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HomeMy WebLinkAboutF-259IT Y [ LERK"S FILE 110. F-os-9 SUBJECT: �25`9 ttaarno.a wan.. acne -reap � • ee Dekcia �. ZUlceelen. �z. BUILDkR 861 MONTEREY STRFE SAN LUIS OBISPO CALIFORNIA August 22, 1958 City Council City of San Luis Obispo San Luis Obispo# California Gentlemenn A21 off —site improvements have now been completed in accordance with plans and specifications for Lincoln Terrace, Tract No 110, We request that the City of San Luis Obispo accept said improvements for maintenance. "Gi858 RECEIVED City Clerk- S. L.O. CAL. Very truly yours, Dennis B. Wheeler, Jr. c Sb£Z�� The Premium for th 0ond is $350.00 9DND #233104 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS That DENNIS B. WHEELER -- as Principal, and UNITED PACIFIC INSURANCE COMPANY as Surety, Are held and firmly bound unto the CITY OF SAN LUIS OBISPO of the State of California, in the sum of $ 1HIRTY FIVE THOUSAND AND NO/100- - ---lawful money of the United States for the payment whereof well and truly to be made, said Principal and said Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. The condition of the foregoing obligation is such, that whereas 1957 1, the above bounden Principal has entered into a contract as of July —, with the said CITY OF SAN LUIS OBISPO for the improvement of certain streets, highways, and drainage facilities in the subdivision entitled Lincoln Terrace, Tract 110, and is required by sai,� CITT to give this bond in connection with the execution of said contract. NOW, THEREFORE, if the above bounden Principal shall well and truly perform., the wort: contracted to be performed under said contract, then this obligation shall he void, otherwise to remain in full force and effect. The said Surety hereby further stipulates and agrees that no change, extension of time, alteration or modification of the above mentioned contract or of the work to be performed thereunder shall in any way affect its CALI.�0RNTA STATEOF _ ............._............................._...... } FRESNO I ey County.1........ --- ........... .......................... On this 2g th.................... day of Jt121e _.........._..... 18.._57b.W,- me, a Notary Public in and for said camtr. per.onath app.area ... Fh D. .ElltthorPe....._........._.........._._..._............_........._...... per.anallr known .......... ................................... m me who being by vu awom did state that he is Attdsdst -fn•Fact of the UNITED PACIFIC INSURANCE COMPANY, a torpor potation otga,daed and esistlnq under the laws of the Stale of Woahington, that the Real uff4ed to the foregoing inOWment W the cotpamte peal of Bald cop alien; that the instrument was mgned, sealed and e.eonted in behalf of mid co,poration by authority of its aooad of Directors and turther acknowledged that the said instrument and the e.eatign Nerwl 10 he the volutr Lary act and deed of said corporation, by hbn voluntarily ..eared. IN WITNESS WHEREOF, I have hereunto aubscnbed my aanro and.filmed my of"dW'seal at ..._ ............. ..... _........ .... Fre sng,_ Cal ifcmia ._....................... the day and rear lost oboe. wnttm. M, Commission esol , c.4.6s .. .............. b/12�ETi .. ........:. �� ... Nomry Public . ... .......... 18...... Betty J� Lewis 8.1015 Title Insurance and Trust Company Fouxcm u.. P.O. BOX 810 . SAN LUIS OBISPO. CALIFORNIA LIDE", 3.2900 JAMES F. CRAWFORD v.E ✓R BFIO Ewi LOS AN GFE LES SUBDIVISION GUARANTEE Pee $30.00 Our No. 58192 Issued for the benefit and protection of the county of San Luis Obispo and of any city within which said subdivision is located. After an examination of the official records of the county of San Luis Obispo, in the state of California, in relation to the record title to that certain tract of land hereinafter described, TITLE INSURANCE AND TRUST COMPANY, a corporation, of Los Angeles, California hereby guarantees in a sum not to exceed $1,000.00 that as appears from said records DENNIS B. WHEELER and GERALDINE R. WHEELER are the only parties at the date hereof whose consent to the recordation of the map of Tract No. I10 is required under the provisions of the "Subdivision Map Act" and to offer for dedication the streets and other easements offered for such dedication by the map of said Tract No. 110 consisting of two sheets and being a subdivision of Part of the southeast quarter of the northeast quarter of Section 27 and part of the southwest quarter of the northwest quarter of Section 26 in Township 30 South, Range 12 East, Mount Diablo Meridian, in the city of San Lui# Obispo, county of San Luis Obispo, state of California. Interests referred to in Section 11587-A of the Business and Pro- fessions Code of the State of California are as follows: 'None disclosed by said records.' IN WIT.NE"-< WHEREOF, Title Insurance and Trust Company has caused its corporate name and seal to be affixed by its Assistant Secretary thereunto duly authorized this loth day of June, 1957 at 9:00 a.m. TITLE INSURANCE AND TRUST COMPANY Sy Assistant Secretary • • sl CITT Ot SAN LUZO OBIM May 20a 1958 Memo to' J. F. Fitzpatrick BACECRCUND on WEST STREET PAVING MBN. : During November of 1957 it occurred to me that it might be desirable to set up a voluntary paving project m a cash basis for the property owners fronting West Street between the limits of Lincoln Terrace Shbdivisim and Chorro Street. Accordingly, On December 10th I wrote each property ougor explaining the Plan- niag Commissian's reasoning in not requiring the subdivider to fully improve West Street beyond the ]Smite of Lincoln Terrace Subdivision. I explained that the subdivider was required only to leave this portion of West Street in the con- ditica in which he had found it, but that he realized that he would have some caste in replacing the original oiled surface - which he would gladly contribute toward the coat of a paving improvement on this portion of West Street. Walter Brothers had informally agreed to pave this portion of West Street at their acme unit cost for subdivision paving which, taking the s bdivider's contribution into account, amounted to 110 per square foot. I gswtsd this figure to the property owners in my December 10th letter. Due to inclement weather, Walter Brothers was unable to complete the paving as planned during the winter. When it appeared that paving might proceed within the neat few months, I again contacted Walter Brothers requesting another in- formal quotation for the work. Since coats had risen slightly during the inter- ve period, the proposed cost per property owner at this time would amount to 13J# per square foot, after a gas company's contribution and the subdivi.der's contribution was taken into accounts On this besis,this office made an informal agreement, in writing, for each property owner and Walter Brothers to execute for their proportionate share of the work. We have spent a considerable amount of office time as a city service and because we believe that paving would be most desirable from a property owner's standpoint along this portion of West Street. Sims this was not an assessment district, we did not make allowenoes for lesser costa an corner lots. We had intended to hamle this strictly on a volunsary basis between the contractor and property owner and had attempted to Involve the city Only to the extent that we were assisting the contractor and property owner to foss an agreement for the paving . Sincerely, DIVID P. ROMEM City Engineer DFTi/lb It Lincoln Terrace AGREEMENT THIS AGREEMENT, dated thin 5th day of A,Imt , 1959> by and beteeen TENNIS B. WHEELER, Sr. , herein referred to as 'Subdivider", and the CITY OF SAN LUIS OBISPO, herein referred to as the "City,, W I T N E S S E S H: P.EFERENCE IS HEREBY LADE to that certair proposed au"divis:l.on, of that certain real property situated ire. the City of San Luis Obispo, County of San L:is Obispo, State of California, deacriptien of which is shorn an final 'Map of Tract No. 110, a Resubdivision of portions of Sections 26 and 27. T 30 S R 12 E, M. D, M„ _, City of San Luis Obispo, Cal9.aornia", as approved by the City Councils on the 1st day of_ July , 1957, sub;ect to approval of all engineering plans and specification, by the Citv Engineer, WHEREAS, the Subdivider desires that said Subdivision Map of said Tract. No, 110 be accepted and approved as a final map pursuant to the Subdiviai.+n Regulations and OrHinanoea of the City of San Luis Obispo, and WHEREAS, it is a condition of said regulations and ordinances that the Subdivider e„necs to install the street improvem. to and utility lines and facilities as set forth on the plans therefor,. NOW THEREFORE, in consideration of the foregoing, the Subdivider does hereby ag;.se to-onstruct eai install the following, subdivision improvements in accord - ante with sold subdivision ardira.ncea and regulsti.ona, and in accordance with dpprove3 plans and specifications or, file in the office of the City Rnginaer, City of San Luis Obispo, to wit: 1. CURRSn GUTTERS and SIDSMIAS 2> STREET BASE AND SURFACINC 3, L'aTF.R MAINS and SEWER MAINS, including services and house eonr tionw and laterals. 4 RAINAGE CULVERTS and DROP INLETS ^J:•;'i 6TiTAL METAL STREET LIGHTS , 3jjL and CAS 411LITIES: A latter from Bach pab:tie utility to the City S*Atinr that such services will be providod, is Consldered to 2atiafactor7 compliance with said ordinances and reMlations, and ALL 0MMA I".;':r; %t:dE:Jfa shown on plans or requirnd by existing City regulations. .111 the above facilities shall be installed in the locations designated and ✓u the plane and speci_`ications on file and approved by said City Engineer., Me lines and grades for all of said. iDTroverrante shall be established by the Subdivider in accordance with said approved plena and spstLficatlona. The Subdivides aprr:es that the *,cork of installing the above improvements Shall be completed within Twelve (12) months of said recording date, provided that if conipletien of said work is delayed by sots of God, strikes or other factors or elements boyond the control of the Subdivider, Subdivider shall have an additional period of time equivalent to such period of delay in whichto complete such worst. The Subdivider does also agree to comply with the VAloving conditions established by the Planning Commission: 1. &tend proposed 'West Street sewer line to existing east and of West Street sewer line pending agreement K th adjacent property carers. 2.. Secure approval from State Division of Highways regarding Sonic Rosa Street widening. 3. +'arry any and all access from Lota 8, 90 10, Block A, to Santa Rosa. 4. Grmt exception for Lots 9, 10, 11, Block A on maximum depth requirement, 5. Waive tree planting requirement. 6. Require p�vorment improvemont on Lincoln Street to ceet existing .Liprove- ment on i.Lncoln Street ontaide subdivision, excepting concrete curb and gutter, 7. ;*quire Pavement improvoment on West Street to full Standard to ^,e..et and or armorcoat pavement existing an West Street outside subdivision, excepting concrete cc� and gutter. As to public lends or section property included within said Subdivision, if a-y, for the restoration of lost section comers and for retracement of Section Brea, the method folleued shall be in accord with the instructions set forth in the "Manual of Instructions" for the Survey of Public Lende of the Onitel States_ published by the Commissioner of Caneral rend Office, Department of Interior, 'Wesh ngton, D. C. The Subdivider hereby attaches hereto, and se an integral part hereof, and as secsrity for the performance of this agreement, a good and sufficient bond aigi;ad and executed hg. the Subdivider and owner of the lard, as principal, and by Iris surety, in favor of the City of San Iois Obispo, and conditionalupon the faithful performance of this agreement, which said bond is in the mount of 5352000.00 and which is in the amount of the estimated cost of said improvemeents. Said DENNIS b. WHEELER., Sr. shall deposit with the City the sum o£ ;1i000.00 , from which deposit the City will pay the salary and experzios of an inspector or inspectors to inspect inatallstion of off site in- prccericnts and certify that they have been eomploted in accordance with the Plans and efecificatiors. Any rwexpended monies will be retzna d to_ DENNIS S. WHEELER, Sr. , In the event the inspection fees exceed the sin of $1,050.00 the difference is to be absorbed by the City of San Luis Cbispo The CitF renei�ves the sole discretion in deter"'ning the anonnts to be paid for salary sndgcpenses of said inspector or inspectors. Article 9, Chapter I of the San Luis Obispo Municipal Cods, entitled "Sub- dlvision" - All plans and specifications on file with said City Eng.nser as a part of said Subdivision Map, and all other documents filed with the City by the Subdivider are hereby referred to for further perticulare in interpreting and defSr3ng tho oblige.tions of the Subdivider uudor this agreement. In the event UP t the City desires to modify, enlarge, or ex°.end any of the lioruvaeents herein referred to, or shwa on the approved plans, and if said xo�3ficatiors, enlargements or extonriors are in excess of those regained and as approved by Ui :engineer, It ie expressly agreed that the City will pqy the actesa additional cost of said modifications, onlargaments or extensions. It is agreed that the Contractior will furnish coplos of the sueceeaf.A bidder's contract unit prices and total bid prices for all of the improvemants herein referred to. IN WITNESS M11BREOF, this e.Creement has been executed by Approved as to form this � _day o f u - i _,.1957 City Attorney i _op:oved as to content this day off vs> 795T a war ATTFSTt k- y � V � - Lincoln Terrace AGREEWT THIS AGR.?E"+EraT, dated this^yr—day 1957, by and betwee;n�IStaiISB. WHMERR Sr. _ ,herein referred to as 'Subdivider", and the CITY OF SAN LUIS CBISPC, herein referred to as the "City"., W I T N E S S E T H: EErUtIJRCE 1: ff�R:73Y MDE to thateartai proposed oubdivisi.on of that certain real property situated i.n the City of San Lute Obispo, Gourty of San la.is Obispo, Steve Of California, dn+Pc .ption of which is sham on final "lap of Tract No, 110, a ftasubdiviaion of— PortIAMS At SentSm , eG d� T 301, A 12 H. M. M., City of San Luis Obispo, 0919orni.a", as approved by tha City Council, on the,• 1.k _day of _Agj , 1957, sut;ect to approval _:,.::.. a/ -lit, pl.nc als" .�„w...icationa cy tie City ing;vueei, WHEREAS, the Subdivider desires that said Subdivision MQ of said Tract No,. inn be accepted end approved as a final crap pursuant to the Subdivision Regulations " Ordinances of the City of San Luis Obispo, and WHEP.s'a?S, it is a condition of said regulations and ordinances that the `uuJ.ivider a.�rees tc install the street improvements and utility lines and factlitiea as set fort:,. On the plans therefor, MW THEREFORE, in considers'L.ion of the foregoing, the Subdivider does hereby agree to construct and install the fcllwing subdivision improvements in accord - arse with eaid subdivisicn erdinaneea and regulations, and In senordance with approved plane and specifications on file in the office of the City Engineer, City of San Luis Obispo„ to wit: 1. CURBS, GMMS and SIDEWALKS 2, STREET BASE AND SURFACING 3 'ATERMP INS and SSWiH MAINS, ineludiag services and house connections and laterals,. U, DRAINAGE CULVERTS and DROP INLETS i,. ORNAMENAT METAL STREET LIGHT'S b: LTGRT and CAS FXCILITMS% A latter from each piblic utility to the City Fnrinaer, stating that surh services will be provided, is considered to to satisfactory ccmpliare with said ordinances and regulations. ?- ,,,c and ALL G7}i;;R IMP 1CV isMENfS shown on plans or required by existing C'L, regulations. All the awe facilities shall be installed in the locations designated and to the ,plane and speeiacations on file end approved by said City Engineer. Thu lines and grades for all of said inprirvements shall be established by the Sudivider in accordance with said approvel. plans and specifications. The Subdivider asreea that the work of installing the above ir.'trrovements shall be completed within Twelve (12) months of said recording date, provided that if completion of said work is delayed by acts of Cod, strikes or other factors or elements beyond the control of the Subdivider, Subdivider shall have an additional period of time equivalent to such period of delay in which to complete such wont. The Subdivider does also agree to comply with the following conditions established by the Plenning Coanission: 1. Extend proposed West Street sewer line to misting east mid of West Street sewer lino pending agreement K th adjacent property owners. 2. Secure apgraval from- State Division of Highways regarding Santa Rosa Street widening. 3. Deny any and all access from Lots 6, 9, 10, Mock A, to Senta Boas, L. C'rent exception for iota 9, 104 ll, Block A on msximum depth requirement, $. Waive tree planting requirement. 6. Require pavamont„improvement on Lincoln Street to meet esiati.ng improve- ment on Lincoln Street outside subdivision, excepting concrete curb all! gutter. 9. Require paverent i�.provamont on West Street to fLLU standard to most end or anrnotrart pavement ealating on West Street outside subdivision, excepting concrete curb and gutter. As to public lands or section property irni hied within said Subdivision, if any, for the rcateration of lost section corners and for retracament of Section lines, the method follcved shall be in accord with the instructions not forth in the "gandal of Instructions" for the Survey d Public Tande of the 6nitod States, published by the Coumissioner of General. lard Office, Dopertment of Interior, washingtou, D. C. The Subdivider hemby attaches hereto, and as an integral part hereof, and an security for the performance of VUs agreement, a good and suffirlent bond siCnsd and axeecuted 1:2, the Subdivider and owner of the lard, as principal, srd tr; his auzraty, in favor of the City of San Luis Obispo, end conditional ug7on the Saithfhl performaxe of this agreement, which said bond is in the mount. of ._iK_ppgAM and which is in the smourt of the estimstad coot of said 'saproraaonts. ,Said DAN= B. WHEEI. . Sr. shell deposit with the City the own of�00= f2= %&ich deposit the City will pay the salary and M^.Mi.3 ^J� IR 4l tic yJ er,� .ses of au jmupectcz oa impectioa to inspect installation of off site I - p_rovasents and certify that they have been completed in accordance with the plans mid specifieaticne. Any annopended monies will be rotmmed to URQUJ L M0 MM' sr. . In the event the inspection fees exceed t:he am of �f1.0 9,00 , the difference is to be absorbed by the City of San win Gbirpo. the City remixes the sole discretion in detormining the amounts to be paid for salary and expenses of said inspector or inapootcrs- rti.ale 9, Chapter I of the San Luis Obispo Mmicipal Code, entitled aSub- civisiona - All plans and specifientions on file with arid City Anp;.necr au a part of ridd Subdivision Map, a& aL' other documents filed with the City by the Subdivider are hereby referred to for further particulars in interpreting and de nize the obli.gatiwa of the Subdivider under this agreement. In the event ztL t the City desires to modify, enlarge, or extend any of tho iInrovement- nerei.n referred to, or allows on the approved. plans, end if said mcdifleations, enlarrd^enta or extensions are in excess of those iegU.- l and as approved by the Fmgineer, it is expressly agreed that the City willpsty the actual additional cost of said modifications, enlargerents or extensions. It is agreed that the Contractor will furnish copies of the suecoesful bidder`s contract unit pricco and total bid prices for all of the improvements herein referred to. IN WITNESS WrTF cOF, this agroement has been execated by Arprcved as to foxm this A day of,�i 1957 City A nrnay Approved sn to content this r� dqy of A„� s / ]957 city , ATTEST - city — Y CITY OF OBISPO CITY PLANNING DIVISION July 1, 1957 Mr. David F. Romero RZ: Tract 110, City Uirector of Public Works Planning_ Commission Action City of San Luis Obispo, California Dear Mr. :,omero: The City Planning Commission has approved both tentative and final maps of Tract 110 (Lincoln Terrace). Tentative map approval was given on April 18, 19573 subject to the following conditions: (1) Extend proposed +lest street sewer line to existing end of ,Jest street sewer line pending agreement with adjacent property owners. (2) Secure approval from State aivision of Highways regarding Santa nose street widening. (3) Deny any and all access from lots 8, 9, 10 block A to Santa Rosa street. (4) Grand exception for lots 9, 10, 11 block A on maximum depth requirement. (5) Waive tree planting requirement. (6) Require pavement improvement on Lincoln street to meet existing improvement on Lincoln street outside subdivision, excepting concrete curb and gutter. (7) Require pavement improvement on West street to full stanaard to meet end or armoreoat pavement existing on vilest street outside subdivision, excepting concrete curb and gutter. Final map approval was given on June 20, 1957, subject to: (1) Granting of drainage and utility easement along rear of lots 3, i, 5, 6 block B. (2) Recordation of denial of access from lots 6, 9, 10 block A to Santa Rosa street. Approval for both tentative and final maps was by motion and both motions stipulated that final approval, was to be made by you. Yo� T cc: Mr. Fitzpatrick Donald F. son, City Planning Technician