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
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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
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City E 'neer
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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
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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
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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.
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City bhgineer
sub-agr/tl672
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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
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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�
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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.
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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
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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.
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(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
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