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Home My WebLink About08-16-2015 Robert C. Edwards - Right of Way Agreement - Jennifer Street Sewer RealignmentPARCEL NO. 003-652-025 PROJECT: City of San Luis Obispo — Jennifer Street Sewer Realignment RIGHT OF WAY AGREEMENT THIS RIGHT OF WAY AGREEMENT is made and entered into by and between ROBERT C. EDWARDS (hereinafter called "Grantor ") and THE CITY OF SAN LUIS OBISPO, a municipal corporation and a charter city in the County of San Luis Obispo, State of California (hereinafter called "City "). An instrument in the form of a Utilities Easement Deed (hereafter "Easement Deed ") covering the property particularly described therein, has been executed concurrently with this Agreement and delivered to City representatives. In consideration of which, and other considerations hereinafter set forth, it is mutually agreed as follows: 1. The parties have herein set forth the whole of their agreement. The performance of this Agreement constitutes the entire consideration for the Easement Deed and shall relieve the City of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement, except as stated in Paragraphs 2.E. below. 2. The City shall: A. PAYMENT - Pay to the order of the Grantor the sum of ONE THOUSAND DOLLARS ($1,000) as consideration in full for the herein real property interests, for the loss, replacement and moving of any improvements, and for entering into this Agreement. Said sum shall be paid when title to the property interests described in the Easement Deed has vested in City free and clear of all liens, encumbrances, assessments, easements and leases recorded or unrecorded, except for recorded public utility easements and public right of way. B. 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 at such time as when clear title can be conveyed. C. MISCELLANEOUS COSTS - Pay all escrow, title insurance, and recording fees incurred in this transaction. D. CLEARANCE OF BONDS, ASSESSMENTS OR DELINQUENT TAXES - Have the authority to deduct and pay from the amount shown in Clause 2.A. above any amount necessary to satisfy any bond demands and delinquent taxes due in any year except the year in which this escrow closes, together with penalties and interest thereon, and/or delinquent and unpaid non - delinquent assessments which have become a lien at the close of escrow. Page 1 of 5 SLO City/Jennifer Street/Agreement (Edwards) E. INDEMNIFICATION - Indemnify, and hold harmless Grantor from any and all claims, damages, costs, judgments, or liability caused by City or its officers, employees or agents specifically arising from City construction on Grantor's Property. 3. The Grantor: A. PAYMENT ON MORTGAGE OR DEEDS OF TRUST - Agrees that any or all monies payable under this Agreement up to and including the total amount of the unpaid principal and interest on the note(s) secured by mortgage(s) or deed(s) of trust, if any, and all other amounts due and payable in accordance with the terms and conditions of said mortgage(s) or deed(s) of trust, shall upon demand(s) be made payable to the mortgagee(s) or beneficiary(s) entitled thereunder. B. LEASE INDEMNIFICATION - Warrants there are no oral or written leases on all or any portion of the areas described in the herein referenced Easement Deed, or if there are any such leases or other possessory interests affecting the property described in the Easement Deed, Grantor agrees to clear such interests, making them subordinate to the rights granted to City in the Easement Deed, and shall hold the City harmless and reimburse City for any and all of its losses and expenses occasioned by reason of any possessory interests in said property held by tenant of Grantor. C. PERMISSION TO ENTER - Hereby grants to the City, its agents and contractors, permission to enter upon the subject lands prior to the close of escrow for the purposes of preparation for and construction of the City's improvements, subject to all applicable terms and conditions contained in this Agreement and the associated Easement Deed. 4. The Parties agree: A. ESCROW - To open an escrow, at City's option, in accordance with this Agreement at an escrow company of City's choice. This Agreement constitutes the joint escrow instructions of City and Grantor, and Escrow Agent to whom these instructions are delivered is hereby empowered to act under this Agreement. The parties hereto agree to do all acts necessary to close this escrow in the shortest possible time. As soon as possible after opening of escrow, City will deposit the executed Easement Deed by Grantor, with Certificates of Acceptance attached, with Escrow Agent on Grantor's behalf. City agrees to deposit the purchase price upon demand of Escrow Agent. City and Grantor agree to deposit with Escrow Agent all additional instruments as may be necessary to complete this transaction. All funds received in this escrow shall be deposited with other escrow funds in a general escrow fund account(s) and may be transferred to any other such escrow trust account in any State or National Bank doing business in the State of California. All disbursements shall be made by check from such account. Any taxes which have been paid by Grantor, prior to opening of this escrow, shall not be pro -rated between City and Grantor, but Grantor shall have the sole right after close of escrow, to apply to the County Tax Collector of said County for any refund of such taxes which may be due Grantor for the period after City's acquisition. Page 2 of 5 SLO City/Jennifer Street/Agreement (Edwards) i) ESCROW AGENT DIRECTIVES - Escrow Agent is authorized to, and shall: a) Pay and charge Grantor for any unpaid delinquent taxes and/or any penalties and interest thereon, and for any delinquent assessments or bonds against that portion of Grantor's property subject to this transaction as required to convey clear title; b) Pay and charge City for any escrow fees, charges and costs payable under Paragraph 2.C. of this Agreement. c) Disburse funds and deliver Easement Deed when conditions of this escrow have been fulfilled by City and Grantor. d) Following recording of Easement Deed from Grantor, provide City with a CLTA Standard Coverage Policy of Title Insurance in the amount of $1,000 issued by First American Title Company showing that title to the herein property conveyed in the Easement Deed is vested in City, subject only to the following exceptions, and the printed exceptions and stipulations in said policy: 1) Real Property Taxes for the fiscal year in which escrow closes. 2) Item Nos. NONE of the Preliminary Title Report issued by Fidelity National Title Company, dated June 11, 2015, referenced as Order No. FSLC- 511500523- RB. ii) CLOSE OF ESCROW - The term "close of escrow," if and where written in these instructions, shall mean the date necessary instruments of conveyance are recorded in the office of the County Recorder. Recordation of instruments delivered through this escrow is hereby authorized. B. JUDGMENT IN LIEU OF EASEMENT DEED - In the event Grantor is unable to deliver title in a reasonable time under the terms of the Agreement, the City may file an action in eminent domain to pursue the acquisition of the real property interests described in the referenced Easement Deed, and this Agreement shall constitute a stipulation which may be filed in said proceedings as final and conclusive evidence of the total amount of damages for the taking, including all of the items listed in Section 1260.230 of the Code of Civil Procedure, regarding said property rights. 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. 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. E. COMPLETE UNDERSTANDING - This Agreement 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. Page 3 Of 5 SLO City/Jennifer Street/Agreement (Edwards) This Agreement may not be amended except in writing by the parties hereto or their successors or assigns. F. CITY APPROVAL - This Agreement is not binding upon the City until executed by the appropriate City official(s) acting in their authorized capacity. No Obligation Other Than Those Set Forth Herein Will Be Recognized. GRANTOR: Dated: cbert C. Edwards GRANTOR'S MAILING ADDRESS: 1937 Jennifer Street San Luis Obispo, CA 93401 -4121 Dated: �r l CITY OF SAN LUIS OBISPO, a municipal corporation and a charter city By --' IkZa� - Name: n Marx Title: ayor Page 4 of 5 SLO City/Jennifer Street/Agreement (Edwards) MAILING ADDRESS OF CITY: City of San Luis Obispo Public Works Dept. 919 Palm Street San Luis Obispo, CA 93401 APPROVED AS ATTEST: By T_ -1. tj City Clerk Dated: J ristine Diet City of San Luis Obispo Attorney APPROVED AS TO CONTENT: C - I By ��- de fer L. etz ities Project Manager City of San Luis Obispo Dated: Ir -7- 9 :-�, _' 2-oi - Page 5 of 5 SLO City/Jennifer Street/Agreement (Edwards)