HomeMy WebLinkAboutD-1557 076-352-053 - 191 Tank Farm Road Recorded 04/08/1997•
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO.
City of San Luis Obispo
City- Clerk's_Cffice
Doc No: 1997-0108
Official Records
San Luis Obispo Co.
Julie L. Rodewald
Recorder
Apr 08, 1997
T.i me : 09:53
Rec No: 00022624'
;NF 0.00
990 Palm Street i
San Luis Obispo, CA 93401 -3249 _ _ 71 ; TOTAL _ 0.00
APN: 076 - 352 -053
PRE - ANNEXATION AGREEMENT BY AND BETWEEN
THE CITY OF SAN LUIS OBISPO AND
SPICE HUNTER
This annexation agreement is made and entered into this T day of 2/G
1997, by and between the City of San Luis Obispo, a chartered municipal corporation,
(hereinafter referred to as "CITY ") whose address is 990 Palm Street, San Luis Obispo,
California 93401; and SH Investments, LLC., located at 254 Granada Drive, San Luis Obispo,
California (hereinafter referred to as "OWNER "), pursuant to the authority of the City Charter
and Section 56000, et. seq., of the California Government Code. CITY and OWNER shall
hereinafter be referred to collectively as "PARTIES."
RECITALS
WHEREAS, SH Investments, LLC., is the owner in fee of certain real property in the County of
San Luis Obispo, commonly known as 191 Tank Farm Road, APN # 076- 352 -053, further
described in the attached Exhibit A and referred to herein as the "subject property"; and
WHEREAS, the subject property is proposed for annexation to the City of San Luis Obispo (City
File No. 154 -96): and
WHEREAS, to provide for the City's orderly growth and development, consistent with the
General Plan, the PARTIES anticipate that the subject property. will be annexed to the City
pursuant to terms and procedures of the California Government Code 56000 et seq.;
WHEREAS, the specific plan and area wide planning and infrastructure fees set forth in Section
2 of this agreement apply only to the Spice Hunter portion of the annexation, with fees relative to
the Sonic Cable property to be applied based upon the fees in effect at the time of future site
development;
NOW THEREFORE, in consideration of the mutual promises, covenants and agreements stated
herein, PARTIES agree as follows:
1. URBAN SERVICES. Upon annexation the property shall be entitled to the full range of
City services, including but not limited to water and sewer services, police and fire protection,
and general government services, some of which are described below in more detail:
D /S S7
,f ,.
Pre - annexation Agreement: SpiMMunter •
Page 2
Water Service. CITY agrees to provide water service as available for fire fighting and domestic
purposes to the subject property upon request of OWNER, subject to the same laws, rules,
regulations, and fees applicable to other new users in the City under similar circumstances,
including but not limited to retrofit requirements. Any connection to the City water main in
Suburban Road will require reimbursement. Use of on -site ground water or other sources for
potable or non - potable uses may continue, provided they continue to meet County Health
Department standards. In the event of abandonment or failure of well(s), OWNER shall comply
with applicable State and County regulations regarding well abandonment. Non - potable water
may be used for landscape irrigation.
Sewer Service. City agrees to provide sanitary sewer service, as available, to the subject property
upon request of the OWNER subject to the same laws, rules,. regulations, and fees applicable to
other new users in the City under similar circumstances.
Fire Protection. City agrees to provide fire protection service, as available, to the subject
property upon request of the OWNER subject to the same laws, rules, regulations, and fees
applicable to other new users in the City under similar circumstances.
2. SPECIFIC PLAN AND AREAWIDE PLANNING AND INFRASTRUCTURE FEES.
Airport Area Specific Plan and Infrastructure Fee. This.$15,237.00 per acre fee (interim fee)
is the estimated apportioned cost of area -wide planning and construction of infrastructure within
the Airport Annexation Area (including specific plan preparation, water and sewer system
improvements, circulation system improvements, and storm drain system improvements).
Owner hereby agrees to contribute $107,293.00, based upon the size of OWNER'S lot - 7 acres.
Such payment shall be paid in full, or secured by a letter of credit, prior to final Council action
on the Spice Hunter / Sonic Annexation, and said letter of credit shall be in effect for a period not
less than 5 years from the date of completion for that annexation. OWNER may elect to pay this
fee at any time within the five year period and retire the letter of credit.
Within the next eighteen to thirty months (but not later than five years), the City expects to adopt
a finalized specific plan and infrastructure improvement fee (Finalized Fee), form an assessment
district or similar funding mechanism (District), or implement some combination of these two
approaches, in order to finance these planning and improvement costs.
In the event that the Interim Fee is paid in full prior to the adoption of a Finalized Fee or the
formation of a District, all obligations under any such future Finalized Fee or District will have
been fully satisfied by payment in full of this Interim Fee amount.
If the owner chooses not to pay the Interim Fee prior to the adoption of a Finalized Fee, payment
in full of the Finalized Fee amount adopted as it applies to this project will be required at that
time, and the letter of credit will be retired. In the event that a District approach is adopted by
the City in funding the airport area specific plan and infrastructure improvements instead of (or
in combination with) a Finalized Fee, SH Investments and its successors agree to support the
formation of such a District.
Pre - annexation Agreement: SpiOunter
Page 3
3. OPEN SPACE. This $2,500.00 per acre fee is the apportioned cost for acquisition of an
open space buffer to the south of the Airport Area as required by the General Plan. OWNER
agrees to contribute $17,500.00, based upon OWNER'S lot size of 7 acres, prior to final Council
action on the Spice Hunter / Sonic Annexation.
4. COMPLIANCE WITH CITY STANDARDS. Once annexed the property will be subject
to the same rules, regulations, laws, and fees that would be applied to other properties in the City
under similar circumstances including, but not limited to Building Code, Fire Code, Zoning
Regulations, environmental regulations (California Environmental Quality Act), fees, and other
provisions of the Municipal Code and State laws.
5. PROPERTY IMPROVEMENTS. At the time of future development or redevelopment, it
shall be the responsibility of the OWNER to install and/or pay for improvements and fees which
may be required by permit, law, rule, regulation, or mitigation, unless otherwise specified in an
adopted Airport Area Specific Plan and the certified environmental review document for that
specific plan.
6. TERM OF AGREEMENT. The term of this agreement shall begin upon the effective date
of the annexation. The agreement shall remain in effect until modified or terminated by mutual
consent of the PARTIES. In the event the annexation shall not become effective for any reason
whatsoever, this agreement shall terminate and have no force and effect, as if it had never been
entered into by the PARTIES.
7. SUCCESSORS, HEIRS, AND ASSIGNS. This agreement shall be recorded with the
County Recorder and shall bind and inure to the benefit of the heirs, assigns, and personal
representatives of the PARTIES.
8. AMENDMENTS, TIME EXTENSION OR CANCELLATION. This agreement may be
amended, extended, or canceled at any time by mutual consent of the PARTIES or their
successors in interest.
IN WITNESS WHEREOF, this agreement is executed on the date above stated at San Luis
Obispo, California.
ALL SIGNATURES MUST BE NOTARIZED
OWNER
BY:
V
CITY OF SAN LUIS OBISPO, A Chartered Municipal Corporation
Pre- annexation Agreement: SpiOunter
Page 4
BY:
Mayor Allen Settle
ATTEST:
City Vferk Bonnie
APPROVED AS TO FORM:
STATE OF CALIFORNIA
ss
COUNTY OF SAN LUIS OBISPO
•
On March 29, 1997, before me, a Notary Public for the State of
California, personally appeared LUCIA CLEVELAND personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person whose
name is subscribed to the within instrument and acknowledged to me that she
executed the same in her authorized capacity, and that by her signature on the
instrument she, or the entity upon behalf of which she acted, executed the
instrument.
WITNESS my hand and official seal.
KAREN WOODLING
r7g °• KAREN WOODIING Notary Public
Comm. # 1129102 ray
�A NOTARY PUBLIC•CALIFORNIA r
N ' San Luis Obispo County My commission expires: March 9, 2001
My Comm. Expires March 9, 2001
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SUBSCRIBING - WITNESS CERTIFICATE ( "WITNESS JU
State of e-le"
County of
On g2-p -4 1 -3, 1 '7`77 , before me, the undersigned Notary Public, personally appeared
Date
--- �/�''� / i?prrsonally known to me -
ame of Subscribing Witness
GeRWA4FFR&4i@H-@f - -, who is poisonally-kinum tor. to be the person
Name of Credible Witness Who Identifies Subscribing Witness
Z. � CINDY PILG
Commis� # 1091390
-+la Notary Pub4c — CalUornlo
San Luis Obispo County
My Comm. Expires Mar 14 200
whose name is subscribed to the within instrument as a
witness thereto, who, being by me duly sworn, deposes
and says that YVED was present and saw
Z24la-� -- ��"`�l� , the same person
Name of Absent Principal Signer
described in and whose name is subscribed to the within
instrument in 1�sy i* authorized capacity0s) as a parry
thereto, execute and deliver the same, and that said
affiant subscribed Vkfie name to the within
instrument as a witness at the request of
Gil /.=4n
Name of Principal Signer (Again)
WITNESS my hand and official seal.
OPTIONAL
a
Signature of Notary Public
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: �� �,/ °7-7 Number of Pages:
Signer(s) Other Than Named Above: t- c- ��a- -�-1�� .�•- ��i��o- --�°�-
Capacity Claimed by Principal Signer
❑ Individual
❑ Corporate Officer —Title(s): _
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
& - Other: nn!!! yem— o-F' -g-L,-�, L..e�_-s
Absent Signer (Principal) Is Representing: y e -147
®1995 National Notary Association • 6236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184
END OF DOCUMENT
Prod. No. 5908
RIGHT THUMBPRINT 0
SUBSCRIBING WITNESS
Reorder: Call Toll -Free 1 -800- 876 -6827
" - �!
L-J
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:.
City of San Luis Obispo
',City- Clerk'sloffice
990 Palm Street
San Luis Obispo, CA 93401 -3249
Doc No: 1997 -01 i*8
Official Records
San Luis Obispo Co.
Julie L. Rodewald
Recorder
Apr 08, 1997
Time: 09:53
71
Rec No: 00022624
NF
TOTAL
0.00
I
0.00
APN: 076- 352 -053
PRE - ANNEXATION AGREEMENT BY AND BETWEEN
THE CITY OF SAN LUIS OBISPO AND
SPICE HUNTER
This annexation agreement is made and entered into this T day of /L /G ,
1997, by and between the City of San Luis Obispo, a chartered municipal corporation,
(hereinafter referred to as "CITY ") whose address is 990 Palm Street, San Luis Obispo,
California 93401; and SH Investments, LLC., located at 254 Granada Drive, San Luis Obispo,
California (hereinafter referred to as "OWNER "), pursuant to the authority of the City Charter
and Section 56000, et. seq., of the California Government Code. CITY and OWNER shall
hereinafter be referred to collectively as "PARTIES."
RECITALS
WHEREAS, SH Investments, LLC., is the owner in fee of certain real property in the County of
San Luis Obispo, commonly known as 191 Tank Farm Road, APN # 076- 352 -053, further
described in the attached Exhibit A and referred to herein as the "subject property "; and
WHEREAS, the subject property is proposed for annexation to the City of San Luis Obispo (City
File No. 154 -96): and
WHEREAS, to provide for the City's orderly growth and development, consistent with the
General Plan, the PARTIES anticipate that the subject property_ will be annexed to the City
pursuant to terms and procedures of the California Government Code 56000 et seq.;
WHEREAS, the specific plan and area wide planning and infrastructure fees set forth in Section
2 of this agreement apply only to the Spice Hunter portion of the annexation, with fees relative to
the Sonic Cable property to be applied based upon the fees in effect at the time of future site
development;
NOW THEREFORE, in consideration of the mutual promises, covenants and agreements stated
herein, PARTIES agree as follows:
1. URBAN SERVICES. Upon annexation the property shall be entitled to the full range of
City services, including but not limited to water and sewer services, police and fire protection,
and general government services, some of which are described below in more detail:
p /SS7
4 ,.
Pre - annexation Agreement: SpiOunter •
Page 2
Water Service. CITY agrees to provide water service as available for fire fighting and domestic
purposes to the subject property upon request. of OWNER, subject to the same laws, rules,
regulations, and fees applicable to other new users in the City under similar circumstances,
including but not limited to retrofit requirements. Any connection to the City water main in
Suburban Road will require reimbursement. Use of on -site ground water or other sources for
potable or non - potable uses may continue, provided they continue to meet County Health
Department standards. In the event of abandonment or failure of well(s), OWNER shall comply
with applicable State and County regulations regarding well abandonment. Non - potable water
may be used for landscape irrigation.
Sewer Service. City agrees to provide sanitary sewer service, as available, to the subject property
upon request of the OWNER subject to the same laws, rules, regulations, and fees applicable to
other new users in the City under similar circumstances.
Fire Protection. City agrees to provide fire protection service, as available, to the subject
property upon request of the OWNER subject to the same laws, rules, regulations, and fees
applicable to other new users in the City under similar circumstances.
2. SPECIFIC PLAN AND AREAWIDE PLANNING AND INFRASTRUCTURE FEES.
Airport Area Specific Plan and Infrastructure Fee. This.$15,237.00 per acre fee (interim fee)
is the estimated apportioned cost of area -wide planning and construction of infrastructure within
the Airport Annexation Area (including specific plan preparation, water and sewer system
improvements, circulation system improvements, and storm drain system improvements).
Owner hereby agrees to contribute $107,293.00, based upon the size of OWNER'S lot - 7 acres.
Such payment shall be paid in full, or secured by a letter of credit, prior to final Council action
on the Spice Hunter / Sonic Annexation, and said letter of credit shall be in effect for a period not
less than 5 years from the date of completion for that annexation. OWNER may elect to pay this
fee at any time within the five year period and retire the letter of credit.
Within the next eighteen to thirty months (but not later than five years), the City expects to adopt
a finalized specific plan and infrastructure improvement fee (Finalized Fee), form an assessment
district or similar funding mechanism (District), or implement some combination of these two
approaches, in order to finance these planning and improvement costs.
In the event that the Interim Fee is paid in full prior to the adoption of a Finalized Fee or the
formation of a District, all obligations under any such future Finalized Fee or District will have
been fully satisfied by payment in full of this Interim Fee amount.
If the owner chooses not to pay the Interim Fee prior to the adoption of a Finalized Fee, payment
in full of the Finalized Fee amount adopted as it applies to this project will be required at that
time, and the letter of credit will be retired. In the event that a District approach is adopted by
the City in funding the airport area specific plan and infrastructure improvements instead of (or
in combination with) a Finalized Fee, SH Investments and its successors agree to support the
formation of such a District.
Pre - annexation Agreement: Spiounter
Page 3
3. OPEN SPACE. This $2,500.00 per acre fee is the apportioned cost for acquisition of an
open space buffer to the south of the Airport Area as required by the General Plan. OWNER
agrees to contribute $17,500.00, based upon OWNER'S lot size of 7 acres, prior to final Council
action on the Spice Hunter / Sonic Annexation.
4. COMPLIANCE WITH CITY STANDARDS. Once annexed the property will be subject
to the same rules, regulations, laws, and fees that would be applied to other properties in the City
under similar circumstances including, but not limited to Building Code, Fire Code, Zoning
Regulations, environmental regulations (California Environmental Quality Act), fees, and other
provisions of the Municipal Code and State laws.
5. PROPERTY IMPROVEMENTS. At the time of future development or redevelopment, it
shall be the responsibility of the OWNER to install and/or pay for improvements and fees which
may be required by permit, law, rule, regulation, or mitigation, unless otherwise specified in an
adopted Airport Area Specific Plan and the certified environmental review document for that
specific plan.
6. TERM OF AGREEMENT. The term of this agreement shall begin upon the effective date
of the annexation. The agreement shall remain in effect until modified or terminated by mutual
consent of the PARTIES. In the event the annexation shall not become effective for any reason
whatsoever, this agreement shall terminate and have no force and effect, as if it had never been
entered into by the PARTIES.
7. SUCCESSORS, HEIRS, AND ASSIGNS. This agreement shall be recorded with the
County Recorder and shall bind and inure to the benefit of the heirs, assigns, and personal .
representatives of the PARTIES.
8. AMENDMENTS, TIME EXTENSION OR CANCELLATION. This agreement may be
amended, extended, or canceled at any time by mutual consent of the PARTIES or their
successors in interest.
IN WITNESS WHEREOF, this agreement is executed on the date above stated at San- Luis
Obispo, California.
ALL SIGNATURES MUST BE NOTARIZED
OWNER
BY:
CITY OF SAN LUIS OBISPO, A Chartered Municipal Corporation
CITY OF SAN LUIS OBISPO, A Chartered Municipal Corporation
Pre - annexation Agreement: Spiounter •
Page 4
BY:
Mayor Allen Settle
ATTEST:
City glerk Bonnie
APPROVED AS TO FORM:
STATE OF CALIFORNIA
ss
COUNTY OF SAN LUIS OBISPO
On March 29, 1997, before me, a Notary Public for the State of
California, personally appeared LUCIA CLEVELAND personally Down to me (or
proved to me on the basis of satisfactory evidence) to be the person whose
name is subscribed to the within instrument and acknowledged to me that she
executed the same in her authorized capacity, and that by her signature on the
instrument she, or the entity upon behalf of which she acted, executed the
instrument.
WITNESS my hand and official seal.
KAREN WOODLING
KAREN WOODLING Notary Public
_
JaMNOT Comm. # 112 9102
AAY PUBIIC CALIFORNIA My commission expires• March 9, 2001
San Luis Obispo County
y Comm. Expires March 9, 2001
•
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SUBSCRIBING - WITNESS CERTIFICATE ( "WITNESS .lUR "
State of L" 10-4 i
County of -� -+-� A_d_ j8 aj=a�
On 424=0--i 1 -3, 1'79'7 , before me, the undersigned Notary Public, personally appeared
Date
i?Wrsonally known to me -
ame of Subscribing Witness
to be the person
Name of Credible Witness Who Identifies Subscribing Witness
CINDY PILG
Commission # 1091390
@MVN ot ary Public — Calaornlo San Luis Obispo County Comm. Expires Mar 17, 2000
whose_name is subscribed to the within instrument as a
witness thereto, who, being by me duly sworn, deposes
and says that AED was present and saw
4T4le—� the same person
Name of Absent Principal Signer
described in and whose name is subscribed to the within
instrument in(ow authorized capacity0s) as a party
thereto, execute and deliver the same, and that said
affiant subscribed Py he name to the within
instrument. as a witness at the request of
Name of Principal Signer (Again)
WITNESS my hand and official seal.
OPTIONAL
Signature of Notary Public
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: _Z 1/ °777 Number of Pages: A+
Signer(s) Other Than Named Above: Lisfl_��✓�- is -+-�, 8d�s���Ga- �-•��-
Capacity Claimed by Principal Signer
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited 0 General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
Gr- Other: aF _-_%,
Absent Signer (Principal) Is Representing:
®1995 National Notary Association - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309 -7184
END OF DOCUMENT
Prod. No. 5908
RIGHT THUMBPRINT OF
SUBSCRIBING WITNESS
Reorder: Call Toll -Free 1- 800 - 876 -6827