Res 2001-169 - Laserfiche WebLink

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It is important to properly identify all 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 of a 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 ofIdentity, Heirship, etc.; · Waivers and/or Use Agreements from holders of existing easements, i.e. pipeline, utility line, etc. · Tenant Consent Agreement; and · Damage Settlement Agreement In conjunction with acquiring easement rights for the city, title to certain properties may require additional work to provide the city with clear title to the interests negotiated with the landowners. For example, any existing Deed of Trust or Vendor's Lien held against the property should be subordinated to the rights of the city, and any question concerning the identity, capacity or interest of the signatories should be clarified. Further, agreements should be reached with any other parties holding existing interests in the propert)' by virtue of prior easements, leases or tenancies. For example, if the easement acquired by the city crosses an existing natural gas pipeline, agreements or waivers should be acquired to facilitate the accommodation of the intended improvement by the city while protecting the safety and maintenance of the pipeline system. . Report on the status of negotiations and easement terms as directed by your office. Periodically, as requested by the various city departments information regarding ownership, contact information, easement negotiation status, and final easement terms and conditions will be reported to facilitate the planning and activities of other departments and city contractors. For example, you will