HomeMy WebLinkAbout03/20/1990, C-6 - FINAL MAP APPROVAL FOR TRACT NO. 1652, A 25-LOT PLANNED UNIT DEVELOPMENT AT 275 NORTH CHORRO STREET �H11111W 11 City Of San IDIS OBISPO 20 MEETINGo
QN March 20 1990
COUNCIL AGEN®A REPORT MEM NU!!
' FROM:
David F. Romero, Public Works Director
Wayne A. Peterson, City Engineer
Prepared by: Gerald W. Kenny, Supervising civil Engineer
SUBJECT:
Final Map approval for Tract No. 1652, a 25-lot Planned Unit
Development at 275 North Chorro Street, (Takken & Harris,
Subdividers)
RECOMMENDATION:
Adopt resolution approving the final map for Tract No. 1652.
DISCUSSION:
The vesting tentative map for this tract was approved on December 6,
1988 per Resolution No. 6549 (1988 Series) (Attachment 5) . The tract
is comprised of 25 individual lots and a common lot. The units are
presently under construction. The onsite public sewer and water mains,
a public fire hydrant, public utilities and many onsite private
improvements have already been installed or are in the process of being
installed.
A private offsite drainage easement has been submitted to accommodate
the site drainage improvements which convey the stormwaters to Ferrini
Road. This easement does not require City acceptance and will be
recorded along with the final map (Attachment 7) .
A subdivision agreement (Attachment 4) has been executed by the
subdivider and Certificates of Deposit ($9,100 for Faithful Performance
and $4,550 for Labor & Materials) (Attachment 6) have been submitted to
guarantee completion of minor work asssociated with the public
improvements. The other "private" improvements are conditions of
occupancy of the units.
The final map has been checked and found to be satisfactory and in
substantial conformance with the approved tentative map. All
conditions of Resolution No. 6549 (1988 Series) have been met, are
bonded and/or are conditions of occupancy under building permits. All
fees have been deposited as noted on the Fee and Bond List
(Attachment 8) .
SIGNIFICANT IMPACTS: None
CONSEQUENCES OF NOT TARING THE RECOMMENDED ACTION:
Delay in recording the final map and lots (units) could not be sold.
Ai
city of san suis oBispo
COUNCIL AGENOA REPORT
Final Map for Tract No. 1652
Meeting of March 20, 1990
Page Two.
CONCURRENCES:
The Community Development Director and City Attorney concur with the
recommended action.
FISCAL IMPACT:
When the public improvements are accepted in the near future, normal
maintenance of the sewer and water mains will be assumed.
ALTERNATIVES:
Option 1: Adopt resolution approving the final map for Tract
No. 1652 and authorizing the Mayor to execute the
subdivision agreement.
Option 2: Deny approval of the final map if the Council finds
that any conditions have not been satisfactorily met.
RECOMMENDATION: i
Adopt resolution approving the final map for Tract No. 1652 and
authorizing the Mayor to execute the subdivision agreement..
Attachments:
1 - Draft resolution
2 - Maps (2)
3 - Checklist'
4 - Subdivision Agreement
5 - Resolution No. 6549 (1988 Series)
6 - Certificates of Deposit with Assignments
(Originals in Finance Dept. )
7 - Offsite private drainage easement (copy)
8 - Fee & Bond List
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RESOLUTION NO. (1990 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT NO. 1652 LOCATED AT
275 NO.CHORRO STREET (TAKKEN AND HARRIS, SUBDIVIDERS)
WHEREAS, the City Council made certain findings concerning
Tract No. 1652 as contained in Resolution No. 6549 (1988 Series) ,
and
WHEREAS, all conditions required per said resolution. have been
met or have been bonded for under a subdivision agreement and/or
are conditions of current building permits, and
WHEREAS, the final map is in substantial conformance with the
approved tentative map.
NOW THEREFORE BE IT RESOLVED that the final map is hereby
approved and the Mayor is authorized to execute the subdivision
agreement.
On motion of , seconded by
and on the following roll call. vote:
AYES:
NOES:
ABSENT:
the foregoing resolution was passed and adopted this day
of , 1990.
MAYOR
ATTEST:
_ CITY CLERK
Resolution No. (1990 Series)
Page two
APPROVED:
tcityministrative Officer
C' t r e
Community Devel-p "ent Director
City E ineer
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city Of san LUIS OBisp0
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FINAL MAP APPROVAL CHECKLIST
PROJECT NAME Alta Vista Woods — 275 N. Chorro St.
DESCRIPTION 25—lot "Postage Stamp" Condominium
MAP NUMBER Tr 1652 SPECIFIC PLAN REZONING GEN.PLAN
USE PERMIT VARIANCE ARC OTHER
PUBLIC IMPROVEMENT CONDITIONS
N DESCRIPTION INITIAL DTE COMMENTS
1 GRADING Including planting Rl retaining walls Private—to be completed w building pe it
2 STORM DRAINS A DRAINAGE STRUCTURES �i �r Mostly r'
3 SEWERS RISERVICES H.B. 16/9 Mains in, bond posted for completio
4 WATERLINES&SERVICES H.B. 1 9 Mains in, bond poste or comp et o
S FIRE HYDRANTS .....
�� Hydrant in bond posted for com let on
8 CONCRETE
Curbs and Gutters H.B. 2/16/90 Bond posted for completion of Publit: Work!
Sidewalks
Driveways rr n n n n rr
7 STREETS d PAVING
Pavement Private-to be done w/buildin ermi
Signing,striping and Curb painting lc a " " " "
8 NON-CITY UTILITIES
P.G.BE. —Electrical H.B. 2/16/90 Plans signed-to be. com leted w bld . prmt.
Street Lights of n to it if To
Cable TV " to n to it "
Telephone Co. n n rr n n n
Gas Company
9 FEES RECEIVED(later,Sewer) H B 16 9 Water acreage fee aid
10 PUBLIC IMPROVEMENTS payments received"
11 AGREEMENT CONDMONShave been_met .B. /16 9 Agreement signed, fees aid bond o ted
12 MONUMENWON H.B. /16/9 Monumentation bond posted
13 STREET TREES H.B. 1 9 To be completed w building permit
14 OFFSITE WORK H.B. n n n n n
13 BONDIGUARANTEE deposited H.B. /16/9
16 PARK dedication or fro-lieu fees H.B. /16/9 Park—in—lieu fees paid
17 C C
OTHER CONDITIONS
18 Board of Adjustments
19 Planning Commission
20 Architectural Review Commission y , y w
731 City Council q ► a
22 Abandonments
23 Other
ATTACH LIST OF CONDITIONS d SUBDIVISION AGRREMENT COMMUNITY DEVELOPMENT APPO 17
52-81 PUBLIC SERVICES APPROVAL n� ,
STANDARD SUBDIVISION AMEEKENT
THIS AaREEMElT is dated this day of by and
between Robert Takken . Linda Takken Vance Harris and Krystal Harris ,
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 1652,
City of San Luis Obispo, California, as approved by the City Council, on
the day of 19
The Subdivider desires that said Tract 1652 be accepted and approved
as a final map pursuant to the Subdivision Regulations of the City of San
Luis Obispo (Title 17 of the San Luis Obispo Municipal Code), and
It is a condition of said regulations that the Subdivider agree to
Install the improvements as set forth on the plane therefore.
TERMS AND CONDITIONS:
In consideration of the foregoing, the Subdivider does hereby agree
to construct and install the following subdivision improvements in
accordance with said subdivision regulations, and in accordance with
approved plane and specifications on file - in the office of the City
Engineer, City of San Luis Obispo, to wit:
1
—L-�
7 . CURBS, GUTTERS AND SIDEWALKS
2. STREET RASE AND SMACIN13
3. WATER MAINS and SETTER MAINS, including sewer laterals to the
property line and water services to the curb stop.
4. DRAINAGE STRUCTURES
5. ORNAMENTAL METAL ELECTROLIERS
6. ELECTRIC. GAS, TELEPHONE AND CABLE TELEVISION: In addition to the.
inspection and approval of such facilities by the City, each
public utility shall be required to file a letter stating that the
developer has properly installed all facilities to be provided by
him, and that the said utility is prepared to provide service to
residents upon request.
7. ANY g ALL OTHER I14PROVEMMS 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
Security filed pursuant to this agreement. In this connection, the surety
waives the provisions of Section 281.9 of the Civil Code of the State of
California.
No building permits will be issued nor occupancy granted after the
expiration date of the agreement until completion and acceptance of all public
improvements unless specifically approved by the City. .
The Subdivider does also agree to comply with the following conditions
established by the Planning Commission and/or the City Council and has posted
the necessary fees::
1 . The Subdivider has deposited a Certificate of Deposit (guarantee) of
$900.00 to guarantee the cost of survey monuments in accordance with the
approved map. Said deposit will be released upon receipt by the City of a
letter from the engineer/surveyor indicating the work is complete and
payment has been received.
2. The Subdivider has paid water acreage fees of $1.,094.80 ($1955 E 1_2 Acres
% 14/25).
3. The Subdivider has paid a park-in-lieu fee of $24,525.00 (paid 1/26/90).
4. The Subdivider shall complete all on-site improvements to be maintained by
the Homeowner's Association as (private) subdivision improvements.
The restoration of lost section corners and retracement of section
`fD + .
lines within the Subdivision shall be in accordance with Division 4.
Chapter 15 of the Land Surveyors Act of the Professions and Vocations CA`_de
of the State of California. paragraph 8711 et seq.
The Subdivider attaches hereto. as an integral part hereof, and as
security for the performance of this agreement, an instrument of credit or
bond approved by and in favor of the City of San Luis Obispo, and
conditional upon the faithful performance of this agreement. Said
3
/,.-/8
instrument of credit or bond is in the amount of 59,100.00, which is the
amount of the estimated cost of Bald uncompleted public improvements.
Subdivider agrees to remedy any defects in the improvements arising from
faulty workmanship or materials or defective construction of said
improvements occurring within twelve (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 the improvement security,
subject to posting a warranty bonde based upon ten (10) percent of the
total public improvement cost of $102.000.00 (Performance bond amount of
$9,100.00 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 subdivision improvements
in. accordance with State law.
Said Subdivider has deposited with the City the sum of $750.00 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 unezpended monies will be returned to the
Subdivider. In the event the inspection fees exceed the sum of $750.00,
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
/'.G -Ag
It is meed that the Subdivider will furnish copies of the successful
bidder's contract unit prices ' and total bid prices for all of the
U
improvements herein referred to.
IB WITNESS WHEREOF, this agreement has been executed by:
CITY OF SAB LUIS OBISPO
MAYOR
Takken
ATTEST:
Paso Harris
CITY CLERK
Harr a
Approved as to form:
(/1zQtJl_
Ar77
City HArineer
Agr-
bv
6
L'-6-1.3
RESOLUTION NO. 6549 (1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
GRANTING APPROVAL OF TENTATIVE TRACT NO: 1652
LOCATED AT 275 N. CHORRO STREET
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 vesting
tentative map of Tract 1652 and the Planning Commission's recommendations, staff
recommendations and reports thereon, makes the following findings:
1. The design of the tentative map and proposed improvements are consistent with the
general plan.
2. The site is physically suited for the type and density of development allowed in an
R-4 zone.
3. The design of the subdivision 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.'
4. The design of the subdivision or the type of improvement will not conflict with
easement for access through (or use of property within) the proposed subdivision.
5. The proposed subdivision will not have a significant effect on the environment and
has been granted a negative declaration.
6. The project would have an adverse impact on public health, safety, and welfare
because of concerns with the amount of parking spaces provided, the adequacy of open
space and the preservation of trees, and there is no feasible way to mitigate or
avoid this adverse impact on public health, safety, or welfare except by reducing the
number of dwellings to 25.
SECTION 2. Conditions That the approval of the vesting tentative map for Tract
1652 be subject to the following conditions:
1. Tract corners shall be set by a registered civil engineer or land surveyor.
2. A registered civil engineer or land surveyor shall certify that the structures are
located correctly prior to release of structures for occupancy.
3. All lots shall be served by individual sewer; water and utilities. All new and
existing utilities within the tract shall be placed underground in easements to the
approval of the appropriate utility company and the City Engineer.
4. Final map shall show a 6-foot public utilities easement and 10-foot wide street tree
easement along the project's public street frontage.
Resolution No. 6549 (1988 Series)
Tract 1652
Page 2
5. Final map shall note entire common lot area as a blanket utility easement acceptable
to the utility companies and City Engineer.
6. All on-site driveways, nonstructural parking improvements, and utilities shall be
installed as subdivision improvements.
7. Sewer and water mains shall be public.and to city standards. .Easements over the
mains and access to mains shall be to the approval of the City Engineer.
S. Subdivider shall install Individual water services for each dwelling unit. Meters
shall be clustered in the public sidewalk to the approval of the Public Works
Department.
9. Subdivider shall install-new sewer mains within the site to connect and discharge
into the existing manhole in North Chorro Street to the satisfaction of the Utilities
Department
10. Subdivider shall submit finish floor elevations with final development plans to
determine whether sewer backwater valves will be necessary.
11. On-site drainage system shall be designed to the approval of the City Engineer and
Chief Building Official. If piped to Ferrini Street, by the proposed storm drain
easement, a safe overflow must be constructed to the approval of the City Engineer.
12. All grading shall comply with the recommendations contained in the soils report
prepared for the property.
13. Subdivider shall pay water and sewer charges and park in-lien fees as calculated by
the City Engineer prior to final map approval.
14. Subdivider shall install one street tree per 35 feet of property frontage to city
standards to the approval of the Public Works Department.
15. Subdivider shall install an on-site hydrant to the approval of the City Fire
Department The required hydrant shall be connected to an existing 18-inch water
main in North Chorro Street
16. Subdivider shall provide and the homeowners' association shall maintain appropriate
'no parking" signs and red-curbing along interior roadways as required by the City
Fire Department.
17. Subdivider shall install automatic fire sprinkler systems in all buildings.
18. Subdivider shall prepare conditions, covenants, and restrictions (CC&R's) to be
approved by the City Attorney and Community Development Director prior to final map
approval. CC&R's shall contain the following provisions:
Resolution No. 6549 (1988 Series)
Tract 1652
Page 3
a. Creation of a homeowners' association to enforce the CC&R's and provide for
professional, perpetual maintenance of all common area including private
driveways, drainage, parking lot area, walls and fences, lighting, and
landscaping in a first class condition.
b. Grant to the city the right to maintain common area if the homeowners'
association fails to perform, and to assess the homeowners' association for
expenses incurred, and the right of the city to inspect the site at mutually
agreed times to assure conditions of CC&R's and final map are being met.
a. No parking except in approved, designated spacas.
d: Orent to. the city the right to tow away vehicles on a complaint basis which are
parked in unauthorized places.
e. Prohibition of storage or other uses which would conflict with the use of
garages for parking purposes.
f. No outdoor storage of boats, campers, motorhomes, or trailers nor long-.term
storage of inoperable vehicles.
S. No outdoor storage by individual units except in designated storage areas.
h. No change in city-required provisions of the CC&R's without prior City Council
approval.
I. Homeowners' association shall file with the City Clerk the names and addresses
of all officers of the homeowners' association within 15.days of any change in
officers of the association.
19. All units shall be numbered in accordance with an addressing plan approved by the
Community Development Department.
20. Subdivider shall install a unit identification plan with directory at each of the
project entrances to the approval of the Community Development Department staff..
21. Subdivider shall submit plans showing proposed collector locations for solar water
heating and a detail on collector types to the approval of the Architectural Review
Commission.
1
22. All garages shall be equipped with automatic garage door openers and occupants shall
be provided two remote-control units.
23. Subdivider must erect protective fencing around all trees to be retained to the
satisfaction of the City Arborist.
24. Subdivider must post a tree preservation bond in an amount determined by the City
Arborist.
Resolution No. 6549(1; aeries)
Tract 1652
Page 4
25. Subdivider shall provide required motorcycle and bicycle spaces to the approval of
the Architectural Review Commission.
26. Subdivider shall repair existing curb, gutter, and sidewalk to the satisfaction of
the City Engineer. All modifications to the existing frontage will require a curb,
gutter, and sidewalk permit from the Public Works Department.
27. The number of project lots shall be reduced from 26 to 25.
Od didfids of Couticilma Settle _ saeanded by Councilwoman Rappa_
and on the following roll call vote:
AYES: Councilmembers Settle, Rappa, Pinard, Reiss and Mayor Dunin
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 6th day of December
1988.
Mayor Ron Dunin
ATTEST:
City Clerk Pam ges
APPROVED:
��— N t✓
City Administrative Officer
Officer
: city AAorneyl,
Community Development Director
OF ASS; F BIPT OF 1�ICE
ENT, RECEIPT FOR Ci_ .FICATE oi1{ARE
ASSIGNMENT
SEC=TY FOR: Takken/Harris Deve opment hereinafter-
c
called ASSIGNOR whose principal place of business is 1�� Street
a.. TuiR ObisDo', CA 93401 (St!g)
(City) do (does) hereby assign, and
set over to the City of San Luis Obispo, all right, title, and interest of
whatever nature, of assignor, in and to the insured account of assignor in
the oevidenced by a
o F nanClal Institut on)
in the amount of $ 9-100-00.
291-81 1fi*r2 , is delivered to the City of San Luisispo
herewith. Assignor agrees It this assignment carries with it the right in the
insurance of the account by the Federal Insurance
Corporation, and includes and gives the rig t to a ty o San Luis Obispo to
redeem, collect and withdraw the full amount of such account at any time WITHOUT
NOTICE TO ASSIGNOR. This assignment is given as security for liability for
. . . . . . . . . .
ittzhpd ementa as re wired by Tract 1652.
ine ng interest and penalties, and to insure compliance with applicable
part or parts of the San Luis Obispo Municipal Code.
Assignor hereby notifies the above-named f ancial institution of this
assignmen
DATED:
(S> tun Bob Takken (Signature) Vance Hazr a
RECEIPT FOR NOTICE OF ASSIGNMENT
Receipt is hereby acknowiedged to the City of San Luis Obispo of written
notice of the assignment to said City of the account and Time Certificate oۥDeposit
identified above. We have noted in our records the City's interest in said
account as shown by the above assignment and have retained a ropy of this sheet.
We certify that this account is fully insured by the Federal W2 HEY
Insurance Corporation and that we have received no notice of any 1 fin
encumbrance, hold, claim, or obligation of the above-identified account prior to
the assignment to the City of San Luis Obispo. We agree to make payment to the
City of San Luis Obispo upon request in accordance with the laws applicable to
this financial institution.
DATED:
First Bank of San Luis Obispo 995 Higuera Street, San Luis Obispo, CA 93401
(Name of F naneial Institution) (Street (City)
By
70' Off cer)
RECEIPT FORS
Thomas rman, Loan Officer-
,erFs�
AND DIRE=ION TO pAY EARNINGS
Receipt is acknowledged of the above assignment and -the G6 f�c.F,+a
in the abo
i�teki named n i above iaasssignment isheeby siauutthnorized and directed to pay
any earnings on the above identified account to the above-named assignor.
DATED:
APPRO AS TO SUFFICIENCY CITY OF SAN LUIS OBISPO
By By
APPROVED AS TO FORM: city F'-^•wka-! 'D
C ty Attorney
NOT SUBJECT TO CHECK
291-B10132
February 16, s 90
Y
rMlscmtnnasnuT Takken HaTLi Devel t tltl MAYNA4
q OVIOSITED IN TMa aAN i aA nm I qs s 9.100.00
u
c PMNC1MeAYAeLETO City Of San yuie Obie96+ oso�_�
UPON MATURITY AND M®BNTATIONFAND4URRBI;08Ifdf.TNII{!RT/IGTC,MGIRIY [NOORB®..AT THE OAICE Or IML THIS OWSIT
q I - ,7.50..:'.ii -,... OM ANNWA v LE►T.UPON D6P08R UNTIE M.TURT•.INTEREBT PArASLB TO o8R&TOR.
0 8W181MFt8_BTAr TNSMT80P ".9i
.tL_:.. -' aiRRtt7w Nonc[io DPo9TOR.iM9 rjweJECY.mrNE eaoNr TociNrmsticu
- =; I:=05-11-90 ;
(90 dg4+10"-.
THE MATURITT OF;TNIS CERTIFICATE.18.-" M GATE AND IT WILL e!AUTOMATICALLY RENEWED FOR SIMILAR
PERIODS UNLESS WRMIN•U01TEINDAYlAFIEI--11/.1 .- DATE THE OWNEL7
R.PREln81T FOR REDEMPTION. IT AY IOT e! wRMORAwn E�
FgIOR TO MATURRY UNLESS 8U98TANTIt
['
IAL'INTEREST IS FORFEITED. ,
11 1
Ae3eM-h6W Tr, RECEIPT Op ',iCW1I�C�E��
OF ASS' I Nr, RW FIT X CERTIFICATE Op SFlABE -
J
ASSIG MERr
SECURITY FOB: Takken/ Harris-W742tMnt . .
called ASSIGNOR whose pprancapal place o business i8 hereinafter
San Luis Obispo, CA 93401. N31'4 •Broad-Street
(Street)
(ciover to the CityofSan Luis Obi do (does) hereby assign, and
spo, all right, title, and interest of
whatever nature, of assignor, in and to the insured account of assignor in
the First Bank of San Lain Obispo evidenced by a
(Name of Financial Institution)
Time Certificate of Deposit in the amount of $' 4,550.00. .
numbered . .. . . . . . , which as delivered to the City Iu s as
herewith. Assignor agrees UXE this assignment carries with it the right in the
insurance of the account by the Federal De PC it Insurance
Corporation, and includes and gives the right tD the UEF-OT-San Luis Obispo to
redeem, collect and withdraw the full amount of such account at any time WITHOUT
NOTICE TO ASSIGNOR. This assignment is given as security for liability for
ovements as required by Tract 1652
i3audrng nber0 and pens t es, to insure compliance with app arable
part or parts of the San Luis Obispo Municipal Code,
Assignor, notifies the above-named inanial institution of this
assignmen
DATEfl:
(S fuse) (S gnature)
Bob Takken Vance Barris
BECEIET'FOR NOTICE-OF•ASSIGNMENT
Receipt is hereby acRGZedW to Me City of San Luis Obispo of written
notice of the assignment to said City of the account and Time Certificate of.Deposit
identified above. We have noted in our records the City's interest n sa
account as shown by the above assignment and have retained a of this sheet.
We certify that this account is fully insured by the Federal copy of
.
Insurance Corporation and that we have received no notice of any en,
encumbrance, hold, claim, or obligation of the above-identified account prior to
the assignment to the City of San Luis Obispo. We agree to make payment to the
!'--v of San Luis Obispo upon request in accordance with the laws applicable to
financial institution.
DATED:
Firsr 'Bank of San Luis obispo 995 Higuera Street, San Luis Obispo, CA 93401
(tvame of Finan Inst t on) (street) C t )
BY . . .. . . . .
Officer)
Thomas Erman, Loan Officer
RECEIPT FGR GL�Pyric eF OPyncir
AND DIRECTION T'0 PAY I91RNi
Receipt is acknowledged of the above assignment and the Ctien �cE of
—_L>FiP05/T' identified in the above assignment. The nam P a
Lnstitution nIiWln�t a above assignment is hereby authorized and directed to pay
my earnings on the above identified account to the above-named assignor.
XTED:
1PPRDV S SUPFICIFSN CITY OF SAN WIS OBISP0
Z//��4o BY . . . . . .. .
citP AS TO Fort4z _ �rw.l c c
City Attorney I
NOT swimTD.
.-I-!;=11=i1-1_-11=II-iI.=U=11=11=11-1x-11-1�I 1.-L-II-,.=g= -�1=• - _:F
-
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ip-
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nns comnsnuAT'. �uvVNns
a I, 09.1, 4,550,tin
Ill
LIMTWJN TNIf&wK ! �' •0 F1 11 II !Elf 111 b. ,
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o ►al - � Ci..tIY:-�oR-I=S.f-A
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oaeu
_I UPON YAT_J(m2 _�tIO-i11 QtT� 1l� '_ I'(� TI 'TI
1 --
IG1Ai E"GS , RECEIPT OF Nr"ICE
OF ASSI We RA.-__dT FOR CERTIFICATE 01 TARE -
SECUWTY FOR: Takken/Rarris�mat . . hereinafter
called ASSIGNOR whose pz nc pal place o Loess is 1314 •Broa Street
Sian Luis Obispo CA 93401 (Street)
(City)
set over to the City of San Luis Obispo, all do (does) hereby assign, and right, title, and interest of
whatever nature, of assignor, in and to the insured account of assignor in
the First BAnk of Sala Luis Obispo evidenced by a
(Nam o. �+��� Ina1 "tutlon) ..
fY'cate of -Deposit am
in the mount of S 900.00
numbered Cel
2B1-B , 1 is delivered to the City of Sao [u s Ob spo .
herewith. AssiTnOZ of the �nt� t this assignment carries with it the right in the
aocou
by the Federal Depository. . . . . Insu
Corporation, and includes and gives the rance
r g t to a ty o San Luis Obispo to
redeem, collect and withdraw the full amount of such axount at any time WITH Up
NDTICE TO ASSIGNOR. This assignment is given as security for liability for
. . . . . . . . . .
d I rovements as required by Tract 1652
including aterest and penalties, and - nsure cclopl once w3
Part or parts of the San Luis Obispo Municipal Code, th the apPl cable
Assi notifies the above-named
assignor financial institution of this
DATID
(S t Bob Takken (S tore) Qaace Rarria
RECEIPT-FOR NOTICE OF-ASSIGNmw
Receipt is hereby aclmow 11]iil City o San Luis Obispo of written
notice of the assignment to SaidCity of the account and
identified above, we have noted in our records the City's inter t Lin saficate off--sit
account as shown by the above assignment and have retained a
copy of We certify that this account is fully insured by the Federal o itorvis �t•
Insurance Corporation and that we have received no notice of any 81t
�hcumbranoe, hold, claim, or obligation of the above-identified account prior to
the assignment to the City of San Luis Obi We agree to make payment to the
.ity of San Luis Obispo upon r �' -
his financial institution, squash in accordance with the laws applicable to
)ATM:
a obis o 995 Riguera Street, San Luis, Obispo, CA 93401
;Name o F nanclal Inst1 on) (Street)
(C ty)
By i
� �rtm��aa an f t oOfficer
/Thomas . Loan Officer
RECErPT FOR GC<.�vrficsir of• p�f� '
AND DIRECTION To PAY EARNINGS
Receipt is acknowledged of the above assignment and the c
OF- identified in the above assi T_,to�ficarr • - .
Lstitution nam in t above ACCT ygtaeat. hlne financial
assignment is hereby authorized and directed to pay
1y earnings on the above identified account to the above-named assignor.
tTED:
'PR9 AS TO SUFFICIENCY CITY OF SAN LUIS? OHISPO '
13y . . . . .
PROVED AS TO 64: 1�r L
C ty Attorney I
NOT•9YOJ[_ICC�OCKq=1j�1-11=11.1.-1.11=11=11-i1:_II�L�j___ .:..:'_i•'°.jj'�1=i�=l(:'P._.,-: •=-il�:
II I,=11.. -.:-1.=I u. II ;=1 11 1=1 ! - I _I• u u � _
il- : ?II-11-11 II ILII a li I! II II 1=!I 1 II T-
Febru
ryf116i 90
THIS CKIMFIES THAT TAW'-!` Mq I� A14.p C 11 .II, II .li- II II II-II II IL =11-1 '
.uvVNK
DO-OWTm IN rN13 I .I Ilc (Ifl✓,T 1.
a �K 11-- I-.: oOLWeSi 900.00
'�I=11`11-11=11-1 ILII II ! ' qI
„c �� Citv of fir. Dbianoil-l-L1.. 1, II: y OR
p PRI v ►,RM I -tIint.=ff ,-4 1T,Rf.T! Tr R,?[-,4 G
UPON ►UA?YMTY A1O.• ♦� _
=I' v_"_ +*it Il -1= - I ?i*'P1 .oewca t moue THIS oo+oyr
cu""INrbeorATTNsaA1iw - �"�" ' I -4� " n n_4_ -R-
"'l -'�JtIO,M OaUo"1rYMIL6VATxarl:!NTg1Rr.NTNLi TO DOO"RO".
Su91�(.T .TO x11"�ANK'�U9aNT.TgCNU1NOt LINTpgr RATI�urON WU11}TgU'NOT'C1.. IPn'oYiotl_ I' I" '1"'.II X11
•1_ i_q�_:'I' 'I-"11='ll'='�,Q�.1 �: Q.-, Ol:d il �1=b-`-!_II=11._.. '11' '1 ' Ilc_II:.
,at TN! M♦T.V"41Y Ot-I1� ItoAR
dvwwm4-iMM1!1Aa-�F31Li1.M_�n"'=1=lIaqn!==1t1-_1I1r'__�.�Pu-=ITnua_-rI�Ir.r_�qI•_=IIa u'=-1"�==lQ1vif�=_lfO1R=-j=FSILLI==-R•=1��f1=�-1�.It-.-1i===1__'=II=MiW1=I.Q11-iW14�'9p♦AETq�uAGLLY_.sWµWWIFON SOL"
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wlaMnririuU.r'000�Irrl{"o"a rmmUM a.lr_1=_-f1-,11-„11=11-::11.--11.=L--;I:q.': P-' ' _ L..
Recording Requested By:
When Recorded' Mail To:
Vance N. Harris
Iron Eagle Development
1314 Broad Street
San Luis Obispo, CA 93401
.EPN 3'2-Oyu/-B6
GRANT OF EASEMENT
AND EASEMENT AGREEMENT
Preamble
This agreement made this day of February 1990, by and
between Robert R. Dodd, Marion E. Dodd and Dodd Enterprises, a
corporation, hereinafter referred to as "Grantor" , and Vance N.
Harris, Krystal M. Harris, Robert W. Takken, and Linda H. Takken,,
hereinafter referred to as "Grantee" .
t
Recitals
WHEREAS, Grantor is the owner of certain real property
described in Exhibit "A",, attached hereto and incorporated herein_
by reference, hereinafter referred to as "Servient Tenement" .
WHEREAS, Grantee is the owner of certain real property
described in Exhibit "B" ,attached hereto and incorporated herein.
by reference, hereinafter referred to as "Dominant Tenement" .
Grant of Easement
For valuable consideration, Grantor hereby grants to Grantee I'
an easement as for drainage and incidental purposes, including but..
not limited to maintenance, repair and replacement, over and across
the property described in. Exhibit "C" attached hereto and
incorporated by reference.
Character of Easement
The easement .herein is appurtenant to the. Dominant Tenement
and is for the exclusive use of the property owned by the Grantee
herein.
C
1 I
Prior Agreement
This easement is granted and accepted upon the terms and
conditions as set forth in that certain agreement dated July 5 ,
1990 executed by Robert R. Dodd, Vance N. Harris, Krystal M.
Harris, Robert W. Takken, and Linda H. Takken, a copy of which is
attached hereto as Exhibit "D and incorporated herein by
reference.
Entire Agreement
This instrument contains the entire agreement between the
parties relating to the rights herein granted and the obligations
herein assumed. Any oral representations or modifications
concerning this instrument shall be of no force and effect
excepting a subsequent modification in writing, signed by the party
to be charged.
Attorney' s Fees
In the event of a claim or controversy or dispute relating to
this instrument or the breach thereof, the prevailing party shall
'be entitled to recover from the losing party reasonable expenses,
attorney' s fees and costs.
r-.
DOM S, a orporation
,p 0 ` ►'CS Iq
�R4ot. R. Dodd
G4e -
/h r o Ile— Is
Marion. o"
�_ L
Vp c is R ,fit W. Tak en
Kry tal M. Harris -Linda H. Takken
i
2
/7 / _ h2
TRACT 1652
LIST OF FEES AND BONDS
AMOUNT PAID FUND NUMBER
DATE
A.FEES:
1. Prior to Early Grading:
a. Plan check deposit $ 750.00 4/20/89 688-9210-220-130
(previous deposit)
b. Inspection deposit $ 750.00 7/05/89 688-9210-220-130
(public improvements)
2. Prior to final mao:
a. Water acreage fee $1,094.80 2/16/90 050-0017-071-020
(1.2 ACX 14/25 X $1955/Ac)
b. Park-in-lieu fee $24,525.00 1/26/90 011-0010-013-020
d. i.a, and l.b above
- . B. BONDS -Public improvements:
Water, sewer, & Chorro & Ferrini R.O.W
1. Faithful performance $9, 100. 00 2/16/90 (Assigned C..D. )
2. Labor & materials $4,550.00 2/16/90 "
3 . Survey Monumentation $900.00 2/16/90 "
At time of final acceptance of public improvements:
4. Warranty "BOND" $10,200. 00 CN� GL.G���C )
(10$ of total Public Improvements) I
HBFEES-(1652)
hb
printed 02/21/90