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
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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.
APPROVED:
y A inniist tive Officer
Community DevN. pment Director
1
L2-
City 6igineer
APPROVED AS TO FORM:
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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
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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:
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City engineer
M3/sub-agr/2066
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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
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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
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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