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HomeMy WebLinkAbout05/05/1992, C-13 - FINAL MAP APPROVAL FOR TRACT NO. 2066, AN 85-UNIT RESIDENTIAL PLANNED UNIT DEVELOPMENT (CONDOMINIUM) AND 2 COMMERCIAL LOTS AT 843 MUTSUHITO AVENUE (VILLA ROSA CO., SUBDIVIDER) IIINIII I�IIII��P��II City f MEETING GATE: C os� �. .�S �B�Sp� May 5 1992 COUNCIL AGENDA REPORT ITEM NUMBER �� FROM: r Wayne A. Peterson, City Engineer Prepared by: Gerald W. Kenny, Supervising Civil Engineer SUBJECT: Final Map Approval for Tract No. 2066, an 85-Unit Residential Planned Unit Development (Condominium) and 2 Commercial Lots at 843 Mutsuhito Avenue (Villa Rosa Co. , Subdivider) RECOMMENDATION: Adopt resolution approving the final map for Tract No. 2066. BACKGROUND: This "vesting" subdivision consists of 85 residential planned unit lots and 2 'commercial lots for future development. The subdivider has complied with the conditions of the tentative map as contained in Resolution No. 7031 (1991 Series) except for Conditions 20, 21 and 2.5, which are conditions of the building permits. The final map has been checked and found to be in substantial conformance with the tentative map. All fees have been received as noted on the Fee and Bond List attached to the subdivision agreement. Certain traffic impact fees (Letter of Credit) may need to be released after 5 years if the respective projects are not implemented or formalized, in accordance with provisions of AB 1600. Plans have been approved and Letters of Credit have been submitted to guarantee installation of the subdivision improvements and payment for labor and materials, as specified in the referenced Fee and Bond List. An offsite public drainage easement has been submitted for maintenance of a storm drain. It will be recorded along with the final map. CC & R's have been approved which include provisions for maintaining onsite and offsite (Mutsuhito median and parkways) landscaping, nonstandard paving (associated with onsite public water and storm drains) , common utilities and other prescribed map conditions. The CC & R's are to be recorded with the final map. A Common Driveway Agreement to allow alternative access (via Mutsuhito Avenue) to the 2 commercial lots fronting on Broad Street, has been submitted and is to be recorded with the final map. ��h1�n0►�►uIIiiIIIIU° 9IIII�I city of san LAs OBlspo COUNCIL AGENDA REPORT Tract No 2066 Metting of .May 5, 1992 Page Two i ALTERNATIVES: Option 1: Adopt resolution approving the final map for Tract No. 2066 and authorizing the Mayor to accept the offsite drainage easement on behalf of the City, and to approve the Subdivision Agreement. STAFF RECOMMENDED ACTION Option 2 : Deny approval of the final map if the Council finds that any conditions have not been satisfactorily met. CONSEQUENCES OF NOT TARING THE RECOMMENDED ACTION: Delay in filing the final map and issuance of building permits. CONCURRENCES: The Community Development Director and City Attorney concur with the recommended action. RECOMMENDATION: Adopt resolution approving the final map for Tract 2066 and authorizing the Mayor to accept the offsite drainage easement on behalf of the City, and to approve the subdivision Agreement. i Attachments: 1 - Draft resolution 2 - Map 3 - Checklist 4 - Resolution No. 7031 (1991 Series) 5 - Subdivision Agreement (including Fee & Bond Lists) 6 - Surety (betters of Credit) 7 - Drainage Easement 8 - Common Driveway Agreement P: \jerry\T2066FM.wp E-13-a RESOLUTION NO. (1992 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP FOR TRACT NO. 2066 (VILLA ROSA COMPANY, SUBDIVIDERS) WHEREAS, the City Council made certain findings concerning Tract 2066 as contained in Resolution No. 7031 (1991 Series) , and WHEREAS, an offsite public drainage easement and Common Driveway Agreement have been submitted, and WHEREAS, all other conditions required per Resolution No. 7031 (1991 Series) for Tract No. 2066 have been met and/or are guaranteed under a Subdivision Agreement and Letters of Credit to guarantee Faithful -Performance and Labor & Materials, or are conditions of building permits. NOW THEREFORE BE IT RESOLVED that final map approval is hereby granted for Tract No. 2066 and the Mayor is hereby authorized to approve the Subdivision Agreement and to accept the drainage easement on behalf of the City. 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 1992 . ATTEST: MAYOR CITY CLERK C -i3 -3 Resolution No. (1992 Series) Page Two. 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J•'. *�.� orM + EP F I nms'ss `i , E2a e'�'/ �d•�, E�t Er;a �i :� a �rti P, j a £ F ti °' ._:_.� 1'E• 1 t E--- •Ea %\ r •'� r p911 � l6E ti : ��y'. IN! ♦r. ! / a l!a a t• 1� . OF lip as a ! `;i t }a� " ice: ,� ii ; • n LC e ` 3il •4 g an ,} F� dyQ S'C [r ryy(r(.. W ._.3fr3e r-r, i� la:alaft` 2 Q S7 >� Y� 86 C �L�taI p!p aw.e SF iShTe�e - `Mr a. °n r• o a °3 Y V� ••• •_• ^.�Ci. �n rtr.[ W • O :R 0 I r I I r W I 4 r ,a r'r A 8 agra rPv til',{i•o; _T I .�: �' f •'o` :t cot 76.61 III :F C-13-� yyaa r�aa (Wan i , St @ Fyt¢ SE F6 1 E •BPeO** Lit �00*gC e;ha�'{P� Setif fS�• /j` i ii h F Et U ae.rda� 1 C S9 •�. = 4 f[� l a S tt (2 :�5g a r cv YZ^G e t ••r •' ,F � e. R •. • [_ � � m t y� ..rya �a' • m 'R. .R� .\\• N �� j ,o ' .. /9 ..... ._._. ! Q , 4, Via:. i " �� r !n 4.�+••, • S t g ♦ i" • mgt1 S S thy •° /' * } t'�a •hit mm =. TIS m k n • , � l . 1 e��� '�. oa � ''K R` ai .w,.. o t n� � n".. >y {I { t ° �� o w•.`r ] �t m ♦ n aw -w+r 1 � - r-r • k k t ��, '- era ,.-.w• •/ q � am rwww. sw. ,r"ww• a r Oa.rl M J it\II..J. •Yry rwJrw• � y `\ C-13- 7 city o� San tins OBIspo FINAL MAP APPROVAL CHECKLIST PRCJECT NAME "Villa Rcsa" 2890 Broad/Las.=ence/Orcutt DESCRIPTION 85 unit low income housing by Stan Bell MAP NUMBER Tract 2066 SPECIFIC PLAN REZONING GEN. PLAN USE PERMIT VARIANCE ARC OTHER PUBLIC IMPROVEMENT CONDITIONS #1 DESCRIPTION 1 INITIAL I DATE COMMENTS 1 GRADING including planting g retaining walls I H.B. 4/21/92 Plans approved, "Bonds posted 2 STORM DRAINS & DRAINAGE STRUCTURES I H 21 Plans approved "Bonds" posted 31 SEWERS &SERVICES 135 14 2/ 4 1 WATERLINES E SERVICES g(jj 4 ZI y 5 1 FIRE HYDRANTS � j — /-., c 6 CONCRETE Curbs and Gutters �, I Sidewalks I ,� Driveways I I r 7 STREETS & PAVING n� Pavement Signing, striping and curb painting 8 NON-CITY UTIUTIES P.G.3E. — Electrical I Si• �ir�l Street Lights r // Cable TV Telephone Co. Gas Company 9 FEES RECEIVED (Water, Sewer) 10 PUBLIC IMPROVEMENTS payments received �'?J <<,,�fz 7A 11 11 1 AGREEMENT CONDITIONS have been met 12 MONUMENTATION 13 STREET TREES 14 OFFSITE WORK I ,;TK 2- 15 15 BONDIGUARANTEE deposited ' 16 I PARK dedication or in-lieu fees K 2' z T J� !irn A' bc;?F �c�:•? �lcLi%� 17 De osit Account Status I A*- I )THER - )THER CONDITIONS 18 Board of Adjustments 'O Planning Commission � I 20 I Architectural Review Commission i I City Council c"2 Abandonments 23 I Other I � (TACH LIST OF CONDITIONS d SUBDIVISION AGRREMENT COMMUNITY DEVELOPMENT APPROVA 'e' PUBLIC SERVICES APPROVAL �,/ RESOLUTION NO. 7031 (1991 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A VESTING TENTATIVE MAP FOR TRACT 2066, CREATING A 85-L-INTIT RESIDENTIAL CONDOMINTIL-A4 PROJECT AT 843 ATUTSUHITO A4EI UE. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. VESTING TENTATIVE MAP. That this Council, after consideration of public testimony, Vesting Tentative Map 2066 and the subdivider's supporting information, the Planning Commission's recommendation, and the Community Development Director's recommendations and reports thereon, hereby approves Vesting Tentative Map 2066 creating a 85-unit, planned development residential condominium project,_as shown in Exhibit "A" attached, with the following findings and subdivision exceptions, and subject to the following conditions: Findings 1. The design of the subdivision is consistent with the general plan, subdivision and zoning regulations. 2. The site is physically suited for the type and density of development allowed in an R-3-PD zone. 3. 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. 4. 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. 5. The proposed subdivision has been evaluated under the California Environmental Quality Act and the City's Environmental Guidelines (Existing Facilities, Section 15301(o)), and the City Council hereby concurs with the Community Development Director's negative declaration, subject to the following mitigation measures (note: asterisk refers to mitigation measures modified or added by the Planning Commission): C-13-9 R-7031 Council Resolution No. 7031(1991 Series) Page 2 Land Use =A. Developer shall provide a minimum sideyard setback of 16 feet for unit 80, with an architecturally compatible fence or wall, and a 10-foot wide landscaped planter for visual screening and physical separation. `B. Developer shall provide a minimum building setback of 20 feet for unit 31, and provide a noise attenuation wall along the northeast property line of Lot 89 to protect residential uses from vehicle traffic and loading noise. The noise wall shall be architecturally integrated with the project using landscaping and architectural detail, to the approval of the Architectural Review Commission. C. Residential units with wall openings facing the C-S zone shall incorporate construction measures to ensure interior noise levels do not exceed 45 dBA (Ldn), to the approval of the Chief Building Official. An acoustic engineer shall recommend appropriate design measures for the units so that the 45 dBa sound level is not exceeded, and these measures shall be incorporated in the building plans. Such measures may include, but are not limited to double glazing, reduced window area, enclosed outdoor patios, and special wall assemblies. 'D. A declaration to buyer shall be included in California Department of Real Estate documents prepared for prospective buyers. The declaration shall advise buyers that project is located adjacent to manufacturing and service- commercial uses, and a homeless shelter. Industrial, service-commercial, and shelter related activities may occur in the area, including commercial truck traffic on Victoria Avenue. Traffic and Circulation Developer shall: E. Contribute toward the cost of installing a signal at the Lawrence Drive/Broad Street intersection, prior to construction permit issuance. Contribution amount-shall be calculated by the City Engineer, and shall be based on the project's proportionate share of the total traffic increase (ADT) on Broad Street from Villa Rosa, OSH, and Stoneridge II, not to exceed 25 percent of the total cost of the signal project. F. Revise project design to provide a public street connection between Lawrence Drive and Mutsuhito Avenue via Victoria Avenue. Developer shall improve Victoria Avenue to city standards. G. Contribute toward the cost of installing a second eastbound left-turn lane from Broad Street onto Orcutt Road, prior to construction permit issuance. e_)3 _10 Council Resolution No. 7031 (1991 Series) Page 3 Contribution shall be calculated by the City Engineer, and shall be based on the project's proportionate share of the total traffic volume (ADT) on Orcutt road. H. Contribute toward the cost of widening Orcutt Road to four lanes east of Broad Street, prior to construction permit issuance. Contribution shall be calculated by the City Engineer, and shall be based on the project's proportionate share of the total traffic volume (ADT) on Orcutt Road. I. Contribute toward the cost of installing a grade separation at Orcutt Road and the Southern Pacific Railroad right-of-way, prior to construction permit issuance. Contribution shall be calculated by the City Engineer, and shall be based on the project's proportionate share of the total traffic volume (ADT) on Orcutt Road. J. Revise the Orcutt Road driveway exit to restrict access.to right-tum in and right-tum out only, to the approval of the City Engineer. Air Quality Developer shall: K Incorporate bike and pedestrian trails into the project design to provide the opportunity to connect with a planned citywide bike trail in or along the Southern Pacific Railroad right-of-way, near the northeast comer of the site. 'L Grant irrevocable offer for public pedestrian and bicycle access easements from Broad Street to the future connection point at the site's northeast comer and along the former Pacific Coast Railroad right-of-way, and install footpath and bikeway improvements as approved by the Architectural Review Commission. M. Contribute toward cost of installing a transit facility on the east side of Broad Street between Lawrence Drive and Orcutt Road. Costs shall include construction of a standard bus turnout, transit shelter, bus sign, trash receptacle, and installation of public art and appropriate landscaping. Contribution amount shall be calculated by the City Engineer, and shall be based on the project's proportionate share of the total traffic increase (ADT) on Broad Street from OSH, Villa Rosa, and Stoneridge 11, not to exceed 25 percent of the improvement's total cost. N. Follow Air Pollution Control District guidelines to reduce fugitive dust emissions during grading and site preparation, and exhaust emissions from construction equipment. Prior to construction permit issuance, the developer shall submit a plan describing measures to be taken during construction to reduce emissions, to the approval of the Community C-13 -Il Council Resolution No. 7031 (1991 Series) Page 4 Development Director. Plant Life 'O. Site design shall be modified where feasible to preserve Eucalyptus trees, to the approval of the City Arborist and the Community Development Director. Where preservation is not feasible, the trees to be removed shall be replaced on a two for one basis with 15-gallon sized trees of a comparable ultimate size and longevity. Historic Resources P. A qualified archaeologist will instruct the project's construction contractors in how to recognize resources that my be encountered. If excavations encounter archaeological resources, construction activities which may affect them shall cease. The Community Development Director shall be notified of the extent and location of discovered materials so that they may be recorded by a qualified archaeologist. Disposition of artifacts shall comply with state and federal laws. A note concerning this requirement shall be included on the grading and construction plans for the project. Q. Brick work shall be incorporated into the development of the site to recall the historic use of the site. R. The historic significance of the site shall be documented through the use of a plaque, photographs and samples of the brick work incorporated into a marker or kiosk on the project site for public display, possibly in cooperation with the adjacent Orchard Supply Hardware project. General S. If the Community Development Director determines that the above mitigation measures are either infeasible or ineffective, the Director may modify the measures or add additional measures to better achieve the intent of the original mitigation. Subdivision Exceptions The proposed exceptions to Subdivision Regulations to allow: A. Reduced street widths from 40 feet to 28 feet on Victoria Avenue, from 40 feet to 34 feet on Lawrence Drive, and from 40 feet to two 17-foot travel Ianes on Mutsuhito Avenue; Council Resolution No. 7131 (1991 Series) Page 5 B. Reduced street yards from 15 feet to 10 feet for units 43, 67, 68, 69, 79, 84, and 85; and from 15 feet to 7 feet for unit 44. are hereby approved with the following findings: A. The cost to the subdivider of strict or literal compliance with the regulations is not the sole reason for granting the modifications. B. The modifications will not be'detrimental to the public health, safety, or welfare, or be injurious to other properties in the vicinity. C. Granting the modifications is in accord with the intent and purpose of the Subdivision and Zoning Regulations, and is consistent with the general plan and with all applicable specific plans or other plans of the city. Conditions 1. Subdivider shall submit a final map to the city for review, approval and recordation. 2. Subdivider shall provide individual utilities to each unit (telephone, electric, gas, water, and cable TV) to the satisfaction of the public utility agencies and the City Engineer. All new utilities shall be placed underground. Water meters shall be clustered in the public sidewalk to the approval of the City Engineer 3. Final map shall note a blanket easement over the common lot area, except under the structures, for access to, installation and maintenance of underground public utilities serving the site, to the approval of the City Engineer and affected utility companies. 4. Final map shall show a 6-foot public utilities easement and 10-foot wide street tree easement along the project's public street frontages. 5. All on-site driveways, nonstructural parking improvements and utilities shall be installed as subdivision improvements. 6. Subdivider shall prepare covenants, conditions 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 include the following provisions: 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, sewer mains, drainage, parking lot areas, walls and fences, lighting, recreation facilities, and landscaping in a first class condition b. Grant to the city the right to maintain common area if the homeowners' C43_43 Council Resolution No. 7031 (1991 Series) Page 6 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 beim made. C. No parking except in approved, designated spaces. d. Grant 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. g. 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 j. Provision of appropriate "no parking signs and red-curbing along interior roadways as required by the City Fire Department. 'k. CC & Rs shall not prohibit outdoors clothes drying. 7. The portion of this site that participated in the McMillan Sewer Assessment District may sewer to the Orcutt Road sewer main (lots 1 through 31). The remaining lots 32 through 85 did not participate in said assessment district and must sewer to the Broad Street sewer main. If gravity sewering lots.45 through 55 to Broad Street is not feasible, those lou may be sewered to Orcutt Road provided all appropriate lift station fees are paid, as determined by the City Engineer. 8. The public water mains serving this site shall loop from the water main in Orcutt Road to the water main in Broad Street via the on-site driveway paralleling the easterly and northerly boundaries and connecting said streets. A second internally looped public water main may be constructed within the driveway lying southerly and southwesterly of the four, most northeasterly, buildings. All water meters shall be grouped in manifolds containing no more than 6 meters each, to the satisfaction of the City Engineer. Council Resolution No. 7031 (1991 Series) Page 7 All final grades and alignments of all public mains shall be subject to adjustments as determined by and to the satisfaction of the City Engineer and Utilities Engineer. 9. An easement for public water facilities shall be granted to the City and shown on the Final Map to the satisfaction of the City Engineer and Utilities Engineer. The easement shall exempt the City from all responsibilities for the replacement of any special pavements (other than asphalt concrete). 10. The subdivider shall pay all applicable water and sewer and park in-lieu fees at time of close of buyer escrow and prior to final occupancy release of the first unit by City. 11. Subdivider shall dedicate sufficient additional right-of-way at the easterly end of Lawrence Drive to provide for a vehicle turnaround and landscaped median, to the approval of the City Engineer. ' . �p Als;M — 12. Lawrence Drive, Mutsuhito Avenue, and Victoria Avenue shall be improved to the satisfaction of the City Engineer, based on the following standards: A. The subdivider shall improve Lawrence Dr. with a 4' detached sidewalk, landscaped parknvay, curb and gutter on the southerly side, 34' wide street pavement (T.I. = 8.0) and A/C curb along the northerly side of the street. The proposed sidewalk may meander, but shall be at least 6' wide wherever connected to the curb, to the satisfaction of the City Engineer. The subdivider shall install a retaining wall and erosion control landscaping and irrigation along the northerly side of Lawrence Drive, to the approval of the City Engineer and the Community Development Director. B. Mutsuhito Avenue shall be improved with a 4' detached sidewalk and landscape parkway along both sides, a raised median island, and full-width street pavement (T.I. = 8.0). The median island and landscape parkways proposed in Mutsuhito Ave. shall be maintained by the Homeowner's Association. The width of the median island may require adjustment to accommodate access requiremelnts needed by the Fire Department (min. 20' wide travel lane) and future t7ck traffic. `C. Victoria Avenue shall be impr�ved with 4' detached sidewalk and 6' landscaped parkway along the east,side, with a 28' street paveout, and a 6" concrete curb or AC. berm and landscaping along the west side. D. Interior streets shall be constructed using a T.I. of 5.5. 13. Final map shall note that all improvements within the Southern California Gas Company easement shall be subject to approval by said gas company. Council Resolution No. 7031 (1991 Series) Page 8 14. All on-site grading shall be desi,ed so as not to damage the off-site trees along the easterly property line. All on-site trees shall be labeled, and trees to be preserved shall be protected during construction, to the approval of the City Arborist. Subdivider shall submit a tree protection agreement and acceptable surety to guarantee protection and/or replacement of trees to be preserved, to the approval of the Community Development Director. 15. The subdivider shall submit to the City Engineer a hydrology report, prepared by a registered civil engineer, for the proposed site development. 16. All boundary monuments, lot comers and centerline intersections, curb return points, and other survey data shall be tied to the City's control network. At least two control points shall be used and a tabulation of the coordinates shall be submitted with the final map or parcel map. A 5-1/4" diameter computer floppy disk, containing the appropriate data for use in autocad for Geographic Information System (GIS) purposes, is also required to be submitted to the City Engineer. 17. Subdivider shall install street trees along the Broad Street, Lawrence Drive, Victoria Avenue and Mutsuhito Avenue street frontages, to city standards, and to the satisfaction of the City Arborist and Architectural Review Commission. 18. Subdivider shall submit a common driveway agreement and easement for lots 88 and 89 to the Community Development Director for approval and recordation. 19. All grading shall comply with the recommendations contained in the soils report for the proposed site development. 20. All units shall be numbered in accordance with an addressing plan approved by the Community Development Department. 21. Subdivider shall install a unit identification plan with directory at each of the project entrances to the approval of the Community Development Director. 22. Subdivider shall install street lighting as determined by the City Engineer per City and Pacific Gas and Electric standards. 23. Project construction activity, including grading operations, shall be limited to the weekday hours from 7:00 a.m. to 5:00 P.M. 24. Subdivider shall submit a dust management plan to limit dust generation from construction activities on the site and from construction vehicles transporting soil to and from the site to the approval of the Community Development Director and the Chief Building Official. C-I3 -Av Council Resolution No. 7031 (1991 Series) Page 9 25. In lieu of solar water beating as required by the Condominium Regulations, the developer may provide other energy-saving features, to the approval of the Community Development Director. Such features shall, as a minimum, provide equivalent long-term enemy savings when compared to solar water beating (including installation and life-cycle operation costs), and shall consist of permanent features which are integral to the unit, such as dual glazing, thicker wall or roof insulation, or energy-saving space heating.. If solar water heating is not installed, each unit shall be plumbed to accommodate the future installation of solar water heating, including piping and water storage location (tank need not be installed). On motion of Councilwoman Rappa , seconded by Councilman Reiss , and on the following roll call vote: AYES: Councilmembers Rappa, Reiss, Pinard and *Mayor Dunin NOES.- Councilmember Roalman ABSENT: None the foregoing resolution was passed and adopted this 7-17th day of September 1991. mayor Ron Dunin ATTEST: lJ Pam Voges, i Clerk C-/3-17 r F 1! \ 7 c Ck � I ♦ �;�.,/-�moi =til 1 1= fl 1 •� r c 1-.: 1 li I •t ;F i i .r i •t } �r .t i 1 Azt/ f r 01 c1�c•/ i' YYY///JJJ / •• •• `� I J I W 11 / //, t r• t i .�I r7 } ti �'�f e7 ;a � I t _ , i/. /• ' �. �': �n N;Aer...^twnfnrrzis _ � u ''= '/ : .! � Jill I' i ♦ ',S C'. I 1 ii I W I PL N 51.VI J. 1 � % .,; -r ` i t�/• i 1 t:7, 1 1 �I C rte_ •'r at 1 � I d IS (LI It I^.� ,t ...._ 1 `Rs— :�I u l L it i11:1:a: II n. ::�Almw;fl:it IIIII L IIl:r.^ i::li i I t;ti1{`°lt:�l�J}} !)•ili�l'it} S i!i 1 1 I I it :!!:r I ei:.'l�Jtl-t t}�.d►d,.:.:, t 41 I. :Ilt.trl;Ii�tt�alA,....}1F1.I: i i I �.. i 1 II• Il;i I nl 1 III III i ! I Illll i...—•�i111� I�I�rI m �Ill�:ililll iti�ll�l�l�r EXv IR IBIT STANDARD SUBDIVISION AGREEMENT THIS AGREEMENT is dated this day of by and between Villa Rosa Co. , A California Partnership, S. E. Bell, Inc. , A California Corporation as general partner, 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 No. 2066, City of San Luis Obispo, California, as approved by the City Council on the day of , 1992 . The Subdivider desires that said Tract No. 2066 be accepted and approved-as a final map pursuant to the Subdivision Regulations of the City of San Luis Obispo (Title 17 of the San Luis Obispo Municipal Code) , and It is a condition of said regulations that the Subdivider agree to install the improvements as set forth on the plans therefore. TERMS AND CONDITIONS: In consideration of the foregoing, the Subdivider does hereby agree to construct and install the following subdivision improvements in accordance with said subdivision regulations, and in accordance with approved plans and specifications on file in the office of the City Engineer, City of San Luis Obispo, to wit: 1. CURB, 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. 1 C-1349 4 . DRAINAGE STRUCTURES 5. ORNAMENTAL METAL ELECTROLIERS 6. ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION: In addition to the inspection and approval of such facilities by the City, each public utility shall be required to file a letter stating that the developer has properly installed all facilities to be provided by him, and that the said utility is prepared to provide service to residents upon request. 7. ANY & ALL OTHER IMPROVEMENTS shown on plans or required by City regulations. All of the above facilities shall be installed in the locations designated and to the plans and specifications on file and approved by said City Engineer. 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 Security filed pursuant to this agreement. In this connection, the surety waives the provisions of Section 2819 of the Civil Code of the State of California. 2 C 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 conditions established by the Planning Commission and/or the City Council and has paid, or. agrees to pay, the necessary fees as indicated on the attached Exhibits 1 and 2 . 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. The Subdivider attaches hereto, as an integral part hereof, and as security-for the performance of this agreement, an instrument of credit or bond approved by and in favor of the City of San Luis Obispo, and conditional upon the faithful performance of this agreement. Said instrument of credit or bond is in the amount of $290, 000. 00, which is the amount of the estimated cost of said public improvements. (See fee and bond list, Exhibit 2, attached, for tabulation of all fees and "bonds" . ) 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, that amount being deemed sufficient to guarantee faithful performance by the Subdivider of his obligation to remedy any 3 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 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 materials bond in the amount of 501 of the above described subdivision improvements in accordance with State law. Said Subdivider has paid the sum of $3.750.00 from which fee the city will pay the salary and expenses of an inspector or inspectors to inspect installation of said subdivision improvements, and for labor and material costs by City to install signs and striping within the public right-of-way as appropriate and certify that they have been completed in accordance with the plans and specifications. 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 4 C-13 -aa filed with the City by the Subdivider and approved by the City Engineer and Community Development Director, 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. It is agreed that the Subdivider will furnish copies of the successful bidder' s contract unit prices and total bid prices for all of . the improvements herein referred to. IN WITNESS WHEREOF, this agreement has been executed by: CITY OF SAN LUIS OBISPO SUBDIVIDER Villa Rosa Co. , A California Part a hip 04 MAYOR S.E ell, Inc. , A California Cor oration, as General Partner ATTEST: CITY CLERK APPROVED AS TO FORM: t rn _ ff � City engineer M3/sub-agr/2066 jms 5 EXHIBIT 1 TRACT 2066 SUBDIVISION AGREEMENT 1. The Subdivider shall pay water acreage fees of $23 , 200 (11. 6 Ac x $2000/Ac) at time of final occupancy of first unit per Condition 10 of Resolution #7031 (1991 series) . (Lots 1-89) 2 . The Subdivider shall pay a park-in-lieu fee of $151 , 991. 00 at time of final occupancy of first unit per cond 10 of Resolution #7031 (1991 series) ) . 3 . The Subdivider shall pay sewer lift station fee for the Rockview/Johnson system of $153 . 55 (0. 37 acres x $415/Ac) , payable as noted in 2 above. 4. The Subdivider shall install all on-site driveways, nonstructural parking improvements and utilities shall be installed as subdivision improvements. 5. The Subdivider shall install street trees along Broad St. , Lawrence, Victoria and Mutsuhito per condition 17 of Resolution #7031 (1991 series) to the approval of the Community Development Department and Public Works Department. 6. The subdivider has paid or posted surety to cover traffic impact fees as prescribed in Resolution #7031 (1991 series) as follows: A. Traffic & Circulation Fees - Paid as indicated 1. Traffic Signal - Lawrence Drive/Broad Street 0. 25 x $ 125, 000 = $31, 250. 00 2 . Second Eastbound Left Turn Lane - Broad/Orcutt 174/13200 x $ 35, 000 = $ 460. 00 3 . Orcutt Road Widening 174/13200 x $ 400, 000 = $ 51273 . 00 4. Orcutt RR Grade Separation 174/13200 x $4 , 000, 000 = $52 , 727 . 00 B. Air Quality 1. Transit Facility 0.25 x $ 10, 000 =. $ 21500. 00 $1, 000 to be deposited in cash. The remainder in the form of an Irrevocable Commitment of Funds, Assigned Account or Bond. The $1, 000 will be used in conjunction with a special traffic signal study to be administered by City. nb31tMNex1 jms c-13-a� EXHIBIT 2 TRACT 2066 FEE AND BOND LIST "Bonds" - Improvements: Amount Form/Surety Received 1. Faithful Performance $290,000.00 Letter of Credit 4/22/92 JK 100% Public Improve & 158 Infl. & Contingency (MSB 7-184) Rough Grading/Erosion Control $ 22,000.00 Letter of Credit 4/8/92 (MSS 7-185) 2. Labor & Materials $145,000.00 Letter of Credit 4/22/92 JK 508 of Faithful Perf (above) 3. Monumentation Trust Deposit $ 1,200.00 Letter of Credit 4/22/92 JK (MSH 7-186) Fees-(to be deposited prior to final map) A. Traffic Impact Fees 1. Traffic Signal - Lawrence Drive/Broad Street 0.25 x S 125,000 = $ 31,250.00 ooI-o���e�0-sao $ 1,000.00 - Cash CX10,5S;C 4/22/92 $ 30,250.00 Letter of Credit 4/22/92 JK (MSB 7-187) 2. Second Eastbound Left Turn Lane - Broad/Orcutt 174/I3200 x $ 35,000 = $ 460.00 3. Orcutt Road Widening 174/13200 x S 400,000 = $ 5,273.00 4. Orcutt RR Grade Separation 174,13200 x $4,000,000 = $ 52,727.00 5. Transit Facility 0.25 x $ 10,000 = $ 2,500.00 B. Plan Checking and Inspection Fees 1. Plan Checking Fee $ 2,643.00 Paid 12/91 2. Construction Inspection Fee a. Rough Grading & Erosion $ 4,108.00 Paid 4/8/92 b. Public Improvements $ 31750.00 - Cash 4,A-W sfJG 4/22/92 Future Fees: Fees to be paid with building occupancy release per Condition 10 of Resolution #7031 (1991 series) . Note: Wastewater (Sewer) and Water impact fees are not applicable due to vesting map status prior to enaction of Ordinance #1200 (1991 series) 4. Water acreage fee $ 23,200.00 050-0017-071-020 11.6Ac x $2000/Ac 5. Sewer Lift Station Fee $ 153.55 052-0017-074-030 0.37 Ac x $415/Ac 6. Park-in-lieu fee $151,991.00 nb3/t2owea jms B 43699000 $ 4750 . 00 c- 13-as Fill MIM-STATE BANK SAN LUIS OBISPO 805-544-7070 75 Santa Rosa St.. P.O. Box N. San Luis Obispo. CA 93.301 City of San Luis Obispo April 21, 1992 Office of the City Clerk 990 Palm Street San Luis Obispo, CA 93401 IRREVOCABLE LETTER OF CREDIT NO. 7-187 FOR FAITHFUL PERFORMANCE FOR 'TRACT 2066: TRAFFIC IMPACT FEES (PER EXHIBIT "A") 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 $ 91,210.0(?--,'. (NINETY-ONE THOUSAND TWO HUNDRED TEN AND N01100* DOLLARS) are credited to the loan commitment account of VILLA ROSA CO BY S.E. BELL INC. as required by. t Su division Map Act ot 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 2066 (traffic) executed by and between said . , BY S.E. BELL, INC. 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 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 VILLA ROSA CO. BY S.E. BELL INC. , for the uses an purposes herein set orth, 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 C-13-24 City of San Luis spo April 21, 1992 Office of the City Clerk 990 Palm Street San Luis Obispo, Ca 93401 IRREVOCABLE LETTER OF CREDIT NO. 7-1.87 , Page 2 (FAITHFUL PERFORMANCE FOR TRACT 2066 (71-affic T=xt) ) 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. 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 VILLA ROSA CO. BY S.E. BELL INC. except as herein spe�— ica y set torth. Dated at San Luis Obispo, California, this 21st day of April 19 92 . Mid-State Bank San Luis Obispo Branch #07 BY: WntLin Assfe ant 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 institution executing said Irrevocable Commitment of Funds from all liability except as therein specifically set forth. Dated at San Luis Obispo , California, this 21st day of April i9 92 VILLA ROSA CO. BY: S.E. BELL, INC. Stan E. Bell, President NOTE: IN THE EVENT TRACT 2066 IS NOT APPROVED BY THE CITY OF SAN LUIS OBISPO, THIS IRREVOCABLE COMMITMENT OF FUNDS BECOMES NULL AND VOID. C-13-al 7 City of San Luis Obispo April 21, 1992 Office of the City Clerk 990 Palm Street San Luis Obispo, CA 93401 IRREVOCABLE LETTER OF CREDIT NO. 7-187, page 3 FOR: FAITHFUL PERFORMANCE FOR TRACT 2066, Traffic Impact Fees EXHIBIT "A" The total Traffic Impact Fees in the amount of $91,210.00 (NINETY-ONE THOUSAND TWO HUNDRED TEN AND No/100 DOLLARS) may be broken down into. the following categories and respective amounts, each category to be subject to demand or release by the City of San Luis Obispo in accordance with the Subdivision Agreement for Tract 2066 without affecting the status of the other categories under this Irrevocable Letter of Credit No. 7-187. TRAFFIC IMPACT FEES: 1. Traffic Signal - Lawrence Drive/Broad Street $30,250.00 2. Second Eastbound Left Turn Lane - Broad/Orcutt 460.00 3. Orcutt Road Widening 52273.00 4. Orcutt RR Grade Separaton 527727.00 5. Transit Facility 27500.00 TOTAL $91,210.00 c-�3-as MID-STATE BANK SAN LMS OBISPO 805-544-7070 75 Santa Rosa St., P.O. Box N. San Luis Obispo, CA 93301 City of San Luis Obispo April 21, 1992 Office of the City Clerk 990 Palm Street San Luis Obispo, CA 93401 IRREVOCABLE LETTER OF CREDIT NO. 7-184 FOR FAITHFUL PERFORMANCE FOR Tract 2066 The undersigned, Mid-State Bank, being a financial institution which is subiect to regulation by the State of California or by the federal government , hereby pledges that monies to the extent of 290,000.00-':-- ( TWO HUNDRED NI_NETY THOUSAND AND NO/l0o-` ". * ` * * DOLLARS are credited to the oan commitment account of VILJA ROSACO. , BY S.E. BELL INC. as required by t -eSu ivision Map Act of the State of Ca i ornia for the purpose of securing the faithful performance of all the terms and conditions of that certain agreement dated for 'Fact 2066 executed by and between said Villa Rosa Co. , by b.h. bell, Inc. 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 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 VILLA ROSH CO, BY S.E. BELL, INC. , for the uses and purposes herein set forth, 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 ( spo Office of the City Clerk 990 Palm Street San Luis Obispo , Ca 93401 April 21, 1992 IRREVOCABLE LETTER OF CREDIT NO. 7-184 , Page 2 (FAITHFUL PERFORMANCE FOR Tract 2066 ) 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. 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 _T except as herein speci- 1 ically set orth. Dated at San Luis Obispo , California , this 21st day Of April 1992 Mid-State Bank San Luis Obispo Branch #07 BY: Lind Minton, Ass i ant 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 institution executing said Irrevocable Commitment of Funds from all liability except as therein specifically set forth. Dated at San Luis Obispo , California, this 21st day of April , 19 92 VILLA ROSA CO. BY: S.E. BELL, INC. tan . Be , Pr si ent NOTE: IN THE EVENT TRACT 2066 IS NOT APPROVED BY THE CITY OF SAN LUIS OBISPO, THIS IRREVOCABLE COMMITMENT OF FUNDS BECOMES NULL AND VOID. C-�3-30 MID-STATE BANK SAN LUIS OBISPO 805-534-7070 75 Santa Rosa St..San Luis Obispo. CA 93401 City of San Luis Obispo April 21, 1992 Office of the City Clerk 990 Palm Street San Luis Obispo , California 93401 IRREVOCABLE LETTER OF CREDIT NO. 7-185 FOR PAYMENT OF LABOR AND MATERIALS FOR TRACT 2066 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 $ 145,000.00 ( ONE HUNDRED FORTY-FIVE THOUSAND AND N DOLLARS are credited to the loan commitment account of VILLA ROSA CO. BY S.E. BELL INC. as required by the Subdivision Map Act ot the State o 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 TRACT 2066 executed by and between said VILLA ROSA CO. . BY S.E. BELL, INC. 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 for the uses and purposes herein set forth, 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 . C-13-31 City of San Luis Obispo Office of the City Clerk 990 Palm Street San Luis Obispo , California 93401 IRREVOCABLE LETTER OF CREDIT N0. 7-185 , Page 2 (PAYMENT OF LABOR AND MATERIALS FOR TRACT 2066 ) 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 VILLA ROSA CO. , j�� except as herein specifically ort . Dated at San Luis Obispo , California , this 21st day of April , 19 92 Mid-State Bank San Luis Obispo Office 07 By: Lind Phyfton, Assist 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. Dated at San Luis Obispo, California , this 21st day of April , 19 92 VILLA ROSA CO. BY: S.E. BELL, INC. Stanl y . Bell, fPresident NOTE: IN THE EVENT'TRACT 2066 IS NOT APPROVED BY THE CITY OF SAN LUIS OBISPO, THIS IRREVOCABLE COMMITMENT OF FUNDS BECOMES NULL AND VOID. C43-3A 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 April 21, 1992 Office of the City Clerk 990 Palm Street San Luis Obispo, CA 93401 IRREVOCABLE LEITER OF CREDIT NO. 7-186 FOR FAITHFUL PERFORMANCE FOR TRACT 2066: MONUMENTATION BOND 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 $1,.200.00-,h- ( ONE THOUSAND TWO. HUA'D_RED AND N01100-,- DOLLARS) O/100,DOLLARS) are credited to the loan commitment account of VILLA ROSA CO. BY S.E. BELL INC. as required by t71e Sub ivision Map Act of the State ot California for the purpose of securing the faithful performance of all the terms and conditions of that certainl agreement dated for TRACT 2066 (tn tation)executed by and between said VI ROSA CO. , , INC. and the City of San Luis Obispo , a municipal 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 VILLA ROSA CO. S.E.BY BEII . INC. , for the uses and 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 C-/3 -33 City of San Luis spo April 21, 1992 Office of the City Clerk 990 Palm Street San Luis Obispo, Ca 93401 IRREVOCABLE LETTER OF CREDIT NO. 7-186 , Page 2 (FAITHFUL PERFORMANCE FOR TRACT 2066: MONUMENTATION ) 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. 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 VILLA ROSA CO. , BY S.E. BELL, INC. except as herein sped- ica y set torth. Dated at San Luis Obispo, California, this 21st day of April 1992 Mid-State Bank San Luis Obispo Branch #07 BY: Lin ton, Assist 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 institution executing said Irrevocable Commitment of Funds from all liability except as therein specifically set forth. Dated at San Luis Obispo , California , this 21st day of April , 19 92 VILLA ROSA CO. BY: S.E. BELL, INC. Stanle . Bell, Prbsident NOTE: IN THE EVENT TRACT 2066 IS NOT APPROVED BY THE CITY OF SAN LUIS OBISPO, THIS IRREVOCABLE COMMITMENT OF FUNDS BECOMES NULL AND VOID. RECORDING REQUESTED BY AND WHEN RECORDED MAIL THIS DEED AND. UNLESS OTHER. WISE SHOWN BELOW MAIL TAX STATEMENTS TO: HAM F City Clerk City of San Luis Obispo P. 0. Box 8100 Os^A,: San Luis Obispo, CA 93403-8100 L.L J Title Order No. Escrow No. ][�7 SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT DEED - DRAINAGE EASEMENT APN 053-201-012 The undersigned declares that the documentary transfer tax is 5.................................................................................. and is ❑ computed on the full value of the interest or property conveyed, or is ❑ computed on the full value Irss the value of liens or encumbrances remaining thereon at the time of sale. The land, tenements or realty is lotaled in ❑ unincorporated area ❑ city of .......San-Lu18.Obispo .............. and .. ... .. .................................................... FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ROGER M. BROWN and JUANITA L. BROWN, husband and wife hereby GRANT(S) to the City of San Luis Obispo, a chartered municipal corporation, the following described real properly in lite City of San Luis Obispo county of San Luis Obispo ,stale of California: a'n easement for the installation, maintenance, repair, replacement and removal of drainage pipes, and incidental purposes within under and across the west 60 feet of the south 10 feet of Lot 3 of the Orcutt Subdivision according to the map thereof recorded in Book 1, Page 19 of Records of Survey in the Office of the County Recorder of said County. Said easement is granted upon the following conditions: 1. Any damage to the drainage ditch bank caused by, the pipe flow opposite the outlet of the drain pipe installed in said easement shall be the responsibility of the grantee herein or successor.. Any expense, present or in the future, resulting from the drain, shall be the responsibility of the Grantee herein or successors. 2. The drain pipe installed within said easement must be capable of with- standing vehicular traffic driving over the easement area. Dated January 29, 1992 Rog M. Br - _ uanto L. Brown STATE OF CALIFORNIA COUNTY OF—San-LLL1.iOb.ispo } SS. On.__Januaryr 29,_1992__ _ Ivfnrc mr, Ihr naae,- siFnal,a Notary I ublir in and far wid C.mmty and State.perannally aplwarrJ Roger M. Brpwn and Juanita L. Brown FOR NOTARY SEAL OR STAMP JANICE M.RAMSAY kno.n to Inc NOTARY PUBLIC. to Ir It... onmr_S __ <uhnrrihed In Ihr within ,L BAN LUIS OBISPO COUNTY incl nnnrnt and dual theYCALIFORNIA -ranrtrte nnie. Malon Explin an Apel S,1994 Assessor's Parcel No. ............................................ MAIL TAX STATEMENTS 'ro I'AlITY SHOWN ON FOI.I.OWING LINE: IF NO PARTY SO SHOWN, MAII.AS OIlt F:CTF:D A DOVE: -_--Nome --— —_--- Street Addrm% City 8' Stale GAL-I (Rev.3-79) ,`'• `�I/(`�/ APN 04-952-002 RECORDING REOUESTED BY AND 04-954-003 WHEN RECORDED RETURN TO: 53-193-009 City of San Luis Obispo Community Development Department P.O. Box 8100 (990 Palm Street San Luis Obispo, CA 93403-8100 GRANT OF EASEMENT FOR COMMON DRIVEWAY (One Easement, One Party) This agreement is entered into between the CITY OF SAN LUIS OBISPO, A MUNICIPAL CORPORATION (hereinafter referred to as "Chyl, and Villa Rosa Co. hereinafter refereed to as "Owner(s)J,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: Lots 88 and 89 of Tract 2066, also known as 2988 and 3030 Broad Street B. Owner desires to accommodate future development; and C. City, as a condition of said development, requires the creation of a common driveway 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. Owner hereby dedicates an easement for a common driveway over said property, as shown on Tract Map 2066 for the use and benefit of all of all said lots. 2. Owner and his heirs and assigns hereby agree to comply with the following terms and conditions: (a) The owner(s) of Lots 88 and 89 their 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) Owner(s)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 judgements against the city for damages or other liability arising from the enforcement of the aforesaid prohibition against parking. (d) Owner understands that the city cannot regulate vehicle usage or hazards upon said common access driveway and agrees 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/her or their licensees and invitees. 3. The 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. 4. As required by the city, additional information is attached to this grant of easement and incorporated by reference as none (If none is required, write "none".) Grant of Easement for Common Driveway (One Easement, One Party) Page 2 4 � J Date Villa Ro o., a partnership by: Stanley E. Bell, President S.E. Bell, Inc., a corporation, general partner �n,197 "1 Date City of San Luis O ' po Community Development Director State of California } County of San Luis Obispo } On Apr i 1 �!2 19_ca, before me, 'lQ ia= Notary Public, personally appeared 4},ny-�`e7i� �=�-RC U Npersonally known to me or ( ) proved to me on the basis of satisfactory evidence to be the person(s) whose name is/are subscribed to the within instrument and acknowledged tome that(s)he/they executed the same in his/her/their capacity(ies),and that by his/her/their signature(s)on the instrument the person(s)or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. OPIC FL STUAW Notary Public T SA"uns 0MADCOUNT ►M wenn t�Ir M"t5,tees Capacfty claimed by signers): ( ) individual(s) ( ) corporation X partnership ( )attorney-in-fact ( ) political agency State of California } County of San Luis Obispo } On ori L ;LOQ 19-a2, before me, Minn uorl Notary Public, personally appeared Arne\IA 3 ,;csY-\Q S (,X personally known to me or ( ) proved to me on the basis of satisfactory evidence to be the person(s) whose name is/are subscribed to the within instrument and acknowledged to me that(s)he/they executed the same in his/her/their capacity(ies),and that by his/her/their signature(s)on the instrument the person(s)or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. CIAL SEAL DIANE S.STUASr E MIT ��-. _ --� • NA SN L m aPUS BCO MY Notary PublicD�WOsvo t Capacity claimed by signer(s): ( ) Individual(s) ( ) corporation ( ) partnership ( )attomey-in-tact political agency C-13-37