3392, page 345, Officid Rccords, in thc Counry Recordcr's officc, as documcnt No. 68772,
conveyed to rlrc Ciry of San Luis Obispo and morc particularly describcd as follorvs:
Bcginning at a point locatcd on the northwesrerly properry linc of thc 23.5 acre parcct of
land convcyed to the City of San Luis Obispo and recordcd in ofhcial rccords of thc officc
of thc Counry Recordcr of thc County of San Luis Obispo per Document No. i999-056626,
said point being located a distance of 426.31 feet, N 460 43' 0l " E, along said nonhwesrcrly
propercy line from its intersecrion with thc wcstcrly scction line of Section 1, said point
being thc true point of beginning:
Thcnce N 86" 32'00" \W, 114.03 fceq
Thcncc N 63o ?3' +5" V, 3t?.43 fcct;
Tlrencc N 34" 24' 29" W, 415.91 feet;
Thcncc N 52" 41'11'' W, 542.50 fect;
Thcncc N 56" 07'59" V. 576.69 fceq
Thencc N 54o 5?'11" \U.597.13 feer
Thencc N 86" 52' 16- V/, 97.11 fccc, morc or lcss. to thc casrcrly rightof-way linc of
that cenain easement convcyed to the City of San Luis Obispo per Document Numbcr
356l6,rccorded io book 19?.0, page 684, official records in the of6ce of thc county reconder
of San Luis Obispo County, Stete of California.
The sidelincs of said easement being prolongsd or foreshonened so as to terrninate at the ir
points of intcrsection. Easernent area is 0.61 acrcs, rno(e or less.
N0. 5139
U
/"h1/"2
EXHIBIT B
MAP OF EASEMENT AREA
(TO BE ATTACHED)
Page I I
Damon-Garcia Easement Deed (APNs 053-43 I -002, 003)12253\001\86 50914.v2
'IXISTiNG J5' IASEMINT
PtR DCC. NO. 35626,
s00li 19:10, PG 584,0.R,---.PUBLIC UTILIfi EASEMENT
TO THE CITT OT
SAN LUIS OBISPO, CALIFORNIA
tAStMtNT ARIA = *0.61 ACRIS
CENTERLINE, TXISTINC 20' WDE EASEMENT
PIR BOOK J592, PG. J45 O.R.
15' OFFSTT
Exhibit B
+$rou
N \
N86'52'16"W 97.11'
N54'57'i 1"W 597.13'
N56'07'59"W 576.69'
sr 1/4 0r sEc.
T31S., R12[., M.D.B.
N52'41'1 1"W 542.50'
CENTERLINE, 1O, WDE
PUBLIC UTILITY EASEMENT TO
CITY OF SAN LUIS OBISPO
N34'24'29"W 415,93',
N63'23'45"W 317.43'
N86'32'00"W 1 14.05'
2
&M
3'
/
./ -l,z .d-'/-av'
.$v'
TPOB
a6'*LOI 87
s.1.0. SUBUBBAN TRACT
PROPERTY
LINE
s\t,',{f^L
,''St./\/ CITYv1
N46'+3'01"
426.31'
OT SAN LUIS OB
23.5 ACRIS
\DOc. N0. 1999-056626 o.R
-'-
\,'t''rr/ ,/'//,/ /4
'ir'r;::?tP
,/r:rt) O-1-