HomeMy WebLinkAboutD2024-A Damon-Garcia Easement Agreement_fully executed_Recorded Copy2@24@.13311
Elaina Cano
San Luis Obispo - County Clerk-Recorder
05/17/2024 03tzg Pn
R€conded at the request of:
SNN LUIS OBISPO CITY
Titles: 2 Pages: 14
RECORDING REQUESTBD BY AND
WHEN RECORDED RETURN TO:
Information Technology Department
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA93401
Fees:
Taxes
Tota I $0
$o
llll illi ffillillhlilthti Ltfth']lllit ll ll I
APNs 053-431 -002 &, 053-43 1 -003
Exempt from recording fees - Govt. Code $6103
EASEMENT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Roy A. Garcia and Dolly H. Garcia, co- trustees of the Roy A. Garcia Family Revocable Trust
- dated April2, 1992 Janet L Baird, Debbie Garcia-Bjerre. Londie L Padelsky, Ronnie R Garcia;
@ Heidi A Ga..iultdE'1$nrtees of the Five G Irrevocable Trust; Eileen M Damon, trustee of the Damon
Family Trust under agreement dated September I 1,1994, Survivors Trust; and Eileen M Damon,
trustee of the Damon Family trust under agreement dated September 11,1994, 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 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 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 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 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 alternative Easement
Page 1
Damon-Garcia Easement Deed (APNs 053-43 1-002, 003)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 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 shallexercise the use of the Easement at City's sole and complete risk.
ITEM 4 CiIy 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 ltem 1.
Page 2
Damon-Garcia Easement Deed (APNs 053-43 1-002, 003)12253\00 r\8650914.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 F Y REVOCABLE TR TED APRLLZ,1992I
By:A. Garcia,
^0a,
il^%/'r.*
Uy o"ttyF. edrcia, Tiustee
THE FIVE G IRREVOCABLE TRUST
By L. Baird, Trustee
Date
Date:
Date
Date
Date
Date
7F
07 /
/a
Debbie , Trustee
L. Padelsky,
v:ie R. Garcia, Trustee
d
B Heidi A. Garcia Breese, Trustee
7l-
v Eileen M. Damon,
5y: elle cn ;q ' !6,*onrJru
THE DAMON FAMILY TRU
d/2-o2 {
>y'
Yl/4". V zr/
t
,/
Date: Mn a lD , ULqd
5Ee-\-
.THE AMON FAMILY TRUST UNDER AGREEMENT DATED
SUR TRUST
ll,1994,
CzlAttA lyrvz,l
./a tua-
of Attorney
.$c^\r) L.{e( < Po'oer&Ar$.o."'ar
ll,tgg4, /
Janet L.
Date
Baird
)cr L
TRUST
Date:
By: Eileen M.Trustee, by Janet L.Baird
D-cv.on ne*
Page 3
REEMENT DATED SEPTEMBER
a}.-Vna-dD t f, at.rl1-o 2o&*
under PowerL.9a\cd of Attar
ST
6r.Aef9'y: ui
\8650914.v2
,Trvekec rby 5e
Damon-Garcia Easement Deed (APNs 053-431-0
nry
THE DAMON FAMILY TRUST UNDER AGREEMENT DATED SEPTEMBER II,I994,
SURVIVORS TRUST
4;A- u,nt -
By: Eileen M. Damon, Trustee, by J
Date: Yf)a't^ /4^ 2a2 c/,
of Attomey
fu.a-.Affi4
THE DAMON FAMILY TRUST UNDER AGREEMENT DATED SEPTEMBER IT,I994,
EXEMPTION TRUST
L. Baird
-&.t-+d 'u'n4st
Page 3 - Addendum
Damon-Garcia Easement Deed (APNs 053-431-002, 003)
By: Eileen M. Damon, Trustee, by Janet L. Baird Power of Attomey
Date::24
12253\00 r\8650914.v2
CERTIFICATE OF ACCEPTANCE
Pursuant to Ca. Govt. Code $27281 , this is to certifr 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 lrrevocable 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 I 1,1994, 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 y'Ut al \ ,2024'-T
CITY OF SAN LUIS OBISPO,
a corporation and charter city
-
A.S tewart,M ayor
ATTEST:AP V FORM:
Teresa Purrington, City C Sadie City Attorney
ACKNOWLEDGEMENT
A Notary Public or other fficer completing this certificate verifies only the identity of the individtral vho signed
the document to vhich this certificate is attached and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
couNTY oF sAN LUIS OBISPO )
on (\c,q Q . Ao &{ , before me,Megan Wilbanks. Notary Public, personally appeared
Erica A Si"ewart, 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 official seal.
Megan lbanks, Notary (Official Notary Seal)
Page 4
Damon-Garcia Easement Deed (APNs 053-43 l-002, 003)
Conm,r.l
rIGax wrLlAx(s
tt t iy Pubtk - Callfornli
San Luts Obispo County
Conlnlsrlm , lalott2
12253\001\86 50914.v2
A Notan, Public or other officer completing this certificale lerirtes onl)) the identity of the individual vho signed the document
to vhich this certificate is attached, and not the trfihfulness, accv'acy, or validily of that doament.
State of California )
County of San Luis Obispo )
on o5\ o-r le"eA , before me,Notary Public,
Date Name and Title of the Officer
personally appeared Sadie Symens
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 heishe /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 Notary Seal Above
Srn Lulr Obhpo Cdrnty
Connhslon , 2,lt0tl2
Conm. [lptrcB Frb ll,
atcAl{ WL!Ai|XS
Notlry Publk - Calltomla
Page 5
Damon-Garcia Easement Deed (APNs 053-43 I -002, 003)r 2253\001\86 50914.v2
A Notrul, PLrblic or other fficer completing this certi.ficate verif es only lhe identity of the individual who signed the document
to which this certifcate is ottached, and not the truthfulness, occlffcrcy, or vulidi4t of that (ocument.
State of Califomia )
County of San Luis Obispo )
on O5\ to\ lu&A , before me,
Date
Notary Public,
personally appeared Roy A. Garcia
\
Name and Title ol the OlJicer
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
Signature oJ Notary Public Place Notary Seal Above
A Notary Ptrblic or other olJicer.completing this certificate verifies only 7l1s identily of the individuol u,ho signed the doatntent
to u,hich this certifcate is attached and not the tmthfulness, accuracy, or validily of that docuntent.
State of California )
County of San Luis Obispo )
Notary Public,On l0
Date
Personally appeared
, before me,
Name and Title ol the Ol/icer
Dolly H. Garcia
Name ql 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)
ft AEGAIIWILBANKS6i|%iA Not ry Pubrtc - c.ttfmia
ffil#FFl san Luli obirpo countyW, :Hl";'ffj .1','f,'i,,
12253\001\86 50914.v2
Signature oJ' Notary Pub lic
A Notaty Ptblic or other olficer completing this certif cate verifes only the identity of the individual who signed the docunent
to u,hich this certificate is attached, and not the tntthfulness, accurac),, or validi\, of that doament.
State of California )
County of San Luis Obispo )
on oglto \ aoaq , before me,Notary Public,
Dale Name qnd Title ol'the OlJicer
personally appeared Janet L. Baird
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 Seol AboveSignature ol Notary Public
A Notary Ptrblic or other officer completing this certifcate veri"fies onllt 7l1s identity of the individtral who signed the docunrent
to v,hich this certifcate is attached and nol the truthfttlness, accuracl,, or validity of thot docLment.
State of California l
County of San Luis Obispo )
on u5l o?I aoaq , before me,Notary Public,
Dote Name and Title o/ the Ollicer
Personally appeared Debbie Garcia-Bjerre
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 7
Damon-Garcia Easement Deed (APNs 053-431-002, 003)12253\001\86 50914.v2
Signature ol Notary Public
A Notcuy Public or other olficer contpleting this certif cate veri/ies only the identitlt of the individtral who signed the docttment
to u,hich this certificote is attached, and not the truthfiilness, accuracy, or validity o.f that documenl.
State of California )
County of San Luis Obispo )
on D5 I ta\ ZoM , before me,
Date Name and Title oJ the Ollicer
personally appeared Londie L. Padelsky
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 Place Notaty Seal Above
A Notary Public or other o.fricer conrpleting this certi"ficate verifies only il1s iclentitlt of the individtral v,ho signed the doctrment
to uthich this certifcate is attached and not the truthfulness, accltrac),, or validity of that dounrent.
State of California )
County of San Luis Obispo )
Notary Public,
On 5l Notary Public,, before me,
Dote Nome and Title oJ'the Ollicer
Personally appeared Ronnie R. Garcia
Comn.FFb 28, 202E
IEGAN WIlBAXXs
Nobfy Publlc - Calltdnla
S.n Luts Oblspo Countv
Colnnlsslm t ZqeOui
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 8
Damon-Garcia Easement Deed (APNs 053-43 1-002, 003)
xo\s IEGAN WILBAXXSffi Notarv Publlc - Calltornlafffi san Luis oblspo crunty
w,lnfl'lii#,'.lTilt'.,,
r 2253\001\86 50914.v2
Public
A Notaq, Ptrblic or other olficer completing this certificate verifies only the identiht of the individual who signed the document
to which this certificate is attached, and not the truthfulness, occlrrocy, or validity of that documenl.
State of California )
County of San Luis Obispo )
on ofr I to\ ,foa4 , before me,Notary Public,
Date
personally appeared
Nome and Title oJ the
Heidi A. Garcia Breese
Nante 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
Signature o.l' No tary Public Place Notary Seal Above
A Notant Pttblic or other off cer conrpleting this certificate verif es onht 7l1s identity of the inclividttal u'ho signed the document
to tvhich this cerlificate is attached and not the truthfulness, acclu"oc)t, or validit|' of that doamtent'
State of California )
County of San Luis Obispo )
on Dsl 14 laoa4 ,beforeme,Notary Public,
Date Name ql the Ollicer
Personally appeared Janet L. Baird
Cmfi, Errir6 Ftb 2028
IEGAX W|LEANXS
Xot ryPubltc-catfornh
Srn Luts Obirpo County
Commh3t.n , 24EOAt 2
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 off,rcial seal
Signature
Place Notary Seal Above
Page 9
Damon-Garcia Easement Deed (APNs 053-431-002, 003)
Coiln. Erptrs F b 28,2028
TEGAX WILBANXS
Notrry Pubtic - C.lito.nh
Srn Luls Obirpo Cdnty
Conmisslon , 2tt608 I 2
12253\001\86 50914.v2
Signatlu'e oJ Notary
EXHIBIT A
LEGAL DESCRIPTION OF EASEMENT AREA
(TO BE ATTACHED)
Page 10
Damon-Garcia Easement Deed (APNs 053-43 1-002, 003)r22s3\001\86 50914.v2
Exhibit A
Permanent Easemcnt
LBCAI- DESCRIf"TION
;\ uriliry cascnlcor. 1O.fi) lccr rvidc, ovcr portiotts of thc San Luis ()hispo Sulrurban'lracr in drc City
of Srn Luis Obispo and chc southcast % sccrion of Scction 2, T3lS, Rl2E, I\'l,D. B' & M., in thc
counry of San l-uis Ol>ispo, Statc of California. Thc centertioc of said cascmcnt bcing parallcl and
cquidistant 15.00 fcct southcrly to thc ccnterline of thc 20.00 fcct widc eascmcnt dcscribed in Book
i3q2, p.g" 345, Official Rccords, in the Counry Rccordcr's officc, as document No. 68772,
conueycJ ro thc Ciry of San Luis Obispo and morc particularly describcd as follows:
Bcginning at a point locatcd on the northwesterly propcrry linc of thc 23.5 acre parccl of
land convcyed to the Ciry of San Luis Obispo and recordcd in official rccords of thc office
of thc Counry Recorder of the Csunry of San Luis Obispo per Document No. 1999'056626,
said point bcing located a distance of 426.31 feet, N 460 43' 01" E, along said nonhwesterly
propeffy line from its intersection with thc wcstcrly section linc of Section 1, said point
being thc tn:c Point of beginning;
Thcncc N 86o 32'00" rW, 114.03 fcet;
Thcncc N 63o 23' +5" \W,31?.43 fcct;
Tlrencc N 34o 24' 29" W. 4i 5.93 fcet:
Thcncc N 52" 4'l'11'' W,542.50 fcct;
Thcnce N 56o 07'59" \il,576.69 feec
Thencc N 54" 5?' 11" \0, 59?.13 fecr
Thence N 86o 52' 76- W, 97.11 fcet, morc or lcss, to thc castcrly rightof-way linc of
that ccrrain easemcnt convcyed to the Ciry of San Luis Obispo per Document Numbcr
35626, recorded io book t9?,O, page 684, offrcial records in thc of6ce of the county recolder
of San Luis Obispo County, Stetc of Califotnia.
The sidelincs of said easement belng prolonged or foreshoncned so es to terminate at the ir
points of intersecdon. Easement area is 0.61 acres, more or less.
N0.5l3g tt
0 s (
/*{")
EXHIBIT B
MAP OF'EASEMENT AREA
(TO BE ATTACHED)
Page I I
Damon-Garcia Easement Deed (APNs 053-43 l-002, 003)12253\00 r\8650914.v2
Exhibit B
'IX{STiNG J5, IASfMINT
PF.R DCC. NO. 351626,
BOOli 19:10, PG 584,0.R, --*.
N86"52'16"W 97.11'
N54'57'1 1"W 597.1 3'
N56'07'59"W 570.69'
sE 1/4 0F stc.
T31S., R12t., M.D.B.
N52'41'11"W 542.50'
CTNTERLINE. 10, WIDE
PUBLIC UTILITY EASEMENT TO
CIIY OF SAN LUIS OBISPO
N34'24'29"W 415.93'
N63'23'45"W 317.43'
NB6'32'00"W 114.03'
PUBLIC UTILITY IASTMENT
TO THE CITY OF
SAN LUIS OBISPO, CALIFORNIA
tASiMtNT ARIA = *0.61 ACRES
CENTERLINE, TXISTTNG ?0, WDT TASEMENT
PER BOCK J592, PG. J45 O.R.
1 5' OFFSTT
\....
2
&M.
"-t"S"'
TPOB
ee'*
,,(6.;"uo
LOT 87
s.1.0. SUBUBBAN TRACT
PROPTRTY
LINf
\\t.'{&^L
,')qtr cw
N46'+3'01"
426.31'
OF SAN LUIS OBI
2J.5 ACRTS
\00c. N0. 1999-056626 o.R
'/ ,// /.\./ a,
"r'''f::?tl7qt)'g$.
',///\/,/
END OF DCCU}iIENT
EASEMENT 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
Page 3
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