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HomeMy WebLinkAbout09/04/1990, C-5 - FINAL MAP APPROVAL AND ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT NO. 1672, AN 11-CUSTOM LOT MULTI fpI MEETING DATE: IIU�01111I city Of Sari ..SIS OBISPO _ Sept. 4 1990 amaze COUNCIL AGENDA REPORT' I NUMBER: FROM: David F. Romero, Public Works Director Wayne A. Peterson, City Engineerp� o Prepared by: Gerald W. Kenny, Supervising Civil Engineer/X1— SUBJECT: Final Map Approval and Acceptance of Public Improvements for Tract No. 1672, an 11-Custom Lot Multi-Family Residential Subdivision at 3450 Bullock Lane (Weatherwoods, Inc. , Subdivider) RECOMMENDATION: Adopt Resolution Approving the Final Map and Accepting the Public Improvements for Tract No. 1672. DISCUSSION: The tentative map was approved on June 6, 1989 per Resolution No. 6627 (1989 Series) . The Subdivider has constructed the required subdivision improvements, except for onsite private common driveways and private landscaping adjacent to the creek. A Common Driveway Agreement has been submitted, per City Standards, to be recorded with the final map. Letters of Credit have been posted along with a subdivision agreement to guarantee this work ($16,500 for Faithful Performance, $8,250 for Labor & Materials) . The on site driveways will be constructed along with the residences, or within 18 months per the Subdivision Agreement. The private landscaping is postponed per City Council Resolution until the drought ends. An open space and public pedestrian access easement and agreement have been received per Condition l of Resolution No. 6627 (1989 Series) . The public improvements consist of typical street and frontage improvements and utilities. The final map has been checked by staff and found to be in substantial conformity with the approved tentative map and all conditions have been met or bonded for, as noted above. A warranty (Letter of Credit and Guarantee) in the amount of $20,000 has been received to guarantee the subdivision improvements for one (1) year from the date of acceptance per the Subdivision Map Act and City ordinance. SIGNIFICANT IMPACTS: None. C�•S-I aR�I Ill city of san �ais osispo NVAGo COUNCIL AGENDA REPORT Tract 1672 - Final Map Meeting of September 4, 1990 Page Two. CONSEQUENCES OF NOT TARING THE RECOMMENDED ACTION: The subdivider would not be able to record the final map nor sell the lots. They would also be required to maintain the improvements and surety for a longer period of time until acceptance by the City. CONCURRENCES: The Community Development Director and City Attorney concur with the recommended action. FISCAL IMPACT: Normal maintenance of standard street, sewer and water mains and creek maintenance will be required. ALTERNATIVES: Option 1: Adopt resolution approving the final map and accepting thel public improvements for .Tract No. 1672. option 2: Deny approval of the final map and acceptance of the public improvements if the Council finds that all conditions have not been satisfactorily met. RECOMMENDATION: Adopt resolution approving the final map and accepting the public improvements for Tract No. 1672 and authorize the Mayor to execute the Subdivision Agreement. Attachments: 1 - Draft resolution 2 - Map 3 - Final map checklist 4 - Final acceptance checklist 5 - Agreement 6 - Letters of Credit (3) 7 - Resolution No. 6627 (1989 Se�ries) 8 - Fee and Bond List attach +V 6. 9 - Open space/pedestr an access easement agreement 10 - Common driveway agreement jkl/t1672-fin �.�_� RESOLUTION NO. (1990 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBZSPO APPROVING THE FINAL MAP AND ACCEPTING PUBLIC IMPROVEMENTS FOR TRACT KO. 1672 LOCATED -AT 3450 BULLOCK LANE (WeatherWOOdB, Inc. - Subdivider) WHEREAS, the City Council made certain findings concerning Tract No. 1672 as contained in Resolution No. 6627 (1989 Series) , and WHEREAS, all conditions required per said resolution have been met or are guaranteed by Letters of Credit on file, and.the final map is in substantial conformity with the approved tentative map, and WHEREAS, all public improvements have been constructed to City standards and specifications, and a guarantee (Letter of Credit) in the amount of $20, 000 has been received to warranty the improvementsfor one (1) year per the Subdivision Agreement, NOW THEREFORE BE IT RESOLVED that the final map for Tract No. 1672 is hereby approved and the public improvements are hereby accepted by the City for maintenance. The Mayor is authorized to execute the Subdivision Agreement. On motion of , seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this day of 1990. ATTEST: MAYOR CITY CLERK Resolution No. (1990 Series) -� Page Two. APPROVED: City A inistrative Officer C1 Vorne Community Devipiopment Director n;'S City E 'neer jkl/tl672-fin by ,.:.. 1K PH pp N n a =Y Ulm girt, $ iloN b c WI Was U € Z .147 -0:9 sj�1 r ° • e t }a RJb i n �p�" silos e . 1 C z : G Nal a $ b Q Q 6 1T^� • vi t 6 ` i}i\[ 1 i T• St���i�tt�'Zt L:fit:�Zl�Q { —n—� s6 0 4;4 �. � .•.\ rr• �: � i j[p[�x'i7L[tL[t(Lt([�[�ziF[f►r��2jr� . �. �. � � ° Oi °'••• Se� �E• ,•'•V 9 � %�• {'.�Q��ttL��itCii�i�;L�i�t� 1t EE t •; r .;: a .,,k�.� ;p .fie sp ,_Des; ::: .;•,1 , � /^ s W \ ..essay . z CC t E o• 111[ JJ. � F l ? VA �'•• �,t s Oi s } i ) C •�. i s : @ ••.um weave ^�w.tea• _ �� t yam ao+TM in .i city of san Luis oBispo FINAL MAP APPROVAL CHECKLIST PROJECT NAME L)illnw Cirr•la at Rnllnnlr Tanp _ T)nn RnhharA_ RTnhAiyiriar DESCRIPTION 11 lot Tract for 2 or 3 apartments Per lot MAPNUMRFR Tra 1 A72 SPECIFIC PLAN REZONING GEN.PLAN USE PERMIT VARIANCE ARC OTHER PUBLIC IMPROVEMENT CONDITIONS N DESCRIPTION INITIAL 'DATE COMMENTS 1 GRADING Including planting &retaining walls S G 2 STORM DRAINS&DRAINAGE STRUCTURES It q 3 SEWERS&SERVICES ( ci 4 WATERLINES&SERVICES /I q S FIRE HYDRANTS 8 CONCRETE Curbs and Gutters Sidewalks Driveways 7 STREETS&PAVING Pavement Signing,striping and curb painting 8 NONLITY UTILITIES P,G•8E•.—Electrical H.B. 7/12/9 Final letter received Street Ughts ( , Cable TV J,H-.B. Telephone Co.Gas Company 7/12/90 Final letter received 9 FEES RECEIVED(Water,Sewer) nt10 PUBLIC IMPROVEMENTS paymes received A 11 AGREEMENT CONDRIONS have been Bret 12 MONUMENTATION13 STREET TREES �r 1/ OFFSITE WORK !L Ir /¢ 15 BOND/GUARANTEE deposited 18 PARK dedloation or Imileu fees /. it 17 OTHER CONDITIONS IS Board of Adjustments 19 Planning Commission 20 Architectural Review Commission - 21 City Council 22 Abandonments 23 Other ATTACH UST OF CONDITIONS&SUBDIVISION AGRREMENT COMMUNITY DEVELOPMENT APP VA/ sm PUBLIC SERVICES APPROVAL -' City Of sar► ais osis o C FINAL ACCEPTANCE CHECKLIST PROJECT NAME Willow. Circle at Bullock Lane - Don Hubbard, Subdivider DESCRIPTION 11 lot Tract for 2 or 3 apartment building per lot MAP NUMBER Tract 1672 SPECIFIC PLAN REZONING GEN. PLAN USE PERMIT VARIANCE ARC OTHER PUBLIC IMPROVEMENT CONDITIONS d DESCRIPTION I1TIAL PATECOMMENTS, 1 GRADING complete including planting b retaining walls 2 STORti DRAINS d DRAINAGE STRUCTURES installed 3 SEWERS d SERVICES installedand tested 4 WATERLINES d SERVICES installed and tested 5 FIRE HYDRANTS installed and tested 6 CONCRETE installed and approved Curbs and Gutters Sidewalks Driveways 7 STREET b PAVING installed and approved QqLC Properly installed and sealed Cleaned Signing, striping and curb painting A 8 NON-CITY UTILITIES P.G.b E. -- Final letter received H.B.. _ 7/13/90 Street lights installed, operating, letter sent y p Cable TV -- Final letter received Telephone Co.-- Final letter received Gas Company - Final letter received 9 AS-BUILT PLANS received and approved 10 PUBLIC IMPROVEMENTS payments received y A/.4 11 AGREEMENT CONDITIONS have been met 12 MONUMENTATION complete 13 STREET TREES planted 14 OFF-SITE WORK completed 15 BOND/GUARANTEE deposited _ Lr �- 16EiR De osit Account Status c_ 4— **Funds Encumbered for Signs, etc, OTHER CONDITIONS 17 BOARD OF ADJUSTMENTS 18 PLANNING COMMISSION 19 ARCHITECTURAL REVIEW COMMISSION 20 CITY COUNCIL _ ABANDONMENTS OTHER ATTACH LIST OF CONDITIONS d SUBDIVISION AGREEMENT COMMUNITY DEVELOPMENT APPROVA 4BI PUBLIC SERVICES APPROVAL /J e �� STANDARD SUBDIVISION AGREEMENT O THIS AGREEMENT is dated this day of by and between Donald R. Hubbard & Marlaine S. Hubbard Thomas R Patterson 6 Paula E Patterson, herein referred to as "Subdivider, " and the CITY OF SAN LUIS OBISPO, herein referred to as the "City." RECITALS REFERENCE IS HEREBY MADE to that certain proposed subdivision of real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, a description of which is shown on final map of Tract 167.2, City of San Luis Obispo, California, as approved by the City Council on the 4th day of September 1990 . The Subdivider desires that said Tract 1672 be accepted and approved as' a final map pursuant to the Subdivision Regulations of the City of \ San Luis Obispo (Title 17 of the San Luis Obispo Municipal Cod) ,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 1 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 i 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 (including drought) 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 Ciublic improvements unless. specifically approved by the City. 2 The Subdivider does also agree to comply with the conditior-� 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 corners and retracement of section lines within the Subdivision shall be in accordance with Division 4, Chapter 15 of the Land Surveyors Act of the Professions and Vocations Code of the State of California, paragraph 8771 et seq. The Subdivider attaches hereto, as an integral part hereof, and as security for the performance of this agreement, an instrument of credit or bond approved by and in favor of the City of San Luis Obispo, and conditional upon the faithful performance of this agreement. Said instruments of credit or bonds is in the total amount of 516,500.00, which is the amount of the estimated cost of said uncompleted improvements. Subdivider agrees to remedy any defects in tl 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, the subdivider has posted an instrument of credit in the amount of $20,000.00 (10% of the total cost of improvements) , 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, ai. 3 any approved modifications thereto. Neither periodic nor progress � inspections or p 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 deposited with the City the sum of $5,800.00 from which deposit the City will pay the salary and expenses of an inspector or inspectors to inspect installation' of said "subdivision improvements and certify that they have been completed in accordance with the plans and specifications. Any unexpended monies will be returned to the Subdivider. In the event the inspection fees exceed the sum of $5,800.00, the difference is to be paid by the Subdivider. The City reserves the sole discretion in determining the amounts to be paid for salary and expenses of said inspector or inspectors. Title 16 of the San Luis Obispo Municipal Code, entitled "Subdivision," all plans and specifications on file with said City Engineer as a part of said Subdivision Map, and all other documents filed with the City by the Subdivider and approved by the City Engineer 1 4 are hereby referred to for further particulars in interpreting and,.,, -- defining nd•.,defining the obligations of the Subdivider under this agreement. J It is understood and agreed by and between the Subdivider and the City hereto that this agreement shall bind the heirs, executors, administrators, successors and assigns of the respective Parties to this agreement. It is agreed that the Subdivider will furnish copies of the successful bidder's contract unit prices and total bid prices for all of the improvements herein referred to. IN WITNESS WHEREOF, this agreement has been a ecuteedd by: CITY OF SAN LUIS OBISPO CSUUB� D) R / I` MAYOR Donald R. Hubbard` Marlaine S. Hubbard O ATTEST: /✓G1�-- CITY CLERK Thom-as R. Patterson . APPROVED AS TO FORM: /X4 C � -• r Paula E. Patterson. �(r1l.""�l.Aa_ _fin�lJtn (:LwCIL_.� ( 7i7wu�� . it Attoz a e,.._ City bhgineer sub-agr/tl672 by . J 5 EXHIBIT 1 TRACT 1672 SUBDIVISION AGREEMENT 1. The Subdivider has paid water acreage fees of $3,964.74 (2 .028 Ac x $1955.00)/Ac) and water frontage fees of $4,077.75 (208.58 front ft. x $1955/ff) . 2. The Subdivider has paid a park-in-lieu fee of $43,989.00. 3. The Subdivider has paid sewer lift station fee for the Rockview/Tank Farm system of $800.34 (2.028 acres x 3 x 131.55) . 4. The. Subdivider shall pave common driveways on all lots as shown on the approved plans. The Subdivider has posted surety in the amount of $6,500. 00 to guarantee this driveway installation. IS. The Subdivider shall install a 6-foot high fence along the back of E lots 1, 41 51 6, and 7 per Condition 8 of Resolution 6627 (1989 fSeries) to the approval of the Community Development Department and Public Works Department. lj�' 6. The Subdivider shall install landscaping on the creek portion of Lot 11 per the approved plans to the approval of the Community Development Department and the Public Works Department.. The Subdivider has posted C" surety in the amount of $10,000.00 to guarantee installation of this landscaping. The Subdivider agrees to postpone planting of the landscaping until notification by the City that the drought is over. An extension of time to complete this work will be granted by City depending on the status of the drought and water supply, and extension of the surety. sub-agr/tl672 by C. 7 �-S�3 EXHIBIT 2 TRACT 1672 ) FEE AND BOND LIST PRELIMINARY DRAFT °Bonds" - Improvements: Amount Form/Surety Received 1. Faithful Performance* Landscaping $10,000.00 Driveways S 6,500.00 2. Labor i Materials Landscaping S 5,000.00 Drives S 3,250.00 Erosion Control $10,000.00 Letter of credit 2/5/90 3. Monumentation Trust DepositN/A** S - 0 - 4. Warranty Deposit $20,000.00 Fees Account Number 1. Construction Inspection Dep. S 5,800.00 681-9210-220-130 Paid 8/9/89 Added to existing Fund 694 12/5/89 8 2/5/90 2. Water Acreage Fee S 3,964.74 050-0017-071-020 (51955/AC x 2.028 AC) Water frontage fee S 4,077.73 050-0017.071-020 \` ($19.55 x 208.58) 3. Sewer Lift Station Fee S 800.34 2.028 Ac x 3 x 131.55 052-0017-074-030 4. Park-in- lieu fee 543,989.00 FEES TO BE PAID 552,831.81 PRIOR TO FINAL MAP: Assuming fence and monuments installed prior to final map. Future Fees: Sewer fees with building permits per new ordinance. *Assuming fence installed prior to map approval. "Assuming monuments installed prior to map approval. 6 MID-STATE BANK SAN LUIS OBISPO 805-5447070 75 Santa Rosa St..San Luis Obispo, CA 93401 (This duplicate original replaces original letter which was lost) July 13, 1990 City of San Luis Obispo Office of the City Clerk 990 Palm Street San Luis Obispo, CA 93401 IRREVOCABLE LETTER OF CREDIT NO. 7-155 FOR FAITHFUL PERFORMANCE FOR TRACT 1672; Landscaping and Driveways The undersigned, Mid-State Bank, being a financial institution which is subject to regulation by the State of California or by the federal government, hereby pledges that monies to the extent of $16,500.00 (SIXTEEN THOUSAND FIVE HUNDRED AND N0/100 DOLLARS) are hereby assigned and transferred to the City of. San Luis Obispo for the account of Donald R. Hubbard and Marlaine S. Hubbard/ Thomas R. Patterson and Paula E. Patterson, hereinafter collectively referred to as "Principal", as required by the Subdivision Map Act of the State of California for the purpose of securing the faithful performance of all the terms and conditions of that certain agreement dated for Tract 1672; executed by and between Donald R. Hubbard and Marlaine S. Hubbard/Thomas R. Patterson and Paula E. Patterson and the City of San Luis Obispo,a municipal corporporation, and, in addition, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City of San Luis Obispo in enforcing the terms and conditions of said agreement. The undersigned agrees that said funds are set-aside funds on deposit and guaranteed for payment and that upon receipt of written demand, signed by City Clerk of .the City of San Luis Obispo, the undersigned shall immediately pay said funds or such amount thereof as shall be set forth in said demand, to the Director. of Fiance of the City of San Luis Obispo to be used for the purpose set forth above. The undersigned further agrees that it shall hold said funds for Principal for the uses and purposes herein set forth, until such time as it receives written notice signed by the City Clerk of the City of San Luis Obispo authorizing the release of said funds. If is specifically recognized and understood and agreed to by the undersigned that the full amount of monies, as set forth above, are to be maintained in said account at all times during the duration of this obligation and that any reduction or release in the fund amount to be maintained will only be done in accordance with Section 66499.7 of the Government Code of the State of California. C (This duplicate origin; replaces original letter which ;s lost) July 13, 1990 To City of San Luis Obispo Irrevocable Letter of Credit No. 7-155 (Page 2 of 2) For Faithful Performance for Tract 1672; Landscaping and Driveways By execution and delivery of this Irrevocable Letter of Credit to the City of San Luis Obispo, the undersigned financial institution is relieved of any and all liability to Principal, except as herein specifically set forth. Dated at San Luis Obispo, California, this 13th day of July, 1990. MID-STATE BANK San Luis Obispo Office 07 By: Lind Minton Assistant Manage The undersigned hereby .agrees to all the terms and conditions of the foregoing Irrevocable Letter of. Credit and releases the financial institution executing said Irrevocable Letter of Credit from all liability except as therein specifically set forth. Dated at San Luis Obispo, California, this 13th day of July, 1990. Donald R. Hubbard Thomas R. Patterson Marlaine S. Hubbard Paula E. Patterson In the event Tract 1672 is not approved by the City of San Luis Obispo, this Irrevocable Letter of. Credit becomes null and void. MID-STATE BANK SAN LUIS OBISPO 805-5447070 75 Santa Rosa St..San Luis Obispo, CA 93401 (This duplicate original replaces original letter which was lost) July 13, 1990 City of San Luis Obispo Office of the City Clerk 990 Palm Street San Luis Obispo, CA 93401 IRREVOCABLE LETTER OF CREDIT NO. 7'-156 FOR PAYMENT OF LABOR AND MATERIALS FOR TRACT 1672; Landscaping and Driveways The undersigned, Mid-State Bank, being a financial institution which is subject to regulation by the State of California or by the federal government, hereby pledges that monies to the extent of :6,250.00 (EIGHT THOUSAND TWO HUNDRED FIFTY ;AND NO/100 DOLLARS) are hereby assigned and transferred to the City of San Luis Obispo for the account of Donald R. Hubbard and Marlaine S •Hubbard/Thomas R Patterson and Paula E. Patterson, hereinafter collectively referred to as "Principal" as required by the Subdivision Map Act of the State of California for the purpose of securing the obligations set forth in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California for payment of 'the contractor, subcontractors, and persons renting equipment or furnishing labor• or materials to them for the improvements to be constructed pursuant to that certain agreement dated For Tract 16720 executed by and between Donald R. -Hubbard and Ma rlaine S. Hubbard/ Thomas R Patterson and Paula E. Patterson and the City of San Luis Obispo, a municipal corporation, and, in addition, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred in enforcing such obligations. The undersigned agrees that said funds are set-aside funds on deposit and guaranteed for payment and that it shall hold said funds for the account of Principal for the uses and purposes herein set forth, until such time as it receives written notice signed by the City Clerk of the City bf San Luis Obispo, authorising the release of said funds. Ik is specifically recognised and understood and agreed to by the undersigned that the full amount of monies, as set forth above, are to be maintained in said account at all times during the duration of this obligation and that any reduction or release in the fund amount to be maintained will only be done in accordance with Section 66499.7 of the Government Code of the State of California. i (This duplicate orig _ L replaces original letter whit bas lost) July 13, 1990 To City of San Luis Obispo Irrevocable Letter of Credit No. 7-156 (Page 2 of 2) For Payment of. Labor and Materials for Tract 1672; Landscaping and Driveways By execution and delivery of this Irrevocable Letter of Credit to the City of San Luis Obispo, the undersigned financial institution is relieved of any and all liability to Principal, except as herein specifically set forth. Dated at San Luis Obispo, California this 13th day of July, 1990. MID-STATE BANK San Luis Obispo Office 07 By: Linda inton Assistant Manager The undersigned hereby agrees to all the terms and conditions of the foregoing Irrevocable Letter of Credit and releases the financial institution exeeuting said Irrevocable Letter of Credit from all liability except as therein specifically set forth. Dated at San Luis Obispo, California, this 13th day of July, 1990. / A Donald R. Hubbard Thomas R. Patterson Marlaine S. Hubbard Paula E. Patterson In the event Tract 1672 is not approved by the City of San Luis Obispo, this Irrevocable Letter of Credit becomes null and void. C'-S� !!Ita!11 MID-STATE BANK SAN LUIS OBISPO 805-544-7070 75 Santa Rosa St..San Luis Obispo, CA 93401 (This duplicate original replaces original letter which was lost) July -13, 1990 City of San Luis Obispo Office of the City Clerk 990 Palm Street San Luis Obispo, CA 93401 IRREVOCABLE LETTER OF CREDIT 140. 1-157 FOR COMPLETION OF POSSIBLE REPAIRS ON TRACT 1672 IN SAN LUIS OBISPO: Warranty Bond The undersigned, Mid-State Bank, being a financial institution which is subject to regulation by the State of California or by the federal government, hereby pledges that monies to the extent of $20,000:00 (TWENTY THOUSAND AND N0/100 DOLLARS) are hereby assigned and transferred to the City of San Luis Obispo for the account of Donald R. Hubbard and Marlaine S. Hubbard/Thomas R. Patterson and Paula E. Patterson, hereinafter collectively referred to as "Principal", as required by the Subidivision Map Act of the State of California for the purpose of any necessary repairs of public improvements for Tract 1672 on Bullock Lane in San Luis Obispo in accordance with Subdivision Map Act Section 66499.9 (c) and City Municipal Code Section 16,44.120 (e) . This deposit is to be released after one year from date of acceptance of improvements on the condition that any defects that may have become apparent during that time have been remedied to the satis- faction of the City Engineer. The undersigned agrees that said funds are set-aside funds odeposit and guaranteed for payment and that upon receipt of written demand, signed .bny the City Clerk of the City of .San Luis Obispo, the undersigned shall immediately pay said funds or such amount thereof as shall be set forth in said demand, to the City of San Luis Obispo for the purposes set forth above. By execution and delivery of this Irrevocable Letter of Credit to the City of San Luis Obispo, the undersigned financial institution is relieved of any and all liability to said Principal, except as herein specifically set forth. Dated at San Luis Obispo, California this 13th day of July, 1990. MID-STATE BANK San Luis Obispo Office 07 C B G� Y� Lindlf Minton Assistant Manag (This duplicate original replaces original letter which was lost) July 13, 1990 To City of San Luis Obispo Irrevocable Letter of Credit No. 7-157 (Page 2 of 2) For Completion of Possible Repairs on Tract 1672; Warranty Bond The undersigned hereby agrees to all the terms and conditions of the foregoing Irrevocable Letter of Credit and releases the financial institution executing said Irrevocable Letter of Credit from all liability except as therein specifically set .forth. Dated at San Luis Obispo, California this 13th day of July, 1990. Donald R. Hubbard Thomas R. Patterson Marlaine S. Hubbard Paula E. Patterson RESOLUTION NO. 6627 (1989 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 1672 LOCATED AT 3450 BULLOCK LANE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings• That this council, after consideration of.the tentative map of Tract 1672 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings: 1. The design of the tentative map and proposed improvements are consistent with the general plan. 2. The site is physically suited for the,type and density of development allowed in the R-2 zone. 3. The design of the,tentative map and the proposed improvements are not likely to cause. serious health problems, substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. O4. 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. 5. 'The Community Development Director has determined that the proposed subdivision will not have a significant effect on the environment and has granted a negative declaration based on the incorporation of mitigation measures listed in initial study ER2-89 which is incorporated by reference. _ 6. The proposed exceptions do not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity. 7. Because of special circumstances, notably the creek which traverses the property and the irregular shape of the parent parcel, the strict literal application of the Subdivision Regulations would be deprive the property owner of privileges enjoyed by other properties in the vicinity. S. The cost to the subdivider of strict literal compliance with the regulations is not a reason for granting the modification. SECTION 2. Exceptions. The approval of the tentative map for Tract 1672 shall be subject to the following exceptions: 1. A 46 foot right-of-way with 32 foot pavement section including curb gutter and sidewalk along the northerly frontage only is hereby approved for the proposed cul-de-sac, as shown on Exhibit 'C. 2. An exception is granted to allow a 60 foot depth where 90 feet is required for proposed parcel S. 6627 �5. � Resolution No. 6627(1989 Series) Tract 1672 Page 2 3. An exception is granted to allow an average width less than 60 feet for proposed parcel 7. I SECTION 3. Conditions_ The approval of the tentative map for Tract 1672 shall be subject to the following conditions: 1. A permanent open space and pedestrian access easement shall be dedicated to the city for the areas generally shown on attached Exhibit "B", and subject to the approval of the Community Development Director and City Attorney. The open space and access casements shall run with the land and provide the following limitations on land use or alterations: a. No structures or solid fencing shall be placed on or within said premises: b. No advertising of any kind shall be located within said premises except for a project identification sign. C. The general topography of the area shall be preserved substantially in its existing condition. No grading shall be allowed except as permitted by the Community Development Director. d. No removal of vegetation except for fire protection or other hazards or elimination of diseased growth as approved by the Community Development Director. C. The open space and pedestrian access easement shall include an area which is 20 feet from the top of the bank of the creek. f. All of the willows on the project site shall be preserved. g. The open space easement shall be maintained by the property owner except the pedestrian access easement if accepted by the city, and except for clearing by the City for flood control and drainage purposes. 2. The applicant shall submit a creek vegetation restoration plan to the Community Development Department and Department of Fish and Game for review and approval which shows: The trunk diameter, species and status of each tree (to be removed, Preserved and safety pruned, etc.). -- Planting of additional vegetation along the creek, showing size, type and location. Clearing of debris and refuse from the creek channel. 3. The applicant shall construct one-half of Bullock Lane plus a 12 foot travel lane along the project's entire Bullock lane frontage, to the satisfaction of the City Engineer. • -t Y if ' .. f� v-� .. • ' .. IT} of.r�%y;y I „ -{ . Resolution No.6627 (1 989 Series) Tract 1672 Page 3 4. The applicant shall dedicate to the city and improve a full cul-de-sac turnaround of 50-foot property line radius including curb, gutter, sidewalk, driveway approaches, street tree easement and public utilities easement. Street pavement shall be installed to the satisfaction of the City Engineer and shall be a 46-foot right-of-way for the cul-de-sac which includes curb, gutter and sidewalk along the northerly side of the street and curb only along the southerly (creek) side as shown on Exhibit 'Co. 5. The parking island in the center of the cul-de-sac turnaround shall be deleted. 6. A noise evaluation shall be done of the site which identifies all areas subject to 60 Ldn noise exposure. The study shall identify mitigation measures which shall be incorporated into the design of any development plans on the affected lots. All Projects on parcels falling within the 60 Ldn contour shall be designed to satisfy the exterior and interior noise standards contained in the Noise Element of the general plan. 7. Any runoff directed to the creek from the project shall be done in a non-erosive manner. 8. A 6-toot fence shall be installed along the portion of the proposed subdivision which n borders the adjacent parking lot for the nonconforming commercial use. 9. The final map shall delineate common driveway and access easements for all lots sharing a driveway apron as depicted on the preliminary development plan. 10. Notice of potential building restrictions due to water limitations shall be recorded with each lot. On motion of Councilmember Rappa seconded by Councilmember Pinard and on the following roll call vote: AYES: Councilmembers Rappa, Pinard, Reiss and Mayor Dunin NOES: Councilman Settle ABSENT: None � I 6S�o� -:f 5�..�r ^� •. - ash t:n,'a:;p,.��ci�s.,'�; �. t i ��. i , •"'. 9 • .d '7' *T��e'.� �'f"y5 '.(.N�4 5 by'^� r r P ,. cw • f�• •^a'ti��rr yY ` ' s ' i J.• ' + [f �• .� M1 YY�. RyYf'•�:. '. .w ti � 1'^If1i i=7 �, fY. = w .''0' 4. n Reso]ahon N6:" �6 7f1989 Senei) -' '` v _;• s iz"-a *�� z x ,,�>•.< < Tract ^1b72 .; . Page the foregoing resolution was passed and adopted this 6th June day of 1989. Mayor Ron ijunin ATTEST: Cit Clerk Pam ges APPROVED: City A inistrative Officer City Attorn Community Development Director is C'•S-��f Recording Requested by: APN 53-071-13 Donald R. Hubbard 153 North Broad Street San Luis Obispo, CA 93401 When Recorded, return to: Community Development Department City of San Luis Obispo P.O. Box 8100 San Luis Obispo, CA 93403-8100 OPEN SPACE AND PEDESTRIAN ACCESS EASEMENT This indenture, made and entered into this day of ,. 19 , by and between THOMAS R. PATTERSON, PAULA E. PATTERSON, DONALD R. HUBBARD, AND MARLAINE S. HUBBARD. hereinafter called "Owners" and THE CITY OF SAN LUIS OBISPO, a municipal corporation of the State .of California, hereinafter called "City. " WITNESSETH: WHEREAS, Owner possesses certain property situated in the City Cof San Luis. Obispo, County of San Luis Obispo, State of California, hereinafter described as "the subject property, " and more particularly described in Exhibit A and B, attached hereto and by this reference incorporated herein; and WHEREAS, the subject property has certain natural scenic beauty and existing openness; and WHEREAS, both Owner and' City desire to preserve and conserve for the public benefit the great natural scenic beauty and existing openness, natural condition and present state of use of said property .of the Owner; and • WHEREAS, the Owner has requested approval of Tract 1672, an eleven lot residential development of which 0.571 acres 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 and pedestrian access easement with conditions hereinafter expressed; and WHEREAS, the Owner of said property submitted plans and Final Tract 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 and pedestrian access easement on a portion of said property, and WHEREAS, the Owner is willing to grant the perpetual open space and pedestrian access easement on said 0.571 acres as a 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. NOW, THEREFORE, in consideration of the premises, and in compliance with Chapter 6.6 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 promises, 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 City an open space and pedestrian access easement in and to the property described in Exhibit A, said grant of 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. 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 the variousacts 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 appurtenances for agricultural uses consistent with the .open space character and intent of this document. b) No advertising of any kind or nature shall be located on or within said premises except for one project identification sign as approved by the City Community Development Department. c) Owner shall not plant nor permit to be planted any vegetation upon said premises except as may be associated with erosion control consistent with the provisions of this agreement or as otherwise approved by the City Community Development Director. d) Except for the construction, alteration, relocation and maintenance of trails and utility 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 U suffered. 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, or as required for thinning, elimination or diseased growth and 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 within 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. Land uses permitted, or reserved by this instrument shall be subject to the ordinances of City regulating the use of land. 4. This easement shall remain in effect in perpetuity. 5. The City shall have the right to construct public trails and related improvements reasonably necessary for the public use ,— and consignment of the open space easement, and be responsible for the maintenance thereof. 6. This grant may not be abandoned by the City except pursuant to all of the provisions of Section 51061 of the Government Code of the State of California. 7. This grant of open space easement, upon execution and acceptance in accordance with Part 1 of Division 1 of Title 5 of the Government Code of the State of California commencing with Section 51070, shall be deemed to be an enforceable restriction with the meaning of Article XXVIII of the Constitution of the State of California. S. The trust deed beneficiaries and mortgagees, if any, listed on the Preliminary Title Report referred to above, and whose signatures are affixed hereto, do hereby assent to this grant of an open space easement and, further, do hereby subordinate their respective interest to the restrictions imposed by this grant. 9. The terms contained herein shall be binding on the parties hereto and their successors and assigns. 10. This open space easement shall be effective upon the effective date of recordation of Tract 1672. IN WITNESS WHEREOF, the parties hereto have executed this document on the day and year first above written. r OWNERS: 2� - /N/i� Thomas R. Patterson Date Paula E: Pre ;pn Date �! ¢ -A C{G Donald R. bubar Date Marlaine S. Hubbard Date CITY OF SAN LUIS OBISPO Arnold Jonas, Community Development Director Date. Attachments Legal description, Exhibit A Easement map, Exhibit B Title report GENERAL ACKNOWLEDGMENT NO-201 6;a�1�"'??.?�' - ""'�e":ri` - ':v�%1'cid_.cede:"�ye'+�i-.eu+Y�li�:=�e:i•:c', i; State of rai ;;eornja On this the 2 2 day of August 19 before me, , :i SS. ,,. Countyof San ,Luis Obsipo ` the undersigned Notary Public,personally appeared h; Marlaine S. Hubbard and Thomas R. Patterson E(e: OFFiC!4!SEAL M personally known tome JUMH R FR1M%wjER Nctry S ubi sCafi bmis Proved tome on the basis of satisfactory evidence y,N wa Oo SpOCDUNiY to be the person(s)whose name(s) are Subscribed to the within instrument,and acknowledged that they executed it. f.!y Comm.Exp- 1939 WITNESS my hand and official seal. K. _i N y's Signature 71110 122 NATIONAL NOTARY ASSOCIATION.23012 Vwttwa eIvV •PO.60s 4625•wWdjand Milts.CA 9136• GEXHIBIT A LEGAL DESCRIPTION X10 THAT PORTION OF LOTS' llf,,OF TRACT NO. 1672 AS SHOWN ON MAP FILED IN BOOK AT PAGE OF MAP BOOKS IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID TRACT NO. 1672, SAID POINT BEING A 1" I.P. AND TAG "RCE 30412": THENCE NORTH 330 34 ' 46" WEST ALONG THE NORTHEASTERLY RIGHT OF WAY OF BULLOCK LANE 34.02 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 20.00 FEET; THENCE LEAVING THE RIGHT OF WAY LINE OF BULLOCK LANE AND PROCEEDING NORTHEASTERLY ALONG THE SOUTFLERLY RIGHT OF WAY OF WILLOW CIRCLE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 890 '56' 53" AND AN ARC DISTANCE OF 31.40 FEET TO THE BEGINNING OF A TANGENT. REVERSE CURVE, CONCAVE NORTHWESTERLY HAVING A RADIUS OF 152.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 270 20' 21" AND AN ARC DISTANCE OF 72.53 FEET TOA TANGENT LINE; THENCE NORTH 290 01' 46" EAST, 40.02 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 88 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 290 22 ' 47" AND AN ARC DISTANCE OF 45.12 FEET TO THE BEGINNING OF A TANGENT REVERSE CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 442.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90 40' 20" AND AN ARC DISTANCE OF 71.24 FEET TO A TANGENT LINE; THENCE NORTH 480 44 '13" EAST, 96.66 FEET TO A POINT; THENCE LEAVING THE SOUTHEASTERLY RIGHT OF WAY OF WILLOW CIRCLE NORTH 500 18 ' 08" EAST, 143.43 FEET TO INTERSECT THE SOUTHEASTERLY BOUNDARY LINE OF SAID TRACT NO. 1672; THENCE SOUTHEASTERLY ALONG SAID BOUNDARY LINE THE FOLLOWING 5 COURSES AND DISTANCES: SOUTH 280 51' 28" WEST, 156.77 FEET; THENCE SOUTH 490 35' 28" WEST, 80.49 FEET; THENCE SOUTH 430 29128" WEST, 102.61 FEET; THENCE SOUTH 41° 51' 28" EAST, 103.33 FEET; THENCE SOUTH 560 26' 28" WEST, 59.39 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.571 ACRES. i ; w V � , all t� Q\ L . O~ b W W d (\R— Z M" h tVI i \ {L1 a a M OLL,Q b 11 y 7 y e uj a V. � � a ` ^ \ Q41 5 Q Q v 1 V O Q W h 1 � � 11 h 11 i 11 I o II 11 3• - II of 11 11 13 N Cn 1 , 1 -____ (d) Ownei: derstands that the City cannot re: ate veni:Ae usage or hazards upon said cordon access driveway and agree jointly and individually, to Cdefend and hold the City harmless from all claims for damages or l .abilit:y arising fr= 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 datttaged -lirough the intentional or negligent acts of said party, or parties; or his or uheir licensees and invitees. 3. The parties agree that this easement is superior and pararzunt to the rights of any of the parties in the respective servient estates so credted, ani that it is a covenant running with the, land. 4. As required by the city, additional information is attad,(_� to this grant of easement and incorporated by reference as Tract 1672 Final Map 11B rre is r f� F , MRite�"-r10/I7e"�) \ `•- �n611\�/ - ��.LLK� � _ %h'�Gy�Qiwt S I1�w+7�+1/I Donald R. Hubbard Date Mar a.ine S. Hu bard Date I"r""t s / A6�ii/l o1+..� E Y + Thomas R. Patterson Paula E. Patterson Stateof California Ontnistne 13- da of June iso Y -_19_ before me, County of San Luis Obispo u' the undersiOAed Notary Public,personally appenred Donald R. Hubbard, Marlaine S. Hubbard, Thomas. R. Patterson and.Paula E. Patterson nom _SERL t �C Personally known to me IN proved tome on the basis of satisfactory evidence /) D;:: ='--o C=N to be the persona)whose names) are --subscribed to the .Y Lt;C r-a c� F.".�D,t^.� within instrument,and acknowledged that they _ executed it. — WITNESS my hand and official seal.. Notary's Signre City Official Date — STATE OF CALIFORNIA COUNTY OF SAN LUIS OSISPO. .ss. On this day of in the year _, before me _ Personally appeared know to me to be of —, and known to me to be the person who executed the within instrument on behalf of said public. corporation, agency or political subdivision, and acknowledged to m, that i executed the same. (SEAL) :rotary Public REi0Rr-!Nr. REQUESTS -_, ---- i ary off` , San lUis owpo WmEN RECORDED MAIL TO COMMUNITY DEVELOPMENT DEPARTMENT' CITY OF SAN LUIS OBISPO P.C. Box 8100 San Luis Obispo, CA 93003-8700 I SPACE ABOVE THIS LINE FOR .!:CORDER'5 USE GRMT OF EAMEW FOR COMKDN DRIVEWky .41'N »'-C7; -G2/ This Agreement is entered into between the QTY OF SAN LUIS ')BT:?O, a Municipal o ration Donald R. Hubbard, — rpo (hereafter referral to as "City" ) and Marrni nc C r7tilnhnrA _ Thomas R. Patterson & Paula E. Patterson I (hereinafter referred to as "Owner") with reference to the follo in-1 facts: A. Owner owns the f01100ing described real property situated .n the C_.y of �! San Luis Obispo, County of San Luis Obispo, State of California, rn .+it: tLots 1 through 11 of. Tract 1672 recorded in map book at page in the office of the County Recorder, being a resubdivision of Parcel Map 85-220 recorded in parcel map book page B. Owner desires to construct residences on each of said lots. and, C. City; as a condition of said development, requires the cre::.tion of common driveway easeme=to serve said lots, for the benefit of each of th.-n, and for the 1 benefit of Owner. The parties hereto agree as follows: III 1. Owner hereby dedicates an easemsm for a canrpn driveway or•t:x said property and as shown on _Mao of Tract 1672 for the use and ber••:it of all of i I said lots, including drainage. 2. Owner and his heirs; and assigns hereby agree to carply wri.-:% the follao: w terms and conditions: (a) The owners of lots 1 through T1 their heirs and assi,rs will be Jointly responsible to igxove; maintain arra keep in repair said. driveway:. (b) Prohibit all parking an the gammon access portions. (c) owners agree jointly and individually to reimburse thy. City of Sart Luis Obispo for all costs Connected with the removal of vehicles fr<i the a"con acce=ss portions, and will reinburse the City for, and hold the City icer-ii.ess frrxn, all final judgments against the City for dsrages or other liabilir.J --rising From the / enforcement of the aforesaid prohibition against parting. j I I I