HomeMy WebLinkAbout12/13/1999, C1 - FINAL MAP APPROVAL FOR TRACT NO. 1750 (UNIT 6), A 58-LOT RESIDENTIAL SUBDIVISION SPANISH OAKS DR., AT ORCUTT RD. [PARK VIEW-SAN LUIS OBISPO LP, SUBDIVIDER (HERTEL)] counciL Di�12-13 9
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CITY OF SAN LUIS O B I S P O
FROM:
Michael D. McCluskey,Director of Public Woriq
Prepared by: Jerry Kenny, Supervising Civil Engineer
SUBJECT:
Final Map Approval for Tract No. 1750(Unit 6), a 58-lot residential subdivision
Spanish Oaks Dr., at Orcutt Rd. [Park View-San Luis Obispo LP, subdivider(Hertel)]
CAO RECOMMENDATION:
Adopt resolution approving the final map for Tract No. 1750(Unit 6); accepting Lots
56, 57, &58 (creekway,bike, pedestrian and sanitary sewer purposes) and Open Space
easement within Lot 54.
DISCUSSION:
The parent tentative map for Tract No. 1750 was approved on Sept. 18, 1990 per Resolution No.
6874 (1990 Series). This unit is comprised of 53 single-family lots and 5 non-residential lots.
Lot 54 is being deeded to the owner of the adjacent Islay Hill open space parcel, with easements
reserved for drainage,Fire Department and public access to the Islay Hill to accommodate a
proposed trail system, and for open space, as provided for in the tentative map conditions. There
are deed restrictions and conditions on the lot that are identical to the existing open space
easement previously granted to the City. The lot will be merged with the existing open space
parcel,concurrently with recordation of this map,in accordance with the tract conditions.
Lot 55 is being deeded to the existing master Islay Hills Homeowners Association (HOA)for
maintenance of the area primarily under the major P.G.&E power lines. Lots 56- 58 are being
dedicated to the City in fee for: creekway,pedestrian and water main purposes; drainage and
sanitary sewer purposes; and public pedestrian purposes,respectfully. Lots 55 and 56 are subject
to existing PG&E easement rights to maintain high voltage overhead power lines and related
facilities.
CC &R's have been approved for"annexation" to the master HOA,which includes provisions
for maintaining drainage swales adjacent to Lots 27 through 47,the drainage and turtle corridor
through Lot 14 for common maintenance of the brow ditch, fire department access, drainage
facilities, and other prescribed map conditions. This Declaration of Annexation to the master
CC &R's will be recorded with the final map.
Railroad Bike Path Connection
A. Background
The Edna-Islay Specific Plan(FISP) and Tract 1750 tentative map require a connectio ywfn
Council Agenda Report- Final Map Approval for Tract 1750(Unit 6)
Page 2
the Edna and Islay neighborhood bike and pedestrian pathways to provide a convenient and safe
route between the Edna and Islay neighborhoods and parks. The EISP condition anticipated
using the existing large arch culvert under the railroad to connect to the Edna neighborhood
bike/pedestrian improvements on the west side of the railroad. The plans for Unit 5 incorporated
improvements to accomplish this goal. However, the necessary permit rights have not yet been
acquired from the UPRR to allow this work to be done. [See Attachments 4 and 5 for
culver/bikeway details)
The subdivider originally pursued the necessary rights from SPRR, but approval was denied.
Public Works Department staff subsequently pursued such approval on behalf of the developer
and the City, assuring the railroad that the City would maintain the creek channel and the bike
and pedestrian improvements within the culvert, including lighting,per the Edna-Islay Specific
Plan (EISP). The SPRR also denied the City request. A possible compromise was "suggested"
by SPRR staff,wherein the City would assume ownership and maintenance responsibilities for
the culvert.
The railroad has now been acquired by Union Pacific Railroad Company(UPRR). The
Subdivider and staff again pursued approval of these rights from UPRR,but there has been no
resolution regarding this matter as of this date. City staff met with California-based UPRR
representatives in Sacramento this month and have some level of expectation that a positive
response to the request may be forthcoming. However, at the time of this writing,no response
has been received. Any updated information received from UPRR prior to consideration of this
item will be conveyed at the meeting.
B. Eminent Domain Proceedings
This is the final unit of Tract 1750. Failure to acquire the "offsite rights/easement" (i.e., bike
path connection) would trigger a 120-day period in which the City would need to acquire the
rights for the Subdivider to construct these improvements or initiate eminent domain
(condemnation) proceedings against the UPRR,per California Government Code Section
66462.5 (part of the Subdivision Map Act- See Attachment 11) Failure to do so,would result in
the condition being automatically waived. Staff will continue to pursue the necessary approvals
without such action. However, if a favorable response has not been received from UPRR within
a reasonable timeframe (approximately 60 days), the City attorney would initiate eminent domain
proceedings.
The attached subdivision agreement provides for the possibility that eminent domain proceedings
may be necessary if an agreement is not reached between the City and the UPRR at the
Subdivider's cost. The resolution approving the final map authorizes the City Attorney to pursue
such action, if the rights have not been acquired.
C. Possible Alternative Route
An alternative route has been considered,which would involve a new exclusive tunnel under the
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Council Agenda Report- Final Map Approval for Tract 1750(Unit 6)
Page 3
railroad from within the detention basin (10 ft. minimum diameter) outside of the creek channel—
where drainage and access via stairs could be avoided. However, the total cost of this alternative
is substantially more than the cost to modify the existing culvert, as prescribed in the EISP and
tract conditions (preliminary estimate is $500,000). UPRR approval would still be necessary.
If the City Council, at its discretion, determines that this alternative alignment would be more
desirable as a result of negotiations with UPRR than using the proposed culvert crossing, the
Subdivision Agreement provides for payment to the City of the amount attributable to the
Subdivider's cost to construct the current approved design, as determined by the Public Works
Director. This amount has been established at$40,000. All additional costs to construct this
alternative would have to be budgeted under a CIP project or outside funding secured, possibly
from a grant program.
Failure to negotiate an agreement or acquisition by condemnation could still result in the culvert
being used"illegally"by citizens who wish to traverse between the neighborhoods -without any
improvements "within the culvert". This would not be an easy route,due to the standing water
within the culvert for most or all of the year(due to downstream creek limitations).
Other Issues
An upstream pedestrian bridge across the creek is being installed in connection with this unit,
which provides a direct link to Islay Park, near Orcutt Road. A new vehicular bridge and
widening of Orcutt Rd. are currently under construction as a condition of an earlier unit (Unit 4).
This will provide a safe intersection and"looped"access for Spanish Oaks Dr.,which serves
Units 5 and 6 and connects with the adjacent"Islay"neighborhood. Re-vegetation and
enhancement of the creek corridors in accordance with the adopted "Creek Concept Plan"and the
"Turtle Study" are incorporated into this project.
All fees and bonds have been received, as noted in the Fee and Bond List attached to Exhibit A
of the attached subdivision agreement. The improvement plans have been approved and
construction is currently underway. The subdivider has, therefore,complied with all of the
conditions of this unit,except for the offsite acquisition (bike path connection)described above.
The final map has been checked and found to be in substantial conformance with the tentative
map.
ALTERNATIVES:
Option 1: Deny approval of the final map if the Council finds that any
conditions have not been satisfactorily met.
FISCAL IMPACT:
Normal maintenance of public streets, a pedestrian bridge,public storm drains, sanitary sewer
and water facilities,bike and pedestrian paths and creekway.
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Council Agenda Report-Final Map Approval for Tract 1750 (Unit 6)
Page 4 - --
CONCURRENCES:
The Community Development Director,Utilities Director and City Attorney concur with the
recommended action.
Attachments:
1 -Draft resolution and subdivision agreement
2. Maps
3 -EISP conditions/pedestrian abd bikeway circulation
4-Bikeway connection to RR
5 -Bikeway section within RR culvert
6- Deed for Lot 56, 57 & 58 to City.
7 -Open Space Easement to City (within Lot 54)
8 Common Driveway Agreement
9_Final Map Checklist
10-Resolution.No. 6874 (1990 Series)
11 - Subdivision Map Act excerpt(Government Code Section 66462.5)
12-Deed to Islay Hill HOA(Lot 55)
13 -Deed to R.Rossi (Lot 54)
14-Notice of Requirements (to be recorded)
I:\Council Agenda Report\Fiinal Map approval-T1750(Unit 6)
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RESOLUTION NO. (1999 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT NO. 1750(Unit 6)
WHEREAS,the City Council made certain findings concerning Tract 1750, as contained
in Resolution No. 6874 (1990 Series), and
WHEREAS, Conditions 2 and 37 of said Resolution No. 6874 (1990 Series)require the
developer to secure access and improvement rights to construct bikeway improvements within
the existing railroad right of way,which has thus far been denied by the owner(Union Pacific
Railroad Co.), and
WHEREAS, all other conditions required per Resolution No. 6874(1990 Series) for Unit
6 of said Tract No. 1750 have been satisfactorily met or are guaranteed under the attached
Subdivision Agreement (Exhibit A) and surety to guarantee Faithful Performance ($1,090,000
total) and payment for Labor&Materials ($ 545,000 total).
NOW THEREFORE,BE IT RESOLVED that final map approval is hereby granted for
Tract No. 1750(Unit 6) and the Mayor is authorized to: 1) execute the Subdivision Agreement
and 2)accept the grant deeds for Lot 56(Creekway),Lot 57 (Drainage& Sanitary Sewer
purposes), and Lot 58 (pedestrian path to Islay Park)in fee title and the Open Space Easement
over Lot 54, on behalf of the City; 3)execute the Common Driveway Agreement affecting Lots
27, 28 and 29,which is to be recorded concurrently with the final map.
The Public Works Director shall pursue acquisition of the above-referenced access and
improvement rights from Union Pacific Railroad Company(UPRR) for the Subdivider to install
the required bike and pedestrian path improvements within the UPRR right of way and arch
culvert.
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Resolution No. (1999 Series)
Page Two
If such rights are not secured within sixty(60)days of this date, the City Attorney is authorized
to pursue eminent domain proceedings against the UPRR, pursuant to Section 66462.5 of the
California Government Code (Subdivision Map Act). The Subdivider has posted a fifty thousand
($50,000) dollar Letter of Credit as a deposit towards applicable costs to process this action, in
accordance with the attached Subdivision Agreement. Failure to acquire the rights by eminent
domain,or otherwise, shall be cause for waiving Condition 37 as the Subdivider's responsibility;
except that the Subdivider shall pay$40,000 to the City to pursue an alternative connection
between the Edna and Islay neighborhoods, as prescribed in the Subdivision Agreement.
On motion of seconded by and
on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this day of , 1999.
ATTEST: MAYOR Allen K. Settle
CITY CLERK Lee Price
APPROVED AS TO FORM:
,WJefj$y G. Jorgensen
IACouncil Agenda I2eportsOinal map approval resolution-Tract 1750(U6).
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q
SUBDIVISION AGREEMENT
THIS AGREEMENT is dated this day of by and between Park
View-San Luis, LP., A.California Limited Partnership, 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 1750; Unit 6, City of San Luis Obispo., California, as
approved by the City Council on the _ day of ' 19—.
The Subdivider desires that_said Tract No. 1750, Unit 6, be accepted and approved as a
Final Map pursuant to the Subdivision Regulations of the City of:San Luis Obispo (Tie 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 AN CQNDMQNS_
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 A14D SIDEWALKS
2. STREET BASE AND SURFACING
3. WATER MAINS and SEWER MAINS, including sewer laterals to the property line and
water services to the curbstop.
4. DRAINAGE STRUCTURES
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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.
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
2
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Land Surveyors Act, Chapter 15 of the Business and Professions Code of the State of Califomia.
The Subdivider has submitted an instrument of credit or bond approved by, and in favor of
the City of San Luis Obispo, as security for the performance of this agreement, and conditional
upon the faithful performance of this agreement. Said instrument of credit or bond shall be in the
total amount of $ 1,090,000.00, 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 Govemment Code
of the State of Califomia, 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 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
50%of the above described subdivision improvements in accordance with State law.
Said Subdivider has paid a total inspection fee of $27,815.00, for City to inspect installation of
3
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said subdivision improvements, and verify 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 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 furnish copies of the successful bidders contract unit
prices and total bid prices for all of the improvements herein referred to.
IN WITNESS WHEREOF,this agreement has been executed by.
SUBDIVIDER:
Park View-San Luis Obispo, L.P., a
Cafrfomia Limited Partnership,
By: MS IVSEPII GP, LLC, a California
Liability Company, General Partner
By: Hearthstone , a
Califomia Corporation, Manager
Dated: 3 `/`/
c_te a-`i��d,,--
Dated:
4
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NOV-24-1999 WED 10:39 Ella HEE. ;TONE ADVISORS FAX NO. 415 1519 P. 03
• 1��� JiQ.�I — 5�.- L�� s ob:spo , G.P .
said s'""'s'" lmpmwment5,and verily that they have been completed in
pI aoro►dartce with the
plans and epecficaticns.
Title 16 of the San Luis Obispo LWciPal Code, entitled 'Subdivision; all plans and
spedfications on fie with said Cay Engineer as a part of said Subdivision Map. and all other
docummft Mod with the CilY by the SUIxWer and approved by the
CitY Engineer are hereby
referred to for huffier parbagm In interpreting and ddbft the obligations of the Subdivider
under this agreement.
It is Undersbod and agreed by and between the SabdMder anti the City hereto that this
agreement snap bind the heirs, executors, admkjs4atprs, suooessors and assigns of the
Tespective Parties to ihis agreement
R is agreed that the Subdivider will fw&h copies of the suooessful bidders oaMract unit
prices and total irld prices for ap of the improvements herein referred to.
IN WrrW-SS WHEREOF.this agreement has been exewted by.
SUBDIVIDER:
Park Vwf-Sart L.tes Obispo,LP.,a
Caftfr a Limited Partnetship,
By:MS IUSEPII GP,LLC,a California
Vab'rdy Company.General Partner
BY Hearthstone luta., a
� Carifomia Corporatlon,Manager
Datectd
Dom: -- 11 J. A Prq
4 C1-11
CITY OF SAN LUIS OBISPO
MAYOR Allen K. Settle
ATTEST.
CITY CLERK
APPROVED AS TO FORM:
r0ft?lNEY0(ffrey0. Jorgensen
APPROVED P TO CONTENT:
X
PUBLIC WORKS DIRECTOR
Michael D. McCluskey
5
01.42
EXHIBIT 1
TRACT 1750(Unit 6)
SUBDIVISION AGREEMENT
The Subdivider has paid a sewer lift station fee for Rockview-Tank Farm sewer lift station of $4,120.15
(10.44acres x$131.55 x 3),per Conditions 20 and 22 of Resolution 6874(1990 series).
2. The Subdivider has paid water acreage fees of$ 20,880.00(10.44acres x $2,000/acre) (Fee updated to 1998 a
2.5%per year)prior to recordation of the final map,per Condition 22 of Resolution 6874 (1990 series).
3. The prior dedication and improvement of the 10.76 acre Islay Park, per Conditions 35 and 36 of Resolution
6874(1990 series) fulfills the purpose of park dedication requirements for this unit of Tract 1750.
4. The Subdivider has performed the notification requirement regarding potential water shortages for all lots on
the Final Map,per Condition 42 of Resolution 6874(1990 series).
5. The Subdivider has prepared Covenants, Conditions and Restrictions (CC&R's) to annex this phase into the
master homeowners association per Condition 44 of Resolution 6874(1990 series).
6. The Subdivider has submitted a monumentation guarantee of $5,500.00 to cover the installation of survey
monuments in accordance with the approved map and payment for same. Said deposit will be released to the
Subdivider upon receipt by the City of a letter from the Engineer/Surveyor indicating the work has been
completed the work and payment has been made.
7. Pursuant to Government Code Section 66474.9, the Subdivider shall defend, indemnify and hold harmless the
City and/or its agents, officers and employees from any claim, action, or proceeding against the City and/or its
agents, officers or employees to attack, set aside, void, or annul, the approval by the City of this subdivision,
Tract 1750, and all actions related thereto, including but not limited to environmental review and adoption of
Ordinance No. 1179(PD 1449-B).
8. Transportation impact fees are payable per Condition 52 of Resolution 6874 (1990 Series) and pursuant to
Ordinance No. 1256(1994 Series)prior to issuance of building permits.
9. The subdivider shall convey Lot 54, (open space), to the owner of the adjacent open space in fee to be merged
with the Islay hill property, with the same provisions and restrictions of open space as per existing agreement
on the adjacent property, simultaneously with recordation of this final map.
10. Per condition 5 of Resolution 6874 (1990 Series), "Me subdivider shall pay $60,000 to the city for a fast
response vehicle with off road capability, to serve this area. Payment of $60,000.00, adjusted for inflation
between tentative map approval and time of payment, shall be made prior to approval of the final map for
phase 6. ($60,000.00+3% interest compounded annually=$78,28639)
11. Per condition 37 of Resolution 6874 (1990 Series), '"The developer is responsible for securing access and
improvement rights, including maintenance by the City, for the bicycle path under the railroad."
The above-referenced access and improvement rights have not yet been acquired by the Subdivider. City staff is
currently pursuing such rights with Union Pacific Railroad Company (UPRR). In accordance with California
'overnment Code Section 66462.5 (Subdivision Map Act) provisions, the City will acquire such rights or file
.minent domain proceedings on behalf of the Subdivider, within 120 days of the date of final map approval for
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6
this unit of Tract 1750. The sub4.rider has submitted a letter of credit in the amount of fifty thousand
($50,000.00) dollars as a good faith deposit to guarantee payment of any and all applicable costs associated with
this acquisition. Any additional costs shall be paid to City within 30 days upon demand and/or prior to
acceptance by the City of the improvements for this unit of Tract 1750.
In the event the City, at its sole discretion, finds and determines that an alternative alignment would be more
acceptable and/or feasible (through its negotiations with the UPRR) than utilizing the proposed culvert crossing
under the UPRR right of way, the Subdivider agrees to pay to City the amount attributed to the Subdivider's
costs to improve the current design utilizing the UPRR culvert, as determined by the Public Works Director.
This amount is forty thousand ($40,000) dollars and would be payable prior to acceptance of the improvements
and release of surety by City for this tract.
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EXHIBIT 2
TRACT 1750-6
FEE AND BOND LIST
"Bonds" - Improvements:
Amount Form/Surety Received
1. Faithful Performance (required prior to recordation)
100% Public Improvements & Infl. & Contingency
(American Motorists Ins. Co.)
On-Site Improvements $ 990,000.00 Bond/#3SM95990500 11/29/99
Creek Bridge & misc Improvements $ 100,000.00 Bond/#3SM95990600 11/29/99
TOTAL $1,090,000.00
2. Labor & Materials (required prior to recordation)
50% of Faithful Performance
On-Site Improvements $ 495,000.00 Bond/#3SM95990500 11/29/99
Bridge & Misc Improvements $ 50,000.00 Bond/#3SM95990600 11/29/99
TOTAL $ 545,000.00
3. Monumentation Trust Deposit $ 5,500.00
Account No.
Fees - (paid with final map)
A. Sewer Lift Station Fee $ 4,120.15 052-0017-074-030 11/29/99
10.44AC x $394.65/Ac
B. Water Acreage Fees $ 20,880.00 050-0017-071-020 11/29/99
10.44Ac x $2,000/Ac
C. Opticom Device $ 10,000.00 001-0015-045-080 11/29/99
D. Off Road Vehicle (Condition 5) $ 78,286.39 11/29/99
($60,000 + 38 compound interest)
Plan Checking and Inspection Fees
Plan Checking Fee $ 18,603.00 001-0015-046-010 1/26/99
Construction Inspection Fee - Deposit $ 10,000.00 001-0015-048-030 9/22/99
Construction Inspection Fee - Remainder $ 17,815.00 001-0015-048-030 11/29/99
F. Map Checking Fee $ 3,400.00 P&d � 9
Eminent nent domain deposit: UPRR $ 50,000.00 ktOYlb+�1
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pedestrian and bicycle circulation
A network of bike paths and pedestrian trails is planned for the Edna-Islay '.a
neighborhood. The design of this system tries to separate bike riders from
streets that have heavy traffic. To do this, trails will be developed along
the major creeks, in the parkway along Tank Farm Road and in the linear
parks. This should make bicycling safer in the area.
More importantly, the bike trails and pedestrian paths will provide
convenient and enjoyable connections between housing areas, parks and the
neighborhood shopping center on Highway 227. Bike paths will also link up
with regional bikeways on Edna Road.
Within the planning area the following principles will guide the design and
construction of bicycle and pedestrian paths.
- The locations of bike paths are shown on the land use and circulation
map at the end of this report. Minor changes to this system may be
made when the area is developed. However, the basic concepts of
connecting the Edna and Islay areas under the railroad at the southern
creek and along Tank Farm Road should be retained— When plans for
Phase 3 of the Islay Area are submitted to the city, the city may
decide that the bike paths should be located within the proposed
development and not within sections of Tank Farm Road where the road
grade exceeds 5%.
- The general design of bike paths and pedestrian trails along creeks,
linear parks and Tank Farm Road is shown on igures , 17 through 20,
23 and 24. The bicycle/pedestrian under ass at the south creek
railroad crossing will utilize the existing large cu vert at that
`location. Bike paths adjoining the local street immediately south of
Tank Farm Road will be separated from the roadway and integrated with
sidewalk areas similar to the proposed parkway treatment for Tank Farm
Road.
Bike/pedestrian and equestrian trails will also serve a dual role as
access for City maintenance crews and equipment. They should therefore
be designed to accommodate this secondary use.
- Sidewalks will be installed in a manner that is consistent with current
city�policy.
Cl-20
57
TRACT 1750 PHASE 4
�,... ROV/EMENT PLANS FOR
ROAD, CUL VERT, BIKE PA TH
LANDSCAPING FOR THIS ARE `
AND SEWER TO LOTS #1-5
GONSTieUGY 6.4G1/�9N�2E0 ' = / 58
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RAILROAD CULVERT = FUTURE BIKE LANE CONCEPT -
Nolm . . - .
t- APPRI "lar sac WS of WVOWW AEOUaED suv aC1kRT-
PUWaSE_ TO PROVIDE 8111ffPATH PLM VIER LPRIMMM RWm Owls 1+0ACCESS TrW RARROAD CLLVERT AT MAY CFM
E MWT DIMLY - MO SCALE o LUIS OWv COUNTYTALIF�Aow Des= GROW AIIC RM DESIGN GROUP
Sn POMEA SRT
i"SAM UAS SPO. CA 97401
N 3> 12 of 12DAZE: SEPT. 19:16
RAILROAD CULVERT
FUTURE BIKE LANE .CONCEPT
NOT 70 SCALE
RECORDING REQUESTED BY: and
-'HEN RECORDED MAIL TO:
.,ity of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
DOCUMENTARY TRANSFER SPAC ABOVE THIS LINE FOR RECORDER'S USE
(X) Computed on the consideration or value of property conveyed;OR
( ) Computed on the consideration or value less liens or encumbrances '
( ) remaining at time of sale. Signature of Declarant or Agent determining tax-Firm Name-
AP . 53-091-3
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
PARK VIEW-SAN LUIS OBISPO,L.P.,A CALIFORNIA LIMITED PARTNERSHIP
hereby GRANT(S)to
THE CITY OF SAN LUIS OBISPO,
a California Chartered Municipal Corporation
the real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, more
articularly described as follows:
Lots 56, 57 and 58 of Tract 1750, Unit 6, in the City of San Luis Obispo, County of San Luis Obispo, State of
California,according to map recorded , in Book Page of Maps, in the office
of the County Recorder of said county.
Dated:November 18, 1999
Park View-San Luis Obispo,L.P.,
a California limited partnership
By: MSII/SEPII GP, LLC,a California Limited
Liability Company, General Partner
By: Hearthston a Californ70--yr-
Markiporath,
ration,Manager
N �Senior Vice Presiden
lel
Stephanie Stankus,Vice President
C1-23
State of Califo
County of 6W-
2 g 9 before me, Notary Public personally appeared
a- 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
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(ies)upon behalf of which the person(s)acted,executed the instrument.
WITNESS my hand and Official Seal
Ric i"v Fubtc-carfcxnia
Las Angeles Courdy
S t^'Ccan.'rLE:VrmOCf23.2M2 Q
Signa
ABOVE R£SFRVED FOR OFFICIAL NO URY SEAL
MAIL TAX STATEMENTS TO: Same address as shown above
C1-24
Recording Requested By:
First American Title
When Recorded Mail To:
- City of San Luis Obispo
City Clerk's Office
P.O.Box 8100
San Luis Obispo,CA 93403-8100
OPEN SPACE EASEMENT
This indenture, made and entered into this=day of , by and between
Robin L. Rossi, Trustee of the Robin L. Rossi Living Trust dated October 20, 1990, hereinafter
called "Owner"and THE CITY OF SAN LUIS OBISPO,a municipal corporation of the State of
California, hereinafter called "City."
WITNESSETH
WHEREAS, Owner owns that certain property situated in the City of San Luis Obispo, county of
San Luis Obispo, State of California, hereinafter described as "the subject property,"and more
particularly described as Lot 54 of Tract 1750, Unit 6, in the City of San Luis Obispo, County of
San Luis Obispo, State of California, according to map recorded in book
, Page of Maps, in the office of the County Recorder of said county, and by
this reference incorporated herein; and
WHEREAS,the subject property has certain natural scenic beauty and existing openness; and
WHEREAS, Owner is willing to grant an easement to the City of 19,193.04 square meters
beyond the City's urban reserve line which would be preserved in its present scenic beauty and
existing openness by the restricted use and enjoyment of said property by the Owner through the
imposition of a perpetual open space easement with conditions hereinafter expressed;and
WHEREAS,the Owner of said property submitted plans and Final Map for said development as
required by City ordinance; and
WHEREAS,the City approved said plans and Final Map including a grant to the City of a
perpetual open space easement on a portion of said property; and
WHEREAS,the Owner is willing to grant the perpetual open space easement on said 19,193.04
square meters as part of the subdivision approval; and
WHEREAS,the Owner has supplied City with a Title company Preliminary Title Report listing
all trust deed beneficiaries and mortgagees, if any,under prior recorded deeds of trust and
mortgages on the subject property,a copy of which is attached as Exhibit"A"and incorporated
herein.
fJ'irG�i�c k't�7 C1-25
NOW THEREFORE, in consideration of the premises and in compliance with Chapter 6.5 of
Part 1 of Division 1 of Title 5 of the Government code of the State of California, commencing
with Section 51070, and in further consideration of the mutual promise, covenants and the
conditions herein contained and the substantial public benefits to be derived therefrom, the
parties hereunto agree, as follows:
1. Owner hereby grants to the City a perpetual open space easement in and to said Lot 54 of
Tract 1750, Unit 6, said grant of perpetual open space easement conveying to City an
estate and interest in said real property of the nature and character and to the extent
hereinafter expressed and resulting from the restrictions hereby imposed upon the use of
said property by Owner for the purpose of maintaining said property in a natural open
space character, consistent with the Edna-Islay Specific Plan. To that end, and for the
purpose of accomplishing the intent of the parties hereto, Owner covenants on behalf of
himself, his heirs, successors, and assigns with the city, its successors and assigns to do
and refrain from doing severally and collectively upon Owner's property any of the
various acts hereinafter mentioned.
2. The restrictions hereby imposed upon the use of said property by Owner and the acts
which Owner shall refrain from doing upon the said property in connection herewith
are,and shall be as follows:
A. No structure will be placed or erected upon said premises except public water
storage and appurtenance for agricultural uses consistent with the open space
character and intent of this document and consistent with Edna-Islay Specific
Plan.
B. No advertising of any kind or nature shall be located on or within said
premises.
C. Owner shall not plant nor permit to be planted any vegetation upon said
premises except as may be associated with erosion control or agricultural uses
consistent with the provisions of this agreement. Permitted uses shall include,
but not be limited to grazing and related activities or other agricultural uses
permitted by the City Council.
D. Except for the construction, alteration, relocation and maintenance of public
utility facilities and easements,the general topography of the landscape shall
be maintained in its present condition and no topographical changes shall be
made.
E. No use of said described premises which will or does materially alter the
landscape or other attractive scenic features of said premises other than those
above specified shall be done or suffered.
C1-26
F. Owner shall not cut timber,trees or other natural growth, except as may be
approved by the City Community Development Director for fire protection,
thinning, elimination of diseased growth, or similar protective measures.
G. Owner shall not extract natural resources from said premises except for
development of water rights.
H. No lot split shall be permitted.
I. Solid fencing with the open space shall not be allowed. Fencing design shall
be appropriate to open space preservation and shall be approved by the
Director of Community Development of the City of San Luis Obispo.
3. The following property right in said property are hereby excepted from this grant and are
reserved to Owner:
A. The right to use and occupy said land shall be limited to grazing and related
activities or other agricultural uses as may be approved by the City. No
vegetation other than that necessary for erosion control or permitted for
agricultural uses may be planted.
B. The right to construct a trail system in accordance with the Edna/Islay
Specific Plan.
C. The right to develop and maintain public and private water wells and supply
lines.
D. The right to construct a domestic water tank, supply line(s), access road, and
associated appurtenances in accordance with Edna/Islay Specific Plan. The
exact location of the tank and access road may be adjusted due to soil and
geological conditions, master plan layout constraints,physical access, and
technical and visual issues. The final location shall be approved by the
Director of Community Development of the City of San Luis Obispo.
E. The right to access and maintain all existing private roads,bridges,trails and
structures upon said land.
F. The development and operation of an equestrian center as may be authorized
by conditional use permit pursuant to the Edna/Islay Specific Plan and the
approved and recorded final map for Tract 1750,Unit 6.
4. Land uses permitted, or reserved by this instrument shall be subject to the regulation
policies and ordinances of City regulating the use of said land.
5. This easement shall remain in effect in perpetuity.
C1-27
6. Notwithstanding any provisions herein, this grant of an open space easement shall in
no way restrict the construction of, nor the right of Owner to permit construction of,
public service facilities installed, or to be installed, for the benefit of the land which
is the subject of this grant, provided such facilities are installed, or to be installed,
pursuant to an authorization of the City Council.
7. Nothing in this agreement will prevent any facility from being constructed or
maintained if that facility is approved as part of a project approved with the
Edna/Islay Specific Plan.
8. This open space grant is intended to coordinate with pending and future projects
within the Edna/Islay Specific Plan area. It is agreed by all parties that when final
tract boundaries adjacent to the northerly boundary of this open space easement are
established and approved by the City Council,the open space parcel and easement will
be adjusted. The adjustment will match the future Tract boundary utilizing the
lot line adjustment process and the boundary of this open space easement will be
amended to coincide with the adjusted lot line.
9. This grant may not be abandoned by the City except pursuant to all of the provisions of
Section 51093 of the Government code of the State of California.
10. This grant of open space easement, as specified in Section 51096 of the Government
Code of the State of California,upon execution and acceptance in accordance with
Chapter 6.5 of Part 1 of Division 1 of Title 5 of the government code of the State of
California commencing with Section 51050, shall be deemed to be an enforceable
restriction with the meaning of Article XXVIH of the constitution of the State of
California.
11. The trust deed beneficiaries and mortgagees, if any, listed on the Preliminary Title
Report referred to above, and which signatures are affixed hereto,do hereby assent
to this grant of an open space easement and, further, do hereby subordinate their
respective interests to the restrictions imposed by this grant.
12. The terms contained herein shall be binding on the parties hereto and their
successors and assigns.
13. This open space easement shall be effective upon the effective date of recordation
of the Final Map of Tract 1750,Unit 6.
C1-28
IN WITNESS WHEREOF, the parties hereto have executed this document on the day and
year first above written.
O
AAJ11-- -��
Rin L. Rossi, Trustee of the Robin L. Rossi
L g Trust dated October 20, 1990
State of California
Countyof5AVOW, OS kllV-0-
On before me, DaaflAJEDOe dY1 ye a!S Notary Public
personally appeared RObllr� 4.RDSSI 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 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(ies) upon behalf of
which the person(s)acted,executed the instrument
WITNESS my hand and Official Seal DOMIAJMMVM
Coernhdonitt1 AS
tmuft bUpsCOLFft
MyCamm E g' Doea.t99i
ti4fnaiiiie
ABOVE RESERVED FOR OFFICIAL NOTARY SEAL
C1-29
Recording Requested By and
When Recorded Mail To:
City of San Luis Obispo
Conmmnity Development Department
990 Palm Suint
San Luis Obispo.CA 93401
A-P.N. 53-091-37
GRANT OF EASEMENT AND AGREEMENT FOR COMMON
PRIVATE DRIVEWAY
(One Easement, One Party)
This agreement is entered into between the CITY OF SAN LUIS OBISPO, A CALIFORNIA
CHARTERED MUNICIPAL CORPORATION (hereinafter referred to as °City"), and Parkview-San
Luis.L.P.,a Cali fomia Limited Partnership(hereinafter referred to as"Owner(s)"),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 17, 28, and 29 of Tract 1750, Unit 6, in the City of San Luis Obispo, County of San Luis
Obispo,State of California, according to map recorded ,in
Book . Page Of Maps,in the office of the County Recorder of said county.
B. Owner desires to construct residences on each of said lots; and
C. City, as a condition of said development, requires the creation of a common driveway
agreement 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
Exhibit"A" for the use and benefit of said lots.
2. Owner and his heirs and assigns hereby agree to comply with the following terns and
conditions:
(a)The owner(s)of Lots 27,28, &29 , its heirs and assigns will be jointly responsible
to improve,maintain and keep in repair,said driveway, in the following manner:
The owner(s)of Lot 27 shall be responsible to maintain 1000/6 of said lot's frontage,50%
of Lot 28's frontage and 33%of Lot 29's frontage. The owner(s)of Lot 28 shall be responsible for 50%
of Lot 28's frontage and 33%of Lot 29's frontage. The owner(s)of Lot 29 shall be responsible for 34%
of Lot 29's frontage.
(b)Prohibit all parking on the common access portions.
�� C1-30
1
(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, and 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 (If none is required,write "none".)
SEE ATTACHED SIGNATURE
BLOCK
Attachement to"Grant of Easement an Agreement for Common Private Driveway"between the City of
San Luis Obispo and PARKVIEW-SAN LUIS,L.P., a California limited partnership.
C1-31
PARKVIEW-SAN LUIS,L.P.
a California limited partnership
By: MSII/SEPII GP, LLC,
a California limited liability company
General Partner
By: Hearthstone,
a California corporation
Manager
(r
Stephanie StankusV
s,L, icePresident
By: See C74a C /'e ' J
Mark Porath, C.F.O., Sr. Vice President
------------------------------------------------------------------------------------------------
State of Caifo
County of t&d } 7(/
On By- r!n� 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
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. ;;
C.
Notary Pu lic
C1-32
NOV-24-1999 WED l U:sl All htM I'1iS] t AUv ibm HiX IVU. 415 �-iy l o l a r, uc
r
` P r.J � M^49 r� �r --4 At wl
o/ 1
11'ARKVIXW-SAN LUIS,L.P.
a Califomia limited partnership
By: MSIIlSEPII GP,LLC,
a Califonua limited liability company I t
General Part=
By artbsto
U�
a �S
a Califiomia c
corporation
Manar_,er
Stephanie Stankus.v Pr 'dent
By:
Mark P a,,C.F.O.,Sr. ice President
State of Califomis }
County of__ }
On 19---,before me,
Notary Public,personally appeared ( )personally
known to me or( )pmved io me an the basis of satisfactory evidence to be the person(s)whosc nmme
isfwc suubscttfed to fire within hwrament and ardnwwledgod to me that(s)bellhey executed the same im
hWhefhheir capacity(ics),and that by hisThcrhheir sign Un(s)on the instnanent the person($)or the
entity upon behalf ofwbich the person acted,executed the instrument
Wimcss my hand aid official seaL
Notary Public
C1-33
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C1-34
of
city of san Luis OBISpo
AI FINAL MAP APPROVAL�- 0 L CHECKLIST
PROJECTNAME ARROYO VISTA ESTATES @ ISLAY HILL
DESCRIPTION 58 LOT SUBDIVISION .
MAP NUMBER Tr.1750-6 SPECIFIC PLAN REZONING GEN.PLAN
USE PERMIT VARIANCE ARC OTHER
PUBLIC IMPROVEMENT CONDITIONS
# DESCRIPTION INITIAL 'DATE COMMENTS
1 GRADING Including planting &retaining walls L
2 STORM DRAINS&DRAINAGE STRUCTURES /( -To
r-
3 SEWERS&SERVICES /( p
4 WATERLINES&SERVICES !c a
5 FIRE HYDRANTS /t l'
6 CONCRETE he ss
Curbs and Gutters it o'
Sidewalks /t
Driveways It
7 STREETS&PAVING
Pavement /t •l
Signing,striping and curb painting t( If
8 NON-CITY UTILITIES
P.G.&E. — Electrical
Street Lights (•
Cable TV Lt ••
Telephone Co. k
Gas Company tc sr
9 FEES RECEIVED(Water,Sewer)
10 PUBLIC IMPROVEMENTS payments received If e.
11 AGREEMENT CONDITIONS have been met
12 MONUMENTATION
13 STREET TREES14Z,6 ace
14 OFFSITE WORK R �•
15 BOND/GUARANTEE deposited s e •• /'rte
16 PARK dedication or In-lieu fees I< ire
•
17 Deposit Account Status
OTHER CONDITIONS
k21
Board of,Adjustments
Planning Commission ,7- _Architectural Review Commissionn City Council
Abandonments
Other
ATTACH LIST OF CONDITIONS &SUBDIVISION AGRREMENT COMMUNITY DEVELOPMENT AP O
. W 6vks
Wei PUBLIC 921111011001111 APPROVAL
T `r
RESOLUTION NO. 6874 (1990 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE TENTATIVE MAP FOR TRACT 1750, CREATING
245 SINGLE-FAMILY LOTS, 88 CONDOMINIUMS, TWO PUBLIC PARKS,
AND A LOT TO BE SOLD TO THE HOUSING AUTHORITY,
ON TANK FARM ROAD, ON THE EAST SIDE OF THE RAILROAD TRACKS
(TRACT 1750)
BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. That this council, after
consideration of public testimony, the subdivision request Tract
1750, the Planning Commission's recommendation,, 'the Architectural
Review Commission's action, the Cultural Heritage Committee's
recommendation, the Parks and Recreation Commission's
recommendations, and staff recommendations and reports thereon,
makes the following findings:
1. The design of the tentative map and the proposed
improvements are consistent with the general plan and
specific plan for the Edna-Islay' area.
2. The site is physically suited for the type and density of
development allowed in an R-1-PD-SP and an R-2-PD-SP zone.
3. The design of the subdivision and the proposed improvements
are not likely to cause serious health problems,
substantial environmental damage or substantially 'and
unavoidably injure fish or wildlife or their habitat.
4. The design of the subdivision or the type of improvements
will not conflict with easements for access through (or 'use
of the property within) the proposed subdivision.
5. The Community Development Director has determined that the
proposed subdivision is substantially in compliance with
the Edna-Islay Specific Plan.
6. The City Council certified an environmental impact report
for the Edna-Islay specific Plan in 3.982 and has considered
that EIR and the addendum . prepared to incorporate minor
modifications between Tract 1750 and the specific plan, and
finds that those two documents in combination are
p� C1-36
Resolution no. 687# (1990 Series)
Tract 1750
Page 2
sufficient to assess any environmental impacts which would
result from project approval, and that the record as a
whole contains substantial evidence to support a
determination that the minor modifications to the project
approved by the Community Development Department are not
so substantial as to require major modifications to the EIR
and that the preparation of an addendum is sufficient.
7. This subdivision map approval requires the subdivider to
expend in excess of the amount specified in Government Code
section 66452.b(a) for public improvements outside the
property.
8. The increase in population near Islay Hill created by the
development of Tract 1750, and the granting of an easement
over the open space portions of Islay Hill within the
boundaries of Tract 1750, allowing public use of the
hillside, will lead to greater recreational use of the
hillside.
This increased .use may need to be supported by physical
improvements on the hillside in the form of trails,
fencing, signing, or other improvements to increase public
enjoyment of the recreational use. It is reasonable for
the developer of Tract 1750, therefore, to pay to the city
the cost of installing trails on the hillside, to be used
for the purpose of providing physical improvements as
described above.
9. The proposed use of sound walls perform equally or better
than the concept shown in the specific plan, and the walls
are visually acceptable.
10. The various approval and reporting requirements established
by either existing city processes or specific conditions
of approval satisfy any applicable mitigation monitoring
program requirements and reduce the project's environmental
impacts to an acceptable level.
SECTION 2. The tentative map for Tract 1750 is approved
subject to the following conditions-,
1. Multiple final maps must be filed, in accordance with the
phases shown on the approved tentative map. Development
of the project is subject to existing city growth
management regulations, not to exceed 94 building permits
per year or one phase per year (phases 1 and 2 shall be
considered one phase) , whichever is more restrictive. Time
extensions for final map approval may be granted by the
city, up to the limits imposed by the Subdivision Map Act.
C1-37
Resolution no. 687Y (1990 series)
Tract 1750
Page 3
2. Development of the subdivision must be in accordance with
the Edna-Islay Specific Plan, except as specifically shown
on the tentative maps approved by the council on (date) or
as conditioned herein.
Fire Department requirements:
3. Fire protection facilities required by -the fire department
are to be installed by the developer. Such facilities,
including , all access roads, shall be installed and made
serviceable prior to and during the time of building
construction.
4. Hydrants are to be spaced at 500' maximum intervals.
ph ! 5. The subdivider shall pay $60;000 to the city for a fast
�v response vehicle with off-road capability, to serve this
area. Payment of ,$60,000, adjusted for inflation between
tentative map approval and time of payment, shall be made
prior to approval of the final map for phase 6•.
6. All structures will require an approved, automatic fire-
sprinkler system, to the satisfaction of the Fire
Department. Minimum water services shall be one-inch
diameter.
7. The developer shall fund $10,000 for their share of the
cost of a device that lets Fire Station 3 know when
railroad tracks are blocked by a train at Orcutt Road, or
for three Opticom intersection controllers for responding
fire apparatus.
S. A 201-wide paved access road shall be provided through lots
183, 184, and 185 to provide access to the open space area,
to the satisfaction of the Fire Department and City
Engineer.
9 . Emergency access to the Islay Hill open space shall be
provided to the approval of the Fire Department.
Creek and detention basin requirements:
10. A minimum setback of 20 ' from the creek top of bank is
required for rear property lines or any improvements,
except for setbacks. in a 320'-wide section shown on the
Creek Treatment Concepts Plan, approved as part of the
tentative map, which shall be a minimum of 101 . No part
of the ten-foot buffer area is within the creek protection
area.
C1-38
Resolution no. 687, (1990 Series)
Tract 1750
Page 4
11. A creek protection and restoration plan must be submitted
with phase one improvement plans to the approval of the
City Engineer and Community Development Director, along
with improvement plans, consistent with the approved Creek
Concepts Plan. Such plan must show improvements to the
creek area included in the creek maintenance easement or
extending from the rear lot lines to the lot lines across
the creek, whichever is greater. Plans shall show all
landscaping and erosion protection methods. The protection
and improvement plan shall include a schedule for
implementation.
The top-of-bank buffer improvements adjacent to the turtle
habitat shall be installed as soon as possible to provide
immediate protection for the existing turtle population.
12. The creek crossing methods proposed for the
bicycle/pedestrian paths Aad for Orcutt Road must be within
the guidelines established in the Flood Management Policy
adopted by the city, unless an alternative is specifically
approved by the council. _
13 . Fish and Game and Corps of Engineers permits shall be
obtained if required, for work within the creek and for
crossing the. creek near the intersection of A Street. and
Orcutt Road. -
14. A team shall be established to select- a consultant and
monitor a turtle habitat study. The team shall be made up
of representatives of the Department of Fish and Game, the
San Luis Obispo Urban Creeks Council, the Community
Development Department, and the project applicant.
The team shall assist the city in selecting a qualified
consultant to conduct a turtle habitat study. . The turtle
study should focus on the following goals:
a. Identify the essential habitat for the turtles (and
by extension, the frogs) .
b. Determine the size of the turtle population on
site, age and sex characteristics, and attempt to
identify nesting areas.
. c. Identify specific essential habitat preservation
areas, if any, within the area designated as lots
184 through 206 on the tentative map, which should
be incorporated into the final project design.
C1-39
Resolution no. 687Y (1990 Series)
Tract 1750
Page 5
d. Recommend any additional habitat protection
'techniques to be incorporated into the final
project design.
Funding, not to exceed $10,000, shall be provided by the
applicant. The study period will continue for a maximum
of 24 months, with a 27-month time limitation for both the
study and determination of implementation measures to be
required of the developer.. The study period is to begin
when the consultant is hired and begins work. Where a
consensus or majority decision cannot be reached within the
study team, the Community Development Director shall make
the decision.
No work, except for temporary improvements that limit human
access to the riparian habitat, shall be conducted within
the . study area, as defined on the Creek Concepts Plan
approved as part of this subdivision, prior to completion
of the turtle study. The need for additional environmental
review prior to approval of the final maps for phases 5 and
6 is to be determined by the Community Development
Director, and is subject to normal appeal procedures. All
necessary studies, enhancement measures, and site changes
shall be identified and reviewed by the City Council prior
to the recordation of final maps for phases 5 and 6.
The site design of lots 184 through 206 and the adjacent
streets will be adjusted in conformance with the
recommendations of the turtle study and to the satisfaction
of the Community Development Director and the California
Department of Fish and Game.
15. The design of the bicycle path within the creek
preservation area at' the southerly end of the public park
must be in accordance with Fish and Game recommendations,
as shown on the Creek Treatment Concepts plan, .approved as
part of this map, to minimize disturbance of the creek
preservation area.
16. The creek banks adjacent to Tract 1376 shall be revegetated
in accordance with the Creek Treatment Concepts Plan
approved as part of the tentative map. Work shall be
completed prior to acceptance by the city of maintenance
of the area, to the satisfaction of the Public Works
Department. -
17 . The detention basin must be designed per standards
established by the Edna-Islay Specific Plan and to the
satisfaction of the City Engineer. The basin shall be
installed with the third phase of development shown on the
C1-40
Resolution no. 687q (1990 Series)
Tract 1750
Page 6
tentative map.
The detention basin may be fenced, at the developer's
option, and must be owned and maintained by the tract
homeowners' association. A maintenance schedule and
reporting procedure shall be submitted to the City Engineer
for review and approval. The schedule shall include
periodic reports to the city on the condition of the basin.
18. Creek preservation and improvement areas shall be dedicated
to the city in fee.
Public Works requirements:
19. Orcutt Road shall be widened and improved along the entire
frontage as part of phase 4. Orcutt Road shall meet City
and . county design standards with respect to super
elevation, vertical, and horizontal stopping sight distance
(55 mph design speed) , and shall include a bicycle path
within the roadway on the westerly side. Sight distance
at the proposed Orcutt Road/A Street intersection must be
evaluated as to adequacy. Existing road may require
regrading. , ; ,
20. Modifications to sewage lift-stations and related
improvements may be required in accordance with the
specific plan. The developer may be required to contribute
towards these improvements in lieu of actual construction,
to the satisfaction of the Utilities Director.
21. The water tank proposed in the easterly portion of the open
space area, to supplement. domestic water service, must be
installed and operating prior to the issuance of building
permits for phase 3.
22 . Water acreage fees and sewer lift station• charges are
required to be paid prior to recordation of the Final Map.
23 . All lots must be served by individual water, sewer, and
utilities.
24. The construction of public streets shall comply with the
city's Engineering Standard Details/Specifications, the
Pavement Management Plan, and to the satisfaction of the
City Engineer. Street structural sections shall provide
for the ultimate design-life upon acceptance of the street
by the city. Phased construction of housing will require
the phasing of street construction or an increase in the
street structural section to compensate for the reduction
in the life of the street, prior to acceptance, from
C1-41
Resolution no. 687y (1990 Series)
Tract 1750
Page 7
construction traffic.
25. The developer must dedicate vehicular access rights to the
city, along all lots adjacent to Tank Farm Road and Orcutt
Road, to the satisfaction- of the City Engineer.
26. Phasing of this tract and utilities may require off-site
utility extensions within subsequent phases, to the
satisfaction of the City Engineer and -Utilities Engineer.
27. At the time of development of phase 5, an emergency and
construction access road must be provided that continues
A Street to Orcutt Road, to the approval of the City
Engineer and Fire Department.
28. All grading and development improvements shall be done as
approved by the City Engineer and in accordance with the
recommendations per the soils report prepared by Pacific
Geoscience, Inc. , dated July 5, 1989 and the Geotechnical
Update and Plan Review by Gorian and Associates dated July
14, 1987 for Tract 1750, and any subsequent soils reports
requested by the City Engineer.
The grading plan for phases 5 and 6 must be approved by a
registered soils engineer and the City Engineer. The
grading shall be inspected and certified by the soils
engineer prior to installation of any subdivision
improvements or issuance of building permits.
The northwesterly limit of the landslide denoted as Q15 1
shall be determined precisely in the field prior to final
map approval of the respective phase. The nearest lot line
shall be at least 50 feet from that boundary and the
adjacent lots shall be adjusted or deleted and Courts "H"
and "G" adjusted accordingly, except that property lines
may .not extend beyond that shown. on the tentative map..
29. The grading plans for phases 5 and 6 shall include such
facilities and preparation so that individual lots will
not require offsite construction.
30. Individual lots on phases 5 and 6 shall have the foundation
design approved by a registered soils engineer. A notice
shall be recorded concurrently with the final map notifying
any purchaser of these lots of this requirement.
31. Additional soil investigations shall be done to ascertain
that the proposed water tank site and lots and streets
above and below Street "A" (phases 5 ate) are stable and
suitable for development, to the saisfaction of the City
C1-42
Resolution no. 687V (1990 Series)
Tract 1750
Page 8
Engineer,, prior to final map approval. If evidence is
found that indicates any instability, mitigation measures
must be taken to remedy the instability, to the
satisfaction of the City Engineer, or the respective final
map shall be modified accordingly, as determined necessary
by the City Engineer and Community Development Director.
If these sites are required to be excavated and filled and
recompacted, the fill and recompaction Should closely match
the original terrain, as determined by the Community
Development Director and Engineering Division staff.
32. Any existing mines encountered shall be abandoned in
accordance with State of California and local regulations,
to the satisfaction of the City Engineer.
33. Any slope instability observed during grading operations
and subdivision construction shall be evaluated by a soils
engineer and repaired to the satisfaction of the City
Engineer and Community Development Director prior to final
acceptance of the respective phases. The final maps or
separate recorded instruments shall note that (T)the city
reserves the right to withhold building permits on any lot
which appears to be threatened by slope instability.
34 . The subdivider shall submit a report by a registered civil
engineer certifying that all building sites are not subject
to flooding during a 11100-year" storm, to the satisfaction
of the City Engineer.
Parks and open space:
35. The neighborhood park may be completed in one phase by the
developer. The subdivider shall record a lien or
alternative approved by the Community Development Director,
equal to $750 per unit for park improvements, to become due
and payable to a special fund, maintained by the city, upon
transfer of the lots or dwelling units. If the developer
chooses to develop the park in its entirety, without city
funding assistance, to the satisfaction of the Community
Development, Public .Works, and Recreation Departments, the
city shall refund the amounts accumulated in the park
improvement- fund to the developer after completion of each
phase as described on the approved park phasing plan
(approved as part of Tract 1376) , .on. a quarterly basis;
until all fees have been collected.
36. The hardscape areas in the neighborhood park shall be
installed in the first phase of Tract 1750. The remainder
of the park shall be completed in phases, as described in
C1-43
Resolution no. 687y (1990 series)
Tract 1750
Page 9
the approved park phasing plan, or all in one phase as
described in the preceding condition.
37. The developer is responsible for securing access and
improvement rights, including maintenance by the city, for
the bicycle path under the railroad.
38. The Islay Hill open space shall be dedicated to the city
as part of the final map for phase 6 or earlier. Prior
to approval of the final map for phase 1, the developer
shall pay to .the city an amount a e�gine to install the
proposed trail system, the amount to be determined by '
estimates for the work and as approved by the Parks and
Recreation Director. This money is to be used solely for
physical improvements: the trail construction,
maintenance, or improvement of the Islay Hill open space,
as needed. The Parks . and Recreation Commission will
periodically review how the hillside is being used, and
make recommendations to the council on the disposition of
the money.
39. Public pedestrian access to the Islay Hill open space shall
be provided directly from all streets adjacent to the open
space area, to the satisfaction of the City Engineer and
Community Development Director.
40. The open space beneath the existing power transmission
lines shall be a minimum of 100' wide. No structures shall
be allowed within this 100 ' area. A note shall be recorded
NA/ for each of the lots adjacent to this open space area,
ol, informing lot owners of the proximity of the power lines.
41. The Rodriguez Adobe park shall be dedicated to the city for
public park purposes, in or prior to phase 4 . The
Rodriguez Adobe will be restored by the city. The
developer shall contribute to its restoration by paying
one-half the restoration cost, up to a maximum of $100,000,
upon demand by the city.
Water:
42. The subdivider shall inform future lot buyers of the
possibility of building permit delay based on the city's
1�0! water shortage. Such notification shall be made a part of
the recorded documentation for each lot.
Archeology:
43 . v-Grading plans must note that if grading or other operations
unearth archeological resources, construction activities
shall cease. The Community Development Director shall be
C1-44
r
Resolution no. 687y (1990 Series)
Tract 1750
Page 10
notified of the extent and location of discovered materials
so that they may be recorded by a qualified archeologist,
the cost of which shall be paid by the developer.
Disposition of artifacts shall comply with state and
federal laws.
Homeowners' Association:
44. The subdivider shall establish covenants, conditions, and
restrictions for the regulation of land use, control of
nuisances and architectural control of all buildings and
facilities. These CC&R's shall be approved by the
Community Development Director and administered by the
homeowners' association.
The subdivider shall include the following provisions in
the CC&R's for the tract:
a. Maintenance of linear park, railroad buffer areas,
and all storm water detention basins shall be by
the homeowners' association in conformance with the
Edna-Islay Specific Plan.
b. There shall be no change in city-regulated
provisions of the CC&R's without prior approval of
the Community Development Director.
Affordable housing:
45. Resale controls applying to the 23 affordable housing units
shall be administered by the Housing Authority and shall
remain in perpetuity. All affordable units shall be
required to be owner-occupied.
46. Development of homes on the small lots (phases 3 and 4)
shall be limited to- approximately the square footage
proposed as part of the planned development preliminary
plan. Remodelling and additions to these homes in the
future shall be in accordance with the limitations in the
zoning regulations.
Transit system equipment:
47. The .subdivider shall provide for street furniture and signs
for transit systems, as well as bus turnouts if necessary,
to the satisfaction of the Mass Transit Committee, as
needed with each phase.
Hillside lots:
C1-45
Resolution no. 687q (1990 Series)
Tract 1750
Page 11
48. Architectural review is required for all lots east of the
creek.
49. Except as shown on the tentative map, the maximum
streetyard allowed on lots adjacent to the hillside open
space is 201 . Streetyard exceptions, to reduce the amount
of grading required for location of residences, will be
encouraged where no safety concerns are involved.
All buildings on these lots must be within designated
building envelopes. Building envelope restrictions shall
be designated on a .map- to become part of the permanent
file, prior to recordation of the final maps for phases 5
and 6.
50. No solid fences shall be allowed at the rear of any lots
abuttin4" the Islay hill or creek open space. Design
standards for fencing shall be developed, to be approved
by the Community Development Director and the Architectural
Review Commission.
Noise:
51. Noise walls on the single-family lots adjacent to the
railroad buffer area shall be set back at least 10' from
�7 the property line, and the area between the wall and the
street landscaped with drought-tolerant shrubs and
groundcover by the developer, to the approval of the
Community Development Director.
Fees:
52. The subdivider shall pay any applicable transportation
impact fees adopted by the City Council, which are
anticipated to be adopted on or about July, 1992.
53 . The subdivider shall pay any applicable storm drainage fees
adopted by the City council, which are anticipated to be
adopted on or about July, 1992.
54. Pursuant to Government Code Section 66474.9, the subdivider
shall defend, indemnify and hold harmless the City and/or
its agents, officers and employees from any claim, action,
or proceeding against the City and/or its agents, officers,
or employees to attack, set aside, void, or annul, the
approval by the City of this subdivision, Tract No. 1750,
and all actions relating thereto, including but not limited
to environmental review and adoption of ordinance No.
11. 79 (PD 1449-B) .
C1-46
i
Resolution no. 687y (1990 Series)
Tract 1750
Page 12
On motion of Councilwoman Rappa
seconded by Councilman Reiss and on
the following roll call vote:
AYES: Councilmembers Rappa, Reiss, and Mayor Dunin
NOES: Councilmembers Pinard and Roalman
ABSENT: None
the foregoing resolution was passed and adopted this 18th day
of September , 1990.
C1-47
664625. Approval of final map cannot be refused because of
offsite improvement requirements on land not belonging
to subdivision or local agency
A city, county, or city and county shall not postpone or refuse approval of a final
map because the subdivider has failed to meet a tentative map condition which requires
the subdivider to construct or install offsite improvements on land in which neither the
subdivider nor the local agency has sufficient title or interest, including an easement or
license, at the time the tentative or final map is filed with the local agency,to permit the
Improvements to be made. In such cases,the city,county or city and county shall,within
120 days of the filing of the final map,pursuant to Section 66457,acquire by negotiation
or commence proceedings pursuant to Title 7(commencing with Section 1230.010)of Part
3 of the Code of Civil Procedure to acquire an interest in the land which will permit the
improvements to be made, including proceedings for immediate possession of the
property under Article 3(commencing with Section 1255.410)of Chapter 6 of such title. In
the event a city, county, or city and county fails to meet the 120-day time limitation. the
condition for construction of offsite improvements shall be conclusively deemed to be
waived. Prior to approval of the final map the city,county,or city and county may require
the subdivider to enter into an agreement to complete the Improvements pursuant to
Section 66462 at such time as the city,county,or city and county acquires an interest in
the land which will permit the improvements to be made.
Nothing in this section precludes a city,county,or city and county from requiring a
subdivider to pay the cost of acquiring offsite real property interests required in
connection with a subdivision.
'Offsite improvements,' as used in this section, does not include improvements
which are necessary to assure replacement or construction of housing for persons and
families of low or moderate income,as defined in Section 50093 of the Health and Safety
Code.
[Amended,Chapter 910,Statutes of 1983]
C1-48
RECORDING REQUESTED BY: and
'EN RECORDED MAIL TO:
Islay Hill Homeowners' Association
C/O First American Title
899 Pacific Street
San Luis Obispo,CA 93401
SLO-937631 LG
DOCUMENT TRANSFER S SPACE ABOVE TFU LINE FOR RECORDER'S USE
(X) Computed on the consideration or value of property conveyed;OR
( ) Computed on the consideration or value less tiers or encumbrances
( ) remaining at time of sale. Signature of Declarant or Agent determining tax-Firm Name-
N: Pta. 53- 1-36
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
PARK VIEW-SAN LUIS OBISPO,L.P.,A CALIFORNIA LB TIED PARTNERSHIP
hereby GRANT(S)to
ISLAY HILL HOMEOWNERS' ASSOCIATION,
a non-profit mutual benefit corporation
_e real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, more
particularly described as follows:
Lot 55 of Tract 1750, Unit 6, in the City of San Luis Obispo, County of San Luis Obispo, State of California,
according to map recorded , in Book , Page of Maps, in the office of the
County Recorder of said county.
Dated:November 18, 1999
Park View-San Luis Obispo,L.P.,
a California limited partnership
By: MSH/SEPH GP,LLC,a California Limited
Liability Company,General Partner
By: Hearthst. e,a Calif corporation,Manager
-q//'� \ 6-I
M k Porath, Senio*r Vice Preslldent
Stephanie Sunk-us,Vice President
C1-49
� /Z
State of Califo
County of
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 i e subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capaciry(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,exec
t�JY A HI�YgNS
WITNESS m hand and Official Seal ;,:
Commiesion#1197r
y ho` PubEc-ccvc :a
I. Angs!ss County P
Signature
ABOVERFSERMFOR OFFIML NOTARYSEAL
MAIL.TAX STATEMENTS TO: Same address as shown above
C1-50
EMBIT"A"
By acceptance of this Deed, Grantee shall have all the rights, duties and obligations of
maintaining all improvements on said real property as set forth under the Declaration of
Covenants, Conditions and Restrictions recorded , 199_ in Instrument Number
199_- of Official Records, in the office of the County Recorder of San Luis
Obispo County, California and any amendments thereto, all of which are incorporated herein
by reference to said declaration with the effect as though fully set forth herein and in
accordance with the Bylaws and Articles of the Association.
Homeowners' Associations' Acceptance:
C1-51
RECORDING REQUESTED BY: and
WHEN RECORDED MAIL TO:
Robin L. Rossi
6880 Bay Laurel Drive
San Luis Obispo, CA 93401
DOCUMENTARY TRANSFER SPACE ABOVE THIS LINE FOR RECORDERS USE
(X) Computed on the consideration or value of property conveyed;OR
( ) Computed on the consideration or value less liens or encumbrances
( ) remaining at time of sale. Signature of Declarant or Agent determining tax-Firm Name-
AP : 53-091-36
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
PARK VIEW-SAN LUIS OBISPO,L.P.,A CALIFORNIA LH*MMD PARTNERSHIP
hereby GRANT(S)to
ROBIN L. ROSSI,
Trustee of the Robin L. Rossi Living Trust dated October 20, 1990
the real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, more
particularly described as follows:
Lot 54 of Tract 1750, Unit 6, in the City of San Luis Obispo, County of San Luis Obispo, State of California,
according to map recorded , in Book , Page of Maps, in the office of the
County Recorder of said county.
Dated:November 18, 1999
Park View-San Luis Obispo,L.P.,
a California limited partnership
By: MSII/SEPII GP,LLC, a California Limited
Liability Company, General Partner
By: Hearthstone, a Calif o rporation,Manager
k Porath, Senior Vice Presi ent
tephanie Stankus,Vice President
C1-52
��
t3
to of Calif
.,unty of
on . 23 /R9 9 before me, Notary Public personally appeared
6VEZE C4 personally known to me (or proved to me on the basis of
satisfactory evidence) to be the pe son(s) whose name istare s scribed 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(ies)upon behalf of which the person(s)acted,executed the instrument
- jfAIYAFIAy,IgtLS 5
WITNESS my hand and Official Sealmi59Cn 1197546 _
Cy
Notary Pubric-CQrfc P"3
3>1
Slgll - -
ABOVE RESERVED FOR OFFICAL NOTARY SEAL
MAEL TAX STATEMENTS TO:Same address as shown above
i
I
i
C1-53
RECORDING REQUESTED BY:
R.W.HERTEL&SONS,INC.
When Recorded Please Reara To:
COMMUNITY DEVELOPMENT DEPARTMENT
City of San Lois Obispo
990 Palm Saes
San Luis Obispo.CA 93401
NOTICE OF REQUIREMENTS
SUBDIVISION: Tract 1750, Unit 6
APN: 053-091-037
The following items are required to be carried out by the buyers of lots or parcels in the above subdivision per Conditions and
Approval and/or Code Requirements of Council Resolution 6873 (1990 Series).
This information is recorded simultaneously with the final trap and is for informational purposes, describing conditions as of
the date of filing, and is not intended to affect record title interest pursuant to Section 66434.2(a)of the SUBDIVISION MAP
ACT.
The requirements are as follows:
Individual lots on unit 6 shall have the foundation design approved by a registered soils engineer prior to issuance of building
permit.
Any slope instability observed during grading operations and subdivision construction shall be evaluated by a soils engineer
and repaired to the satisfaction of the City Engineer and Community Development Director prior to final acceptance of this
tract, unit 6. The city reserves the right to withhold building permits on any lots which appear to be threatened by slope
instability.
The subdivider shall inform future lot buyers of the possibility of building permit delay based on the City's water shortage.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
PARKVIEW-SAN LUIS, L.P.
BY: Hearthstone
Date (S nae)
Name Printed: Stephanie Stankus
Title: Vice President
State of
County of .f.G�.F,r.l'.�.✓
on a 3. I�9/ before me, 42L16"
"rsonally known to me- OR- ❑ proved to be 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
.r`:i F u'-:•': i ss)on the instrument the
�'e( person(s), or the entity upon
behalf of which the person(s)acted, executed the instrument.
V c-. h.' •�T��V, �4 WITNESS my hand and offlc' seal
��6;G� Si of Notary Public