HomeMy WebLinkAboutD-1996-10029 2653 Victoria, APN 004-925-013, Lot 14, Block 5, Imperial Addition Recorded 02/23/1996RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of San Luis Obispo
Public Works Department
955 Morro Street
San Luis Obispo, CA 93401
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AGREEMENT TO PRESERVE TREES
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This agreement is between the CITY OF SAN LUIS OBISPO, a Municipal
Corporation (hereafter referred to as "City ") and __ Rosalyn Carroll.
(hereafter referred to as "Owner ") with reference to the following facts:
A. Owner owns the following described real property in the City of San Luis
Obispo n Luis Obispo, State of California:
2653 Victoria
APN: 004- 925 -013
Lot 14, Block 5 of the Imperial Addition to the City of San Luis Obispo Qf
B. Owner desires to construct a new commercial building with related site work
and parking- (hereafter referred to as "Project "), and
C. City, as a condition of this project, requires the protection and preservation of
trees on said lots, for the public health, safety and welfare, and for the benefit of Owner.
The parties hereto agree as follows:
1. Owner and his heirs and assigns agree to preserve and protect trees as shown
on Exhibit "A" for the use and benefit of all said lots.
2. Trees to be preserved shall be clearly marked and protected at all times during
grading and construction activities with a temporary 4 -foot chain link fence or similar
barrier. Owner shall safety prune trees and install protective fencing along driplines of the
trees prior to grading or construction activities, to the approval of the City Arborist.
3. Owner and his heirs and assigns hereby agree to provide the following
remedies, should one or more of the trees protected by this agreement are damaged or
killed:
a. Damaged trees shall receive expert tree care, including but not limited
to tree surgery, pruning, guying and staking, and whatever care is deemed necessary by
1 996 -1 0029
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Agreement to Preserve Trees
Page 2
the City. Arborist.
b. Any tree destroyed or damaged beyond repair shall be replaced with two
trees, with type and location to be approved by Community Development Department
staff. Replacement trees shall be no less than 24 -inch box size trees and shall be
selected and planted so as to provide the same general growth characteristics (size at
maturity and shape) as the tree that is lost.
c. The owner agrees to pay the city a compensatory fee, as a civil penalty,
for each tree removed without City authorization, or which dies or is damaged beyond
repair as a result of grading or construction activities, as determined by the City Arborist.
Compensatory fee shall be set at $50 per inch of tree trunk diameter at 4.5 feet height,
or 50 percent of tree value, whichever is greater, as estimated by the City Arborist. In this
case the Arborist has determined the value to be $5000.00
d. The owner agrees to .file with city, a Certificate of Deposit or a letter of
credit, or other security in the amount of $5000.00 to the approval of the City Attorney,
to ensure performance of the terms of this agreement. The security shall continue in
force during construction activities and for one year beyond the date a final inspection is
approved for the project. The Public Works Director shall release the security and
developer from this agreement when he determines that all terms of this agreement have
been met.
land.
4. The owner acknowledges that this agreement is a covenant running with the
ALL SIGNATURES MUST BE NOTARIZED
Owner: \ / /date
,✓ City of San L
Public Works
its Obispo by
Director
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Owner: salyn Carroll date
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Agreement to Preserve Trees
Page 3
State of California }
County of San Luis Obispo }
On _f �IbA 11-" -� 22, , 19_qL-, before me, A 3Yk (2.,j U- VVVI/V1 , Notary
Public, personally appeared '�R'ps!t �Q n CxxY Y'J 1 \
0 personally known to me or ( ) pr ved to me on the basis of satisfactory evidence to be the
personK whose name(' is /W subscribed to the within instrument and acknowledged to me that
Wshe /executed the same in jWher /tbeircapacity#W, and that byd /her /tbeizsig nature OK
on the instrument the person,(, or the entity upon behalf of which the person acted, executed the
instrument.
W ess my hand and official seal.
DIANE M. COLEMAN
COMM. * 1021532 z
Z Notary Pubac = COB fa. o
Notary Public SANLu1S 0111SPO COUNTY
N►Y Comm. Erpiroo MAR 21. IM
Capacity claimed by signer(s):
` A individual(s) () corporation ( ),partnership () attorney -in -fact () political agency
State of California }
County of San Luis Obispo }
On , 19 , before me, , Notary
Public, personally appeared.
( ) personally known to me or ( ) proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that
he /she /they executed the same in his /her /their capacity(ies), and that by his /her /their signature(s)
on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
Witness my hand and official seal.
Notary Public
Capacity claimed by signer(s):
( ) individual(s) ( ) corporation ( ) partnership ( ) attorney -in -fact ( ) political agency
c: \HOWARD \2653vict
EXHIBIT "A"
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