HomeMy WebLinkAbout09/19/1989, C-2 - FINAL MAP APPROVAL FOR TRACT NO. 1359, A 23-LOT PLANNED UNIT DEVELOPMENT AT 1024 TANK FARM ROAD (EA r r„
MEETING DATE:
1��h�N���dIIIII��IIII:uIIIIUIII City of San Luis O I SPO Sept. 19, 9 989
COUNCIL AGENDA REPORT
FROM:
Dave Romero, Director Via: WayPrepared By: Gerald jA/, Kenn
Public Works Department City Engine Supervising Civil Engineer
SUBJECT: Final Map Approval for Tract No. 1359, a 23-lot Planned Unit Development
at 1024 Tank Farm Road (Eastfork Ltd., Subdivider)
RECOMMENDATION:
Adopt Resolution Approving The Final Map For Tract No.1359
DISCUSSION:
This tract consists of 23 residential lots with a common lot to be maintained by the
Homeowners Association. All interior streets are private. The only public improvements
are the water and sewer systems and Tank Farm Rd. parkway landscaping. The subdivider
has complied with the conditions of the tentative map as prescribed in Resolution No.
6583 (1989 Series) as follows:
Plans have been approved by the City Engineer and Community Development Director for
installation of the public improvements and the other conditions are to be met as
conditions of impending building permits. Rough grading has already commenced in
order to beat the (hopeful) winter rains. The subdivider is planning to build all of
the residences. Water allocations have been granted for this project.
A subdivision agreement has been executed by the subdivider and bonds have been
submitted to guarantee the public improvements and for Labor & Materials.
All fees and deposits have been paid as indicated- on the attached Fee and Bond List.
No park-in-lieu fees were required based on prior park dedication under Tract No.
1235 (French Park). The final map has been checked and found to be in substantial
conformance with the tentative map.
ALTERNATIVES:
Option 1: Adopt resolution approving final map for Tract 1359.
Option 2: Deny approval of the final map if Council finds that conditions have not
been satisfactorily met
CONSEQUENCES OF NOT TAKING RECOMMENDED ACTION:
Delay in recording the final map and issuance of building permits.
CONCURRENCES:
The Community Development Director and City Attorney concur with the recommendation. No
department has expressed any opposition.
C
��� �biti�ullllllipp ��Il city of San Luis OBlspo
SloGe COUNCIL AGENDA REPORT_
September 19, 1989
Tract 1359
Page Two
FISCAL IMPACT:
Upon acceptance of the Tank Farm Rd. landscaping and onsite water and sewer mains, the
City will be responsible for normal maintenance costs.
RECOMMENDATION:
Adopt resolution approving the final map for Tract No. 1359.
Attachments: 1. Draft Resolution
2. Map ��
3. Checklist
4. Subdivision Agreement (including Fee and Bond List)
5. Resolution No. 6583 (1989 Series)
6. Bonds (2)
N/jkt 1359
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RESOLUTION NO. (1989 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO APPROVING THE FINAL MAP FOR
TRAM NO. 1359 (Eastfork Ltd. , Subdivider)
WHEREAS, the City Council made certain findings concerning Tract
No. 1359 as contained in Resolution No. 6583 (1989 Series) , and,
WHEREAS, all conditions required for Tract No. 1359 have been met
or bonded for and/or are conditions of impending building permits,
NOW THEREFORE BE IT RESOLVED that final map for Tract No. 1359 is
hereby approved.
On motion of seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this day
of , 1989.
MAYOR RON DUNIN
ATTEST:
OCITY CLERK PAMELA VOGES
Resolution No. (1989 Series)
APPROVED:
llzity A 'nistra ive Officer
City Attorn �f
City Engineer
Community Development Director
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city o� sar I lugs osispo
y� FINAL MAP APPROVAL CHECKLIST
PROJECT NAME WILLOW CREEK — 102.4-Tank Farm Road
DESCRIPTION 23 lot P.D. Subdivision with private streets "Sunrose Lane"
MAP NUMBER T1359 SPECIFIC PLAN REZONING GEN. PLAN
USE PERMIT VARIANCE ARC OTHER
PUBLIC IMPROVEMENT CONDITIONS
a* 1 DESCRIPTION INITIAL [DATE COMMENTS
1 GRADING including planting &retaining walls t7k F'G.i>v5
2 STORM DRAINS& DRAINAGE STRUCTURES it I
3 SEWERS&SERVICES
4 WATERLINES&SERVICES _
5 FIRE HYDRANTS
6 CONCRETE
Curbs and Gutters
Sidewalks
Driveways
7 STREETS&PAVING
Pavement
Signing, striping and curb painting
8 NON'CITY UTILITIES
FG-NE. — Electrical
Street Lights
Cable TV
Telephone Co.
Gas Company
9 FEES RECEIVED(Water, Sewer)
10 PUBLIC IMPROVEMENTS payments received UA,
11 AGREEMENT CONDITIONS have been met
12 MONUMENTATION
13 STREET TREES
14 OFFSITE WORK
15 BONDIGUARANTEE deposited
16 PARK dedication or in4leu.fees V AIT, Q.
17
OTHER CONDITIONS
18 1 Board of Adjustments '
19 Planning Commission _
20 Architectural Review Commission
21 City Council
22 Abandonments
3 Other
ATTACH LIST OF CONDITIONS &SUBDIVISION AGRREMENT COMMUNITY DEVELOPMENT APP VA 1
�' PUBLIC SERVICES APPROVAL
STANDARD SUBDIVISION AGREEMENT
THIS AGREEMENT is dated this day of by and
between EASTFORK, LTD , herein referred to as "Subdivider," and the
CITY OF SAN LUIS OBISPO, herein referred to as the "City."
RECITALS
REFERENCE IS HEREBY MADE to that certain proposed subdivision of real
property in the City of San Luis Obispo, County of San Luis Obispo, State
of California, a description of which is shown on final map of Tract 1359,
City of San Luis Obispo, California, as approved by the City Council, on
the day of , 19_
The Subdivider desires that said Tract 1359 be accepted and approved
as a final map pursuant to the Subdivision Regulations of the City. of San
Luis Obispo (Title 17 of the San Luis Obispo Municipal Code), and
It is a condition of said regulations that the Subdivider agree to
install the improvements as set forth on the plans therefore.
TERMS AND CONDITIONS•
In consideration of the foregoing, the Subdivider does hereby agree
to construct and install the following subdivision improvements in
accordance with said subdivision 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
� 1
A 1661 0000 $ 1 F & C; "A & Qru
1 . CURBS, GUTTERS AND SIDEWALKS
2. STREET BASE AND SURFACING
C�
�3. WATER MAINS and SEWER MAINS, including sewer laterals to the
property line and water services to the curb stop.
4. DRAINAGE STRUCTURES
5. ORNAMENTAL METAL ELECTROLIERS
6. ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION:. In addition to the.
inspection and approval of such facilities by the City,. each
public _utility shall be required to file a letter stating that the
developer has properly installed all facilities to be provided by
him, and that the said utility is prepared to provide service to
residents upon request.
7. ANY & ALL OTHER IMPROVEMENTS shown on plans or required by City
regulations.
All of the above facilities shall be installed in the locations designated
and to the plans and specifications on file and approved by said City
Engineer.
CThe lines and grades for all of said improvements shall be established
by the - Subdivider in accordance with said approved plans and
specifications.
The Subdivider agrees that the work of installing the above
improvements shall begin within thirty (30) days .from the date of
recording of the final map, and that the work shall be completed Within
eighteen (18) months of said recording date, unless an extension has been
granted by the City, provided that if completion of said work is delayed
by acts of God or labor disputes resulting in strike action, the
Subdivider shall have an additional period of time equivalent to such
period of delay in which to complete such work. Any extension of time
hereunder shall not operate to release the surety on the Improvement
2
O
Security filed pursuant to this agreement. In this connection, the surety
waives the provisions of Section 2819 of the Civil Code of the State of
California.
No building permits will be issued nor occupancy granted after the
expiration date of the agreement until completion and acceptance of all public
improvements unless specifically approved by the City.
The Subdivider does also agree to comply with the following conditions
established by the Planning Commission and/or the City Council:
p„�$L1 . The Subdivider has deposited a cash deposit (guarantee) of $3,800.00 to
guarantee the cost of survey monuments in accordance with. the approved
map. Said. deposit will be released upon receipt by the City of a letter
from the engineer/surveyor indicating the work is complete and payment has
been received.
qG 2. The Subdivider has paidwater acreage fees of $8,256.00 ($1920 X 4.3 Ac).
3. The Subdivider dedicated a park in Tract 1235 fulfilling parkland
0� dedication requirement.
4. The Subdivider has paid a sewer fee (Rockviev-Tank Farm lift station) cf
I$y $1 ,697.00 (3 X 131 .55 X 4.3 Ac).
5. The Subdivider has posted an erosion control contingency deposit nC he
amount of $5,000.00 to guarantee erosion and siltation mitigation measures.
The restoration of lost section corners and retracement of section
lines within the Subdivision shall be in accordance with Division 4,
Chapter 15 of the Land Surveyors Act of the Professions and Vocations Code
of the State of California, paragraph 8771 et seq.
3
The Subdivider. attaches - hereto, as _an integral part hereof, and as
security for the performance of this agreement; an instrument of credit or
bond approved by and in favor of the City of San Luis Obispo, and
conditional. upon the faithful performance of this agreement. Said
instrument of credit or bond is, in the amount of $110,000.00., which is the
amount of the estimated cost of said public improvements: Subdivider
agrees to remedy any defects in the improvements arising from faulty
workmanship or materials or defective construction of said. improvements
occurring within twelve (1.2) months after acceptance thereof. In
accordance with Sections 66499.7 and 66499.9 of the Government 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 improvements
arising within a period of one year following the completion and
C
acceptance thereof..
Completion of the work shall be deemed to have occurred on the date
which the City Council shall, by resolution duly passed and adopted,
accept said improvements according to said plans and specifications, and
any approved modifications thereto. Neither periodic nor 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, the Subdivider agrees that City may, at its option, declare the
instrument of credit or bond which has been posted by Subdivider to
guarantee faithful performance, forfeited and utilize the proceeds to
4 .
complete said improvements, or city may complete said improvements and
recover the full cost and expense thereof from the Subdivider or his 1
surety.
The Subdivider agrees to deposit with the City a labor and material
bond in the amount of 50% of the above described subdivision improvements
in accordance with State law.
Said Subdivider has deposited with the City the sum of $3,300.00 (Fund
690) from which . deposit the City will pay the salary and expenses of an
inspector or inspectors to inspect installation of said subdivision
improvements and certify that they have been completed in accordance with
the plans and specifications. Any unexpended monies will. be returned to
the Subdivider. In the event the inspection fees exceed the sum of
$3,300.00, the difference is to be paid by the Subdivider. The City
reserves the sole discretion in determining the amounts to be paid for
salary and expenses of said inspector or inspectors.
Title 16 of the San Luis Obispo Municipal Code, entitled
"Subdivision," all plans and specifications on file with said City
Engineer as a part of said Subdivision Map, and all other documents filed
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 understood and agreed by and between the Subdivider and the City
hereto that this agreement shall bind the heirs.,. executors,
administrators, successors and assigns of the respective Parties to this
agreement.
5
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 WITNESS WHEREOF, this agreement has been executed by:
CITY OF SAN. LUIS OBIM SUBDIVIDER
EASTFORK, LIMITED
A California Limited Partnership
MAYOR by Santa Lucia Hills.. ,
A California General Partnerhsip
as a General Partner
ATTEST.: Jo French, Gedlefal Partner
1
OCITY CLERK
Approved as to form:
City Attorney
`- City Engineer
1359-agr
n by
�J 6
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TRACT 1359
LIST OF FEES AND BONDS
AMOUNT PAID FUND NUMBER
DATE
A. FEES:
1. Prior to Early Grading:
a. Plan check deposit $1, 000. 00 5/10/89 690-9210-22.0-130
(previous deposit.)
b. Inspection deposit $3 , 300 ..00 ff/Z�/d�� 690-9210-220-130
(public improvements) L
c. Erosion control contingency (be� o
and restoration dep, s . $5, 000. 00
(Not reqd if map finaled ?jsc�� Z
with bonds etc prior to
grading)
2 . Prior-to -final -ma;):
,/a. Water acreage fee $8 , 256 .00 2,SI 050-0017-071-020
(4 .3 Ac X $1920/Ac)
c:
/b. Sewer lift sta fee $1 , 697 . 00 �rj 24 / 052-boil-074-020
(4. 3 Ac X $131..55 X 3)
c. Park-in-lieu fee Not required due to park dedication
✓d. Monumentation $3 , 200 . 00 ��Z-$/�y 690-9210-220-130
(Cash deposit) /
e. .ii.a, and l.b above
B. BONDS -Public improvements.
Water, sewer, & T.F.R. parkway
"3C 7-3L-
1. Faithful performance $110, 000. 00
0 2 . Labor & materials $55 , 000..00 d�2 $/ % #-3LZ�� t
O
Hff�EES-(1359)
hb
printed 08/16/89
c.
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I1_ 000 JJ00o00
�. F. P^ IJ
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\ RESOLUTION NO. 6583 (1989 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OSISPO
GRANTING APPROVAL OF TENTATIVE TRACT NO. 1359
LOCATED AT 1024 TANK FARM ROAD
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findines. That this council, after consideration of the tentative map of
Tract 1539 and the Planning Commission's recommendations, staff recommendations and
reports thereon, makes the following findings:
1. The design of the tentative map and proposed improvements are consistent with the
general plan and specific plan for Edna-Islay.
2. The site is physically suited for the type and density of development allowed in an
R-1-PD-SP zone.
3. The design of the subdivision or the type of improvement will not conflict with
easements for access through (or use of property within) the proposed subdivision.
4. The Community Development Director has determined that an environmental impact report.
was certified for the entire Edna-Islay Specific Plan in 1982, and that no further
C environmental study is needed.
5. The size of the subdivision in relation to surrounding streets and lots precludes
desirable lot orientation.
SECTION 2. 'Conditions. That the approval of the tentative map for Tract 1539 be
subject to the following conditions:
1. The subdivider shall establish covenants, conditions, and restrictions for the
regulation of land use control of nuisances and architectural control of all
buildings and facilities. These CC&R's shall be approved by the Community
Development Department.and administered by the homeowner's association.
2. The subdivider shall include the following provisions in the CC&R's for the Tract:
a Enforcement of the CC&R's and professional perpetual maintenance of all common
areas, including the railroad buffer area, creekside common area, and private
streets.
b. No parking on the site except in approved designated spaces.
C. Grant to the city of San Luis Obispo the right to order vehicles parked in
unauthorized places to be towed away on a complaint basis.
d. No outside storage of boats, campers, motorhomes, and trailers, nor long-term
storage of .inoperable vehicles.
6583
Resolution No. 6583 (1989 Series)
Tract 1359
Page 2
C. No change in city-required provisions of CC&R's without prior City council
approval.
f. Homeowner's association shall file with the City Clerk the names and addresses
of all officers of the homeowners' association within 15 days of any change in
membership of the homeowners' association. Said change shall be filed with the
City Clerk.
g. Protection of solar access for all solar collectors.
3. Subdivider shall construct all public improvements shown on the tentative map.
4. Subdivider shall offer for dedication to the city and show on final map:
a: An easement for creek preservation and maintenance.
b. An easement for all underground water and sewer utilities crossing the property
to the approval of the City Engineer.
C. Access and open space easements to the railroad buffer consistent with the
Edna-Islay Specific Plan, to the approval of the Community Development Director.
5. Subdivider shall install separate water meters for each unit.
6. The final map must show the existing drainage pipe from the railroad property at the
northerly corner of the property.
7. All utilities shall be installed underground to the approval of the City Engineer and
affected utility companies.
8. All work done in the creek preservation area must be approved by the Comm pity
Development Director and the Department of Fish and Game.
9. Final map shall include names for private streets that conform with city street
naming policy to the approval of the Community Development Director.
10. The path across the creek shall be replaced by a footbridge. .The design of the
bridge must be approved by the Community Development Director and City Engineer,
11. The landscaping plan for the creek shall include indigenous planting that discourages
access. consistent with the Edna-Islay Specific Plan, to the approval of the
Community Development Director.
12. All residences shall be equipped with solar collectors for water heating purposes.
Locations for the collectors shall be approved by the Architectural Review
Commission.
13. A wall height exception for the wall along Tank Farm Road is hereby approved. The
location and design of the wall is to be approved by the Architectural Review
Commission. `
i
i
Resolution No. 6583 (1989 Series)
Tract 1359
Page 3
14. A four-Coot-wide sidewalk shall be provided along one side of each private street, to
the approval of the Community Development Director.
On motion of Councilman Settle ; seconded by ..Vice-Mayor Pinard,
and on the following roll call vote:
AYES: Councilman Settle; Vice-Mayor Pinard, Councilmember Reiss and Mayor Dunin
NOES: None
ABSENT: Councilmember Rappa
the foregoing resolution was passed and adopted this 7thday of March
1989.
ayor Ron -Dunin
ATTEST:
City,Clerk Pam Oges
APPROVED:
City A ministrative Officer
\j
,Zty Attorn
Community. Development Director
Bond No...023.466,1
......... .
Fidelity and Deposit Company
HOME OFFICE OF MARYLAND BALTIMORE,MD. 21203
Subdivision Performance Bond
KNOW ALL MEN BY THESE PRESENTS,That
WHEREAS. ...............E.AST..FORK,...LTD................................................................................................................. and
......e. ......0,.. ........
.................................................................................... .............:................................--•............,; I ...........................................
(hereinafter designated as"principal") have entered into an agreement whereby principal agrees to install and complete
certain designated public improvements, which said agreement,dated ............................................................. 19.....:......,
and identified as project ----
SUBDIVISION....DERMNENTS.......FOR..............TRACT.....1..3.59...............................................................
.........................
................................................................................................................................................................................................
------------------- .........................................................................................................................................................
is hereby referred to and made a part hereof; and
WHEREAS,.Said principal is required under the terms of said agreement to furnish a bond for the faithful performance
of said agreement.
NOW,THEREFORE, we, the principal and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,as surety, are
held and firmly bound unto ...CIIX-DE...W..LUIS...Q�.Q'hereinafter called --------OaLlm--------------------------------
in the penal sum of .....ONE...HUNDRED...TEN ... .**.***
....... ............... ...... ....... ............ ........................................
Dollars (8... .,199.:-90
lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,
successors, executors and administrators,jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded principal,his or its heirs,executors,administrators,
successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants,
conditions and provisions in the.said agreement and any alteration thereof made as therein provided,on his or their part,
to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent
and meaning,and shall indemnify and save harmless...QbtligO-e,its officers,agents and employees,as therein stipulated,
then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included
costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by ...............Qbbftg� ................
--r--- --J
ATTORNEY-IN-FACT ACKNOWLEDGMENT NO.204
State of CALIFORNIA lll On this the 24th day of Augu-5t 19 89
SAN LUIS OBISPO SS. before me, the undersigned Notary Public, personally appeared
County of Philip F. Chew (name of attorney in fact),
personally known to me
El proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the within instrument as attorney
in fact of FTT)F.T.TTY AM nPPnRTT CCURANY (name of
State te
County
LUIS
S OBI1
person not appearing before Notary), the principal, and acknowledged to me
that He (he/she) subscribed the principal's name thereto and
OR�A R.
CROW
NOTARY
PUBLIC
a ISPO
N N-
ORMic . CROW His (his/her) own name as attorney in fact.
NOTARY PUBLIC y
SAN LUIS OBISPO COUNTY WITNESS my hand and official seal.
J
CALIFORNIA
My Cqrr Sept.rlistio:�Expires on ep27, 1"1
Notignature
�i
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
MoME OFFICE.RAITIMORE.MO
KNOW ALL MEN BY THESE PRESEN I'S:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the
State of Maryland, by C. M. PECOT, JR. , Vice-President, and C. W. ROBBINS ,
Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company, which are set
forth on the reverse side hereof and are hereby certified to be in fullforce and effect on the date hereof, does hereby nominate,
constitute and appoint Philip F. Chew of San Luis Qkispo, Ca rnia. . . . . . . . . . . . . . . . . .
e
true wfuil agent and Attorney-in-Fad,to make, d deliv d on its behalf as surety,and as its act and deed:
any and all bonds and undertakings, ea a pe a not to exceed the sum of ONE
MILLION DOLLARS ($1,000,000) . . . . . . . . . . . .
Me ezecutton of such ods or undertakings in ce of th shall be as binding upon said Company, as fully
and amply, to all intents and purposes, as if they n duly and acknowledged by the regularly elected officers of
the Company at its office in Baltimore, Md., in own p(r�oti�Rersous.
The said Assistant Secretary does herebya�c�\�\Ithat th �\oiing is a true copy of Article.VI,.Section 2, of the By-Laws of
said Company, and is now in force.
IN WITNESS WHEREOF,the said V' sident�tant Secretary have hereunto subscribed their names and affixed the
Corporate Seal of the said FIDE DE C ANY OF MARYLAND. thin 2 7 t h day of
December A.D. 198
FIDELITY IT COMPANY OF MARYLAND
ATTEST: ESEALS
By
Assis �, WVice-President
� STATE OF MARYLAND QTY OF BALTIMORE 155,
On this 27th day of December A.D. 19 88 , before the subscriber, a Notary Public of the State of
Maryland,in and for the City of Baltimore,duly commissioned and qualified,came the above-named Vice-President and Assistant
Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by
me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and
that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their
signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Baltimore, the day and
year fust above written.
• Notaryublic Co Expires July I. 1990
"■"` CERTIFICATE
I, the undersigned. Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that
the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this
certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-
Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fad as provided in Article VI, Section 2.of
the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAN at a meeting duly called and held on the 16th day of July, 1969.
RESOLVED:"That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company,whether made
heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid
and binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company,this 24th
day of u s j5t
016_4140 T
Bond Nor302346§i
Fidelity and Deposit Company
HOME OFFICE OF MARYLAND BALTIMORE,MD. 21203
Subdivision Labor and Material Bond
KNOW ALL MEN BY THESE PRESENTS,That
WHEREAS. EAST FORK,..LTD....................................................................•---....................................... and
.................................................................:........................:....::....................................................---............................................
(hereinafter designated as "principal") have entered into an agreement whereby principal agrees to install and complete
certain designated public improvements, which said agreement, dated _..:........................................................, 19............,
SUBDIVISION WROVEMF\ITS FOR TRACT 1359
and identified as project ...........SUBDIVISION
.....: :::...................:.::..................................................................
...............................................................................................................................................................::................................. .
is hereby referred to and made a part hereof; and
WHEREAS,Under the terms of said agreement,principal is required before entering upon the performance of the work,
to file a good and sufficient payment bond with the ----CITY OF SAN LUIS OBISPO
--------------------------------------------------------------------------------=-------------------------
to secure the claims to which reference is made in Title 15(commencing with Section 3082)of Part 4 of Division 3 of the
Civil Code of the State of California.
NOW, THEREFORE,said principal and the undersigned as corporate surety, are held firmly bound unto the ..........
_.CITY__OF__SAN__LUIS_ OBISPO_____________________________________and.all contractors, subcontracts, laborers, materialmen
and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil
Procedure in the sum of ......FIFTY FIVE THOUSAND AND N0/100 ******************************
.--•............................................................................................................... .......
Dollars (5.55.,.0D4_50
for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with
respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount hereinabove set
forth,and also in case suit is brought upon this bond will pay,in addition to the face amount thereof,costs and reasonable
expenses and fees, including reasonable attorney's fees, incurred by ...ORL=..............................................................
in successfully enforcing such obligation,to be awarded and fixed by the court,and.to be taxed as costs and to be included
in the judgement therein rendered.
NO.204
ATTORNEY-IN-FACT ACKNOWLEDGMENT
On this the—.7 day of y eared
State of before me, the undersigned Notary Public, persanall app
SS. (name of attorney in fact),
County of r T � pt,-t cno —)
Y15� personally known to me evidence
p proved to me on the basis of satisfactory
to be the person whose name is subscribed to the within instrument as
attorney
(nameof
in fact of
person not appearing before Notary), the principal, and acknowledged to me
NORM R• CROW h� (he/she) subscribed the principal's name thereto and
NOTARY PU81iC that
SAN LUIS 081SP0 COURTY
CpL{WaN (his/her) own name as attorney in fact.
1A WITNESS my hand and official seal.
My Commission Expires on sept.27,1991 -
i
Not N ignature - - _
ASSOCIATION•23012 VeMura.BlvE.•P.O.Box 4625'WooNaaC FiiILS,CA 91364
NATIONAL NOTARY
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFRCE.WTWOU.Mo
KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF M 4RYLAND, a corporation of the
State of Maryland, by C. M. PECOT, JR. , Vice-President, and C. W. ROBBINS ,
Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company, which are set
forth on the reverse side hereof and are hereby certified to be in fullforce and effect on the date hereof, does hereby nominate.
constitute and appoint Philip F. Chew of San Luis spo, Ca rnia. . . . . . . . . . . . . . ... . ..
e
F9wful agent and Attorney-in-Fact to make,eGx aa; ead on its behalf as surety,and as its act and deed:
any and all bonds and undertakings, eahigh, h a pe a not to exceed the sum of ONE
MILLION DOLLARS (51,000,000) . . . . . . . G.07 ��
e execution a six nds or undertakings in ce of th ts, shall be as binding upon said Company, as fully
and amply, to all intents and purposes, as if they duly and acknowledged by the regularly elected officers of
the Company at its office in Baltimore, Md._,(in�own Pro persons.
The said Assistant Secretary does hereby that th ooJJing is a true copy of Article VI, Section 2, of the By-Laws of
said Company, and is now in force. v
IN WITNESS WHEREOF,the saidL V* eat tant Secretary have hereunto subscribed their names and affixed the
Corporate Seal of the said FIDE DEPOS C ANY OF MARYLAND, this 27th day of
December , A.D. 198 ��
FIDELITY IT COMPANY OF MARYLAND
ATTEST: SE AL1
By L
Vice-President
STATE OF MARYLAND
CrrY OF BALTIMORE
On this 27th day of December A.D. 19 88 , before the subscriber, a Notary Public of the State of
Maryland,in and for the City of Baltimore;duly commissioned and qualified,came the above-named Vice-President and Assistant
Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by
me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and
that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their
signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Baltimore, the day and
year fust above written.
Notary iublic Com fi Expires July 1, 1990
CERTIFICATE
I, the undersigned. Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that
the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this
certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-
Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI,Section 2, of
the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969.
RESOLVED:"that the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made.
heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid
and binding upon the Company with the same force and effect as though manually affixed."
clayTES' WONYtWHEREOF, I have her arfiaubscribed my name and affixed the corporate mai of the said Company,this 24th
y � , 19_yJ
016-4140'
-° Aasivtmt Secretary