HomeMy WebLinkAbout07/01/1997, C-5 - FINAL MAP APPROVAL FOR TRACT 2248 LOCATED AT 850 EL CAPITAN WAY, EAST OF BROAD STREET, (KELLY GEARHART, SUBDIVIDER) councils
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CITY OF SAN LUIS OBISPO
FROM: Michael D. McCluskey,Director of Public Works
Prepared By: Jerry Kenny,Supervising Civil Engineer
SUBJECT: Final Map Approval for Tract 2248 located at 850 El Capitan Way,
East of Broad Street,(Kelly Gearhart,Subdivider)
CAO RECOMMENDATION:
Adopt resolution approving the Final Map for Tract 2248,accepting a grant deed for Lot 15 for
open-space and drainage purposes and authorizing the Mayor to execute the subdivision agreement
DISCUSSION:
A"vesting"tentative map for Tract 2248 was approved on Jan 7, 1997 per Resolution No. 8616
(1997 Series)to create a total of 14 residential lots,one commercial lot and an"open space lot".
This property was recently annexed,along with the southerly half(25 ft.)of the existing"private
road"R/W (commonly known as"EI Capitan Way").The southerly 25' of right of way(plus
additional R/W to complete a cul de sac)is being dedicated to the City(under separate instruments)
and will be recorded along with the final map,as conditioned by the tentative map.
Improvementplans have been approved by the Public Works Department,which include the
improvement of El Capitan Way to meet City standards,along with standard sewer,water and
other utility services.
Lot 15 contains a creek and a stand of large eucalyptus trees,which the subdivider is deeding to the
City and will improve a bike and pedestrian path to connect with Poinsettia Street. It was
envisioned that this lot would be deeded to the Santa Lucia Hills Homeowners Association(HOA)
for inclusion in their system of linear parks. However,Condition 22 only required the subdivider to
"actively pursue annexation"to the HOA. If the annexation were denied,the City would accept the
ownership of the lot and maintenance of the pathway and creek.Staffreceived a letter from the
HOA Board of Directors,which states that it was determined to not be in the HOA's best interests.
The subdivider has paid park-in-lieu fees at the rate for"single family homes",even though the
property is zoned for multiple units(R-2). Single-familyhomes are to be built by the subdivider.
A"disclosure"document will be recorded with the final map advising future property owners that,
if they ever add another"dwelling unit"(as defined by the zoning ordinance),they will be required
to pay additional park-in-lieu fees at that time,representing the difference between the single family
rate and the multiple family rate.
A stormwater detention basin was approved on the commercial lot(Lotl 6),pursuant to a County
building permit issued prior to annexation to the City. The basin meets the design criteria
established for the Edna-Islay Specific Plan area. This will limit the tract's discharge into a
CalTrans maintained storm drain in Broad Street(State Hwy.227)to a"2-year storm"
(undeveloped condition)runoff rate,per Condition 12. A perpetual private easement and
maintenance agreement has been submitted and will be recorded with the final map,wherein the
owner(or heirs and assigns)of Lot 16 agrees to maintain the drainage basin as approved at his/her
own expense. A"hold harmless"clause is included that agreement which protects the City from
any liability in this regard
Council Agenda Report-Final Map Approval-Tract 2248
Pagetwo
The subdivider has requested reimbursement for any"direct connections"to the sewer and water
mains in El Capitan to serve adjacent offsite(non-participating)properties,pursuant to Municipal
Code Sections 13.08.040 and 16.44.090. The Public Works Director will determine the final cost
and spread same over the respective properties that are required to pay,subject to receipt of the
required certified statement of costs and other provisions of the regulations. Since properties on the
South side of El Capitan lie currently within"unincorporated"(County)territory,no connections to
those lots shall be allowed unless they are annexed to the City.
Condition 9 stated that some improvement to(or contribution to such improvement)the Tank Farm
Rd. sewer lift station,would be necessary as a condition of this tract. The Utilities Engineer has
subsequently determined that there is adequate capacity for this tract and that the normal lift station
fee is all that is necessary.
The subdivider has submitted"Letters of Credit"to guarantee installation of the required
subdivision improvements and has paid the required fees,as prescribed in the attached subdivision
agreement,to allow recordation of the final map. The final map has been found to be in substantial
conformity with the tentative map and all other conditions of the proj ect related to the map have
been met and/or guaranteed.
ALTERNATIVES:
Option 1: Deny approval of the final map if the Council finds that conditions have not been
satisfactorily met.
FISCAL IMPACT:
Normal maintenance of public facilities:storm drains,water and sewer mains,fire hydrants,street
lights,street improvements,bike path,creek maintenance,tree pruning,etc.
CONCURRENCES:
The Community Development Director and City Attorney concur with the recommended action.
No other departments are affected.
Attachments:
1 -Draft resolution and subdivision agreement
2-Map
3 -ResolutionNo. 8616 (1997 Series)
4-Detention Basin Maintenance Agreement
5 -Deed to City for Lot 15
6-Final Map Checklist
DevRev\..At2248 final map rep
`-S-49-
RESOLUTION NO. (1997 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO APPROVING THE FINAL MAP FOR TRACT 2248
WHEREAS,the City Council made certain findings concerning vesting Tract 2248,as
contained in ResolutionNo. 8616(1997 Series),and
WHEREAS,the subdividerhas submitted Letters of Credit in the amounts of$420,000
(Faithful Performance)and$210,000(Labor&Materials)to guarantee installation of the
required subdivision improvements per approved plans and all fees have been received,in
accordance with the attached subdivision agreement,marked"Exhibit A",and
WHEREAS, the subdividerhas requested reimbursementfor"direct lateral connections"
to the sewer and water mains constructed under this tract to serve offsite,non-participating
properties, pursuant to City Municipal Code Sections 13.08.040 and 16.44.090,and
WHEREAS,the subdividerhas submitted a grant deed to the City for Lot 15 to be used for
open space,creek maintenance,pedestrian and bikeway purposes,per Condition 22 of said
Resolution 8616,and
WHEREAS,all other conditions required per said Resolution No.8616(1997 Series)have
been met or guaranteed
NOW THEREFORE BE IT RESOLVED that the final map for Tract No.2248 has
been found to be in"substantial conformity"with the vesting tentative map and final map approval
is hereby granted The Mayor is hereby authorized to execute the subdivision agreement and accept
the grant deed for Lot 15.
The Director of Public Works is authorized to establish reimbursement rates for future connections
by non-participatingproperties,in accordance with City regulations. Such future connections shall
only be allowed upon annexation of the respective properties.
x-5.3
ResoludonNo. (1997 Series)
Page Two
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
1997.
MAYOR Allen K. Settle
ATTEST:
CITY CLERK Bonnie L.Gawf
Approved as to Form:
&;6W 0 - O ig w�a4
�U.17 CITY ATTORNEY Jeffxey G.Jorgenson
DevRevl..=,M final map RP
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SUBDIVISION AGREEMENT
THIS AGREEMENT is dated this day of by and between KELLY V.
GEARHART 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 the Final Map of Tract 2248, City of San Luis Obispo, California,as approved
by the City Council on the 1st day of July 1199 7
The Subdivider desires that said Tract No. 2248 be accepted and approved as a Final
Map pursuant to the Subdivision Regulations of the City of San Luis Obispo(T-dle 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.
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
1
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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 beestablished 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.
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 the necessary fees as indicated on the
attached Exhibits 1 and 2.
The restoration of lost section comers and retracement of section lines within the
Subdivision shall be in accordance with Article 5, paragraph 8771 et seq., of the Professional
Land Surveyors Act, Chapter 15 of the Business and Professions Code of the State of California.
The Subdivider attaches hereto, as an integral part hereof, and as security for the
2
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$420,000.00 which is the amount of the
estimated cost of said improvements. Subdivider agrees to remedy any defects in the
improvements arising from faulty workmanship or materials or defective construction of said
improvements occurring within twelve(12) months after acceptance thereof. In accordance with
Sections 66499.7 and 66499.9 of the Government Code of the State of California, upon final
completion and acceptance of the work, City will release all but 10%of the improvement
security,that amount being deemed sufficient to guarantee faithful performance by the
Subdivider of his obligation to remedy any defects in the improvements arising within a period of
one year following the completion and acceptance thereof.
Completion of the work shall be deemed to have occurred on the date which the City
Council shall, by resolution duly passed and adopted, accept said improvements according to
said plans and specifications,and any approved modifications thereto. Neither periodic nor
progress inspections or approvals shall bind the City to accept said improvements or waive any
defects in the same or any breach of this agreement.
If the Subdividerfails to complete the work within the prescribed time,the Subdivider
agrees that City may, at its option, declare the instrument of credit or bond which has been
posted by Subdividerto guarantee faithful performance,forfeited and utilize the proceeds to
complete said improvements,or city may complete said improvements and recover the full cost
and expense thereof from the Subdivider or his surety.
The Subdivider agrees to deposit with the City a labor and materials bond in the
amount of 50%of the above described subdivision improvements in accordance with State
law.
Said Subdivider has paid an inspection fee of$ 15,973.00 for City to inspect the
installation of said subdivision improvements,and to verify that they have been completed in
3
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 filed with the City by the Subdivider and approved by the City Engineer are hereby
referred to for further particulars in interpreting and defining the obligations of the Subdivider
under this agreement.
It is understood and agreed by and between the Subdivider and the City hereto that this
agreement shall bind the heirs, executors,administrators,successors and assigns of the
respective Parties to this agreement.
It is agreed that the Subdivider will fumish 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
KELLY V. GEARHART
MAYOR Allen K. Settle „
ATTEST:
CITY CLERK Bonnie Gawf
APPROVED AS TO FORM:
CLr,OCca 1�' L�.i.a.vr��
m CITY ATTORNEY Jeffrey G. Jorgensen
441TNG-4rVd
4
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EXHIBIT 1
TRACT 2248
EL CAPITAN
SUBDIVISION AGREE 4ENT
1. The Subdivider has deposited a monumentation guarantee in the
amount of $1, 500 . 00 to cover the installation of survey monuments
in accordance with the approved map and payment for same. Said
guarantee will be released to the Subdivider upon receipt by the
City of a letter from the Engineer indicating that they have
completed the work and have been paid.
2 . Park-in-lieu fees and sewer lift station fees have been paid,
as listed in the attached EXHIBIT 2 . The park-in-lieu fee rate is
based on single family homes. In view of the R-2 zoning and the
potential for adding another unit on each lot, a notice is being
recorded to advise the homeowners that additional fees will be
required if added units are built.
3 . Water and sewer impact fees shall be paid at time of building
permits through the Community Development Department per the fee
schedule in effect. at that time.
4 . The Subdivider shall install landscaping and fencing and be
responsible for the establishment of the landscaping for one year
after acceptance of the subdivision improvements and make
provisions for the homeowners to maintain the landscape screen on
lots 1 through 6 and 16 in compliance with Condition 24 of Council
Resolution No. 8616 (1997 Series) . Separate irrigation systems
shall be provided per the landscape plan to the satisfaction of
the City.
5. Traffic impact fees shall be paid at time of building permits
through the Community Development Department per the fee schedule
in .effect at that time per Code Requirement A of Council
Resolution No. 8616 (1997 Series)
6. The detention basin on Lot 16 shall be owned and maintained by
the property owner in accordance with condition 12 of Council
Resolution No. 8616 (1997 Series) and an agreement being recorded
with the final map.
7. Lot 15 is being dedicated to the City in fee. The subdivider is
responsible for installation of the pathway and pruning the trees
etc per the plans and per conditions 17 and 23 of Council
Resolution No. 8616 (1997 Series) .
8 . The subdivider has requested reimbursement for connections to
the water and sewer mains from properties outside of the tract on
the south side of E1 Capitan. (As provided in section 13 . 08 .040
and 16.44. 090 of the municipal code) The subdivider will submit a
certified statement of costs at the completion of the project for
a basis of proration of these costs.
44-s-9
EXHIBIT 2
TRACT 2248
EL CAPITAN
FEE AND BOND LIST
Bonds and Guarantees:
AMOUNT FORM OF SURETY DATE RECEIVED
BY:
Faithful Performance $420, 000 5/15/97
H.B.
Labor & Materials $210, 000 5/15/97
H.B.
50% of total cost
of improvements)
Monument Guarantee $1,500 5/15/97
H.B.
Fees:
Map Check Fee $2, 054 1/16/97
H.B.
Plan check Fee $3, 310 1/10/97
H.B.
Inspection Fee $15, 973 4/21/97
($1333 + 6 .10 of $240, 000) H.B.
Park-in-Lieu Fee $43,771 / L
(13 X 3367) * 011617 7
Sewer Lift Station Fee $1, 057.66 ��/G��7G
($131.55 X 3 X 2.68 Acres)
Water and Sewer & Traffic Impact Fees
(Due in conjunction with Building Permits)
* ($3367 is the current rate for single family homes. If future
homeowners wish to add a dwelling, they will be required to pay
the difference between this and the rate for two multi-family
homes which is currently $2, 669 X 2; the difference being $1, 971 ,
T2248 Subdivision Agreement
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RESOLUTION NO. 8616 (1997 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE TENTATIVE MAP FOR A RESIDENTIAL
AND COMMERCIAL SUBDIVISION ON EL CAPITAN WAY,
EAST OF BROAD STREET, CREATING 16 LOTS FROM TWO.
(Tract 138-96; County file no.Tr 2248)
WHEREAS, the Planning commission conducted a public hearings on December 11,
1996 and recommended approval of Tentative Tract Map 138-96; and
WHEREAS, the City Council conducted a public hearing on January 7, 1997 and has
considered testimony of interested parties, the records of the Planning Commission hearing and
action, and the evaluation and recommendation of staff, and
WHEREAS, the City Council finds that the proposed subdivision is consistent with the
General Plan, the Edna-Islay Specific Plan, the Zoning Regulations, Planned Development 46-96
and other applicable City ordinances; and
WHEREAS, the City Council has considered the draft Negative Declaration of
environmental impact with mitigation as prepared by staff and reviewed by the Planning
Commission;
BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows:
SECTION 1. The City Council finds and determines that the project's Negative
Declaration adequately addresses the potential significant environmental impacts of the proposed
project, and reflects the independent judgment of the City council. The Council hereby adopts the
said Negative Declaration and incorporates the following mitigation measures into the project:
1. Access to the future bicycle-pedestrian path from El Capitan shall be a minimum of fifteen
feet wide, to accommodate a sufficiently-wide pathway for both bicycles and pedestrians.
2. Noise reduction techniques shall be incorporated into the subdivision design to reduce
noise exposure to the two residences closest to Highway 227 to below 60 Ldn. Techniques used
shall be consistent with recommendations in the Noise Element and Noise Guidelines.
SECTION 2. Findings. That this Council, after consideration of Tentative Tract Map
138-96, and the Planning Commission's recommendations, staff recommendations, public
testimony, and reports thereof, makes the following findings:
1. The design of the tentative map and proposed improvements are consistent with the
general plan and with the Edna-Islay Specific Plan.
2. The site is physically suited for the type and density of development allowed in the C-S-S-
SP and R-2-PD-SP zones.
3. The design of the subdivision and the proposed improvements are not likely to cause
serious health problems, substantial environmental damage or substantially and
unavoidably injure fish or wildlife or their habitat.
7_4Gl G ��•/�
Resolution no. 8616 (1997 Series)
Tract 138-96 (County file no. TR 2248)
850 El Capitan
Page 2
4. The design of the subdivision or the type of improvements will not conflict with easements
for access through, or use of property within, the proposed subdivision.
SECTION 3. The tentative map for Tract 138-96 (County File no. Tract 2248) is
approved subject to the following conditions and code requirements:
Conditions:
1. All development shall be consistent with the Edna-Islay Specific Plan.
Public Right-of-Way
2. Street improvements shall consist of IIm [�36 ft] pavement (curb to curb), complete
frontage improvements along the northerly side of the roadway (1.8m [=6 ft] wide
sidewalk with integral curb & gutter), and a temporary asphaltic concrete berm along the
southerly curb, transitioning to accommodate existing curb & gutter, to the satisfaction of
the Director of Public Works.
3. Vehicular access rights along Broad Street, except at the driveway locations shown on
the tentative map, shall be dedicated to the City.
4. The subdivider shall dedicate a 1.8m [=6 ft] wide public utility easement and 3m [�10 ft]
wide street tree easement along all public street frontages, to the satisfaction of the
Director of Public Works.
5. Phasing of constriction of the new street shall provide for the ultimate structural street
section and pavement life (per the City's Pavement Management Plan) at the end of the
project, to the satisfaction of the Director of Public Works.
6. The subdivider shall install street lighting per City standards, including off-site street
lighting along roadways leading to and from the proposed development, as determined by
the City Engineer.
Water, Sewer & Utilities
7. Existing water wells may remain in use to serve only the lot on which the well is located.
Upon development, water well use shall comply with the City regulations and policies in
effect at that time. All applicable water and sewer impact fees must be paid for all
structures connecting to the City's water system.
8. All existing structures currently served by private sewage septic systems may continue to
utilize the systems until the system fails, the property is redeveloped or the property owner
desires to connect the City's sewer system. Applicable sewer impact fees will be required
to be paid at that time.
9. The proposed sewer serving this development is tributary to the Tank Farm/Rock-view Lift
�s-�3
Resolution no. 8616 (1997 Series)
Tract 138-96 (County file no. TR 2248)
850 El Capitan
Page 3
Station system; lift station fees will be charged accordingly. The lift station system is at
capacity and some improvement to the system will be necessary to accommodate this
development and/or a contribution to the improvements to the satisfaction of the Utilities
Director. Any work done on the system or contributions will be credited against the lift
station fees, as determined by the City Utilities Engineer.
10. Final grades and alignments of all public water, public sewer and storm drains (including
service laterals and meters) shall be subject to modifications to the satisfaction of the
Director of Public Works and Utilities Engineer.
11. The overhead utilities serving the existing structures within the tract boundaries shall be
removed and replaced with new underground service, to the satisfaction of the Director of
Public Works and utility companies.
Grading & Drainage
12. A detailed hydrology study indicating the effects of the proposed development on adjacent
and downstream properties will be required. The scope of the study must include analysis
of all existing public and private drainage facilities and creek capacities between this
property and an adequate point of disposal and shall make recommendations for
appropriate improvements that will reduce flooding. The development must be designed
so as not to increase floodine downstream; detention facilities will be required. All
proposed detention basin and drainage improvements, except those within a public street,
shall be privately owned and maintained by the owner of Lot 16.
If the study identifies on-site areas subject to 100-yr storm flooding, the developer shall
process and complete a Federal Emergency Management Agency Letter of Map
Amendment (LOMA), or, Letter of Map Revision (LOMR) prior to final acceptance of
any development. Any lots or building pads, identified in the hydrology study to be
subject to flooding during a 100-yr storm shall be graded to provide minimum pad
elevations of at least I foot above the 100-yr storm elevation. All areas subject to
flooding shall be documented.
13. The subdivider shall be responsible for performing any necessary clearing of existing creek
and drainage channels, tree pruning or removals and any necessary erosion repairs within
lot 15, to the satisfaction of the Director of Public Works, Army Corps of Engineers and the
Dept. of Fish & Game.
14. All lots shall be graded to preclude cross-lot drainage, or appropriate easements and
drainage facilities shall be provided, to the satisfaction of the Director of Public Works.
Traffic
15. Traffic impact fees shall be paid prior to the issuance of building permits.
Resolution no. 8616 (1997 Series)
Tract 138-96 (County file no. TR 2248)
850 EI Capitan
Pale 4
Trees
16. Street trees shall be planted on each lot at the time of development of each lot, per City
Standards and to the satisfaction of the City Arborist.
17. Some trees may require safety pruning by a certified arborist to the satisfaction of the City
Arborist.
Mapping and Miscellaneous Requirements
18. All boundary monuments, lot corners and centerline intersections, BC's, EC's, etc., shall be
tied to the City's Horizontal Control Nehvork. At least two control points shall be used and
a tabulation of the coordinates shall be submitted with the final map or parcel map. All
coordinates submitted shall be based on the City coordinate system. A 3.5" diameter
computer floppy disk, containing the appropriate data compatible with AutoCAD (Digital
Interchange Format, DXF) for Geographic Information System (GIS) purposes, shall be
submitted to the City Engineer.
19. A copy of all public improvement plans (record drawings) shall be submitted on 3.5"
diameter computer diskettes in a format compatible with the City's CAD system and shall
comply with the City's computer aided drafting standards (including but not limited to
layering, symbols, line weights and colors, stationing scale, etc.).
20. The final map, public improvement plans and specifications shall use the International
System of Units (metric system). The English System of Units may be used on the final
map where necessary (e.g. - all record data shall be entered on the map in the record units,
metric translations should be in parenthesis), to the approval of the City Engineer.
Noise
21. Noise mitigation techniques shall be incorporated into the subdivision design to reduce noise
exposure to the two residences closest to Highway 227, to below 60 Ldn. Techniques used
shall be consistent with policies in the Noise Element (Section 8.2).
Open space
22. The subdivider shall request annexation of the residential lots to the Santa Lucia Hills
Homeowners' Association (HOA) prior to the 1997 annual meeting, and make a reasonable
effort to obtain approval of such annexation. If such annexation is not successful, then Lot
15 shall be dedicated to the City of San Luis Obispo as public open space.
23. A 15'-wide minimum easement shall be provided, and an eight-foot-wide pathway .
constructed from the street through parcel 15, to connect to the railroad right-of-way,
adjacent to the east. Location of easement and pathway shall avoid removal of trees as
much as possible, and shall be to the approval of the Public Works and Community
Development Departments.
Resolution no. 8616 (1997 Series)
Tract 138-96 (County file no. TR 2248)
850 El Capitan
Page 5
Screening
24. A minimum ten-foot-wide landscape screen, including a six-foot-high fence, shall be
installed at the rear of lots adjacent to the State Farm site to the north, and to the proposed
commercial site adjacent to Broad Street, to minimize effects of noise and glare from the
parking lots.
Existing building
25. The existing building (shown on lot 2 of the subdivision) must be set back from new
property lines to meet Building and Zoning regulations.
Code Requirements
A. Traffic impact fees are required to be paid prior to the issuance of building permits.
B. Water& Wastewater fees are required to be paid prior to the issuance of a building permit
for construction on any lot.
On motion of Council M erber Williams, seconded by Council Mentes Ronero
and on the following roll call vote:
AYES: Council M arbers Williams, Romero, Snith and Mayor Settle
NOES: Vice Mayor Roa]nan
ABSENT: 1,Tone
the foregoing resolution was adopted this seventh day of January, 1997 and shall become effective
upon the date of final approval of Annexation no. 45 by the Local Agency Formation Commission
(LAFCo).
Mayor Allen Settle
ATTEST:
G'-
e L. GaCitrClej?k
�s i6
Resolution no. 8616 (1997 Series)
Tract 138-96 (County file no. TR 2248)
850 EI Capitan
Page 6
APPROVED AS TO FORM:
�'ty
or;p Jr J ensen
FOR RECORD USE ONLY
RECORDING REQUESTED BY and
WHEN RECORDED MAIL TO:
City Clerk
City of San Luis Obispo
990 Palm
San Luis Obispo, CA 93401 APN 076-421-019
AGREEMENT AND EASEMENT FOR MAINTENANCE O
OF DRAINAGE BASINS AND STRUCTURES.
This agreement is entered into between the CITY OF SAN LUIS OBISPO, a municipal
Corporation (hereinafter refereed to as City) and Kelly V. Gearhart, (hereinafter refereed to as
Owner)with reference to the following facts:
A. The 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:
Lot 16 of Tract 2248, in the City of San Luis Obispo, State of California according to map
recorded in book of maps, page. Office of the County Recorder of said
County.
B. Owner owns and operates a commercial enterprise on said Lot 16. Lot 16 contains a
privately owned and maintained storm water detention basin and appurtenant storm water
conveyance channels and structures constructed within a private drainage easement which
will accept and convey storm water runoff from El Capitan Way and all lots in Tract 2248.
C. City as a condition of said residential development, requires the creation of a drainage
maintenance agreement to serve said Lot 16 for the benefit of the City and the Owner.
The parties hereto agree as follows:
1. Owner and his heirs successors, and assigns hereby agree to comply with the following
terms and conditions.
(a) The owner of Lot 16, his heirs, successors and assigns will be responsible to
improve, maintain and keep in repair said storm water detention basin and storm
water conveyance channels and strictures to the satisfaction of the Public Works
Director.
b) Owner agrees that if the drainage facility covered by the agreement is not
repaired within 30 days of written notification by the Public Works Director that a
C��
deficiency exists, the City may exercise its option to make the necessary repairs
and recover full cost and expense, including reasonable attorney's fees from the
property owner or in the alternative to lien the property, at city's sole option..
(c) Use of Property- Indemnification. Owner hereby agrees to defend, indemnify,
protect and hold the City and its agents, officers, and employees harmless from and
against any claims asserted or liability established for damages or injuries to any
person or property occurring on the Property which arise from or are connected
with or are caused or claimed to be caused by the acts or omissions of the City
with respect to operation of a detention basin and related private facilities and all
expenses of investigation and defending against same; provided, however, that
owners duty to indemnify and hold harmless shall not include any claims or liability
arising from the established sole active negligence or willful misconduct of the
City, its agents, officers, or employees.
2. The parties agree that this agreement and 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.
PROPERTY OWNER(s): J
17
ignature Date
Kelly Gearhart Lenders consent to easment
6205 Alcantra Partial subordination OR 5166,5167, 5178,
Atascadero, CA 93422 Feb. 3, 1997 src 4.1
Chicago Title Company / CHICAGO TITLE COMPANY
By: Ir r. I .�. —� G'h( L: �[�� /?• 1 �� %ds�: U. f�
N ai\n a OfAce Name Office
William R. Betz, Assist. V.2
APPROVED: City of San Luis Obispo APPROVED AS TO CONTENT
Allen Settle, Mayor ..� / Jeff Je of gensen, City Attorney
(SIGNATURES MUST BE NOTARIZED)
950301/recordel
SUBORDINATION
Trustee's Consent to Agreement and Easement
CHICAGO TITLE COMPANY is a Trustee under Deed of Trust dated 2/13 199
executed by KELLY V. GEARHART recorded 2/28/97 as Instrument
Number(s)- 1997- 9820 of Official Records,in the Office of the County Recorder
of the County of San Luis Obispo,State of California. The deed of Trust encumbers the real property
described in the attached" A6-(1LgHgilT /fNU /tSr'!1zNTft lwvro,-PAVI,&wThe
"Agreement"). As the beneficiaryof said Deed of Trust,Trustee hereby consentato the execution and
recordation of the Agreement,and agrees that upon recordation of said Agreement,Trustee's and Beneficiary's
interests in said real property shall be subordinateto the Agreement.
SUBORDINATION
Beneficiary's Consent to Agreementand Easement
Go s' C is a Beneficiary under Deed of Trust dated 3 1997
executed by Yve�l y . C� c'%r,n v, r recorded a �'a t-� 011 as Instnmtent
Number(s) \V�l - o o�i 3 3k Z) of Official Records,in the Office of the County Recorder
of the County of San Luis Obispo,State of California. The deed zof Trust encumbers the real property
described in the attached'%�ersTrFs-vr Fng,1,14yrCf Avg.-//�i)iNC �STPG'lTG�El "(The
"Agreement"). As the beneficiary of said Deed of Trust,we(she,he)hereby consents to the execution and
recordation of the Agreement,and agrees that upon recordation of said Agreement, Beneficiary's interests in
said real property shall be subordinate to the Agreement.
NOTARY ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO)
On MAY 15, 1997 before me, the undersigned, a Notary Public in and
for said State, personally appeared JAMES H. MILLER, JR.
personally known to me (or proved to me on the basis of satisfactory evidence)
to be the person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his/her/their
authorized 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(s)
acted, executed the instrument.
WITNESS my hand and official seal.
' '`•��'� JACKIE LERNO
T
� COMM.07730493
® NOTARY PUBLIC-CALIFORNIA CO
FNE IN
SAN LUIS RINCI OBISPO COUNTY
My CanmlWon Exp.May 11,w
Signature
i
L'
NOTARY AaKNOWLEDGMOM
STATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO)
On MAY 15, 1997 before me, the undersigned, a Notary Public in and
for said State, personally appeared KELLY V. GEARHART
personally known to me (or proved to me on the basis of satisfactory evidence)
to be the person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his/her/their
authorized 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(s)
acted, executed the instrument.
WITNESS my hand and official seal.
r °�-°:' JACKIE LERNO
/ Cr g G COMM.0113M
CD ® NOTARY PUBILIC-CAUFORNIA W
j '° PRINCIPAL OFFICE IN M
j CCI SAN LUIS OBISPO COUNTY 1
(- ; .• ..:y Cnnuoe Em.May 11,2001
Signature --/
STATE OF CALIFORNIA,
}COUNTY OF San Luis Obispo S.S.
On Hay 16, 1997 before me, Sue Zakaria
a Notary Public in and for said County and State, personally
appeared William B. Betz
personally known t0 me (rU/0lkk6/1d/G( 1bA FOR NOTARY SEAL OR STAMP
thy!/���i�sl/dV/��tlsff, tdoSd/d�dklu to be
the person( ) whose name(i) is/*A subscribed to
the within instrument and acknowledged to me that
he/st>kANJ executed the same in his/defd"* SUE ZAKARIA
authorized capacity(iis), and that by hisIddr/ft/r "^Y Comm. #1130485
si nature on the instrument the erso Notary Public
9 ( P �� Or rza��. �:
the entityupon behalf of which the �t: California
p person(s) �.syy� SAM LUIS C9iSP0 COUNTY
acted, executed the instrument. ky Cort. Exytres IUr. 20. 2001 It
WITNESS my hand andlof'fcial seal.
Signature � 1e32�1�hLC-�
$ 9AYARTA
STATE OF CALIFORNIA,
COUNTY OF } S.S.
On before me,
a Notary Public in and for said County and State, personally
appeared
personally known to me (or proved to me on FOR NOTARY SEAL OR STAMP
the basis of satisfactory evidence) to be
the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their
authorized 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(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Signature
TE 160 Legal(2-94) �+•"'3
This form is furnished by Chicago Title Company
RECORDING REQUESTS Y
CHICAGO TITLE COMPANY
AND WHEN RECORDED MAIL TO i{
City Clerk
City of San Luis Obispo
990 Palm
San Luis Obispo, CA 93409
L
Escrow No. 239329 -iL
Order No. 239329 - AS
SPACE ABOVE THIS LINE FOR RECORDER'S 115E
GRANT DEED Assessor'
421 oe�i9N0t 2e�
THE UNDERSIGNED GRANTOR(S)DECLARES)
DOCUMENTARY TRANSFERTAX IS $-0-
Q unincorporated area ❑ City of
Q computed on the full value of the interest or property conveyed,or is
❑ computed on the full value less the value of liens or encumbrances remaining at time of sale,and
FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged,
KELLY V. GEARHART, a married roan as his sole and separate property
hereby GRANT(S) to
CITY OF SAN LUIS OBISPO
the following described real property in the City of San Luis Obispo
Countyof San Luis Obispo ,State of California:
LOT 15 OF TRACT 2248
Dated June 16, 1997 i✓
KELLY V. GEARHART
STATE OF CALIFORNIA
COUNTYOF SAN LUIS OBISPO ) SS
On JUNE 16 1997 before me,
a Notary Public in and for said County and State,personally appeared
KELLY V. GEARHART A.R�ENF �, STERN Q
LOmm. 05
Notary Public g
personally known to me (or proved to me on the basis of satisfactory California N
evidence) to be the person(s) whose name(s) is/are subscribed to the SAN LUIS OBISPO COUNTY
within instrument and acknowledged to me that he/she/they executed the NY C=L Expires Ntlr. 3. 20011
same in his/her/their authorized capacity(es), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of
which the persons)acted,executed the instrument.
WrrN my hand and official seal.
Signature of Notary FOR NOTARY SEAL OR STAMP
MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE: IF NO PARTY SO SHOWN, MAIL AS DIRECTED ABOVE
SAME AS RETURN ADDRESS SHOWN ABOVE
Name Street Address City,State&Zip
CZ2-0ero7/e4dt
1C.Sagy
-
Recording Requested By:
Chicago Title Company
When Recorded Please Return to:
COMMUNITY DEVELOPMENT DEPARTMENT
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA. 93401
NOTICE TO PROPERTY OWNERS
PARK-IN-LIEU FEES
FOR ADDITIONAL UNITS WITHIN
TRACT 2248
840-898 EL CAPITAN WAY
APN: 076420-019
NOTICE is as follows:
Owners of Lots 1 - 14 in Tract 2248 (840-898 El Capitan Way), as shown on the attached
Exhibit A, in the City of San Luis Obispo,shall be required to pay Park-In-Lieu fees at the
issuance of building permits for any studio apartment additions to their lots. If a homeowner
chooses to add a studio apartment to his or her lot(the maximum that can be added)he/she will
be charged$1,971 in park-in-lieu fees(currently the difference between twice the apartment
park-in-lieu fee [$2,669 X 21 and the single family fee [$3,367 being paid with the final map]),
adjusted in accordance with the consumer price index for subsequent years from the date of this
document.
If the homeowner chooses to add a 4th bedroom with no added kitchen,no park-in-lieu fee will be
charged.
This information is recorded simultaneously with the final map for Tract 2248, which is recorded in
Book and page of Maps, and is for informational purposes, describing conditions as of
the date of filing, and is intended to run with the land to any heirs and assigns.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true
and correct.
V —
Date 0 Pely earhart, subdivision owner
��S1J
Notice to property owners
Tract 2248
Page 2
Date Arnold Jonas, Community Development Director
City of San Luis Obispo
ALL SIGNATURES MUST BE NOTARIZED
State of California }
County of San Luis Obispo)
On J(A x\ Q - . 197, before me, T`C K l F �� �nT ,Notary Public,
personally appeared Kel\v V f c-� (— ((-)-personally known to me,or( )proved to
me on the basis of satisfact ry evidence,to be the person(s)whose name(s)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(ies)upon behalf of which the person(s)acted,executed the instrument.
Witness my •and and official seal
JACKIE LERNO
�
COMM.PUB 81100493 CD
s t "�� e NOTARY POBLIOFFICEIN W
�' PA:NCI?A10'FICE IN M
Notary �bli m SAN LUIS OB:SFO COUNTY
,mss.• My Conmle310A EV.May 11.2001
Capacity claimed by signer(s):
(L-individual(s) ( ) corporation ( )partnership ( )attorney-in-fact ( ) political agency
State of California }
County of San Luis Obispo}
On 19_,before me, ,Notary Public,
personally appeared , ( )personally known to me,or( )proved to
me on the basis of satisfactory evidence,to be the person(s)whose name(s)is/are subscribed to the
within instrument and 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(ies)upon behalf of which the person(s)acted,executed the instrument.
Witness my hand and official seal
Notary Public
Capacity claimed by signer(s):
( )individual(s) ( ) corporation ( )partnership ( )attorney-in-fact ( ) political agency
L4-5-.26
i\ l
2 1
\ %o
oNP, a�
a 1 2 aaa .
65 �Gap��ao
0
O lot hu.mbew
I
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s� Tract 2248
�S'�7
city of San WI S OBISPO
FINAL MAP APPROVAL CHECKLIST
PROJECT NAME __ �/FL C+P17-4 A," t3 Y
DESCRIPTION / 4 963/Oraiy?i�'L LOTS f CoMNLy¢[/iiL ¢ p/ Sy,
MAP NUMBER g— 2,249 SPECIFIC PLAN REZONING GEN.PLAN
USE PERMIT VARIANCE ARC OTHER
PUBLIC IMPROVEMENT CONDITIONS
# DESCRIPTION INITIAL DATE COMMENTS
1 GRADING Including planting & retaining walls
2 STORM DRAINS & DRAINAGE STRUCTURES
3 SEWERS S SERVICES
4 WATERLINES 3 SERVICES
5 1 FIRE HYDRANTS
6 CONCRETE
Curbs and Gutters
Sidewalks
Driveways
7 STREETS A PAVING
Pavement
Signing,striping and curb painting ir
8 NON-CITY UTILITIES
P.G.BE. — Electrical /G >7 S! /V Y L 60
Street Lights
Cable TV
Telephone Co.
1 Gas Company p
9 FEES RECEIVED(Water,Sewer) /6
10 PUBLIC IMPROVEMENTS payments received
11 AGREEMENT CONDITIONS have been met pp
12 MONUMENTATION is (dS O
13 i STREET TREES ii O
OFFSITE WORK
15 BONDIGUARANTEE deposited / Q
16 PARK dedication or in-lieu fees /6 Y
17 Deposit Account Status Ni!-
OTHER CONDITIONS
18 Board of Adjustments
19 Planning Commission
20 Architectural Review Commission
21 City Council
22 Abandonments
23 Other
ATTACH LIST OF CONDITIONS &SUBDIVISION AGRREMENT COMMUNITY DEVELOPMENT APPROV L
c
52.81 PUBLIC SERVICES APPROVAL x