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HomeMy WebLinkAbout2003-003 Gearhart, Kelly �R CITY CF ATASCAD �O ONTRACT# , FOR RECORDER USE ONLY RECORDING REQUESTED BY: City of Atascadero WHEN RECORDED MAIL TO: City Clerk City of Atascadero 6500 Palma Avenue Atascadero, CA. 93422 CITY OF ATASCADERO SUBDIVISION IMPROVEMENT AGREEMENT DATE OF AGREEMENT: (�a--I I -- 03 NAME OF SUBDIVIDER: KELLY GEARHART SUBDIVISION: 3200 EI Camino Real /APN 049-211-018 ESTIMATED TOTAL COST OF IMPROVEMENTS: $398,680.88 This Agreement made and entered into by and between the City of Atascadero, a municipal corporation of the State of California (hereinafter referred to as "City") and KELLY GEARHART (hereinafter referred to as "Subdivider"). RECITALS A. Subdivider has presented to the City Council of the City of Atascadero Tract Map 2479 for approval but not all of the improvements required or conditions imposed by Title 11, Chapter 8 Articles 3 and 4 and Chapter 10 of the Atascadero Municipal Code have been completed or performed. B. Subdivider desires to record Tract Map 2479 after the same has been approved by the City Council of the City of Atascadero. C. The Subdivision Laws establish as a condition precedent to the approval of a parcel map that Subdivider must have either completed, in compliance with City Standards, all of the improvements and land development work required by Tract Map 2479 or have entered into a secured agreement with City to complete the improvements and land development within a period of time specified by City. February 11,2003 Tract Map 2479 Agreement Page 1 of 8 i D. In consideration of approval of Tract Map 2479 by the City Council, Subdivider desires to enter into this Agreement, whereby Subdivider promises to install and complete, at the Subdivider's own expense, all of the public improvement work required by City in connection with Subdivision. E. Improvement Plans for the construction, installation and completion of the improvements have been prepared by Subdivider and approved by the City Engineer. The Improvement Plans for Tract Map 2479 are on file in the Office of the City Engineer and are incorporated into this Agreement by this reference. All references in this Agreement to the Improvement Plans shall include reference to any specifications for the improvements as approved by the City Engineer. F. An estimate of the cost for construction of the public improvements according to the Improvement Plans has been made and has been approved by the City Engineer. The Estimated Total Cost of Improvements is stated on Page 1 of this Agreement. The basis for the estimate is attached as Exhibit "A" to this Agreement. G. Subdivider recognizes that by approval of Tract Map 2479, City has conferred substantial rights upon Subdivider, including the right to sell, lease, or finance lots within the subdivision, and has taken the final act necessary to construct the public improvements within the subdivision. As a result, City will be damaged to the extent of the cost of installation of the improvements by Subdivider's failure to perform its obligations under this Agreement, including, but not limited to, Subdivider's obligation to commence construction of the improvements by the time established in this Agreement. City shall be entitled to all remedies available to it pursuant to this Agreement and law in event of a default by Subdivider. It is specifically recognized that the determination of whether a reversion to acreage or rescission of Tract Map 2479 constitutes an adequate remedy for default by the Subdivider shall be within the sole discretion of City. NOW, THEREFORE, pursuant to the provisions contained in the Atascadero Municipal Code, Title 11, Chapter 10, sections 11-10.010 through 11-10.022, and in consideration of the approval by the City Council and the filing of Tract Map 2479, the parties hereto do promise and agree one with the other as follows: 1. Subdivider is to make and complete all of the improvements for Tract Map 2479 as shown on the Improvement Plans thereof and as required and set forth in Title 11, Chapter 8, Articles 3 and 4, and Chapter 10, of the Atascadero Municipal Code, or as amended. 2. It is further understood and agreed by and between the parties hereto that the improvements as required by the conditions of approval for Tract Map 2479 shall be completed within one year from the Date of Agreement. These improvements include, but are not limited to the following: those shown on the plans accepted by the City Engineer and on attached Exhibit A. 3. The Subdivider promises and agrees to complete all improvement work referred to hereinabove to the satisfaction of the City Engineer. 4. If said improvement work is not completed within one year of the Date of Agreement, the Subdivider agrees that the City may elect to complete the same. February 11,2003 Tract Map 2479 Agreement Page 2 of 8 5. In the event the City elects to complete said work or improvement, the Subdivider agrees that the City may exercise it's option to declare the bond or deposit, as hereinafter described, forfeited and utilize the proceeds, including any interest, to complete said improvements or that the City may complete said improvements and recover full cost and expense thereof including reasonable attorney fees from the Subdivider and his/her surety. 6. The Subdivider shall, prior to submitting the map for filing, file an improvement security with the City, in a form acceptable to the City Attorney, in the amount of the Estimated Total Cost of Improvements, which is the amount deemed sufficient by the City Engineer. In no case shall the improvement security be less than 100% of the Estimated Total Cost of Improvements. Further, the Subdivider shall file a security for labor and materials in the amount of the Estimated Total Cost of Improvements. The security for labor and materials shall be no less than 50% of the Estimated Total Cost of Improvements. Periodic progress payments may be authorized to the Subdivider as the improvements are completed if adequate security remains as determined by the City Engineer, however, no such progress payments shall be made for more than 90% of the value of any work. Progress payments shall only be paid on work that is completed to the satisfaction of the City Engineer. 7. The Subdivider hereby agrees that after the completion and acceptance of the improvements as specified in paragraphs 2 and 3, 10% of the improvement security shall be retained for the guarantee and warranty of the work for a period of one year. 8. It is understood and agreed by and between the parties hereto that this Agreement shall bind the heirs, executors, administrators, successors, and assigns of the respective parties to this agreement. 9. In the event legal action is taken to enforce the provisions of this Agreement, the prevailing party shall be entitled to recover costs to enforce the Agreement, including reasonable attorney fees. 10. The Subdivider shall, defend, indemnify and save harmless the City, its officers, agents and employees from any and all claims, demands, damages, costs, expenses, or liability occasioned by the performance and attempted performance of the provisions hereof, or in any way arising out of this Agreement, including, but not limited to, inverse condemnation, equitable relief, or any wrongful act or any negligent act or omission to act on the part of the Property Owner or of agents, employees, or independent contractors directly responsible to the Property Owner, providing further that the foregoing shall apply to any wrongful acts, or any actively or passively negligent acts or omissions to act, committed jointly or concurrently by the Applicant, the Property Owner's agents, employees, or independent contractors. Nothing contained in the foregoing indemnity provisions shall be construed to require the Property Owner to indemnify the City against any responsibility or liability in contravention of Section 2782 of the Civil Code. 11. Upon acceptance of the work on behalf of City and recordation of the Notice of Completion, ownership of the improvements constructed pursuant to this Agreement shall vest in City. February 11,2003 Tract Map 2479 Agreement Page 3 of 8 12. Sale or other disposition of this property will not relieve Subdivider form the obligations set forth herein. Subdivider agrees to notify City in writing at least 30 days in advance of any actual or pending sale or other disposition of the property. If Subdivider sells the property or any portion of the property within the Subdivision to any other person, Subdivider may request a novation of this Agreement and a substitution of security. Upon approval of the novation and substitution of securities, Subdivider may request a release or reduction of the securities required by this Agreement. Nothing in the novation shall relieve the Subdivider of the obligations under Paragraph 2 for the work or improvement done by Subdivider. 13. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notices shall be addressed as follows unless a written change of address is filed with City: City: City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 Subdivider: Kelly Gearhart 6205 Alcantera Atascadero, CA 93422 Surety: Hurst Financial Corporation 7340 Morro Road Atascadero, CA 93422 14. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties. 15. The Recitals to this Agreement are hereby incorporated into the terms of this Agreement. 16. This Agreement constitutes the entire Agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. In the case of City, the appropriate party shall be the City Manager. February 11,2003 Tract Map 2479 Agreement Page 4 of 8 IN WITNESS WHEREOF the Property Owner has hereunto set his/her hand and the City has caused these presents to be signed by its duly sworn and authorized officers the day and year first hereinabove written. CITY OF ATASCADERO SUBDIVIDER: By: �6A 6 , V' 1 VC (notarize signature) Wade G. McKinney City Manager Attest: C Marcia M. Torgerson City Clerk Approved as to content: St ven B. Kahn, P.E. City Engineer Ap ved as to for RoyHanley City ttorney February 11,2003 Tract Map 2479 Agreement Page 5 of 8 STATE OF CALIFORNIA . COUNTY OF SAN LUIS OBISPO On JANUARY 30, 2003 _ before me, M. SCHNEIDER (Name, Title of Officer) personally appeared KELLY GEARHART personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. { r" — M. SCNNEIDER TNESS my and and official seal. I "T Commission 09 Notary PublicPublic � � = �K. California 4 m } ' SAN LUIS ODISPO COUNTY My Commission Expire JAN.14.2906 (Signat re of Notary Public) (This area for notarial seal) Exhibit A RTC JOB NO. 02-015 =YA Estknete Dste; 11114/2002 7400 MORD Road Pro)od Prtrtoipel: Russ Th mpson Atescadom,Ca 93422 Project Manager: Ken Chacoa Ph(806)462-1375 Fax(805)462-2124 3200 EL CAMINO REAL,TRACT 2479-Atascadero,Ca. Opinion of Probable Construction Cost CONSTRUCTION OF OFF-SITE STREET IMPROVEMENTS DEMOLITION AND EARTHWORK 1 Sawcut/Remove/Dispose AC Pavement 0.35 1700 SF 595 2 Remove&Dispose Tree 6-12"diameter 220 4 EA 880 3 Remove&Dispose Tree(18"diameter) 300 2 EA 600 4 Remove 12"storm drain 8 80 LF 640 5 Cut 1 100 CY 100 6 FRI 5 2000 CY 10000 7 Clear and drub 21 26000 SF 52000 DEMOLITION SUB-TOTAL e4815 TOTAL DEMOLITION AND EARTHWORK 1 b 64,815.00 SEWER 1 lConned to Ex1stkV Sanitwy Sewer Sy3tem 2000 1 EA 2000 2TaST"'.mift FORCE MAIN 10 2340 LF 23400 3PVC SanitarySewer 25 15 LF 375 4n Sewer Manhole 3000 1 EA 3000 5 Control for street name 2000 1 LB 2000 SEWER SUB-TOTAL 30775 WATER i Connect to ExIsIM Water System 11,000 1 EA 11000 2 FlreHydrantAssern2,000 1 EA 2000 3 Water line Testing&Sterilization 2 400 LF Soo 4 Water Meter 314"lateral,meter,box etc. 2,000 10 EA 20000 5 Water Gate Valve Qrj 8001 1 EA 600 6 6-Inch WIL 0900 CL150 26 400 LF 10400 7 Thrust Blocks 500 1 EA WATER SUB-TOTAL 45300 STORM DRAIN 1 Connect to Exists Storm grain S tem 1000 1 EA 100 2 8'HDPE-Sure LOK 10 125 LF 12 3 10'HDPE-Sure LOK 12 75L LF 900 4 12"HDPE-Sure LOK 20 155 LF 31 5 18'HDPE-Sure LOK 30 290 LF 870 6 24'HDPE-SureLOK 60 375 LF 22 7 1B' ated 0 1 LF 0 8 Storm Drain Manhole 3000 1 EA 9 Stom1 Drain Junction Box 200 1 EA 20 February 11,2003 Tract Map 2479 Agreement Page 6 of 8 RTC JOB NO. 0202-018-01 tEeumete oaw:eu: 11114n002 7400 Wrro ROad Protect Prftlpal: Rues Thompeon Atascadero,Ca 93422 Protean Manager: Ken Checon Ph(805)462-i375 Fox(806)462-2124 3200 EL CAMINO REAL,TRACT 2479-Atascadero,Ca. Opinion of Probable Construction Cost CONSTRUCTION OF OFF-SITE STREET IMPROVEMENTS 10 lSbnn Drain Inlet 20001 41 EA I 800 11 jRIp Rep 1 2501 21 CY 1 500 STORM DRAIN SUB-TOTAL 50950 GAS,ELECTRIC,TELEPHONE&CABLE 1 Joint Trench 10 576 LF 1 5750 2 Relocate Utility Pole 5000 2EA 10000 3 Gas Main 9 575 LF 5175 4 Street Lights with Conduit&Put Boxes 700 3 EA 2100 GAS,ELECTRIC,TELEPHONE,&CABLE SUB-TOTAL 2302 TOTAL UNDERGROUND IMPROVEMENTS $ 150,050.00 CONCRETE 1 Curb&Guner 8" 12 950 LF 11450 2 Wheelchair Ramp 500 2 EA 1000 3 DdYeAppm8ch 6 750 SF 450 4 Concrete Sidewalk 4 5000 SF 20000 6 Paint Cutts Red 0.50 310 SF 155 CONCRETE SUBTOTAL 37055 GRADING AND PAVING 1 Grading&Roadway Sub rade Preparation 0.25 25850 SF 6462. 2 3"AC Pevement over 8"CI 11 AS over 12"Subt 3 19950 SF 49875 3 AC PavemenVO%*M 2 4200 SF 8400 4 Class II Base Com aced 1 500 CY 50 5 Seel Coat 0,10 19950 SF 199 GRADING AND PAVING SUB-TOTAL 67232.5 SIGNING AND STRIPING 1 IPavement Marking 1 181 LF 18 2 IStreet Sion W/STOP SION 3001 11 EA 1 300 SIGNING&STRIPING SUB-TOTAL 18 LANDSCAPING 1 Sheet Trees,Landsca I &Irri eWn 5000 1 SF LANDSCAPING SUB-TOTAL 5000 February 11,2003 Tract Map 2479 Agreement Page 7 of 8 „rte RTC JOB 112-018 Eserttsb Owe: 11/14/1002 7400 Morro RDed Prolecl Princlpd: Russ Thompson Atascadero,Ca 93422 Prged Mannar. Ken Chown Ph @M 482-1375 Fax(805)462-2124 3200 EL CAMINO REAL,TRACT 2479-Ataacadero,Co. Opinion of Probable Construction Coat CONSTRUCTION OF OFF-SITE STREET IMPROVEMENTS 7- 7707777 500 2 EA 15,000 1 L55000 ANEOUS SUB-TOTAL 60 TOTAL SURFACE IMPROVEMENTS $ 115,305.50 TOTAL i 330,170.50 15%Contingency S 49,525.58 SUBTOTAL S 379,696.08 5%Field Engineering ; 18,984.80 TOTAL S 398,880.88 rsnFael�a 1. This opinlon of probabs Cmseu:bon Cost Esdmom is pralla*h”.It to based upon aw ConslnK-on owo pa b r Tract 2479 papered by R Thdrtgaan C-_Kng dWd►lorembar 1,2002. 2. NI eoab aro booed upon ax wrt pkes wthout the prWolon for lydlaoon, 3. TWO asUmato hes been pmpwad as■pulds as b the opinion of the probable oonstrueoon costs anllelpewl for ml■proleeL R Thompson Corlsullln9 nukes no wem*,Ww BJ<meed Of ht*d Owl era nc*,I costa wla nor very fmm the amoures Indk ted and wsumas no 112bliky for such verlenoes. 4. TWO eIGMte doss not Irck da: a.on eft toss rnrwmw%Wldnp,PW*V,and Uymy L.Wohr. �OQ�04 ESSIpry9l b.Development and nwittl)l fe s. o.cone"o_&_ nd Coancfor fees. P By. n9 o PE.10.C43069 Russell S.Thompson,Date * EXP 3-31-04 Registered Exp.3-31-04 t t 1S D Jp C1VIL 9lFOF CA1\E4�`� February 11,2003 Tract Map 2479 Agreement Page 8 of 8 Recording requested by: When recorded return to: Atascadero Mutual Water Company P.O. Box 675 Atascadero, CA 93423 Space above this line for Recorder's use Documentary Transfer Tax$ By EASEMENT AGREEMENT (for water facilities outside of rights-of-way) DATE: October 1, 2002 GRANTOR: Kelly V. Gearhart PROPERTY: Tract 2479 THIS EASEMENT AGREEMENT (this "Agreement") is made and entered into by and between the Atascadero Mutual Water Company, a California corporation ( "AMWC" ) , and Kelly V. Gearhart ("Grantor" ) with respect to the real property referred to as TRACT 2479, in the City of Atascadero, County of San Luis Obispo, State of California, according to the map recorded , 20 in Book of Maps at Page in the Recorder' s Office of said County and State (the "Property" ) . RECITALS A. Whereas Grantor has requested that AMWC provide water service to the Property, and; B. Whereas Grantor has constructed water facilities on the Property including but not limited to water mains, conduits, valves, fire hydrants, services and other appurtenances required to provide water service to the Property, (referred to collectively as the "Facilities") and; C. Whereas the Facilities are located outside of dedicated rights-of-way on private property, and; D. Whereas the Grantor desires that AMWC accept the responsibility of operating and maintaining the Facilities; NOW, THEREFORE, in consideration of AMWC providing water service to the Property and accepting operational and maintenance responsibilities for the Facilities constructed by Grantor on the Property, the parties hereto do promise and agree with one another as follows : 1 . Grant of Easement. Grantor hereby grants to AMWC an easement to construct, maintain and improve, including but not limited to, placing, operating, inspecting, repairing, replacing and removing the Facilities as AMWC may from time-to-time require (including ingress and egress therefrom) in, under and upon that certain real property in the City of Atascadero, County of San Luis Obispo, State of California, as shown on said map of Tract 2479, prepared by Kenneth D. Wilson, Professional Land Surveyor, incorporated herein and made part hereof . 2 . Encroachments. Grantor shall not place, erect or construct any building, structure or object, or drill or dig any well, ditch or trench, within, over, under or adjacent to the easement granted herein. 3 . Repair and/or Replacement. Grantor hereby agrees to accept sole responsibility for the repair and/or replacement of any and all paved or landscaped surfaces that may be removed, altered, damaged or destroyed as a result of AMWC placing, operating, inspecting, repairing, replacing, altering or removing the Facilities as AMWC may from time-to-time require. Said paved surfaces include, but are not limited to, concrete or asphalt paving, curbs, gutters, sidewalks, stamped concrete, stairways, concrete or asphalt lined drainage channels, decorative pavers, and interlocking pavers . Said landscaped surfaces include, but are not limited to, turf, sod, bushes, trees, vines, flowers, mulch, and irrigation systems . AMWC's sole responsibility is to backfill, compact and resurface with aggregate base any trench or excavation that may result from AMWC' s placement, operation, inspection, repair, replacement, alteration and removal of the Facilities even if such trench or excavation is outside the boundaries of the easement granted by this Agreement . Grantor further agrees to repair or replace any building or structure that may be damaged as a result of AMWC's placement, operation, inspection, repair, replacement, alteration and removal of the Facilities . Indemnity Easement Agreement Page 2 of 5 4 . Indemnity. Grantor shall defend, indemnify and hold harmless AMWC, its officers, directors, employees and agents from and - against any and all claims, demands, damages, liabilities, costs, expenses, awards, judgments (including reasonable attorneys ' fees, expert witness fees, and expenses and costs related thereto) that may be asserted by any person or entity arising out of, related to, or in any way connected with any acts or omissions relating to (i) Grantor' s construction of the Facilities on the Property and (ii) AMWC' s location, placement, installation, operation, inspection, maintenance, repair, replacement, removal or improvement of the Facilities and related items incidental thereto. The Grantor's obligation to defend, indemnify and hold harmless shall be effective and shall extend to all such claims and losses, in their entirety, even when such claims or losses arise from the comparative negligence of AMWC, its officers, directors, employees and agents . However, this indemnity shall not extend to any claims or losses arising out of the sole negligence or willful misconduct of AMWC, its officers, directors, employees or agents . It is the intent of the parties to provide AWMC with the fullest indemnification, defense and hold harmless rights allowed under the law. 5 . Waiver of Claims. Grantor hereby waives any and all claims for damages of every kind, including, but not limited to, claims for injury to property or persons, and claims for equitable or implied indemnity or contribution, that may be caused by or result, directly or indirectly, from or be related in any way to any act or omission of AMWC, now or in the future, with respect to the Facilities and AMWC' s location, placement, installation, operation, inspection, maintenance, repair, replacement, removal or improvement of the Facilities . 6 . Remedies. AMWC reserves all rights and remedies it has or may hereafter have in law or in equity with respect to the matters set forth in this Agreement. Without limiting its rights and remedies in any way, AMWC shall have the right to discontinue water service to the Property and any or all occupants thereof should Grantor breach any term of this agreement and such breach continues for more than sixty (60) calendar days after AMWC has given written notice of such breach to Grantor. 7 . Severability. The invalidity of any provision(s) or word(s) of this agreement shall not affect the validity or enforceability of any other provision(s) or word(s) hereof . 8 . Entire Agreement. This Agreement constitutes the entire Indemnity Easement Agreement Page 3 of 5 agreement between the parties with respect to the subject matter thereof. No changes, amendments, or modifications to this Agreement shall be effective unless in writing and signed by all parties . 9 . Successors and Assigns. This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of Grantor and AMWC and to all future owners of the Property. 10 . Attorneys ' Fees/Venue. If any dispute arises in connection with this Agreement or the rights and obligations contained herein, the prevailing party shall be entitled to receive from the other party its reasonable attorneys ' fees, costs and expenses . The venue for any action or proceeding to enforce, interpret or concerning the parties ' rights and obligations under this Agreement shall be in the Superior Court of San Luis Obispo County, State of California. 11 . Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by first class mail, postage prepaid and addressed as provided in this section. Notice shall be effective on the date it is delivered in-person, or, if mailed, on the date of deposit in the United States Mail . Notices shall be addressed as follows unless a written change of address is given by one party to the other: AMWC: Atascadero Mutual Water Company P.O. Box 6075 Atascadero, CA 93423 Grantor: 12 . Ownership. The Grantor represents and warrants that it is the owner of the Property and has the legal right, capacity and authority to enter into this Agreement . 13 . Time is of the Essence. Time is of the essence in this Agreement . 14 . Governing Laws. This Agreement shall be governed under the laws of the State of California. 15 . Failure to Enforce. Any failure by AMWC, at any time or from time to time, to enforce or require strict adherence to or performance by the Grantor of its obligations under this Agreement shall not constitute a waiver of any such Indemnity Easement Agreement Page 4 of 5 obligations, and shall not in any manner affect or impair any such obligations or the right of AMWC to avail itself of any and all remedies it may have for any breach or breaches of any such obligations by the Grantor. Ll Executed on this the 8 day of 00J. , 2002 GRANTOR: ATASCADERO MUTUAL WATER COMPANY: *eTly V. Gearhart Kennet Weathers General Manager Indemnity Easement Agreement Page 5 of 5 NOTARY ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss. COUNTY OF Sari kvi.5 Obl-s pv ) On November 7 200-2 before me, Shahhon A4C( e- a Notary Public in and for said State, personally appeared 1!Pilg V. G ednc�tr� personally known to me ---onz-the-bary- to be the person 44;4- whose name(-s-)- is/a-r-e- subscribed to the within instrument and acknowledge to me that he/she/*may executed the same in hiskhe_r � authorized capacity(-iso-, and that by his,ther'�=ei signature-(-s-) on the instrument the person, or the entity upon which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SHANNON L. MC CABE NComm.11288819 rrnn •A NOTARY PUBLIC-CALIFORNIA YI ` San Luis Obispo County / My Comm.Expires Jan.26,1005 'A {SEAL) NOTARY ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss . COUNTY OF '_�)a/) / C�C;S I sW U ) On �0q'er'1�C_r- 15' 20�, before me,mej(Dc-(j '?illi 1 a Notary Public in and for said State, personally appeared E2_nn Y personal-1-y-known-to-me- (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s4 is/are-subscribed to the within instrument and acknowledge to me that he/she/--they executed the same in his/her-f-t-hei-r authorized capacity{-i-es-}r, and that by his/her-/t-heir signature () on the instrument the personas) , or the entity upon which the person(sl) acted, executed the instrument. WITNESS my hand and official seal. wipMELODY PINIONCOMM. #1307622 m NOTARY PUBLIC-CALIFORNIA SAN LUIS OBISPO COUNTY My Comm. Expires June 4,2005 L/ {SEAL} County of San Luis Obispo GERE W. SIBBACH, CPA Office of the Auditor-Controller c Auditor-Controller Room 300 County Government Center San Luis Obispo, California 93408 BILL ESTRADA (805) 781-5040 FAX (805) 781-1220 Assistant NAME KENNETH D WILSON/WILSON LAND SURVEYS ' ADDRESS 7400 MORRO RD ATASCADERO, CA 93422 NOV 2 5 1002 TRACT OR PARCEL MAP NO. TR 2479 /0 lot ,EI ( 'AM no ASSESSOR'S SEQUENCE NO. 2002-174 In accordance with Section 66493 Subdivision Map Act of the Government Code, and in consideration of Senate Bill 813 (effective July 1, 1983), the following is our estimate of taxes for the Fiscal Year 2002-03: �j��Col le�liY 2002-03601 Roll 2002-03 Supplemental Roll (1) 4,206 Supplemental Roll (2) Supplemental Roll (3) Supplemental Roll (4) Supplemental Roll (5) TOTAL BOND FISCAL YEAR 2002-03 $4 / � l 11-Oct-2002 Judy K. Cullen DATE PLEASE PAY YOUR CURRENT AND ANY PRIOR YEARS TAXES TO THE TAX COLLECTOR; AFTER PAYMENT IS MADE,THE TAX COLLECTOR WILL NEED THIS LETTER AND YOUR BOND TO COMPLETE THE PROCESS. QUESTIONS ABOUT THE BOND SHOULD BE DIRECTED TO (805) 781-5832. AFTER NOVEMBER 1ST THE ABOVE "601 ROLL" AMOUNT MUST BE PAID DIRECTLY TO THE TAX COLLECTOR (IT CANNOT BE INLCUDED IN THE BOND TOTAL). BOND INFORMATION TO BE COMPLETED BY COUNTY TAX COLLECTOR 6. Ve Applicant has deposited with the County Tax Collector $ n ! ra� r a in the amount of$ Signature Date Frank L. Freitas, CPA TREASURER ♦ TAX COLLECTOR ♦ PUBLIC ADMINISTRATOR SAN LUIS OBISPO COUNTY Room 203•County Government Center•San Luis Obispo,CA 93408-2060•Telephone(805)781-5831 •Fax(805)781-5362 TAX BOND CERTIFICATE I HEREBY CERTIFY that according to the records of this office, as of this date, there are no liens against the real property shown on Parcel/Tract Map # TR 2479, for unpaid State, County, Municipal or local taxes or special assessments collected as taxes, except taxes or special assessments not yet payable. I FURTHER CERTIFY that pursuant to California Government Code Section 66494.1 that the tax bond required by Chapter 4, Article 8 of the Subdivision Map Act is now on file in my office. DATED: FRANK L. FREITAS County Tax Collector County of San Luis Obispo, State of California By: "kk Deputy TC-TM-04.DOC(Rev.7/97) e � u Frank L. Freitas, CPA t, TREASURER ♦ TAX COLLECTOR ♦ PUBLIC ADMINISTRATOR SAN LUIS OBISPO COUNTY Room 203 •County Government Ccnter•San Luis Obispo,CA 93408-2060•Telcphone(805)781-5831 •Fax(805)781-5362 AUTHORIZATION FOR RELEASE OF BOND POSTED (CI E ONE) SUBJECT: as r Surety Bond of , . 0 to cover Secured Property Taxes on Tract/ Lot plit # TR 2479 for fiscal year 2002/2003. Assessment Number(s): 049,211,018 Surety Bond # Surety Bond Company: C.D. # Letter of Credit Issuing Institution: Per Government Code Section 66494(c): I hereby authorize the release of cash or surety bond money posted on this Tract/Lot Split for the purpose of paying Secured property taxes on the parcels involved. I further understand any excess proceeds shall be refunded after a refund claim has been signed. ` � C ! �1\ Signature v_C"— Print omPrint Name Mailing Address Date TC-TM-05.DOC(Rev.1/98)