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HomeMy WebLinkAbout10/02/1990, C-5 - FINAL MAP APPROVAL FOR TRACT NO. 1360 (UNIT 2), A 52-LOT RESIDENTIAL SUBDIVISION AT 4400 POINSETTIA MEETING DATE: iWHilllf�l►a�Ill city of san �JIS oBIspo Oct. 2, 1990 IIIINGe COUNCIL AGENDA REPORT Imo"'NUMBER: - FROM: David F. Romero, Public Works Director Wayne A. Peterson, City Engineer Prepared by: Gerald W. Kenny, Supervising Civil Engineer SUBJECT: Final Map Approval for Tract No. 1360 (Unit 2) , a 52-Lot Residential Subdivision at 4400 Poinsettia Street (French Brothers Development Co. , Subdivider) RECOMMENDATION: Adopt resolution .approving the final map for Tract 1360 (Unit 2) . BACKGROUND: This tract consists of 52 single-family residential lots, plus 5 lots for the City-owned creekway/park, a detention basin and linear parks. The subdivider has complied with the conditions of the tentative map as contained in Resolution No. 6484 (1988 Series) and the final map has been checked and found to be in substantial conformance with the tentative map. All fees have been paid as noted on the Fee and Bond List. Plans have been approved and bonds have been submitted for Faithful Performance and Labor & Materials to guarantee the installation of the subdivision improvements, as specified in the attached subdivision agreement. A drainage maintenance access easement has been submitted in favor of the City which allows access to the outlet of an existing public storm drain. It will be recorded along with the final map. This access is outside the tract boundary, via Fuller Road, and lies within unincorporated territory. This easement replaces the current access which is being developed with a residence. In addition, an offsite easement has been submitted to allow the construction of a required 16-inch diameter water main extension between Broad Street and the Edna Saddle Water Tank in accordance with the Edna-Islay Specific Plan and the above-mentioned resolution. CC & R's have been approved which includes provisions for maintaining a new detention basin, linear parks, as well as the neighboring detention basins and linear park areas in accordance with the Edna-Islay Specific Plan and the tentative map conditions. A "notice to future property owners" has been submitted and will be recorded along with the final map which indicates possible delays in obtaining building permits due to the drought, as per the above- mentioned resolution. m��►�I�IIIIIII�a► Il��jl city of San LUIS OBISpo Me At COUNCIL AGENDA REPORT J Tract No 1360 (Unit 2) Metting of Page Two ALTERNATIVES: Option 1: Adopt resolution approving the final map for Tract No. 1360 (Unit 2) , and authorizing the Mayor to accept the offsite drainage access and waterline easements, and to execute the subdivision agreement. STAFF RECOMMENDED ACTION Option 2 : Deny approval of the final map if the Council finds that any conditions have not been satisfactorily met. I CONSEQUENCES OF NOT TARING THE RECOMMENDED ACTION: Delay in filing the final map and issuance of building permits. CONCURRENCES: The Community Development Director and City Attorney concur with the recommended action. i RECOMMENDATION: Adopt resolution approving the final map for Tract 1360 (Unit 2) , and authorizing the Mayor to accept the offsite drainage access and waterline easements, and to execute the subdivision agreement. I Attachments: 1 - Draft resolution j 2 - Map 3 - Checklist 4 - Resolution No. 6484 (1988 Series) 5 - subdivision Agreement including Fee & Bond List 6 - Bonds 7 - Drainage Access Easement 8 - Waterline Easement 9 - Notice re: Building Permit delays P: \jerry\Tl360FM.wp I �S� CI RESOLUTION NO. (1990 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP FOR TRACT NO 1360 (UNIT 2) (FRENCH BROTHERS DEVELOPMENT CO. , SUBDIVIDERS) WHEREAS, the City Council made certain findings concerning Tract 1360 (Unit 2) contained in Resolution No 6484 (1988 Series) , and WHEREAS, a waterline easement, a drainage access easement, have been submitted, and WHEREAS, all other conditions required per Resolution No. 6484 (1988 Series) for Tract No. 1360 (Unit 2) have been met and/or are guaranteed under a Subdivision Agreement and bonds for Faithful Performance and Labor & Materials. NOW THEREFORE BE IT RESOLVED that final map approval is hereby granted fo"r Tract No. 1360 (Unit 2) and the Mayor is hereby authorized to execute the Subdivision Agreement and to accept the waterline and drainage access easements. 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. 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' ,°• city of san ,pis oBispo MUGO y+�..•;1`�;� FINAL MAP APPROVAL CHECKLIST PROJECT NAME "FASTFORK" – French Brothers Development in F.dna Area DESCRIPTION 52 single family residence tract and creek and detention basin MAP NUMBERTr 13 00-II SPECIFIC PLAN REZONING GEN.PLAN USE PERMIT VARIANCE ARC OTHER PUBLIC IMPROVEMENT CONDITIONS M DESCRIPTION INITIAL 'DATE COMMENTS 1 GRADING Including planting &retaining walls H.B. 9/11/90 Plans sizned, bonds posted 2 STORM DRAINS& DRAINAGE STRUCTURES 3 SEWERS&SERVICES 4 WATERLINES&SERVICES 5 FIRE HYDRANTS 6 CONCRETE Curbs and Gutters Sidewalks Driveways 7 STREETS IA PAVING Pavement Signing, striping and curb painting 8 NON-CITY UTILITIES P.G.&E. — Electrical Street Lights Cable TV Telephone Co. Gas Company 9 FEES RECEIVED(Water,Sewer) 10 I PUBLIC IMPROVEMENTS payments received 11 AGREEMENT CONDITIONS have been met 12 MONUMENTATION ry ?z %y/ (J v • - ti. 13 STREET TREES 14 OFFSITE WORK 15 BOND/GUARANTEE deposited _ 16 PARK dedication or In-lieu fees 17 Derictsit Account Status OTHER CONDITIONS 18 Board of Adjustments 19 Planning Commission _I 20 Architectural Review Commission I 21 City Council 22 Abandonments 23 ( Other ATTACH LIST OF CONDITIONS &SUBDIVISION AGRREMENT COMMUNITY DEVELOPMENT APPROVAL 52.E PUBLIC SERVICES APPROVAL �s-io RESOLUTION NO. 64c.6 (1933 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF VESTING TENTATIVE TRACT NO. 1360 LOCATED AT 4400 POINSETTIA STREET BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findines. That this council, after consideration of the vesting tentative map of Tract 1360 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 and specific plan for the Edna Islay area. 2. The site is physically suited for the type and density of development allowed in an R-I-SP zone. 3. The design of the subdivision and the proposed improvements are not likely to cause serious health problems, substantial environmental damage or substantially and unavoidably. injure fish or wildlife or their habitat. O4. The design of the subdivision or the type of improvement will not conflict with easements for access through (or use of property within) the proposed subdivision. 5. The Community Development Director has determined that the proposed subdivision is substantially in compliance with the Edna Islay Specific Plan and that an environmental impact report was certified for the specific plan, and no further environmental study is needed. SECTION 2. Conditions: That the approval of the vesting tentative map for Tract 1360 be subject to the following conditions: 1. Multiple final maps may be filed. ✓ 2. Development of the subdivision must be in accordance.with the Edna-Islay Specific Plan. 3. Fire protection facilities required by the fire department are to be installed by the developer. Such facilities, including all access roads, shall be installed and made serviceable prior to and during the time of building construction. -Q 4. All structures will require an approved, automatic fire-sprinkler system, to the satisfaction of the Fire Department. Recontoured banks of the creek will be revegetatcd with indigenous plant species that are drought resistant, require minimal maintenance and that are suitable for wildlife �� in the area. Resolution No. 6154 (1988 Series) I Tract 1360 � Page 2 .6. Bicycle/pedestrian paths shall be designed in accordance with the Edna-Islay Specific 3 Plan, to the approval of the Community Development Director. 7. Access points to the creek shall be located and improved to the satisfaction of the " 2 Community Development Director and City Engineer. I, 8. A creek. prOtecSion and restoration plan.must be submitted to the approval of the City Engineer and Community Development Director, along with improvement plans. Such plan must show improvements to the creek extending from the bicycle/pedestrian path (where it is proposed) to 20' beyond the top of bank on the opposite side, including all landscaping and erosion protection methods. 9. The edge of the bicycle/pedestrian path closest to the creek shall be set back at 5 least fifteen feet from the top of bank, except for areas within 120 feet of the Poinsettia Street right-of-way and where the path enters the creek to go under the 2-3 railroad. In those places where the path is nearer than fifteen feet, dense vegetation shall be planted between the path and the creek. "• - -2 10. The creek crossing method must be within the guidelines established in the Flood Prevention Policy adopted by the city, unless an alternative is specifically approved by the council. /1 11. Access to the creek will be provided to the satisfaction of the Community Development [�M•'� Department. Improvements to allow access shall be shown on the creek protection and restoration plan. LZ 12. Detention basins shall be unfenced and maintained by the tract homeowner's I(M� association. A maintenance schedule and reporting procedure shall be submitted to the City Engineer for review and approval. The schedule shall include periodic reports to the city on the condition of the basin. 13. The neighborhood park shall be completed in phases, as described in the Edna-Islay ( 5 Specific Plan andapproved as part of Tract 1235. The subdivider shall repord a lien or alternative approved by the Community Development Department, equal to 5750 per unit for park improvements, to become due and payable to a special fund, maintained by the city, upon transfer of the lots or dwelling units.. �.3 14. All street lights must be spaced less than 200' to 250' apart, per city standards, to the satisfaction of the City Engineer. 15. Water acreage fees and sewer lift station charges are required to be paid prior to recordation of the Final Map. 3 16. All lots must be served by individual water, sewer, and utilities. (3 17. All public improvements must comply with city standards and are subject to . modifications to the satisfaction of the City Engineer. �s-Aa O Resolution No. 6-= 34 (1988 Series) Tract 1360 Page 3 18. Final plans must provide for drainage between Wisteria and Lily and also between Tulip and Yarrow to the satisfaction of the City Engineer. 19. Final map must indicate the existing flood zone per the Flood Insurance Rate Map. All residences in the flood zone must have finished pads a minimum of one foot above the 100 year storm elevation. Flood map amendment must be processed with FEMA b} developer's engineer to eliminate flood insurance requirements for those lots. adjacent to the channel. 1 2 20. Subdivider must submit plans and calculations that specifically address- 'the effects of all proposed grading within the flood zone. Plans must indicate any impacts during a 100-year storm to the satisfaction of the City Engineer, Department of Fish and Game, and the Corps of Engineers. Ij' 2 21. The detention basin must be designed per standard established by the Edna-Islay Specific Plan and to the satisfaction of the City Engineer. Detention basin must be protected against erosion from the adjacent creek. 22. All lots must drain to the street or as approved by the City Engineer. 23. The emergency access road must be constructed with an all-weather surface to the I �3 satisfaction of the City Engineer and Fire Department. This road must extend to the creek and southeasterly tract boundary, or other access must be provided for maintenance of the creek area, to the satisfaction of Public Works and Community Development Departments.. 24. A Public Utility Easement must be provided for in the buffer area adjacent to lot 40 for the possible future extension of public utilities, sewer, and water. 25. All residential water services must be sized to accommodate fire sprinklers to the satisfaction of the Fire Department. 26. The developer must dedicate a 1-foot vehicular non-access strip at the southerly end �y 77 of Goldenrod Lane, to the satisfaction of the City Engineer, and install a standard city barricade in this location. 27. Phasing of this tract and utilities may require off-site utility extensions within subsequent phases, to the satisfaction of the City Engineer. 28. The subdivider shall inform future lot buyers of the possibility of building permit delay based on the city's water shortage. Such notification shall be made a part of \ -� the recorded documentation for each lot. /29. The subdivider shall number all lots in the tract consistent with city-approved addressing plan. C Resolution No. 6484 (1988 Series) Tract 1360 Page 4 30. Grading plans must note that if grading or other operationsunearth archeological resources, construction activities shall cease. The Community Development Director j/ shall be notified of the extent and location of discovered materials so that they may be recorded by a qualified archeologist. Disposition of artifacts shall comply with state and federal laws. (� 31. The subdivider shall establish covenants, conditions, and restrictions for the �►(1/-Y,�,"f4 regulation of land use control of nuisances and architectural control of all buildings and facilities. These CC&R's shall be approved by the Community i 7 Development Department and administered by the homeowner's association. The subdivider shall include the following provisions in the. CC&R's for the Tract: a. Maintenance of linear parks, railroad buffer areas, and all storm water detention basins shall be by the homeowners' association in conformance with the Edna Islay Specific Plan. b. There shall be no change in city-regulated provisions of the CC&R's without prior approval of the Community Development Department. ��. 32. The subdivider shall provide for street furniture and signs for transit systems, to P ZDOO the satisfaction of the Mass Transit Committee. Vjj'rrj,L55 On motion of Councilwoman Pinard seconded by Councilman Reiss and on the following roll call vote: ' o� AYES: Councilmembers Pinard, Reiss, Rappa, Settle and Mayor Dunin rt,�� rrlgf NOES: None �.� ABSENT: None the foregoing resolution was passed and adopted this 16th day of August 1988. Mayor Ron uninRon unin ATTEST: I Cy Clerk P itam Voges 1 Resolution No. 6584 (1988 Series) Tract 1360 Page 2 APPROVED: City Ad inistrative Officer J City Attoq ey Community Development Director Ci STANDARD SUBDIVISION AGREEMENT THIS AGREEMENT is dated this day of by and between FRENCH BROTHERS DEVELOPMENT COMPANY, L.P. , A CALIFORNIA LIMITED PARTNERSHIP, herein referred to as "Subdivider, " and the CITY OF SAN LUIS OBISPO, herein referred to as the "City. " RECITALS REFERENCE IS HEREBY MADE to that certain proposed subdivision of real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, a description of which is shown on final parcel map of Tract 1360 - Phase II, City of. San Luis Obispo, California, as approved by the City. Council on the day of 19_ The Subdivider desires that said Tract- -1360 - Phase II be accepted and approved as a final subdivision map pursuant to the Subdivision Regulations of the City of San Luis Obispo (Title 17 of the San Luis Obispo Municipal Code) ,and It is a condition of said regulations that the Subdivider agree to install the improvements as set forth on the plans therefore. TERMS AND CONDITIONS: In consideration of the foregoing, the Subdivider does hereby agree to construct and install the following subdivision improvements in accordance with said subdivision regulations, and in accordance with approved plans and specifications on file in the office of the City Engineer, City of San Luis Obispo, to wit: 1 1. CURB, GUTTERS AND SIDEWALKS, 2 . STREET BASE AND SURFACING 3 . WATER MAINS and SEWER MAINS , including sewer laterals to the property line and water services to the curb stop. 4 . DRAINAGE STRUCTURES 5. ORNAMENTAL METAL ELECTROLIERS 6. ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION: In addition to the inspection . and approval of such facilit-ies by the City, each public utility shall be required to file a letter stating that the developer has properly installed all facilities to be provided by him, and that. the said utility is prepared to provide service to residents upon request. 7 . ANY & ALL OTHER IMPROVEMENTS shown on plans or required .by City regulations. All of the above facilities shall be installed in the locations designated and to the plans and specifications on file and approved by said City Engineer. The lines and grades for all of said improvements shall be established by the Subdivider in accordance with said approved plans and specifications. The Subdivider agrees that the work of installing the above improvements shall begin within thirty (30) days from the date of recording of the final map, and that the work shall be completed within twenty-four (24) months of said recording date, (except for landscaping per Item 7 , Exhibit 1) unless an extension has been granted by the City, provided that if completion of said work is delayed by acts of God or labor disputes resulting in strike action, the Subdivider shall have an additional period of time equivalent to such period of delay in which to complete such work. Any extension of time hereunder shall not operate to .release the C 2 �S �r surety on the Improvement Security filed pursuant to this agreement. In this connection, the surety waives the provisions of Section 2819 of the Civil Code of the State of California. No building permits will be issued nor occupancy granted after the expiration date of the agreement until completion and acceptance of all public improvements (except for landscaping per Item 7 per attached Exhibit 1) , unless specifically approved by the City. The subdivider does also agree to comply with the conditions established by the Planning Commission and/or the City Council for this subdivision 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, instruments of credit or bonds 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 are in the amount of $1,610 .000.00 , which is the amount of the estimated cost of said improvements. (See fee and bond list, attached, for component breakdown for separating landscaping and Prado Road waterline. ) Subdivider agrees to remedy any defects in the improvements arising from faulty workmanship or materials or defective construction of 3 i said improvements occurring within twelve (12) months after acceptance thereof. In accordance with Sections 66499 .7 and 66499 .9 of the Government Code of the State of California, upon final completion and acceptance of the work, City will release all but 10% of the improvement security, that amount being deemed sufficient to guarantee faithful performance by the Subdivider of his obligation to remedy any defects in the improvements arising within a period of one year following the completion and acceptance thereof. Completion of the work shall be deemed to have occurred on the date which the City Council shall, by resolution duly passed and adopted, accept said improvements according to said plans and specifications, and any approved modifications thereto. Neither periodic nor progress inspections or approvals shall bind the City to accept said improvements or waive any defects in the same or any breach of this agreement. If the Subdivider fails to complete the work within the .prescribed time, the Subdivider agrees that City may, at its option, declare the instruments of credit or bonds which have 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 labor and materials bonds with the City, in the total amount of 50% of the above described subdivision improvements in accordance with State law (50% of C' $1, 610, 000 . 00 = $805,000.00) . 4 /jS-/9 1 Said Subdivider has deposited with the City the sum of $48,300 . 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 for labor and material costs by City to install signs and striping, as appropriate, 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 $48,300.00 , 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 are hereby referred to for further particulars in interpreting and defining the obligations of the Subdivider under this agreement. It is understood and agreed by and between the Subdivider and the City hereto that this agreement shall bind the heirs, executors, administrators, successors and assigns of the respective Parties to this agreement. It is agreed that the Subdivider will furnish copies of the successful bidder' s contract unit prices and total bid prices for all of the improvements herein referred to. IN WITNESS WHEREOF, this agreement has been executed by: i 5 �s�o Y OCITY OF SAN LUIS OBISPO SUBDIVIDER MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: Atr WCity Engineer O sub—agr/t1360—II by e C 6 May 7 , 1990 EXHIBIT 3 TRACT. 1360 - UNIT II SUBDIVISION AGREEMENT 1. The Subdivider has deposited a monumentation guarantee in the amount of $4 , 600. 00 to cover the installation of survey monuments in accordance with the approved map and payment for same. Said guarantee will be released to the Subdivider upon receipt by the City of a letter from the Engineer indicating they have completed the work and have been paid. 2. The Subdivider shall inform lot buyers of the possibility of building permit delay based on City's water shortage per Condition 28 of Resolution No. 6484 (1988 Series) . 3 . Park-in-lieu fees are not required for Tract 1360 (Unit 2) since a park was dedicated in Tract 1235, which also fulfilled park dedication requirements for this tract. 4. The development of the subdivision must be in accordance with the Edna-Islay Specific Plan, per Condition 2 of Resolution No. 6484 (1988 Series) . 5. Subdivider shall provide for payment of $750. 00 to the City through escrow for each dwelling unit as a park development fee. These payments are payable prior to occupancy releases or property transfers in lieu of filing liens as prescribed in Condition 13 of Resolution No. 6484 (1988 Series) . Terms and conditions of escrow to be in a form and content satisfactory to the City Attorney. 6. Water acreage and sewer lift station fees were paid per Condition 15 of Resolution No. 6484 (1988 Series) as follows: (Water Acreage) 8. 09 Ac X $1955/Ac = $15, 815. 95 (Sewer Lift Station) 3 gpm/Ac X 8. 09/Ac x $131. 55/gpm _ $3 , 192..71 7 . The Subdivider agrees to postpone planting of the required 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. 8 . The Subdivider agrees to install the 16" waterline from the Edna Saddle waterline to Broad Street per the Edna-Islay Specific Plan per the following schedule: A. The estimated design and construction costs for the 16" water main are included in the subdivision bonds. The off-site easement for the waterline has been acquired. The final plans must be approved by the. City prior to construction. i B. Up to half of the building permits will be authorized by the City upon final map approval. The other half will be subject to evidence of satisfactory prosecution of this work, as determined by the City Engineer and/or Utilities Director. Occupancies of the second half of the building permits will be denied until completion of the connection. 9 . The Subdivider shall grade, landscape and make provisions for the Homeowner's Association to maintain the detention basin and the linear park (Lot B) , including the widened right-of-way adjacent to Lots 33 and .34 . Subdivider shall also improve with erosion protection an all-weather access road from Fuller Road to the existing detention basin in the County and make provisions for the Homeowner's Association to maintain it upon final approval by City. 1O. The Subdivider shall install park improvements for E.A. French Park per the approved phasing plan for Park Phases 3 & 4 (Tract 1360 - Phases I & II) , including lighting, walls, paving, mow curbs, steps, trash enclosures, gates and catch basin. O C� EXHIBIT 2 TRACT 1360 — PHASE II FEE AND BOND LIST Bonds& Guarantees: Amount Form of Surety Received 1. Faithful Performance A. Basic improvements s1'000'000.00 I B. Prado Rd. Waterline $ 250,000.00 C. Landscape, sound wall, creek rip-rap, French Park, etc. $ 360,000.00 2. Labor.& Materials A. Basic improvements $ 500,000.00 B. Prado Rd. Waterline $ 125,000.00 C. Landscape, etc. $ 180,000.00 5 3. Monumentation Trust Guarantee $ 4,600.00 Fees: AccountNumber 1. Construction Inspection Dep. $ 48,300.00 681-9210-220-130 (3% x 1,640,000) 3. Water Acreage Fee $ 15,815.95 050-0017-071-020 ($1955/AC x 8.09 AC) 4. Sewer Lift Station Fee 052.-0017-074-030 $131.55 x 3 x 8.09 AC = 3,192.71 $13155 x 2 x 8.68 AC* = 2,283.71 5. Park-in-Heu fee (fulfilled NR with park dedication in Tract 1235) TOTAL FEES $ 69,59237 RECEIVED PRIOR TO FINAL MAP: Future Fees: 1. Park Development Fee** $ 750.00 per lot *Correction for erroneously calculated sewer fee collected for Tract 1-360 (Phase 1). It was calculated at $131.55 x 8.68 AC instead of$131.55 x 3 x 8.68 AC as shown on the fee list and in the subdivision agreement. **To be paid prior to building permit final or through escrow of each lot. (See Item 5, Exhibit 1) 9 52 7 D 2794A_- 0001 i' INSURANCE.COMPANY OF THE WEST P.O. Box 85563 San Diego, CA 92186-5563 Bond No. 113 19 34 Premium: 57,700.00 { STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) On September 17, 1990 before me, the undersigned, a Notary Public in and for said County and State. duly commissioned and sworn, personally appeared Charles E. French, personally known to me to be General Partner of Santa Lucia Hills, a general partnership,-the partnership that executed the within instrument, and known to me to be the person who executed the within instrument on behalf of said partnership, said partnership being known to me to be the General Partner of French Brothers Development Company,L.P.,A California Limited Partnership the limited partnership that executed the within instrument and acknowledged to me that such partnership executed the same as General Partner and that such limited partnership executed the same. WITNESS my hand and official seal. OFF ICIAL.SFAL / . GRYN IIARLENE STUMPENNAUS Maab Puwc-Quawnr ��,ll. �: I I.bL l a► SAM LUIS 081WO COUNTY OMy Caen.Erm.QCI.2.1997 NOTARY PUBLIC 1 STATE OF CALIFORNIA COUNTY OF Santa_ Clara ss On this 14th day of September, in the year 1990 before me,the undersigned Notary Pule, in qct f r the State of California, personally appeared _- -RODtn S. Wes 1 I om[aL�t personally known to me (or proven to me on the basis of satisfactory, CHARLES M.GRISWOLD evidence) to be the person who executed the written instrument as Attorney- R81C-s��tOFeerc06,t 5WIAMARA000IM In-Fact on behalf of the Corporation therein named and acknowledged to me Mreommbons L2T lm that the Corporation executed it. Given under my hand and the Notary Seal this 14th day of September A.D.19 9n . My Commission expires 19Q9 4w Cal 715x104/861 Notary Pucuc C �nY�t tiT BOND—PUBI VORKS Band l i 113 19 34 `f Premium: Incl • in Perf. Bona INSURANCE COMPANY OF THE WEST NOME OFFICE•SAN DIEGO V*rnlir "11 •rr•r ov I'll'- STATE 'll -STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) On September 17, 1990 before me, the undersigned, a Notary Public in and for said County and State. duly commissioned and sworn, personally appeared Charles E. French, personally known to me to be General Partner of Santa Lucia Hills, a general partnership, the partnership that executed the within instrument, and known to me to be the person who executed the within instrument on behalf of said partnership, said partnership being known to me to be the General Partner of French Brothers Development Company, L.P., A California Limited Partnership the limited partnership that executed the within instrument and acknowledged to me that such partnership executed the same as General Partner and that such limited partnership executed the same. WITNESS my hand and official seal. OFFICIAL SEAL . WtYN YAi1LENF SNYPENH"S ,s Netery Fudlc-CaWamts ;, '.1,���V�l•1l �4,L I!tltL`_ �`�•'ILLII I,�. .�.t�r.✓,��� . SAM LUIS o&SPO COUNTY ►fy Comm.Elm.at.2.IN2 NOTARY PUBLIC STATE OF CALIFORNIA COUNTY OF Santa Clara ss On thisl4th day of September in the year 1990 ,before me,the undersigned Nola ryy PuD11ic, in q+Inyy fpr the State of California, personally appeared _ RODTTI S. Wes t personally known to me (or proven to me on the basis of satisfactory .;m;A yr evidence) to be the person who executed the written instrument as Attorney. `t. CH4RLfS MMNRISWOLO in-Fact on behalf of the Corporation therein named and acknowledged to me •' r10tlar a.AiC-=OF CALFO WI, that the Corporation executed it. $MITA MARA coui y MF Cm Espms Sept tl,lam{ Given under my hand and the Notary Seal this 141h day of SItember_ My Commission expires SePtember 27. 1993 ICW Cal 715n(04/96) NOgry iaalic INF'"RANCE COMPANY OF THT- WEST HOME OFFICE: SAN DIEGO, CALIFORNIA - Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a Corporation duly authorized and existing under the laws of the State Of California and having its principal office in the City of Son Diego, California, does hereby nominate, constitute and appoint: n:Blti S. WESTFr,i.i its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferreC in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizonces or other written obligations in the nature thereof. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of INSURANCE COMPANY OF THE WEST at a meeting duly called and held on the Sixth day of February, 1973, which said Resolution has not been amended or rescinded and Of which the following is a true, full, and complete copy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys-in- Fact to represent and Oct for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys-in-Fact and revoke the Power of Attorney given him or her; and be it further RESOLVED: That the Attorney-in-Fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney- in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused its official seal to be here- unto affixed and these presents to be signed by its duly authorized officers this 27th _4ay of Sete^=,e:, 1569. INSURANCE COMPANY OF THE WEST d e:t STATE OF CALIFORNIA c . /.• — r resitlent OAxi COUNTY OF SAN DIEGO ' On this 27th da': o? September, I9e5 before the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, come BERNARD M. FELDMAN. President of INSURANCE COMPANY OF THE WEST, to me personally known to be the individual and officer described in and who executed the preceding instrument, and C he acknowledged the execution of the some, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN W1,TNESS WHEREOF:%'Z'have Thereunto set my hand and affixed my Official Seal, at the City of San Diego, the dayand year, first above written. �..... ....[.'_ti•::i.`n~:LtiNy Notary Public STATE OF CALIFORNIA S� COUNTY OF SAN DIEGO I. the undersigned, JAMES W. AUSTIN, III, Secretary of INSURANCE COMPANY OF THE WEST, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct dopy, is in full force and effect, and has not been revoked. IN WITNESS WHEREOF, I have hereunto Supscribed my name ps Secretary. ffd affixed the Corporate Seal of the Corporation, this 14th day of September yU �����L o�, i( //Y V^'7 lel./• (_4.Nl/YV L-. '— �,�• - / etre ory ICM CAL 37(REV. 5/87) C Mtn INSURANCE COMPANY OF THE WEST P.O. Box 85563 San Diego, CA 92186-5563 ISTATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO On September 17, 1990 before me, the undersigned, a.Notary Public in and for said County and State. duly commissioned and sworn, personally appeared Charles E. French, personally known to me to be General Partner of Santa Lucia Hills, a general partnership, the partnership that executed the within instrument, and known to me to be the person who executed the within instrument on behalf of said partnership, said partnership being known to me to be the General Partner of French Brothers Development Company, L.P.,A California Limited.Partnership the limited partnership that executed the within instrument and acknowledged to me that such partnership executed the same as General Partner and that such limited partnership executed the same. WITNM my hand and official seal. OFFICIAL SEAL % WSA YN MARLUSENE ST"'s"WANryPlleac "tornfl:LUIS0815PocouNr(y Can,.Bm.net.2.1992 NOTARY PUBLIC STATE OF CALIFORNIA ss COUNTY OF Santa Clara On this 14th day of September in the year 1990 before me,the undersigned Notary Public, .`n anea fpr the State of California, personally appeared _RODin 5. I�eSLfa1 personally known to me lot proven to me on the basis of satisfactory evidence) to be the person who executed the written instrument as Attorney. In-Fact on behalf of the Corporation therein named and acknowledged to me Ornal2u that the Corporation executed it. CHARLES M.GRISWOLD MW&Sw�LICI R=CO�(H Given under my hand and the Notary Seal this day of September *C&=E*=S'setll,= A.D.19_30 My Commission expiresZ eptoMhor 974._]-49 _ 1 ICw Cal]leR(ea Notary Public �s-01 PAy.`.i:.til BOND-PrU - .WORKS Send l._: � 11,3 19 33 Premium: Incl , in Perf. Bonc L\SUPANCE COMPANY OF THE WEST f STATE OF CALIFORNIA ) J COUNTY OF SAN LUIS OBISPO ) On September 17, 1990 before me, the undersigned, a Notary Public in and for said County and State. duly commissioned and sworn, personally appeared Charles E. French, personally known to me to be General Partner of Santa Lucia Hills, a general pattnenhip, the partnership that executed the within instrument, and known tome to be the person who executed the within instrument on behalf of said partnership, said partnership being knowe to be the General Partner of French Brothers n to m Development Company,L.P.,A California Limited.Partnership the limited partnership that executed the within instrument and acknowledged to me that such partnership executed the same as General Partner and that such limited partnership executed the same. R'ITNESS my hand and official seal. OFFICIAL SEAL i II1 SCARYN MARLENE STUMPEfINAUS '. IL ` II�� '� �� i /'I ( �GNaUh Pudk-C,forms SAN LUIS OBISPO:OUNTY --T My Carve.Elm;Oct.2.tees NOTARY PUBLIC STATE OF CALIFORNIA COUNTY OF Santa Clara ss on this 14th day of September in the year 1990 before me,the undersigned Notaryy Public; in an f r the State of California, personally appeared _RODin S.- West alb - Personally known to me (or proven to me on the basis of satisfactory evidence) to be the person who executed the written instrument as Attorney- In-Fact on behalf of the.Corporation therein.named and acknowledged to me that the:Corporation executed it. FFItlsL" - CHARLESM.GRISWOLO Given under my hand and the Notary Seal this 14th day of .September 1 _ IGgRIPlBJt-Sl>Pe6f11Y0N1a A.D.19_ 0 M,Catmt B9i16 W 271203 My Commission expires qAptPrnbAr 77 14147 ICW CJI 315R(04/86) I'rRtery PPalx' INSURANCE COMPANY OF THF WEST HOMEOFFICE: SAN DIEGO, CALIFORNIA Certified Copy of POWER OF: ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a Corporation duly authorized and existing under the laws of the State of California and having its principal ---- office in the City of San Diego, California, does hereby nominate, constitute and appoint: . ROB:\ S. WESTFATT its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stood, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizonces or other written obligations in the nature thereof. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of INSURANCE COMPANY OF THE WEST at a meeting duly called and held on the Sixth day of February, 1973, which said Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys-in- Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may atany time remove such Attorneys-in-Fact and revoke the Power of Attorney given him or her; and be it further RESOLVED: That the Attorney-in-Fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney- in-Fact shall be as binding upon the Company as if signed by the President and sealed arc attested by the Secretary.,, IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused its official seal to be here- unto affixed and these presents to be signed by .its duly authorized officers this 27th day cf September, 1989. o4r INSURANCE COMPANY OF THE WEST / Oe -�� President' STATE OF CALIFORNIA 5'"S' COUNTY OF SAN DIEGO On this 27th dap o' September, 1989 before the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, came BERNARD M. FELDMAN. President of INSURANCE COMPANY OF THE WEST, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the some, and being by me duly sworn, deposeth and saith, that he is the said Officer of the Corporation aforesaid, and that the seal affixed t0 the preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as .such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN W;TNESS WHEREOF:='I.have rhereuntC set my hand and affixed my Official Seal, at the City of Son Diego, the day and year, first above written. 4 1 J' e Notary Public STATE OF CALIFORNIA COUNTY OF SAN DIEGO 55: I, the undersigned. JAMES W. AUSTIN, III, Secretary of INSURANCE .COMPANY OF THE WEST, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revoked. IN WITNESS WHEREOF, I have hereunto su 5pribed my n e as Secretary, patl affixed the Corporate Seal of the Corporation, this Y$ R tlay of °:eptember 19 7U � •...., d Le'! -Secre awry \1 ICM CAL 37(REV. 5/87) \�'� ,, �4xnaM\`ii CjS3� aim �S INSURANCE COMPANY OF THE WEST P.O. Box 85563 San Diego, CA 92186.5563 Bond No. 113 19 32 Premium: 518,000 STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) On September 17, 1990 before me, the undersigned, a Notary Public in and for said County and State, duly commissioned and sworn, personally appeared Charles E. French, personally known to me to be General Partner of Santa Lucia Hills, a general partnership, the partnership that executed the within instrument, and known to me to be the person who executed the within instrument on behalf of said partnership, said partnership being known to me to be the General Partner of French Brothers Development Company,L.P.,A California Limited Partnership the limited partnership that executed the within instrument and acknowledged to me that such partnership executed the same as Genera_l Partner and that such limited partnership executed the same. WITNESS my hand and official seal. OFFICIAL SEAL s' GRYN MARLENESTUMPENNAUS O NwryPuGtc-Wfomla - SAN Luis 091SPo COUNTY - -- -- - - -- OW Comm.Ea.Oct.x.1992 NOTARY PUBLIC ISTATE OF CALIFORNIA Santa Clara ss COUNTY OF 14th .. On this _day of September 1990 ear beforin the ' Y , e me,the undersigned Notart PupI'�c, i for the State of California, appeared ROD1 n 5. West`�a I I. personally Personally known to me (or proven to me on the basis of satisfactory evidence) to be the person who executed the written instrument as Attorney. CHARLES GR! WOLD In•Farf on behalf of the CoYporation therein mined and acknowledged to me ACWySMKWC-ARn GFCJdWU that the Corporation executed it. r *W=b;=gaV..= Given under my hand and the Notary Seal this 14th day of $e tember �. My Commission expires tember 27� 1993 IICW Cal]1SRl04/96l Notary I'u0hc x,5-3/ RKS Scud ti^ 113 19 32 Premium:--'Incl . in Perf. Bond INSURANCE COMPANY OF THE `,BEST HOME OFFICE•SAN DIEGO STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) On September 17, 1990 before me, the undersigned, a Notary Public in and for said County and State. duly commissioned and sworn, personally appeared Charles E. French, personally known to me to be General Partner of Santa Lucia Hills, a general partnership, the partnership that executed the within instrument, and known to me to be the person who executed the within instrument on behalf of said partnership, said partnership being known to me to be the General Partner of French Brothers Development Company,L.P..A California Limited Partnership the limited partnership that executed the within instrument and acknowledged to me that such partnership executed the same as General Partner and that such limited partnership executed the same. WITNESS my hand and official seal. _ OFFICIAL SEAL CARYN MARLENE STUMPENNAUS Neu Wont-Cahbr'la I V:i O SAN IDIS OB15P0 COUNTY l C`r�t�'�L�I I��,�,.�t-li�� �' rt•�.�'}t l,,�':��L �'`.l .0 �� My Camm.EsP xt.2.t9e2 NOTARY PUBLIC ' r STATE OF CALIFORNIA ` COUNTY OF Santa Clara a On this 14thdayof September in the year 1990 before me,the - undersigned RoP1t1 r S WBStrd I I for the State of California, personally appeared _-- Personally known to me (or proven to me on the basis of satisfactory evidence) to be the person who executed the written instrument as Attorney- =GRISWOLDOLD in•Fact on behalf of the Corporation therein named and acknowledged to me that the Corporation executed it. A011NA .14th Se temper 1993 Given under my hand and the Notary Seal this __._day of P_._A.D.19 n My Commission expires D tember 27, 1993 ICw Cil 31SR(04/e6) _ Notary Puel,o INS�1RANCE COMPANY OF THF-WEST -- HOME OFFICE: SAN DIEGO, CALIFORNIA - Certified Copy of J POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a Corporation duly authorized and existing under the laws of the State of California and having its principal office in the City of San Diego, California, does hereby nominate, constitute and appoint: ROBIN' S. WESTFALL its true and lawful Attorney(s)-in-Fact. with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of INSURANCE COMPANY OF THE WEST at a meeting duly called and held on the Sixth day of February, 1973, which said Resolution has not been amended or rescinded and Of which the following is a true, full, and complete copy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys-in- Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors Or Executive Committee may at any time remove such Attorneys-in-Fact and revoke the Power of Attorney given him or her; and be it further RESOLVED: That the Attorney-in-Fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney- in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused its official seal to be here- unto affixed and these presents to be signed by its duly authorized officers this da.: Of Septe;tiper, 1989. �pvvAr,o�� INSURANCE COMPANY OF THE WEST i �ow4r•u L\�, '�" "^" 'Aw• - � restend nt- STATE OF CALIFORNIA ���,• � COUNTY OF SAN DIEGO On this 27t day o: September, 1989 before the subscriber, a Notary Public of the State of California, in and for the County of Son Diego, duly commissioned ones qualified. came BERNARD M. FELDMAN. President of INSURANCE COMPANY OF THE WEST, to me personally known to be the individual and officer described in and who executed the preceding instrument, and C he acknowledged the execution of the some, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. . . IN WITNESS WHEREOF;:'T•hove--r'her.ti reuntunt0 set my hand and affixed my Official Seal, at the City of Son Diego. the day and year,frirst above written. ' \--• ,;•;,Y.'�N+f++ otary PuDlic STATE OF CALIFORNIA COUNTY OF SAN DIEGO I, the undersigned, JAMES W. AUSTIN, III, Secretary of INSURANCE COMPANY OF THE WEST, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this 14th day of September 1990 ICW CAL 37(REV. 5/87) ��`' '•- ��`''b�• L etre dry A \\�•p�j O l ID Recording Requested by: The City of San Luis Obispo When Recorded Please Return to: CITY CLERK'S OFFICE City of San Luis Obispo P.O. Box 8100 San Luis Obispo, CA 93403-8100 ------=- Space Above This Line for Recorder's Use -------- DEED OF EASEMENT CHARLES E. FRENCH, as Grantor, hereby grants to the CITY OF SAN LUIS OBISPO, a Municipal Corporation, as Grantee, the following easement in the County of San Luis Obispo, State of California to wit: EASEMENT DESCRIPTION A NON-EXCLUSIVE EASEMENT, 10 FEET EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE, LENGTHENING AND FORESHORTENING SIDELINES AS NECESSARY, FOR PURPOSES OF INGRESS, EGRESS, AND MAINTENANCE OF A. DETENTION BASIN: COMMENCING AT THE MOST NORTHERLY CORNER OF LOT 109 OF THE SUBURBAN TRACT AS SHOWN ON RECORD OF SURVEY BOOK 63, PAGE 4, SAID POINT BEING IN THE CENTERLINE OF FULLER LANE AND THE CENTERLINE OF THE OLD PCRR RIGHT-OF WAY; THENCE ALONG THE NORTHEASTERLY BOUNDARY OF LOT 109, SOUTH 65 DEGREES 28' 02" EAST, 13.10 FEET TO A POINT, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 64 DEGREES 471 52" WEST, 10.63 FEET TO A POINT OF CURVATURE; THENCE ON A CURVE CONCAVE TO THE EAST THROUGH A CENTRAL ANGLE OF 130 DEGREES 41' 1211, WITH A RADIUS OF 23.00 FEET AND A LENGTH OF 52..46 FEET TO A POINT OF TANGENCY; THENCE SOUTH 65 DEGREES 53' 20" EAST, 351,50 FEET TO A POINT;, THENCE SOUTH 69 DEGREES 11' 42" EAST, 364.82 FEET TO A POINT; THENCE SOUTH 29 DEGREES 42' 02" EAST, 95.90 FEET TO A POINT IN THE CENTER OF A GATE LEADING INTO THE DETENTION BASIN AREA. THE GRANTOR RESERVES THE RIGHT TO PROVIDE ALTERNATE ALL-WEATHER ACCESS TO THE DETENTION BASIN AREA, ACCEPTABLE TO THE CITY ENGINEER, AND REALIGN THE ACCESS ROUTE AND THE ASSOCIATED EASEMENT. END OF DESCRIPTION I' IN WITNESS WHEREOF, Grantor has hereunto caused her name to be subscribed this 1 day of :Zwie, 19 -1c, By: CHARLES -E. FREN- O State of California ) SS County of San Luis Obispo ) On ZU.�P_ `� 19 g(L_, before me, the undersigned, a Nggtary Public in and for said State, personally appeared I'4�(lY1fS � • + r2.Y�C(� personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same. L IIAL Witness my hand and official seal. "AILCI 'S'Uk PENMAUS OrSAIMIA TUM LUIS OBISPO COUNTY n MV C. E.0 Od 2.1992 C y� I -o f LLJ al r � � 1 ✓J O� 6 d 2 � \ om ' 1 fJ6 � 1 o- I Q � ao�� _•m� u �S�j L / I ' Recording Requested By: Ticor Title When Recorded Mail To: Citv Clerk City of San Luis Obispo P.O. Box 8100. San Luis Obispo, CA 93404-8100 APN 53-081-47 NOTICE Tract 1360 Unit II The undersigned, French Brothers Development. Co. , L.P. , •a California Limited Partnership, is the owner of the land which is to be Tract 1360, the current legal description is set forth in Exhibit A attached hereto. That the owner hereby states and informs future buyers of lots in Tract 1360 of the possibility of delays in obtaining a building permit based on the water shortage in the City of San Luis Obispo.. French Brothers Development Co. , L.P. , a California Limited Partnership State of California ) SS. County of San Luis Obispo ) On this day of 1990, before me, La✓ �Q�(�lt'12� , the undersigned. Notary Public, personally appeared personally known to Une to be the person who executed the within instrument on behalf of the partnership , and acknowledged to me that the partnership executed it. WITNESS by hand a d official seal. OFFICIAL SEAL MARYALICE JARDINE Notary Public-Calitomla ` v SAN LUIS OBISPO •• My Comm. Exp.Oct.2,1992 EXHIBIT "All -- DESCRIPTION PARCEL 4 OF LOT LINE ADJUSTMENT LLA-86-002 , IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO THE CERTIFICATE OF COMPLIANCE RECORDED MARCH 21, 1986 IN BOOK 2812 , PAGE 900 OF OFFICIAL RECORDS, AND RE-RECORDED APRIL 11, 1986 IN BOOK 2820, PAGE 480 OF OFFICIAL RECORDS, ALONG WITH THAT CERTAIN REMAINDER PARCEL, AS DELINEATED ON MAP OF TRACT NO. 1360 UNIT 1 RECORDED IN MAP BOOK 15 AT PAGE 9, ALL LYING WITHIN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA. TITLE ORDER NO. 11516 Recording Requested By: City of San Luis Obispo When Recorded Mail to: City Clerk City of San Luis Obispo P.O. Box 8100 San Luis Obispo, CA 93403-8100 DOCUMENTARY TRANSFER TAX IS $5.50 GRANT OF EASEMENT Pursuant to that certain Easement Agreement dated Segr. 13 1990, by and between DOLLY GARCIA, a married woman, as her sole and separate property, as to an undivided 1/4 interest, EILEEN DAMON, a married woman, as her sole and separate property, as to an undivided 1/4 interest, and IRENE BRUGHELLI, a widow, Trustee of that certain Trust, by Decree of Distribution, recorded in Book 1763 , Page 933 of Official Records, as to the remainder and FRENCH BROTHERS DEVELOPMENT COMPANY, L.P. , a California limited partnership, hereby grants to the City of San Luis Obispo, a California Municipal Corporation, a waterline easement appurtenant With rights of ingress thereto and egress therefrom, to construct, maintain, operate, reconstruct, repair, remove, replace, increase and/or change the number and/or sizes. of the pipes, appurtenances and incidentals thereto (.including the maintenance of an all- weather maintenance roadway) for a water system under, along, and upon certain property in the County of Sari Luis Obispo, State of California, as particularly described and depicted on attached Exhibit "A", which is incorporated into this Grant of Easement, as if set forth in full. Dated: September 13 1990. u 1'YifL Y:��.Llt Dolly Garcia Eileen Damon Irene Brughelli;;' a widow, Trustee of that certain Trust, by Decree of Distribution, Recorded in Book 1763 , Page 933 of Official. Records C" �s-39 STATE OF CALIFORNIA ) ss COU11TY OF SAN LUIS OBISPO ) On this the 13th day of September 1990 , before me the undersigned, a Notary Public in and for said County and State, personally appeared DOLLY GARCIA, personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same. 7 (seal) N1, CASTRO Notary Public for said ;� '`•.° -i C . C6J TY County and State r'.I CJ. 1994 ` STATE OF CALIFORNIA ) ss COUNTY OF SAN LUIS OBISPO ) On this the 13th day of San Luis Obispo , 1990, before me the undersigned, a Notary Public in and for said County and State, personally appeared EILEEN DAMON, personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same. -r » C/ CfFi_;5L SEAL (seal) ;f ROSANNA M. CAUII STRO �� — �, .5uccALIFOR na Notary Public for said yY County and State %P; 25. 1994 f 2 e-s-�a O STATE OF CALIFORNIA ) ) ss COUNTY OF SAN LUIS OBISPO ) On this the 13th day of September 1990, before me the undersigned, a Notary Public in and for said County and State, personally appeared IRENE BRUGHELLI, Trustee, personally known to me or proved to me on the basis of satisfactory evidence to be a Trustee of the Trust that subscribed to the within instrument and acknowledged that she executed the same as such Trustee. F^ •'.`'N • it CASTRO (seal) Notary Public for said L L 02' ro :ur rr � County and State 1 21 1904 T; 1 J . O Oa_('s1oease.3c1(10-cb) 3 LEGAL DESCRIPTION An easement, being 20 . 00 feet wide, over portions of Lot 87 of the San Luis Obispo Suburban Tract in the City of San Luis Obispo and the southeast 1/4 section of Section 2 , T31S , R12E, M.D.B. & M. all in the County of San. Luis Obispo, State of California, the centerline of said easement being more particularly described as follows: Beginning at a point on the westerly right-of-way line of Broad Street (State Highway 227) which bears N160 42 ' 00" W, (basis of bearings) 97.45 feet from a Department of Transportation monument at 55. 00 feet left of Engineer' s Centerline Station 214+88 .08 as shown on State of California, Department of Transportation, Right-of-Way Map of Route 227 at post mile 11. 2 Sheet 15 of 21 being the True Point of Beginning; thence, leaving said westerly right-of-way line along the following courses: S 820 35 ' 00" W, 246. 87 feet; N 86' 32 ' oo" W, 646. 00 feet; N 63 ' 23 ' 45" W, 310.48 feet; N 34' 24 ' 29" W, 414 . 47 feet; N 52' 41' 11" W, 545.36 feet; N 56' 07 ' 59" W, 576.99 feet; N 54 ' 57 ' 11" W, 601.27 feet; N 86' 52 ' 16" W, 101.42 feet; more or less to the Easterly line of that certain easement, conveyed to the City of. San Luis Obispo per deed recorded in Volume 1920 of Official Records, at Page 684 in the Office of the County Recorder of San Luis Obispo County. The sidelines being prolonged or foreshortened so as to terminate at their points of intersection. EXHIBIT "A" (Sheet 1 of 2) ON e� z'i�'�✓ roe.-2 ":57'11'W 601.27 I I ,v-560075y`iv 576.; -56 I / L,07'67 3'2.3'd6 '✓/.:./O 46 / V,64'03'2"00'.v G46.o0 GD O -7-7e N/G°4Z5o i "V (Sheet 2 of 2)