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<br />1.2.1 Title Examination: Perform a 25 year title search on subject properties to determine the <br />names and interests of parties holding an interest in the surface estate; including: <br /> <br />I <br /> <br />a) current surface ownership; <br />b) existing lien holders, including Deeds of Trust, Abstract of Judgment, etc.; <br />c) existing encumbrances, including easements and rights-of-way; <br />d) rights and/or claims of other parties, including lessees, tenants, claimants under lis <br />pendens, etc. <br /> <br />1.2.2 Provide property ownership information to the City on each individual tract as required to <br />supplement existing information. <br /> <br />1.2.3 Acquisition: Function as the City's representative in negotiating the rights of entry, <br />easements, rights-of-way, temporary work space agreements and similar documents required to <br />support the City's projects with individual property owners. Pursuant to property owner <br />authorization, negotiate locations of easements, payment terms and conditions, and those other <br />terms and conditions required by, and acceptable to both the City and each property owner. <br />Landowner negotiations will include, as appropriate, the entire range of issues from the location <br />and width of the easement, depth of trench and size of pipe to matters related to liability <br />indemnification, abandonment, soil compression, surface restoration, environmental safety and <br />access. <br /> <br />1.2.4 Coordination: Coordinate the City's responses on issues related to City projects directly <br />related to the negotiations. Provide City staff with information on a wide range of matters <br />including mapping, personnel access, and the affect of any landowner requested changes to <br />proposed agreements to ensure clear documentation of any agreement made between the City <br />and the property owners in order to maintain project integrity. The Consultant will also <br />coordinate contracting for appraisal and title commitment services as required from project to <br />project. <br /> <br />I <br /> <br />1.2.5 Title Curative: Acquire documents required by the City to cure title defects including: <br /> <br />a) subordination agreements with holders of any existing vendor's lien or deed of trust; <br />b) affidavits of identity, heirship, etc.; <br />c) waivers and/or use agreements from holders of existing easements, i.e. pipeline, <br />utility line, etc. <br />d) tenant consent agreements; and <br />e) damage settlement agreements. <br /> <br />1.2.6 In conjunction with acquiring easement rights for the City, provide the City with clear <br />title to the interests negotiated with each landowner. In the event that easements acquired by the <br />City cross an existing natural gas pipeline(s), obtain agreements and/or waivers to facilitate the <br />accommodation of the intended improvement by the City while protecting the safety and <br />maintenance of the pipeline system. <br /> <br />2 <br /> <br />I <br /> <br />David Bisell Contract, doc <br />