HomeMy WebLinkAbout10-16-2012 c4 approve final map tract 2977_851 humbertcounci lj ac enba ncpont Meeting Date
October 16, 201 2
Item Number C 4
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C I T Y O F S A N L U I S O B I S P O
FROM :
Carrie Mattingly, Interim Director of Public Work s
Prepared By :Hal Hannula, Supervising Civil Engineer
Diane Dostalek, Engineering Consultan t
SUBJECT :APPROVAL OF A REAL PROPERTY EXCHANGE AGREEMENT AN D
ENVIRONMENTAL INDEMNITY AGREEMENT WITH HASLO ; AN D
APPROVAL OF THE FINAL MAP FOR TRACT 2977 UNIT 1, 851 HUMBER T
AVENUE (TR 27-06 )
RECOMMENDATIO N
1.Adopt a resolution approving the Real Property Exchange Agreement and the Environmenta l
Indemnity Agreement with the Housing Authority of the City of San Luis Obispo ; and
2.Adopt a resolution approving the Final Map for Tract 2977 Unit 1, 851 Humbert Avenue, an d
authorizing the Mayor to execute the Subdivision Agreement on behalf of the City .
DISCUSSIO N
Backgroun d
A vesting tentative map for Tract 2977 (TR 27-06) located at 851 Humbert Avenue (Attachment 1 -
vicinity map) was approved by the City Council on March 17, 2009, by Resolution No . 10066
(Series 2009) (Attachment 2). The vesting tentative map (Attachment 3) approved an 84-lo t
subdivision, including 83 lots created for development purposes and one lot for common area . The
subdivision, commonly known as the Moylan Terrace project, is an affordable housing project by th e
Housing Authority of the City of San Luis Obispo (HASLO). The City contributed approximately
$600,000 of Affordable Housing funds to the Moylan Terrace project .
Pursuant to Section 66456 .1 of the Subdivision Map Act, HASLO has informed the City of San
Luis Obispo of its intention to file multiple final maps on the one Tract 2977 tentative map . The
number and configuration of the proposed multiple final maps was not defined with the tentativ e
map . Unit 1 is the first phase proposed by the subdivider . It consists of 15 lots for developmen t
purposes, one lot for common area, and one remainder lot to be subdivided in future phases .
Also included in the Council Resolution that approved the tentative map was approval to dispose o f
City surplus land adjacent to the Union Pacific railroad property in order to facilitate the affordabl e
housing development . The proposed surplus property was incorporated into the development show n
on the approved tentative map for Tract 2977 . In exchange for acquiring the City's surplus property ,
HASLO is required to dedicate right-of-way for a future cul-de-sac on Francis Avenue and for a
future pedestrian crossing over the railroad tracks .
Approving the Real Property Exchange Agreement and Environmental Indemnity Agreemen t
The proposed Real Property Exchange Agreement (Attachment 4) formalizes the terms of th e
proposed disposition of the City's surplus property in exchange for the dedication of right-of-wa y
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Approval Of A Real Property Exchange Agreement And Environmenta l
Indemnity Agreement With Haslo ; And Approval Of The Final Map Fo r
Tract 2977 Unit 1, 851 Humbert Avenue (Tr 27-06)Page 2
by HASLO . Due to the proximity of the surplus property in relation to the railroad operations, th e
Environmental Indemnity Agreement (Attachment 5) requires HASLO to indemnify the Cit y
against future issues that may arise with regards to potential contamination on the surplus property .
The resolution approving the Real Property Exchange Agreement and Environmental Indemnit y
Agreement (Attachment 6) also authorizes the City Manager to sign the agreements and the Mayo r
to grant the surplus property to HASLO .
Approving the Final Ma p
The tentative map has an initial two-year life per Municipal Code Section 16 .10 .150 . With th e
automatic extensions granted by the State Legislature per Sections 66452 .22 and 66452 .23 of th e
Subdivision Map Act, this vesting tentative map now has an expiration date of March 7, 2015 .
Filing of multiple final maps does not extend the life of the tentative map unless off-sit e
improvements of a certain value are constructed in accordance with Section 66452 .6 of th e
Subdivision Map-Act . There are no off-site improvements required with Tract 2977 . The subdivide r
is allowed up to three additional years of time extensions per Municipal Code Section 16 .10 .155 .
Barring any. further extensions granted by the State Legislature, and assuming the subdivider applie s
for and is granted the three years of time extensions allowed by the City, the tentative map has a n
ultimate expiration date of March 7, 2018 . All phases of the final map must be filed by that time ,
otherwise a new tentative map will need to be processed by the subdivider .
Because the number and configuration of the multiple final maps was not defined with the tentativ e
map, the City has the authority to impose additional reasonable conditions related to the phasing of th e
map . No additional conditions are recommended with this first phase of the map, but the City has th e
right to impose reasonable conditions upon filing of the future phases of the map .
The phasing of the final map has created a situation where the common lot will be created in phases .
Each phase of the map will create a new common lot . This will result in more common lots than wha t
was originally approved with the tentative map . Language will be added to the future phases of th e
map indicating that these common lots are all considered a single unit and cannot be conveye d
separately. The multiple common lots will then function as a single lot, so as not to exceed the tota l
number of lots approved with the tentative map .
The final map for Unit 1 is ready to be approved and recorded . Section 66474.1 of the Subdivisio n
Map Act states that "a Legislative body shall not deny approval of a final or parcel map if it ha s
previously approved a tentative map for the proposed subdivision and if it finds that the final o r
parcel map is in substantial compliance with the previously approved tentative map ." All condition s
related to Unit 1 -of the map have been met and/or guaranteed with appropriate sureties o r
agreements . The approval of a final map by the City Council is considered a ministerial action .
Appropriate securities have been submitted to guarantee completion of the required subdivisio n
improvements for Unit 1 . The resolution approving the final map (Attachment 7) also authorizes th e
Mayor to sign the Subdivision Agreement requiring the Subdivider to complete the subdivisio n
improvements .
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Approval Of A Real Property Exchange Agreement And Environmenta l
Indemnity Agreement With Haslo ; And Approval Of The Final Map Fo r
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Tract 2977 Unit 1, 851 Humbert Avenue (Tr 27-06)Page 3
FISCAL IMPAC T
There is no significant financial impact to the City associated with approving the final map fo r
Tract 2977 Unit 1 . There is a potential for lost revenue related to the disposition of the surplus property ,
but since some of the surplus property consists of unused slope area and is encumbered by a hig h
pressure gas line easement, the value of the property is considered inconsequential related to the benefi t
achieved by providing additional affordable housing in the City . As previously stated, the City has
already contributed $600,000 of Affordable Housing funds to this project .
CONCURRENCE S
The Community Development Department concurs with the recommended action .
ALTERNATIVE S
1.Deny approval of the Real Property Exchange Agreement and the Environmental
Indemnity Agreement.If Council denies approval of the Real Property Exchang e
Agreement, then the project as proposed by HASLO could not be built in its approve d
configuration. This would be in conflict with the discretionary approvals already granted t o
HASLO by the City .
•2.Deny approval of the final map .Denying approval of the final map, pursuant to Sectio n
66473 of the Subdivision Map Act, can apply if findings are made that the requirements o r
conditions of the tentative map have not been met or performed . Because all of th e
conditions of the map will be met, or securities deposited prior to map recordation, Sectio n
66474 .1 of the Subdivision Map Act requires that Council approve the map . Therefore ,
denying approval of the final map is not a possible alternative for the Council .
ATTACHMENT S
1.Vicinity Map
2.Resolution No . 10066 (2009 Series )
3.Vesting Tentative Map
4.Draft Real Property Exchange Agreemen t
5.Draft Environmental Indemnity Agreemen t
6.Draft Resolution Approving the Real Property Exchange Agreement and the Environmenta l
Indemnity Agreemen t
7.Draft Resolution Approving the Final Ma p
T :\Council Agenda Reports\201212012-10-!6\Approve Final Map Tract 2977 851 Humbert (Mattingly-Hannula-Dostalek)\E-Council Agend a
Report .doc x
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Attachment 1
Attachment 2
RESOLUTION NO. 10066 (2009 Series)
AMENDING THE GENERAL PLAN LAND USE MAP FROM SERVICES &
MANUFACTURING TO MEDIUM HIGH DENSITY RESIDENTIAL FOR OF TH E
UNADDRESSED PARCEL (APN . 004-951-009) AND APPROVING A VESTIN G
TENTATIVE TRACT MAP, PURCHASE OF SURPLUS PROPERTY, USE PERMI T
FOR DEVELOPMENT OF A SENSITIVE SITE, AND MITIGATED NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT FOR A RESIDENTIAL AN D
MIXED-USE DEVELOPMENT AT 851 AND 860 HUMBERT AND TH E
UNADDRESSED VACANT LOT (004-951-009); (TRACT 2977)
WHEREAS,the Planning Commission of the City of San Luis Obispo conducted a
public hearing in the . Council Chamber of City Hall, 990 Palm Street, San Luis Obispo ,
California, on February 11, 2009, for the purpose of considering application R/PD/TR/ABAN/A
27-06 and ER 123-08, a request to allow a General Plan Amendment and Rezoning, Planne d
Development Rezone, Vesting Tentative Tract Map,Abandonment of rights-of-way,Use permit
for development of a sensitive site, and Purchase of surplus property for a workforce housing an d
mixed-use development; and
WHEREAS,the City Council of the City of San Luis Obispo conducted a public hearing
in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on Marc h
17, 2009, for the purpose of considering the project ;and
WHEREAS,the Council has duly . considered all evidence, including the
recommendation of the Planning Commission, testimony of interested parties, and the evaluatio n
and recommendations by staff, presented at said hearing .
NOW,THEREFORE, BE IT RESOLVED,by the Council of the City of San Lui s
Obispo as follows :
SECTION 1 .CEOA Compliance Findings .Based upon all the evidence, the Cit y
Council makes the following findings:
1.The project's Mitigated Negative Declaration which was prepared by the Communit y
Development Department on February 2, 2009 and reviewed by the Planning Commissio n
adequately identifies that with the incorporation of recommended mitigation measures ther e
is no foreseeable potential for significant environmental impacts by the proposed project .
2.The proposed project will provide quality affordable housing consistent with the intent of
California Government Code 65915, and that the requested density bonus, incentives an d
concessions are reasonably necessary to facilitate the production of affordable housing units .
SECTION 2 .General Plan Amendment amending the Land Use Map from Services &
Manufacturing to Medium-High Density Residential for the unaddressed lot (004-591-009).
Based upon all the evidence, the City Council makes the following findings :
R 10066
Attachment 2•
3.The proposed General Plan Amendment is consistent with General Plan Land Us e
Element policies regarding the expansion of housing opportunities and maximizing th e
development potential of infill sites . Additionally the project is consistent with Housin g
Element goals and policies which encourage facilitating housing production and land us e
efficiency, including HE Policy 3 .12.7, which specifically identifies this area as potentiall y
being appropriate for residential uses .
4.The redesignation of the unaddressed vacant parcel from an industrial designatio n
(Service & Manufacturing) to a residential designation (Medium-High Density Residential )
would not adversely impact the overall supply of manufacturing property in the area, as th e
proximity of the site to residential uses and constrained access make it undesirable for man y
industrial uses .
SECTION 3 .SubdivisionFindings .Based upon all the evidence, the City Counci l
makes the following findings:
5.The proposed Vesting Tentative Tract Map, together with the provisions for its desig n
and improvement, is consistent with the General Plan and Airport Land Use Plan, includin g
compatibility with the objectives, policies, general land uses and programs specified in th e
General Plan.
6.The design of the subdivision provides, to the extent feasible, for future passive or natural
heating or cooling opportunities in the subdivision .
7.As conditioned, the subdivider will defend, indemnify and hold harmless the City and it s
agents, officers and employees from any claim, action or proceeding against the City or it s
agents, officers or employees to attack, set aside, void or annul an approval of the City
Council, Planning Commission, or City Staff concerning a subdivision .
8.The proposed vesting tentative tract map is consistent with the General Plan, includin g
LUE 2 .4 .7, HE 3 .4 .2 and 3 .13, and CE Goal 2, COSE 4 .5 .1 and 4 .6 .17, because th e
subdivision will provide residential development anticipated by the General Plan and provid e
compact and sustainable housing options affordable to a variety of household types .
9.The site is physically suited for the proposed type of development because the project ha s
been designed to utilize available residential density while providing quality common ope n
spaces and roadway connections which will benefit the general public .
10.The design of the subdivision, or type of improvements, is not likely to cause seriou s
public health or safety problems because the type of improvements are appropriate for th e
location will be designed to meet existing building and safety codes .
11.The design of the subdivision, or the type of improvements, will not conflict wit h
easements, acquired by the public at large, for access through or use of, property within th e
proposed subdivision because such easements will be maintained .
SECTION 4.Disposition of Surplus Property Findings .Based upon all the evidence, th e
Resolution No . 10066 (2009 Series)
Page 2
Resolution No .10066 (2009 Series)
Page 3
City Council makes the following findings :
Attachment 2
12.The City no longer has need for the vacant property located just west of the railroad right -
of-way.
13.Disposition of this property to facilitate an affordable housing development is consisten t
with the policies of the Land Use and Housing Elements of the General Plan .
SECTION 5 .Use Permit for Development of a Sensitive Site Findings .Based upon al l
the evidence, the City Council makes the following findings :
14.Development of the site is consistent with the intent of the "S-overlay" and will not b e
detrimental to the health, safety or welfare of persons working or living at the site or withi n
the vicinity, as the project is consistent with ALUP safety and compatibility policies and Cit y
noise standards .
15.As conditioned, all residents of the site will be duly noticed of both Airport operation s
and adjacent noise sources .
SECTION 6.Action.The City Council does hereby approve the General Plan Amendment ,
Vesting Tentative Tract Map,disposition of surplus property, and adoption of a Negativ e
Declaration for property located at 851 and 860 Humbert and the unaddressed vacant parce l
(Application GPA/R/PD% TR/ABAN/A 27-06 and ER 123-08 ;Tract 2977),with incorporation o f
the following project mitigation measures, conditions and code requirements :
A.Mitigation Measure s
1.Should hydrocarbon contaminated soil be encountered during construction activities, th e
APCD must be notified as soon as possible and no later than 48 hours after affected material
is discovered to determine if an APCD Permit will be required . In addition, standard APC D
required procedures shall be implemented immediately-after contaminated soil is discovered .
2.Prior to any grading activities at the site, the project proponent shall ensure that a
geologic evaluation is conducted to determine if Naturally Occurring Asbestos (NOA) i s
present within the area that will be disturbed . If NOA is not present, an exemption reques t
must be filed with the District . If NOA is found at the site the applicant must comply with al l
requirements outlined in the Asbestos ATCM .
3.If utility pipelines are scheduled for removal or relocation the project may be subject t o
various regulatory jurisdictions, including the requirements stipulated in the Nationa l
Emission Standard for Hazardous Air Pollutants . These requirements include, but are no t
limited to 1) notification requirements to the APCD, 2) asbestos survey conducted by a
Certified Asbestos Inspector, and,3)applicable removal and disposal requirements of
identified ACM .
4.This project exceeds the 4.0 acres of grading threshold and is near potentially sensitiv e
receptors, and shall comply with all applicable Air Pollution Control District regulation s
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Resolution No. 10066 (2009 Series)
Page 4
Attachment 2
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pertaining to the control of fugitive dust (PM10) as contained in section 6 .5 of the Air
Quality Handbook . The following APCD standards for dust control shall be adhered to :
a.Reduce the amount of disturbed area where possible ,
b.Use of water trucks or sprinkler systems in sufficient quantities to prevent
airborne dust from leaving the site . Increased watering frequency would be require d
whenever wind speeds exceed 15 mph . Reclaimed (non-potable) water should be use d
whenever possible,
c.All dirt stockpile areas should be sprayed daily as needed ,
d.Permanent dust control measures identified in the approved project revegetation
and landscape plans should be implemented as soon as possible following completio n
of any soil disturbing activities ,
e.Exposed ground areas that are planned to be reworked at dates greater than on e
month after initial grading should be sown with a fast germinating native grass see d
and watered until vegetation is established ,
f.All disturbed soil areas not subject to revegetation should be stabilized usin g
approved chemical soil binders, jute netting, or other methods approved in advanc e
by the APCD ,
g.All roadways, driveways, sidewalks, etc . to be paved should be completed as soo n
as possible. In addition, building pads should be laid as soon as possible after gradin g
unless seeding or soil binders are used ,
h.Vehicle speed for all construction vehicles shall not exceed 15 mph on an y
unpaved surface at the construction site ,
i.All trucks hauling dirt, sand, soil, or other loose materials are to be covered o r
should maintain at least two feet of freeboard (minimum vertical distance between to p
of load and top of trailer) in accordance with CVC Section 23114 ,
j.Install wheel washers where vehicles enter and exit unpaved roads onto streets, o r
wash off trucks and equipment leaving the site, and
k.Sweep streets at the end of each day if visible soil material is carried ont o
adjacent paved roads . Water sweepers with reclaimed water should be used wher e
feasible .
5 . Prior to recordation of the final map, a screening level health risk assessment shall b e
performed to determine potential health risks to residents of the development . Depending on
the results of the screening level health risk assessment a more comprehensive analysis ma y
be required .
Resolution No . 10066 (2009 Series)
Page 5
6.All fill material on the property that will be exported during development of the site shal l
be sampled and analyzed prior to transport from the property. If soil is found to b e
contaminated it shall be disposed of at a permitted facility .
7.All owners, potential purchasers, occupants (whether as owners or renters), and potentia l
occupants (whether as owners or renters) shall receive MI and accurate disclosur e
concerning the noise, safety, or overflight impacts associated with airport operations prior t o
entering any contractual obligation to purchase, lease, rent, or otherwise occupy any propert y
or properties within the airport area .
8.Aviation easements will be recorded for all properties involved in the propose d
development with recordation of the final map .
9.The mixed-use structure west of Victoria Avenue shall not be constructed until afte r
adoption of the South Broad Street Corridor Plan, or redesignation of the site to a land us e
designation which allows for a combination of commercial and residential uses . Any such
Land Use changes shall be reviewed by the Airport Land Use Commission for complianc e
with the Airport Land Use Plan ..
10.All owners and occupants shall receive disclosure concerning the adjacent manufacturin g
uses and potential noise exposure .
I I . A final trip reduction plan shall be provided to, and approved by the City prior to fina l
map recordation.
B .Condition s
I . Final design of the project improvements shall be subject to review and approval by th e
Architectural Review Commission, and shall include modifications to address the scale o f
buildings facing Lawrence Drive, material changes to give architecture a more residentia l
feel, details of community open space and consideration of community garden space, an d
provision of a third solid waste enclosure.
2.Pursuant to Government Code Section 66474 .9(b), the subdivider shall defend, indemnify
and hold harmless the City and/or its agents, officers and employees from any claim, action
or proceeding against the City and/or its agents, officers or employees to attack, set aside ,
void or annul, the approval by the City of this subdivision, and all actions relating thereto ,
including but not limited to environmental review .
3.Easements for all public and common open spaces shall be clearly designated on th e
Tract Map .
4.The tentative map describes a LLA affecting the project for which no specifi c
information is provided . Should the LLA not occur, the project as shown on the tentativ e
map is no longer valid . The details of the LLA should be provided for review to insure ther e
are no fatal flaws in the development proposal .
Attachment 2
Resolution No . 10066 (2009 Series)
Page 6
Attachment 2 ~
5.The final subdivision design and improvements shall comply with the South Broad Stree t
Corridor Plan and all other City of San Luis Obispo Design Standards, Engineerin g
Standards and Standard Plans and Specifications .
6.All grading on the easterly edge of the proposed development,adjacent to railroad right -
of-way shall be completed in such a manner that the toe of any slope is a minimum of 10 feet
from the railroad right-of-way in order to accommodate a future bicycle path. An
appropriate structure shall be placed at the toe of the slope to prevent erosion onto the futur e
bicycle path area . The slope shall be designed such that the toe of the slope is at least fiv e
feet horizontally from the sewer main . Any structures or retaining walls shall be at least 1 0
feet away from the sewer and shall be designed such that no additional load is placed on th e
sewer main.
7.The tract map shall show and identify all easements described in the Title Report .
8.This development shall comply with the Waterways Management Plan . Provide a
complete hydraulic analysis, grading, drainage, and erosion control plan in accordance wit h
the Waterways Management Plan Volume III, Drainage Design Manual.
9.Show and note compliance with Engineering Standard 1010 .B for Storm Water Quality
Management for the drainage originating from or being conveyed through the parking lot s
and private streets . Run-off from adjacent streets as well as run-off from the parking lots wil l
require treatment under this standard .
10.The drainage flowing northerly toward Francis Avenue from the proposed project shal l
be carried and discharged onto Francis Avenue in an approved drainage facility . Appropriate
drainage easements from the adjoining property owner accepting the drainage will b e
required .
11.Francis Avenue shall be improved with the installation of curb and gutter on th e
southerly side of the street to accommodate additional storm water flows that may be directe d
to this street .
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12.These streets, within the boundaries of the proposed subdivision and includin g
transitions to existing improvements, shall be fully designed and constructed in accordanc e
with cur rent City Standards including a 40 foot curb to curb street section within a 60-foo t
dedicated right-of-way, and curb, gutter, 10-foot integral sidewalk, tree wells, ramps, signin g
and striping.
13.A city standard 50-foot radius cul-de-sac shall be constructed where the Humber t
Avenue public street ends. A 50-foot radius right-of way at the easterly end of Franci s
Avenue shall be provided . /0 'ru4;tns t curia , 50' rish r
14.The northerly side of Lawrence Drive shall be constructed to match the existing Villa
Rosa (Tract 2066) street section except for a 5-foot detached sidewalk . Complete a 40-foo t
street section within a 60-foot right of way . Curb, gutter, detached sidewalk, ramps signin g
and striping shall he designed and constructed to current City standards .
L Resolution No . 10066 (2009 Series )
Page 7 Attachment 2
15 . Street lighting, utilities and landscaping shall be installed in accordance with Cit y
standards .
16.Prior to approval of improvement plans, any alternative paving materials propose d
within the public right-of-way shall be approved by the Public Works Director . Alternative
paving materials shall be maintained by the Homeowner's Association .
17.Common areas and landscaped parkways shall be owned and maintained in perpetuit y
for public use by the Homeowner's Association or Housing Authority of San Luis Obispo
County. Water meters for common landscape areas, including, but not limited to parkways ,
medians and pathway corridors are-subject to water impact fees and shall be paid for by th e
subdivider.
18.The grading plan shall include provisions to comply with the soils engineer's
recommendations, including expansive soils, preparation of paved areas and pavemen t
design. The soils engineer shall supervise and approve all grading operations .
19.The subdivider's engineer shall submit water demand and wastewater generatio n
calculations so that the City can make a determination as to the adequacy of the supportin g
infrastructure . If an off-site deficiency exists, the subdivider will be required to mitigate th e
deficiency as part of the overall project.
20.Sewer and water mains shall be located in accordance with City Standard #6010. All
final grades and alignments of all public water, sewer and storm drains (including service .
laterals and meters) are subject to modifications to the satisfaction of the Public Work s
Director and Utilities Engineer .
21.The subdivision layout and preliminary utility plans shall include provisions fo r
irrigating common areas, parks, and other large landscape areas with recycled water .
App,up 'lately sized reclaimed water mains shall be designed and constructed from the City's
trunk system to these irrigation areas . If other use areas exist beyond the proposed
subdivision,the mains shall be appropriately sized to provide for future use areas an d
extended to the boundary of the tract
22.Include site sections or partial site sections as necessary to show site utilities . Provide
utility profiles as necessary where a possible conflict may exist between utilities for fina l
placement and/or for constructability . Additional review may be required by the Utilitie s
Engineer when complete plan information is provided .
23.Existing trees on adjacent properties shall be considered and protected if constructio n
encroaches upon their drip lines . The large Acacia tree in the Open space shall be protecte d
with a fence to be installed before grading or constructions begins and remains undisturbe d
until completion of this project . A small willow tree in the center of this project is ok to be
removed and shall be mitigated for within the landscape plan to include tree plantings .
24, Prior to the issuance of building permits, the applicant shall be responsible for payin g
current transportation impact fees (TIF) plus a "fair share" mitigation fee for the percentag e
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Attachment 2 •
of new trips generated by the project that will travel through the intersection o f
Broad/South/Santa Barbara intersection as determined by the Public Works Director, an d
based on the estimated intersection improvement cos t
25.Previous traffic studies prepared for the Broad Street Corridor project identify th e
intersection of Broad/Lawrence as a potential candidate for a future traffic signal . This
project will add traffic to this intersection . Prior to the issuance of building permits, th e
applicant will be required to pay its fair share toward the design and installation of a futur e
traffic signal at this intersection as determined by the Director of Public Works .
26.To minimize traffic impacts, a trip reduction plan and implementation program i s
required . The plan shall include at a minimum : a) designation of a coordinator to administe r
the program ; b) carpool, carshare, bicycling and transit information ; c) availability of lon g
term bicycle parking for residents, information and incentives for those who use alternativ e
transportation such as subsidies to employees using public transit, or other measures t o
approval of the Public Works Director. The trip reduction plan shall be provided to all ne w
tenants . A draft of the plan shall be submitted for review as part of the building permi t
application. Occupancy shall not be granted until the plan has been approved by the Publi c
Works Director .
27.Prospective tenants shall be notified of the project's requested and approved parkin g
reductions and tandem parking. Additionally,they should be advised that they should ensure
that the amount of on-site parking is adequate for their needs because they will not be able t o
obtain on-street parking permits for any additional parking needs .
28.Garages within the project shall be used exclusively for parking vehicles and may not b e
used for general storage, recreation, or other uses that would prevent the parking of vehicle s
as required by the Zoning Regulations .
29.The project design shall not preclude the future construction of a bike path along th e
railroad corridor at the foot of the project slope . Prior to final map recordation, the applican t
shall record an easement for the future bikepath as necessary . To determine the easemen t
area, the applicant shall submit a site/grading plan that illustrates where this path can b e
located and how this project will provide access to the future bikepath .
30.The project design shall not preclude the future construction of a bicycle bridge over th e
railroad tracks at Francis Street . Prior to final map and abandonment approval, the applicant
shall submit a site plan/grading plan illustrating on-site and public improvements outside o f
the area identified for the Francis Street bicycle bridge, abutments and ADA ramping .
31.Public improvements shall comply with the draft Broad Street Corridor Plan which
identifies Victoria Street as a "Village Street" and Lawrence Drive as an "Entry Street".
32.Long and short-term bicycle parking shall be provided in accordance with Table 6 .5 of
the Zoning Regulations . Short-term bicycle racks shall be placed in visible locations near
public entries . Dimensioned locations and details of the short and long-term bicycle parkin g
(including 2x6 dimensioned area for each bicycle parking space in a residential dwelling )
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Resolution No. 10066 (2009 Series )
Page 8
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Resolution No . 10066 (2009 Series )
Page 9
Attachment 2
shall be provided on the project's construction plans including rack design, location ,
clearances and circulation for users in compliance with manufacturers' standards .
33.Continued affordability provisions shall be developed to assure units remain affordabl e
to residents that earn low, lower, moderate and work force incomes . These provisions may
allow for equity accumulation over time . The continuance of affordability shall be subject to
review and approval by the Community Development Director prior to issuance of buildin g
permits.
34.The final map, public improvement plans, and building plan submittals shall be i n
substantial compliance with the approved plans and all mitigation measures and conditions o f
approval, except for revisions necessary to comply with City Standards or Plannin g
Commission, City Council, and Architectural Review Commission direction . Final revision s
shall be approved to the satisfaction of the Community Development D irector and Public
Works Director .
C .Code requirements.The following code requirements are included for information purposes
only.They serve to give the applicant a general idea of other City requirements that will apply
to the project.This is not intended to be an exhaustive list as other requirements may be
identified during the plan check process.
35.An encroachment permit will be required from the Public Works Department for an y
work or construction staging in the public right-of-way .
36.A traffic control plan and/or pedestrian control plan shall be approved prior t o
encroachment permit issuance for work in the public right-of-way .
37.All boundary monuments, lot corners and centerline intersections, BC's, EC's, etc ..., shall
be tied to the City's Horizontal Control Network At least two control points shall be used
and a tabulation of the coordinates shall be submitted with the final map or parcel map . All
coordinates submitted shall be based on the City coordinate system . A 3 .5" diameter
computer floppy disk, containing the appropriate data compatible with Autocad (Digital
Interchange Format, DXF) for Geographic Information System (GIS)purposes,shall b e
submitted to the satisfaction of the Public Works Director .
38.Prior to acceptance by the City of public improvements,the developer's engineer shall
submit a digital version of all public improvement plans & record drawings, compatible wit h
Autoead (Digital Interchange Format, DXF) for Geographic Information System (GIS )
purposes, to the satisfaction of the Public Works Director .
39.EPA Requirenient :General Construction Activity Storm Water Permits are required fo r
all storm water discharges associated with a construction activity where clearing, grading an d
excavation results in land disturbance of one or more acres . Storm water discharges of les s
than one acre, but which is part of a larger common plan of development or sale, also requir e
a permit. Permits are required until the construction is complete .To be covered by a
General Construction Activity Permit, the owner(s)of land where construction activity
C4-13
Resolution No . 10066 (2009 Series )
Page 10
Attachment 2 •
occurs must submit a completed "Notice of Intent" (NOI) form, with the appropriate fee, t o
the State Water Resources Control Board (SWRCB).
40.A copy of the Stormwater Pollution Prevention Plan (SWPPP) required by the SWRC B
shall be included as part of the building permit and/or grading permit plan submittal . The
WDID Number issued by the board shall be noted on all plans that involve regulated lan d
disturbing activities .
41.Document compliance with the new draft Water Quality Board State Constructio n
Permit, which requires dischargers to replicate the pre-project runoff water balance (for thi s
permit, defined as the amount of rainfall that ends up as runoff) for the smallest stones up t o
the g 5`h percentile storm event (or the smallest storm event that generates runoff, whicheve r
is larger).
42.Provide a complete site utility plan. Show all existing and proposed on-site and off-sit e
utilities. Show the location of all overhead and underground utilities along with the locatio n
of any utility company meters . Show all existing and proposed improvements located withi n
the public right-of-way if applicable .
43.Show and note that the new wire services shall be placed underground in accordanc e
with UBC Section .308 .3 as amended locally .
44.Provide separate engineering drawings or a composite utility plan from P . G . & E .,
ATTJPacBell, and Charter for the new wire utilities if necessary . If these plans are no t
available, note on the cover sheet of the plans and utility plan these engineered utility plan s
will be a deferred submittal item . Further note that 'The engineered utility plans shall b e
submitted to the city for review and approval prior to commencing with any on-site or off-
site utility construction."
45.Complete the gas pipe sizing for the proposed gas service to these buildings . The ga s
company shall review these plans for the proposed gas piping and gas meter locations .
Provide gas meter dusters as required by the -gas company. Provide a copy of a signed utilit y
plan or separate transmittal from the gas company indicating their review and approval of th e
piping as shown .
46.Show the location, size, and material of all public water mains, recycled water mainlines ,
sewer mains, and public storm drain systems .
47.Show all required or proposed parking lot improvements, lot dimensions, spac e
dimensions, materials, space and aisle slopes, drainage, pavement markings, signage, an d
striping in accordance with the Parking and Driveway Standards and disabled acces s
requirements of the CBC . The parking and driveway standards are available from the
Community Development Department or are available within the Engineering Standards .
The Parking and Driveway Standards are again available in U .S . Customary Units.
48.The final map preparation and monumentation shall be in accordance with the city's
Subdivision Regulations, Engineering Standards, and the Subdivision Map Act .
C4-14
Resolution No . 10066 (2009 Series)
Attachment 2
Page 11
49.The subdivider shall dedicate a 6' wide public utility easement and a 10' wide street tre e
easement across the frontage of each lot, adjacent to and contiguous with all public right-of-
way lines .
50.One Street Tree is required per . 35' lineal feet of street frontage or any part thereof.
Street trees shall be from the Master Street Tree List and planted to City of San Luis Obispo
Engineering Standards .
51.Final locations of fire hydrants and water meters appear shall be shown on th e
improvement plans, and shall be approved by the Utility Department .
52.Eave and balcony overhangs projecting beyond the floor area shall conform to th e
requirements of CBC Section 704.2 .
Upon motion of Vice Mayor Settle, seconded by Council Member Carter, and on th e
following roll call vote :
AYES :
Council Members Ashbaugh, Carter and Man, and Vice Mayor Settl e
NOES :
None
ABSENT :
Mayor Romer o
The foregoing resolution was adopted this 17 th day of March 2009 .
Mayor David F . Romero
APPROVED AS TO FORM :
.-Lowel l
City Attorney
C4-15
004-951-009 GPAIR/PDITRIABAN/A 27-06 and ER 123-0 8
Services & Manufacturing to Medium High Density Residential& Surplus Property Request
Attachment 3
,JOXVZ 3 .<£1589 N
C4-18
Attachment 3
I0
ES
lUOUTBny
Attachment 4
RECORDING REQUESTED B Y
AND WHEN RECORDED, RETURN TO :
City Clerk
City of San Luis Obisp o
990 Palm Stree t
San Luis Obispo, CA 9340 1
REAL PROPERTY EXCHANGE AGREEMEN T
THIS REAL PROPERTY EXCHANGE AGREEMENT ("Agreement") is dated as o f
2012, and is made and entered into by and between the City of San Lui s
Obispo, a California municipal corporation and charter city ("City"), and the Housing Authority of the Cit y
of Sal) Luis Obispo, a public agency, corporate and politic, ("HASLO"). HASLO and City are collectivel y
referred to as "Parties".
RECITAL S
A.HASLO owns that certain real property located at 851 and 860 Humbert Avenue . Said HASLO
property is described in Exhibit A and conceptually shown in Exhibit E attached hereto ("HASL O
Property").
B.City owns that certain real property located adjacent to the railroad right-of-way . Said City property
is described in Exhibit B and conceptually shown in Exhibit E attached hereto ("City Property").
I-IASLO was granted approval to develop HASLO Property per City Council Resolution No . 1006 6
(2009 Series) and per Architectural Review Commission (ARC) approval ARC 27-06 .
D.To develop HASLO Property as approved by the City Council and the ARC, it is necessary fo r
HASLO to obtain and utilize a portion of said City property ("Surplus Property") as described i n
Exhibit C and conceptually shown in Exhibit E attached hereto .
E.Said City Council Resolution made findings regarding the disposition of Surplus Property . It was
determined that City no longer has need for Surplus Property, and that the disposition of Surplu s
Property to facilitate an affordable housing development is consistent with the policies of the Lan d
Use and Housing Elements of the General Plan .
F.In exchange for obtaining Surplus Property, HASLO will dedicate right-of-way to the City for a
cul-de-sac at the terminus of Francis Avenue and for a future pedestrian crossing over the railroa d
tracks . The Francis cul-de-sac dedication and the pedestrian crossing dedication are collectivel y
referred to as "HASLO Dedication" and are described in Exhibit D and conceptually shown i n
Exhibit E attached hereto .
G.The Parties recognize that there is a risk that Surplus Property is impacted by underground soi l
contamination resulting from past railroad operations . It is the intention of the Parties that, throug h
this agreement and a separate Environmental Indemnity Agreement recorded concurrently herewith ,
HASLO assumes all risks, liabilities, and financial obligations arising from or relating t o
contamination, if any .
C4-21
Attachment 4
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants set forth
•
below, City and HASLO agree as follows :
I .
Recitals Incorporated .The above Recitals are true and correct and are incorporated into thi s
Agreement by this reference .
2.Conveyance of Real Property .Prior to or concurrent with map recordation for Tract 2977, HASLO
shall convey title to the HASLO Dedication to the City in exchange for the City conveying title to th e
Surplus Property to HASLO . The method of conveyance/exchange shall be by grant deed, easemen t
offer/dedication, quitclaim, or any other means as determined by City . The documents conveying th e
property shall be recorded in the office of the County Recorder of San Luis Obispo County, Californi a
("County")at no cost to City . Any fees and property taxes required by County to record the exchange shal l
be the sole responsibility of HASLO .
3.Condition of Title of Real Property .HASLO agrees to convey HASLO Dedication to City free an d
clear of any conflicting oral or written title liens and encumbrances, leases, assessments, easements, an d
other possessory or non-possessory interests in the real property, except for recorded public utility
easements, or recorded public rights of way . Prior to conveyance, HASLO shall submit a current preliminar y
title report for HASLO Dedication to confirm the acceptability of the condition of title in advance of th e
property exchange . HASLO agrees to work with City to seek any encumbrance releases necessary to assur e
that clear title to the rights to be transferred by HASLO to City is conveyed . Prior to conveyance, HASL O
agrees to purchase title insurance on the HASLO Dedication with the City as the beneficiary . The amount o f
title insurance and the title company shall be approved by the City .
4.Consideration .The Parties agree that HASLO Dedication and Surplus Property are of equal value .
•
The HASLO Dedication, together with the indemnification granted to City by HASLO in a separat e
Environmental Indemnity Agreement, provide a significant public benefit as a whole and constitute adequat e
consideration for the property transferred, and no monetary consideration shall be exchanged .
5.Environmental Indemnity Agreement .As a material part of the consideration for the City's
agreement to enter into the Real Property Exchange Agreement, City shall be released, held harmless an d
indemnified by HASLO and its successors and assigns of Surplus Property and completely protected, to th e
fullest extent possible under the law, from any and all claims, liabilities and obligations associated with th e
physical or environmental condition of Surplus Property and HASLO and its successors and assigns o f
Surplus Property, as transferees, shall accept all risks, liabilities and financial obligations arising from o r
relating to the physical and environmental condition of Surplus Property, regardless of the nature or degre e
of any defect in such condition . An Environmental Indemnity Agreement shall be recorded concurrently wit h
the Real Property Exchange Agreement .
6.Waiver .No delay or omission in the exercise of any right or remedy of a non-defaulting part y
regarding .any default by the other party shall impair such right or remedy or be construed as a waiver .A
party's consent or approval of any act by the other party requiring consent or approval shall not be deemed t o
waive or render unnecessary said party's consent to or approval of any subsequent act of the other party .
Any waiver by either party of any default must be in writing and shall not be a waiver of any other defaul t
concerning the same or any other provision of this Agreement.
7.Legal Action .In addition to any other rights or remedies either party has under this Agreement ,
either party may take legal action to : (a) cure, correct or remedy any default by the other party ; (b) compel
specific performance of this Agreement ; (c) obtain injunctive relief; or (d) obtain any other remed y
consistent with the purpose of this Agreement .
C4-22
•
Attachment 4
•
•
•
8.Notices .Any notice, demand, request, consent, approval or communication under this Agreemen t
shall be in writing and either served personally or sent by prepaid, first-class mail to the address set fort h
below . Either party may change its address by notifying the other party of the change of address in writing .
Notice shall be deemed given (a) upon personal delivery or (b) forty-eight (48)hours from deposit of suc h
notice in the United States mail, postage prepaid .
To City :
City of San Luis Obisp o
919 Palm Street
San Luis Obispo, CA 9340 1
Attn : Director of Public Work s
To Developer :
Housing Authority of the City of San Luis Obisp o
487 Leff Stree t
San Luis Obispo, CA 9340 1
Attn : Carol Batley, Executive Directo r
9.Agreement Assignment .HASLO shall not assign, transfer, convey or otherwise dispose of th e
contract, or its right, title or interest, or its power to execute such a contract to any individual or busines s
entity of any kind without the previous written consent of the City .
10.
Governing Law . This Agreement shall be governed by and construed in accordance with the laws o f
the State of California .
11.
Amendment .This Agreement may be amended at any time by the mutual consent of the Parties by a
written instrument signed by both Parties .
12.Authority.The persons executing this Agreement on behalf of the Parties hereto warrant that the y
are duly authorized to execute this Agreement on behalf of said Parties and that by so executing thi s
Agreement, the Parties hereto are formally bound to the provisions of this Agreement _
13.Severability .Each term, covenant, condition or provision of this Agreement is intended to b e
severable . If any term, covenant, condition or provision contained in this Agreement is held to be invalid ,
void or illegal by any court of competent jurisdiction, such provision shall be deemed severable from th e
remainder of this Agreement and shall in no way affect, impair or invalidate any other term, covenant ,
condition or provision contained in this Agreement . If such term, covenant, condition or provision shall b e
deemed invalid due to its scope or breadth, such covenant, condition or other provision shall be deemed vali d
to the extent of the scope or breadth permitted by law .
14.Interpretation .The paragraph headings of this Agreement are for reference and convenience only,
are not made part of this Agreement and shall have no effect upon the construction or interpretation of any
part hereof. The provisions of this Agreement shall be construed ins reasonable manner to implement th e
purposes of the Parties and of this Agreement. This Agreement shall be construed as if drafted jointly b y
City and HASLO .
15.
Indemnification .HASLO shall defend, indemnify, and hold harmless the City or its agents, officers ,
and employees from any claim, action, or proceeding against the City or its agents, officers, or employee s
C4-23
Attachment 4
arising out of or related to the City's approval of this Agreement . The City shall promptly notify HASLO o f
any claim, action, or proceeding received by the City .
16 .Entire Agreement .This Agreement represents the entire understanding of City and HASLO as to th e
matters contained herein, and no prior oral or written understanding shall be of any force or effect wit h
respect to the matters covered in this Agreement ..
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their respectiv e
duly authorized officers and representatives as of the date first set forth above .
CITY OF SAN LUIS OBISPO,.
a California municipal corporatio n
By :
Katie Lichti g
City Manager
ATTEST :
Maeve Kennedy Grime s
City Clerk
•
APPROVED AS TO FORM :
By :
J . Christine Dietric k
City Attorney
HOUSING AUTHORITY OF THE CITY OF SAN LUIS OBISPO ,
a public agency, corporate and politi c
By :
C4-24 -
•
•
Attachment 4
Beneficiary's Consent to Real Property Exchange Agreemen t
Mission Coniniunity Hank is a beneficiary ("Beneficiary") under that certain Deed of Trus t
recorded August 31, 2011, as Instrument No .2011-042352 and Deed of Trus t
recorded December 29,2011,as Instrument No . 2011-066288 of Official Records, i n
the Office of the County Recorder of the County of San Luis Obispo, State of California . The Deed s
of Trust encumber the real property described in Exhibit A of the attached "Real Propert y
Exchange Agreement" (The "Agreement"). The undersigned as the Beneficiary of said Deeds o f
Trust hereby consents to the execution and recordation of the Agreement, and agrees that upo n
recordation of said Agreement, Trustee's and Beneficiary's interests in said real property shall b e
subordinate to the Agreement, with the following exception : [1] The entirety of the Agreement's
paragraph 5 entitled "Environmental Indemnity Agreement", as well as any other indemnity term s
and [2] the entirety of that certain separate agreement entitled "Environmental Indemnit y
Agreement" between the City of San Luis Obispo ("City"), a municipal corporation and charter city ,
and The Housing Authority of the City of San Luis Obispo, a public agency, corporate and politic,("
HASLO"), shall not apply to nor in any manner be binding upon the Beneficiary despite any term s
to the contrary therein .
BENEFICI Y :
MISSION ;if MUNITY BAN Kt4
By : Ro .ert J . Stevens Dated /04A z....
Executive Vice President J Chief Credit Office r
The above terms and conditions are approved by the undersigned :
CITY OF SAN LUIS OBISPO ,
a California municipal corporatio n
By :
Katie Lichtig
. City Manage r
ATTEST:APPROVED AS TO FORM :
Maeve Kennedy Grimes J . Christine Dietric k
City Clerk City Attorney
HOUSING AUTHORITY OF THE CITY OF SA N
LUIS OBISPO,a public agency, corporate and politi c
ALL SIGNATURES MUST BE NOTARIZED
C4-25
Attachment 4
Exhibit A
Legal Description of Existing HASLO Propert y
PARCEL A : (A .P .N .:004-924-012) LOTS 7, 8 AND 9 IN BLOCK 14 OF THE IMPERIAL ADDITION TO TH E
CITY OF SAN LUIS OBISPO, IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE O F
CALIFORNIA, ACCORDING TO MAP RECORDED DECEMBER 21, 1891 IN BOOK A PAGE 128 OF MAPS, I N
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY .
PARCEL B : (A .P .N .:PORTION OF 004-951-015) LOTS 13 AND 14 IN BLOCK 6 ; AND ALL OF BLOCK 13 ,
BOTH OF THE IMPERIAL ADDITION TO THE CITY OF SAN LUIS OBISPO, IN THE CITY OF SAN LUI S
OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP RECORDE D
DECEMBER 21, 1891 IN BOOK A PAGE 128 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAI D
COUNTY . ALSO ALL THAT PORTION OF BLOCK 16 OF THE IMPERIAL ADDITION TO THE CITY OF SAN LUI S
OBISPO, IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA ,
ACCORDING TO MAP RECORDED DECEMBER 21, 1891 IN BOOK A PAGE 128 OF MAPS, IN THE OFFICE O F
THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS : BEGINNING AT THE POINT O F
INTERSECTION OF THE NORTHEAS LRLY LINE OF FREDERICK AVENUE WITH THE SOUTHWESTERLY LIN E
OF THE PROPERTY CONVEYED TO THE SOUTHERN PACIFIC RAILROAD COMPANY BY DEED RECORDE D
JANUARY 26, 1926 IN BOOK 9 PAGE 412 OF OFFICIAL RECORDS ; THENCE SOUTH 32°14'30" EAST ALON G
THE SAID NORTHEASTERLY LINE TO ITS INTERSECTION WITH THE NORTHWESTERLY LINE OF KUANG S U
AVENUE (NOW LAWRENCE DRIVE) EXTENDED NORTHEASTERLY ; THENCE NORTHEASTERLY ALONG SAI D
EXTENSION OF KUANG SU AVENUE (NOW LAWRENCE DRIVE), 180 .00 FEET, MORE OR LESS, TO TH E
WESTERLY LINE OF THE PROPERTY SO CONVEYED TO THE SOUTHERN PACIFIC RAILROAD COMPANY ;
THENCE NORTHWESTERLY ALONG SAID WESTERLY LINE TO THE POINT OF BEGINNING .
PARCEL C : (A .P .N .:PORTION OF 004-951-015) THAT PORTION OF ABANDONED FREDERICK AVENUE, I N
THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ABANDONED B Y
ORDER OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN LUIS OBISPO, RECORDED JULY 20 ,
1939 IN BOOK 263 PAGE 33 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS : BEGINNING -AT TH E
POINT OF INTERSECTION OF THE NORTHWESTERLY LINE OF KUANG SU AVENUE (NOW LAWRENC E
DRIVE) AND THE SOUTHWESI ERLY LINE OF FREDERICK AVENUE ; THENCE NORTHEASTERLY ALONG TH E
NORTHEASTERLY PROLONGATION OF SAID NORTHWESTERLY LINE OF KUANG SU AVENUE (NO W
LAWRENCE DRIVE), TO THE NORTHEASTERLY LINE OF FREDERICK AVENUE ; THENCE NORTHWESTERL Y
ALONG SAID NORTHEASTERLY LINE OF FREDERICK AVENUE, TO AN INTERSECTION WITH TH E
NORTHEASTERLY PROLONGATION OF THE NORTHEA51 ERLY LINE OF HUMBERT AVENUE ; THENC E
SOUTHERLY ALONG A STRAIGHT LINE TO THE POINT OF INTERSECTION OF TH E
SOUTHEASTERLY LINE OF HUMBERT AVENUE WITH THE SOUTHWES I ERLY LINE OF FREDERICK AVENUE ;
THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE OF FREDERICK AVENUE TO THE POINT O F
BEGINNING .
PARCEL D : (A .P .N .:PORTION OF 004-951-015) THAT PORTION OF ABANDONED VICTORIA AVENUE, I N
THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ABANDONED B Y
ORDER OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN LUIS OBISPO, RECORDED JULY 20 ,
1939 IN. BOOK 263 PAGE 33 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS :
(continued)
•
C4-26
•
Attachment 4
BEGINNING AT THE POINT OF INTERSECTION OF THE NORTHWESTERLY LINE OF KUANG SU AVENU E(NOW LAWRENCE DRIVE) WITH THE SOUTHWESTERLY LINE OF VICTORIA AVENUE ; THENC ENORTHEASTERLY ALONG THE NORTHEASTERLY PROLONGATION OF SAID NORTHWESTERLY LINE O FKUANG SU AVENUE (NOW LAWRENCE DRIVE) TO THE NORTHEASTERLY LINE OF VICTORIA AVENUE ;THENCE NORTHWESTERLY ALONG SAID NORTHEASTERLY LINE OF VICTORIA AVENUE TO TH E
SOUTHEASTERLY LINE OF HUMBERT AVENUE ; THENCE SOUTHWESTERLY ALONG SAID SOUTHEAS I ERLY
LINE OF HUMBERT AVENUE PRODUCED ACROSS VICTORIA AVENUE, TO THE SOUTHWESTERLY LINE O FSAID VICTORIA AVENUE ; THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE OF VICTORI AAVENUE TO THE POINT OF BEGINNING .
End of description .
9
Attachment 4
Exhibit B
Legal Description of Existing City Propert y
(A .P .N .: 004-951-009 )
PARCEL 4 OF PARCEL MAP SLO-78-154, IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUI S
OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP RECORDED FEBRUARY 5, 1981 IN BOOK 30, PAG E
20 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY .
End of description .
•
•
•
C4-28
•
Attachment 4
Exhibit C
City Surplus Property :
BEING A PORTION OF PARCEL 4 OF PARCEL MAP NO . SLO-78-154 IN THE 01 1 Y OF SAN LUIS OBISPO ,
COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA AS SHOWN ON MAP RECORDED IN BOOK 30 O F
PARCEL MAPS, AT PAGE 20 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MOR E
PARTICULARLY DESCRIBED AS FOLLOWS :
BEGINNING AT A REBAR AND PLASTIC CAP STAMPED L .S . 7318 AT THE INTERSECTION OF TH E
CENTERLINE OF FREDERICK AVENUE WITH THE NORTH RIGHT OF WAY LINE OF LAWRENCE DRIVE A S
SHOWN ON RECORD OF SURVEY RECORDED IN BOOK 79 OF SURVEYS, AT PAGE 73 IN THE OFFICE O F
SAID COUNTY RECORDER, SAID POINT ALSO BEING A POINT ON THE NORTH TRACT BOUNDARY O F
TRACT NO . 2066 AS SHOWN ON AMENDING MAP RECORDED IN BOOK 16 OF MAPS, AT PAGE 85 IN TH E
OFFICE OF SAID COUNTY RECORDE R
THENCE, ALONG SAID NORTH RIGHT-OF-WAY LINE NORTH 59°00'03" EAST 264 .23 FEET TO A 3/4 INC H
IRON PIPE WITH TAG STAMPED L .S . 5661 AT THE NORTHEAST TRACT CORNER OF SAID TRACT NO . 2066 ,
ALSO BEING THE SOUTHEAST CORNER OF SAID PARCEL 4 AS SAID CORNER IS SHOWN ON SAID RECOR D
OF SURVEY MAP, AND SHOWN ON SAID TRACT MAP, AND SHOWN ON SAID PARCEL MAP . SAID POINT
ALSO BEING THE TRUE POINT OF BEGINNING,AND THE BEGINNING OF A CURVE, CONCAV E
SOUTHWEST AND HAVING A RADIUS OF 551 .07 FEET AND TO WHICH POINT A RADIAL BEARS NORT H
66°18'21" EAST;
THENCE, NORTHWEST ALONG THE EAST LINE OF SAID PARCEL 4 THROUGH A CENTRAL ANGLE O F
11°04'31" 106 .52 FEET TO A POINT TO WHICH A RADIAL BEARS NORTH 55°13'50" EAST ;
THENCE, LEAVING SAID EAST LINE NORTH 52°46'56" WEST 407 .78 FEET TO THE NORTHEAST
PROLONGATION OF THE NORTHWEST LINE OF LOT 7 IN BLOCK 14 OF THE IMPERIAL ADDITION TO TH E
CITY OF SAN LUIS OBISPO AS SHOWN ON MAP RECORDED IN BOOK A OF MAPS, AT PAGE 128 IN TH E
OFFICE OF SAID COUNTY RECORDER . SAID NORTHWEST LINE ALSO BEING COMMON TO LOT 6 IN SAI D
BLOCK 14 ;
THENCE, ALONG SAID NORTHEAST PROLONGATION SOUTH 58°5728" WEST 25 .81 FEET TO A POINT ON
THE WEST LINE OF SAID PARCEL 4 AS SHOWN ON SAID PARCEL MAP ;
THENCE, ALONG SAID WEST LINE, ALSO BEING THE WEST LINE OF THAT PARCEL OF LAND DESCRIBED I N
DEED RECORDED IN BOOK 9 OF OFFICIAL RECORDS, AT PAGE 412 SOUTH 52°0129" EAST 256 .21 FEET
TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 491 .07 FEET AND T O
WHICH POINT A RADIAL BEARS NORTH 39°22'50" EAST ;
THENCE, SOUTH ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 28°33'15" 244 .73 FEET TO TH E
SOUTHWEST CORNER OF SAID PARCEL 4, TO WHICH A RADIAL BEARS NORTH 67°56'05" EAST, A S
SHOWN ON SAID PARCEL MAP AND SAID RECORD OF SURVEY MAP ;
THENCE ALONG THE SOUTH LINE OF SAID PARCEL 4, ALSO BEING THE NORTH LINE OF SAID TRACT NO .
2066, NORTH 59°00'03" EAST 57 .52 FEET TO THE TRUE POINT OF BEGINNING .
End of description .
Attachment 4
Exhibit D
HASLODedicatio n
BEING A PORTION OF BLOCK 16, OF THE IMPERIAL ADDITION TO THE CITY OF SAN LUIS OBISPO ,
COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA AS SHOWN ON MAP RECORDED IN BOOK A OF
MAPS, AT PAGE 128 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND A PORTION O F
FREDERICK AVENUE BETWEEN SAID BLOCK 16 AND BLOCK 14 OF SAID IMPERIAL ADDITION ABANDONE D
PER DOCUMENT NO .IN THE OFFICE OF SAID COUNTY RECORDER ; BEING MOR E
PARTICULARLY DESCRIBED AS FOLLOWS :
BEGINNING AT A 1-1/4 INCH IRON PIPE WITH A BRASS TAG STAMPED L .S . 3877 AT THE MOST EASTERL Y
CORNER OF LOT 7 IN BLOCK 14 OF SAID IMPERIAL ADDITION AS SHOWN ON RECORD OF SURVE Y
RECORDED IN BOOK 79 OF SURVEYS, AT PAGE 73 IN THE OFFICE OF SAID COUNTY RECORDER ;
THENCE, ALONG THE NORTHEAST LINE OF SAID LOT 7, ALSO BEING THE SOUTHWEST RIGHT OF WAY O F
SAID FREDERICK AVENUE, NORTH 31°02'59" WEST 279 .75 FEET TO A 1-1/4 INCH IRON PIPE WITH A
BRASS TAG STAMPED L .S . 3877 AT THE NORTH CORNER OF LOT 6 IN SAID BLOCK 14, ALSO BEING TH E
MOST NORTHERLY BLOCK CORNER OF SAID BLOCK 14, AND BEING A POINT ON THE SOUTHERLY RIGH T
OF WAY OF FRANCIS AVENUE AS SHOWN ON SAID RECORD OF SURVEY MAP ;
THENCE ALONG THE NORTHEAST PROLONGATION OF THE SAID SOUTHERLY RIGHT OF WAY LINE OF
FRANCIS AVENUE NORTH 58°58'43" EAST 30 .00 FEET TO IT'S INTERSECTION WITH THE CENTERLINE O F
SAID FREDERICK AVENUE, SAID POINT BEING THE TRUE POINT OF BEGINNING ;
THENCE, ALONG THE CENTERLINE OF SAID FREDERICK AVENUE SOUTH 31°02'47" EAST 30 .03 FEET TO
THE BEGINNING OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 50 .00 FEET, AND TO
WHICH POINT A RADIAL BEARS SOUTH 05°47'14" WEST ;
THENCE, LEAVING SAID CENTERLINE, EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE O F
57°26'44" 50 .13 FEET TO THE END OF SAID CURVE, AND TO WHICH POINT A RADIAL BEAR S
SOUTH 51°39'30" EAST ;
THENCE, SOUTH 52°0129" EAST 110 .38 FEET TO THE INTERSECTION THE NORTHEAST PROLONGATIO N
OF THE NORTHWEST LINE OF SAID LOT 7, SAID NORTHWEST LINE ALSO BEING COMMON TO SAID LOT 6 ;
THENCE, ALONG SAID NORTHEAST PROLONGATION NORTH 58°57'28" EAST 5 .36 FEET TO A POINT O N
THE WESTERLY BOUNDARY LINE OF THAT PARCEL DESCRIBED IN DEED RECORDED IN BOOK 9 O F
OFFICIAL RECORDS, AT PAGE 412 IN THE OFFICE OF SAID COUNTY RECORDER, AND SHOWN ON SAI D
RECORD OF SURVEY MAP ;
THENCE, ALONG SAID WES I ERLY BOUNDARY LINE NORTH 52°01'29" WEST 174 .43 FEET TO TH E
INTERSECTION OF SAID WESTERLY BOUNDARY WITH THE NORTHEAST RIGHT OF WAY LINE OF SAI D
FREDERICK AVENUE AS SHOWN ON SAID RECORD OF SURVEY MAP ;
THENCE, ALONG SAID NORTHEAST RIGHT OF WAY LINE SOUTH 31°02'47" EAST 23 .01 FEET TO TH E
INTERSECTION OF SAID NORTHEAST RIGHT OF WAY LINE WITH SAID NORTHEAST PROLONGATION O F
SAID SOUTHERLY RIGHT OF WAY LINE OF SAID FRANCIS AVENUE ;
THENCE, ALONG SAID NORTHEAST PROLONGATION SOUTH 58°58'43" WEST 30 .00 FEET TO THE TRU E
POINT OF BEGINNING .
•
•
End of description .
1306 BROAD 87 RE 7
SAN LUIS OBISPO, CA9340 1
805-541.1663 FAX 54141664
DATE' 10-20-2011 JOB 8719-0 7
EXHIBIT E
TRACT NO . 2977
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+
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▪+ + + -F +i+ +4 + + + + + + '+4-F 4,1114 il..1 .4 44HASLO1+4 .4 +
--+„RASE-O PROPERT YDiMCATION+ +
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BLOCK 4 +
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4 4.+4 4..1 4.i +'t t 4 + 4 + + -F ++ + +-4 +4 ++++ 4 ÷ + 4 + -4 ++ 4 4 4 + +
SURPLUS PROPERT Y
HASLO PROPERTY
CITY PROPERT Y
HASLO DEDWATION
TRACT RU.
2066 16-M&-85
McMilla n
LAND SURVEYS
Attachment 4
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §118 9
State of Californi a
County o f
On It))I)ao tA before me,Iu&\\•x-..fir-c (
Date Here Insert Name and Title of the Ow e
personally appeared R.-Soc.-C.+3 • ~e(2-~,L p[c t ce thc
N e s) of Signer(s )
/Clad>rt .tier
who proved to me on the basis of satisfactory
evidence to be the personjs)- whose name(rs) is/ar e
subscribed to the within instrument and acknowledge d
to me that he/spettbey- executed the same i n
hissberkFtsir-authorized capacity(ies); and that by
his/Lteflfbeir signature(s)—on the instrument the
persor}(eror the entity upon behalf of which th e
persoa(gjacted, executed the instrument .
Commission #192865 3EVA R . HOWARD
I certify under PENALTY OF PERJURY under the
z San Luis Obispo county laws of the State of California that the foregoin g
paragraph is true and correct .
Notary Public - California
~My Comm .Expires Aprt2_2o15~
WITNESS my hand and official seal .
Place Notary Seal Above
Signature
0 TIONAL
e i • -do bolo s no required •y law, it may prove valuable to • -rsons relying on r e
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Documen t
Title or Type of Document :
Document Date :Number of Pages :
n•u .
Sign hove :
RIGHT THUMBPRINT
OF SIGNE R
Top of thumb her e
Capacity(Ies) Claimed by Signer(s )
Signer's Name :
q Corporate Officer — Title(s):
q Individual
q Partner —q Limited q Genera l
q Attorney in Fact
q Trustee
q Guardian or Conservato r
q Other :
Signer's Name :
qCorporate Officer — Ttle(s):
q Individual
q Partner —q Limited q General
qAttorney in Fac t
qTruste e
q Guardian or Conservato r
O Other:
19 2r4SrnElf t2Se11t. '
RIGHT THUMBPRIN T
OF SIGNE R
Top of thumb here
1•fle Is ttep,esen
•
•
® 2010 National Notary Association • NationalNotary-org • 1-800-US NOTARY (1-800-876-6827)Item 95907
C4-32
Attachment 4
•CALIFORNIA ALL-PURPOSE ACKNOWLEDGMEN T
~•/.A'.r..tG^••q ./'</:t~v .~C .a .~.qC tt/y .~G .~.~.V .C.CC .V
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State of Californi a
County of v l t ,_i S
On l~\t t \a ,before me,O'->,
who proved to me on the basis of satisfactor y
evidence to be the person(a)-whose name(a)'is/are-
subscribed to the within instrument and acknowledge d
to me that he/shef tt$y- executed the same i n
hisfbsMtxeir -authorized capacity(jpe); and that b y
his/Ijer1Cbeir—signatu $ on the instrument th e
persor}(5f or the entity upon behalf of which the
person($'acted, executed the instrument .
CIVIL. CODE 4 1189
Date
personally appeared e s r-i=t.''RiC .2_C
e net(,t~-kcr -Rea)
ere se d Tt f t Ofteee i r
Name(s) of Signer(s )
EVA ft . HOWAR DCommissionaf1928653 zNotary Public - California zzSan Luis Obispo CountyAComm.Expires Apr 12,2015
I certify under PENALTY OF PERJURY under th e
laws of the State of California that the foregoin g
paragraph is true and correct.
•
WITNESS myhand and official seal .
Signature :~Place Notary Seal Above Signature Notary Publi c
OPTIONA L
Though the information below is not required by law, it may prove valuable to persons relying on the documen t
and could prevent fraudulent removal and reattachment of this form to another documen t
Description of Attached Documen t
Title or Type of Document :
Document Date :Number of Pages :
Signer(s) Other Than Named Above :
Capacity(ies) Claimed by Signer(s )
Signer's Name :Signer's Name :
q Corporate Officer — Title(s):q Corporate Officer — Title(s):6
q Individual RIGHT THUrrSPRINT q Individual
OF SIGNE R
q Partner —q Limited q General Top of thumb here q Partner —q Limited q General
q Attorney in Fact q Attorney in Fact
q Trustee q Truste e
q Guardian or Conservator q Guardian or Conservato r
q Other:q Other:
Signer Is Representing :Signer Is Representing :
RIGHT THUMBPRIN T
OF SIGNE R
Top of thumb her e
•
® 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-8766527)Item A5907
C4-3 3
Attachment 5
RECORDING REQUESTED BY AN D
WHEN RECORDED RETURN TO :
City of San Luis Obisp o
City Cler k
990 Palm Stree t
San Luis Obispo, CA 9340 1
ENVIRONMENTAL INDEMNITY AGREEMEN T
THIS ENVIRONMENTAL INDEMNITY AGREEMENT is dated as o f
, 2012, and is between the City of San Luis Obispo ("City"), a municipa l
corporation and charter city, and The Housing Authority of the City of San Luis Obispo, a public agency ,
corporate and politic, ("HASLO").City and HASLO are collectively referred to herein as the 'Parties,"
and each individually as a 'Party ."
ARTICLE I.RECITALS
1 .1 HASLO owns that certain real property located at 851 and 860 Humbert Avenue . Said
HASLO property is described in Exhibit A attached hereto ("HASLO Property").City owns-that certain
real property located adjacent to the railroad right-of-way . Said City property is described ih Exhibit B
attached hereto ("City Property").HASLO was granted approval to develop HASLO lProperty per Cit y
Council Resolution No . 10066 (2009 Series) and per Architectural Review Commission (ARC) approva l
ARC 27-06 . To develop HASLO Property as approved by the City Council and the ARC, it is necessar y
for HASLO to obtain and utilize a portion of said City property ("Surplus Property") as described i n
Exhibit C attached hereto . Said City Council Resolution made findings regarding the disposition o f
Surplus Property . It was determined that City no longer has need for Surplus Property, and that th e
disposition of Surplus Property to facilitate an affordable housing development is consistent with th e
policies of the Land Use and Housing Elements of the General Plan . In exchange for obtaining Surplu s
Property pursuant to that certain "Real Property Exchange Agreement" dated .
2012,("Exchange Agreement"),HASLO will dedicate right-of-way to the City for a cul-de-sac at th e
terminus of Francis Avenue and for a future pedestrian crossing over the railroad tracks . The Francis cul -
de-sac dedication and the pedestrian crossing dedication are collectively referred to as "HASL O
Dedication"and are described in Exhibit D attached hereto . All of the above real property -describe d
above is conceptually shown in Exhibit E attached hereto .
1 .2
As a material part of the consideration for the City's agreement to enter into th e
Exchange' Agreement, City wishes to be released, held harmless and indemnified by HASLO and it s
successors and assigns, and completely protected, to the fullest extent possible under the law, from any
and all claims, liabilities and obligations associated with the physical or environmental condition of th e
Surplus Property and to have HASLO and its successors and assigns, as transferees, accept all risks ,
liabilities and financial obligations arising from or relating to the physical and environmental condition of
the Surplus Property, regardless of the nature or degree of any defect in such condition .
1 .3 After allowing HASLO a full opportunity to inspect the Surplus Property in whateve r
manner it deemed appropriate, and in order to induce the transfer of the properties, and pursuant to th e
Exchange Agreement, the Parties are executing this Environmental Indemnity Agreement ("Indemnity
Agreement") effective as of the date first set forth above .
•
C4-34
Attachment 5
1 .4
By this Indemnity Agreement, the Parties intend to insure that the City is insulated, to th e
•
fullest extent possible, from all risks, liabilities and financial obligations arising from or relating to th e
physical or environmental condition of the Surplus Property, including, but not limited to an y
contamination by Hazardous Materials, as defined below.
ARTICLE II .DEFINITION S
2 .1
For purposes of this Indemnity Agreement, the following capitalized terms shall have th e
following meanings :
2 .1 .1 The term "Environmental Expenses"shall mean all costs and expenses
reasonably incurred in response to (a) a Hazardous Release ; (b) an Environmental Claim ; or (c) the
requirements of the Environmental Laws, including but not limited to investigating, characterizing ,
responding to, removing or remediating Hazardous Materials existing or allegedly existing, in, on or ove r
the Surplus Property . By way of example, and not limitation, it includes consulting and investigatio n
fees, feasibility studies, repair, detoxification, closure or other clean-up costs, reasonable attorney's fee s
incurred (including, without limit, consultants' and attorneys' fees incurred in evaluating, reviewing an d
supervising the response, removal and remediation measures and in negotiating, litigating, satisfying o r
settling the Environmental Claims). Without limitation such costs and expenses shall be at leas t
coextensive with the types and categories of reimbursable costs and expenses and administrative overhea d
recoverable by the United States Government in cost recovery actions under the Environmental Laws,_
including CERCLA, as defined below .
2 .1 .2 - The term "Hazardous Materials" shall mean any substance or material, which ,
because of its status as a waste, or its quantity, concentration or physical or chemical characteristics, is a t
. any time now or hereafter deemed by any federal, state or local . governmental authority to pose a presen t
or potential hazard or threat to public health, welfare or the environment, or which is regulated based o n
such potentially hazardous effects . The term "hazardous materials"includes, without limitation, an y
material or substance defined as a "hazardous" or "toxic" substance or "waste,"and any pollutant or
contaminant-regulated'under the federal or California Clean Water Act, the Comprehensive .
Environmental Response, Compensation and Liability Act of 1980,as amended ("CERCLA") (42 : U.S .C .
Sections 9601 et seq .), the Resource Conservation and Recovery Act (42 U .S .C . Sections 6901 et seq .), o r
pursuant to Section 25316 et seq . of the California Health and Safety Code ; any material listed pursuant t o
Section 25 .140 et seq . of the California Health and Safety Code ; any man-made asbestos :and asbestos .
containing materials, and any petroleum, including, without limitation, crude oil or any fraction thereof,
natural gas or natural gas liquids ; or otherwise under the Environmental Laws .
2 .1 .3 The term "Hazardous Release"shall include any historic, actual or imminen t
spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching ,
dumping, storing, or disposing in, on, under or about the Surplus Property of any Hazardous Materials .
2 .1 .4 The term "City Representatives"shall mean the City of San Luis Obispo, it s
Council members, officers, employees, agents, contractors, and their respective successors and assigns .
2 .1 .5 The term "Transfer Date"shall mean the date that the City signs a grant dee d
transferring the Surplus Property to HASLO .
2 .1 .6 The term "Agency" shall mean any governmental agency having jurisdictio n
over any Hazardous Materials located in, on, above, or under the Surplus Property .
C4-35
Attachment 5
2 .1 .7 The term "Environmental Claim"shall mean (i) any claim, demand, complaint,
•
process, proceeding, penalty, or cause of action relating to a Hazardous Release or (ii) any action ,
proceeding, penalty, liability, loss, damage or cost caused by a breach of the provisions of this Indemnit y
Agreement .
2.1 .8 The term "Environmental Laws" shall mean all present and future federal, state
and local laws, regulations, ordinances, mandates, decrees or other regulation or imposition enforceabl e
by any police powers, including those of an Agency or other branch of government, as developed, create d
or amended from time to time, and whether under common law, statutes, ordinances, regulations, rules ,
administrative rules and policies, judicial or administrative orders or decrees, and all other requirement s
or impositions of any Agency relating to the protection of human health or the environment . Such term
includes, without limitation : the Comprehensive Environmental Response, Compensation and Liabilit y
Act, 42 U .S .C. Section 9601, et seq .; the Hazardous Materials Transportation Act, 49 U .S .C . Section
1801, et seq .; the Resource Conservation and Recovery Act, 42 U .S .C . Section 6901 et seq . ("RCRA");
the Toxic Substances Control Act, 15 U .S .C : Sections 2601 et seq .; the Clean Water Act, 33 U .S .C .
Sections 1251 et seq .; the California Hazardous Waste Control Act, Health and Safety Code Section s
25100 et seq .; the California Hazardous Substance Account Act, Health and Safety Code Sections 2533 0
et seq .; the California Safe Drinking Water and Toxic Enforcement Act, Health and Safety Code Section s
25249 .5 et seq.; California Health and Safety Code Sections 25280 et seq . (Underground Storage of
Hazardous Substances); the California Hazardous Waste Management Act, Health and Safety Cod e
Sections 25170 .1 et seq .; California Health and Safety Code Sections 25501 et seq . (Hazardous Material s
Response Plans and Inventory); the California Porter-Cologne Water Quality Control Act, Water Code
Sections 13000 et seq .
ARTICLE III.INDEMNITY
•
3 .1
HASLO and its successors and assigns hereby unconditionally agree at their sole cost t o
indemnify, protect and to hold City Representatives harmless from, and to defend .the City
Representatives (with counsel selected by City) against, any and all (a) Environmental Claims ; (b)
Environmental Expenses ; and (c) liabilities; losses; damages ; fines, penalties; charges, orders, judgment s
dr liens; to the extent any of the foregoing arise, directly or . indirectly; in whole or in part out of: (i)a
Hazardous Release into, through, from or upon the Surplus Property ; or (ii) any act or omission b y
HASLO in discharge of its obligations under this Indemnity Agreement, including without limit, th e
handling, investigation, treatment, storage, decontamination, rernediation, removal, transport or disposa l
. of any Hazardous Materials . HASLO's liability hereunder is absolute and does not depend on whethe r
the events described in (a), (b), or (c) resulted from any act or omission of City, or if so caused, whethe r
City's acts or omissions were legal, negligent, or within its control .
3 .2
City's rights to the indemnity and defense identified . herein, and the obligation s
undertaken by HASLO herein to provide such indemnity and defense, shall supersede all othe r
agreements between the Parties as of the Transfer Date which are inconsistent with these provisions, an d
any contrary rights that HASLO may have at common law or by statute are waived by HASLO . N o
inspection, nor any failure by HASLO to inspect the Surplus Property, nor any failure of any Party t o
exact any particular form of representation or warranty from any other Party, shall be construed t o
modify, eliminate or diminish the indemnity obligations of HASLO hereunder . Nothing in this Indemnit y
Agreement is meant to affect the rights of any third party or governmental agency to proceed against an y
Party under any federal, state or local law . Notwithstanding the foregoing, the City's right to indemnity
and defense identified herein shall not extend to any liability for an environmental condition of which th e
City had actual knowledge as of the date of the Real Property Exchange Agreement .
C4-36
Attachment 5
ARTICLE IV. CONDITION OF PROPERT Y
4 .1
HASLO acknowledges and agrees that if HASLO acquires the Surplus Property, then it i s
acquiring the Surplus Property subject to any and all deficiencies, defects and other matters referred to o r
otherwise set forth in any Reports delivered to HASLO or otherwise made available to HASLO . City
makes no representations or warranties with respect to the adequacy or accuracy of the Reports . City
shall have no liability with respect to any matters disclosed or contained in the Reports provided t o
HASLO. For purposes of this Indemnity Agreement, HASLO shall be deemed to have actual knowledg e
of the contents of the Reports, and to have pursued all reasonable further diligence that any reasonabl y
prudent person would have pursued in light of the information provided in such documents .
4 .2
HASLO acknowledges and agrees :
(i)that, prior to the Transfer Date, HASLO has thoroughly inspected the Surplus Propert y
and observed all of the legal, environmental, zoning, land use, seismic, title, survey and physica l
characteristics and conditions of the Surplus Property and has approved of all such characteristics an d
conditions and by acquiring the Surplus Property, HASLO waives any and all right or ability to make a
claim of any kind or nature against any of the City Representatives (defined herein) for any and al l
deficiencies or defects in the characteristics and conditions of the Surplus Property which would b e
disclosed by an inspection ;
(ii)to acquire the Surplus Property with any and all of such deficiencies and defects, an d
subject to all matters disclosed by City herein or in any separate writing with respect to the Surplu s
Property ;
(iii)none of the City Representatives has made any representations, warranties or provide d
any promises or assurances of any kind whatsoever : respecting the Surplus Property, its condition, its size ,
the permitted uses or the suitability of HASLO's intended use of the Surplus Property other than a s
provided in this Indemnity Agreement ;
(iv)that it is purchasing (and the City is conveying) the-Surplus Property in its presen t
condition, "AS IS", "WHERE IS" AND WITH ALL FAULTS, and that no patent or latent defect o r
deficiency in the condition of the Surplus Property whether or not known or discovered, shall affect th e
rights of City, the City Representatives, or HASLO hereunder ;r
(v)that any and all information and documents furnished to HASLO by or on behalf of Cit y
relating to the Surplus Property, including the Reports, shall be deemed furnished as a courtesy t o
HASLO and without any warranty of any kind from or on behalf of the City ;
(vi)that HASLO has performed an independent inspection and investigation of the Surplu s
Property and has also investigated and has knowledge of operative or proposed governmental laws an d
regulations including without limitation, land use laws and regulations to which the Property may b e
subject; and
(vii)that HASLO shall acquire the Surplus Property solely upon the basis of its independen t
inspection and investigation of the Surplus Property, including without limitation, (a) the quality, nature ,
habitability, merchantability, use, operation, value, marketability, adequacy or physical condition of th e
Surplus Property or any aspect or portion thereof, including, without limitation, appurtenances, access ,
landscaping, availability of utility systems, soils, geology and groundwater, or whether the Surplu s
•
Property lies within a special flood hazard area, an area of potential flooding, a very high fire hazar d
severity zone, a wildland fire area, an earthquake fault zone or a seismic hazard zone, (b) the developmen t
•
C4-37
Attachment 5
or income potential of the Surplus Property, (c) the zoning or other legal status of the Surplus Property o r
any other public or private restrictions on the use of the Surplus Property, (d) the compliance of th e
Surplus Property or its operation with any applicable codes, laws, regulations, statutes, ordinances ,
covenants, conditions and restrictions of any governmental or regulatory agency or authority or of an y
other person or entity, (e) the ability of HASLO to obtain any necessary governmental approvals, license s
or permits for HASLO' S intended use or development of the Surplus Property, (f) the presence or absenc e
of Hazardous Materials on, in, under, above or about the Surplus Property or any adjoining o r
neighboring property, or (g) the condition of title to the Surplus Property .
ARTICLE V. REPRESENTATION S
5 .1
HASLO represents and warrants to City that:
(i)HASLO is a public agency, corporate and politic created under California law dul y
formed, validly existing and in good standing under the laws of the State of California ;
(ii)this Indemnity Agreement (a) is duly authorized, executed and delivered by HASLO, (b )
does not violate any provision of any judicial order to which HASLO is a party or to which HASLO is '
subject and (c) constitutes a valid and legally binding obligation of HASLO ;
(iii)HASLO has full and complete power and authority to enter into this Indemnit y
Agreement and to perform its obligations hereunder ;
(iv)HASLO is not presently the subject of a bankruptcy, insolvency or probate proceedin g
and HASLO neither anticipates nor intends to file or cause to be filed any bankruptcy or insolvenc y
proceeding involving HASLO or HASLO's assets during the pendency of this Indemnity Agreement ;
(v)HASLO is a sophisticated property manager with substantial experience in acquirin g
assets of the same type as the Surplus Property and has such knowledge and experience in financial an d
business matters that HASLO . is capable of evaluating . the merits and risks of the Surplus Property ;
(vi)HASLO is represented by competent .. counsel ; and
(vii)HASLO and its agents have thoroughly inspected the Surplus Property, fully observe d
the characteristics and conditions of the Surplus Property, and is purchasing the Surplus Property subjec t
to the terms of this Indemnity Agreement, including without limitation, Article III . The foregoing
representations and warranties of HASLO shall survive the transfer of the Surplus Property to HASLO .
5 .2
HASLO and City each specifically acknowledge and agree that all references in thi s
Indemnity Agreement, in any of the exhibits attached hereto and in any document, certificate or statement
to be delivered by City to HASLO hereunder, to the phrases "to City's actual knowledge," or "known t o
City" (whether used in the phrase "to the actual knowledge of City," "actually known to City," "City's
knowledge," or in similar or other contexts):
(i)shall mean the actual (not constructive or imputed) personal knowledge of th e
management employees of City with knowledge of the Surplus Property (which City representatives are
limited to Mayor Jan Marx and Interim Public Works Director Carrie Mattingly ;
(ii)shall in no case mean or refer to the actual or constructive knowledge of any other Cit y
Representative ; and
C4-38
•
Attachment 5
•(iii) shall in no event or circumstance impose uponCity or any of the City Representative s
any duty or obligation to verify, inquire or make any independent inquiry or investigation of any suc h
representation, warranty or statement, or to otherwise investigate the facts or circumstances relating or
otherwise pertinent thereto .
HASLO further acknowledges and agrees that :
(i)none of the City Representatives shall be personally liable, or otherwise have an y
personal liability, under or in connection with this Indemnity Agreement, including without limitation, i n
connection with any of the representations, warranties or statements made in connection with, or pursuan t
to, this Indemnity Agreement ; and
(ii)HASLO shall have no right to rely on, and City shall have no liability with respect to, an y
representation or warranty (including any future certification or statement, actually or deemed made, as t o
representations or warranties) which HASLO actually knows to be inaccurate or untrue at any time prio r
to the Transfer Date .
Any claim ; action or proceeding brought by HASLO against the City-for any alleged misrepresentation o r
failure to disclose any material fact relating to the Surplus Property must be brought within' one year o f
the Transfer: Date or the same shall be deemed waived and of no further effect . Any such claim shall b e
limited to the recovery of direct damages .
ARTICLE VI . RELEASE S
•6 .1 HASLO hereby agrees that the City Representatives shall be, and are hereby, fully an d
forever released and discharged . from any and all liabilities, losses, claims (including third party claims),
demands, damages (of any nature . whatsoever), causes of action, costs, penalties, fines, judgments,'
attorneys' fees; consultants' fees and costs and experts' fees,. special, indirect or consequential damage s
(collectively, the "Claims"),whether:direct .or :indirect, known or unknown, foreseen or unforeseen; that
may arise on account of or in any way be connected with the Surplus Property including, withou t
limitation, the physical, environmental and seismic condition of the Surplus Property or the violation o f
any law or regulation applicable thereto, including,. without limitation, any Environmental Clai m
(regardless of when it first appeared). relating to or arising from;
(i)the presence of any Hazardous Release, or the use, presence, storage, release, discharge,
or migration of Hazardous Materials on,in,under or around the Surplus Property regardless of when suc h
Hazardous Materials were first introduced in, on or about the Surplus Property ;
(ii)any patent or latent defects or deficiencies with respect to the Surplus Property ; and
(iii)any and all matters related to the Surplus Property or any portion thereof, includin g
without limitation, the condition and/or operation of the Surplus Property and each part thereof, provided ,
however; that the City Representatives shall not be released from any claim involving intentional an d
written misrepresentation or the direct damages arising from a breach by City of this Indemnit y
Agreement .
HASLO hereby waives and agrees not to commence any action, legal proceeding, cause of action or suits
in law or equity, of whatever kind or nature, including, but not limited to, a private right of action unde r
•the federal superfund laws, 42 U .S .C . Sections 9601 et seq . and California Health and Safety Cod e
Sections 25300 et seq . (as such laws and statutes may be amended, supplemented or replaced from time t o
C4-39
Attachment 5
time), directly or indirectly, against the City Representatives or their agents in connection with the Claims
•
described above . In connection with all of the foregoing provisions of this section 6 .1, HASLO expressl y
waives the provisions of Section 1542 of the California Civil Code which provides :
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH TH E
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR A T
THE TIME OF EXECUTING THE RELEASE,WHICH IF KNOWN BY HIM
MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH 1H E
DEBTOR
and all similar provisions or rules of law . HASLO elects to and does assume all risk for such Claims
heretofore and hereafter arising, whether now known or unknown by HASLO .
HASLO hereby agrees, represents and warrants that : (i) factual matters now unknown to it may hav e
given or may hereafter give rise to Claims which are presently unknown, unanticipated and unsuspecte d
and (ii) the waivers and releases herein have been negotiated and agreed upon in light of that realizatio n
and that HASLO nevertheless hereby intends to release, discharge and acquit City from any suc h
unknown Claims.
Without limiting the foregoing, if HASLO has actual knowledge of (i) a default in : any of the covenants ,
contracts or obligations to be performed by City under this Indemnity Agreement, (ii). any breach or
inaccuracy in any representation of City made in this Indemnity Agreement, and/or (iii) any fact or othe r
matter related to the Surplus Property, HASLO shall be conclusively deemed to have waived any such
default, breach or inaccuracy and/or fact or matter, and shall have no Claim against City with respec t
thereto.
City has given HASLO material concessions regarding this transaction in exchange for HASLO's Releas e
and all other assurances and-agreements under this Section 6 .1 . City and HASLO have each initialed : thi
s Section to further indicate their awareness. and acceptance of each and every provision hereof The '•'
provisions af this Section shall survive the transfer of the Surplus Property to HASLO+and shall net b e
deemed merged into any instrument .or conveyance .
.
:ARTICLE VII . MLSCELLANEOUS
7 .1
Notices_ All notices and other communications under this Indemnity Agreement shall b e
in writing and shall be deemed tohave been duly given (a) on the date of delivery, if delivered personally-..
on the Party to whom notice is given, or if made by telecopy directed to the Party to whom notice is to b e
given at the telecopy number listed below, or (b) on receipt, if mailed to the Party to whom notice is to b e
given by first class mail, registered or certified, return receipt requested, postage prepaid and properly
addressed as follows :
To City :
City of San Luis Obisp o
990 Palm Stree t
San Luis Obispo, CA 93401-324 9
Attention : City Manage r
Facsimile: (805) 781-7109
•
C4-40
Attachment 5
with a copy to :
City Attorne y
City of San Luis Obisp o
990 Palm Street
San Luis Obispo, CA 93401-324 9
Facsimile : (805) 781-740 9
To :
HASLO
487 Leff Street
San Luis Obispo, CA 93401-324 9
Attention : Carol Hatley, Executive Directo r
7 .2
Governing Law . This Indemnity Agreement shall be governed by and construed i n
accordance with the laws of the State of California .
7 .3
Headings . The article and section headings in this Indemnity Agreement are fo r
convenience only and shall not be used in its interpretation or considered part of this Indemnit y
Agreement .
7 .4
Counterparts . This Indemnity : Agreement may be executed in any number o f
counterparts, each of which shall be deemed an original, but all of which together shall constitute one an d
the same instrument .
7 .5
Effect of Indemnity Agreement . This instrument sets forth the entire agreement betwee n
the Parties concerning its subject matter . All negotiations relative to the matters contemplated by thi s
indemnity Agreement are merged herein and there . are no other understandings or agreements relating t o
the matters and things herein set forth other than those incorporated this Indemnity Agreement . No .
provision of this Indemnity Agreement shall be altered, amended, revoked or waived except by an ;
instrument in writing signed by the Party to be charged with such amendment, revocation or waiver :
Subject to the provisions of Section 7 .14, this Indemnity Agreement shall be binding upon and shall inur e
to the benefit of the Parties hereto and their respective successors and assigns .
7 .6
Severability. If any clause or provision of this Indemnity Agreement is illegal, invalid or
unenforceable under applicable present or future laws, then it is the intention of the Parties that the
remainder of this Indemnity Agreement shall not be affected but shall remain in full force and effect .
7 .7
Payment ; Interest . All payment obligations of any Party hereunder shall be payabl e
immediately upon demand . If not paid within sixty (60) days after demand, they shall bear interest at ten
percent (10%) per annum, unless otherwise specified herein . Where the specified interest rate exceeds th e
maximum rate allowed by law, the rate shall be deemed restated at the maximum legal rate .
7.8
Survival. Unless otherwise specified in this Indemnity Agreement, the Parties hereb y
acknowledge and agree that the rights and obligations of each Party under this Indemnity Agreement shall
survive any transfer of title to any portion of the Surplus Property .
7.9
Independent Obligations. Each Party's obligations hereunder are independent of any o r
•
all of its other obligations to any other Party, and each Party may enforce any of its rights hereunde r
independently of any other right or remedy that it may at any time hold .
C4-4 1
•
Attachment 5
7 .10 No Waiver. No failure or delay on the part of any Party in exercising any right, power o r
remedy may be, or may be deemed to be, a waiver thereof ; nor shall any single or partial exercise of an y
right, power or remedy preclude the further exercise thereof Any change in the rights and remedies o f
the Parties shall be by written agreement, executed by each Party ; it shall not arise by conduct o r
implication .
7 .11
Attorney's Fees. If any dispute arises out of or pertains to this Indemnity Agreement, th e
prevailing Party shall be entitled to reasonable attorney's fees and costs as the court may determine ,
regardless of whether the matter is tried to judgment .
7 .14 Binding Nature . This Indemnity Agreement and the terms, covenants and condition s
hereof shall be binding upon and inure to the benefit of the Parties, the City Representatives, and thei r
respective successors and assigns .
7 .15 Third Party Beneficiaries . The Parties hereby expressly acknowledge and agree that thi s
Indemnity Agreement is made and entered into for the express protection and benefit of the Parties hereto ,
and those designated in this Indemnity Agreement and no other party or entity whatsoever is a third part y
beneficiary hereo f
7 .16
Jurisdiction . The Parties hereby expressly consent to, and will not contest, the exercise o f
jurisdiction by a competent court of the State of California .
7 .17 Construction . Whenever the context requires, all terms used herein in the singular shal l
be construed in the plural and vice versa, and each gender shall include each other gender .
-
7 .18 -- No Party Deemed Drafter. Each Party participated in the preparation of this Indemnit y
Agreement : personally and with the benefit of counsel . If this Indemnity
Agreement is ever construed. bya court of law or equity, such court shall not construe this .Indemnit y
Agreement or any . provision hereof more harshly against any Party by virtue of its role : as. drafter.
7 .19 .., Time is of the Essence . Each Party recognizes that time is of the essence in th e
performance of this Indemnity Agreement ...
Attachment 5
•
IN WITNESS WHEREOF, the Parties hereto have caused this Indemnity Agreement to be dul y
executed as of the date first above written .
CITY OF SAN LUIS OBISPO
HOUSING AUTHORITY OF THE CITY OF
a California municipal corporation and charter city
SAN LUIS OBISPO,
a public agency, corporate and politi c
By :
By :
Katie Lichtig
David Booke r
City Manager
Chairman
ATTEST :
Maeve Kennedy Grimes
City Clerk
APPROVED AS TO FORM :
J. Christine Dietrick
City Attorney
(All signatures must be notarized .)
C4-43
Attachment 5
Exhibit A
Legal Description of Existing HASLO Propert y
PARCEL A : (A .P .N .:004-924-012) LOTS 7, 8 AND 9 IN BLOCK 14 OF THE IMPERIAL ADDITION TO TH E
CITY OF SAN LUIS OBISPO, IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE O F
CALIFORNIA, ACCORDING TO MAP RECORDED DECEMBER 21, 1891 IN BOOK A PAGE 128 OF MAPS, I N
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY .
PARCEL B: (A .P .N .:PORTION OF 004-951-015) LOTS 13 AND 14 IN BLOCK 6 ; AND ALL OF BLOCK 13 ,
BOTH OF THE IMPERIAL ADDITION TO THE CITY OF SAN LUIS OBISPO, IN THE CITY OF SAN LUI S
OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP RECORDE D
DECEMBER 21, 1891 IN BOOK A PAGE 128 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAI D
COUNTY . ALSO ALL THAT PORTION OF BLOCK 16 OF THE IMPERIAL ADDITION TO THE Ci1Y OF SAN LUI S
OBISPO, IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA ,
ACCORDING TO MAP RECORDED DECEMBER 21, 1891 IN BOOK A PAGE 128 OF MAPS, IN THE OFFICE O F
THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS : BEGINNING AT THE POINT O F
INTERSECTION OF THE NORTHEASTERLY LINE OF FREDERICK AVENUE WITH THE SOUTHWESTERLY LIN E
OF THE PROPERTY CONVEYED TO THE SOUTHERN PACIFIC RAILROAD COMPANY BYDEED RECORDED
JANUARY 26,.1926 IN BOOK 9 PAGE 412 OF OFFICIAL RECORDS ; THENCE SOUTH 32E 14130" EAST ALON G
THE SAID NORTHEASTERLY LINE TO ITS INTERSECTION-WITH THE NORTHWESTERLY LINE OF KUANG S U
AVENUE (NOW LAWRENCE DRIVE) EXTENDED NORTHEASTERLY ; THENCE NORTHEASTERLY ALONG SAI D
EXTENSION OF KUANG SU AVENUE (NOW LAWRENCE DRIVE), 180 .00 FEET, MORE OR LESS, TO TH E
WESTERLY LINE OF THE PROPERTY SO CONVEYED TO THE SOUTHERN PACIFIC RAILROAD COMPANY ;
THENCE NORTHWESTERLY ALONG SAID WESTERLY LINE TO THE POINT OF BEGINNING .
PARCEL C : (A .P .N .:PORTION OF 004-951-015) THAT PORTION OF ABANDONED FREDERICK AVENUE ,
IN THE CITY OF SAN .LUIS OBISPO, COUNTY OF SAN .LUIS OBISPO, STATE OF CALIFORNIA ; ABANDONED -.
BY ORDER OF THE. BOARD OF SUPERVISORS OF THE : COUNTY OF SAN LUIS OBISPO, RECORDED .JULY%20 ,
1939 IN BOOK 263 PAGE 33 OF . OFFICIAL RECORDS; DESCRIBED AS FOLLOWS : BEGINNING AT TH E
POINT OF INTERSECTION OF THE NORTHWESTERLY .LINE OF KUANG SU AVENUE (NOW LAWRENC E
DRIVE) AND THE SOUTHWESTERLY LINE OF FREDERICK AVENUE ; THENCE NORTHEASTERLY ALONG'THE
NORTHEASTERLY PROLONGATION OF SAID NORTHWESTERLY LINE OF KUANG SU AVENUE (NO W
LAWRENCE DRIVE),TO THE NORTHEASTERLY LINE OF FREDERICK AVENUE ; THENCE NORTHWESTERLY
ALONG SAID NORTHEASTERLY LINE OF FREDERICK AVENUE,TO AN INTERSECTION WITH TH E
NORTHEASTERLY PROLONGATION OF THE NORTHEASTERLY LINE OF HUMBERT AVENUE ; THENCE
SOUTHERLY ALONG A STRAIGHT LINE TO THE POINT OF INTERSECTION OF TH E
SOUTHEASTERLY LINE OF HUMBERT AVENUE WITH THE SOUTHWESTERLY LINE OF FREDERICK AVENUE ;
THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE OF FREDERICK AVENUE TO THE POINT O F
BEGINNING .
PARCEL D : (A .P .N .:PORTION OF 004-951-015) THAT PORTION OF ABANDONED VICTORIA AVENUE, I N
THE CITY OF SAN LUIS OBISPO,COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ABANDONED BY _
ORDER OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN LUIS OBISPO,RECORDED JULY 20,
1939 IN BOOK 263 PAGE 33 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS :
(continued )
C4-44
•
•
Attachment 5
BEGINNING AT THE POINT OF INTERSECTION OF THE NORTHWESTERLY LINE OF KUANG SU AVENU E
(NOW LAWRENCE DRIVE) WITH THE SOUTHWESTERLY LINE OF VICTORIA AVENUE ; THENCE
•NORTHEASTERLY ALONG THE NORTHEASTERLY PROLONGATION OF SAID NORTHWESTERLY LINE O F
KUANG SU AVENUE (NOW LAWRENCE DRIVE) TO THE NORTHEASTERLY LINE OF VICTORIA AVENUE ;
THENCE NORTHWESTERLY ALONG SAID NORTHEASTERLY LINE OF VICTORIA AVENUE TO TH E
SOUTHEASTERLY LINE OF HUMBERT AVENUE ; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERL Y
LINE OF HUMBERT AVENUE PRODUCED ACROSS VICTORIA AVENUE, TO THE SOUTHWESTERLY LINE O F
SAID VICTORIA AVENUE ; THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE OF VICTORI A
AVENUE TO THE POINT OF BEGINNING .
End of description .
Attachment 5
Exhibit B
Legal Description of Existing City Propert y
(A.P .N .: 004-951-009)
PARCEL 4 OF PARCEL MAP SLO-78-154, IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUI S
OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP RECORDED FEBRUARY 5, 1981 IN BOOK 30, PAG E
20 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY .
End of description .
•
C4-46
•
Attachment 5
Exhibit C
City Surplus Propert y
BEING A PORTION OF PARCEL 4 OF PARCEL MAP NO . SLO-78-154 IN THE CITY OF SAN LUIS OBISPO,
COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA AS SHOWN ON MAP RECORDED IN BOOK 30 O F
PARCEL MAPS,AT PAGE 20 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MOR E
PARTICULARLY DESCRIBED AS FOLLOWS :
BEGINNING AT A REBAR AND PLASTIC CAP STAMPED L.S . 7318 AT THE INTERSECTION OF TH E
CENTERLINE OF FREDERICK AVENUE WITH THE NORTH RIGHT OF WAY LINE OF LAWRENCE DRIVE A S
SHOWN ON RECORD OF SURVEY RECORDED IN BOOK 79 OF SURVEYS, AT PAGE 73 IN THE OFFICE O F
SAID COUNTY RECORDER, SAID POINT ALSO BEING A POINT ON THE NORTH TRACT BOUNDARY OF
TRACT NO . 2066 AS SHOWN ON AMENDING MAP RECORDED IN BOOK 16 OF MAPS, AT PAGE 85 IN TH E
OFFICE OF SAID COUNTY RECORDE R
THENCE, ALONG SAID NORTH RIGHT-OF-WAY LINE NORTH 59°00'03" EAST 264 .23 FEET TO A 3/4 INCH
IRON PIPE WITH TAG STAMPED L.S . 5661 AT THE NORTHEAST TRACT CORNER OF SAID TRACT NO . 2066 ,
ALSO BEING THE SOUTHEAST CORNER OF SAID PARCEL 4 AS SAID CORNER IS SHOWN ON SAID RECOR D
OF SURVEY MAP, AND SHOWN ON SAID TRACT MAP, AND SHOWN ON SAID PARCEL MAP . SAID PONT
ALSO BEING THE TRUE POINT OF BEGINNING,AND THE BEGINNING OF A CURVE, CONCAV E
SOUTHWEST AND HAVING A RADIUS OF 551 .07 FEET AND TO WHICH POINT A .RADIAL BEARS NORTH
66°18'21" EAST ;
THENCE, NORTHWEST ALONG THE EAST LINE OF SAID PARCEL 4 THROUGH A CENTRAL ANGLE OF :
11°04'31" 106 .52 FEET TO A POINT TO WHICH A RADIAL BEARS NORTH 55°13'50" EAST;-
THENCE, LEAVING SAID EAST LINE NORTH 52°46'56" WEST 402 .78 FEET TO THE NORTHEAS T
PROLONGATION OF THE NORTHWEST LINE OF LOT 7 IN BLOCK 14 OF THE IMPERIAL ADDITION TO TH E
CITY OF SAN LUIS OBISPO AS SHOWN ON MAP RECORDED IN BOOK A OF MAPS,AT PAGE 128 IN TH E
OFFICE OF SAID COUNTY RECORDER. SAID NORTHWEST LINE ALSO BEING COMMON TO LOT 6 IN SAID
BLOCK 14 ;
THENCE, ALONG SAID NORTHEAST PROLONGATION SOUTH 58°57'28" WEST 25 .81 FEET TO A POINT ON
THE WEST LINE OF SAID PARCEL 4 AS SHOWN ON SAID PARCEL MAP ;
THENCE, ALONG SAID WEST LINE, ALSO BEING THE WEST LINE OF THAT PARCEL OF LAND DESCRIBED I N
DEED RECORDED IN BOOK 9 .OF OFFICIAL RECORDS, AT PAGE 412 SOUTH 52°01'29" EAST 256 .21 FEET
TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 491 .07 FEET AND TO
WHICH POINT A RADIAL BEARS NORTH 39°22'50" EAST ;
THENCE, SOUTH ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 28°33'15" 244 .73 FEET TO TH E
SOUTHWEST CORNER OF SAID PARCEL 4,TO WHICH A RADIAL BEARS NORTH 67°56'05" EAST, AS
SHOWN ON SAID PARCEL MAP AND SAID RECORD OF SURVEY MAP ;
THENCE ALONG THE SOUTH LINE OF SAID PARCEL 4, ALSO BEING THE NORTH LINE OF SAID TRACT NO .
2066, NORTH 59°00'03" EAST 57 .52 FEET TO THE TRUE POINT OF BEGINNING .
End of description .
•
Attachment 5
Exhibit D
HASLODedication
BEING A PORTION OF BLOCK 16, OF THE IMPERIAL ADDITION TO THE CITY OF SAN LUIS OBISPO ,
COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA AS SHOWN ON MAP RECORDED IN BOOK A O F
MAPS, AT PAGE 128 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND A PORTION O F
FREDERICK AVENUE BETWEEN SAID BLOCK 16 AND BLOCK 14 OF SAID IMPERIAL ADDITIO N
ABANDONED PER DOCUMENT NO :IN THE OFFICE OF SAID COUNTY RECORDER ;
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
BEGINNING AT A 1-1/4 INCH IRON PIPE WITH A BRASS TAG STAMPED L.S . 3877 AT THE MOS T
EASTERLY CORNER OF LOT 7 IN BLOCK 14 OF SAID IMPERIAL ADDITION AS SHOWN ON RECORD O F
SURVEY RECORDED IN BOOK 79 OF SURVEYS, AT PAGE 73 IN THE OFFICE OF SAID COUNTY
RECORDER;
THENCE, ALONG THE NORTHEAST LINE OF SAID LOT 7, ALSO BEING THE SOUTHWEST RIGHT OF WA Y
OF SAID FREDERICK AVENUE, NORTH 31°02'59" WEST 279 .75 FEET TO A 1-114 INCH IRON PIPE WIT H
A BRASS TAG STAMPED L .S. 3877 AT THE NORTH CORNER OF LOT 6 IN SAID BLOCK 14, ALSO BEIN G
THE MOST NORTHERLY BLOCK CORNER OF SAID BLOCK 14, AND BEING A POINT ON THE SOUTHERLY
RIGHT OF WAY OF FRANCIS AVENUE AS SHOWN ON SAID RECORD OF SURVEY MAP ;
THENCE ALONG THE NORTHEAST PROLONGATION OF THE SAID SOUTHERLY RIGHT OF WAY LINE O F
FRANCIS AVENUE NORTH 58°58'43 ." EAST 30 .00: FEET TO IT'S INTERSECTION WITH THE CENTERLIN E
OF SAID FREDERICK AVENUE, SAID POINT BEING THE TRUE POINT OF BEGINNING ;
THENCE, ALONG THE CENTERLINE OF SAID FREDERICK AVENUE SOUTH 31°02'47" EAST 30 .03 FEET T O
THE BEGINNING OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 50 .00+FEET, AND T O
WHICH POINT A RADIAL BEARS SOUTH 05°47'14" WEST ;
THENCE, LEAVING SAID CENTERLINE, EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE O F
57°26'44"50 .13 FEET TO THE END OF SAID CURVE, AND TO WHICH POINT A RADIAL BEAR S
SOUTH 51°39'30" EAST;
THENCE, SOUTH 52°01'29" EAST 110 .38 FEET TO THE INTERSECTION THE NORTHEAST .
PROLONGATION OF THE NORTHWEST . LINE OF SAID LOT 7,.SAID NORTHWEST LINE-ALSO BEIN G
COMMON TO SAID LOT 6 ;
THENCE, ALONG SAID NORTHEAST PROLONGATION NORTH 58°5728" EAST 5 .36 FEET TO A POINT O N
THE WESTERLY BOUNDARY LINE OF THAT PARCEL DESCRIBED IN'. DEED RECORDEDIN BOOK 9 O F
OFFICIAL RECORDS, AT PAGE 412 IN THE OFFICE OF SAID COUNTY RECORDER, AND SHOWN ON SAI D
RECORD OF SURVEY MAP ;
THENCE, ALONG SAID WESTERLY BOUNDARY LINE NORTH 52°0129" WEST 174 .43 FEET TO TH E
INTERSECTION OF SAID WESTERLY BOUNDARY WITH THE NORTHEAST RIGHT OF WAY LINE OF SAI D
FREDERICK AVENUE AS SHOWN ON SAID RECORD OF SURVEY MAP ;
THENCE, ALONG SAID NORTHEAST RIGHT OF WAY LINE SOUTH 31°02'47" EAST 23 .01 FEET TO THE
INTERSECTION OF SAID NORTHEAST RIGHT OF WAY LINE WITH SAID NORTHEAST PROLONGATIO N
OF SAID SOUTHERLY RIGHT OF WAY LINE OF SAID FRANCIS AVENUE ;
THENCE, ALONG SAID NORTHEAST PROLONGATION SOUTH 58°58'43" WEST 30 .00 FEET TO THE TRU E
POINT OF BEGINNING .
End of description .
•
•
•
+ M~43 WI l}../+-' + + ,k :.....~
+++A4iWR +1-40+++{..... +++ + + ++++
F -i 4-1 .1-4-i i ++
+
+ + -:+ + +I + - ++
+++-++.h-++
+-+71 -
+ +... + +a.+
SURPLUS PROPERT Y
HASLO PROPERT Y
CITY PROPERT Y
HASLO DEDICATIO N
TRACT NO .
205E /5-MB-55
SCALE: 1"slOO '
McMilla n
LAND SURVEYS
230E BROAD STREET
SAN LUIS OBISPO, CA93401
805-541.1663 PAX 541466 4
OATE.' 10.20-2011 108#419-07
EXHIBITE
TRACT Na 2977
200
rn
U
••
Attachment 6
RESOLUTION NO .
(2012 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A REAL PROPERTY EXCHANGE AGREEMENT AND AN
ENVIRONMENTAL INDEMNITY AGREEMENT WITH THE HOUSING AUTHORIT Y
OF THE CITY OF SAN LUIS OBISPO (HASLO )
WHEREAS,The City of San Luis Obispo is a charter city as defined in the Californi a
Constitution article XI, section 5 and may transfer real property as provided by City Charte r
Section 906 ; and
WHEREAS,the City Council made certain findings concerning the disposition o f
surplus property (a portion of Assessor's Parcel No . 004-951-009), as prescribed in Resolutio n
No . 10066 (2009 Series); and
WHEREAS,the City no longer has need for the surplus property, and the disposition o f
the surplus property to facilitate an affordable housing development is consistent with th e
policies of the Land Use and Housing Elements of the General Plan ; an d
WHEREAS,the surplus government land is being made available for the purpose o f
providing affordable housing pursuant to Section 54220 of the California Government Code ; and
WHEREAS,in exchange for acquisition of the surplus property, HASLO has agreed t o
dedicate easements for a future cul-de-sac at the terminus of Francis Avenue and for a futur e
pedestrian crossing over the railroad tracks ; and
WHEREAS,the Parties recognize that there is a risk that the City property bein g
transferred herein is impacted by underground soil contamination resulting from past, present, an d
future railroad operations ; and
WHEREAS,the City wishes to be released from any claims, liabilities and obligation s
associated with the physical or environmental condition of the surplus property ; an d
WHEREAS,HASLO agrees to accept all risks, liabilities and obligations arising from o r
relating to the physical and environmental condition of the surplus property .
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obisp o
as follows :
-
SECTION 1 .The Real Property Exchange Agreement is hereby approved .
SECTION 2 . The Environmental Indemnity Agreement is hereby approved .
SECTION 3 . The City Council hereby authorizes the City Manager to execute sai d
agreements on behalf of the Council of the City of San Luis Obispo .
SECTION 4 .The City Council hereby authorizes the Mayor and City staff to take actio n
necessary to carry out the intent of this resolution.
R
C4-5U
•
Resolution No .
(2012 Series)
Attachment 6
Page 2
•
Upon motion of seconded by
and on the following roll call vote :
AYES :
NOES :
ABSENT :
The foregoing resolution was adopted this day of 2012 .
Mayor Jan Marx
ATTEST :
Maeve Kennedy Grime s
City Clerk
APPROVED AS TO FORM :
J . Christine Dietrick
•
J . Christine Dietric k
City Attorney
T :\Council Agenda Reports\2012\2012-10-16\Approve Final Map Tract 2977 851 Humbert (Mattingly-Hannula -
Dostalek)\Attachment 6 - Resolution for Agreement Approval .docx
C4-51
Attachment 7
RESOLUTION NO .
(2012 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISP O
APPROVING THE FINAL MAP FOR TRACT NO . 2977 UNIT 1
(851 HUMBERT, TR 27-06 )
WHEREAS,the City Council made certain findings concerning the vesting tentativ e
map for Tract 2977, as prescribed in Resolution No . 10066 (2009 Series); and
WHEREAS,the subdivider has completed all required subdivision improvements o r
submitted surety bonds to guarantee installation of the required subdivision improvements a s
shown on the approved plans, and all fees have been received or will be received prior to ma p
recordation, as prescribed in the Subdivision Agreement ; and
WHEREAS,all conditions required per said Resolution No . 10066 (2009 Series )
applicable to Tract 2977 Unit 1 have been met prior to final recordation of the map .
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obisp o
as follows :
SECTION 1 .The final map for Tract No . 2977 Unit 1, as shown on the attached Exhibit
"A", is found to be in substantial compliance with the tentative map .
SECTION 2. The Subdivision Agreement for Tract No . 2977 Unit 1 as shown on the
attached Exhibit "B" is hereby approved .
SECTION 3 .Approval of the final map for Tract 2977 Unit 1 is hereby granted .
SECTION 4 . The Mayor and City staff are authorized to take action necessary to carry ou t
the intent of this resolution .
Upon motion of , seconded by
and on the following roll call vote :
AYES :
NOES :
ABSENT :
•
R
C4-52
•
Resolution No .
(2012 Series)
Attachment 7
Page 2
The foregoing resolution was adopted this day of 2012 .
Mayor Jan Mar x
ATTEST :
Maeve Kennedy Grime s
City Clerk
APPROVED AS TO FORM :
J . Christine Dietrick
J . Christine Dietric k
City Attorne y
T :\Council Agenda Reports\2012\2012-10-16I Approve Final Map Tract 2977 851 Humbert (Mattingly-Hannula -
Dostalek)\Attachment 7 -.Resolution for Final Map Approval .docx
•
•
C4-53
Exhibit "A"
OWNER'S STATEMENT TRACT NO.2977 UNIT 1NCME UNDERSIGNED, HEREBY STA1£ MAT NE ARE ALL PE ONNERS CF . ANOA(G RECORD /KKOERS CY .MCMWTY LYILFE5T LV AND ALL PAM/ES HAVING AN YRECORD RDE MEREST IN ME REAL PROPERTY MCUDEO MOWN ME SUBOIHAO N
ANO PRCAECT SNODN ON MIS MAP, AND MAT EACH OF DS DOES HO/EDE
CONSENT TO ME FAMC AND/O4 REC/RDA OON OF MIS MAP,
ME REAL PROPERTY DESCRIBED BELOW IS MEMGRD AS AN EASEMENT MRPUBLICPURPOSES
VICTORIA AI£A1E LANRENCE OMIE SWEET TN£ EASEMENTS BLANKETPUBLICWATFRLWE EASEMENT ACROSS LOT HE ANO THE CT.WSMUCIILW
EAEF,A/ENT ACROSS LOT 84 AS DEL/NAM ON MIS MAP.
ME REAL PROPERTY DESCRIBED BELOW IS DEDICATED AS AN EASEMENT FM
PUBLIC PLMPOSES
PUBLIC UDLITY EASEMENTS OR ME FOR PUBLIC USE AND ME RENEW OFME SEWRAL PUBLIC U71UTY COMPANIES ON/CM ARE AUTHORIZED 70 SERVEM ENO SUEOIMSION.
NE HEREBY RESERVE M DURSEL TES OUR HER£ AND ASSIGNS ME PMVA IE
ACCESS PMYATE SEVER, PRIVATE INTER,PRIVATE 01111K, ANO P,VVAR 'OR/WAGE EASE VENTS AS NOTED ON DNS MAP AS BLANKET EASEMENTS
NE MEKBY RESERVE TD WRSELVES OUR HEMS ANO ASSIGNS THE PRIVAT EACCESSTHE PRIVATE WA TER. PRIVATE SEVER, PRIVATE DRAIACE AND PUBLICUM/TY 050/EN 75 OVER AND ACROSS LOTS 45-56, & Bl-B4 AS DELMEATEO O NMS MAP,MAEVE KENNEDY GRIMM CITY CLERK DA IF
SURVEYOR'S STATEMENT
THIS MAP WAS PREPARED BY ME OR UNDER MY DIREC770V AND IS BASED UPON AFIELDMATEY IN CONFORMANCE WM THE RE'OUWE'MENIS OF ME SUODWSI/W MAPACT AND LOCAL ORDNANCE' AT ME REQUEST OR CAROL HAI(EY IN OCTLl9ER 2009,/HEREBY STATE THAT AU ME MONUMENTS ARE OF ME CHARACTER AND OCCUPY M EPOSITIONS PAICA TED OR MAT WE)'WE RE SET M THOSE POSIRM/S MIMN ONEYEAHOFME DATE O' RECY(RDAVON OF ORS MAP, AND MAT ME MONUMENTS AR EW INLL BE SOFFlDENT TD ENABLE ME SURIEY TO BE REIRACEO AND MAT RRSRNA( MAP S(/BSTANPALLY CLWNORMS TD OE CONOIOMULLY APPROVED TENTAOIEMAP,
KdM MLMIEIAN I.E. BT29
DATED:
CITYENGINEER'S STATEMENT
HOUSING AUMO4ITY OE ME CITY OF SAN LIPS OG/SPO A PUDLIC AGENCY,C RPORATE AND PO0/IC
BP AN BOWER CNA/RMAN Cl ME BAH"OA
NOTARY
STATE OF CALIFORNIA
ON BEFORE MEPERSWA(LY APPEAREDNHOPROVEDM ME ON ME BASIS OF SAPSPACTONY ENOENCE TO DE ME PERSLW(S)NHO5E NAME(5) /S/ARE SUBSCRIBED TO THE NEON INSTRUMENT AND ACNNCWEOEO
ID ME MAT N£/HE/THEY EXECUTED ME SAME IN HIS/HER/THEIR AU/HONIED
CAPACTY(NSA AND THAT BY MS/HER/MdR MONA NRE(S) OM ME INSTRUMENT M EPESON(B), OR THE ENOT'Y UPON BEHALF OP NMCH 1H£ PERSON(S) ACMV,, EXECUTEDMEINSTRUMENT.
I C£RDFY'WOER PENAL lY OF PER.KMY UNDER ME LOS OF THE STATE W CALIFORNI ATHAT THE FORM/NO PARAGRAPH IS CLUE AND CORREC T
MSMESE NY HANG
NOTARY SIONA ORE.'NOTARY NAME'
COUNT EF COWES/ON EXPIRES
SWON NUMBER
NOTAR Y
STATE OF CALIFORNIACOINTYW )SS
PERSYWALE Y APPEARED BEFORE ME
NTPo PROVED TO ME ON ME BASIS OE SAPSFACTORY EIWEWCE M BE ME PEASCN(S)/JOSE HAME(S) IS/ARE SUBSCRBEO M THE MUM INSMUNG/T AND ACKNOMIDCEO
ID A/f MAT HE/SHE/MEr EXECLIIED ME SAME /N HIS/PER/77£w AUTHORIZEDCAPACIT/PNE5),AND MAT BY 11/5MER/I7/ R SC/IA NRE(S) OW THE INSTRUMENT O W
PEREOV(SA OR ME EMOTE UPON BEHALF O F MUNCH ME PERSON(S) ACI£O EXECUTED7NE 1A/M7MM/T.
l CERPFY UNDER PENALTY OF PEPS/RE UNDER M£ LAND OP ME STATE CP CALIFORNI A
MAT THE MR5GO/NG PARAGRAPH IS TRUE AND CORRECT.
Y NANO.
NOTARY MCNAMRE -NOTARY NAME.t
COUNT OR COMMISSION EXPIRES
CCMMLSSKW NUMBER
SOILS REPOR T
A SOILS IMPORT WAS PREPARED BY CEOSOLURCNS ON 1-17-2008 NT M
B E NE FI C I A R Y STATEMENT
MISSION CONMUNIT DANK,AS BENERCAMES OF A OEM OF 7M/STRECORDEDAUGUST JL 20II AS /NSPWMENT NO 20l/-04235 2OF 1FFIGLAL RECORD S
SIGNATURE OMISSIONS
ME SIGNATURES OF M£ FCELOINNC HAVE BEEN ONITOD UNDER MEPROVISIONSW SECOOL 664!6 (J. A.O O"THE SUBONSCN MAP AC TMFR INTEREST IS SUCI MAT IT CANNOT RIPEN 1N70 A FEE PRE ANDSAID SIGNATURES ARE NOT REWIRED ST ME COVERMNC BOO K
SAN LUIS ONSPO AND SANTA MARIA RAILROAD AS EASEMENT MOLDER SFORRAILROAD ANO INCIDENTAL PURPOSES PER BOCK N OR DEEDS A TPACE I6O
UN/ON OL LW/PANY CP CALIFORNIA AS EASEMENT HOLDERS REM PIPEMMES WORMS EGRESS ANC INCIDENTAL PURPOSES PER BOOK 70 OFDEEDS AT PACE MS AND MOORED PEI ?1W-OR-259;
UNION OIL COMPANY CF CALIFORNIA AS EASEMENT HOLD RS FOR PIP EONES INGRESS EGRESS AND INCIDENTAL PURPOSES PER 194-OR-26 6
SOU REM CWNRES CAS COMPANY OF CALIFORNIA AS EASEMENTMOLDERSFOR A GAS LIVE EASEMENT PER 683-CR-14J AND 690-OR-49 9
PORT SAN MAS MAN.S>ORTAPON COMPANY AS EASEMENT HOLDERS FORRA>IR OP WAY AND INCIDENTAL PURPOSES PER 691-DP-IJ).
ME WONT OF SAN LOS OBIEPO AS EASEMENT HINDER FOR A NANCAOOVANDINCIDENTALPURPOSESEASEMENTPER DOC NO.2011-022117
SOUMERN CALIFORNIA CAS COMPANY AS EASEMENT HOLDER FOR OASLINES AND FAGRIRES PER DCC NO 1011-201195
UNP L O T TA BL E EASEMENTS
A RAILROAD EASEMENT PER BOOK N OF DEEDS PAGE 160APIPELINEEASEMENT PER BOON 70 OF OLEOS PAGE JB5A PIPELINE FASO/MT PERA CAS MOW(EASEMENT PER MO-OR-IKJA RIGHT OF WAY EASEMENT MR MT-OR- MEA OAS ONE CASEMENT PER DOCUMENT NO,1012-9ZOT95ANAWCAOOIEASEMENT PS? DOCUMENT MO 1011-0;1712
C DIANE OCSTALEK, ACIDIC ON BEHAL F OE ME CT ENMNEER OF WE MT CY SA NLUIS OBI SPO AS ALLOWED UNDER SECRON 550651)OP ME SUBDIVISION MAP AC T00HEREBY STATE' THAT / HAVE EXAMINED MS MAP, MAT ME SUBMVSION SHOW NHEREON IS .SUBSTANTIALLY WE SAME AS IT APPEARED LW ME YENTA 01£ MAP ANOANYAPPROVEDAL TRRA DON$ HEREOF ANO THAT AU PRONOUNS OF ME SUBMNSIONMAP ACT AND LOCAL ORDINANCES HAVE BEEN COMPLIED NM, ANO / AM SA7/M]E DTHAT MIS MAP /S TECHNICALLY CORRECT
MANE 905TALEK ENC/N£ERANC CLWSATANI; LS 8549 (EXPIRES /2-ll-U)
COUNTY RECORDER'S STATEMEN T
RED MIS DAY OF 20/2 ,AT M.IN BOOY_CF MAPS. AT PACE_,AT THE REQUEST OR KEITH MCMILLAN.
DOCUMENT NaPEE.
BMCOUNT'RECORDER DEPU &
THE FOLLOW/VG DOCUMENTS AFFEC77NG THE PROPERTY DENOTE D
HEREON ARE HE/NG RECORDED CONCURRENTL Y Wl77M THIS MAP:
I. COVENANTS COMO/PONS, & RESMICRONS
REC'ORDER'S MSCYAlMER:ME TABULAZION, LISRNG AND NUMBER/TUG Of ANY SEPARATE DOCUMENT SAUTHORIZED M BE RECORDED CLWWAREIOT NITH WS MAP NAVE BEENPNONOED OE THE SUBMNDER OR LOCAL AGENCY APPROVING ME MAP .THE COUNTY RECORDER MAKES NO REPRESENTS DONS REGARDING TH EACCURACY W R/E TACULAINW,LIMO , AND NW/0M C OF ANYSEPARA I£ DOCUMENTS REFERRED ID CM MIS MAP.
2306 BROAD STREETLAW LESS OD/MO CA 9N01././693 FAXS4/.IOSIDAM.0SWMI2 ./GRO POT
fA TCO ORE#4001-3343025W SHEET Ior5
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BENS A PLANNED UNIT OEYELLPS/ENT OF LOTS M9 /N BLOCK I4, LOTS IS AN D14 IN BLOW 6, AU OF BLOCK It A PORPOV BF CLOGS IG AND ABANDONE DPO 11ONS OF FREDERICK ANC NC15R/A AVENUES ALL BENS A PART OF ONEIMPERIALABMON TO THE am N.SAN LIPS COMM. CYN/NTY W SAN LUISORIS'O, STATE OF CALIFORNIA AS SHORN 0V MAP RECORDED IV 500/A OFMAPS. AT PAGE 128 IN ME OFFICE W ME LOt/NTY RECORDER OF ENO OWN 7 VALSO MCLUMNC A KWOON C£ PARLOR 4 O s PARCEL MAP SLO-lB-1S4 RN M EMT OF SAN EMS OBISPQ AS SHORN ON MAP RECORDED IN BOW JO OE FARMMAPS, AT PACE 90 M ME ORCE OF SAID COUNTY RECORDER.'.
CITY CLERK'S STATEMEN T
L MAEVE KENNEDY CRIMES CLERK OF THE CITY OF SAN LIPS 097500 HEREBY CEHM YMAT ME EOU CIL OF THE AFORESAID OT DID ON THE—DAY OF1012APPROVEME MAP M TRACT 1971 SHORN HEREON IN ACCORDANCE NM MEPROVISIONS OF THE SU /N90V-MAP ACT 'AND AGREE 1V ACCEPT ON BENALr ME—PUBLIC OL STREETS AND EASEMENTS FOR16MR/A AVENUE. LANFENCE DRIVE.PUBLICURLITYSTREETTREE, C0N51RUCRLW, AND WATER SHONA/ ON SAW MAP UPONCOMPLEDCNOFTHEIMPROVEMENTSTO ME SARSFACRLW LN ENE MTV.
DATE
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exhibi t
k'25'S)'/1 '(.1(475 M. R6
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SHEET 2 OF 5
Exhibit "A"
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or
TRACT NO . 2977 UNIT 1
BONG A PLANNED UNIT DOELD+MENT CCNSSRNG OF OD PUNNED MT LOTS NA TARE A SUwoINE/dY OR LOTS 7-91N BLOCK 14, LOTS I .S ANC 14 IN BLOCK B,ALL OFBLOCKI. A PORTION OF BLOCK I AND ABANDONED PORTIONS O F FREDERICK ANDMCTOWAAVENUESALL 81NO A PAT M RE IMPORAL AMNION TO THE OTT OF SANLUIS OBISPO COMM OF SAN LULS OROSPO, STATE OP CALIFORNIA AS SHORN ON MAPRECOROED IN BOOK A OF MAPS AT PACE /28 W THE CMTTO1 OF ME COUNTY
RECORDER OF SAID COONT1 : ALSO INCLUDING A PORPON OF PARCEL 4 O„PARCELMAPIlW78-154 W THE CITY OR SAN LUIS OBISPO AS SHORN ON MAP RECORDED IN
8001/JO OF PARCEL MANS AT PAGE 10 W THE LMYTL£ ON SAM COUNTY RECORDER .
EASEMENT NOTE:
MERE K A BLANKET PRIVATE DRAINAGE EASEMENTOVER AND ACR055 LOTS 45-54 R 81-84 LHN C0075/01 L'F ANY PUNRE 00LO/NG MO PATIORgX'RWIS PEF AP
V
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PUE DENOTES PUBLIC UP(//Y EASEMEN T57E DENOTES STREET TREESP DENOTES STIOE PROPORTIO N EASEMEN T
N 05/71025 AWWMM DENOTES IRON PIPEN DENOTES MEASUREDRADDENOTESRADIALUNO DENOTES NO OIHERWSESNFSEARCHED. NOT POUNDairDENOTESBY /NIMSLCnOISF DEVOTES SIX/ARE FEET
•DENOTES FOONO RERAN AND CAP
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AND TAO SEAM L5 5729
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TRACT NO. 205 616-MB-85
McMillan
LAND SURVEYS
DENOTES SWEET ABANDONMEN TPER DOCUMENT Na 2012-
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SEE SHEET 2 OF 5 FOR TRAC TBOUNDARY DATA; SEE SWEETS4 AND 5 FOR UNIT 1 LOI S
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TRACT NO. 2977 UNIT 1
BEONO A PLANNED UNIT DEVELOPMENT OF LOTS >-9 AN BLOCK 14. LOTS I.E ANDIIMB.QCK 6, ALL OF BLOCK 14 A PLNNON OF BLOCK 15.AND ABP/MOYEOP0RM:WS OU F8ENRIM.' AND MCTORM AI£M/ES ALL BEIM A PART OF IllsMIPLB/AL ADWRON TD BYE GTY OF SAN LO/S 09/SPO.COUNTY B'SAN LUAS06/SIR STATE 0' CAL/FORMA AS 040NN BT MAP RECORDED IN B00Y A OFMAPS AT PAGE 12B AV ME ONCE OF OIE COUNTY RECORDER OF SAO COAIMALSO INCLUDING' A PORTION OF PARCEL I OF PARCEL MAP ,AO-Te-l31 /N TH EOTT OF SAN LLYS OOMPH AS SMOON ON MM RECORDED M BOOR J0 OF PARCELMAPS AT PACE 20 AV TBE OWE O"SAND COUNTY RECORDER .
HATCHLEGEND
LEGEND
RI DENOTES RECORD PER A-MB-126 R2DENOTES RECORD PER 79-LS-7J R JDENOTESRECORD PER JO-PM-20 RIDENOTES RECORD PER 16-MB-ESR3 DEN0IE5 RECORD PER 78..LS-72RE OENOIES RECORD PER JB-LS-1 WR7 C/NOSES' RECORD PER 6I-LS-1 5RB DENOTES RECORD PER DOG NO. 20/2R9 DENOTES RECORD PER 72-LS-5e
0EN0TES OV'FER OF OEMCAMM//CW DOCUMENT NO. 2012-
DENOTES PRIM IF ACCES SPRNAIESETTER. PRIVATE WATER.PRIVATE ORAMAGE ANO PUBLICUTN.ITY EASEMENT S
ME OENDIES PUBIC UnuTY EASEMENTSTE DENOTES STREET TREE EASEMEN TSP DENOIE5 MIGLE PROV ..1RM'PO DENOTES FOWMOlP DENOTES TRW PIPEH0ENOlESMEASUREDRAO OENOIES RABALLINO DENOTES UNLESS NOTED 0MERMSE.SIF DENOTES SEARCNEA NOT FOUN DSP O'N07E5 SO/ARE BES T
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McMillan
LAND SURVEYS
60010 zD 400
SCALE: I'-20'
Exhibit "A"
TRACT NO. 2977 UNIT 1
BEING AR AM ED UNIT DEVELOPMENT OF LOTS T-9 IN BLOCK M . LOIS I3, AND14 /N BLOW S ALL OF BLOCK IS A PORTION OR BLOCK 16, AND APANDONEOPORPON'OF FRECER/CE AND NDTORM AKNUES ALL BEING A PART OF NEIMPERIAL ADDITION IV ME CITY OF SAN LUIS OaSPO, COUNTY OF SAN LU/S06/565 SIAM OF CAU/APMA AS WOW ON MAP RECORDED IN BOO' A OFMAPS AT PAGE 128 IN 71W 0777CE OF B/E COUNT/RECCNOLR OF SAID COW/TVALSO /MCLNNNG A PORTION OF PARCEL 4 OF PARCEL MAP SLO-76-154 IN MEC/TV OF SAN LUIS 0015P0,AS 5N0RN ON MAP RELY/70N IN ROOK J0 OF PARCELMAPS AT PAGE 10 /N MC OFFICE OF SAID COUNTY RECORDER.
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SIE PER Rl/S MAP (TrR'0AL)
POE PER 7 MS MAP (TMICAL)
MERE IS A BLANKET PRIVATE ACCES SPR/VAT SERER PR/VA'' WATER, PU&l CWATER. PUBLIC URL/TY,PRIVATE' UIIL/TYAND PRIVATE 0RA/NAOE EASEMENT OVERAND ACROSS ALL OP LOT Bl PERMIS MAP .
HATCH LEGEND
DENOTES PR/YALE ACCES SPRIVATE SEWER,, PR/YAM WAIFA,PRIVATE DRAINAGE,AN0 PUBLICUTILITY EASEMENTS', (SEE WELT 4PGR &MENACNS,)
76'14'E
LEGEND
R/ RENO7ESRECORD PER A-M9-128 R2DENOTES RECORD .PER 79-LS-2J R J
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5
Attachment 7
Exhibit B
•SUBDIVISION AGREEMEN T
THIS AGREEMENT is dated this day of 201 by an d
between MOYLAN TERRACE, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY ,
herein referred to as "Subdivider," and the CITY OF SAN LUIS OBISPO, herein referred t o
as the "City."
RECITALS
REFERENCE IS HEREBY MADE to that certain proposed subdivision of rea l
property in the City of San Luis Obispo, County of San Luis Obispo, State of California,a
description of which is shown on the Final Map of Tract 2977 Unit 1, City of San Lui s
Obispo, California, as approved by the City Council on the day of
20 1
•The Subdivider desires that said Tract 2977 Unit 1 be accepted and approved as a
Final Map pursuant to the Subdivision Regulations of the City of San Luis Obispo (Title 1 6
of the San Luis Obispo Municipal Code), an d
It is a condition of said regulations that the Subdivider agree to install th e
improvements as set forth on the plans therefore .-
TERMS AND CONDITIONS :
In consideration of the foregoing, the Subdivider does hereby agree to construc t
and install the following subdivision improvements in accordance with said subdivisio n
regulations, and in accordance with approved plans and specifications on file in the offic e
of the City Engineer, City of San Luis Obispo, to wit :
1.CURB, GUTTERS AND SIDEWALKS
2.STREET BASE AND SURFACING
1
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Attachment 7
Exhibit B
3.WATER MAINS and SEWER MAINS, including sewer laterals to the property lin e
and water services to the curb stop .
4.LANDSCAPIN G
5.DRAINAGE STRUCTURE S
6.STREET LIGHT S
7.ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION : In addition to th e
inspection and approval of such facilities by the City, each public utility shall b e
required to file a letter stating that the developer has properly installed all facilities t o
be provided by him, and that the said utility is prepared to provide service t o
residents upon request .
8.ANY &ALL OTHER IMPROVEMENTS shown on plans or required by projec t
approvals .
All of the above facilities shall be installed in the locations designated and to the plans an d
specifications on file and approved by said City .
The lines and grades for all of said improvements shall be established by th e
Subdivider in accordance with said approved plans and specifications .
The Subdivider agrees that the work of installing the above improvements shal l
begin within thirty (30) days from the date of recording of the final map, and that the wor k
shall be completed within twelve (12) months of said recording date, unless an extensio n
has been granted by the City, provided that if completion of said work is delayed by acts o f
God or labor disputes resulting in strike action, the Subdivider shall have an additiona l
period of time equivalent to such period of delay in which to complete such work . An y
extension of time hereunder shall not operate to release the surety on the Improvemen t
Security filed pursuant to this agreement . In this connection, the surety waives th e
provisions of Section 2819 of the Civil Code of the State of California .
2
•
•
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Attachment 7
Exhibit B
No building permits will be issued nor occupancy granted after the expiration dat e
of the agreement until completion and acceptance of all public improvements unles s
specifically approved by the City .
The Subdivider does also agree to comply with the conditions established by th e
Planning Commission and/or the City Council and has paid the necessary fees a s
indicated on the attached Exhibits 1 and 2 .
The restoration of lost section corners and retracement of section lines within th e
Subdivision shall be in accordance with Article 5, paragraph 8771 et seq ., of th e
Professional Land Surveyors Act, Chapter 15 of the Business and Professions Code of th e
State of California .
The Subdivider attaches hereto, as an integral part hereof, and as security for th e
•performance of this agreement, an instrument of credit or bond approved by and in favo r
of the City of San Luis Obispo, and conditional upon the faithful performance of thi s
agreement . Said instrument of credit or bond is in the amount of $3,387,491,whic h
exceeds the estimated cost of said improvements because the Subdivider required it s
contractor to provide a surety to Subdivider in that amount, and the City was named a dua l
obligee on said surety . The estimated costs of said improvements for Tract 2977 Unit 1 i s
$1,457,400 .
Subdivider agrees to remedy any defects in the improvements arising from fault y
workmanship or materials or defective construction of said improvements occurring withi n
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 an d
acceptance of the work, City will release all but 10% of the improvement security, tha t
3
C4-61
Attachment 7
Exhibit B
amount being deemed sufficient to guarantee faithful performance by the Subdivider of hi s
obligation to remedy any defects in the improvements arising within a period of one yea r
following the completion and acceptance thereof .
Completion of the work shall be deemed to have occurred on the date which th e
City Council shall, by resolution duly passed and adopted, accept said improvement s
according to said plans and specifications, and any approved modifications thereto .
Neither periodic nor progress inspections or approvals shall bind the City to accept sai d
improvements or waive any defects in the same or any breach of this agreement .
"AS-BUILT" record drawings are to be submitted within four weeks of completion o f
construction and prior to City acceptance of the public improvements .
If the Subdivider fails to complete the work within the prescribed time, th e
Subdivider agrees that City may, at its option, declare the instrument of credit or bon d
which has been posted by Subdivider to guarantee faithful performance, forfeited an d
utilize the proceeds to complete said improvements, or city may complete sai d
improvements and recover the full cost and expense thereof from the Subdivider or hi s
surety .
The Subdivider has deposited with the City a labor and materials surety in th e
amount of $3,387,491,which exceeds the 50% to 100% range required by the City's
Municipal Code for the estimated cost of said improvements because the Subdivide r
required its contractor to provide a surety to Subdivider in that amount, and the City wa s
named a dual obligee on said surety .
4
•
•
C4-62
•
•
Attachment 7
Exhibit B
Said Subdivider shall pay an inspection fee for City to inspect the installation of sai d
subdivision improvements, and to verify that they have been completed in accordance wit h
the plans and specifications .
Title 16 of the San Luis Obispo Municipal Code, entitled "Subdivision," all plans an d
specifications on file with said City as a part of said Subdivision Map, and all othe r
documents filed with the City by the Subdivider and approved by the City are hereb y
referred to for further particulars in interpreting and defining the obligations of th e
Subdivider under this agreement .
Pursuant to Government Code Section 66474 .9(b), the subdivider shall defend ,
indemnify and hold harmless the City and/or its agents, officers and employees from an y
claim, action or proceeding against the City and/or its agents, officers or employees t o
attack, set aside, void or annul, the approval by the City of this subdivision, and all action s
relating thereto, including but not limited to environmental review ("Indemnified Claims").
The City shall promptly notify the subdivider of any Indemnified Claim upon bein g
presented with the Indemnified Claim and City shall fully cooperate in the defense against
an Indemnified Claim .
It is understood and agreed by and between the Subdivider and the City hereto tha t
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 contrac t
unit prices and total bid prices for all of the improvements herein referred to .
5
C4-63
Attachment 7
Exhibit B •
IN WITNESS WHEREOF, this agreement has been executed by :
CITY OF SAN LUIS OBISP O
MAYOR Jan Marx
SUBDIVIDE R
Moylan Terrace, LLC ,
a California limited liability compan y
By : Housing Authority of the City of San Luis Obispo ,
a public agency corporate and politic, Manage r
By : Da ooker, Chairman of the Boar d
ATTEST :
CITY CLERK Maeve Kennedy Grimes
APPROVED AS TO FORM :
CITY ATTORNEY Christine Dietrick
•
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•
Attachment 7
Exhibit B
EXHIBIT1
TRACT 2977 UNIT 1
SUBDIVISION AGREEMEN T
1.The Subdivider has deposited a monumentation guarantee in the amount of $3,300 to cove r
the installation of survey monuments in accordance with the approved map and payment fo r
same . Said guarantee will be released to the Subdivider upon receipt by the City of a lette r
from the Engineer indicating that they have completed the work and have been paid .
2.Park-in-lieu fees have been paid, as listed in the attached EXHIBIT 2 .
3.Water and sewer impact fees shall be paid at time of building permits through th e
Community Development Department per the fee schedule in effect at that time .
4.Transportation impact fees shall be paid at time of building permits through the Communit y
Development Department per the fee schedule in effect at that time .
5.The subdivider shall comply with all requirements of Council Resolution No . 1006 6
(2009 Series) approving the tentative map .
•
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7
Attachment 7
Exhibit B •
EXHIBIT2
TRACT 2977 UNIT 1- FEE AND BOND LIST
Amount
Form
Date Receive d
Bonds and Guarantees :_
Total Faithful Performance $3,387,491 Dual Obligee Rider o n
bond
10/05/1 1
Labor & Materials $3,387,491 Dual Obligee Rider o n
bond
10/05/1 1
Monument Guarantee $3,300 CD 10/5/1 2
Fees :
Map Check Deposit
Partial Payment
Remaining Paymen t
Total Map Check Fee
$7,33 5
$93 4
$1578
Check
Check
Check
05/20/1 0
03/31/1 1
10/5/1 2
$9,84 7
Plan Check Fee $4,961 Check 03/31/1 1
Improvement Plan Inspection Deposit '
Remaining Paymen t
Total Inspection Fee
$3,30 8
$90 710
Check
Check
03/31/1 1
10/05/1 1
$94,01 8
Fair Share Traffic Mitigation Amount $5,836 Check 10/5/1 2
Park In-Lieu Fee'$22,095 Check 10/5/1 2
Water Impact Fee 'To be collected
with building
permi t
Wastewater Impact Fee'To be collected
with building
permi t
Transportation Impact Fee'To be collected
with building
permit
•
i All Impact Fees are adjusted annually (July 1)based on CPI . Credit given for demolished units and affordable housing units tha t
exceed requirements .
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