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HomeMy WebLinkAboutPre Annexation Agreement (209-99) 4101 BroadANfvJC Z,i>'�—ol�� �110 t Broad RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Luis Obispo Community Development Department 990 Palm Street JULIE RODEWP San Luis Obispo Co • -Clerk/Recorder Recorded at the request of Public MF 8/28/2001 10:25 AM D O C # : 2001064966 Titles: 1 Pages: 14 Fees 0.00 IIIIIIIIIIIIIIIIIIIIIIIIIII OTaxes 0.00 thers 0.00 PAID $0.00 San Luis Obispo, CA 93401-3249 APN: 076-411-043 PRE -ANNEXATION AGREEMENT BY AND BETWEEN THE CITY OF SAN LUIS OBISPO AND BALL, BALL, WILLIAMS, AND SENN (FOR CREEKSIDE COMMERCIAL CENTER) This annexation agreement is made and entered into this 6�21 V­day of 0�d► 2001, 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 Ball, Ball, Williams, and Senn, whose address is 1141-A Pacific Street, San Luis Obispo, California, 93401 (hereinafter referred to as "OWNERS'), pursuant to the authority of the City Charter and Section 56000, et seq., of the California Government Code. CITY and OWNERS shall hereinafter be referred to collectively as "PARTIES." 1*11Re) 0All K9 WHEREAS, OWNERS are the owners in fee of certain real property in the County of San Luis Obispo, commonly known as 4101 — 4119 Broad Street, San Luis Obispo, California (APN 076- 411-043) further described in the attached Exhibits A and B, and referred to herein as the "subject property"; and WHEREAS, the subject property is proposed for annexation to the City oMtNip &{ ; (� 8 F'LU File No. ANNX/PD/ER/209-99); and 2100.00 DIllti 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.; NOW THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, PARTIES agree as follows: 1. URBAN SERVICES. Upon annexation, the subject 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: Water Service. CITY agrees to provide water service, as available, for fire fighting and domestic purposes to the subject property upon request of OWNERS, 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 City water will require compliance with these requirements, payment of appropriate impact fees, and installation of USC-approved backflow prevention equipment. Use of on -site ground water or other sources for potable or non -potable uses may continue for existing development, provided they continue to meet County Health Department standards. Use of groundwater for new development will comply with applicable City policies. In the event of abandonment or failure of well(s), OWNERS shall comply with applicable State and County regulations regarding well abandonment. Non -potable water may be used for landscape irrigation. (See Exhibit 1.) Sewer Service. City agrees to provide sanitary sewer service, as available, to the subject property upon request of the OWNERS, subject to the same laws, rules, regulations, and fees applicable to other new users in the City under similar circumstances. (See Exhibit 1.) Fire Protection. City agrees to provide fire protection service, as available, to the subject property upon request of the OWNERS, subject to the same laws, rules, regulations, and fees applicable to other new users in the City under similar circumstances. Development on the subject property must connect its fire suppression system to the water mab� - iW. i six months,,; (see Exhibit 1 for details) and will be charged a monthly fire protection sefytgg fee. €'.":_.v 2. SPECIFIC PLAN AND AREA WIDE PLANNING AND INFRASTRUCTURE FEES. Airport Area Specific Plan and Infrastructure Fee. This $15,538.00 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). OWNERS hereby agree to contribute $70,203.92, which is based upon the size of the OWNERS' lot (4.84 acres) minus a $5,000 credit previously paid by OWNERS towards the Airport Area Specific Plan study. Such amount shall be paid in full, or secured by a letter of credit, prior to final Council action on the pending 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. OWNERS 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. PRE -ANNEXATION AGREEMENT BY AND BETWEEN THE CITY OF SAN LUIS OBISPO AND BALL, BALL, WILLIAMS, AND SENN Page 2 If the OWNERS choose 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, OWNERS and their successors agree to support the formation of such a District. 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. OWNERS agree to contribute $12,100, based upon the size of the OWNERS' lot (4.84 acres), prior to final Council action on the annexation. 4. COMPLIANCE WITH CITY STANDARDS. Once annexed, the property will be subject to the same rules, regulations, laws, fees, and taxes that would be applied to other properties, residences, businesses, and customers in the City under similar circumstances including, but not limited to Building Code, Fire Code, Zoning Regulations, environmental regulations (California Environmental Quality Act), fees, taxes (including business taxes and utility user taxes) 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 OWNERS 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 successors, 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. �G� r z m c> a T.rcn r a 1 3 _. TZ O i C O PRE -ANNEXATION AGREEMENT BY AND BETWEEN THE CITY OF SAN L O I O G G Page 3 I i IN WITNESS WHEREOF, this agreement is executed on the date above stated at San Luis Obispo, California. ALL SIGNATURES MUST BE NOTARIZED OWNERS Roland S. Ball, Trustee of the Roland S. Ball Trust CITY OF SAN LUIS OBISPO,_,6.9hartered Municipal Corporation BY: 4e Mayor Al en Settle PRE -ANNEXATION AGREEMENT BY AND BETWEEN THE CITY OF SAN LUIS OBISPO AND BALL, BALL, WILLIAMS, AND SENN Page 4 Jec-03-99 01:15P JLWA P . 02 a &3 � I J �•I y I V <e z I I I I -1 I I I I I I 6%. 'OdVOo"IN 10 AW*3 30ISN32bO to —9uea...uw I �� ATTACHMENT s{ r kill, t � '. 0 I` ANNEXATION NO.58 - TO THE CITY Or SAN L:UIS OBISPO CREEKSIDE Legal Description Parcel I of that property described in Document No. 26918 as recorded Book 3308, Page 338 in Official Records in the Office of the County Recorder of San Luis Obispo County, being a portion of Lots 79 and 80 of the San Luis Obispo Suburban Tract, in the County of San Luis Obispo, State of California, said Parcel I being shown as Parcel A on the map filed in Book 36, Page 55 of Licensed Surveys in the Office of the County Recorder of said County, and being described as follows: Beginning at the most easterly comer of said Parcel A said comer being on the westerly right of way line of Highway 227 as shown on said map, said corner also lying on the westerly line of Annexation No. 53 to the City of San Luis Obispo; Thence along said right of way line and said City boundary north 21 °20'58" west 405.48 feet to the beginning of a curve concave to the southwest having a radius of 6,945.00 feet; Thence northwesterly 83.82 feet along said curve through a central angle of 00°41'29" to the most northerly comer of said Parcel A; Thence along the lute common to said Parcel A and Parcel B as shown on said map south 64018113" west 542.96 feet; Thence along the southwesterly line of said Parcel A south 24°4948" east 420.60 feet to the southwesterly comer of said Parcel A; Thence along the southerly line of said Parcel A north 87°5355" east 288.60 feet; Thence continuing along said:southerly line north 53°19'45" east 252.89 feet to the Point of Beginning. End Description k 6-24 TRACT 1993 Exhibit C. STATE HIGHWAY 2M L=83 80' S2170'WE 405 47' 01. 18 ";,,, / Radioio-1 _ 0 a � � C Nµ M [ PI 3 [ Cc to En M 25' N6471'06'E 4200'- VPZJ S6471'06'W 7200' S6421'06"W 1Uo.U/ 20' offset of &*ting--I-ll top of creek bank une --N2538'54"W 21.50' S253$'54'E 1250 ?'54"E A t/ 1 136.21' • IL`�]/� Jdm L. wallas A nmc 6stw L'tgUSkytwanb[d•SYswJr+[d'='lmwUd 4115 Sm &UW St B5 Smi Luis MbM Ca (B05)544-•4011 FAX 544-4294 CREEKSIDE PRE -ANNEXATION AGREEMENT Prior to final City Council action on the annexation, the property owner shall develop an agreement that documents the joint ownership and maintenance of domestic water, fire, irrigation, and wastewater facilities, including the rights and responsibilities of each owner and/or each tenant, as appropriate, to the satisfaction of the directors of the Utilities, Public Works, Fire, and Community Development departments. (Domestic Water) The applicant will be allowed to continue using on -site wells for domestic water until such time as the property subdivides or converts to condominium units. Through participation in the City's water retrofit program, the applicant can develop an: allocation or entitlement to City water in order to serve the project. Subdivision of the property or connection to the City water system for domestic use will necessitate complete separation of the domestic system from the on -site well system. Through a special agreement with the City, the applicant will be allowed to connect to the City water system with a single water service for each building. Water Impact Fees will be required prior to the issuance of any permit for each domestic supply connection to the City water system. Each building shall have a water meter that is appropriately sized to meet the building's domestic water needs. Each connection to the City water system shall have a USC approved backflow preventer as long as well water is used for any reason or a well even exists on the property. (Irrigation Water) The on -site well system will be allowed to continue providing irrigation water to the property. Through special agreement with the City, subdivision of the property will not preclude the use of well water for irrigation purposes on what is now a single parcel, provided that appropriate backflow prevention measures are strictly followed and the irrigation system is entirely separate from both the domestic and fire protection systems. (Fire Protection Water) Within six months of annexation, the exiting private fire protection water system shall be abandoned. The property shall be supplied by a new connection to the 12" water main in Broad Street. The existing U-shaped loop shall be expanded, using 8" pipe, to create a complete, two way loop around the two (and future) buildings. Domestic and irrigation water systems shall remain separate from the fire protection water system. Prior to final Council action on the annexation, the applicant shall provide the City with an irrevocable Letter of Credit or a Certificate of Deposit in conformance with the City's security -deposit policy, which shall cover the cost of the installation of the approved fire protection water system. Within six months of annexation, all fire hydrants shall be replaced with fire hydrants complying with the City of San Luis Obispo Engineering Standards (4.5-inch pumper outlets). (Hazardous Materials) Within six months of annexation, a hazardous materials "Business Plan" shall be submitted to the Fire Department for review and approval. Storage and use of hazardous materials shall comply with the Fire Code and Health & Safety Code (Wastewater) Wastewater treatment capacity is adequate to serve the site. The project's wastewater impact fees will pay a proportionate share of the cost to increase treatment capacity needed in response to cumulative increases in wastewater flows. Wastewater Impact Fees will be charged at the time a permit is issued for connection to the City wastewater collection system. The property is also subject to the Interim Airport Area Annexation Fee, which covers the property's fair share contribution for regional infrastructure. The existing wastewater collection system has been determined to be adequate to provide needed service to this property until such time as the regional improvements are complete. Existing City policies allow the property owner to continue to use the existing on -site wastewater disposal system for existing buildings until such time as the system fails. However, at this location, the property owner shall connect to the City wastewater collection system within six months of annexation. 0 E �II�►n����IIIIIII h ��� u����8111►����►�I ���11�11 City Of SAn tuts OBISPO AF.J.- 990 Palm Street, San Luis Obispo, CA 93401-3249 STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO ss. On August 21, 2001 before me, City Clerk Lee Price, personally appeared Mayor Allen Settle known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the in§1xqment. seal. LEE PRICE, CMC CITY CLERK OThe City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. Telecommunications Device for the Deaf (805) 781-7410. !M B A N K i y T R UST State of California County of San Luis Obispo On v2llG 1 State of California County of San Luis Obispo On CALIF'ORNIA ALL-PURPOSE ACKNOWLEDGMENT me, I M. Loy, Notary Public, personally appeared before me, [personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature ofN rp M. Loy, Notary Public, personally appeared ❑ personally known to me - OR -_ "proved to me on the basis of satisfactory evidence be the person(s) whose name(s) is/at subscribe o the within instrument and acknowledged to me at he/she/they executed the same in his/her/their a orized capacity(ies), and that by /her/their ' ture(s) on the instrument the person(s), or the upon behalf of which the person(s) acted, my hand an-d-*ffirj�al seal. Signature of Notary ... ._._.__.-. BANK f.7TRUSTT State of California County of San Luis Obispo On JUlt4 -30 '260 State of California County of San Luis Obispo CALIFORNL4, ALL-PURPOSE ACKNOWLEDGMENT me, i Loy, Notary Public, personally appeared La fj' fl © personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the personw whose name(§l i a )subscribed to the within instrument and acknowille�dd ed to me that he/sh ey xecuted the same in his/heri authorized capacity 'es , and that by his/here' ' ignature.Cs) on the instrument the person(s), or the entity upon behalf of which the personUs acted, executed the instrument. WITNESS my hand and official seal. . / 6 Signal o Notary On before me, A Loy, Notary Public, personally appeared PYLAdJ11 f�&LL, 121"S1'C6 [personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person96 whose nameo)/�'are subscribed.Aq the within instrument and acknowledged to me tha t,cAhe/they executed the same in di ter/their authorized capacity(iA), and that by ii er/their signatureVon the instrument the person, or �u---.....g....... the entity upon behalf of which the person acted, i� M. LOY executed the instrument. C COMM. #1214312 Qmy NOTARY PUBLIC-CALIFORNIA 3 8AN LUIS OBISPO COUNTY 0 Comm. Expires Mar, 22, 2002WITNESS my hand and official seal. v _ Sir w of Notary 0 STATE OF CALIFORNIA/ COUNTY OF 0/", S L� On *afor before me,? "a Notpry,Pub isaid Stat , personally appeared X'=-, !A N personally known to me (or proved to me on the basi f satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 2 i,n A -S it Signature (This area for official notarial seal) 7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ��yy-� County of �)(L i I [1t) L_C'Ih ) ss. On per: MARIE KAPSH-MORROW COMM./1156265O.-BELINDA NOTARY PUBLIC - CALIfORNIASAN LUIS OBISPO COUNTY q. Comm, L*res OM. 77, 2001 Place Notary Seal Above Xersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL 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 Attache Title or Type of Document: Document Date: I l.t, R_ tL • J Number of Pages: 11 Signers) Other Than Named Above: Capacity(ies) Claimed by Signer Si ner's Name: Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 0 1999 National Notary Aeaodabon • 9369 be Soto Ave., P.O. Box 2492 • Chal~h, CA 9131&2a92 • wWN.natgnal,glery.0,9 Prod. W. WIT ReoNer: CNI TdWree 1-1100876E627