Res 2001-099 - Laserfiche WebLink

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There are approximately twenty-three (23) tracts identified where road easements and/or drainage easements are required. Given the rate of development in this area, the improvement project should be welcomed by most land owners along the proposed route with issues related to drainage and the loss of portions of the properties the primary focus of negotiations. Scope of Work Based upon the information reviewed, the following land services are proposed: . Title Examination: 25 year title search to determine the names and interests of parties holding an interest in the surface estate; including: · Current surface ownership; · Existing lien holders, including Deeds of Trust, Abstract of Judgement, etc.; · Existing encumbrances, including easements and rights-of-way; · Rights and/or claims of other parties, including lessees, tenants, claimants under Lis Pendens, etc. It is important to properly identify aU of the parties owning or claiming an interest in the surface estate of the properties. To avoid the risk of disenfranchisement it is equally important to identify the current holders of any liens affecting the property. And, to facilitate the proper placement of any city improvements under the secured easements, the rights of others (by virtue of existing easements, leases or tenancies) should be determined. Ownership information will be provided to CSM on each individual tract as required to supplement existing information. . Acquisition: Negotiate with each individual property owner Right of Entry, Easement and Temporary Work Space agreements. Pursuant to the authorization of your office, negotiate as the agent of the city of San Marcos the location of easements, consideration, and those other terms and conditions required by and acceptable to all parties; Landowner negotiations can include the entire range of issues from the location and width of the easement, depth of trench and size of pipe to matters related to liability indemnification, abandonment, soil compression, surface restoration, environmental safety and access among other matters. As the requested easement permanently affects the use and value ofa property all landowner issues must be fairly addressed and negotiated. . Co-ordinate: Engineering and legal responses to issues related to the projects; Directly related to the negotiations, CSM engineering and legal departments will be provided information regarding a wide range of matters including mapping, personnel access, and the affect of any landowner requested changes to proposed agreements to insure clear documentation of any agreement made between the parties with the intent to maintain project integrity. . Title Curative: Acquire those documents required by the city legal department to cure title defects: · Subordination Agreements with holders of any existing vendor's lien or deed of trust; · Affidavits of Identity, Heirship, etc.; · Waivers and/or Use Agreements from holders of existing easements, i.e. pipeline, utility line, etc. · Tenant Consent Agreement; and