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HomeMy WebLinkAboutD-1756 953 Orcutt Road - Tract 2134 Recorded 03/31/2008This document is recorded for the benefit of the City of San Luis-Obispo, A Municipal Corporation, and is exempt from fee per Government Code Sections 27383. RESOLUTION NO. 9961 (2008 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO RESCINDING AGREEMENTS, RELEASING SECURITIES, AND REFUNDING FEES IN CONJUNCTION WITH TRACT 2134 (953 ORCUTT ROAD) RECEIVED MAY 0 2 20G9 SLO CITY CLERK JULIE RQDEWALD Sc San Luis Obispo county—Clerk/Recorder 3/3112.008 , Recorded at the request of 3:20 PM RECORDING REQUESTED BY Public j AND WHEN RECORDED MAIL TO: D O C # : 2008016149 Tines: '1 Pages: 4 City Clerk's Office .Fees 0.00 � CITY OF SAN LUIS OBISPO Taxes 0.00 ! 990 Palm Street Others 0.00 I San Luis Obispo, CA 93401 PAID 50.00 This document is recorded for the benefit of the City of San Luis-Obispo, A Municipal Corporation, and is exempt from fee per Government Code Sections 27383. RESOLUTION NO. 9961 (2008 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO RESCINDING AGREEMENTS, RELEASING SECURITIES, AND REFUNDING FEES IN CONJUNCTION WITH TRACT 2134 (953 ORCUTT ROAD) RECEIVED MAY 0 2 20G9 SLO CITY CLERK r RESOLUTION NO. 9961 (2008: Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO RESCINDING AGREEMENTS, RELEASING SECURITIES, AND REFUNDING FEES IN CONJUNCTION WITH TRACT 2134 (953 ORCUTT ROAD) WHEREAS, a,final map for Tract 2134 was approved by the City Council by its Resolution No. 9026'2000 Series); and WHEREAS, certain agreements were approved in conjunction with the final map for Tract 2134; and WHEREAS, fees and bonds were collected in conjunction with the final map for Tract 2134; and WHEREAS, a final map for Tract 2707 was approved by the City Council by its Resolution No. 9928 (2007 Series); and a WHEREAS, the Tract 2707 final map supersedes the Tract 2134 final map; and WHEREAS, the open space area dedicated with Tract 2707 replaces and substantially increases the open space area dedicated with Tract 2134; and WHEREAS, the Open Space Agreement for Tract 2134 will be replaced with an Open Space Agreement for Tract 2707; and WHEREAS, a Notice of Requirements recorded with the Tract 2134 final map is no longer applicable; and WHEREAS, the Subdivision Agreement associated with Tract 2134 is no longer applicable; and WHEREAS, construction inspection fees were collected with the Tract 2134 final map; but construction never commenced, and WHEREAS, a pavement overlay, fee was collected with the Tract 2134 final map, but is no longer applicable. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AS FOLLOWS: 1. The Open Space Easement Agreement recorded March 28, 2000, as Document No. 2000- 016010 in the Official Records of the County Recorder of San Luis Obispo County, is hereby rescinded. 2. The Notice of Requirements recorded March 28, 2000, as Document No. 2000 - 016009 in the Official Records of the County Recorder of San Luis Obispo County, is hereby rescinded. R9961 Resolution No. 9961 (2008gries) • Page 2 3. The Subdivision Agreement for Tract 2134, Unit 1 is rescinded and the developer is hereby released of his obligations. i 4. The remaining bonds being held by the City to guarantee completion of Tract 2134 may be released at this time. 5. . The _inspection fed" of $35,332 and pavement overlay fee of $14,310 may be refunded at this time. 6. City staff is authorized to take action necessary to carry out the intent of this resolution. Upon motion of Council Member Carter, seconded by Council Member Mulholland, and on the following roll call vote: AYES: Council Members Carter, Mulholland and Settle, Vice Mayor Brown and Mayor Romero NOES: None ABSENT: None The foregoing resolution was passed and adopted this 1.8`h day of March 2008. s Mayor David F. Romero ATTEST: Audrey ljooper City Clerk APPROVED AS TO FORM: �onathqpll. Lowell i y Attorney CERTIFICATION I, Audrey Hooper, City Clerk, do hereby certify that the foregoing is a true and correct copy of Resolution No. 9961 (2008 Series) adopted by the San Luis Obispo City Council at a regular meeting on March 18, 2008. WITNESS MY HAND AND THE SEAL OF THE CITY OF SAN LUIS OBISPO. DATE: March 25, 2008 Audrey oper City Clef The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. Telecommunications Device for the Deaf (805) 781 -7410. SID OF DOCUMENT