HomeMy WebLinkAboutR-8592 Declaring Building on City Property as Surplus - 860 Pacific Streetn
RESOLUTION NO. 8592(1996 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO DECLARING A BUILDING AS SURPLUS PROPERTY
WHEREAS, the City has acquired the property at 860 Pacific Street for expansion of
downtown parking, and;
WHEREAS, the Cultural Heritage Committee has considered the merits of the building
and found the house does not meet the criteria for historically significant buildings, and;
WHEREAS, the Community Development Department has reviewed the proposed
removal of the building and has determined there would be no significant environmental impact.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis
Obispo hereby declares:
SECTION 1. The building at 860 Pacific Street as shown in Exhibit A is surplus
property.
SECTION 2. That the removal of the building at 860 Pacific Street .is categorically
exempt from the provisions of the California Environmental Quality Act (Section 15301),
because removal of the building will not pose a risk to the public, surrounding property, or to
natural resources, and the City's Cultural Heritage Committee has determined that the building
is not culturally, historically, or architecturally significant:
J
SECTION 3. Disposal of the building shall be made by sale at public auction or by
another method of disposal in accordance with the City's surplus property policy as determined
by the Director of Finance to be in the best interest of the City.
Upon motion ofCouncil Member Romerogeconded by vice Mayor Williams
and
on the following roll call vote:
AYES: Council Members Romero, Williams and Mayor Settle
NOES: Council Member Roalman
ABSENT: Council Member Smith (not participating)
the foregoing resolution was adopted this 22nd day of October
1996.
Attachment B
D_0 G09
i
8592
Resolution (1996 Series)
Page 2
ATTEST:
tty Clerk Bprrfe • GawfZ
APPROVED AS TO FORM:
n
Gio 50 0 155 70 5
0
I N
q m a OW
'$ I'. I o 0
0! JS?IS
W I 40
G 84.03 N I QDI V m a Y
W °m
O ¢.m
-4 7825_
M 90 57.5
L
0
I
0
• N ro
r
o
GARDEN,,,,, IN ST.o
Q s+ y
m
~
,Je} •w
697 41.71,
ne°
42.5
ve •m,
57.9 `YS
OV
o NIPOMO
ST.o
D
A
Z
P
s
u
nw
_
30
166
7.3
77,
60
-
30 -
40
70
n
N
ro
GMy9 5
D
I'
O
D
�
'
S!S °JO'. E•S�] ° °5'E
B7
)
m W
.s0
G
I
N
m � lu a
30120 130
n � -•N
0
0 '98 roa 57
r o
_
—•
62.8
e'j:eef Solo
°
�42,5
50 23
50
/1°.
- - --
n`'�.
— 150
y
a u
N O
y +
u u:
a
Ugy
FIN
�
_
O
O
60
60
u
0
�+•.v
•
?
W •
O
o' m — 0
60
{Y
50
ro — O
?
o'
(p N W
R
_ •. ,�,.
150
O
n
A 115.4.
O
O
• � O
e,
®
30
N
5.0
O
to
IS
m
�1 m Z
o-
yyo°
a. I
I
u
ro
°
o
zoy
a
I
30
.1
20' JO
SO
30
23 I 65.0 V
I
u
W
N BROAD
ST."
60
Gio 50 0 155 70 5
0
I N
q m a OW
'$ I'. I o 0
0! JS?IS
W I 40
G 84.03 N I QDI V m a Y
W °m
O ¢.m
-4 7825_
M 90 57.5
L
0
I
0
• N ro
r
o
GARDEN,,,,, IN ST.o
Q s+ y
EXHIBIT A
m
~
,Je} •w
697 41.71,
ne°
42.5
ve •m,
57.9 `YS
uo4 13"
23 50
v ;
D
A
Z
m
s
u
nw
1
nos
.•
4
m
m
ys
-
N
45
W
W
m r
�
x5
o.
-- r
Q
m W
.s0
ro
I O
50
_
m � lu a
30120 130
n � -•N
�.
r o
_
62.8
e'j:eef Solo
°
�42,5
50 23
50
EXHIBIT A
o GHORRO ,
„s,..
m
°= ST..o
v�
'
v ;
m
45 13
• . r a
nw
me
nos
.•
4
m
m
ys
-
EXHIBIT A
o GHORRO ,
„s,..
m
°= ST..o
v�
'
v ;
m
45 13
• . r a
nw
me
nos
_no
50 20 30 a
05 so 1 63 4
-
W
W
o.
-- r
a so
m W
.s0
ro
I O
50
m � lu a
30120 130
n � -•N
�.
y +
a
Ugy
FIN
_
O
60
60
oN rp�v
IJm
V-N
�
N
D y
R
_ •. ,�,.
150
'' o
150
A 115.4.
3.
e,
®
30
N
5.0
O
500
�1 m Z
o-
yyo°
a. I
I
u
ro
. I A iW
zoy
I
125
I
u
W
SO
60
50
25
60
30
50 T' S0 ...65.4
70
I
Z (
oM0RRO
45
ST. o
cc
-
S76°53'E
Ox
A ro
N
EXHIBIT A
0
I'Y
ll
h
:
+
.':
\
This Agreement is made this of 1997 by and between the CITY OF
SAN LUIS OBISPO (hereinafter referred to as "CITY"),
the "PURCHASER').
(hereinafter referred to as
The CITY desires to sell and have moved from City property a surplus building at 860 Pacific Street. In
addition to complying wittr the following agreement conditions, PURCHASER must meel all other terms and
conditions as indicated in the Conditions for Sale and Removal specifications which are hereby incorporated as
part of this agfeement as though fully set forth. (See Attachment A)
1. Condition of Sale
The PURCHASER agrees to provide a site for the building to be relocated to and said site shall be in
the possession (escrow without contingencies or actual ownership) of PURCHASER prior to the final
execution of the sales agreement. PURCHASER shall provide evidence of ownership by a means
acceptable to the CITY. PURCHASER agrees to cover all costs associated with the actual moving of
the building along the intended route to the new site.
2. Conditions for Removal
The entire structure must be removed from City properly. All utilities must be disconnected and
capped at the street. All overhead power and phone lines must also be disconnected from the building.
City shall be responsible for the sewer and water abandonment, PG & E and phone disconnections.
The site of the structure must be free of debris as a result of moving the building. PURCHASER shall
be responsible for clearing the site, but not the removal of the foundation, deck, concrete slab, or small
concrete block addition on site. Purchaser must have the proper permits and have complied with the
provisions of the City of San Luis Obispo Municipal Code as they relate to the moving of a building
including architectural review. Any variation to this section shall require prior city approval.
3. Commencement and Removal
This agreement covers conditions for removal and PURCHASER agrees to have the structure removed
from City property no later ttran 90 days from the execution date of this agreement.
4. Compensation
SI]RPLUS PROPER.TY AGREEI\{EIYT
5. Hold llarmless and Indemnity
The Purchaser agrees to defend, indemniff, protect and hold ttre City and its agents, officers and
employees harmless from and against any and all claims asserted or liability established for damages or
injuries to any person or property, including injury to the Purchaser's employees, agents or officers
which arise from or are connected with or are caused or claimed to be caused by the aqts or omissions
of the Purchaser, and its agents, of;ficers or employees, in performing the work or services herein, and
all expenses of investigating and defending against sarpe; provided, however, that Purchaser's duty to
indemniff and hold harmless shall not include any claims or liability arising from the established sole
negligence or willful misconduct of the City, its agents, officers or employees.
A3'J
PURCHASER will compensate the CITY the sqry of $1.00 for the building at 860 Pacific Street.
CITY shall pay PURCHASER the sum of g)L- iSy for relocation costs associated with
relocation of the building.
n
6. Termination
The agreement shall become null and void if PURCHASER fails to meet any of the terms and
conditions for removal unless auttrorized in writing by the CITY. In the event the PURCHASER fails
to meet any requirement for the removal of structure, the structure shall be retained under the
o_ynegs_hip of the CITY and PURCHASER shall forfeit all rights, claims, or compensation paid to the
CITY for the structure.
7. fnsurance
Before commencing wittr the.removal_of the structure, PURCHASER and its subcontractors will supply
to the CITY duly issued certificates of insurance for the following coverage:
a. Comprehensive General .I,iability and Automobile Liability-The limit of liability for each shall
be not lesq than$1,000,000 for each occurrence and in the aggregate for bodily injury and not
less than $1,000,000 for each occurrence and in the aggregate for property ilamage. These
certificates shall name the CITY as additional insured.
b.Worker's Compensation Insurance--This insurance shall comply with the statuary form and
requirements
8 Codes, Licenses, Permits and Regulations
PURCHASER and its subcontractors represents that it is fully familiar with all ordinances, codes, rules
and regulations and possesses any and all licenses, permits, and any other requirements and approvals
required to remove the structure from City property.
The CITY reserves the right to modify this agreement upon mutual written approval from both parties
Dated 1997
SAN LUIS OBISPO PURCHASER
John Dunn
City Administrative Officer
APPROVED AS TO FORU:
ATTACHIGNT A
SURPLUS PROPERTY
The City of San Luis Obispo is soliciting sealed bids for the sale and removal of a suqplus building
currently owned by the City. The property is a circa 1920's two-story house located at 860 Pacihc
Street. The property will be available for public viewing prior to the deadiine for the sealed bids.
Cond.itions of SaIe and Removal
860 Pacific Street
Building
The house must be removed in its entirety from the site with the exception of the foundation. Purchaser
must be in possession of an approved site to relocate ttre building, either in escrow with no contingencies
or actual ownership prior to the signing of surplus property agreement.
Electrical and Plumbing
A11 utilities must be disconnected and capped at the street. All overhead phone and power lines and any
other utilities connection must be disconnected and terminated at the source. Purchaser shali coordinate
with the City to insure all necessary disconnections are completed prior to the removal of the buildings.
City shall be responsible for the sewer and water abandonments and PG & E and phone disconnections.
Insurance
Purchaser and/or subcontractors shall have liability insurance in the amount of $1,000,000 per
occulrence pursuant to City's standard specifications as set forth in Attachment 2. CITY shall be named
as additional insured.
General
Purchaser will be responsible for ttre prevention of release of any potential hazardous materials into the
environment and witl be solely liable for their clean-up and removal. Purchaser will be responsible for
arranging all aspects (traffic control and delineation, overhead clearances, etc.) of the actual removal and
moving of the structure along city and state streets and must have the proper permits and clearances
prior to the actual removal of the specified structure. Purchaser will be responsible for clean-up of the
building site of any residual debris as a result of moving the structure from City properfy. Purchaser
will be responsible for removal of any trees on City property that are required to move the building off
site. Purchaser shall enter into a Surplus Property Agreement in substantially the form set forth in
Attachment 1.
Special Conditions.
Purchaser will be responsible for obtaining all necessary approvals and any associated fees for
architectural review.
Purchaser shall be subject to the provisions of the City of San Luis Obispo Municipal Code Sections
15.36.90--15.36.200 inclusive as they pertain to the requirements for the moving of a building within
or through the City limits, as set forth in Attachment 3.
GENERAL TERMS AND CONIDITIONS
Bid requirements
Requirement to Meet All Provisions. Each individual or firm submitting a bid shall meet
all terms and conditions of the specification package. By virtue of its bid submittal, the
bidder acknowledges agreement with and acceptan.r of att piovisions of the bid specifications.
Bid Submittal. Each bid shall be submitted on the bid form included with the specification
package. Bid documents shall be enclosed in an envelope which shall be sealed and addressed
to the Finance Department, 990 Palm Street, San Luis Obispo, CA 93401. In order to guard
against premature opening, the bid should be clearly labeled with bid titie, property address,
specification number, bidder name and address, and time and date of bid opening.
Bid Withdrawal. A bidder may withdraw its bid, without prejudice prior to the time
specified for the bid opening, by submitting a written request to the Finance Department for
its withdrawal, in which event the proposal will be returned to the bidder unopened.
Submittal of One Bid Only. No individual or business entity of any kind shall be allowed
to make or file, or to be interested in more than one proposal for each surplus property listed,
except an alternative proposal when specifically requested; however, an individual or business
entity which has submitted a sub-proposal to a bidder submitting a proposal, or who has
quoted prices on materials to such bidder, is not thereby {isqualified from submitting a sub-
proposal or from quoting prices to other bidders submitting proposals.
Communications. All timely requests for information submitted in writing wili receive a
written response from the City. Telephone communications with City staff are not
encouraged, but will be permitted. However, any such oral communication shall not be
binding on the City.
1
2
J
4
5
J
6
CONTRACT AIYARD AND EXECUTION
Proposal Retention and Atvard. The City reserves the right to retain all proposals for a
period of 30 days for examination and comparison. The City also reserves the right to waive
nonsubslantial irregularities in any proposal, to reject any or all proposals, to reject or delete
one part of a proposal and accept the other, except to the extent that proposals are qualifiecl
by specific limitations, and to make award to the lowest responsible, responsive bidder as the
interest of the City may require. See Conditions of Sate and Removal for any other proposal
evaluation.
Competency and Responsibility of Bidder. The City reserves full discretion to determine
the competence and responsibility, professionally and/or financially, of bidders. Bidders will
provide, in a timely manner, any and all information which the City deems necessary to make
such a decision.
Contract Requirement. The bidder to whom award is made shall execute a written contract
with the City within ten (10) calendar days after notice of the award has been sent by mail
to it at the address given in its proposal. The contract shall be made in the.form adopted by
the City and incorporated in these specifications.
Failure to Accept Contract. The following will occur if the bidder to whom the award is
made @urchaser) fails to enter into the contract: the award rvill be annulled; any bid security
will be forfeited in accordance with the Special Terms and Conditions if a bidder's bond or
security is required; and an award may be made to the next lowest responsible, responsive
bidder who shall fulfill every stipulation as if it were the party to whom the first award was
made.
10.Insurance Requiremenh. The Bidder shall provide proof of insurance in the form,
coverages, and amounts stated in the specifircations.within ten (10) calendar days after notice
of contract award as a precondition to contract execution.
CONTRACT PERFORMANCE
11.
7
8
9
t2
Ability to Perform. The Bidder warrants that it possesses, or has arranled through
subcontracts, ali capital and other equipment, labor, materials, and licenses necessary to carry
out and complete the work hereunder in compliance with any and all federal, state, county,
city, and special district laws, ordinances, and regulations.
Laws to be Observed. The Bidder shall keep itself fully informed of and shall observe and
comply with all applicable state and federal laws and county and City of San Luis Obispo
ordinances, regulations and adopted codes during its performance of ihe work.
A.+
,13
l4
15.
16.
t7
18.
19.
Permits and Licenses. The Bidder shall procure all permits and licenses, pay all charges and
fees, and give a1l notices necessary. ' L r
Safety Provisions. The Bidder shall conform to the rules and regulations pertaining to safety
established by OSHA and the California Division of Industrial Safety.
Preservation of City Property. The Bidder shall provide and install suitable safeguards,
approved by the City, to protect City property from injury or damage. If City property is
injured or damaged as a result of the Bidder's operations, it shall be replaced or restored at
the Bidder's expense. The facilities shall be replaced or restored to a condition as good as
when the Bidder began work. Furthermore, the City shall not be responsible or liable for loss
or damage to property or its contents after the bid award.
Inspection. The Bidder shall furnish City with every reasonable opportunity for City to
ascertain that the services of the Bidder are being performed in accordance with the
requirements and intentions of the contract. All work done and all materials furnished, if
any, shall be subject to the City's inspection and approval. The inspection of such work shall
not relieve Bidder of any of its obligations to fulfiU its contract requirements.
Holcl Harmless and fndemnification. The Bidder agrees to defend, indemnify, protect and
hold the City and its agents, officers and employees harmless from and against any and all
claims asserted or liability established for damages or injuries to any person or property,
including injury to the Bidder's employees, agents or officers which arise from or ate
connected with or are caused or claimed to be caused by the acts or omissions of the Bidder,
and its agents, officers or employees, in performing the work or services herein, and all
expenses of investigating and defending against same; provided, however, that the Bidder's
duty to indemnify and hold harmless shall not include any claims or liability arising from the
established sole negligence or willful misconduct of the City, its agents, officers or
employees.
Contract Assignment. The Bidder shall not assign, transfer, convey or otherwise dispose
of the contract, or its right, title or interest, or its power to execute such'a contract to any
individual or business entity of any kind without the previous written consent of the City.
Termination. If, during the term of the contract, the City determines that the Bidder is not
taithfully abiding by any term or condition contained herein, the City may notify the Bidder
in writing of such defect or failure to perform; which notice must give the Bidder a ten (10)
calendar day notice of time thereafter in which to perform said work or cure the defiiiency.
If the Bidder has not performed the work or cured the deficiency within the ten days specified
in the notice, such shall constitute a breach of the contract and ttt. City may terminate the
contract immediately by written notice to the Bidder to said effect. Thereafter, neither party
shall have any further duties, obligations, responsibilities, or rights under the contract except,
however, any and all obligations of the Bidder's surety shall remain in full force and effect,
and shall not be extinguished, reduced, or in any manner waived by the termination thereof.
5
INSURANCE REQUIREMENTS: O peration & Maintenance Contracts
The Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries
to persons or damages to property which may arise from or in connection with the pirior.mance of the work
hereunder by the Contractor, its agents, representatives, employees or subcontractors.
Illinimum scone of Insurance. coverage shalt be at least as broad as:
J"' Insurance Services Olirce Commercial General Liability coverage (occurrence form CG 0001).2. Insurance Services Office form number CA 0001 (Ed. i/87) covering Automobile Liability, code t (any auto),3. Workers' Compensation insurance as required by the State of California and Employer'sLiabiliry in*r"n.".
lvlinimum Limits ol Insurance. Contractor shall maintain limits no Iess than:1' General Liability: S1,000,000 per occurrence for bodily injury, personal injury and property damage. If
Commercial General Liability or other form u'ith a general aggregate limit
-is
ur.d, "ith.r the gineral
aggregate limit shalt apply separately to this project/location or the general aggregate limit shallbe trice the
required occurrence limit.
2. Automobile Liability: $1,000,000 per accidcnt for bodily injury and properry damage,3. Employer's Liability: $1,000,000 per accidenr for bodily injury or diiease.
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and
approved by the City' At the option of the City, either: the insurer shatl reduce or eliminate such deductibles
or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor
shall procure a bond guaranteeing payment of loss.es and related investigations, claim adminis.iration and defense
expenses.
Other Insurance Provisions. The general liabiliry and automobile liability policies are to contain, or be endorsed
to c6ntain, the following provisionsi
1. The Ciry, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects:
liability arising out of activities performed by or on behalf of the Contractor; producrs and comileted
operations of the Contractor; premises owned, occupied or used by the Contracior; or automobiles owned
leased, hired or borrowed by the Contractor. The coverage shall contain no special iimitations on the scope
of protection afforded to the Ciry, its officers, official, employees, agents or volunteers.2. For any claims related to this project, the Contractor's insuran.. iou".ug" shall be primary insurance as
respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the
Contractor's insurance and shall not contribute with it.
3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall
not affect coverage provided to the City, its ofFrcers, officials, employees, agen-ts or voluntedrs. '. -
4. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is
brought, except with respect to the limits of the insurer,s liabitity.
5. Elch insurance policy required by this clausb shall be endorsed to state that coverage shall not be suslended,
voided, cancelled by either party, reduced in coverage or in limits except afrer thirly (30) days' prior written
notice by certified mail, return receipt requested, has been given to the city.
Accentability ol Insurers. Insurance is to be placed with insurers with a current A.M, Bestjs rating of no less
than A:VII.
Verification'of Coverase. Contractor shall furnish the City with a certilicate of insurance showing required
coverage. Original endorsements effecting general liability and automobile liability coverage are als-o required
by this clause. The endorsements are to be signed by a person authorized by that insurer io bind .ourrug" on
its behalf. All endorsements are to be received and approved by the City bifore work commences.
Subcontractors. Contractorshall includeall subcontractorsasinsuredunderitspoliciesorshall furnishseparate
certificates and endorse ments for each subcontractor. All coverages for subcontract.ors shall be sdeci'to all
of the requirements stated herein.
250-20 Attochment 2
3' If General Liability, Pollution and/or Asbestos Pollution Liabitity and/or Errors & omissions coverages arcwritten on a Claims Made Form:a' The "Rctro Da[e" must be shown, and must be before thc date of the contract or the beginning ofcontract work.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years
after completion of the contract or work. Ic' If the coverage is cancelled or non-renewed, and not replaced with'another ciaims made policy formwith a ,"Retro Date" prior to the contract effective dale, the Contractor must purchase ,,extended
reporting" coverage for a minimum of five years after completion of the contract or work.d' A copy of the claims reporting requirements must be iubmitted to the City for review.4. The workers compensation policy shall be endorsed with a waiver of subrogation in favor of the City.
Accentability ol Insurers. Insurance is to be placed with insurers with a current A.lvl. Best,s rating oino less
than A:VII. Since Pollution and/or Asbestos Pollution coverages may not be available from ar "Admitted"insurer, the coverage Inay be written by a Non-Admitted insuranie company. A Non-admitted company should
have an A.M. Best's rating of A:X or higher. Pollution and/or Asbesios
"ou"rug", may also be writlen by a
Captive Insurance Company or Risk Retention Group or Captive Insurance Company, the City will .n".t #,f,its Insurance Advisor for further information before ipprou.t.
Verification ol Coverase. Contractor shall furnish the City with certified copies of endorsements.effecting
coverage required by this clause. The endorsements are to be signed by a persin authorized by that insurer tJbind coverage on its behalf. The endorsements. are to be on fo.-ms proviaea by the City, unless the insurance
company will not use the City's form. All endorsements are to be received and aiproved by the City before workcommences. As an alternative to the City's forms, the Contractor's insurer'muy p.ouia" compiete, certifiedcopies of all required insurance policips, including endorsements effecting the'coverage required'by these
specifications.
Sub-69ntractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separatecertiflcates and endorsements for each subcontractor. All coverages for subcontractors shall be subjecf to allof the requirements stated herein.
250-23
l
ORDTNANCE NO. i306 (i996 SERTES)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
DELETING MUMCIPAL CODE CHAPTER 15.36 (DEMOLITTON OF BUILDINGS) AND
ADDING NEW DEN,IOLITION REGULATIONS AS AN
APPENDIX TO THE ADOPTED UNIFORM BUILDiNG CODE
\YHEREAS, the Cultural Heritage Commiltee, Architectural Revierv C6mmission and the
Ciry Council have held hearings to consider the proposed changes to the Municipal Code regarding
the demolition and moving of buildings; and
WHEREAS, the Culrural Heritage Committee and the Architectural Review Commission
have recommended that the City Council revise said regulations to implement General Plan
policies, rvhich call for the protection of the City's historical resources; and
WHERAS, the proposed amendments will streamline and improve the development review
process by reducing the number of review steps required for demolition projects and by pioviding
greater certainty for applicants during the revierv process; and
WHEREAS, the Ciry Council finds that the proposed ordinance changes will promote the
public health, safety, and general rvelfare.
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. The proposed ordinance changes have been evaluated according to the
California Environmental Quality Act and the City's Environmental Guidelines; and after review
and consideration, the Community Development Director has determined that the proposed action
does not conslitute a "project" under said regulations since it consists of general policy and
procedure making, and that no further environmental study is required
SECTiON 2. Chapter 15.36 of the San Luis Obispo Municipal Code is hereby repealed.
SECTION 3. The Uniform Building Code, adopted under Municipal Code Chaprer 15.04,
is hereby amended to add Appendix Chapter 1, as follows.
' Appendk Chapter 1
DEMOLITION AND MOVbiG
OF BUILDINGS
SECTION 110 -- PLTRPOSE
The purpose of this appendix is to eslablish minimum standards and procedures for the dem-
olition and relocation (moving) of buildings and structures to safeguard life, property, health
and public welfare. It is also intended to ensure that moved buildings are structurally sound,
sanitary, habitable, and that they rvill harmonize with existing development in the area to
Attochment 3
Ordinance No
Page 3
i306 , (1996 Series)
Substructure means the foundalion of a building or structure including the piers and
piles.
SECTION L14 -- PERI\{IT REQIIIREMENTS
Il4.l Permit Required. The demoiition or relocation (moving) of any building or stiucture
shall not commence until a permit has been issued by the building official in accordance rvith
the provisions of this chapter and the uniform Administrative code.
EXCEPTION: Temporary construction oftices.
A permit to move a building shall be a building permit when the building is relocated
within the limits of the city. A permit to nrove a building shall be a demolition permit when
the building is relocated to a site outside of the limits of the city.
LL4.2 Moving and Relocation of Buildings.
1L4.2.1 Inspection of buildings to be moved. Ali buildings to be moved into or within the
city shall be inspected by the building official to determine compliance rvith this code and
suitability for moving prior to permit issuance.
114.2.2 Transportation and building permits required. For moving projects, a
transportation pi:rmit shall be obtained from the public works director subsequent to issuance
of a moving perrnit. Building, plumbing, electrical, and mechanical permits shall be required
for all work necessary for the placement of a moved or relocated building
L1'4.3 Procedure for Permit Application Processing. Upon receipt of a permit application
to demolish or move a building or structure, the building officiat shall determine fhe nature of
the proposed project and process the application as follows: ,
1. Demolition of Historical Resource. For any structure located on a property listed
on the Inventory of Historical Resources, the building officiat shall refer the application
to demolish the structure to the Cultural Heritage Committee (CHC) for placement on
its next open agenda. The CHC shall review and process the application as follows:
1. If the CHC determines that the struc[ure to be demolished has no historical,
architectural, or aesthelic significance to the community, it shall refer the matter
back to the building official with direction to issue the demolition permit.
2. If the CHC determines that the structure to be demolished has historic,
architectural or aesthetic significance to the community, it shall direct the
applicant to submit plans for Architectural Review Commission (ARC) review
Ordinance No. 1306. (1996 Series)
Page 5
case of demolition. The application, architectural plans and any applicable CHC
recommendation shall be reviewed and acted on by the ARC.
L14.4.? Findings Required. The building official shall not issue the permit unless the ARC
determines that:
1. For demolition of a slructure, theproposed replacement slruclure is as, or more,
compatible rvith neighboring development than the existing structure, consistent with
ARC guidelines; and either the condition of the structure poses a threat to the health,
safety or rvelfare of the community residents or people living or urorking on or near the
site, or the applicant.has submitted rvritten documentation that it is financially
infeasible to rehhbilitate the slructure or preserve the historic nature of the site.
2. For relocation or moving of a structure, the structure to be moved rvill be
compatible with the nerv site and other buildings in the neighborhood.
114.5 Guarantee. Prior to issuance of a permit to demolish or move a building or structure,
the applicanl shall provide the city rvith a guarantee in such form and amount as may be
deemed necessary by the building ofhcial to assure completion of demolition or moving,
removal of alt debris, cleanup of the site, repair of damage to public improvements, er-ction
of barricades when required and filling of depression below adjacent grade. The amount of the
guarantee for demolition shall be not less than one thousand dollars or trventy percent of the
value of the demolition contract price, rvhichever is greater. The amount of the guarantee for
moving a building or structure shail be twenty percent'of the total value of all work to be
accomplished and associated with moving of the building, but not less than five thousand
dollars. Work required to comply with this section may be completed by the city after the
time limits stated have expired and shall be paid from the deposit. The deposit shall not be
released until such work is completed. '
i
EXCEPTION: 1. No guarantee will be required rvhen ihe demolition permit is
issued at the same time as a building permit for a redevelopment project.
2. \Vhen the structure tb be moved is to be relocated outside the limits of the city, the
amount of the guarantee may be reduced when approved by the building official, but in
no case shall be less than one thousand dollars.
114.6 Indemnity. Every person, firm or coqporation to whom permission has been granted
under the terms of this chapter and other ordinances to utilize public property for the
demolition or moving of any building or structure shall at all times assume responsibility for
any da.mage to public property. Such permission shall be further conditioned that any person,
firm or coqporalion shall, as a consideration for the use of public property, at all times release,
hold harmless and indemnify the city and all of its agents and employees from any and all
5
,l
Ordinance No. 1306 (i996 Series)
Page 7
115.1 General. The demolition or moving of any building shall not commence until the
structures required for protection of persons and property are in place. Such structures shall
conform to the applicable provisions of Chapter 33 of this code. Prior to permit issuance, a
schedule of operations shall be submitled to the building official for review and approval, and
shall set forth a sequence of rvork on the building, the need to barricade public streets, details
of travel to and from the site for hauling operations, route of moving, estimated completion
date, and any other significant rvork rvhich may require inspection or coordination with city
departments.
I15,2 Dust and Debris. During demolition operations, all material removed shall be wet
sufficiently or othenvise handled to control the dust incidental to removal.
All adjacent streets, aileys and other public rvays and places shall be kept free and clear
of all rubbish, refuse and loose material resulting from the moving, demolition or demolition
removal operations, except as allorved by temporary encroachment permits approved by the
public works director.
1L5.3 Firesafety During Demolition. Fire protection and exit safety shall be maintained as
required by the Fire Code
SECTION 116 -- REMOVAL OF MATERIATS
116.L General. All building rubble and debris shall be removed from the demolition site to
an approved point of disposal.
1L6,2 Foundations. All foundations; concrete slabs and/or building substructures shall be
removed to the satisfaction of the building official.
EXCEPTION: Foundations, concrete slabs on grade an_d building substructures may
remain if the site is fenced to the satisfaction of the building official.
116.3 Completion. Upon completion of the removal of a building or structure by either
demolition or moving, the.ground shall be left in a smooth cqndition free of demolition debris
Holes in the ground, basements or cellars, shall be filled to existing grade.
EXCEPTION: The filling of such excavation may not be required when a building
permit has been issued for a neiv building on the site and the construction thereof is to
srart within sixty days after the completion of demolition or moving operations and the
permittee provides a temporary barricade protecting the excavation on all sides to the
satisfaction of the building official.
SECTION 4. A synopsis of this ordinance, approved by the City Attorney, together
7
1 1a
Ordinance No. 1306 (1996 Series)
ABSENT
FINALLY PASSED this 3rd day of September, 1996, on motion of Council
Member Roalman, seconded by Council Member Smith, and on the following roll call vote:
AYES:Council Members Roalman, Smith and Mayor Se$le
Council Members Romero and Williams
None
NOES:
Mayor Allen K. Settle
ATTEST:
Clerk B Ga
.?
ex;y cps&tt Bi."is
.'community Development Department, ggo palm street, san Luis obispo, cA 93401
To applicants: The following list includes all the items you must submit for a complete application, some specifictypes of information may not apply to your project and, as noted, some items are not normally required. lf you arenot sure, ask planning staff ' Planning staff will use a copy of this list to check your application for completeness af terit is.submitted. lf you have any questions, please call (go5) 791-7172,
Final Architectural Review - Application Checklist
APPLICATIoN FEE: $580.00
1, Completed planning application form. (lf a complete form
and fee was submitted for schematic review, another
application and fee is not needed.)
2. Vicinity Map showing the location of the property.
3. Twelve sets of plans folded lo 8-1 12,'X 14,' (Eight setsif the project has received schematic approval and has
not been substantially revised).
Each set of plans must contain:a. Project statistics
b. A site plan
c. A grading and drainage plan
d. Sectional drawings
e, Schematic floor plans
f , Elevations
S. Site furniture and details
h. A landscape development plan
i. Sign proposals
Each sheet of the plans must contain:a. The name and address (location) of the project.. b. The scale of the illustration.
c. The date of preparation and/or revisions.d. The name of the applicant.
e. The name of the person or firm'preparing the
plans.
All drawings must be prepared to a standard architect's
or engineer's scale. Plan views must include a"north
a rrov/,
A. Project Statistics & Other lnformation
1. The zoning and current uses of the site and adjacent
properties.
2. The total square footage of the project site.3, The area of the site to be covered by buildings and
paved surfaces, and structures to be removed.
4. Allowable and proposed density for residential
projec ts .
5. The total number of proposed dwelling units and
existing units that vrill remain, listed by number of
bedrooms,
.6. A calculation of the number of parking spaces
required and provided.
7. Square footage of planted areas, excluding setback
areas.
B. Site Plan
1. Dimensioned property lines and all building setbacks.2. Location, name and width (including required
widening) of adjacent streets.3. Existing and proposed public and private easements.4. The name, location and width of watercourses,5. Highlight all proposed buildings and improvements,
and indicate existing buildings and improvements
which will be retained. Also indicate any structures
to be removed,6. Access and circulation of pedestrians and vehicles.7. Parking spaces and aisles, dimensioned; the flow of
traffic should be noted by arrows.8. Location of bicycle parking and storage facilities.9. Walls, fences and exterior lisihting structures.
10. Location of signs.
1 1. Location,of recycling/ref use enclosures.
12, Planted areas and outdoor-use areas.
13. Location of all existing trees over 3" trunk diameter.
Give type, trunk and canopy diameter, and status
(e.9. to be. removed, saved, relocated).
14. Location and use.of nearest struc.tures on adjacent
properties.
C. Grading and Drainage Plan
1. Existing and proposed contours, finished floor
elevations, retaining walls.
2. Approximate area, depth, and volume of cuts and
height and location of fills.
LEGEND: y' Provided o Required but not provided x Not Required
i iltlii
ililil11
lll
&e,Wop$anluls onrspCI
" Community Development Department, ggO Palm Street, San Luis Obispo, CA 93401
To applicants: The following list includes atl the items you must submit for a complete application. Some specifictypes of information may not apply to your project and, as noted, some items are not normally required. tt you arJnotsure,askplanningstaff. Planningstaffwill useacopyofthislisttocheckyourapplicationforcompletenessafter
it is submitted. lf you have any questions, please call (BOb) 781-7172.
Minor or lncidental Architectural Review - A pplication Checklist
APPLICATION FEE: S211.00
1. Completed planning application form.
2. Vicinity Map showing the location of the property
3. Two sets of plans folded to g-112,,X 14u.
Each set of plans must containa. Project statisticsb. A site planc. Elevations
Each sheet of the plans must contain:a. The name and address (location) of the
project.
b. The scale of the illustration.c. The date of preparation and/or revisions.d. The name of the applicant.e. The name of the person or firm preparing
the plans.
All drawings must be prepared to a standard
architect's or engineer's scale. Plan views must
include a north arrow.
A. Project Statistics & Other lnlormation
The zoning and current uses of the site and
adjacent properties.
The total square footage of the project site.
The area of the site io be covered by
buildings and paved surfaces, .na
structures to be reinoved.
Allowable and proposed density f or
residential projects.
The total number of proposed dwelling units
and existing units that will remain, listed by
number of bedrooms.
6. A calculation of the number of parking
spaces required and provided.
7. Square footage of planted areas, excluding
setback areas.
B. She Plan
2
3
4
5
Dimensioned property lines and all building
setbacks.
Location, name and width (including
required vridening) of adjacent streets.
Existing and proposed public and private
easements.
The name, location and width of
watercourses
Highlight all .proposed buildings, a nd
improvements, and indicate existing
buildings and improvements which will be
retained, Also indicate any structures to be
removed.
Access and circulation of pedestrians and
vehicles.
Parking spaces and aisles, dimensioned; the
flow of traffic shotrld be noted by arrows,
Location of bicycle parking and storage
-- f acilities,
Walls, fences anO exterior lighting
structures.
Location of signs.
Location of recycling/refuse enclosures.
Planted areas and outdoor-use are.as.
Location of all existing trees over 3" trunk
diameter. Give type, trunk and .canopy
diameter and status (e.g. to be removed,
saved, relocated).
Location and use of nearest structures on
adjacent properties.
6
7
8
o
1.
2.
o.
4,
tr
10.
1't.
12.
13.
14.
LEGEND: y' Provided O Required but not provided X Not Required
I
b n W
Preliminary Report
Fidelity lr{ational Title Company
A Stock Company
PRELIMINARY REPORT
Il. ry_tpglle_ tg__!!e_ application for a policy of title insurance referenced herein, FIDELITYNATIONAL TITLE COMPANY hereby reports that it is prepared to issue, or cause to be issued,
as of the date hereof, a^Policy_or Policies of Title Insurance ilescribing the land and the estate oi
interest therein hereinafter set forth, insuring-against loss wlich may be-sustained by reason of any
defect, lien or encumbrance not shown or referred to as an Exception herein or nofexcluded frorir
coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy forms.
The printed exceptions and exclusions from coverage of
Exhibit A attached. Copies of the Policy forms should be
which issued the report.
This. report- (and any supplgments or amendments hereto) is issued solely for the purpose offacilitating the issuancg.gf 4 Policy or Policies of title insurance and no liability is assumed hereby.If it is desired that liability be assumed prior to the issuance of a policy of titlti insurance, a Bind'er
or Commitment should be requested. The Policy(s) of title insuiance to be issued hereunder will
be policies of FIDELITY NATIONAL TITLE INSURANCE COMPANY, an Arizona Corpora-
tion.
Please read the excep_tion shown or _referred to below and the exceptions and exclusions setforth in Exhibit A of this report_carefully. The exceplions and exclusions are meant to provideyoq with notice of matters which are not covered under the terms of the title insuranci policy
and should be carefully considered.
It is_importSn! to note that this_preliminary report is not a written representation as to thecondition of title and may not list all liens, defects and encumbrancei affecting tifle to theIand.
said Policy or Policies are set forth in
read. They are available from the office
Fidelity National Tiile Company
BY
PresidentATTEST
J--u(.q'fl*-\ot.u1om.*-
\ secrerary
Countersigned
BY
Authorized Signatory
SEAL
FORM 210-89-94 (1/5/94) (PRNT 2ye6)
PRELTMtNARy REpoRT covER - E*Hlerr n
EXHIBIT A
(coNTTNUED)
AMERICAN TAND TITTE ASSOCIATION LOAN POTICY (10.17-92')
WITH A.I.T.A. ENDORSEMENT - FORM 1 COVERACE AND
AMERICAN LAND TITI.E ASSOCTATION I.EASEHOTD TOAN POTICY (1O:17.g2)
WITH A.I..T.A. ENDORSEMENT. FORM 1 COVERACE
SCHEDULE OF EXCI.USIONS FROM COVERAGE
The folloring matters are expressly excluded from the coterage of this policy and the Companywill not pay loss or damage, costs, attorney,s fees or expensei which arise by reason of:l. (a) Any law, ordinance or governmenral regulation (including but not limited to building
and zoning laws, ordinances, or regulations (restricting, prohifiting or relating to (il
th.e occupancy, use, or enjoyment of the lind; (ii) the chiracter, dime-nsions or lo-cation
of any imprwement now or hereafter erected on the land; (iii) a separation in olnership
or a change in the dimensions or area of the land or any parcel of which the land
is or was a part; or (iv) environmental protection, or the effect of any violation of these
laws, ordinances or governmental regulations, except to the extent that a notice of the
enforcement thereof or a notice of a defect, lien or encumbrance resulting from a
violation or alleged violation affeoing the land has been recorded in the publii recordsat Date of Policy.
(b) Any governmental police power not excluded W (a) above, except to the extent that
a notice of the exercise thereof or a notice of a defect, lien or encunrbrance resulting
from a violation, or alleged violation affecting the land has been recorded in the publil
records at Date of Poliry
2. Rightsofeminentdomainuntessnoticeoftheexercisethereofhasbeenrecordedin
the public records at Date of policy, but not excluding from coverage any taking which
has occurred prior to Date of policy which u,ould be binding on rheiights of a pu'rchaser
for value without knowledge.
3. Defects, liens, encumbrances, adverse claims, or other matters:
(a) created, suffered, assumed or igreed to by the insured claimant:
(b) not known to the company, not recorded in the pubric records at Date of poricy,
but known to the insured claimant and not disclosed in writing to the Company by
the insured claimant prior to the date the insured claimant became an insured under
this policy;
(c) resulting in no loss or damage to the insured claimant;
The following maners are expressly excluded from the coverage of this policy and the Companywill not pay loss or damage, costs, attorney,s fees or e"pensei which aiise $, reason of: ' '
l. (a) Any law, ordinance or governmental regulation (including but not rimited to building
and zoning laws, ordinances, or regulations (restricting, piohibiting or relating to (il
the occupancy, use, or enjoyment of the land; (ii) the chiracter, dimensions or lo-cation
of any improvement now or hereafter erected on the land; (iii) a separation in ownership
or a change in the dimensions or area of the land or any parcel of which the land
is or was a part; or (iv) environmental protection, or the ef{ect of any violation of these
laws, ordinances or governmental regulations, except to the extent that a notice of the
enforcement thereof or a notice of a defect, lien or encumbrance resulting from a
violation or alleged violation affecting the land has been recorded in the publii records
at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that
a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting
from a violation or alleged violation affecting the land has been recorded in the publil
records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in
the public records at Date of poliry but not excluding from covera8e any taking which
has occuned prior to Date of poricy which wourd be binding on the;i8hr; of a p,irchaser
for value without knowledge.
AMERTCAN t-AND TtTtE ASSOCTATTON OWNER'S pOHCy (10-17-92)
AMERICAN LAND TITIE ASSOCIATION LEASEHOTD OWNER'S POTICY (10.17.92'
SCHEDULE OF EXCLUSIONS FROM COVERACE
(d) attaching or created subsequent to Dale of policy, or
(e) resulting in loss or damage which would not have been sustained if the insured
claimant had paid value for the estate or interest insured by this policy.
Unenforceability of the lien of the insured mortgage because of the inabiiity or failure
of the insured at Date of Policy, or the inability or failure of any subsequent owner
of the indebtedness, to cornply with applicable doing business laws of the state in
which the land is situated.
lnmlidity or unenforceability of the lien of the insured mortgage, or claim rhereof, which
arises out of the transaction evidenced by the insured mortgage, and is based upon
usury or any consumer credit protection or truth in lending law.
Any statutory lien for services, labor or materials (or the claim of priority of any statutory
lien for seruices, labor or materials over the lien of the insured mortgage) arising from
an improvement or work related to the land which is contracted for and commlnced
subsequent to Date of Policy and is not financed in whole or in part by proceeds of
the indebtedness secured by the insured mortgage which at Date of policy the insured
has advanced or is obligated to advance.
Any claim which arises out of the transaction creating the interest of the mortgagee
insured I this pol;cy, ry reason of the operarion o{ federal bankruptcy, state insol;e;cy,
or similar creditors' rights laws, that is based on:
(i) the.transaction creating the interest of the insured mortgagee being deemed a
fraudulent conveyance or fraudulent transfer; or
(ii) the subordination of the interest of the insured mortgagee as a result of the
application of the doctrine of equitable subordination; or
(iii).the transaction creating the interest of the insured morlgagee being deemed a
preferential transfer except where the preferential transfer resulis from the faiture:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or
lien creditor.
Defectg liens, encunrbrances, adverse claims, or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of policy,
but known to the insured claimant and not disclosed in writing to the Company by
the insured claimant prior to the date the insured craimant becJne an insured under
this policy;
(c) resulting in no loss or damage to the insured claimanU
(d) attaching or created subsequent to Date of policy, or
(e) resulting in loss or damage rvhich would not have been sustained if the insured
claimant has paid value for the estate or interest insured by this policy.
Any claim which arises out of the transaction vesting in the rnsured the estate or interest
insured.by this policy, by reason ofthe operation of federal bankruptcy, state insohency,
or similar creditors' rights laws, that is based on:
(i)the transaction creating the estate or interest insured by this policy being deemed
a fraudulent conveyance or fraudulent transfer; or
(ii) the transartion creating the estate or interest insured by this policy being deemed
a preferential transfer except where the preferential transfer results fiom thi failure:
(a) to timely record the instrument or transfer; or (b) of such recordation to impart notice
to a purchaser for value or a judgment or lien creditor
4.
5.
6.
7.
3.
4.
The above ALTA pol icy forms may be issued to afford either standard coverage or Extended
coverage. ln addition to the above Exclusions from coverage, the Exceptions from Coverap,e
in a standard Coverage policy will also incrude rhe {ollowing ceneial Exceptions:
SCHEDUTE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will nor pay costs, attorney's fees or expenses) which arise by reason of:
I' Taxes or assessments which are not shown as existing liens by the records of any taxing
authority that levies taxes or assessments on real property or by the public iecordi
Proceedings by a public agency which may result in taxes or assessments, or notices
of such proceedings, whether or not shown by the records of such agency or by thepublic records.
2. Any facts, rights, interests or claims which are not shown by the public records but
which could be ascertained b/ an inspection of the land or which may be asserted
by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thermf, which are not shcnrun by the public
records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any
other facts which a correct survey woqld disclose, and which are nof shown by the
public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents o, in Acts
authorizing the issuance thereof; (c) water rights, claims or title to water, whether or
not the matters excepted under (a), (b), or (c) are shown by the public records.
PART 1
ln addition to the Exceptions in schedule B, you are not insured against loss, costs, attorney's
fees and expenses resulting from:
1. Covernmental policy power, and the existence or violation of any law or government
regulation. This includes building and zoning ordinances and also laws and regulations
concern ing:. land use. improvements on the land
o land division
o environmental protection
This exclusion does not apply to violations or the enforcement of these matters which
appear in the public records at policy date.
This exclusion does not limit the zoning coverage described in items 12 and 13 of covered
Title Risks.
2. The right to take the land by condemning it, unless:. a notice of exercising the right appears in the public records on the policy Date. the taking happened prior to the Policy Date and is binding on you if you bought
the land without knowledge of the taking.
EXHIBIT A
AMERICAN tAND TITLE ASSOCIATION
RESIDENTIAL TITTE INSURANCE POTICY (6.1.S7) EXCI-USIONS
SCHEDUTE B
EXCEPTIONS
3. Title Risks:
o that are created, allolved, or agreed to by you. that are known to you, but not to us, on the policy Date - unless thev appeared
in the public records
. that result is no loss to you
o that first affect your title after rhe policy Date - this does not limit the labor and
material lien coverage in ltem 8 of Covered Title Risks
4. Failure to pay value for your title.
5. Lack of a right:. to any land outside the area specifically described and referred to in ltem 3 of
Schedule A
or. in streets, alleys,, or lvateMays that touch your land.
This exclusion does not limit the access coverage in ltem 5 of Covered Title Risks.
ln addition to the Exclusions, you are not insured againnst loss, costs, attorney,s fees, and
the expenses resulting from:
1. Any rights, interests, or claims of parties in possession of the land not shown by the
public records.
2. Any easements or liens not shown by the public records. This does not limit the lien
coverage in ltem 8 of Covcred Tide Risks.
The following matters are expressly exclucied from the coverage of this policy and the
Company will not pay loss or damage, costs, attorney's fees or expenses which arise by reason of:1. (a) Any law, ordinance or governmental regulation (including but not limited to building
and zoning laws, ordinances, or regulations) restricting, prohibiting or relating to (i)
the occupancy, use, or enjoyment of the land; (ii) the charactet dimensions or location
of any improvement now or hereafter erected on the land; (iii) a separation in ownership
or a change in the dimensions or area of the land or any parcel of which the land
is or was a part; or (iv) environmental protection, or the effect of any violation of these
laws, enforcement thereof or a notice of a defect, Iien or encumbrance resulting from
a violation or alleged violation affecting the land has been recorded in the public records
at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that
a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting
from a violation, or alleged violation affecting the land has been recorded in the public
records at Date of Policy.
2. RiShts of eminent domain unless notice of the exercise thereof has been recorded in
the public records at Date of Policy, but not excluding from coverage any taking, which
has occured prior to Date of Policy which wtruld be binding on the rights ofa purchaser
for value without knowledge.
3, Defects, liens, encumbrances, adverse claims, or other matters:
3. Any facts about the land which a correct survey would disclose and which are not shown
by the public records. This does not limit the forced removal coverage in ltem '12 of
Covered Title Risks.
4. Any water rights or claims or title to water in or under the land,.whether or not shown
by the public records.
CATIFORNIA tAND TITLE ASSOCIATION STANDARD COVERAGE POTICY - 1990
EXCLUSIONS FROM COVERACE
(a) created, suffered,.assumed or agreed to by the insured claimant:
(b) not known to the Company, not recorded in the public records at Date of policl;
but known to the insured claimant and not disclosed in writing to the Company by
the insured claimant prior to the date the insured claimant became an insured under
this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy, or
(e) resulting in loss or damage which would not have been sustained if the insured
claimant had paid value for the estate or interest insured by this policy.
Unenforceability of the lien of the insured mortgage because of the inability or failure
of the insured at Date of Policy, or the inability or failure of any subsequent owner of
the indebtedness, to comply with the applicable doing business laws of the state in
which the land is situated.
lnvalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which
arises out of the transaction evidenced b^7 the insured mortgage and is based upon usury
or any consumer credit protection or truth in lending law.,
Any claim, which arises out of the transaction vesting in the insured the estate or interest
insured by this policy or the transaction creating the interest of the insured lender, by
reason of the operation of federal bankruptcy, state insolvency, or similar creditors, rights
laws.
4.
5.
6.
SCHEDULE B
EXCEPTIONS FROM COVERACE
This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of:
PART I
1. Taxes or assessments which are not shown as existing liens by the records of any taxing
authority that levies taxes or assessments on real property or by the public records.
Proceedings by a public agenry which may result in taxes or assessmentt or notices
of such proceedings, whether or not shown by the records of such agency or by the
public records.
2. Any facts, rights, interests or claims which are not shown by the public records but
which could be ascertained by an inspection of the land or which may be asserted
d persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown b7 the public
records.
4. Disclepancies, conflicts in boundary lines, shortage in area, encroachments, or any other
facts which a correct survey would disclose, and which are not shown by the public records.5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts
authorizing the issuance thereof; (c) water rights, claims or title to water, whether or
not the matters excepted under (a), (b), or (c) are shown by the public records.
FIDELITY NATIONAI-, TITI,E
1r-s0 osos STREET #rro
SAN LUIS OBISPO, CA 9340].
FTLE NO. .. 5703287
FIDEITITY NATIONAI-, TITLE INSURANCE COMPAIinf
T248 GRAIID AVENUE
ARROYO GRAbTDE, CALIFORNIA 93420(80s) 474-1800
PREIJIMINARY REPORT
ATTN: TANYA
YOUR NO.: S103281-TA
OUR NO. : Sl-03281-
TITLE OFFICER: DENNIS HARWELL
EFFECTIVE DATE:
AUGUST L, 1995 AT 7 230 A.M.
THE FORM OF PO]JICY OR POi,ICIES OF TITI'E INSURANCE CONTEMPLATED BY THIS
REPORT IS;
X CALIFORNIA I,AND TITI,E ASSOCIATION
STANDARD COVERAGE POI-,ICY - 1990
SCHEDULE B
AMERICAN I,AND TITI,E ASSOCIATION ],OAN
PO],ICY - (TO /N / gZ) WITH A. L. T.A. ENDORSEMENT
FORM ]. COVERAGE SCHEDUJ,E OF EXC],USIONS
FROM COVERAGE
THE ESTATE OR INTEREST IN THE ]-,AND HEREINAFTER DESCRIBED OR REFERRED
TO COVERED BY THIS REPORT IS:
A FEE
TITI.,E TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
ROBERT H. WARD AND DOLLY WARD, TRUSTEES OF THE WARD REVOCABLE FAMILY
TRUST DATED DECEMBER 2, L987
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE COUNTY OF SAN
LUIS OBISpO, Siare OF CATIFORNIA, AND IS DESCRIBED AS FOI-,T,OWS:
PLEASE SEE EXHIBIT ONE ATTACHED
FORM T-91-O(euexonn 2/87)
PAGE ].
FILE NO. .. 57O32B7
EXHIBIT ONE
LEGAL DESCRIPTION
THAT PORTION OF LOT 66 OF THE RESUBDIVISION OF LOTS I, 2, 3, 4, 5, 6,
7 , B, 20 AND 21_ AND PART OF T-.,OT 1-9 OF CALIFORNIA PARK, IN THE CITY OF
SAN j,UIS OBISPO, COUNTY OF SAN I,UIS OBISPO, STATE OF CALIFORNIA,
ACCORDING TO MAP RECOR.DED MARCH 7, 1-929 IN BOOK 3, PAGE ]-17 OF MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT IN THE SOUTHEASTERLY L]NE OF SAID LOT, SAID PO]NT
BE]NG THE SOUTHEASTERLY CORNER OF THE PROPERTY CONVEYED TO GLENN A.
NOBLE, ET UX., BY DEED DATED MARCH 24, 1948 AND RECORDED APRIL 5, l-948
rN BOOK 4'75, PAGE 35 OF OFFTCTAL RECORDS;
THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT 66, SOUTH 2OO 261
WEST, 50.65 FEET AND SOUTH 49o 44'WEST, l-54.81 FEET TO A POINT WHICH
BEARS NORTH 49O 441 EAST, 9.31 FEET FROM THE MOST EASTERLY CORNER OF
THE PROPERTY CONVEYED TO RI],EY L. GREEN, BY DEED DATED JUNE 3, L946
AND RECORDED JANUARY 28, 1941 IN BOOK 434, PAGE 87 OF OFFICIAL
RECORDS;
THENCE NORTH 34o 40' WEST, 93.46 FEET TO THE SOUTHEASTERLY LINE OF THE
PROPERTY CONVEYED TO JAMES I,. NORMAN, ET UX., BY DEED DATED DECEMBER
6, L963 AND RECORDED DECEMBER 13, 1963 IN BOOK 1274, PAGE 508 OF
OFFIC]AL RECORDS;
THENCE EASTERLY ALONG SAID SOUTHEASTERLY ],INE TO AN ANGT,E POINT IN THE
SOUTHERLY LINE OF THE PROPERTY CONVEYED TO GLENN A. NOBIJE, ET UX., AS
AFORESAID;
THENCE NORTH 77o 37'EAST ALONG THE SOUTHERI-,Y LINE OF SAID NOBLE
PROPERTY, T25.70 FEET TO THE POTNT OF BEGINNING.
PAGE 2
FILE NO. .. S7O32B7
SCHEDULE B
AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGEIN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SATD POI,ICY
FORM WOULD BE AS FOLLOWS:
].. PROPERTY TAXES, WHICH ARE A I,IEN NOT YET DUE AND PAYABLE,
INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES TO BE LEVIED FOR THE
FTSCAL YEAR L996 - 3-997 .
2. THE LIEN OF SUPPI,EMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE
PROVISTONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE
AND TAXATION CODE OF THE STATE OF CAI-,IFORNIA.
3. ANY INVALIDITY OR DEFECT IN THE TITLE OF THE VESTEES IN THE EVENT
THAT THE TRUST REFERRED TO HEREIN IS INVALID OR FAILS TO GRANT
SUFFTCIENT POWERS TO THE TRUSTEE (S) OR IN THE EVENT THERE ]S A LACK OF
COMPLIANCE WITH THE TERMS AND PROVIS]ONS OF THE TRUST INSTRUMENT.
IF TITLE IS TO BE INSURED ]N THE TRUSTEE (S) OF A TRUST, (OR IF THEIR
ACT IS TO BE INSURED) , THIS COMPANY WI],]-, REQUIRE A TRUST CERTIFICATION
PURSUAI{T TO CAI,IFORNIA PROBATE CODE SECTION 18100.5. THE COMPANY
RESERVES THE RIGHT TO EXCEPT ADDITIONAL ITEMS AND/OR MAKE ADDITIONAL
REQUIREMENTS AFTER REVIEWING SAID DOCUMENTS.
END OF ITEMS
PAGE 3
FrLE NO. .. 5703287
NOTES:
NOTE NO. 1: THERE ARE NO CONVEYANCES AFFECTING SAID LAND,
WTTHIN TWENTY-FOUR (24) MONTHS OF THE DATE OF TH]S REPORT.
RECORDED
NOTE NO. 2.. THE CHARGE FOR A POLICY OF TITIJE INSURANCE, WHEN ISSUED
THROUGH THIS TITLE ORDER, WILL BE BASED ON THE BASIC (NOT SHORT TERM)TITLE INSURANCE RATE.
NOTE NO. 3: PROPERTY TAXES FOR THE FISCAL YEAR SHOWN BELOW ARE PAID
FOR PRORAT]ON PURPOSES THE AMOUNTS ARE:
APN :
FISCAL YEAR :
1ST INSTALLMENT:
2ND INSTALLMENT:EXEMPTION :
CODE AREA :
052-082-033
l_995 - 1,996
$88.42
$88 .42
$ -o-
003 - 000
NOTE NO. 4: I'SECTION L24I3.L, CALIFORNIA INSURANCE CODE BECAME
EFFECTIVE ,JANUARY T, 1990. THIS LEGISLATION DEALS WITH THE
DISBURSEMENT OF FUNDS DEPOSITED WITH ANY TTTLE ENTITY ACTING TN AN
ESCROW OR SUBESCROW CAPACITY. THE LAW REQUIRES THAT ALL FUNDS BE
DEPOSITED AND COLLECTED BY THE TITI-,E ENTITY'S ESCROW AND/OR SUBESCROW
ACCOUNT PRTOR TO DISBURSEMENT OF ANY FUNDS. SOME METHODS OF FUNDING
MAY SUBJECT FTINDS TO A HOLDING PERIOD WHTCH MUSTS EXPIRE BEFORE ANY
FUNDS MAY BE DISBURSED. IN ORDER TO AVOTD ANY SUCH DELAYS, ALL
FUNDINGS SHOULD BE DONE THROUGH WIRE TRANSFER, CERTIFIED CHECK OR
CHECKS DRAWN ON CALIFORNIA FINANCIAL INSTITUTIONS.
NOTE NO. 5: THE CHARGE WHERE AN ORDER IS CANCELLED AFTER THE ISSUANCE
OF THE REPORT OF TITLE, WILL BE THAT AMOI]NT WHICH ]N THE OPINTON OF
THE COMPANY IS PROPER COMPENSATION FOR THE SERVICES RENDERED OR THE
PURPOSES FOR WHICH REPORT IS USES, BUT IN NO EVENT SHALI, SAID CHARGEBE LESS THAN THE MINIMUM AMOUNT REQUIRED UNDER SECTION I24O4.I OF THE
INSURANCE CODE OF THE STATE OF CALIFORNIA. IF THE REPORT CANNOT BE
CANCELLED I'NO FEE'' PURSUANT TO THE PROVIS]ONS OF SAID INSURANCE CODE,
THEN THE MINTMUM CANCELT,ATION FEE SHALL BE $360.00.
NOTE NO. 6: CALIFORNIA REVENUE AND TAXATION CODE SECTION 18658,
EFFECTIVE 'JANUARY 1, 1-99L, REQUIRES THAT THE BUYER IN ALL SALES OF
CALIFORNIA REAL ESTATE, WHEREIN THE SELIJER SHOWS AN OUT OF STATE
ADDRESS, WITHHOLD 3 -I/3? OF THE TOTAL SALES PRICE AS CALIFORNIA STATE
]NCOME TAX, SUB'JECT TO THE VARIOUS PROVTSIONS OF THE LAW AS THEREIN
CONTAINED.
PAGE 4
')FILE /VO. .- 5703287
WIRE TRANSFER INFORMATION
PLEASE WIRE FUNDS TO:
BANK OF AMERTCA
1850 GATEWAY BLVD.
coNcoRD, cA. 94520
ROUTING NO.: 12L000358
ACCOUNT NO. : 12359-1,9445
CREDIT TO THE ACCOUNT OF:
FIDELITY NATIONAL TITI..,E INSURANCE COMPANY
SAN IIUIS OBISPO ESCROW TRUST ACCOLINT
PAGE 5
!.1
F.
@
tso
Iofr
oi
ac
B
o
ofr
r
o
H
!,
p,
fr
a
oo
oo
ho
B
froii
A'c
ts-
oa
rd
Hrdo
U
oo
o5
F
h
rJ
oa
!,
n
ocb
rlooo
Ho
t,
3!,rd
b
oc
co
ao!,
o
CITY OF SAN LUIS OEISPO
@
52-08
rru r4 g PR€nn€D fof,,5sErsgtfttrstil of!(Y
,'1
P.fi. J &
'oo.
!s @ .$
H
H-
tdi{H
FJ
KI
A:7t
Fl
Ho
>tl
F:
H
FJtl
t4
IoFmt]
EH
f
c
;r
----i)o
@
|.)
t.
C)
xmDR.
z
6)m
?9
-,Jqoaqao
ts
C,
TTm
-lm
:D
to
@
,t
Resubdivision Lols ! lo B,2OB2!, pln. I9, Colifotnio Park,
R.M. 8k.3, Pg. l17frr'/'l/z v'rt'tc"
DR.
0
c
@ (')-{
CITY OF SAN LUIS OEISPO
Assessor! Mop 8k.52-Pg.08 .
Counly of Son Luis Obispo, Colif.
Thfe map ls for lnforu.ailonal pur?oseg
oDly aad 1g not a survoy. Ftdellty
Ifiatloaal Tltls doeg not &ssumo &ny
responslblllty or llablllty for lte
&cgtut8,tongs8.
73
BLvo.t( ABANDOIJED
@66
bl
ttt
@;
9t
@
66
9A
97
ftP$t-23-9? I.IED 1B :36 AF T STA ASSOC I ATES+ 1 .tr{FR-z3-g? r.l€D €r9 ! - g Att V - dtTA .A$$6S i ATttS* r.
af 544A5BA
aB3 J{4BFee
P. g2
Fr 9t
Thlr la { F.oufltcr olldr tp th6:. n Oilor,N OHer, D other .tJqtod .,-H."lt* o 7 -,,
ro0otdtn{ (proForly Eddr osg}:
brt*oon rrgqyc(,lt and , "$ellsr,"1. rERH$r Th6 rermr rnd condiuons of th6 6$gv6 relercnced doountont ers icc0pied iublool lo tho tollotrlnglA. pdrasraFils lh tfto purchesc contrilst (offot) whlch rsqulrr lrrlrtolr byrll nartle a. bul aru not lAlililed by all ptrtlit aff oxcluded lron
ths llnrl flrrgrngnt untrst 8F{cntcn tly frfcilrc*tt fgr lnctushn lrr pcragroph 1A Ol rbtr ot lnsthrt Counlcr Olfcr.B. Unlr$$olhilvrlaaepmllladtrr wrlthg, dql?npiltntrrlr sfldloqnBfflQttdt(f) wlltb+ qdlustoCtrl themrnoplepodlon na ln lhe orlglttllolftt
0,
g.Thr fotlowlnl attlshrd lupplemtilt8 ara lneotporrtod ln thl*CduntcrOflsll
[-+ i-#-dU
t.
{.
4.
deposit rhall be retutneo to Buyer, Thle CountEr Olt6r mfly bE exscute O lfl co{ntor0atu.
Ar tha Oller on thr terfitg fibovi. recetpl ol'a copy h acknoslcdgtd'
-f
Dalsl
Fsro;
q-Lz-f rirnsr 3rPrlft{
llms: ..- AMJf
6. AOCEFIAIICEI milE oaaoplthE abovg Cduntgr Otfet(lf chrckedr suHEsr 1u THE ATTACHEO COUilTFfi 0FFER) qod qckn0vtl6d
0l
Dats:F
t{"X,7* 9'J .
O, ACKHOWLEDGMEHT HECEIFI; necelpt ol algood sccsptftnuo on (date)4
by lho rrxker olthe oourrtor ofter, sf other poroon dealgnatad in psragr'gp6 4,lo schnovilgdgsd,
nmt: I0 {n?nF'y
t'*., #r"i^6ffr
ldv
v
t,llULTl PL g 90 UhlrER OFFEn 3 I (NATURfi LIH Er (Psrsgtopb r epplirr oilly ll pltigrtph ? la checkrd.) BY slgnlng bslo\Y, S€llor ecceP
thle tlulti,ple Counler Offer, and creatos a blrrding conileo[ {t{OTfi TD $ELLEF: Bo NOT elgn ln thls parogldph untll otlst Buysr giqns ll
Eccoplqnco ln partotafh s. and hlurns to Sellsr lOt r+rlgnlng.)
TimE:
-AM/PTlmu:
-
AMIF
Oale:
Orte:
THE oFAlfr Pfiovlslctfl ext 6pE(
t{qro6ughowrx HIOEF
ARt tEsf\tEb8oHffil$IilgFEhl?NouruFlFOroAOVI6Eor{H€ALESTT,IBIAIHS,A+?IOH$.Fn}UoEsrRELE0AI0rit\1AtwF.cor{g|'rlTAt{AFPnoPHAI6 f8oltsslo
Ihltbflllr rl,llfbb irr qli U, tht gorlts tE0t Ecrrtr induFtry, T\a qrr 0llntl{r}, bt br.d 9n}r rry mm$il o{ thr NlfloHAt A3300laTtoN
totm lr Aal inbndud ro ldsrtritt lh6 rrser er g HeALlOftD, HEALTpftD It I Jtgtiloted C01t(tr-Jl rnlnFt
lnutrhlch AF REAITOLV t\ho fobrcttEl lc lir Ctdo ol Elhlc+
IR ilfil!}r lH d Frr Ur'md $rl $? us. cdrl t0,bk utrrr'hl|qrqt!Cr4${d tttl lru!y rrytnr..kEhdht hslntr r- o:nctulTgurY (,
))
,ilrilililililil
liltillilllllllllll clry o[ san luls oBtspo
PARKING OPERATIONS r 1260 Chorro Street, Suite B . San Luis Obispo, CA 93401
The amount of $1.00 was received fromMr. Keith Slocum, II74 A. Ash Street, Arroyo
Grande, CA 93420, for the purchase of the house located at 860 Pacific Street, San Luis
Obispo, CA 93401, fromthe City of Sanluis Obispo.
V -;-r-z
Date
6 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.@