HomeMy WebLinkAbout11/21/1989, C-3 - FINAL MAP APPROVAL FOR TRACT NO. 1438, A 13-CUSTOM LOT RESIDENTIAL SUBDIVISION AT 2000 ROYAL WAY (K MEETING DATE:
city of san Luis OViSpo Nov. 21,A1989 ITBN NUMBEii:
COUNCIL AGENDA REPORT -
� -FROM:
David F. Romero 5� Wayne A. Peter o Prepared by: Gerald W. Kenny
Public Works Director City Engineer Supervising Civil- Engineer
SUBJECT:
Final Map Approval for Tract No. 1438, a 13-Custom Lot Residential
Subdivision at 2000 Royal Way (K. & C. Gazin , Subdividers)
RECOMMENDATION:
Adopt resolution approving the final map for Tract No. 1438.
DISCUSSION:
This tract consists of 13 custom residential lots. The subdivider has complied
with the conditions of the tentative map as contained in Resolution No. 6411
(1988 Series) and other applicable code requirements and has asked for final
map approval. An open-space easement has been granted on the map within Lot 13
and an agreement limiting uses (Exhibit 1 ) has been executed by the subdivider
which is to be accepted by the City and recorded along with the final map.
Condition No. 7 per Resolution No. 6411 (1988 Series) required certain
development conditions associated with the subdivision of property lying
outside the City limits, contiguous with this tract, and which utilizes Tract
1438 for access. Specifically, it is to limit development of the
unincorporated land to a maximum of 4 lots with 4 single-family dwellings. The
tentative map approved by the County Board of Supervisors on November 1 , 1988
(Tract 1626) includes a Development Plan which provides for the control the
Council felt necessary by establishing Condition 7. The property outside of
specific building site areas will be subject to open-space easements to be
dedicated to the County (see attached Tentative Map No.1626 and Development
Plan conditions - Exhibit 2). The County subdivision is expected to record
within the next several months. In order to meet Condition 7, a separate
document has been executed (Exhibit 3) which ties the property development to
those County conditions.
Two (2) Common Driveway easement agreements (Exhibits 4 & 5) have been
submitted to accommodate standard City requirements for maintenance and use of
the private drive (Sterling Lane) serving Lots 11 , 12. 13 and the County
properties mentioned above, and for a common driveway to serve Lots 5 and 6 at
the end of Royal Way.
Since the adjacent tract (Tract No. 1439) has not yet been recorded, the Royal
Way street right-of-way between Rubio Lane and Tract No. 1438 has not been
dedicated. Therefore, a road easement deed has been received to cover the
required offsite street improvements (Exhibit8).
RECEIVED E®
NOV 1 4 1989
2: oar
clTv CLERK
i
crty of san lues oBispo
IL
HNsMs COUNCIL AGENDA REPORT
Tract 1438 - Final Map Approval
Meeting of November 21 , 1989
Page Two.
Although CC & R's and a Homeowner's Association weren't required as a condition
of this map, the Subdivider has elected to establish one for architectural
review purposes and for maintenance of permanent landscaping adjacent to the
channel and tract entrance, and for maintaining the mailbox kiosk (Exhibit 6).
These lots are also subject to City ARC approvals. An Encroachment Permit
(Exhibit 7) is to be recorded which authorizes the kicak to be maintained
within the Royal Way right-of-way in accordance with City standards and a
"notice" to future lot buyers is to be recorded which indicates possible delays
in obtaining building permits due to lack of water water supply per Condition
10 (Exhibit 9).
The subdivider has constructed a substantial portion of the subdivision
improvements and has executed a subdivision agreement and posted necessary
sureties (Letters of Credit) to guarantee installation of the remaining
subdivision improvements per approved plans. The final map has been reviewed
by the Public Works Dept. and found to be in substantial conformance with the
tentative map and all conditions have been met or bonded for. All fees and
deposits have been paid as noted on the fee and bond list.
ALTERNATIVES:
Option 1 : Adopt resolution approving the final map for Tract No. 1438 and
authorizing the Mayor to execute the subdivision agreement and
supporting documents.
Option 2: Deny approval of the final map if Council finds that any conditions
have not been satisfactorily met.
CONSEQUENCES OF NOT TAKING THE RECOMMENDED ACTION:
Delay in recording the final map and processing of building permits.
CONCURRENCES:
The Community Development Director and City Attorney concur with the
recommended action. No department has expressed any opposition.
I
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@Nw= COUNCIL AGENDA REPORT
Tract 1438 - Final Approval
Meeting of November 21 .1989
Page Three
RECOMMENDATION:
Adopt resolution approving the final map for Tract No. 1438 and
authorizing the Mayor to execute the subdivision agreement and approve
and/or accept the respective documents.
Attachments:
1 - Draft Resolution
2 - Map
3 - Checklist
4 - Subdivision Agreement
5 - Resolution No. 6411 (1988 Series)
6 - Letters of Credit / Certificates of Deposit
7 - Fee and Bond List
8 - Open-Space Easement (Exhibit 1 )
9 - County Resolution 88-502 (Exhibit 2)
10 - Developer's Statement (Exhibit 3)
11 - Common Driveway Agreements (Exhibits 4 g 5)
12 - CC & R's (Exhibit 6)
13 - Encroachment Permit (Exhibit 7)
14 - Road Easement Deed (Exhibit 8)
15 - Notice re: Possible Building Permit Delays (Exhibit 9)
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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 TRACT NO. 1438
(K. g C. GAZIN - SUBDIVIDERS)
WHEREAS, the City Council made certain findings concerning Tract 1438 as
contained in Resolution No. 6411 (1988 Series), and
WHEREAS, an Open-Space .Easement. two (2) Common Driveway Agreements and a
road easement deed for Royal Way (offsite), have been submitted in accordance
with Resolution No, 6411 (1988 Series), and
WHEREAS, all other conditions required per Resolution No. 6411 (1988
Series) for tract No. 1438 have been met and/or are guaranteed under a
Subdivision Agreement and Letters of Credit for Faithful Performance and Labor
g Materials.
NOW THEREFORE BE IT RESOLVED that final map approval is hereby granted for
Tract No. 1438 and the Mayor is hereby authorized to execute the Subdivision
Agreement and Common Driveway Agreements (2) and to accept the Open-Space and
Road Easements. The City Clerk shall cause the above and other pertinent
documents to be recorded with the final map.
On motion of seconded by
and on the following roll call vote: -
AYES:
NOES:
ABSENT
the foregoing Resolution was passed and adopted this daffy of
1989.
MAYOR
j
ATTEST:
CITY CLERK ����
Resolution No. (1989 Series)
Page Two.
APPROVED:
City nistrative Officer
City Ragineer
a
Clit'I GLS
Community Development Director
APPROVED AS TO FORM:
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City of.sat'i LUIS OBISPO
j FINAL MAP APPROVAL CHECKLIST
PROJECT NAME Royal Way, Ken Gazin
DESCRIPTION 13-lot Single Family Tract for Custom Homes
MAP NUMBER Tr 1438 SPECIFIC PLAN REZONING GEN.PLAN
USE PERMIT VARIANCE ARC OTHER
PUBLIC IMPROVEMENT CONDITIONS
k DESCRIPTION jMfPAL DATE COMMENTS
1 GRADING Including planting &retaining walla UnTer Construction - Bons poste
2 STORM DRAINS a DRAINAGE STRUCTURES rr n n n
3 SEWERS&SERVICES n n n n
4 WATERLINES&SERVICES n n u n
5 FIRE HYDRANTS
8 CONCRETE
Curbs and Gutters n n n
Sidewalks
Driveways n n n n
7 STREETS&PAYING
Pavement n n n it
Signing,striping and d curb painting
i
8 NONCiTY UTILITIES
P.G.&E. - Electrical it it it IT
Street Lights i rr n n n
Cable TV n n n IT
Telephone Co.
Gas Company n n n n
9 j FEES RECEIVED(Nater,Sawari H.B. 0/24/ 9 .
10 PUBLIC IMPROVEMENTS payments received
11 AGREEMENT CONDITIONS have been met ;-B.
0110/24/
12 MONUMENTATION c,p, v¢yo_;.rac
13 STREETTREE.4 On laps — to install w/buildn s
14 OFFSITE WORK 15 BONDIGUARANTEE deposited 9
18 PARK dedication or In4leu fees H.B. 9
17 1
- -
OTHER CONDITIONS
18 Board of Adjustments
19 PlanningCommisslon.. IlrZaq
20 Architectural Review Commisslort
21 City Council _�. fmA
o
22 Abandonments �\
23 1 Other
ATTACH LIST OF CONDITIONS&SUBDIVISION AGRREMENT COMMUNITY DEVELOPMENT AAL
_
5"1 PUBLIC SERVICES APPROVAL-
STANDARD SMIVISION AGREEMENT
CTHIS AGREEMENT. is dated this day of
by and
between ICMETH R. GAZIN AND: CARot J. GAZIN-
- _-- 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 1.438,
City of San Luis Obispo, California, as approved by the City Council, on
the day of 19
The Subdivider desires that said Tract 1438 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 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 subdivisionregulations, . 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
j
1 . CURBS, GUTTERS AND SIDEWALKS
2. STREET BASE AND SURFACING
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 (standard lighting, etc. )
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 g 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.
The 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
f
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
C,' 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 and has posted
the necessary fees: .
1 . The Subdivider has deposited a "casiPdepositn(guarantee) of 51 ,000.00 to
guarantee the cost of survey monuments in accordance with the approved
,V$� 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
1Q been received.
y0; 2. The Subdivider has paid water acre
�p� age fees of $1.9.795.00 ($1920 % 10.31 Ac)
3. The Subdivider has deposited a tree preservation deposit of $3,142.00 and
signed an agreement to guarantee preservation of trees shown on the tree
art preservation plan.
The Subdivider.has paid a park-in-lieu fee of $7,867.66.
L Ian
X45. The Subdivider has paid a sewer fee (Laguna lift station) of $455.00 (13
lots % 535/lot).
L.
6. The Subdivider has posted a landscaping Faithful Performance Bond is the
amount of $30,000 to guarantee installation of landscaping
�C' creek and the areas for the
quarry slope. per approved plans, when the city notifies
Subdivider that the water crisis is over and the landscaping is completed.
The Subdivider has posted a laadscapizfg Labor and Materials Bond in the
1 amount of 50% of the above landscaping Faithful Performance Bond.
j 7• The Subdivider shall inform lot buyers of the possibility of building
permit delays based on the city's water supply and usage per condition 10
f� of Resolution 6411 (1988 Series). Such notice shall be made a part of the
M° recorded documentation for each lot.
l
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
�3-1/
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 th faithful perf rmance of this
fi �� A ,`/ Q agreement. Sai
d
instrument of credit^er—bead is in the amount of 5220,000.00, which is 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 improvements occurring within
twelve (12) 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, based upon the total public
improvement cost of $350,000. (Performance bond amount of $220,000.00 is
based upon partial completion), 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 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
surety.
The Subdivider agrees to deposit with the City a labor and material
bond in the amount of 50% of the above described bonded subdivision
improvements in accordance with State law.
�V G-
Said Subdivider has deposited with the City the sum of $11 ,400.00 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 $11 .400.00, 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
i
3-/3
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. 1
IN WITNESS WHEREOF, this agreement has been executed by:
CITY OF SAH LUIS OBISPO SUBDIVIDER
MAYOR Kenneth R.
Carol J. Gazin
ATTEST:
CITY CLERK
Approved as to form:
t t •ae
City eer
1438-agr
by
6
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RESOLUTION NO. 6411 (1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
GRANTING APPROVAL OF TENTATIVE TRACT NO. 1438
LOCATED AT 2000 ROYAL WAY
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findings That this council, after consideration of the tentative map of
Tract 1438 and the Planning Commission's recommendations, staff recommendations and
reports thereon, makes the following findings:
1. The grading exceptions granted are subject to such conditions as will assure that the
adjustment thereby authorized shall not constitute a grant of special privilege
inconsistent with the limitations upon other properties in the same vicinity;
specifically, final grading plans are to be submitted to the approval of the
Community Development Director to assure consistency with the intent of the grading
ordinance.
2. Because of special circumstances applicable to the subject property, including the
shape, topography, and extensive grading done during the mining of the quarry and the
resultant damage needing correction, the strict literal application of the grading
limitations is found to deprive the property of privileges enjoyed by other
properties in the vicinity.
3. Under the circumstances of this particular case the grading exceptions are in
conformity with the purposes of Section 15.44.020 of the Municipal Code.
4. The design of the tentative map and proposed improvements are consistent with the
general plan, under the conditions noted below.
5. The site is physically suited for the type and density of development allowed in an
R-1-S zone.
6. The design of the tentative map and the proposed improvements are not likely to cause
serious health problems, substantial environmental damage or substantially and
unavoidably injure fish or wildlife or their habitat.
7. 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.
8. The Community Development Director has determined that the proposed subdivision will
not have a significant effect.on the environment and has granted a negative
declaration, with mitigation measures as follows:
a. The City Council, in its review of the tract, will accept or reject the open
space easements offered based on its determination of the offer's consistency
with the land use element hillside policies. If the offer is not determined
to be consistent, this inconsistency may be grounds for denial of the
tentative tract map.
1
Resolution No. 6411 (1988 Series)
Tract 1438
Page 2
b. Grading shall be limited to the removal of unpermitted fill, restoration of
the site to a more natural condition, and other grading which meets the
standards of the grading ordinance; flood control policy, and building code.
C. The applicant shall inform future lot buvers of the possibility of building
permit delay based on the city's water supply and usage.
d. The applicant shall provide sufficient fire protection, in the form of water
tanks or hydrants, to the satisfaction of the Fire Department. Individual lot
developers may be required to provide fire sprinklers, on a case-by-case
basis.
C. Creek modifications shall be limited to that approved by the council,
delineated in a creek protection and enhancement plan. Such plan shall
provide protection of downstream property from flooding and stabilization of
creek banks to prevent erosion, and must include protection of the creek from
debris and unlimited access, and restoration and maintenance of natural
vegetation where possible. Construction of all improvements shall be in
accordance with the approved plan and Department of Fish and Game permits.
f. The development of the lots shall be in accordance with the soils report,
updated after tract development. The updated report will provide specific
recommendations for each lot as it exists after tract acceptance. Reference
to such soils conditions and recommendations must be made a part of the
recorded documentation of the tract.
g. Drainage from new development shall be directed to the street or easement, or
to the creek, with the provision that there shall be no significant increase
in the amount of drainage entering the creek.
h. The existing 48' Monterey cypress shall be retained if determined healthy by
the city arborist. The applicant shall develop a tree plan, indicating all
existing trees, sizes and locations, and which are proposed to be retained or
removed. Such plan shall be leviewed by the Community Development Director
and City Arborist, who shall determine which trees may be removed, and the
replacement varieties to be installed. Development shall conform to the
approved plan.
i, Tract conditions shall include a requirement for architectural review of homes
and the water tank if required. Such review shall include grading, colors,
materials, and landscaping, with the aim of lessening visibility and
conforming to the hillside, consistent with hillside policies in the land use
element.
U Resolution No. 6411 (1988 Series)
Tract 1438
Page 3
SECTION 2. Conditions. That the approval of the tentative map for Tract- 1438 be
subject to the following conditions:
1. Exceptions are hereby granted to the grading regulations to allow restoration of the
developable portions of the site to a more natural appearance, to the approval of the
Community Development Director. Beyond grading necessary to restore the site,
grading shall conform to the Grading Ordinance, Land Use Element hillside planning
standards, and the Uniform Building Code. Grading may be done to the old quarry site
to stabilize the face and make it more natural-looking and esthetically pleasing,
providing that no trees are removed as part of the process. Grading and treatment of
this site is to be approved by the City Engineer and Architectural Review Commission,
prior to issuance of a grading permit. No grading of the quarry site shall be
allowed during the rainy season. —
2. A 12' wide access easement along the easterly property line of lot 2 shall be offered
to the city for maintenance of the Prefumo Creek tributary and Prefumo Creek, at its
confluence. Such easement shall be improved with an all-weather surface; extending
to the side of the bank of Prefumo Creek tributary, to the satisfaction of the Public
Works Department.
3. Creek improvements shall be limited to those shown on a creek plan submitted to the
approval of the Public Works Department and the Community Development Director, and
in accordance with permits obtained from the Department of Fish and Game. Such creek
plan shall show the extent of grading, proposed erosion control and revegetation
techniques, and fencing, plus any other related work required by the Community
Development Director and City Engineer.
4. Subdivider must provide a hydraulic analysis illustrating the effects of this project
during a 100-year storm on projects downstream. The creek crossing must be designed.
to accommodate a 100-year storm. If the analysis indicates additional work to
prevent further erosion of the Prefumo Creek banks must be done, such work must be
approved as part of the creek plan, and is subject to approval by the Army Corps of
Engineers.
5. No trees may be removed, including the 48" cypress, except with the approval of the
city arborist and the Community Development Director. The subdivider shall develop a
tree protection plan and post a bond to assure the safety of the existing trees
during construction of tract improvements, to the satisfaction of the city arborist
and Community Developmedt Director. The offsite portion of Royal Way shall be
modified to accomodate the existing Pepper tree, to the satisfaction of the Community
Development Director and City Engineer.
6. Development of lot 13 shall be subject to approval of a Planning Commission use
permit. Such use permit shall address visibility of proposed development, geology of
the site, and fire protection measures. Fire protection measures may include
sprinklers, an approved fire truck turnaround, a fire-resistive "greenbelt", and
other appropriate measures, to the approval of the Fire Department. Reference to
this condition shall be made part of the recorded documentation for this tract.
i
Resolution No. 6411 (1988 Series.) \�
Tract 1438
Page 4
7. The final map shall note that the three access easements into the county area shall
be restricted to 30' in width, with the actual improved road width no greater than
.20'. Modifications to the easements must be approved by the City of San Luis .
Obispo.
'The subdivider shall develop an agreement with the city, with theassistance of the
City Attorney. Such agreement shall limit the number of homes and lots to be
developed in the adjacent commonly-owned county area, and shall establish development
standards consistent with approvals by the County Board of Supervisors. The approved
agreement will be recorded concurrent with or prior to recordation of the final map.
Any change to this agreement must be approved by the city.
8. A note shall be placed on the final map that limits the use of the open space
easement areas to recreational uses as approved by the City Council.
9. The final map shall note that development of all lots is subject to review by the
Architectural Review Commission. Such review shall be consistent. with hillside
standards as stated in the Land Use Element Section D.3.f, and shall ensure that
style, colors, and landscaping blend into the surrounding hillsides.
10. The subdivider shall inform future lot buyers of the possibility of building permit j
delay based on the city's water supply and usage. Such notification shall be made a
part of the recorded documentation for each lot.
11. The subdivider must install a 4-foot integral sidewalk, street pavement, street
lighting, fire hydrants, drainage facilities, and utilities from the easterly tract
boundary to the end of the proposed cul-de-sac and private way, to city standards and
to the satisfaction of the City Engineer and Utilities Engineer. Six foot public
utility easements and ten foot street tree easements are required along all street
frontages. The subdivider is required to dedicate the off-site access easement
(Royal Way) to the city.
12. The private way must be built to full city structural standards. The paved width of
the street shall be limited to 20', plus1°separated parking bays approve y
Community DevelopmentirIS ector and City Engineer. The private way easement shall be
a minimum of 6 feet from the creek top of bank, with paving a minimum of 10 feet from
the top of bank.
13. One-inch minimum water services must be installed to accommodate possible future fire
sprinklers.
14. A standard city barricade, or approved alternative, shall be provided near the end of
the common driveway turnaround and adjacent to the creek, to warn vehicles
approaching from the access easement.
15. An updated soils report shall be prepared after grading of the site is completed.
Such soils report shall make specific foundation recommendations for each lot. The
final map or other recorded documentation of the tract shall refer to the updated
soils report.
V; Resolution No. 6411 (1988 Series)
Tract1438
Page 5
16. A general plan map change, from interim conservation/open space to low-density
residential, for this site, must be approved prior to or concurrent with approval of
the final, map. No construction shall begin until the map change is approved.
17. The subdivider shall provide topsoil for the moderately sloping portions of
the lots to the satisfaction of the Community Development Director.
On motion of Councilman Settle , seconded by_ Councilman Reiss ,
and on the following roll call vote:
AYES: Councilmenioers Settle, Reiss, Pinard, and Mayor Dunin
NOES: Councilmember Rappa
ABSENT: None
the foregoing resolution was passed and adopted this 15th day of March.
1988.
ATTE
City Perk PAM VpGES
APPROVED:
City A ministrative Officer
City At ney
�l�
. ... ..... ..... .......... ..........
Community Development Director JL:res1438
Mm-SATE BANK
SA,`' LUIS OBISPO 805-544-7070 75 Santa Rosa St., P.O. Box N, San Luis Obispo, CA 93401
City of San Luis Obispo October 16 , 1989
Office of the City Clerk
990 Palm Street
San Luis Obispo, CA 93401
IRREVOCABLE LETTER OF CREDIT NO. 7-142
FOR FAITHFUL PERFORMANCE FOR TRACT 1438
The undersigned, Mid-State. Bank, being a financial institution
which is subject to regulation by the State of California or
by the federal government, hereby pledges that monies to the
extent of $ 220,000.00 (TWO HUNDRED TWENTY THOUSAND AND
NO 100* * OLLARS) are credited to the moan commitment account
ot Kenneth R. Gazin and Carol J. Gazin as -required
by L, e Su .vision Map Act of- the State of California for the
purpose of securing the faithful performance of all the terms
and conditions of that certain agreement dated
for Tract 1438 executed by and between sal Kenneth R.
Gazin and Ca o1 J.. razin and the City of San Luis 0 ispo,
a municipa Corp-oration, and in, addition, costs and reasonable
expenses anfees , including reasonable attorney 's fees, incurred
d
by the City of San Luis Obispo in enforcing the terms and con-
ditions of said agreement.
The undersigned agrees that said funds are trust funds on deposit
and guaranteed for payment and that upon receipt of written
demand, signed by the City Clerk of the City of San Luis Obispo,
the undersigned shall immediately pay said funds or such amount
thereof as shall be set forth in said demand, to the Director
of Finance of the City of San. Luis Obispo to be used for the
purpose set forth above.
The undersigned further agrees that it shall hold said funds to
the credit of the loan commitment account of Kenneth R. Gazin
and Carol J. Gazin , for the uses and purposes hereiN
set ort , until such time as it receives written notice signed
by the City Clerk of the City of San Luis Obispo authorizing the
release of said funds.
It is specifically recognized and understood and agreed to by
the undersigned that the full amount of monies, as set forth
above, are to be maintained in said account at all times during
City of San Luis Obispo
Office of the City Clerk
990 Palm Street
San Luis Obispo, Ca 93401 October 16 , 1989
IRREVOCABLE LETTER OF CREDIT N0. 7-1-42 , Page 2
(FAITHFUL PERFORMANCE FOR TRACT 3 +3'8—
releaseainotheffundsamountatoobeamaintainedywilluonlynberdone
in accordance with Section 66499.7 of the Government Code of
the State of California.
By execution and delivery of this Irrevocable Commitment of
Funds to the City of San Luis Obispo, the undersigned financial
institution is relieved of any and all liability to said Kenneth
R. Gazin and Carol J. Gazin except as herein speci-
tically set ort .
.. . .._- •--: _ pts -�- r-t : F......; .. ft„ n 1 C..rh
� div of ()r.tt71)pY _
_ STATE OF CALIFORNIA
COUNTYOFSan Luis Obispo } SS.
October 20, 1989 Letter of Credit N0. 7-142
on before me, the undersigned,
a Notary Public in and for said Co and State:personally appearedTim Williams >r _
Personally,mown to me
❑
proved to me on the basis of satisfactory evideace
b
to / 'C- President,and
na
❑petsonapy known to me
❑proved to me on the basis of satisfactory evidence
to be the Secretary of the corporation that executed the
within lnstrornent, and acknowledged OFFIQAL SHAL
^ ged to me that such corporation M.LOY
°M executed the within instruzlrem pursuant to its by-laws or a resolution of "ot" atatrc•tuwarr
its board of directors. suuusoaevocournr
dz Signature
*7 Pbb and State FOR NOTARY STAW
the financial institution execucing saiu irrevvcauie %.uuuuyL.wca.c
. of Funds from all liability except as therein specifically set
forth.
Dated at San Luis Obispo, California, this 16th day of October ,
19 89
R. Gazin
Carol J. zin
j
1
MID-STATE BANK
SAN LUIS OBISPO 805-544-7070 75 Santa Rosa St..San Luis Obispo, CA 93401
City of San Luis Obispo October 16, 1989
Office of the City Clerk
990 Palm Street
San Luis Obispo, California 93401
IRREVOCABLE LETTER OF CREDIT NO. 7-143
FOR PAYMENT OF LABOR AND MATERIALS FOR TRACT 1438
The undersigned, Mid-State Bank, being a financial institution
which is subject to regulation by the State of California or by
the federal government, hereby pledged that monies to the extent
of $110,000.00** ( ONE HUNDRED TEN THOUSAND AND N0/1.0.0* * *
* * * * * * * DOLLARS) are credited to the loan commitment
account o Kenneth R. Gazin and Carol J. Gazin .
as required by the Subdivision Map Act of the State of California
for the purpose of securing the obligations set forth. in Title
15 (commencing with Section 3082) of Part 4 of Division 3 of the
Civil Code of the State of California for payment of the contractor,
subcontractors and persons renting equipment or furnishing labor
or material to them for the improvements to be constructed pursuant
to that certain agreement dated ' 1.9 , for
Tract 1438 executid by and between said
Kenneth R. Gazin and Cagol J aonand the City of San
Luis Obispo , a municipalcorporati , an in addition, costs and
reasonable expenses and fees , including reasonable attorney's
fees , incurred in enforcing such obligations .
The undersigned agrees that said funds are set-aside funds on
deposit and guaranteed for payment andthat it shall hold said
funds to the credit of the loan commitment account of
Kenneth R . Ga7in and Carnl I - r 7113 or the
uses and purposes herein set forth, until sucT time as it receives
written notice signed by the City Clerk of the City of San Luis
Obispo authorizing the release of said funds.
It is specifically recognized and understood and agreed to by
the undersigned that the full amount of monies , as set forth above,
are to be maintained in said account at all times during the duration
of this obligation and that any reduction or release in the fund
amount to be maintained will only be done in accordance with
Section 66499.7 of the Government Code of the State of . Californ_ ia.
City of San Luis Obispo
Office of the City Clerk
990 Palm Street
San Luis Obispo, California 93401
IRREVOCABLE LETTER OF CREDIT NO. 7-1.43 , Page 2
(PAYMENT OF LABOR AND MATERIALS FOR tga& 1438 )
By execution and delivery of this Irrevocable Commitment of Funds
to the City of San Luis Obispo the undersigned financial institution
is relieved of any and all liability to said Kenneth R. Gazin and
Carol J, Gazin except as herein specs scally
set torth.
Dated at San Luis Obispo, California, this 16th day of October ,
19 89 -
STATE OF CALff0RNIA
couNTYOF San Luis Obispo ss.
►� y4 Letter of Credit No . 7-143,
On October 20. 1989 before me,the undersigned,
a Notary Public in and for said County and
Tim Williams State.personally appeared
%Jpemonakly known tome
0 Proved to me on the basis of satisfactory evidence
to be ft ViCS.__ president,and
n/a-
�� 0 Personally known to me
0 Proved to me on the basis of satisfactory evidence
to be the Secretary of the corporation that executed the
m within Instttiment, and acknowledged tome that such co '
rpocation
executed the within instrument pursuant to its by-laws or a resolution of tuorutvv MC.
c its board of directors. S"" �o
�: � Mrcu.aE�.��,9 wyp
LID
Signature
Notary Lk o and State FOR NOTARY STAMP
zortn.
Dated at San Luis Obispo, California, this 16th day of October ,
19 89
Kenn h R G z n
Carol J Gazin
i
L'3-�3
Nil
MID-STATE BANK J
SAN LUIS OBISPO 805-544-7070 75 Santa Rosa St..San Luis Obispo. CA 93401
City of San Luis Obispo October 25, 1989
Office of the City Clerk
990 Palm Street
San Luis Obispo, California 93401
IRREVOCABLE LETTER OF CREDIT NO. 7-146
FOR PAYMENT OF LABOR AND MATERIALS FOR LANDSCAPING - TRACT 1438
The undersigned, Mid-State Bank, being a financial institution
which is subject to regulation by the State of California or by
the federal government, hereby pledged that monies to the extent
of $15,000.00** ( FIFTEEN THOUSAND AND N0/100* * >
* * * * ir * DOLLARS) are credited to the loan commitment
account of Kenneth R. Gazin and Carol J. Gazin
as required by the Subdivision Map Act of the State of Ca i ornia
for the purpose of securing the obligations set forth in Title
15 (commencing with Section 3082) of Part 4 of Division 3 of the
Civil Code of the State of California for payment of the contractor,
subcontractors and persons renting equipment or furnishing labor
or material to them for the improvements to be constructed pursuant
to that certain agreement dated , 19 , for
Lanscaping Tract 1438 execute y an between said
Kenneth R. Gazin and Carol J. Gazin and the City of San
Luis Obispo , a municipal corporation, and in addition, costs and
reasonable expenses and fees, including reasonable attorney' s
fees , incurred in enforcing such obligations.
The undersigned agrees that said funds are set-aside funds on
deposit and guaranteed for payment andthat it shall hold said
funds to the credit of the loan commitment account of
Kenneth R. Gazin and Carol J. Gazin for the
uses an purposes herein set torth, until-such time as it receives
written notice signed by the City Clerk of the City of San. Luis
Obispo authorizing the release of said funds.
It is specifically recognized and understood and agreed to by
the undersigned that the full amount of monies , as set forth above,
are to be maintained in said account at all times during the duration
of this obligation and that any reduction or release in the fund
amount to be maintained will only be done in accordance with
Section 66499 . 7 of the Government Code of the State of California.
City of San Luis Obispo
r Office of the City Clerk
990 Palm Street
San Luis Obispo, California 93401
IRREVOCABLE LETTER OF CREDIT NO. 7-146 , page 2
(PAYMENT OF LABOR AND MATERIALS OWE-Tr.1430
By execution and delivery of this Irrevocable Commitment of Funds
to the City of San Luis Obispo the undersigned. financial institution
is relieved of any and all liability to said Kenneth R. Gazin and_
Carol J. Gazin except as herein specifically
set forth.
Dated at San Luis Obispo, California, this 25th day of October ,
19.8x.
Mid-State Bank
San Luis Obispo Office 07
Tim Williams
Vice President and Manager
Address to which notices to Bank
should be sent:
Mid-State Bank
75 Santa Rosa Street
San Luis Obispo , CA 93401
The undersigned hereby agrees to all the terms and conditions
of the foregoing Irrevocable Commitment of Funds and releases
the financial institution executing said Irrevocable Commitment
of Funds from all liability except as therein specifically set
forth.
not-oil a-t san Luis Obispo. California, this 25th day of October ,
= STATE OF CALIFORNIA
couNw0F San Luis Obispo } SS. Letter of Credit No . 7-146
$ on October 25 1989 befomme thewdetsi
a Notary public in and for said County and State,personally appeared
Tim _Williams
ErPetsonally known to me
❑proved to me on the basis of satisfactory evidence
w be t%s i c e Presidetit, and
❑Personally known w me
11 Proved to me on the basis of safishcgmy evidence QMQAL
w be theJffRWNOTAWPU8Lr._1,:jj
K L
Sxtetaty of the corporation that executed thewithin Iashummt, aad aclmowl� swtuacMWged to me dim such corporation M9Co EPYw
muted the within instrument pursuant to its by-laws or a resolution of
as board of directors.
a_ 4
-'3%2'
Public in and for seld i state FOR NOTARY STAMP
MID-STATE BANK
SAN LUIS OBISPO 805-544-7070 75 Santa Rosa St., P.O. Box N, San Luis Obispo, CA 93401
City of San Luis Obispo October 25, 1989
Office of the City Clerk
990 Palm Street
San Luis Obispo, CA 93401
IRREVOCABLE LETTER OF CREDIT N0. 7-145
FOR FAITHFUL PERFORMANCE FOR LANDSCAPING - TRACT 1438
The undersigned, Mid-State Bank, being a financial institution
which is subject to regulation by the State of California or
by the federal government, hereby pledges that monies to the.
extent of $30 ,000.00** ( THIRTY THOUSAND AND NO/100-
* * DOLLAR ' are cre ite , to the Loan commitment account
of KennetF R. Gazin and Carol J. Gazin as required
by the Subdivision Map Act ot the State of Ca itornia for the
purpose of securing the faithful performance of all the terms
and conditions of that certain agreement dated
for landsca i Tract 1438 executed by and between -said Kenneth -
Gazin and Carol J. Gazinand the City of San Luis 0 ispo,
a municipai corporation, an in, addition, costs and reasonable
expenses and fees, including reasonable attorney's fees , incurred
by the City of San Luis Obispo in enforcing the terms and con-
ditions of said agreement.
The undersigned agrees that said funds are trust funds on deposit
and guaranteed for payment and that upon receipt of written
demand, signed by the City Clerk of the City of San Luis Obispo,
the undersigned shall immediately pay said funds or such amount
thereof as shall be set forth in said demand, to the Director
of Finance of the City of San. Luis Obispo to be used for the
purpose set forth above.
The undersigned further agrees that it shall hold said funds to
the credit of the loan commitment account of Kenneth R. Gazin
and Carol J. Ga.zin , for the uses and purposes erein
set torth, unti suc time as it receives written notice signed
by the City Clerk of the City. of San Luis Obispo authorizing the
release of said funds.
It is specifically recognized and understood and agreed to by
the undersigned that the full amount of monies , as set forth
above, are to be maintained in said account at all times during ��
City of San Luis Obispo -
Office of the City Clerk
990 Palm Street
San Luis Obispo, Ca 93401
t IRREVOCABLE LETTER OF CREDIT NO. 7-145 , Page 2
(FAITHFUL PERFORMANCE FOR LANDSCAPING.- TRACT 1438 )
the duration of this obli ation and that any reduction or
release. in the fund amouni to be maintained will only be done
in accordance with Section 66499.7 of the Government Code of
the State of California.
By execution and delivery of this Irrevocable Commitment of
Funds to the City of San Luis Obispo , the undersigned financial
institution is relieved of any and all liability to said Kenneth R.
ga7.in and Car-n1 T_ Gain except as herein sped-
fically set torth.
Dated at San Luis Obispo, California, this 25th day of October ,
19 89 .
Mid-State Bank
San Luis Obispo Branch #07
BY: � -
-�e.
Tim Williams
Vice .President and Manager
Address to which notices to Bank
should be sent:
Mid-State Bank
75 Santa Rosa St.
San Luis Obispo, CA 93401
The undersigned hereby agrees to all the terms and conditions
of the foregoing Irrevocable Commitment of Funds and releases
the financial instittitinn ravarr.ntina aniA
STATE OF CALIFORNIA
' COUNTYOF" San T.ui c Obi ono } SS. Letter of Credit No. 7-145
' I. On October 25, 1989 before me,the undersigned,
a Notary Public in and for said County and State,personally appeared
Tim Williams
[3personally(mown to the
❑proved to me on the basis of satisfactory evidence
to be the V i c e President, and
n/a
❑personally known to me
❑proved to toe on the basis of satisfactory evidence OFFlt7Al.SEAT,
to be the- Secretary of the corporation that executed the M LOY
NOTARY fistJC=CALlFOR11111
within Instrument, and acknowledged to the that such corporation sA uAscemoo""
g eucumd the within• t pursuant to its by-laws or a resolution of rh r"` ` °1990
its board of diiecmrs:
tignature
Notary Pablie in and for said C -State FOR-NOTARY STAMP
TRACT 1438
LIST OF FEES AND BONDS
A. FEES: Paid Fund Number
Prior to Early Grading:
1 . Plan check deposit $ 1 ,000.00 8/3/88 680-9210-220-130
(previous deposit-
2. Inspection deposit $11 ,400.00 6/6/89 680-9210-220-130
3. Erosion control contingency $ 5,000.00 6/6/89 680-9210-220-130
and restoration (not req'd
if map finaled w/bonds etc.
prior to grading)
4. Tree preservation guarantee $ 3,142.00 5/3/89 Cert. of Deposit
per cond. 5, Res. 6411 (Reed thru
(1988 Series) Planning)
Prior to Final Map:
I . Water acreage fee (10.31 Ac $19,795.00 10-U-f5 050-0017-071-020
% $1920/Ac)
2. Sewer fee (Laguna lift S 455.00 W-14 4lzt•m r 1
station) (35/lot % 13 lots)
3• Park-in-lieu fee (cash) $ 7,876.66 )0,10411 011-0010-013-020
12 lots % 2.69 person/lot
K $550,000.00 % .005 Ac/person
11 .27 Acres
04
C�rT. c'•�- 'r 37SJ �.
4. Mcnimentation (cash deposit) $ 1 ,000.00
5. 1A, 1B and 1D above M g
B. BONDS .
1 . Total Public Improvements350,000.00,
(Remaining work after ( l
partial completion) $220,000.00 10-2-0'S'1 1-atF�✓ v�,�✓� + Q�aG.
/1+15 7-14
2. Labor & Materials Bond $110,000.00 !0-7. -f- erel:t- ¢yam
(50% of Faithful Performance) t4 s N-;r-t X43
3. Landscaping Bond
A. Faithful Performance $ 30,000.00 /0-30-
B. Labor & Materials $ 15,000.00 10-
hb7/1438-agr ,� ,[ �
by � /�
7 7'1�6)
e3-
RECORDING REQUESTED BY:
WHEN RECORDED RETURN TO: V`^
� Kenny Gazin
P.O. Box 4359
San Luis Obispo, CA 93406
APN� 53- 111-04�
OPEN SPACE EASEMENT GRANT
(Tract 1438)
KENNY GAZIN and CAROL GAZIN, (called the "Ownern) , make this OPEN
SPACE EASEMENT GRANT regarding the following:
(a) Owner owns Tract 1438, being a subdivision of Parcel "A"
of Parcel Map SL 85-206 as shown in Book 39 of. Parcel Maps at Page
36 in the City of San Luis Obispo, County of San Luis Obispo, State
of California.
(b) The CITY OF SAN LUIS OBISPO, a Municipal Corporation,
(called the "City") , as-a- condition of the Tract 1438 subdivision,
requires the creation of open space easements for the benefit of
the City (and its successors and assigns) and for the benefit of
the Owner (and their successors and assigns) .
OWNER HEREBY GRANTS to the City of San Luis Obispo an open
space easement in and to the area shown as the "open space
easement" on the Map of Tract 1438. By this grant of an open space
easement, the Owner conveys to the City an estate and interest in
said real property of the nature and character and to the extent
expressed by this instrument with the intended result of the
expressed restrictions imposed by this instrument upon the use of
the open space easement by the Owner in order to accomplish that
purpose and intent, the Owner hereby covenants (for themselves and
for their successors and assigns) with the City (and its successors
and assigns) to do and refrain from doing anything in violation of
this instrument within the open space easement.
The Owner makes this OPEN SPACE EASEMENT GRANT an the
condition that the use of the open space easementshall be
restricted as follows:
A: No buildings or structures shall be erected within the
open space easement without the unanamious approval of all Owners
of Tract 1438 and the approval of the City Council of the City of
San Luis Obispo.
B. Solid fences are prohibited and only fences approved by
the City Architectural Review Commission and the Tract 1438
Association Architectural Review Committee shall be allowed and
only to the extent that such fences are specifically found to be
appropriate for open space preservation.
C. Advertising of any kind shall be prohibited within the
open space easement.
D. Horticultural maintenance shall be restricted to promotion
of native vegetation for purposes of erosion control and fire
control unless specifically approved by the City Community
Development Department and the Architectural Committee of the Tract
2438 Association.
E. Grading shall be prohibited in the open space easement
except as permitted by the City Community Development Department
and the Architectural Committee of the Tract 1438 Association, and
then only to the extent necessary to promote native vegetation for
the purposes of erosion control and fire control or to protect the
�i loss of private property.
1 A�_
F. Extraction of minerals and natural resources, except for
water, shall be prohibited.
G. Removal of natural vegetation shall be prohibited except
for fire protection or elimination of diseased growth, subject to
the approval of the City Community Development Department and in
cooperation with Architectural Committee of the Tract 1638
Association.
The easements created by this instrument shall remain in effect in
perpetuity. This easement grant may not be abandoned by the City
except in full compliance with section 51093 of the California
Government Code. The rights of beneficiaries of trust deeds and
mortgages shall be subordinate to the restrictions imposed. by this
instrument. Nothing in this instrument is intended to supercede
the power of the City of San Luis Obispo to further restrict the
use and development of the open space easement pursuant to
ordinances and regulations governing land use. This instrument
shall both bind and benefit the parties and the successors and
assigns oftheparties.
Dated: L! 1989
RE ! GA'
CAROL GAZIN
STATE OF CALIFORNIA )ss.
COUNTY OF SAN LUIS OBISPO )
On this 15t� day of SC a 1989, before me, a Notary
Public, personally appear4d KENNY GAZIN and CAROL GAZIN, personally
known to me or proved to me on the basia of satisfactory evidence -
to be the persons whose names are subscribed to this instrument.
Each of them acknowledged to me that they executed the same.
WITNESS my hand and official seal..
- - - - - - - - ---
/7.
J OFFICIAL SEAL
NANCY 8 SHAPER 6
I ,:,../
1
2
I THE BOARD OF SUPEkk DRS ,�-
COUNTY OF SAN LUIS OBISPO,STATE OF CALIFORARA
Tues November 1
day—_-------------919--8
----919--8 8
PRESENT: Supervisors Jerry Diefnderfer, Evelyn Delany, James Johnson,
Carl Hysen and Chairman William B. Coy
ABSENT: None
RESOLUTION NO. 88-502
RESOLUTION CONDITIONALLY APPROVING JACK AND CHARLOTTE FOSTER
DEVELOPMENT PLAN APPLICATION D870071D
The following resolution is now offered and read:
WHEREAS, on June 9, 1988, the PLsaning Commission of the County of
San Luis Obispo (hereinafter referred to as the "Planning Commission")
duly considered and recommended to the Board of Supervisors conditional
approval of Jack and Charlotte Foster's Development Plan application
D870071D; and
I:THEREAS, on November 1, 1988, the Board of Supervisors conducted a
public hearing to consider said Development Plan application, the
recommendation of the Planning Commission, and all other evidence
relating to said Development Plan application.
/ NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the Board of
Supervisors of the County of San Luis Obispo, State of California, as
follows:
1. That the recitals set forth hereinabove are true, correct and
valid.
2. That the Board of Supervisors makes all of the findings of fact
and determinations set forth in Exhibit A attached hereto and
incorporated by reference herein as though set forth in full.
3• That the negative declaration prepared for this project is
hereby approved as complete and adelu¢te .and as having been prepared"li
.accordance with the provisions of the California Environmental Quality
Act. r.,..,. C•j-a: "c.; •iic i,;. .-�,• .,
t.:
.. . .'r::� a.. •.,::•.; 1•. ,r 1ya zav� • ,. ->, ,:•,:::,, , „•,;�.;
V•a ;I,., ::.un. �i,hr.n.,: .,,• arll nbpo in•,+� ua:al�r. pn,,/r
nl. .. •+:•j•o: l:LGl.e 1: >• ,', 'q•,d'EJIY ..qG A••ri •GI bPJi. ra , .:i,.: :+1Ut�< 1,:.
� i,:b (YL', ill%. i11t1 1•I:1% ,'. •JU' �.. ::'. ..
U
4. That Board of Supervisors has reviewed and considered the
information contained in the negative declaration together with all
comments received during the public review process prior to approving the
project.
5. That Development Plan application D870071D of Jack and Charlotte
Foster is hereby approved subject to the conditions of approval set forth
in Exhibit B attached hereto and incorporated by reference herein as
though set forth in full.
Upon motion of Supervisor Delany , seconded by
Supervisor Hysen , and on the following roll call vote, to
wit:
AYES: Supervisors Delany, Hysen, Diefenderfer, Johnson,
NOES: None Chairman Coy
ABSENT: None
ABSTAINING: None
the foregoing resolution is hereby adopted.
WIWAM B. COY
Chairman of the Board of-Superviaors
ATTEST:
FRANCIS M.GOONEY
Clerk of the Board of Supervisors
[SEAL]
APPROVED AS TO FORM AND LEGAL EFFECT:
JAMES B. LINDHOLM, JR
Cou y Counsel
By: —&�
Depu y el
Dat C 70g
4464L
STATE OF CALIFORNIA,
County of San Luis Obispo,
1, FRANCIS M. COONEY
-- --- -------------------- ---..._..__,County Clerk and ex-officio Clerk
of the Board of Supervisors, in and for the County of San Luis Obispo, State of California, do
hereby certify the foregoing to be a full, true and correct copy of an order made by the Board
of Supervisors, as the same appears spread upon their minute book.
WITNESS my hand and the seal of said Board of Supervisors,affixed this. --
day of..........November--_-,19---88
FRANCIS M. COONEY
------------------- �(
(SEAL) County Clark and Ex-officio Clerk of the Be----_�' Ir
--- Supervisors L
By rJpp��jj 1- 1
Wit -- _ -_tD ass _-Deputy /J -
e' '?-1.2-
EXHIBIT A.
FINDINGS
D870071D — JACK AND CHARLOTTE FOSTER/ROB STRONG
A. The proposed project or use is consistent with the San Luis Obispo
County General Plan because parcels of. 20 acres to 320 acres are
allowed in Rural Lands based on parcel size tests and. this application
:addresses those tests.
IL As conditioned, the proposed project or use satisfies all applicable
provisions of Title 22 of the County Code.
C. The establishment and subsequent operation or conduct of the use willgot
because of the circumstances and conditions applied in the particular
case, be detrimental to the health, safety or welfare of the general
public or persons residing or working in the neighborhood of the use,
or be detrimental or injurious to property or improvements in the
vicinity of the use because only four residences will. be allowed on
the property and their siting and development is conditioned to not be
visible from neighboring property.
D. The proposed use will not be contrary to the public interest or
injurious to nearby properties, and that the spirit and intent of this
section will be observed because these are rural residences in a rural
G area adjacent to the city.
E. The proposed project or use will not generate a volume of traffic
beyond the safe capacity of all roads providing access to the project,
either existing or to be improved. with the project because the owner
will provide a 40 foot kklir�-UA,*l between these parcels and the
nearest public road. easements
F. On the basis of the Initial- Study and all comments received, there is
no substantial evidence that the project will have a significant
effect on the environment.
G.*
H¢- The proposed parcels are consistent with the purpose and character
statements of the Rural Lands category as set forth in Section B,
Chapter 7, Part I of the Land Use Element, because very large parcels
with single-family uses are recognized as appropriate in this category.
The development willnot create significant adverse effects on the
natural features of the site or vicinity that were the basis for the
Sensitive Resource Area designation, and will preserve and protect
such features through the site design, because the attached conditions
address visual impacts and the required open space.
*G.. The parcel size granted is within the range of parcel sizes
allowed for the RuralLands category by Section B, Chapter 7,
Part I of the Land Use Element .
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JLi/• Natural features and topography have been considered in the design and
siting of all proposed physical improvements because the proposed
building sites are on relatively level areas already accessible by
existing agricultural roads.
K X The proposed clearing of trees is the minimum necessary to achieve
safe and convenient access and siting of proposed structures and Will
not create significant adverse effects .on the identified sensitive
Rresource because the applicant has agreed to minimize site disturbance.
The soil and subsoil conditions are suitable for any proposed
excavation and site preparation and drainage improvements have been
designed to prevent soil erosion and sedimentation of streams through
undue surface runoff because a soils engineering report has been
prepared With appropriate recommendations the applicant grill be
required to follow.
MD/sb/cl/9815j/73
6/16/88
M. The ordinance requirement for 40" rights-of-way is .not
necessary in this particular case because each 40 ' easement
provided will serve no more than two residences.
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EXHIBIT B
CONDITIONS OF APPROVAL
D870071D
Approved Use
Four
:1. .::This approval authorizes a waiver of minimumTparcel size to allow
:.%four parcels of at least 40 acres each. with Gd 300 foot diameter
_-:building sites as noted on the approved site plan, through approval
.:-of Tentative Tract Map 1626 (S870197T) by the Board of Supervisors.
Subdivision Requirements
2. Further design and improvement requirements for the project shall be
established through the approval of the Tentative Tract Hap.-
3. Any modification in the project through the Tentative Map process
shall require reconsideration of the Development Plan by the Planning
Commission.
4. This approval is effective for a period of 24 months from the date of
the approval by the Board of Supervisors of the Tentative Map.
S. The developer shall submit proposed covenants, conditions and
restrictions for the subdivision to the County Planning Department
for review and approval.
6. The developer, at a minimum, shall provide the following provisions
in the CC&R's.
a. No construction outside the building sites shown on the revised
Site Plan.
b. Driveway shall be in the location shown on the revised Site Plan.
C. No secondary dwellings on the parcels.
d. Attach the revised Site Plan as an exhibit:
e. Prior to applying for building permits, each proposal shall be
reviewed through the Site Plan process or Minor Use permit if
that process replaces Site Plan review. This review shall
specifically review these conditions of approval and site design
and.visibility as noted in the negative declaration.
7. Site development shall be consistent with a revised site plan to be
submitted to the Development Review Section of the Department of
Planning and Building for review and approval before recording of a
final map. The revised plan shall indicate the following:
• I
a. The four building sites on Lots 1 through 4 will be retained with
the remainder indicated as open space.
b. The ads leading to the r ert shall be 40 f ,
�i/gi�ldf�lr�7 / easements includin� �� or roadway and g
for utilities.
8. Submit grading, sedimentation and erosion control, and drainage plans
prepared in accordance with the requirements of Section 22.05.024,
22.05.0289 22.05.036 and 22.05.044 of the county Land Use Ordinance to
the Department of Planning and Building for review and approval and
:'obtain an approved grading permit before the start .of grading. If so
:-required, review of the plan shall be subject to an inspection and
checking agreement with the Engineering Department and/or the plan
shall be prepared by a registered civil engineer. .
Agreements
9. Prior to recording the final map, the applicant shall execute a
covenant and agreement with the county in a form acceptable to the
County Counsel, whereby the applicant agrees, on behalf of himself and
his successors in interest to restrict the use of the building sites on
each parcel such that the sites will not be used for more than one
single-family residence and minor agricultural buildings or for any
other purpose not specifically authorized by this approval.
-- --- - -----
40 0-PAR
identified`_buildi=sites. ` - "r
Trees
11. Removal of existing trees is not approved at this time; future removal
of trees for this project shall be subject to first obtaining Planning
Department review and .approval.
Environmental Conditions
12. The applicant shall comply with all provisions of the developer's
statement dated 26 February 1988 and attached to the notice of
determination and negative declaration.
13. Any driveway with an overall slope of 15% shall have a non-skid surface.
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MD/sb/9815j
5/25/88
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Recording Requested by.
and when Recorded Mail to:
CIty Clerk
City of San Luis Obispo
P. O. Bos 8100
San Luls Obispo, CA 93401
A.P.N. 61,VL — 0 7.0
DEVELOPER'S STATEMENT
Tract 1626 in the Unincorporated Area
of San Luis Obispo County
Without approval by the City of San Luis Obispo, the number of homes and lots to be developed
on the land contained within the above-mentioned subdivision (Parcel B of Parcel Map SL 85-
206 as recorded,in Book 39 page 36 of Maps, in the office of the Coutny Recorder of the County
... of San Luis Obispo, State of California), shall be restricted to four building sites on lots 1
through 4 as prescribed.in those certain Development Plan requirements, prescribed in Resolution
No. 88-502 approved by the Board of Supervisors, County of San Luis Obispo, on November 1,
1988.
If for any reason the subject Tract No. 1626 is not recorded, any subsequent subdivision or
development plan would be subject to the approval of the City of San Luis Obispo.
The foregoing is a condition (#7) of City of San Luis Obispo Council Resolution No. 6411 (1988
Series) the development of Tract 1438, lying at the southerly end of Royal Way and adjacent to
Tract 1626.
Clack S. Foster Charlotte P. Foster
STATE OF CALIFORNIA
COUNTY OF
fSan Luis Obispo
1
On November 6, 1989 _ , before me , the undersigned,
a Notary Public in and for said County and State , personally
appeared Jack S. and Charlotte P. Foster , personal 1 y known to me
(or proved to me on the basis of satisfactory evidence) to
be the person(s) whose name(s) is(are) subscribed to the
within instrument and acknowledge that they executed the
1 same . _
J WITNESS my hand and official seal .
----
RECORDING REQUESTED BY:
WHEN RECORDED RETURN TO:
City Engineer
City of San Luis Obispo
955 Morro Street
San Luis Obispo, CA 934 R P N &7— 22 I—O ZO
0- 2--2-1-030
EASEMENT DEED and AGREEMENT
4S-
UTILITIES
SUTILITIES and COMMON DRIVEWAYS
(Tract 1438)
This Agreement is made by KENNY GAZIN and CAROL GAZIN, (called "Gazin"),
and JACK S. FOSTER and CHAROLETTE P. FOSTER, (called "Foster") , regarding
the following:
(a) Gazin owns Tract 1438, being a subdivision of Parcel A of Parcel
A of Parcel Map SL 85-206 as shown in Book 39 of Parcel Maps at. Page 36 in
the City of San Luis Obispo, County of San Luis Obispo, State of
California, (called "Tract 1438").
(b) Foster owns Parcel B of Parcel Map SL 85-206 as shown in Book 29
of Parcel Maps at Page 36 in the County of San Luis Obispo, State of
California, (called "Parcel B").
(c) The City, as a condition of the Tract 1438 subdivision, requires
the creation of private. common driveway easements to serve Lots 11, 12, and
13 of Tract 1438, and Parcel B of Parcel Map 85-206.
(d) This Agreement shall bind and benefit each lot and parcel , or
portion thereof, as described in this Agreement.
(e) This Agreement shall bind and benefit each lot. and parcel , or
portion thereof, as described in this Agreement.
The parties agree as follows: 1
1. Gazin hereby reserves and grants easements appurtenant for public J
utility purposes as shown on the Map of Tract 1438 for the .use and benefit
of each lot within Tract 1438 and each lot created in the future on Parcel
B, provided, however, that utility installations shall be subject to
approval by the architectural review committee of the Tract 1438
Association.
2. Gazin hereby reserves and grants easements appurtenant for private
common driveway purposes over the described real property as shown on the
Map of Tract 1438 for the use and benefit of each specified lot and parcel,
or any portion thereof. The easements reserved and granted by this
Agreement are:
(a) "Easement A", as shown on the Map of Tract 1438, shall be for the
benefit of Lots 11, 12, and 13 of Tract 1438, and each lot created in the
future on Parcel B which establishes access extending through Easement A.
As part of the private common driveway for Easement A, the Owner(s) of Lots
11, 12, & 13 shall operate and maintain a street light (by contract with a
public utility) to be located on Easement A. Owners of lots on Parcel B to .
be excluded from street light costs. If the described Owner(s) do not
provide adequate street lighting consistent with street lighting generally
provided within the City of San Luis Obispo; then the City of San Luis
Obispo shall have the right to contract for street lighting services on
Easement A, and the •City of San Luis Obispo shall have the right to
assess each Owner for a reasonable share of the cost of such street
lighting services plus reasonable administrative expenses. The City
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of San Luis Obispo shall not have any liability to provide nor any
liability for the coat of 'providing, street lighting on Easement A.
(b) "Easement B", as shown on the Map of Tract 1438, shall be
for the benefit of each lot created in the future on Parcel B which
establishes access extending through Easement B.
(c) "Easement C", as shown on the Map of Tract 1438, shall be
for the benefit of Lot 13 of tract 1438 and each lot created in the
future on Parcel B which establishes access extending through
Easement C.
(d) "Easement D", as shown on the Map of Tract 1438, shall be
for the benefit of each lot created in the future on Parcel B which
establishes access extending through Easement D.
3. The Owner(s) of each lot served by any of the easements
'described in this Agreement shall comply with the following terms
and conditions:
(a) California Civil Code Section 848 shall govern the
obligations, liabilities, and cost of Improvement, maintenance, and
repair of each private common driveway created by this Agreement
with one proportionate share for each residence which establishes
access extending through the respective easement, except to the
extent that a lotis speeifieally excluded from such obligation by
this Agreement.
(b) . Use and enjoyment o!. rights conferred by the grant of an
easement for public utility purposes only shall not cause the lot to
be subject to assessment for private common driveway expenses.
(c) All parking shall be prohibited on the "common access
portions" of private common driveways as shown on the Map of Tract
1438.
(d) Each Owner, as a condition of accepting title to his or
her respective parcel of real property, hereby agrees, jointly and
Individually, to reimburse the City of San Luis Obispo for any casts
for removal of vehicles from those common access portions, and shall
hold the city harmless from all final judgments against the City and
reimburse the City for damages or other liability arising from the
enforcement of the described parking prohibition.
. (e) Each Owner likewise acknowledges that the City cannot
regulate vehicle usage or hazards upon the private common driveways,
and each of them agree, jointly. and individually, to defend and hold
the City harmless from all claims of damages or liability arising
from the alleged failure of the City to regulate vehicles or to
Provide protection from hazards upon those Arivewaye.
( f) Each Owner likewise promises to repair any portion of the
private common driveways that may be damaged by intentional or
negligent acts of such Owner or his or her licensees and invitees..
(g) Without assessment or payment, each of the easements
described in this Agreement may be used as access to the "open space
easement" and "creek easement" as .shown on the Map of Tract 1438 for
duly authorized improvements, maintenance, and repair of the open
space and creek easements, including the landscaping, and the
irrigation and drainage facilities.
4. The parties hereby agree that the easement rights created by
this Agreement are superior and paramount to the rights of any of
the parties in the respective servient estates created, and that
this Agreement is intended to create "covenants running with the
land".
Dated: 1989
IN!NYJ
CAROL GAZIN .�,,,,�
Dated: l0 20 1989 4� �
E S. POSTER
CHARLOTTE P. POSTER
STATE OF CALIFORNIA )ss.
COUNTY OF SAN LUIS OBISPO )
On this /:5t day of �Wfe—m beer , 1989, before me, a Notary
Public, personally appeared KENNY GAZZN and CAROL GAZIN, personally
known to me or proved,to me on the basis of satisfactory evidence to
be the persons whose names are subscribed to this instrument. Each
of them acknowledged to that they executed the same.
WITNESS my hand and official seal.
OFFICIAT- Sr. ^L /
�lNANCY 6 SH.AF22
STATE OF CALIFORNIA )sa.
COUNTY OF SAN LUIS OBISPO- )
On this 2,a day of
989, before me, a Notary
Public, personally appeared J K S. FOSTER and CHARLOTTE P. FOSTER,
personally known to me or proved to me on the basis of satisfactory
evidence to be the persons whose names are subscribed to this
instrument. Each of them acknowledged to me that they executed the
same.
WITNESS my hand and official seal.
" 1 ► laic._ n,�Y>
rw�iu ceta�ocoamr
warm.em.►m,.a,s�,
RECORDING REQUESTED BY:
WHEN RECORDED RETURN TO:
Kenny Gazin
P'.0. Box 4359
San Luis Obispo; CA 93406 AQP 53.-II�-o4S
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
OF
TRACT 1438
City of San Luis Obispo, California
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ,
dated r 1989 , is made by:
KENNY GAZIN and CAROL GAZIN
called "Declarant"
RECITALS
Declarant is the owner of the real property (called the
"Project" ) in the City of San Luis Obispo , County of San Luis
Obispo, California as shown on the Map of Tract 1438 and as more
fully described in Exhibit "A" attached as part of this
Declaration.
The Project consists of thirteen ( 13)• Lots which are intended
to be residential sites . Ownership of each of the thirteen ( 13)
Lots shall include membership in TRACT 1438 ASSOCIATION, a
non-profit association, ''in addition to the ownership of a fee
interest in the particular Lot .
As part of the City approval of the Map of Tract 1438 , a road
which is an extension of Royal Way shall be offered for dedication
to, and accepted by, the City of San Luis Obispo, (called "Royal
Way" ) .
As part of the City approval of the Map of Tract 1438 , an
easement shall be created for private road access and for private
and public utilities extending from Royal Way to the westerly
boundary of Tract 1438, serving Lots 11 ; 12 , and 13 , and Parcel B
and other Lots that may be developed on Parcel B of Parcel Map SL
85-206 as shown in Book 39 of Parcel Maps at Page 36 , (called "the
private easement" ) .
Declarant hereby appoints KENNY GAZIN as the authorized agent
of Declarant and Financial Manager of the Association to execute
all documents necessary to obtain governmental approval of' _the
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Project, including Easement Grants to governmental authorities as
may be required.
DECLARATION �` -✓'
Declarant states that:
The Project shall be improved, used, held, conveyed, divided,
encumbered, hypothecated, leased, and occupied subject to the
following covenants, conditions, grants of easement , equitable
servitudes, rights-of-way, liens, and rights, all of which support
a plan for subdivision of the Project and sale of Lots within the
Project; to benefit and protect the Project; to benefit the Owners;
to "run with the land" ; and bind all parties acquiring any interest
in the Project; to benefit every portion of the Project; and to
benefit and bind each Owner, and each successor in interest of each
Owner.
Each conveyance, assignment, lease or sublease of a Lot shall
incorporate all of the provisions of this Declaration.
This Declaration shall be enforceable by Declarant , each
Owner, and each successor in interest of Declarant and each Owner,
and also by the Association.
The covenants, conditions, grants of easement, equitable
servitudes, rights-of-way, liens, and rights under which the
Project shall be improved and used, held, conveyed, divided,
encumbered, hypothecated, leased and occupied are the following:
ARTICLE I
DEFINITIONS
1 : 1 . "Assessments" means an assessment made against an Owner
and the Owner's Lot.
1 : 2 . "Association" means Tract 1438 Association, a nonprofit
association, or its successors in interest.
1 : 3. "Bylaws" and "Regulations" mean the duly adopted Bylaws
and Regulations of the Association.
1 :4 . "Landscape Areas" means the Creek Easements and Open
Space Easements as shown on the Map of Tract 1438 .
1 : 5. "Common Expenses" means the actual and estimated expense
of maintaining the Landscape Areas and a reasonable reserve for
such purposes, and performance of any other legal duties of the
Association.
1 : 6 . "Project Documents means this Declaration and
amendments, the Articles, Bylaws, and Regulations of the
Association, the recorded Tract Map, and Easements and other
recorded instruments affecting the Project.
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1 :7 . "Declarant" means Jack S . Foster and Charlotte P.Foster,
and their successors in interest .
1c8 . ' 11Mortgage" means any security device encumbering all or
any portion of the Lots including any deed of trust .
1 :9 . "Mortgagee" means the record Owner of the secured
interest under any mortgage, or the beneficiary under a deed of
trust .
1 : 10 . "Owner" means any person or entity which owns one or more
of the Lots numbered 1 through 13, ( including contract sellers, but
excluding any person or entity holding a mere security interest) .
1 : 11 . "Occupant" means any Owner or tenant physically occupying
a Lot .
1 : 12. "Tract Map" means the Map of Tract No. 1438 .
1 : 13. "Personal Property of the Association" means all tangible
and intangible personal property acquired or controlled by the
Association for the benefit of all Owners.
1 : 14. "Project" means all of the Lots and the Landscape Areas,
collectively.
1 : 15 . "Lot" means a subdivided Lot within the Project,
including any future further subdivision of that Lot within the
Project, as more fully described in Article. II .
1 : 16. "Private Easement" means that portion of Lot 13 as shown
on the Tract Map being the private road access and public and
private utility easement serving Lots 1.1 , 12, and 13 , and Parcel B
and other lots that may be developed on Parcel B of Parcel Map SL
85-206 as shown in Book 39 of Parcel Maps at Page 36, (called "the
private easement" ) .
ARTICLE II
DESCRIPTION OF PROJECT, DIVISION OF PROPERTY, AND
CREATION OF PROPERTY RIGHTS
2 : 1.. No Separate Conveyance: Ownership of each Lot cannot be
separated from the rights and obligations contained in this
Declaration, and each Lot and any portion of each Lot shall be
deemed to be conveyed or encumbered together with the rights and
obligations contained within this Declaration even though the
description in the instrument of conveyance or encumbrance may be
incomplete.
2 : 2. Utility Easements: The Project and each Lot shall be
subject to all existing utility easements and utility easement
shown on the Tract Map. In addition, each of the Lots shall be
subject to the following easements:
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1 1 I
(a) If any component of a utility service facility of a
Lot traverses any other Lot, the Owner of each Lot shall have
the right to enter each of the other Lots traversed for the
purpose of maintaining or replacing such facility; and
(b) If any component of a utility service facility
serves more than one Lot, the Owner of each Lot shall have
equal rights to the service provided by such facility,
provided each Owner pays the established charge for that
service.
2 : 3 . Encroachments: Each Lot shall be subject to
encroachments due to engineering errors existing as of the date of
this Declaration, errors in the original planning of the Project,
errors in the construction of any road or utility service facility,
and errors in .reconstruction provided that reconstruction conforms
to original plans, original construction, or the settlement or
shifting of the ground. The Project and each Lot shall be subject
to easements for the maintenance of such encroachments to the same
effect as if those easements were described in this Declaration.
2:4. No Public Rights In The Property: This Declaration does
not create a dedication of any portion of the Project to the
general public or any public entity or public utility or to any
person or entity other than to the Lot Owners as specified in this
Declaration, except for the dedication of Royal Way.
ARTICLE III
THE ASSOCIATION: MEMBERSHIP AND VOTING RIGHTS
3: 1 . Formation: The Association shall be a California --�
nonprofit association. Upon recording of the first sale of a Lot,
the Association shall_ function as described in this Declaration,
and the Articles and Bylaws and Regulations •of the Association.
3 : 2 . Membership: Each Owner ( including Declarant as to any
retained Lots) shall automatically, upon becoming an Owner become a
member of the Association and shall remain a member until the
person or entity ceases to be an Owner. No certificate evidencing
membership in the Association shall be issued.
3:3. Transfer of Membership: The membership of each Owner of
record in the Association is "appurtenant to" the ownership of the.
Lot and shall be automatically transferred upon any transfer of
title to the Lot but shall otherwise be non-transferable.
3 :4. Class of Members and Voting: The Association shall have
one ( 1 ) class of voting members. Each member shall be entitled to
one ( 1) vote. When more than one ( 1 ) person holds an interest in
any one Lot, such persons shall cast the votes attributable to that
Lot as a unit. Unless otherwise specified, action or approval "by
the Association" shall be action or approval upon the simple
majority of the votes of the Owners. Action may be taken upon
written consent, and voting may be conducted by proxy.
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3 :5 . Articles: The Association shall adopt Articles of
Association.
C3 :6. , Bylaws: The Association may adopt Bylaws and
Regulations.
3 : 7. Board of Directors: The Owners shall meet at least
annually at a place within three ( 3) miles of the Project . Each
Owner as a member of the Association shall assume all of the
functions normally attributable to a Board of Directors . There
shall be no separate Board of Directors unless the Association
amends this Declaration to provide for a separate Board of
Directors.
3:8. Financial Officer: The Association shall employ a
Financial Officer to supervise compliance with the Project
Documents and to collect and enforce assessments. Until a
replacement is employed, Kenny Gazin shall be the. Financial
Officer.
ARTICLE IV
THE ASSOCIATION: POWERS AND PURPOSES
4: 1 . Powers Generally: The Association, acting alone, or
through authorized representatives, may exercise all rights
designated in this Declaration, in addition to all rights stated in
the Project Documents.
4: 2 . Primary Purposes: The primary purposes of this
Association are:
(a) To maintain the Landscape Areas as defined in
Article I , paragraph 1 :4 .
(b) To establish an architectural review committee of
three (3) Owners which shall have the final authority to
review, approve, or disapprove architecture, color schemes,
landscaping, fencing, and all other aspects of construction
and development on the individual lots within Tract 1438.
Until a committee is appointed, but not for more than five (5)
years, Kenny Gazin shall be the architectural review
committee.
(c) To maintain the mailbox Kiosk.
4 :3'. Specific Authority and Use of Common Funds: Without
limiting the generality of the purposes and powers of the
Association; the Association, through its representatives, for the
benefit of the Lots and the Owners, must maintain the Landscape
Areas in an acceptable condition. Maintenance shall generally
consist of promoting native vegetation for purposes of erosion
control and fire control , and shall include complying with
requirements of governmental agencies.
In carrying out its purposes and powers, the Association may
retain legal and accounting services for the Association, provided
~' such services and the fees incurred are solely in connection with
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the management, operation, and maintenance of the Landscape Areas,
the performance or enforcement of the provisions of the Project
Documents, litigation arising out of the condemnation of all or any
portion of the Landscape Areas, or such other matters as may be
approved by the vote or the written consent of three fourths
(3/4ths) of the votes of the Owners.
4 :4. Injury or Damage Caused By Owners: Excluded from the
Association's obligations are repairs of damage to the Landscape
Areas by the willful or negligent act or omission of an Owner or
Occupant or their invitees to the extent such loss is not covered
by insurance proceeds paid to the Association. Such damage shall
be the responsibility of the Owner of the Lot involved. If an
Owner fails to repair damage which is its responsibility, the
Association shall notify that Owner in writing that the repairs are
necessary. If the Owner does not undertake the repair within five
(5) business days of the written notice, the Association shall
undertake the repairs and assess the Owner and the Owner's Lot for
the cost of repairs and collect the assessment as provided in
Article VI.
4:5 . Limitation of Liability: Other than under circumstances
involving willful misconduct or gross negligence, neither Declarant
(or any of its representatives) nor the Association (or any
authorized representatives) shall be liable for any failure to
provide any service described in this Declaration, or for the death
or injury of any person or damage or loss of any property.
4:6. Indemnification of Representatives of the Association:
Other than under circumstances involving willful misconduct or
gross negligence, the Association shall defend and indemnify each
member of its Board of Directors and each of its officers and other
representatives against all expenses ( including reasonable
attorney's fees) or damages, and shall hold each of them harmless
from all liability incurred in the performance of their duties.
4:7. Limitations on Contracts: No contract by the Association
with a manager or for materials or services for the Landscape Areas
or the Association, shall be for a period in excess of one ( 1)
year, except:
(a) A management contract approved by the Federal
Housing Administration or the Veterans Administration,
(b) A contract with a public utility company whose rates
are regulated by the Public. Utilities Commission, .
(c) Prepaid casualty or liability insurance policies not
exceeding three (3) years duration as long as the policy
permits short-rate cancellation by the insured, or
(d) Contracts approved by the vote or written consent of
three fourths (3/4th) of the votes of the members of the
Association.
4:8 . Private Easement. The Association shall have no
authority or responsibility for the maintenance of the Private
Easement. Repairs and maintenance of •the Private Easement, shall
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be governed by Civil Code 845 and by a "Agreement Creating
Easement, Common Driveway (Tract 1438) " recorded in conjunction
with the approval of the Map of Tract 1438 until such time that an
agreement' is signed by the owners of Lots 11 , 12 , and 13 and Parcel
B and other lots that may be developed on Parcel B of Parcel Map SL
85-206 as shown in Book 39 of Parcel Maps at Page 36.
ARTICLE V
ACCOUNTING OF FUNDS COLLECTED
5: 1 . Bank Accounts: All sums received by the Association from
assessments shall be promptly deposited in checking or savings
accounts in banks or savings and loan associations located within
San Luis Obispo County, California, and selected by the Financial
Officer of the. Association. The Financial Officer of the
Association shall have exclusive control of the accounts and shall
be responsible to the Owners for maintaining proper records of the
accounts. Provided that proper records of account are maintained,
all funds may be deposited in a single account.
5 : 2 . Books of Account: The proceeds of each assessment shall
be used only for the purpose for which such assessment was made,
and such funds shall be received and held in trust by the
Association for such purpose. If the proceeds of any special
assessment exceed the requirement for which such assessment was
made, the surplus shall be returned proportionately to the
contributors. Separate and detailed books of account shall be
maintained for the Association for all assessments and
disbursements in accordance with normally acceptable accounting
principles. The books of account shall be open for reasonable
inspection by any Owner.
5 : 3 . Reports: The Financial Officer shall provide a report
and Accounting to the Owners in November of each year which shall
include a summary of enforcement and lien actions .
ARTICLE VI
ASSESSMENTS
6: 1 . Assessments Generally: Declarant, for each Lot owned by
it within the Project, and each Owner of each Lot by acceptance of
a deed, agrees to pay to the Association all regular assessments
and special assessments.
6: 2 . Regular Assessments:. Within sixty (60) days prior to the
beginning of each fiscal year established by the Association, the
Association shall estimate the net charges to be paid during the
year, including a reasonable provision for contingencies and
replacements with adjustments made for any expected income and
surplus from prior years. The estimated cash requirement shall be
assessed equally against each Owner of each Lot. The assessment
may be made due and payable annually, quarterly, or monthly.
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6:3 . Special Assessments: If the Association determines that
the amount collected from regular assessments will be inadequate to
defray the Common Expenses for the year .due to the cost of any
construction, unexpected maintenance of the Landscape Areas, or for
any other reason, the Association shall make a special assessment
for the additional amount .needed.. The special assessment shall be
levied and collected in the same manner as the regular assessment .
6: 4 . Notice and Quorum for Action on Assessments: Any action
authorized under this Article which requires a vote of Owners shall
be taken at a meeting called for that purpose, in compliance with
the California Corporations Code. Written notice of the meeting
shall be sent to each Owner not less than thirty (30) nor more than
sixty (60) days in advance of the meeting specifying the place, day
and hour of the meeting and the nature of the business to be
conducted. A quorum shall consist of the Owners of one-half ( 1./2)
of the Lots.
6: 5 . Division of Assessments: Each Lot shall be chargeable
with one-thirteenth ( 1/13th) of the Common Expenses. All regular
assessments shall be charged and divided among the Lots and the
respective. Owner of each Lot equally. All special assessments
shall be charged and divided among the Lot Owners equally unless
the special assessment is for repairs (Section 4 : 4) or an assess-
ment for interest or enforcement (Section 6:7 or Section 6 :9) .
6:6. Date of Commencement of Regular Assessment: The regular
assessments shall commence as to all Lots for the first day of the --
month following the conveyance of the first Lot to an Owner. The
Association shall annually determine the amount of the regular
assessment against each Lot and send written notice to each Owner
at least sixty (60) days in advance of the due dates established by
the Association.
6:7. Effect of Nonpayment of Assessments: Any assessment not
paid on the due date shall bear interest at the maximum rate
allowed from the due date until paid.
6:8. Transfer of Lot by Sale or Foreclosure: Sale or transfer
of any Lot shall not affect the assessment lien. The sale or
transfer of any Lot pursuant to foreclosure of a mortgage shall not ,
affect the lien. Any purchaser shall take "subject to" the
assessment lien.
6:9. Enforcement: The Financial Officer may record a Notice
of Assessment Lien for any assessment not paid within sixty ( 60)
days of its due date. Upon recording a Notice of Assessment Lien,.
the sum of FIVE HUNDRED DOLLARS ($500.00) shall be added to the
assessment to cover the costs and attorney's fees for preparing and
recording the Notice. When a Notice of Assessment has been
recorded, such assessment shall constitute a lien on .the Lot prior
and superior to all other liens except all taxes, bonds, assess-
ments and other levies which, by law, would be superior to the lien
of a first mortgage of record made in good faith and for value. \
-8- J
�'-3Frio
Such lien may be enforced by sale by the Association to be
conducted in accordance with Civil Code Sections 2924-2924h,
applicable to the exercise of powers of sale in mortgages or in any
v other manner permitted by law. The Association shall have the
power to bid for the Lot at a foreclosure sale, and to acquire and
hold, lease, mortgage and convey the Lot.
The voting rights of a member shall be suspended for any
member who is in default of any assessment after notice and hearing
as prescribed in Corporations Code Section 7341 .
ARTICLE VII
OBLIGATIONS OF OWNERS
7: 1 . Persons Subject to Declaration and Bylaws: All present
and future Owners and occupants of each Lot shall comply with all
of the provisions of this Declaration, the Bylaws and Articles and
Regulations of the Association. Acceptance of a deed to any Lot,
entering into a lease or sublease of any Lot, or entering into
occupancy of any Lot shall constitute consent to all of the
provisions of this Declaration, the Bylaws and Articles and
Regulations of the Association.
7 : 2. No Exemption from Liability for any Assessment: Each
Owner disclaims all exemptions provided by law. No Owner shall be
entitled to an exemption from an assessment based upon a claim of
abandonment .
7 :3. Joint Ownership: If a Lot is owned jointly, all
obligations and liabilities of the joint Owners shall be joint and
several .
ARTICLE VIII
BREACH OR DEFAULT
8 : 1 . Remedy at Law Inadequate: Except for the nonpayment of
any assessment, it is agreed that the remedies at law to recover
damages for maintaining a nuisance or for the breach, default or
violation of any of the covenants, conditions, grants of easement,
equitable servitudes, rights-of-way, liens, or rights contained in
this Declaration are inadequate and that the failure of any owner
or occupant of any Lot to comply with any provision of this
Declaration or the Articles and Bylaws and Regulations of the.
Association may be enjoined by appropriate legal proceedings
commenced by Declarant, any Owner, or the Association.
8: 2 . Attorney's Fees: Should any litigation be commenced to
enforce this Declaration or the Articles and Bylaws and Regulations
of the Association, the prevailing party shall be entitled to
reasonable attorney's fees incurred as a cost of suit, in addition
to all other relief granted.
8:3. Cumulative Remedies: Remedies provided by this
Declaration shall be in addition to all remedies provided by law.
-9-
If there is a conflict between the remedy provided by this
Declaration and the remedy provided by law, the Declaration shall
prevail unless the result is against public policy.
8 :4. Waiver: The failure of Declarant, any Owner, or the
Association to enforce any of the covenants, conditions, grants of
easement , equitable servitudes, rights-of-way, liens , or rights
contained in this Declaration or the Articles and Bylaws and
Regulations of the Association shall not constitute a waiver of
that right .
ARTICLE IR
RIGHTS OF MORTGAGEES
9 : 1 . Liens: Liens recorded against any Lot shall be
subordinate to the indebtedness secured by any recorded first
mortgage (meaning a mortgage with first priority over other
mortgages) . To have the standing of a first mortgage, the security
interest must have been created in good faith and for value. A
purchaser on foreclosure sale shall take subject to assessment
liens imposed under this Declaration.
9 : 2 . Amendments: No amendment of this Declaration shall
affect the rights of the holder of any first mortgage recorded
prior to the recordation of such amendment unless the first
mortgagee joins in the execution of the amendment.
9 :3. Partition: No partition of a security interest shall be -
enforceable against a first mortgage unless the partition action
complies with California Civil Code Sections 1354 and 1355.
9 :4 . Insurance: Insurance proceeds for damage to the
Landscape Areas shall be paid to the Association and shall be
disbursed only as repairs are completed.
ARTICLE R
RIGHTS OF CITY OF SAN LUIS OBISPO
10: 1 . Prior City Approval: The owners and the Association
shall not have the power to: Partition, subdivide, convey, lease,
abandon, obstruct or dedicate the Landscape Areas without the prior,
approval of the City of San Luis Obispo, (which approval is highly
unlikely) .
10: 2. City Approval of Specified Amendments Notwithstanding
any other provisions of this Declaration, no amendment, change,
modification, or termination of the conditions, covenants and
restrictions of this Declaration regarding the following provisions
shall be effective for any purpose until approved in writing by the
Community Development Director of the City of San Luis Obispo,
California:
(a) regulation of land use,
(b) dissolution of the Association, and
(c) maintenance of the Landscape Area.
-10-
C'-3 -So
10: 3 . Right of Entry: The City of San Luis Obispo shall have
the reasonable right to enter upon the Landscape Areas for
maintenance and repair of City utility facilities and for
inspection, maintenance, and repair relating to public health,
safety, and welfare.
10:4. Removal of Mailboxes: If community mailboxes (and
Kiosk) installed within or in the vicinity of right of ways should
be abandoned to the extent that less than twenty five percent (25%)
of the residences continue to use such mailboxes on a regular
basis; the City of San Luis Obispo shall have the right to remove
such community mailboxes (and Kiosk) without liability to anyone to
replace them.
ARTICLE XI
GENERAL PROVISIONS
11 : 1 . Term: The covenants, conditions, grants of easement,
equitable servitudes, rights-of-way, liens and rights contained in
this Declaration shall "run with the land" , and shall both benefit
and burden each Lot, and shall benefit and bind the Owners,
Declarant, and the Association, and their successors in interest,
for an initial term of forty (40) years from the date of
recordation of this Declaration. The term shall be automatically
extended for successive periods of ten ( 10) years each unless, six
(6) months prior to expiration of a term, a termination certificate
is recorded. A termination certificate shall require approval of
the City of San Luis Obispo, and all of the votes of the Owners as
certified by their signatures on the certificate of termination.
1.1 : 2. Legal Construction: The provisions of this Declaration
shall be liberally construed to effectuate its purpose of creating
a uniform plan for the development , use and maintenance of the
Project. If there is a conflict between this Declaration and the
Articles, Bylaws or Regulations of the Association, the terms and
provisions of this Declaration shall control. If any provision in
this Declaration shall be held invalid or unenforceable, such
invalidity or unenforceability shall not affect any other
provision. Readings are for convenience only.
11 :.3. Arbitration of Disputes and Impasses: If there is a
dispute concerning the Project, each Owner agrees to arbitrate
disputes with another Owner or with the Association. Any impasses
within the Association or the Board of Directors shall also be
submitted to arbitration. The Arbitration shall be governed by
California Law and shall be pursuant to the Commercial Arbitration
Rules of the American Arbitration Association, with full Discovery
allowed under CCP 2016 et. seq. in addition to the applicability of
CCP 1283.05.
11 :4. Amendment to Declaration: This Declaration may be
amended by all of the votes of the Owners. If the consent of the
Real Estate Commissioner is required by Section 11018 .7 of the
California Business and Professions Code or if the consent of the
-11-
C�-3-S1
City of San Luis Obispo is required, the amendment shall be
effective only upon obtaining the required consent . All amendments
must be in writing, must be recorded in the Office of the County
Recorder " of San Luis Obispo County, California, and must be
delivered to each Owner .
11 : 5 . Notices : All notices may be mailed or personally
delivered as follows
to Declarant :
Kenny Gazin
P.O. Box 4359
San Luis Obispo, CA 93406 San Luis Obispo, CA 93401
or to such address as Declarant
may from time to time designate
in writing to the Association;
to any Owner: to the street address of the
Lot
to the Association: to the street address of the
manager of chief financial
officer
DATED: �! 1989
KE GA
BY:
CAROL GAZIN
STATE OF CALIFORNIA )ss .
COUNTY OF SAN LUIS OBISPOO )
On this A `- day of 1989, before me, a Notary
Public, personally appears KENNY GAZIN and CAROL GAZIN, personally
known to me or proved to me on the basis of satisfactory evidence
to be the persons whose names are subscribed to the within
instrument and acknowledged to me that they executed the same.
WITNESS my hand and official seal .
J _ -
-12-
Recording 2equested By:
When Recorded return to:
City Engineer
City of San Luis Obispo
955 Morro Street
San Luis Obispo, CA 93401
AGREEMENT CREATING EASEMENT FOR 53-111-045
COMMON DRIVEWAY '
This Agreement is entered into between the CITY OF SAN LUIS OBISPO,
a Municipal Corporation (hereafter referred to as "City") and
KRWM-t ¢• ' CAILC� S. &A-m1N (hereinafter referred to
as "Owner' ) with reference to the following. facts:
A. Owner owns the following described real property situated in the
City of San Luis Obispo, County of San Luis Obispo, State of California,
to wit: L CTS s 5 #' U TY-Acrr 143 8
B. Owner desires to construct residences on each of .said lots, .and,
C. City, as a condition of sr.id development, requires the creation
of a commondriveway easement to serve said lots,. for the benefit of each
of them, and for the benefit of Owner.
The parties hereto agree as follows:
1. Uvner hereby medicates an easement for a conunon driveway
over said property and :;s shown on Map of 7-VFACT for the.
use and benefit of all of said lots.
2. Owner and his heirs, and assigns hereby agree to comply with
the following terms and conditions:
(a) The owners of lots . Jr.. 4, -(9their heirs and '
assigns will be jointly responsible to improve, maintain and keep in
repair said driveway..
(b) Prohibit all parking on the common access portions.
(c) Owners agree jointly and individually to reimburse the
City of San Luis Obispo for all costs connected with the removal of
vehicles from the common access portions, and will reimburse the City for,
and hold the City harmless from, all final judgments against the City
for damages or other liability arising from the enforcement of the aforesaid
prohib=tion against parking.
�3-53
(d) Owner understands that the City cannot regulate vehicle
usage or hazards upon said common access driveway and agree jointly and
Individually, to defend and hold the City harmless from all claims for
damages or liability arising from the alleged failure of the City to
regulate vehicles or to provide protection from hazards upon said driveway.
(e) Repair any portion of said driveway that is damaged through
the intentional or negligent acts of said party, or parties, or his or
their licensees and invitees.
1. 'rhe parties agree that this easement is superior and paramount
to the rights of any of the parties in the respective servient estates
so created, and that it is a covenant running with the land.
Dated• LCD
GENERAL ACKNOWLEDGMENT ru-23
........................................................................................................................
State of California On this the of. fJ� Dber - 19 before me, 1
S SS. /
County or mil LLOIY)GU Sha4elr
the undeisi�tary Public,personally appeared
1 t7D�cth. 610,2 I n In 1/�cl ( CLrD �.rj1a-l"
at7 personally known to me
OFFICIAL SEAL ❑ proved to me on the basis of satisfactory evidence
NANCY B SHAFER to be the person(s)whose name(s) subscribed to the
I o
NOTARY cuauc-Cau;orava B
within instrument,and acknowledged that xecuted it.
. SAB LUIS IMSPO CCTIN
• tty r.�m. e>mlres SEP t-saes WITNESS my hand and official seal.
Nota Signat
...........................................................:..............
..:.......................................
'
APPROVED: City of San Luis Obispo
By:
Date:
-3-
Recording Requested by: L /
and when recorded mail to:
City Engineer
P.O. Box 8100
990 Palm Street
San Luis Obispo, CA 93403-8100
AGREEMENT AFFECTING REAL PROPERTY AND PERMIT FOR
TEMPORARY ENCROACHMENT WITHIN THE PUBLIC RIGHT-OF-WAY
FOR AND IN CONSIDERATION of the issuance of this revocable permit to
allow an encroachment temporarily within the public right-of-way, said
encroachment consisting of: Kiosk structure housing mail boxes within
Royal Way right-of-way at Sterling Lane (Private Street)
the undersigned owners of the real property hereinafter described, hereby
covenant with the City of San Luis Obispo to remove said improvements
without cost to said City upon thirty (30) days written notice, which may
be given by the City at any time at its sole option and discretion.
Owners further agree to maintain the structure and C'r vicinity by means of the homeowner's association and/or owners of nearby homes.
If the owner does not remove the encroachment authorized herein when
requested by the City, City may proceed to require removal under the
Municipal Code nuisance provisions and to assess the cost of said removal
against the real property described herein. Owners further acknowledge
that, in the event of such removal by City, City is not liable for any
damages to the encroachment or to any adjacent real or personal property.
Owner .further agrees to hold harmless City from any claims, suits or
losses of any kind which may be alleged to have arisen out of the
installation, maintenance existence, or removal of said encroachment and
to indemnify City for any and all costs or .judgments relating to said
claims, suits or losses, including attorney's fees.
Said property is located in the City of San Luis Obispo, County of San
Luis Obispo, State of California, and is described as follows:
1 . Lots 1 - 13, Tract 1438 as recorded in Book of Maps at Page
2. APN 53-111-45.
3. 2010, 2024, 2025, 2038, 2045, .2055, 2056, 2072, 2085 and 2088 Royal
Way, and 2055, 2015, 2020 Sterling Lane
RECORDING REOUESMO By —
AND VNO/aeCoaom NAn.To
NNW r City of San Luis Obispo
City Clerk
MOON P.O. Box 81000/ /< ,
�
la San Luis Obispo, CA 93403-8100 trlL�f L
J �J
..a I.a mnaaas m
Ad6N..
a.m
aw a
w. L J
$PACE ABOVE TMS LINE FOR RECORDER'S'USE
CAT.NO.NNea678 Easement.W a it Deed /��1 n_l w'
TO 1931 CA(2-631 TNNI PORN PURNI9Na0 aT TICOR /-t
TITLa IN9URERa PN 55-I0-o4ec,
Ile undersigned grantor(s)declaic(s): -- -
Documentary transfer tax is f
< e (X)computed on full value of property conveyed,or
( )computed on fail value less value of lions and encumbrances remaining at time of sale.
( )Unincorporated area: ( )City-of _— ,and
FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged,
OLIVER R. NOYES AND SANDRA W. NOYES
hereby GRANT(S) to
CITY OF SAN LUIS OBISPO, a Chartered Municipal Corporation
the real property in the City of SAN LUIS OBISPO O
County of SAN LUIS OBISPO , State of California, described as:
An easement for road and incidental purposes over the following described
property:
SEE EXHIBIT "A"
By:
SATE OF CALIFORNIA. ) On"n pt,n Iga, before me,
)ss. the unJerssignea otary Public in and
COUNTY OF SAN LUIS OBISPO ) for.said State, personally appeared
LO Ylstun,
Netlaunai.iy Known to me (or prove -to
on the basis of satisfactory evidence)
to be the person whose names
subscribed to the within instrument
and acknowledged that _4-he executed
the same. OFFMAL MAL
WITNESS my hand and official seal.
signature � � BIM WJ!B OBWO COUNTY
Tit)e Order No. crow-or Loan No. ���S
EXHIBIT "A" ('5HEET' I
All that property situate. in the City of San Luis Obispo, County of San
Luis Obispo, State of California, being portions of Lot 59 of the
Subdivisions of the Ranchos Canada de Los Osos and La Laguna, a map of said
Subdivisions being recorded in Book A of Maps at Page 83 in th'e office of
the County Recorder of said County; said portions of said Lot 59 being more
particularly described as follows:
I
Begining at the intersection of the boundaries of Rubio Lane and Royal Way
as shown on a map of Parcel Map SL 76-513, said Map being recorded in Book
C; 26 of Parcel Maps at Page 25 in the office of.said County Recorder, said
point also being the southwest corner of the Offer of Dedication for
streets shown on said Map; Thence along the southerly boundary of said
Parcel Map as shown on said Map, along a curve concave northerly tangent to
a line which bears N 85° 54' 55" E (N 850 52' 17" E calculated from
said Map) , said curve having a radius of 446.00 feet, a central angle of
12° 56' 00" (12° 55' 21" per said Map), and an arc length of 100.68
feet (100.59 per said Map) , to a corner of said Offer of Dedication and
said Parcel Map; Thence, continuing along said southerly line of said Offer
of Dedication of said Parcel Map, S 16° 57. 29" E (S 170 03' 04" E per
said Map), 30.00 feet; Thence leaving said line, along a curve concave
northerly tangent to a line which bears S 73° 02'. 31" W, said curve
having a radius of 476.00 feet, a central angle of 8° 47' 13", and an arc
length of 73.00 feet; Thence, radial with the curve, N 80 13' 39" W, 2.00 r
feet; Thence along a curve concave northerly tangent to a line which bears
S 81° 46' 21" W, said curve having a radius of 474.OU', a central angle
of 70 13' 14" and an arc length of 59.79 feet, Thence S 89° 00' 01" W,
139.57 feet to a tangent curve concave northerly; said curve having
. 7•r +i .u�
radius of 328.00, a central angle of 360 04' 21", and an arc length of
206.50 feet; Thence, along a curve concave southerly tangent to a line
which bears N 540 55' 38" W, said curve having a radius of 372.00 feet, a
central angle of 20 01' 35", ana an arc length of 13.16 feet to a point
on the northeasterly line of that certain real property shown on a Map of
Parcel Map SL 85-206, said Map being recorded in Book 39 of Parcel Map at
Page 36 in the Office of said County Recorder, said Point being S 10 18'
11" E, 26 .31 feet along said Northeasterly line from the northerly terminus
of that certain course recited in said Map as N 10 18' 11" W, 300.00
feet; Thence along said northeasterly line, N 10 18 ' 11 " W, 26.31
feet; course recited in said Map as N 210 24' 49" E, 136.00; N 210 24 '
49" E, 34.43 feet; Thence leaving said Map on a curve that is concave J
southerly tangent to a line which bears S 590 52' 17" E, said curve
having a radius of 428.00 feet, a central angle of 40 56' 39", and an arc
length of 36.93 feet; Thence, along a curve concave northerly tangent to a
line which bears S 540 55' 38" E. said curve having a radius of 272.00, a
central angle of 360 04' 21", and an arc length of 171.25 feet; Thence N
890 00' 01" E, 157.55 feet to a point on the northwesterly line of that
of Parcel Map SL 76-513, said Point being N 130 24' 36" W (N 130 30'
00" W per said Map) , 28.00 feet along said northwesterly line from the
southerly terminus of that certain. course recited in said Map as N 130
30' 00" W, 159.32 feet; Thence along said Line S 130 24' 36" E (N 130
30' 00" W per said Map), 28.00 feet to the point of beginning.
r-.
i
r. .. .•.Nw�lriryy+J
n . n} • .r....\.: r q�"Y N'.�rjy�I�.r/J•j-�.•!�~„Gf� CC`//r/y)sl
,. 4M1.Y .. .w.x {'r Jl�•� ..1r nom_ ^E t � � A� V—
'' F"o.A.
2'
RECORDING REQUESTED V:
First American Title
AND WHEN RECORDED MAIL TO:
City of San Luis Obispo
Planning Department /
c/o First American Title
APn3 53- iii-045
NOTICE
Additional information for TR. No. 1438 filed Book_, page _ of Maps
The following is for information only, describing conditions as of the date
of filing, and is not intended to affect record title interest.
The possibility exists of a delay in obtaining a building
Permit due to City of San Luis Obispo water supply and
water usage.
TATE OF CALIFORNIA Iss.
COUNTY OF SAN LUIS OBISpo
on this 20th. day of July
_ .in the year 19 89
OFFICIAL SEAL _ lu(p[e me, the undersigned. a Notary public in and for said State, personalty,appeared
----------------
LARRIA v\E G JACKSON
WAMR-�
NOYARrt+uttue-rnuPot:Nu KENNETB R. GAZINMN Utt:oetsPo MIRY and CAROLJ. GAZIN_ toy mm�tum AMY 21.1991_ _. - knownPersonally
Of pmved to me on the basis of satisfactory evidence)to be the
I within Instrument as Rpersons who executed the
spectiy,of President revelthe Corporation therein named.
and adknowledged to me that the Corporation executed it pursuant to its by-laws or a resdtu•
Non of its board of directors.
WITNESS my hand.an rJal seal.
uvpJu'�/
�CWwlEOGYFNf_rum.-we.65c.-wnmufwm II2G-Wr 592 -
p9�MOLCOTTS.i.t. _
- - .. Notary Putidgin and for id State.
4KeenneR.
Prepared By:
Gaz' sen L. maddaFena
R.C.E. #12545, Exp. 9/89
aro In
VOL _ Page
W. LEE FORSYTH, R.P.T.
Physical Therapy and Rehabaitation Cater
1303 Pacific Street Telephone: 543-7771
San Luis Obispo, California 93401
11-2.1-89
Attention : City Council MEETING AGENDA
San Luis ObispoDATE 2114 ITEM #
7 : OOp . m.
Be it hereby known that both W. Lee Forsyth
and hi.s wife , Jeanann H. Forsyth, are not in
favor of building multiple dwellings at :
1:32.7 Pacific
It is our understanding that the zoning in
this area is for Professional offices and homes
How do Apartments fit into this category?
We have previous business engagements on this
evening. We were not notified regarding this
meeti.ng ti.l this afternoon . Jeanann Will be
there i.f possible after the bank meeting .
Sincerely
W. Lee & Jegn nn H_ Forsyth
Denotes action by Lead Person
RECEIVED Resoond by:
VCouncil
1989
NOV 2 1 �A0 61Clty Atty.
Cf7Y CLERK f �OSt a
SAN LUIS OBISPO,CA {(�T- T• `
!i�FIC E
C. sr
3 2 s-
KNTF7 wo e ore
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AP /Yeas e/tueS OX 17% QA�"ttie
- ME`TiNG AGENDA
DATE // 9 ITEM # J
i
November 21 , 1989
Dear City Council Members,
It has been brought to my attention that a request has been made to
extend an existing piece of property over the top of the bank of our San
Luis Creek in conjunction with the development of two studio apartments.
My husband and I live across the creek from this proposed development. I
hope that the city council will take serious consideration to this issue and
will support the policies that have been established to protect the
environment of the creek and the stability of the creek bank. The area in
which this request is being made is already densely populated due to R-2
C zoning. The creek is a valuable part of our community and neighborhood, .
I believe it is the city councils responsibility to make sure that policies
and Interim policies not be compromised.
Thank you for your consideration.
Sincerely,
*,Denotes action by Lead Pemon Marl i e Schmidt
Resound l
1�6ounril 1332 Pismo Str..
Ao San Luis Obispo
i
q?ty Atty.
RECEIVED
J
NOV 2 1 1989
J 57p
CITY CLERK
SAN LUIS OBISPO,CA