HomeMy WebLinkAboutR-3348 Approving Final Map of Tract No 465, Execution of Subdivision Agreement, and Accepting a Grant Deed from Val Vista EstatesRESOLUTION NO. 3348 (1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING THE FINAL MAP OF TRACT NO. 465,
AUTHORIZING EXECUTION OF THE SUBDIVISION AGREEMENT,
AND ACCEPTING A GRANT DEED FROM VAL VISTA ESTATES.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:.
Section 1. This Council previously made certain findings concerning
Tract No. 465 as contained in Resolution No. 3148 (1976 Series).
Section 2. This Council now hereby approves the final map of Tract
No. 465, Val Vista Estates, located at 1000 Los Osos Valley Road, subject to
conditions in the Subdivision Agreement attached hereto, marked Exhibit "A"
and thereby incorporated herein, and authorizes'the Mayor to execute said
Subdivision Agreement on--behalf of the City.
Section 3. This Council hereby accepts the Grant Deed conveying a
portion of Laguna Lake to the City.
On motion of Councilman Jorgensen , seconded by Councilman Petterson
and on the following roll call vote:
AYES: Councilmen Jorgensen, Petterson, Dunin and Mayor Schwartz
NOES: Councilman Gurnee
ABSENT: None
the foregoing Resolution -is--passed and adopted this 21st day of June , 1977.
ATTEST:
AG:ktm 6/15/77 R 3348
C" o
Resolution No.
Final Map: Tract No. 465
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE $ LILLEY
City Attorney
By Allen Grimes
(1977 Series)
Approved as to content:
City Administrativ Officer
Associate Administrator
�L' P'Z�" !q� ,
Ci Engineer
�)
XMiNT 1ANY
Ac!tl:!:ral:rrr
T11IS AGREEMENT, dated this 9th day of June 19 77 , by and
between VAL VISTA ESTATES, INC. herein referred
to as "Subdivider ", and the CITY OF SAN LUIS OBISPO, herein referred to as the
Y
11Ci ty11
IV I T N E S S E T li:
REFERENCE IS HERL•BY MADE to that certain proposed subdivision of that certain
real property in the .City of San Luis Obispo, County of San Luis Obispo, State of
California, description of which. is shown on final "Map of Tract No. 465
Val Vista Estates
City of San Luis Obispo, California ",
as approved by the City Council, on tile 21st day of June 19 77
NHEREAS, the Subdivider desires that said Subdivision Map of said Tract No. 465 ,
be accepted and approved as a final map pursuant to the Subdivision Regulations and
Ordinances of the City of San Luis Obispo, and
kHEREAS, it is a condition of said regulations and ordinances that the Sub-
divider agrees to install the street improvements and utility lines and facilities
as set forth on the plans therefore.
NOW THEREFORE., in consideration of the foregoing, the Subdivider does hereby
agree to construct and install the following subdivision improvements in accordance
with said subdivision ordinances and regulations, and in accordance with approved
plans and specifications on file in the office of the City Engineer, City of San Luis
Obispo, to wit:
1. CURBS, GUTTERS. and SIDElgALKS
2. STREET BASE and SURFACING
.3. WATER MAINS and SERIER MAINS,. including sewer laterals to the property
line and water services to.the curb stop.
4. DRAINAGE STRUCTURES
S ORNAT.•IENTAL METAL ELT :CTROLIERS
6. FLE•CTRiC,'GAS, TELEI)HONE and CABLE TELEVISION: In addition to the inspec-
ti'on and approva] of such facilities by the City, each 11uhl.ic utility
shall be required to Pi lc a letter stating that 'the dcvcloper has prop -
erly installed all facilities to he provided by him, and that the said
utility is prepared to provide service to residents upon request.
7. ANY F ALI, OTTER IMPROVEMENTS shown on plans or required by City regulations.
All the above facilities shall be installed in the locations designated and to the
plans and specifications on file and approved by said City Engineer.
The.iincs and grades for all of said improvericnts shall be cstahished by the
C,Ih111Yirlrr in nrrn rrl.•1'r'n t:l ill talrl aprl j'(1Vr,i 111 ;Inc an -1 c1rr l.f l.ratTn;•,c
Tiic L t 1) d i V i
der.agrees. that the work o f Nsra I I i ng thibove i mproVepencs shall
begin within thirty C30 days from the date OF r0o• ding of the Final map,
and that the work shall be completed within of sadd
recordjng*date-, unless an extension has been granted by the Uty.Councilv provided
that if completion of said Work is delayed Q acts of God or strikes, the Subdivider
shall Eavo,an additional period of time equivalent. Jo such pcHod of Way in which
to complete Such work: Any extension Kvimc horcund or shal I nlot operate tdrolcaie
the surety on the Improvcment Security filed pursuant to this agreement. In this
connection, the surety wnivcs the ,provisions of Scctfon 2819.0 the Civil Code of
the Statc of ,California.
The Subdivider does aISO agree to comity with the following conditions ostabli-
shcd by the Planning Commission and/or the City Council.
1. The City Council. at its meeting of June 7, 1977 waved the in lieu park fees for
all lots except lots 78, 79, 80, 81, and 82. The foes for lots 78, 79 and 82
will be determined at the time of future development.
2. Crading permit fees in the amount of $410.00 shall be deposited with and .treated
as normal subdivision inspection fees.
�ccs.
3. Toe developer shall pay tovhp city Lhe sum of $19,716.90 for water a•reagn and
frontage fees. (Acreage "= 16.432 X $1,000.00) + (Frontage = 328.49 X $10.00)
= $19.716.00. This doesn1t include lots 78, 79, 30, 81, and 82. Lots 78 and 79
arc subject to further subdivision, and fees are to be Paid at Clint time. Lots
80 and 81 are to be dedicated to the city and are exempt from fees. Lot 82 will
be added to in future subdivision.
4. The developer shall pay the city the sum of $2,69:5 ($35.00 per lot for 77 lots)
,For sewer costs advanced to serve Properties in the Los Osos Valley.
5. The developer shall deposit w0h the city, cash bond in Lhe amount of $1,500.00
for the purpose of nnsuring.Lhe final monumentAKon OF the subdivinJOR.
6. Ali ci c,il or lalk,- and casements for drsinqqv to he recorded prior to
recording of tract map.
7. A solid wall shall he constructed SicnP.
1,
acceXanca 017 PqhKc improvemonw. The
toc.tural Review Commission.
6. An. as built grading Plan shall. ',)E,' SUI)rTli
tracL and calculations showing that the
due to the work done in this project,
los Nos Valley Road prior Co
wall shall be approved by the Arch!-
cte�l prior to. final acceptance or the
lake Storage capacity was not decreased
9._ The Doweloper shall allow the city to he reimhursedl For plan checking costs.
The actual cost K plan checking canhoi he datarminno sn,is Lima. The plan
checking costs will ho transferred from the innpectlw deposit account when it
is Tinallv detormine& If upon bomPletion of the suhVivisiOn there is insur-
ficicnL 1"nds in the 0SYCKOn account thO KV010per Shall he oblignQ6 for
the balanca prior to acceptance O the improvements by the ciny,
As to puhlic lands or section property included within said subdivision, if any,
for the restoration of' lost section corners and for OT Section lines, the
method f'ollowcd shall be in accord Ath ;he instructions sat forth in "the "Manual of
Instructions"
For Survey
or
Puhlic Lands of the
United States, Pnhlyshod
by the
Commission&
on Kencral
Land
Office, Dep3riment
or Interior; WashingLon,
LI.C.
E M 1p, 17, "A"
V
the SLIac',:vi.dcr it ^r�atl..tches here`o, i?nd a ,111 :if, �rnl llal t her, of, aril tts.
security for tile performmnce of thi.s.nf;rccment_, (,iilstrur,_IC ui' r(di.t /hulld) npproved
IU, and ill favor Of' the C. t.y. Of Sall l:.11lg Obi 5110 MICl C011d 1. t -.I 0!M1 Lii?r)Il tile falihf!11
performance of this agreement, which said (1.nstrumcnt Of ci -cclit /bond) is in the amount
of S 335,000.00 and .gllich is in the amount of the estimated cost of said
improvements. Subdivider agrees to remedy any defects in the improvements arising
from faulty workmanship or materials or defective construction of said.improvcments
occurring within twelve (12) months after acceptance thereof. rIn accordance with
Section 11612.1 (c) of the Business and Professions Code of the State of California,
upon final completion and acceptance of the work., City will release all but 10% of the
improvement security, that amount being deemed sufficient to guarantee faithful
performance by the Subdivider of his obligation to remedy any defects in the improve-
ments arising within a period of one year following the completion and acceptance
thereof against any defective work or labor done, or defective materials furnished,
in the performance of this agreement.
Completion of the work shall be deemed to have occurred on the date as, of which
the City.Council shall, by resolution duly passed and adopted, accept said improve-
meets according to said plans and specifications, and any approved modifications
thereto.. Neither periodic or progress inspections or approvals shall bind the City
to accept said improvements or waive any defects in the same or any.breach of this,
agreement.
If the Subdivider fails to complete the work within the prescribed time, then
in that event, the Subdivider agrees that City may, at its option, declare the.bond,
instrument of credit, or cash deposit, which has been posted by Subdivider, to
guarantee faithful performance, forefeited and utilize the proceeds to complete said
improvements, or City may complete said improvements and recover the full cost and
expense thereof from.the Subdivider or his surety.
The Subdivider agrees to deposit with the City a lahor and material bond in
the amount of 500 of the above described subdivision improvements in accordance
with State law.
Said Subdivider shall deposit with the City the slim of $_10,460.00 ($410.00 gradJr.
fer
from which deposit the City will pay the salary and expenses of an inspector or
inspectors.to inspect ilistallation of snid subdivision improvements and certify
that they have been completed in accordance. with the plans and specifications.
Any unexpended monies will be returned to the Subdi.vi:dcr. 1n the event the
inspcetion
fees
exceed
the sum
of $,
10,460.00
the difference
is to be pa i:1
by the City
of
San Luis
Obispo.
The
City reserves
the sole discretion in
determining;
'h
d;&
the amounts to be paid for salary and expenses of said inspector or inspectors.
Article 9, Chapter I of the San Luis 0bispo l'{unicipal Code, entitled
"Subdivision" - A11 plans and specifications on file with said City Engineer as a
part of said Subdivision Map, and all other documents filcd with the City by the
Subdivider and approved by the City Engineer are hereby referred to for further
particulars in interpreting and defining the obligations of the Subdivider under
this agreement.
It is unclerstood and agreed by and between the Parties hereto that this
agreement shall bind the heirs, executors, administrators, successors and assigns
of the respective Parties to this agreement.
It is agreed that the Subdivider will furnish copies of the successful bidder's
contract unit prices and total bid prices for all of the improvements herein
referred to.
IN IVITNESS WHEREOF, this agreement has been executed by:
I OJ-h day of June , 19 zl
Approved as to form Jack L" Sampson
WENDT, IlIITCHELL,
de la MOTTE G LIL
SINSHEINIER
VAL VISTA ESTATES, INC.
City Attorney
By Allen Grimes
M H. L.
Presi
CaIdwell
23rd day of June 79 tt
Ior Kenneth E. Schwartz
(
Attest:
v n neer !|ayne Peterson f I y Cler J.H. Fitzpatrick
4
,}
SAN LUIS OBISPo CITY PL-ANNtNc COMt'itSStoN
RESOLUTION 1.{}. g27-76
The Plannlng Commlsslon of the Clty
June 15, 1976, adopted thls resoluilNo.465.
WHEREAS, the tentatlve tract map was
Board, and
San Luis Oblsoo, at lts meeilng ofpursuant to Tenfatlve Tract Map
o
WHEREAS, the recommendailon of the Suto f,he Planning Conmlsslon, and
WHEREAS, if was the oplnlon of the pl
flndlngs can be made:
2.
The tenf at l-ve ma p I s cons I stenf
The design and lmprovemenfs ofwlth the oeneral plan, and
The slte ls physlcal ly sulfable
and
3.
4. The slte ls physlcally sultable
ment, and5. The deslgn of fhe subdlvlslon an
I lkely to cause substanflal envlavoldably lnJure flsh or wl ldl lf6. The deslgn of fhe subdlvlslon or
Por
wlthln the proposed subdlvislon
I lkely to cause publ lc health7. The design of the subdlvlslon
confl lct wlth easements, for
lewed by the Subdlvlsion Revlew
lvlslon Revlaw Board were presented
nlng Comml ssion that fhe fol lowlng
fh the g"n".ul plan, and
proposed subdivl slon are conslstent
r the fype of developmenf proposed,
the proposed denslfy of develop-
the proposed lmprovements are not
nrnental damage or substanflally andor thelr habltaf, and
he type of lmprovements are not
tems, and
the type of lmprovements wl I I not
ss, through or uss of properfy
o
t
I
2
t'low THEREFoRE BE lT RESOLVED thaf the Plannlng Commlsslon hereby recommendsto the Clfy Councll that Tentatlve Tract Map I'io. 465 be upp.ou"d, subjecfto the followlng condltlonst
streefs shal I be named.and be approved by the plannlng corrnlssion,The appllcant 'shall dedlcafe and lmprove an addlf lonai 17 t+. ot rlgnt-of-way on Los Osos Vallev Road at Descanso ilots I and l5).No access to Los 0sos vall"v 19. from Lots I and 15 shall be permlttedand shall be so noted on the final map.The 126 elevatlons shall be noted on fh* f lnal map r,,lth the notef'subJecf to lnnundatlon" for ail areas below that elevailon.The f lnal map shall have a note stailng that the lowesf f loor levelal lowable shalI be |,27 elevaflon for any constructton. .All D. l. ts shall have a rellef overf low.The.dralnage system shall be deslgned for a 100 year storm and all lotsshal I draln fo a polnt of adequate dlscharge.I'lanhole spaclng shal I not exceed 400 ft.Blow-offs or hydrants shall be lnsfalled at ends of water llnes andclean-outs at ends of sewer llnss.water llnes con]glnlng^f l're hydrants shall be looped, except as stubbcdas nofed ln condltlon 9 and approved by fhe clfy Engineer.The sewer iine along sireets t?B:t- and :!cr! shail ire i0 lnch d!ameier,lald as flaf as posslble and extended to the north tracf boundary ilne.The water llne shall sfub ouf fo fhe soufhwest near Lot 83 una-uool-*lonal valving shall be provrded on the wafer llne run fhrough Lots7,5 and 83, ln order to make lf easler fo abandon.thls llne s6mef lme lnthe fufure, al I to the satlsfacilon of the clty Englneer.The flnal map shall show fhe water ilne along Laguna Lane extendlngfrom the westerly end of Lot 7j to the Los oios Valley no. conn"cflon.The easernent befween Lots i9 and 40 and Lots 52-5i sha I I be I 5 ft.y!d", shall be placed enf lroly on on6 rot, and be lmprovod wlth a lzff. wide al l-weather, dust free access,
t.,
z
)t
4.
5.
6.
7,
B.
9.
10.
ll.
2 t
13.
14,
fi
Resolutlon No. 927-76
Page 2
15.
16.
l,7,
lB.
19.
20
2t,
22.
23,
24,
25,
26,
27,
28.
29.
30.
31.
32,
33,
34.
35.
Lot 84 as r€vlsed shall be dedlcated to the Clty for park/open space
p u rposes o
The flnal map shall note that Lots 84 as revlsed and 85 are not resl-
dential bul ldlng sltes.
The appllcant shall dedlcafe to fhe Clty all the lake and marsh area
below ll8 elevatlon and that porflon of Prefumo Creek channel under
appl lcantrs control, The final map shal I note such dedlcatlons.
The Clty shall be glven a flood control and malnfenance easement
across Lots 28 throuqh 54 and Lots 4l through 56 from the lakeshore
propertv I lne up to the 126 elevatlon.
The Clty shall be glven an'easernenf across Lof 85 for emergency and
ma lnfenance purposes.
Lot 57 boundarles to be modlfled to provlde for more publlc space
adJacent to Junlor Hlgh School.All lakeshore lots (Lots 28-34 and Lots 56-56) shall be consldered
sensitlve sltes and all development proposa.ls shall be subJect to
Archltectural Revlew Commlsslon approval. Such ghal I be noted onflnal mao.
All gradlng shall be per fhe Cltyrs Gradlng Ordlnance and be revlewed
and approved by the City Councll pr.lor fo f inal map preoaratlon.
The appllcant shall lnstall a fence at the toe of the flll bank and
lnstall landscaplng on fhe flll. bank on Lofs 4l fhrough 56 to fhe
approval of the Archltectural Revlew Commlsslon.
The appllcant shall lnstall all curb, gutter, sldewalks, sfreet pave-
mont, street llghts and utll[+les to Clty standards and approval.
The appllcant shall lnstall street trees acceptable fo the Clty and
there shall be a l0 ff. street free easemenf along all street fron-
tages.
The sfreef llght at end of sfreet 'rB'r shall not be located ln the
utl I lty easernen*.
Radlus of fhe cul-de-sac bulb rlgh*-of-way shal I be 50 tt.
The flre hydrants aloh.g Descanso shall be located on the opposlte
slde of the street (South slde).
An access and utlllty easemenf shall'be provlded adJacent fo the Jr.
Hlgh School betvreen streets rrBrf and rrCtr accep*able to the Communlty
Deve lopment Dlrector.
A 12 ft. uf I llty easerhent shall be shown on the f lnal map af existlng
se\./er llne across Lot 74.
The appllcant shall be responslble for paylng for or relmbursemenf
for the sewer system (llft statlon charg;e) and wafer malns (Los 0sos
Valley Rd.) and water acreage fee per Clfy approval prlor to flnal
map.
Water acreage fees shall be delayed on Lofs 73 and 74 untll development
plans are approved by fhe Clty for these areas.
The condltlons of the preservatlon easement shal I be esfabllshed prior
to flnal map approval and shall be subJect to approval of the Clty
Aftorney and Communlty Developnenf Dlrector. .
The Plannlng Commlsslon recommends an exceptlon to Clty pollcy on
length of cul-de-sac shown for Street B.
Credlt for park/open space and lake dedlcatlon and/or ln lleu fees
shall be defermlned by the Clfy Councll prior fo flnal map approval.
The foregolng resolutlon was adopted by the Plannlng Commlsslon of the Clty
of San Luls 0blspo upon rnotlon by Conrnlssloner Evans, seconded by Commlssloner
Schne I der.
VOTING: Aye - Commrs. Evans, Schnelder, Settle, Johansen, Fonte
Noe - Corrmr. Breska
Absent - Commr. Donaldson
Robert Strong, Secretary
Plannlng Commlsslon of the
Clty of San Luls Oblspo
June 15, t976