HomeMy WebLinkAbout04-04-2017 Item 12, Affordable Housing Agreement and Acceptance of Land Dedication for Tracts 3063, 3066 and 3095 Meeting Date: 4/4/2017
FROM: Michael Codron, Community Development Director
Prepared By: Jenny Wiseman, Acting Housing Programs Manager
SUBJECT: AFFORDABLE HOUSING AGREEMENT AND ACCEPTANCE OF LAND
DEDICATION FOR TRACTS 3063, 3066 AND 3095 (RIGHETTI RANCH,
JONES, IMEL)
RECOMMENDATION
1. Approve the attached Affordable Housing Agreement (Attachment A) to accept the
dedication of land to meet to Inclusionary Housing Requirements of Tracts 3063, 3066, and
3095; and
2. Authorize the Community Development Director to approve minor modifications and to
execute the approved Affordable Housing Agreement.
BACKGROUND
Ambient Communities (“Ambient”) is currently in the final phases of receiving entitlements and
approvals for tract maps of three separate subdivisions within the Orcutt Area Specific Plan
(“OASP”). Those three subdivisions include: Righetti Ranch (Tract #3063), Jones Ranch (Tract
#3066), and Imel (Tract #3095). Within the three combined subdivisions, and the newly obtained
Pratt parcel, Ambient will develop over four hundred and twenty (420) residential dwelling units
(the "Project").
To comply with the City’s Inclusionary Housing program and various OASP policies, Ambient
must dedicate 15% of the residential dwelling units as deed restricted affordable units; 10% of
those are required to be affordable to moderate income households, and 5% affordable to low
income households. The OASP allows this requirement to be met either by dedicating land in
new subdivisions free of charge to a recognized low-income housing developer or by building
affordable units within the projects. Specifically, Policy 3.3.4 of OASP states:
Developers of residential subdivisions may dedicate land to the Housing Authority,
or other City recognized low-income housing developer, in-lieu of constructing the
required affordable housing units. Land that is dedicated for the purpose of
developing affordable housing must be of sufficient size to construct at least the
number of low and/or moderate income units required by the Inclusionary Housing
Ordinance for the project, plus 25% to accommodate the allowed density bonus.
When land is provided to meet the affordable housing requirement, all frontage
improvements and required off-site improvements shall be installed by the market-
rate housing developer. In general, land dedicated for affordable housing shall be
dispersed throughout subdivisions, instead of clustered. The requirement to disperse
affordable housing shall not be construed to prevent dedication of land suitable for
an affordable apartment project.
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Previously, Ambient had determined that all affordable units would be built within the Righetti
and Jones sites; however, when Ambient recently took ownership of the Pratt parcel (APN: 053-
061-024) and now wishes to dedicate a portion of that parcel to People’s Self Help Housing
Corporation (“PSHH”) to satisfy the entire project’s inclusionary housing requirements. The
decision to accept land dedication in-lieu of building the affordable housing in a subdivision is
under the discretion of the City Council.
DISCUSSION
Existing Inclusionary Housing Approvals
Prior to Ambient’s purchase of the Pratt parcel, three hundred and eighty three (383) units were
proposed in the project. To satisfy the Inclusionary Housing Ordinance (Zoning Regulations Ch.
17.91), Ambient was to construct and deed restrict forty-one (41) units within the Righetti
subdivision and eleven (11) units within the Jones subdivision.
Once Ambient purchased the Pratt site, the number of proposed dwelling units increased to four
hundred and twenty (420) dwelling units. This increased the inclusionary requirement to sixty
three (63) deed restricted units – 10% moderate and 5% low income. To meet these
requirements, Ambient has proposed the following (Attachment A):
1. Deed restrict nine (9) for sale, moderate income condominiums within the Jones
subdivision (VTM 3066) for construction in Phase 3; and
2. Dedicate a sufficient size portion of the Pratt parcel to PSHH to construct at least fifty-
four (54) affordable rental units of varying size. These units shall include twelve (12)
moderate income and forty-two (42) low income units, with deeper affordability
encouraged. Prior to dedication of land to PSHH, Ambient shall be required to complete
installation of all off-site improvements and frontage improvements during Phase 1 so the
parcel is development ready.
Timing of Land Dedication
Installation of infrastructure and subdivision of the Pratt site will occur in Phase 1. The parcel
will then be dedicated to People’s Self Help Housing at the beginning of Phase 2. Once
dedicated, PSHH will move forward with obtaining planning and building entitlements and
establishing a financing structure for development of the affordable units. Timing of the land
dedication was established and approved based on the construction of other tract improvements
for Righetti Ranch C Streets and Jones Ranch Phase 1 (seen in Exhibit C of Attachment A).
Benefit of Proposed Land Dedication
In working with both Ambient and PSHH, staff finds the dedication of land to PSHH to provide
a greater community benefit than the development of affordable units within the subdivisions as
previously proposed.
First, consistent with OASP Policy 3.3.4, PSHH will have the ability to build more than fifty-
four units on the parcel using an affordable housing density bonus; providing additional
affordable units for the community. Second, the development and management of these units by
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PSHH ensures a highly qualified affordable housing provider and case management service
provider will oversee these affordable units and establish successful long term operating
standards and resident amenities. All affordable rental units will be deed restricted for fifty-five
(55) years through an Affordable Housing Agreement with PSHH, recorded against the propert y.
If the Developer fails to construct the nine (9) affordable units on the Jones property and/or fails
to convey a portion of the Pratt property to PSHH per the Affordable Housing Agreement, then
Ambient will owe an in-lieu fee in the total amount of $6.9 million dollars.
Next Steps
After approval of the land dedication is complete, City staff and Ambient will execute the
attached Affordable Housing Agreement (“Agreement”). This agreement has been drafted by the
City Attorney’s office and ensures Ambient will comply with all aspects of the Inclusionary
Housing Ordinance in a timely and legal manner.
ENVIRONMENTAL REVIEW
The project is exempt from environmental review per Section 15061 (b)(3) General Rule of the
CEQA Guidelines. The project is an action to accept a land dedication for a future development
project. Each subdivision within the project is subject to environmental review during the
entitlement process.
FISCAL IMPACTS
There are no fiscal impacts associated with the approval of this land dedication and Agreement.
ALTERNATIVES
1. Do not authorize the land dedication from Ambient to PSHH. This action is not
recommended because the dedication meets all requirements of the OASP and City’s
Inclusionary Housing Ordinance. Should denial of the land dedication occur, Ambient
would be required to provide the units within the subdivisions as previously stated.
2. Continue consideration of the land dedication. The City Council can direct staff to return
with additional information regarding the funding request so that a final decision can be
made. This action is not recommended as Ambient must enter into an Affordable
Housing Agreement prior to recordation of any final map phase.
Attachments:
a - Affordable Housing Agreement
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of San Luis Obispo
Community Development Department
919 Palm Street
San Luis Obispo, CA 93401-3249
Attn: Community Development Director
No fee for recording pursuant to (Space above for Recorder's Use)
Government Code Section 27383
AFFORDABLE HOUSING AGREEMENT AND
DECLARATION OF RESTRICTIVE COVENANTS
(For-Sale Affordable Units for Tract # 3063, Tract # 3066, and Tract # 3095)
This AFFORDABLE HOUSING AGREEMENT AND DECLARATION OF
RESTRICTIVE COVENANTS ("Agreement") is made and entered into on the ____ day of
_____________ 2017 by and between the City of San Luis Obispo, a California charter city and
municipal corporation (the "City"), and Righetti Ranch, LP, a Delaware limited partnership
(“Righetti”), also referred to herein as “Owner.” Owner and City are sometimes collectively
referred to as the "Parties."
RECITALS
A. Owner is the owner of certain real property known as Righetti Ranch (Tract #3063),
Jones Ranch (Tract #3066), Imel (Tract #3095), and the Pratt Property (APN: 053-061-024) in the
City, which are more particularly described in attached Exhibit A incorporated herein by this
reference and collectively referred herein as (the "Property").
B. Within the three combined subdivisions and the Pratt Property, Owner will develop
over four hundred and seventeen (417) residential units (the "Project").
C. To satisfy the requirements of Municipal Code Chapter 17.91 (the "Inclusionary
Housing Ordinance"), and in connection with the Project's approvals, Owner has agreed to
develop sixty-three (63) affordable units to meet the Inclusionary Housing Requirement for
Righetti Ranch Tract 3063, Jones Tract 3066, Imel Tract 3095, and the Pratt Property.
D. Policy 3.3.4 of the Orcutt Area Specific Plan (“OASP”) provides developers within
the specific plan area the opportunity to dedicate land in lieu of building affordable housing on -
site. Specifically, that section states:
Developers of residential subdivisions may dedicate land to the Housing Authority,
or other City recognized low-income housing developer, in-lieu of constructing the
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required affordable housing units. Land that is dedicated for the purpose of
developing affordable housing must be of sufficient size to construct at least the
number of low and/or moderate income units required by the Inclusionary Housing
Ordinance for the project, plus 25% to accommodate the allowed density bonus.
When land is provided to meet the affordable housing requirement, all frontage
improvements and required off-site improvements shall be installed by the market-
rate housing developer. In general, land dedicated for affordable housing shall be
dispersed throughout subdivisions, instead of clustered. The requirement to
disperse affordable housing shall not be construed to prevent dedication of land
suitable for an affordable apartment project.
E. Owner desires to satisfy the City’s Inclusionary Housing Ordinance by: (1)
constructing and selling nine (9) units within Jones (Tract 3066) (the "Affordable Units") and in
conformance with the sales prices and income limits established by the City's "Affordable Housing
Standards" published by the City's Community Development Department to implement the
Inclusionary Housing Ordinance pursuant to Municipal Code Section 17.91.040 B and (2)
dedicating a portion of land located at 3750 Bullock Lane, San Luis Obispo, APN: 053-061-024,
commonly referred to as the “Pratt Property,” to People’s Self Help Housing, Inc. (“PSHH”), for
the construction of at least fifty-four (54) affordable units. The Pratt Property is legally described
in Exhibit A incorporated herein by this reference. The portion of the Pratt Property to be dedicated
to PSHH is generally depicted in Exhibit B incorporated herein by this reference. This property is
referred to herein as (the “Dedication Property.”)
F. Pursuant to the Inclusionary Housing Ordinance and the Affordable Housing
Standards, the Owner is required to sell the designated Affordable Units in Jones (Tract 3066) to
buyers from moderate income households (the "Initial Buyers") and to execute certain documents
with each Initial Buyer that will restrict the sales price to maintain the affordability of the
Affordable Units or impose an equity-sharing program for a period of forty-five (45) years from
the date of sale to the Initial Buyer (the "Affordability Period").
AGREEMENT
NOW, THEREFORE, the Parties agree and acknowledge that the above recitals are true
and accurate, and are incorporated into this Agreement by this reference, and the Parties mutually
acknowledge and agree as follows:
ARTICLE 1.
DEFINITIONS AND EXHIBITS
Section 1.1. Definitions. In addition to terms defined elsewhere in this Agreement, the
following terms have the following meanings in this Agreement:
(a) “Affordable Housing Rental Restriction Agreement” means the
Affordable Housing Rental Restriction Agreement and Declaration of Restrictive Covenants
executed by Owner encumbering the Dedication Property.
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(b) "Affordable Sales Price" means the maximum allowable sales price for an
Affordable Unit in effect at the time of its sale by the Owner to an Eligible Household, which is to
be calculated in accordance with the formula provided in the Affordable Housing Standards.
(c) "Director" means the Community Development Director of the City or
successor position.
(d) "Eligible Household" means a household which has been determined by
the Housing Authority or other agency designated by the Director to be eligible to purchase an
Affordable Unit as a Moderate Income Household, in compliance with the Inclusionary Housing
Ordinance and this Agreement.
(e) "Homebuyer/City Deed of Trust" means the Purchase Money Deed of
Trust, Deed of Trust Covenants, Assignment of Rents, Security Agreement and Fixture Filing,
executed by each Initial Buyer of an Affordable Unit that secures the Initial Buyer's performance
under the Homebuyer/City Note.
(f) "Homebuyer/City Note" means the Occupancy, Resale, and Refinancing
Restriction Agreement, with Option to Purchase and Promissory Note Secured by Deed of Trust,
and executed by each Initial Buyer of an Affordable Unit.
(g) "Household Income" means the combined gross, pre-tax income of all
adult occupants of the applicant household.
(h) "Housing Authority" means the Housing Authority of the City of San Luis
Obispo.
(i) “Phase 1”, “Phase 2”, and “Phase 3” means the development phases of
the Project as shown on the phasing map hereto attached as Exhibit C.
Section 1.2. "Moderate Income Household" is defined in the City of San Luis Obispo's
Affordable Housing Standards and means a household with a Household Income that does not
exceed 120% of the area median income as established by the California Department of Housing
and Community Development. Exhibits. The following exhibits are attached to this Agreement:
Exhibit A Legal Description of the Project properties
Exhibit B Depiction of the Dedication Property.
Exhibit C Phasing map of the Project including the Location of Affordable Units and
Schedule of Affordable Units in Jones (Tract 3066)
ARTICLE 2.
CONSTRUCTION OF TRACT 3066 (JONES) PROJECT AND AFFORDABLE UNITS
Section 2.1. Construction of Affordable Units. The Parties have agreed that the Owner
shall construct and sell the Affordable Units, consisting of nine, two bedroom units within Jones
Tract 3066 in the approximate location shown and described on Exhibit C in conformance with
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the sales prices and income limits established for moderate income families as defined by the
City’s Affordable Housing Standards. If, after recordation of this Agreement, Owner proposes to
change the location of any Affordable Unit within the Project, Owner shall submit a written request
for such change to the Director, who shall have sole discretion to approve or deny such request.
Section 2.2. Construction Timing. The Affordable Units shall be constructed in
proportion to construction of the other units in the Project pursuant to the schedule in Exhibit D.
No certificates of occupancy or final inspections shall be issued after the seventeenth (17th) unit in
the Project Phase 3 until certificates of occupancy or final inspections have been issued for the
nine Affordable Units unless an alternate phasing plan has been approved as part of the Project's
discretionary approvals.
Section 2.3. Design and Appearance of Affordable Units. The design, appearance, and
general quality of the Affordable Units shall be of the same character as the Project as a whole.
Section 2.4. Use of Affordable Units. The Affordable Units shall be sold only to Eligible
Households who will owner-occupy the Affordable Units as their primary place of residence.
ARTICLE 3.
SALE OF AFFORDABLE UNITS
Section 3.1. Sale of Affordable Units by Owner to Eligible Households.
(a) Owner shall sell all the Affordable Units to Eligible Households at an
Affordable Sales Price as established by the City’s Affordable Housing Standards and in
accordance with the City’s Affordable Housing Purchase Guidelines. The Affordable Sales Price
shall be the absolute maximum price that the Owner or any other seller may receive as
compensation for the sale of an Affordable Unit.
(b) Owner shall actively market the Affordable Units, openly and in the same
general manner as the Project as a whole, allow prospective buyers to view the Affordable Units,
model units or floor plans, disclosure documents, and any other relevant sales materials, as ma y
be available. Owner's sales agents shall provide the same general quality of customer service to
the Affordable Unit buyers as provided to market-rate buyers, shall display information about the
availability of the Affordable Units in a readily noticeable manner in the sales office and/or Project
sales website, shall disclose the Affordable Unit restrictions to any prospective buyers in a timely
manner and direct potential purchasers to submit eligibility applications to determine if they
qualify as Eligible Households.
(c) The Owner agrees to retain the Housing Authority, or other agency
designated by the Director, for screening of potential purchasers to determine if they qualify as
Eligible Households.
(d) Once certified, Eligible Households shall submit purchase offers directly to
Owner, and Owner shall accept offers to purchase in the order received, provided that such offers
include a letter from the Housing Authority, or other agency designated by the Director, that the
buyer is an Eligible Household, a valid check for the required good faith deposit, and a preliminary
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first mortgage loan approval. Owner shall conduct any additional screening of applicants deemed
necessary and not in violation of fair housing laws.
(e) Selected applicants shall be responsible for obtaining their own financing
for the Affordable Units.
(f) Purchase contracts between Owner and Eligible Households shall include
requirements that buyers execute documents for the benefit of the City as described in Section 3.2
below.
(g) The escrow instructions for the sale of an Affordable Unit shall stipulate
that the Homebuyer/City Note and Homebuyer/City Deed of Trust shall be recorded against the
Affordable Unit at close of escrow on the sale to the Eligible Household; and that the
Homebuyer/City Note and Homebuyer/City Deed of Trust shall be recorded junior only to the lien
of the deed of trust securing the Eligible Household's first purchase money mortgage loan, or to a
second mortgage loan only if such loan is provided by a public agency which requires such
subordination, or as otherwise approved in writing by the City.
(h) A Request for Notice of Default and Sale for the benefit of the City shall be
recorded for each deed of trust recorded at close of escrow.
(i) Within five (5) days following the sale of any Affordable Unit by the Owner
to an Initial Buyer, Owner shall forward, or shall cause escrow officer to forward to the City,
copies of the buyer's and seller's settlement statement and all closing documents, including the
Homebuyer/City Note and Homebuyer/City Deed of Trust executed in connection with the sale.
(j) Owner shall be independently responsible to make good faith efforts to
market and sell the Affordable Units in compliance with this Agreement, and shall cooperate with
City in good faith in the effort to sell the Affordable Units to Eligible Households in a timely
manner.
(k) If Owner has not received any purchase offer from an Eligible Household
for an Affordable Unit within one hundred eighty (180) days after the Affordable Unit has been
offered for sale, the Owner shall provide a one hundred eighty (180) days’ notice to the City and
shall satisfy any further conditions that may be reasonably required by the City, including but not
limited to, further efforts to find an Eligible Household and/or additional marketing by the Owner
to attract an offer to purchase from an Eligible Household. If escrow has not closed on the
Affordable Unit sale within an additional sixty (60) days from date of Owner's one hundred eighty
(180) days’ notice, if the City consents in writing, such consent to not be unreasonably withheld, ,
Owner may sell the Affordable Unit at its fair market value and pay to the City an amount equal
to the difference between the actual contract sale price and the Affordable Sales Price. As an
alternative, if the parties mutually agree, Owner may sell the Affordable Unit to the City or the
City's designee for the Affordable Sales Price to satisfy Owner's obligations under this Agreement
with respect to such Affordable Unit.
(l) If an Affordable Unit is sold at fair market value with the City's written
consent as specified in subsection (k) of this Section, such Affordable Unit shall not be subject to
any requirements of this Agreement following City's receipt of applicable payment. Upon receipt
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of such payment, City shall provide Owner with a recordable document releasing the Affordable
Unit from this Agreement.
Section 3.2. Homebuyer Documents and Security Instruments. Prior to the sale of each
Affordable Unit, Owner shall ensure that:
(a) The Initial Buyer and the City execute a Homebuyer/City Note in the form
prepared by the City.
(b) The Initial Buyer signs a Homebuyer/City Deed of Trust in the form
prepared by the City.
(c) Following sale of an Affordable Unit to the Initial Buyer, the Initial Buyer
shall be responsible for complying with the terms of this Agreement through the Homebuyer/City
Note and the Homebuyer/City Deed of Trust.
Section 3.3. Records. The Owner shall retain all records related to compliance with
obligations under this Agreement for a period not less than five (5) years from the date of
origination of such records, and make them available to City employees or others designated by
the City for inspection and copying on five (5) business days' written notice. The City shall be
entitled to monitor compliance with this Agreement, and the Owner shall cooperate with City
monitoring, including obtaining Eligible Household verification upon request of the City.
ARTICLE 4.
SUBDIVISION OF PRATT PROPERTY AND DEDICATION OF THE LOW INCOME
PROPERTY
Section 4.1. Compliance with Inclusionary Housing Ordinance. The Parties
acknowledge that, pursuant to Policy 3.3.4 of the OASP, Owner is dedicating the Low Income
Property to PSHH in order to partially satisfy Owner’s affordable housing requirement related to
the Project. The Parties agree that should PSHH refuse or fail to accept the Dedication Property,
Owner shall be able to dedicate such land to another low-income housing developer approved by
the City.
Section 4.2. Land Dedication Timing. Prior to certificates of occupancy or final
inspections for the Project, Owner shall subdivide the Pratt Property in order to create the
Dedication Property as a legal lot pursuant to the Subdivision Map Act and City rules and
regulations. The Dedication Property shall be in substantial compliance with the depiction in
Exhibit B and of sufficient size to allow for at least fifty-four (54) affordable dwelling units. City
and Owner acknowledge that the OASP and recently updated Land Use Element (“LUE”) of the
City’s General Plan identify the Pratt Property as an R-3 zoned parcel. City and Owner
acknowledge that City is in the process of updating its Zoning Code which includes the updated
zoning as set forth in the LUE. City and Owner further acknowledge that the timing of transfer of
the Dedication Property as set forth herein will occur around the same time when the Pratt Property
will be rezoned consistent with the LUE. Prior to the issuance of any certificates of occupancy in
Phase 2 of the Project, the Dedication Property shall be conveyed in fee simple absolute to PSHH
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free and clear of any liens and deeds of trust except as provided in Section 4.3. Owner shall, at
Owner’s sole cost and expense, be responsible for constructing the Low Income Property to a
“super pad” condition which shall mean that the property will (i) be graded to construction
readiness without foundation or paving; (ii) all frontage improvements and offsite improvements
required to provide access and utilities to the Dedication Property including, but not limited to
streets, curbs, gutters, drainage and stormwater compliance associated perimeter streets runoff,
sidewalks, street lights, water mains, sewer mains, dry utilities; (iii) all water, sanitary sewer, and
treated stormwater drainage, shall be stubbed and sized for the number of units proposed, to the
property line of the Dedication Property. All of the aforementioned improvements shall be
constructed to City standards at a size and location consistent with an approved tentative map for
the Pratt Property or, in absence of an approved tentative map, at a size and location consistent
with the OASP, unless otherwise approved by the City’s Public Work’s Director.
Section 4.3. Affordable Housing Agreement, Note. Prior to dedication of the Low
Income Property to PSHH, Owner shall record an Affordable Housing Rental Restriction
Agreement in a form subject to the written approval of the City requiring and securing performance
of: (i) the construction of at least fifty-four (54) affordable housing units on the Low Income
Property; and (ii) restricting the rental of at least fifty-four (54) housing units on the Low Income
Property to very low, low, and moderate income in accordance with the affordable housing
requirements for the Project.
ARTICLE 5.
ENFORCEMENT
Section 5.1. Covenants Running with the Land. The requirements of this Agreement
shall be covenants running with the land as defined in California Civil Code Section 1460, and
shall apply to the properties as shown and described on Exhibit A. Pursuant to Civil Code Section
1468, which governs such covenants, the provisions of this Agreement shall be binding upon all
Parties having any right, title, or interest in any of the properties described herein, or any portion
thereof and on their heirs, successors in interest and assigns for a period of forty-five (45) years.
The Parties agree that all future deeds or transfers of interest regarding the properties shall show
the restrictions of this Agreement for as long as the Agreement is in effect.
Section 5.2. Release of Property from Agreement. Upon the earlier to occur of (i) the
dedication of the Low Income Property to PSHH or another low income housing developer in
compliance with this Agreement; and (ii) the sale of 100% of the Affordable Units to Initial Buyers
from Eligible Households in compliance with the terms of this Agreement or (iii) the conclusion
of the Affordability Period, the entire Property shall be released from the burdens of this
Agreement and this Agreement shall be terminated.
Section 5.3. Default. Failure of the Owner to satisfy any of Owner's obligations under
the terms of this Agreement within thirty (30) days after the delivery of a notice of default from
the City will constitute a default under this Agreement and a violation of the Inclusionary Housing
Ordinance. In addition to remedies for breach of this Agreement, the City may exercise any and
all remedies available to it under the Inclusionary Housing Ordinance or other any other provision
of law or equity, including, but not limited to:
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(a) withholding, conditioning, suspending or revoking any approvals for the
Project, including without limitation final inspections for occupancy and/or the issuance of any
certificates of occupancy;
(b) instituting against the Owner, or other parties, a civil action for declaratory
relief, injunction or any other equitable relief, or relief at law, including without limi tation an
action to rescind a transaction and/or to require repayment of any funds received in connection
with such a violation;
(c) where one or more persons have received financial benefit as a result of
violation of this Agreement, the City may assess, and institute legal action to recover as necessary,
a penalty in any amount up to and including the amount of financial benefit received, in addition
to recovery of the benefit received; and
(d) requiring the Owner or his/her successors in interest to the Property to pay
the City payment received by the Owner for the unauthorized sale of the Affordable Unit.
5.3 Failure to Construct Affordable Units or Dedication of Land. In the event that
Owner fails or refuses to construct the Affordable Units or dedicate the Lo w Income Property to
PSHH or another low-income housing developer approved by City, then City shall be entitled to
receive monetary damages for non-performance in an amount equal to (a) $6,900,000 being the
in-lieu fee that City would have been entitled to receive if no affordable housing units had been
constructed under this Agreement times (b) a fraction, the numerator of which is the number of
affordable housing units not completed under this Agreement and the denominator of which is
sixty-four (64) times (c) 3% interest per annum on monetary amount due. For purposes of this
Section 5.3(a), the term “affordable units not completed” shall include the fifty-four (54) units
proposed for the Dedication Property in the event Owner fails or refuses to dedicate such property
to PSHH or another low-income housing developer approved by City.
For purposes of this Agreement, each affordable housing unit shall be deemed complete at
such time as the unit has been certified for occupancy by the City of San Luis Obispo.
Section 5.4. Attorney's Fees and Costs. If either Party takes or commences any actions
or proceedings, including litigation or arbitration, against the other b y reason of any breach or
claimed breach of any provision of, or in any way connected with, this Agreement, or seeks a
judicial declaration of rights under this Agreement, the Party prevailing in such action or
proceeding shall be entitled to recover from the other Party the prevailing Party's reasonable
attorney's fees and costs, including, but not limited to, all expert witness fees, other witness fees
and associated expenses, whether or not the proceeding or action proceeds to judgment.
ARTICLE 6.
GENERAL PROVISIONS
Section 6.1. Appointment of Other Agencies. At its sole discretion, the City may
designate, appoint or contract with any other public agency, for-profit or non-profit organization
to perform some or all of the City's obligations under this Agreement.
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Section 6.2. Hold Harmless. Owner will indemnify and hold harmless (without limit as
to amount) City and its elected officials, officers, employees and agents in their official capacity
(hereinafter collectively referred to as "Indemnitees"), and any of them, from and against all loss,
all risk of loss and all damage (including expense and attorney's fees) sustained or incurred because
of or by reason of any and all claims, demands, suits, actions, judgments and executions for
damages of any and every kind and by whomever and whenever made or obtained, allegedly
caused by, arising out of or relating in any manner to the Project, the Affordable Units, or Owner's
performance or non-performance under this Agreement, including claims pursuant to California
Labor Code Section 1720 et seq., and shall protect and defend Indemnitees, and any of them with
respect thereto, except to the extent arising from the proven gross negligence or willful misconduct
of the City. The provisions of this Section shall survive expiration or other termination of this
Agreement or any release of part or all of the Property from the burdens of this Agreement, and
the provisions of this Section shall remain in full force and effect.
Section 6.3. Notices. All notices required pursuant to this Agreement shall be in writing
and may be given by personal delivery or by registered or certified mail, return receipt requested,
to the Party to receive such notice at the addressed set forth below:
TO THE CITY:
City of San Luis Obispo
Community Development Department
919 Palm Street
San Luis Obispo, CA 93401-3249
Attn: Community Development Director
WITH COPY TO:
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Attn: City Attorney
TO THE OWNER:
Righetti Ranch LP
c/o Ambient Communities Central Coast LLC
979 Osos Street, Suite E
San Luis Obispo, CA 93401
Attn: Dante Anselmo
WITH A COPY TO:
Ambient Communities Central LLC
179 Calle Magdalena #201
Encinitas, CA 92024
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Attn: Robert Anselmo
Any notice shall be deemed delivered on the first business day that delivery is attempted or upon
receipt, whichever is sooner. As used herein, "business day" means any day other than a Saturday,
Sunday, or any state or federal holiday on which financial institutions in San Luis Obispo County
are authorized or required to close for observance thereof. Any Party may change the address to
which notices are to be sent by notifying the other Parties of the new address, in th e manner set
forth above.
Section 6.4. Integrated Agreement. This Agreement sets forth the full and entire
understanding of the Parties regarding the matter set forth herein. Any other prior or existing
understandings or agreements by the Parties, whether formal or informal, regarding any matters
addressed within this Agreement are hereby superseded or terminated in their entirety.
Section 6.5. Each Party's Role in Drafting the Agreement. Each Party to this Agreement
has had an opportunity to review the Agreement, confer with legal counsel regarding the meaning
of the Agreement, and negotiate revisions to the Agreement. Accordingly, neither Party shall rely
upon Civil Code Section 1654 in order to interpret any uncertainty in the meaning of the
Agreement.
Section 6.6. Amendment of Agreement. No changes, amendments, or alterations to this
Agreement shall be effective unless in writing and signed by all Parties hereto. Major amendments
to this Agreement, shall be subject to the review and approval of the decision-making body which
approved the Project. Minor amendments to this Agreement may be approved by the Director.
Upon approval, a new Agreement containing the amendments shall be executed and recorded.
Section 6.7. Applicable Law. This Agreement shall be governed by California law.
Venue shall be the County of San Luis Obispo.
Section 6.8. Waivers. Any waiver by the City of any obligation or condition in this
Agreement must be in writing. No waiver will be implied from any delay or failure by the City to
take action on any breach or default of Owner or to pursue any remedy allowed under this
Agreement or applicable law. Any extension of time granted to Owner to perform any obligation
under this Agreement shall not operate as a waiver or release from any of its obligations under this
Agreement. Consent by the City to any act or omission by Owner shall not be construed to be a
consent to any other or subsequent act or omission or to waive the requirement for the City's written
consent to future waivers.
Section 6.9. Title of Parts and Sections. Any titles of the sections, subsections, or
subparagraphs of this Agreement are inserted for convenience of reference only and shall be
disregarded in interpreting any part of the Agreement's provisions.
Section 6.10. Multiple Originals; Counterpart. This Agreement may be executed in
multiple originals, each of which is deemed to be an original, and may be signed in counterparts.
Section 6.11. Recording of Agreement. This Agreement shall be recorded against the
Property in the Official Records of the County of San Luis Obispo prior to the recordation of any
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parcel map or final subdivision map or issuance of any building permit for the Project, whichever
occurs first.
Section 6.12. Severability. In the event any limitation, condition, restriction, covenant, or
provision contained in this Agreement is to be held invalid, void or unenforceable by any court of
competent jurisdiction, the remaining portions of this Agreement shall nevertheless be and remain
in full force and effect.
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed
as of the day and year first above written.
OWNER:
Righetti Ranch LP,
a Delaware limited partnership
By: NRE LLC,
a Delaware limited liability company
Its: General partner
By: Ambient Communities Central Coast LLC,
a California limited liability company
Its: Sole Member
By: ________________________
Its: ________________________
By: ________________________
Its: ________________________
CITY:
City of San Luis Obispo, a California
charter city and municipal corporation
By: ________________________
Michael Codron, Community
Development Director
APPROVED AS TO FORM AND
LEGAL EFFECT:
By: _______________________
Christine Dietrick, City Attorney
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STATE OF CALIFORNIA )
)
COUNTY OF __________________ )
On ____________________, before me, ___________________________, Notary
Public, personally appeared ______________________________________, who 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.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
______________________________________
Name: ______________________________
Notary Public
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
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14
1808\03\1834969.5
STATE OF CALIFORNIA )
)
COUNTY OF __________________ )
On ____________________, before me, ___________________________, Notary
Public, personally appeared ______________________________________, who 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.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
______________________________________
Name: ______________________________
Notary Public
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
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EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
Real property in the unincorporated area of the County of San Luis Obispo, State of California,
described as follows:
LOT 126 OF THE SAN LUIS OBISPO SUBURBAN TRACT, IN THE COUNTY OF SAN
LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP RECORDED
FEBRUARY 6, 1906 IN BOOK 1, PAGE 92 OF RECORDS OF SURVEYS.
EXCEPTING THEREFROM THAT PORTION THEREOF CONVEYED TO DAVID
CARROLL KENNEDY AND SHARON KENNEDY BY DEED DATED JUNE 27, 1974 AND
RECORDED JUNE 27, 1974 IN BOOK 1785, PAGE 547 OF OFFICIAL RECORDS.
APN: 076-481-011
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LEGAL DESCRIPTION OF THE PROPERTY – TRACT 3063
Real property in the unincorporated area of the County of San Luis Obispo, State of California,
described as follows:
PARCEL A: (CERTIFICATE OF COMPLIANCE RECORDED IN BOOK 3181, PAGE 649) (A.P.N.: 004 -
707-001)
A PARCEL OF LAND LYING WITHIN SECTIONS 6 AND 7 OF TOWNSHIP 31 SOUTH, RANGE 13 EAST,
MOUNT DIABLO MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT
PORTION OF THE SOUTHWESTERLY 1/4 OF SAID SECTION 6, CONVEYED BY NIS M. JACOBSON, ET
UX. TO ALLEN E. RIGHETTI, ET UX. DESCRIBED AS PARCEL 3 AND THAT PORTION LYING
SOUTHWEST OF ORCUTT ROAD DESCRIBED AS PARCEL 4 IN DEED RECORDED AUGUST 28, 1944, IN
BOOK 365, PAGE 457 OF OFFICIAL RECORDS, PARTLY IN THE CITY OF SAN LUIS OBISPO AND PARTLY
IN THE COUNTY OF SAN LUIS OBISPO, ALL IN THE STATE OF CALIFORNIA, ALONG WITH ALL THAT
PORTION OF PARCEL 1 OF PARCEL MAP SLAL87-220 ACCORDING TO MAP RECORDED IN BOOK 42,
PAGE 43 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY LYING
NORTHERLY AND WESTERLY OF THE FOLLOWING DESCRIBED EAST-WEST LINE:
COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL 1; THENCE ALONG THE SOUTHERN
PACIFIC RAILROAD RIGHT-OF-WAY NORTH 33°26'04" WEST 21.67 FEET; THENCE LEAVING SAID
RIGHT-OF-WAY ALONG THE FOLLOWING COURSES: NORTH 89°58'23" EAST, 559.58 FEET; THENCE
SOUTH 89°41'14" EAST, 198.71 FEET; THENCE NORTH 89°31'26" EAST, 107.75 FEET; THENCE SOUTH
89°00'57" EAST, 92.74 FEET; THENCE SOUTH 89°54'04" EAST, 267.64 FEET; THENCE SOUTH 89°18'00"
EAST, 10.33 FEET TO A 1-1/2" IRON PIPE WITH TAG STAMPED "RCE 12545" AT THE CORNER OF
SECTIONS 1 AND 12 OF TOWNSHIP 31 SOUTH, RANGE 12 EAST, AND SECTIONS 6 AND 7 OF TOWNSHIP
31 SOUTH, RANGE 13 EAST, MOUNT DIABLO MERIDIAN, AS SHOWN ON MAP RECORDED IN BOOK 42,
PAGE 43 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID
POINT BEING THE TRUE
POINT OF BEGINNING OF SAID EAST -WEST LINE; THENCE ALONG SAID EAST-WEST LINE; SOUTH
88°41'02" EAST, 49.78 FEET; THENCE SOUTH 89°13'37" EAST, 85.07 FEET; THENCE SOUTH 87°48'54"
EAST, 160.40 FEET; THENCE SOUTH 88°04'35" EAST, 109.46 FEET ; THENCE SOUTH 88°53'26" EAST,
101.04 FEET; THENCE NORTH 89°30'56" EAST, 421.60 FEET; THENCE NORTH 88°31'23" EAST, 158.93
FEET; THENCE NORTH 89°08'40" EAST, 418.51 FEET; THENCE NORTH 89°13'08" EAST, 331.38 FEET;
THENCE NORTH 34°18'20" WEST, 28.05 FEET TO A 1- 1/2" IRON PIPE WITH TAG STAMPED "RCE 12545"
AS SHOWN ON MAP RECORDED IN BOOK 42, PAGE 43 OF PARCEL MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, ALSO BEING A POINT ON THE NORTHERLY LINE OF SAID
PARCEL 1; SAID POINT BEING THE POINT OF TERMINUS OF SAID EAST-WEST LINE.
PARCEL B: (LOT 1 OF SLAL 15-0060 - 2015-064258) (A.P.N.: 004-706-006)
A PORTION OF LOT 129 OF THE SAN LUIS OBISPO SUBURBAN TRACT ACCORDING TO THE MAP
RECORDED FEBRUARY 7TH, 1906 AS FILED IN BOOK 1, AT PAGE 92 OF RECORD OF SURVEY S IN THE
OFFICE OF THE RECORDER FOR COUNTY OF SAN LUIS OBISPO, IN THE CITY OF SAN LUIS OBISPO,
STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT
ON THE SOUTHERLY LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER
(GOVERNMENT LOT 6) OF SAID SECTION 6, TOWNSHIP 31 SOUTH, RANGE 13 EAST, MOUNT DIABLO
BASELINE AND MERIDIAN, MARKED BY A 2”X3” REDWOOD STAKE DESIGNATED AS CORNER “C-1”
AT THE MOST EASTERLY CORNER OF SAID SAN LUIS OBISPO SUBURBAN TRACT, BEING THE
SOUTHEAST CORNER OF THAT PARCEL OF LAND CONVEYED BY INDENTURE BETWEEN JOHN
CHRISTENSEN AND JOSEPH D. GRANT RECORDED FEBRUARY 6TH, 1906, FILED IN BOOK 69, AT PAGE
37 OF DEEDS IN THE OFFICE OF THE RECORDER FOR SAID COUNTY;
THENCE, ALONG THE SOUTH LINE OF THE LAND CONVEYED BY SAID INDENTURE, BEING THE
SOUTH LINE OF LOT 129 OF SAID SAN LUIS OBISPO SUBURBAN TRACT, AND ALONG THE NORTH
LINE OF GOVERNMENT LOT 7 OF SAID SECTION 6 AS CONVEYED TO ALLEN E. RIGHETTI BY JOINT
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TENANCY DEED RECORDED AUGUST 28TH, 1944, FILED IN BOOK 365, AT PAGE 457 OF OFFICIAL
RECORDS IN THE OFFICE OF THE RECORDER FOR SAID COUNTY, NORTH 88° 53’ 32” WEST, 299.07
FEET;
THENCE, LEAVING THE SOUTH LINE OF SAID LOT 129, NORTH 66° 04’ 22” WEST, 488.16 FEET;
THENCE, NORTH 88° 35’ 31” WEST, 587.42 FEET;
THENCE, NORTH 31° 59’ 46” WEST, 344.98 FEET TO THE SOUTHEASTERLY LINE OF LOT 128 OF SAID
SAN LUIS OBISPO SUBURBAN TRACT AS CONVEYED BY INDENTURE BETWEEN J. D. GRANT AND E.
F. G. SAKER FILED IN BOOK 74, AT PAGE 437 OF DEEDS IN THE OFFICE OF THE RECORDER FOR SAID
COUNTY;
THENCE, ALONG THE SOUTHEASTERLY LINE OF SAID LOT 128, NORTH 58° 00’ 14” EAST, 870.62 FEET
TO THE NORTHERN MOST CORNER OF SAID LOT 129 ON THE NORTHEASTERLY LINE OF SAID
PARCEL LAND CONVEYED BY INDENTURE BETWEEN JOHN CHRISTENSEN AND JOSEPH D. GRANT
RECORDED FEBRUARY 6TH, 1906, FILED IN BOOK 69, AT PAGE 37 OF DEEDS IN THE OFFICE OF THE
RECORDER FOR SAID COUNTY;
THENCE, ALONG THE NORTHEASTERLY LINE OF SAID PARCEL LAND CONVEYED BY INDENTURE
BETWEEN JOHN CHRISTENSEN AND JOSEPH D. GRANT, SOUTH 38° 30’ 37” EAST, 788.52 FEET TO
CORNER “C-4” AS DESIGNATED THEREIN;
THENCE, CONTINUING ALONG THE NORTHEASTERLY LINE OF SAID PARCEL LAND CONVEYE D BY
INDENTURE BETWEEN JOHN CHRISTENSEN AND JOSEPH D. GRANT, SOUTH 38° 50’ 37” EAST, 455.88
FEET TO THE POINT OF BEGINNING.
PARCEL C: (LOT 2 OF SLAL 15-0060 - 2015-064258)(A.P.N.: 004-706-007)
PORTIONS OF LOTS 129, 131 AND 132 OF THE SAN LUIS OBISPO SUBURB AN TRACT ACCORDING TO
THE MAP RECORDED FEBRUARY 7TH, 1906 AS FILED IN BOOK 1, AT PAGE 92 OF RECORD OF
SURVEYS IN THE OFFICE OF THE RECORDER FOR COUNTY OF SAN LUIS OBISPO, IN THE CITY OF
SAN LUIS OBISPO, STATE OF CALIFORNIA, AND ALL OF PARCEL 3 OF COAL 88-083 ACCORDING TO
THAT CERTIFICATE OF COMPLIANCE FILED IN BOOK 3181, AT PAGE 644 OF OFFICIAL RECORDS IN
THE OFFICE OF THE RECORDER FOR SAID COUNTY, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT A POINT ON THE SOUTHERLY LINE OF THE NORTHWEST QUARTER O F THE
SOUTHWEST QUARTER (GOVERNMENT LOT 6) OF SECTION 6, TOWNSHIP 31 SOUTH, RANGE 13 EAST,
MOUNT DIABLO BASELINE AND MERIDIAN, MARKED BY A 2”X3” REDWOOD STAKE DESIGNATED
AS CORNER “C-1” AT THE MOST EASTERLY CORNER OF SAID SAN LUIS OBISPO SUBURBAN TRACT,
AND MARKING THE SOUTHEAST CORNER OF THAT PARCEL OF LAND CONVEYED BY INDENTURE
BETWEEN JOHN CHRISTENSEN AND JOSEPH D. GRANT RECORDED FEBRUARY 6TH, 1906, FILED IN
BOOK 69, AT PAGE 37 OF DEEDS IN THE OFFICE OF THE RECORDER FOR SAID COUNTY;
THENCE, ALONG THE SOUTH LINE OF THE LAND CONVEYED BY SAID INDENTURE, ALONG THE
SOUTH LINE OF LOT 129 OF SAID SAN LUIS OBISPO SUBURBAN TRACT, AND ALONG THE NORTH
LINE OF GOVERNMENT LOT 7 OF SAID SECTION 6 AS CONVEYED TO ALLEN E. RIGHETTI BY JOINT
TENANCY DEED RECORDED AUGUST 28TH, 1944, FILED IN BOOK 365, AT PAGE 457 OF OFFICIAL
RECORDS IN THE OFFICE OF THE RECORDER FOR SAID COUNTY, NORTH 88° 53’ 32” WEST, 299.07
FEET TO THE TRUE POINT OF BEGINNING;
THENCE, LEAVING THE NORTH LINE OF SAID LOT 129, NORTH 66° 04’ 22” WEST, 488.16 FEET;
THENCE, NORTH 88° 35’ 31” WEST, 587.42 FEET; THENCE, NORTH 31° 59’ 46” WEST, 344.98 FEET TO
THE SOUTHEASTERLY LINE OF LOT 128 OF SAID SAN LUIS OBISPO SUBURBAN TRACT AS
CONVEYED BY INDENTURE BETWEEN J. D. GRANT AND E. F. G. SAKER FILED IN BOOK 74, AT PAGE
437 OF DEEDS IN THE OFFICE OF THE RECORDER FOR SAID COUNTY;
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THENCE, ALONG THE SOUTHEASTERLY LINE OF SAID LOT 128, SOUTH 58° 00’ 14” WEST, 444.97 FEET
TO THE SOUTHERN MOST CORNER THEREOF;
THENCE, ALONG THE SOUTHWESTERLY LINE OF SAID LOT 128, NORTH 32° 02’ 46” WEST, 463.44 FEET
TO THE WESTERN MOST CORNER THEREOF MARKED BY A ONE INCH IRON PIPE WITH TAG
STAMPED LS 2391 AS SHOWN ON THAT MAP FILED IN BOOK 77, AT PAGE 43 OF RECORD OF SURVEYS
IN THE OFFICE OF THE RECORDER FOR SAID COUNTY;
THENCE, ALONG THE SOUTHWESTERLY LINE OF THE WEST HALF OF LOT 127 OF SAID SAN LUIS
OBISPO SUBURBAN TRACT AS CONVEYED BY INDENTURE BETWEEN J. D. GRANT AND LOUIS T.
STEEN FILED IN BOOK 76, AT PAGE 472 OF DEEDS IN THE OFFICE OF THE RECORDER FOR SAID
COUNTY, NORTH 31° 56’ 57” WEST, 462.34 FEET TO THE WESTERN MOST CORNER THEREOF MARKED
BY A ¾ INCH IRON PIPE WITH TAG STAMPED RCE 32981 AS SHOWN ON SAID MAP FILED IN BOOK 77,
AT PAGE 43 OF RECORD OF SURVEYS;
THENCE, ALONG THE SOUTHEASTERLY LINE OF LOT 133 OF SAID SAN LUIS OBISPO SUBURBAN
TRACT AS CONVEYED BY INDENTURE BETWEEN J. D. GRANT, AND A. C. SHUSTER FILED IN BOOK
79, AT PAGE 389 OF DEEDS IN THE OFFICE OF THE RECORDER FOR SAID COUNTY, SOUTH 57° 59’ 25”
WEST, 312.04 FEET; THENCE, LEAVING THE SOUTHEASTERLY LINE OF SAID LOT 133, SOUTH 32° 00’
54” EAST, 874.62 FEET;
THENCE, SOUTH 8° 58’ 46” EAST, 74.19 FEET;
THENCE, SOUTH 15° 34’ 28” EAST, 72.08 FEET;
THENCE, SOUTH 10° 38’ 54” WEST, 72.61 FEET;
THENCE, SOUTH 21° 51’ 31” WEST, 59.43 FEET;
THENCE, SOUTH 27° 18’ 45” WEST, 57.90 FEET;
THENCE, SOUTH 32° 38’ 22” WEST, 57.90 FEET;
THENCE, SOUTH 37° 57’ 58” WEST, 57.90 FEET;
THENCE, SOUTH 43° 17’ 35” WEST, 57.90 FEET;
THENCE, SOUTH 52° 49’ 18” WEST, 71.66 FEET;
THENCE, SOUTH 60° 31’ 34” WEST, 57.48 FEET;
THENCE, NORTH 32° 06’ 43” WEST, 90.22 FEET;
THENCE, SOUTH 57° 59’ 04” WEST, 69.30 FEET;
THENCE, NORTH 32° 00’ 54” WEST, 46.00 FEET;
THENCE, SOUTH 87° 18’ 08” WEST, 21.31 FEET;
THENCE, NORTH 32° 00’ 54” WEST, 856.87 FEET;
THENCE, NORTH 29° 32’ 22” WEST, 110.41 FEET;
THENCE, NORTH, ALONG A TANGENT CURVE TO THE RIGHT WITH A 52.50 FOOT RADIUS, THROUGH
A CENTRAL ANGLE OF 58° 09’ 47”, AN ARC LENGTH OF 53.30 FEET;
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THENCE, NORTH 32° 00’ 35” WEST, 5.92 FEET TO A POINT THAT LIES 30.00 FEET OFFSET
SOUTHEASTERLY AS MEASURED AT A RIGHT ANGLE FROM THE SOUTHEASTERLY LINE OF SAID
LOT 133;
THENCE, ALONG A LINE THAT LIES 30.00 FEET OFFSET SOUTHEASTERLY AS MEASURED AT A RIGHT
ANGLE FROM THE SOUTHEASTERLY LINE OF SAID LOT 133, SOUTH 57° 59’ 25” WEST, 201.38 FEET TO
THE SOUTHWESTERLY LINE OF LOT 132 OF SAID SAN LUIS OBISPO SUBURBAN TRACT AS
CONVEYED BY INDENTURE BETWEEN J. D. GRANT AND L. J. BECKETT ET AL, FILED IN BOOK 75, AT
PAGE 328 OF DEEDS IN THE OFFICE OF THE RECORDER FOR SAID COUNTY, BEING A POINT ON THE
NORTHEASTERN LINE OF THE SOUTHERN PACIFIC RAILROAD COMPANY RIGHT-OF-WAY AS
SHOWN ON SAID MAP OF THE SAN LUIS OBISPO SUBURBAN TRACT;
THENCE, ALONG THE NORTHEASTERN LINE OF THE SOUTHERN PACIFIC RAILROAD COMPANY
RIGHT-OF-WAY AS SHOWN ON SAID MAP OF THE SAN LUIS OBISPO SUBURBAN TRACT, SOUTH 32°
01’ 59” EAST, 2072.21 FEET TO THE NORTH LINE OF PARCEL 1 OF COAL 88 -083 ACCORDING TO THAT
CERTIFICATE OF COMPLIANCE FILED AS DOCUMENT NUMBER 1988- 044493 OF OFFICIAL RECORDS
IN THE OFFICE OF THE RECORDER FOR SAID COUNTY, AT THE NORTHWEST CORNER OF LOT 132 OF
TRACT 1376 ACCORDING TO THAT MAP, FILED IN BOOK 14, AT PAGE 77 OF MAPS IN THE OFFICE OF
THE RECORDER FOR SAID COUNTY, AS M ARKED BY A RAILROAD SPIKE SHOWN ON SAID MAP
FILED IN BOOK 77, AT PAGE 43 OF RECORD OF SURVEYS;
THENCE, ALONG THE NORTH LINE OF PARCEL 1 OF COAL 88-083 ACCORDING TO SAID CERTIFICATE
OF COMPLIANCE FILED AS DOCUMENT NUMBER 1988-044493 OF OFFICIAL RECORDS, SOUTH 88° 34’
52” EAST, 559.57 FEET TO A 1 ½ INCH IRON PIPE WITH TAG STAMPED LS 5201 AS SHOWN ON SAID
MAP OF TRACT 1376; THENCE, CONTINUING ALONG THE NORTH LINE OF PARCEL 1 OF COAL 88-083
ACCORDING TO SAID CERTIFICATE OF COMPLIANCE FILED AS DOCUMENT NUMBER 1988-044493 OF
OFFICIAL RECORDS THE FOLLOWING FIVE COURSES:
1. SOUTH 88° 17’ 04” EAST, 198.73 FEET TO A 1 ½ INCH IRON PIPE WITH TAG STAMPED LS
5201 AS SHOWN ON SAID MAP FILED IN BOOK 14, AT PAGE 77 OF MAPS;
2. SOUTH 89° 04’ 24” EAST, 107.76 FEET TO A 1 ½ INCH IRON PIPE WITH TAG STAMPED LS
5201 AS SHOWN ON SAID MAP FILED IN BOOK 14, AT PAGE 77 OF MAPS;
3. SOUTH 87° 36’ 47” EAST, 92.75 FEET TO A 1 ½ INCH IRON PIPE WITH TAG STAMPED LS
5201 AS SHOWN ON SAID MAP FILED IN BOOK 14, AT PAGE 77 OF MAPS;
4. SOUTH 88° 29’ 54” EAST, 267.67 FEET TO A 1 ½ INCH IRON PIPE WITH TAG STAMPED LS
5201 AS SHOWN ON SAID MAP FILED IN BOOK 14, AT PAGE 77 OF MAPS;
5. SOUTH 87° 53’ 46” EAST, 10.35 FEET TO A 1 ½ INCH IRON PIPE WITH TAG STAMPED RCE
12545 MARKING THE SOUTHWEST CORNER OF SAID SECTION 6 AS SHOWN ON SAID MAP
FILED IN BOOK 14, AT PAGE 77 OF MAPS;
THENCE, LEAVING THE NORTHERN BOUNDARY OF SAID PARCEL 1 OF LOT LINE ADJUSTMENT
COAL 88-083, ALONG THE WEST LINE OF SAID SECTION 6, NORTH 01° 17’ 21” EAST, 1333.32
FEET TO THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 7;
THENCE, ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 7, SOUTH 88° 53’ 32” EAST, 599.99
FEET TO THE TRUE POINT OF BEGINNING.
PARCEL D: (LOT 3 OF SLAL 15-0060 - 2015-064258) (A.P.N.: 004-706-008)
PORTIONS OF LOTS 131 AND 132 OF THE SAN LUIS OBISPO SUBURBAN TRACT ACCORDING TO THE
MAP RECORDED FEBRUARY 7TH, 1906 AS FILED IN BOOK 1, AT PAGE 92 OF RECORD OF SURVEYS IN
THE OFFICE OF THE RECORDER FOR COUNTY OF SAN LUIS OBISPO, IN THE CITY OF SAN LUIS
OBISPO, STATE OF CALIFORNIA, AND A PORTION OF PARCEL 3 OF COAL 88-083 ACCORDING TO
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THAT CERTIFICATE OF COMPLIANCE FILED IN BOOK 3181, AT PAGE 644 OF OFFICIAL RECORDS IN
THE OFFICE OF THE RECORDER FOR SAID COUNT Y, MORE PARTICULARLY DESCRIBED AS
FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 132 OF THE SAN LUIS
OBISPO SUBURBAN TRACT AS CONVEYED BY INDENTURE BETWEEN J. D. GRANT AND L. J. BECKETT
ET AL, FILED IN BOOK 75, AT PAGE 328 OF DEEDS IN THE OFFIC E OF THE RECORDER FOR SAID
COUNTY, BEING A POINT ON THE NORTHEASTERN LINE OF THE SOUTHERN PACIFIC RAILROAD
COMPANY RIGHT-OF-WAY AS SHOWN ON SAID MAP OF THE SAN LUIS OBISPO SUBURBAN TRACT;
THENCE, ALONG THE NORTHWESTERLY LINE OF SAID LOT 132, NORTH 57° 59’ 25” EAST, 745.92 FEET;
THENCE, LEAVING THE NORTHWESTERLY LINE OF SAID LOT 132, SOUTH 32° 00’ 54” EAST, 874.62
FEET;
THENCE, SOUTH 8° 58’ 46” EAST, 74.19 FEET;
THENCE, SOUTH 15° 34’ 28” EAST, 72.08 FEET;
THENCE, SOUTH 10° 38’ 54” WEST, 72.61 FEET;
THENCE, SOUTH 21° 51’ 31” WEST, 59.43 FEET;
THENCE, SOUTH 27° 18’ 45” WEST, 57.90 FEET;
THENCE, SOUTH 32° 38’ 22” WEST, 57.90 FEET;
THENCE, SOUTH 37° 57’ 58” WEST, 57.90 FEET;
THENCE, SOUTH 43° 17’ 35” WEST, 57.90 FEET;
THENCE, SOUTH 52° 49’ 18” WEST, 71.66 FEET;
THENCE, SOUTH 60° 31’ 34” WEST, 57.48 FEET;
THENCE, NORTH 32° 06’ 43” WEST, 90.22 FEET;
THENCE, SOUTH 57° 59’ 04” WEST, 69.30 FEET;
THENCE, NORTH 32° 00’ 54” WEST, 46.00 FEET;
THENCE, SOUTH 87° 18’ 08” WEST, 21.31 FEET;
THENCE, NORTH 32° 00’ 54” WEST, 856.87 FEET;
THENCE, NORTH 29° 32’ 22” WEST, 110.41 FEET;
THENCE, NORTHERLY, ALONG A TANGENT CURVE TO THE RIGHT WITH A 52.50 FOOT RADIUS,
THROUGH A CENTRAL ANGLE OF 58° 09’ 47”, AN ARC LENGTH OF 53.30 FEET;
THENCE, NORTH 32° 00’ 35” WEST, 5.92 FEET TO A POINT THAT LIES 30.00 FEET OFFSET
SOUTHEASTERLY AS MEASURED AT A RIGHT ANGLE FROM THE SOUTHEASTERLY LINE OF SAID
LOT 133;
THENCE, ALONG A LINE THAT LIES 30.00 FEET OFFSET SOUTHEASTERLY AS MEASURED AT A RIGHT
ANGLE FROM THE SOUTHEASTERLY LINE OF SAID LOT 133, SOUTH 57° 59’ 25” WEST, 201.38 FEET TO
THE SOUTHWESTERLY LINE OF LOT 132 OF SAID SAN LUIS OBISPO SUBURBAN TRACT AS
CONVEYED BY INDENTURE BETWEEN J. D. GRANT AND L. J. BECKETT ET AL, FILED IN BOOK 75, AT
PAGE 328 OF DEEDS IN THE OFFICE OF THE RECORDER FOR SAID COUNTY, BEING A POINT ON THE
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NORTHEASTERN LINE OF THE SOUTHERN PACIFIC RAILROAD COMPANY RIGHT-OF-WAY AS
SHOWN ON SAID MAP OF THE SAN LUIS OBISPO SUBURBAN TRACT;
THENCE, ALONG THE NORTHEASTERN LINE OF THE SOUTHERN PACIFIC RAILROAD COMPANY
RIGHT-OF-WAY AS SHOWN ON SAID MAP OF THE SAN LUIS OBISPO SUBURBAN TRACT, NORTH 32°
01’ 59” WEST, 30.00 FEET TO THE POINT OF BEGINNING.
PARCEL E: (LOT 3 OF SLAL 15-0104 – 2016-043143) (A.P.N.: 004-706-011)
PORTION OF LOT 127 OF THE SAN LUIS OBISPO SUBURBAN TRACT ACCORDING TO THE MAP
RECORDED FEBRUARY 7, 1906 AS FILED IN BOOK 1, AT PAGE 92 OF RECORD OF SURVEYS IN THE
OFFICE OF THE RECORDER FOR COUNTY OF SAN LUIS OBISPO, IN THE CITY OF SAN LUIS OBISPO,
COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 127 OF THE SAN LUIS OBISPO
SUBURBAN TRACT AS CONVEYED BY INDENTURE BETWEEN J.D. GRANT AND LOUIS T. STEEN,
FILED IN BOOK 76, AT PAGE 472 OF DEEDS IN THE OFFICE OF THE RECORDER FOR SAID COUNTY
MARKED BY A ¾ INCH IRON PIPE WITH TAG STAMPED RCE 32981 AS SHOWN ON THAT MAP FILED
IN BOOK 94, AT PAGE 91 OF RECORD OF SURVEYS IN THE OFFICE OF THE RECORDER FOR SAID
COUNTY, SAID CORNER BEING THE MOST SOUTHERLY CORNER OF LOT 126 AS SAID LOT IS SHOWN
ON THE ABOVE DESCRIBED MAP OF THE SAN LUIS OBISPO SUBURBAN TRACT;
THENCE, ALONG THE SOUTHWESTERLY LINE OF SAID LOT 127, SOUTH 31° 56’ 57” EAST, 462.34 FEET
TO THE MOST SOUTHERLY CORNER OF SAID LOT 127 MARKED BY A ONE INCH IRON PIPE WITH TAG
STAMPED LS 2391 AS SHOWN ON THAT MAP FILED IN BOOK 77, AT PAGE 43 OF RECORD OF SURVEYS
IN THE OFFICE OF THE RECORDER FOR SAID COUNTY; THENCE, ALONG THE SOUTHEASTERLY LINE
OF SAID LOT 127, NORTH 58° 00’ 05” EAST, 626.89 FEET;
THENCE, LEAVING THE SOUTHEASTERLY LINE OF SAID LOT 127, NORTH 31° 56’ 58” WEST, 221.38
FEET;
THENCE, SOUTH 58° 03’ 02” WEST, 19.53 FEET;
THENCE, NORTH 31° 56’ 58” WEST, 240.92 FEET TO A POINT IN THE LINE COMMON TO LOTS 126 AND
127;
THENCE ALONG SAID COMMON LINE, SOUTH 58° 00’ 14” WEST, 607.36 FEET TO THE POINT OF
BEGINNING.
PARCEL E-1:
AN EASEMENT FOR PRIVATE INGRESS AND EGRESS OVER THE FOLLOWING DESCRIBED REAL
PROPERTY: PORTION OF LOT 127 OF THE SAN LUIS OBISPO SUBURBAN TRACT ACCORDING TO THE
MAP
RECORDED FEBRUARY 7, 1906 AS FILED IN BOOK 1, AT PAGE 92 OF RECORD OF SURVEYS IN
THE OFFICE OF THE RECORDER FOR COUNTY OF SAN LUIS OBISPO, IN THE CITY OF SAN LUIS
OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST WESTERLY CORNER OF SAID LOT 127 OF THE SAN LUIS OBISPO
SUBURBAN TRACT AS CONVEYED BY INDENTURE BETWEEN J.D. GRANT AND LOUIS T. STEEN,
FILED IN BOOK 76, AT PAGE 472 OF DEEDS IN THE OFFICE OF THE RECORDER FOR SAID
COUNTY, MARKED BY A ¾ INCH IRON PIPE WITH TAG STAMPED RCE 32981 AS SHOWN ON
THAT MAP FILED IN BOOK 94, AT PAGE 91 OF RECORD OF SURVEYS IN THE OFFICE OF THE
RECORDER FOR SAID COUNTY, SAID CORNER BEING THE MOST SOUTHERLY CORNER OF LOT
126 AS SAID LOT IS SHOWN ON THE ABOVE DESCRIBED MAP OF THE SAN LUIS OBISPO
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SUBURBAN TRACT;
THENCE, NORTHEASTERLY ALONG THE LINE COMMON TO SAID LOTS 126 AND 127, NORTH
58° 00’ 14” EAST, 607.36 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID COMMON LINE NORTH 58° 00’ 14” EAST, 172.29 FEET;
THENCE LEAVING SAID COMMON LINE, EASTERLY, ALONG A TANGENT CURVE TO THE RIGHT
WITH A 250.00 FOOT RADIUS, THROUGH A CENTRAL ANGLE OF 26° 20’ 47”, AN ARC LENGTH
OF 114.96 FEET;
THENCE, NORTH 84° 21’ 01” EAST, 124.60 FEET;
THENCE, EASTERLY, ALONG A TANGENT CURVE TO THE LEFT WITH A 250.00 FOOT RADIUS,
THROUGH A CENTRAL ANGLE OF 32° 52’ 34”, AN ARC LENGTH OF 143.45 FEET;
THENCE, NORTH 51° 28’ 27” EAST, 79.86 FEET TO A POINT IN THE NORTHEASTERLY LINE OF
THAT PARCEL OF LAND CONVEYED BY INDENTURE BETWEEN JOHN CHRISTENSEN AND JOSEPH D.
GRANT FILED IN BOOK 69, AT PAGE 37 OF DEEDS IN THE OFFICE OF THE RECORDER FOR SAID
COUNTY;
THENCE, ALONG SAID NORTHEASTERLY LINE, SOUTH 38° 30’ 34” EAST, 30.00 FEET;
THENCE, LEAVING SAID NORTHEASTERLY LINE, SOUTH 51° 28’ 27” WEST, 79.85 FEET;
THENCE, WESTERLY, ALONG A TANGENT CURVE TO THE RIGHT WITH A 280.00 FOO T RADIUS,
THROUGH A CENTRAL ANGLE OF 32° 52’ 34”, AN ARC LENGTH OF 160.66 FEET;
THENCE, SOUTH 84° 21’ 01” WEST, 124.60 FEET;
THENCE, WESTERLY, ALONG A TANGENT CURVE TO THE LEFT WITH A 220.00 FOOT RADIUS,
THROUGH A CENTRAL ANGLE OF 26° 20’ 47” AN ARC LENGTH OF 101.16 FEET;
THENCE, SOUTH 58° 00’ 14” WEST, 172.32 FEET;
THENCE, NORTH 31° 56’ 58” WEST, 30.00 FEET; TO THE TRUE POINT OF BEGINNING.
APN: 004-706-006, 004-706-007, 004-706-008, 004-706-011 and 004-707-001
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LEGAL DESCRIPTION OF THE PROPERTY – TRACT 3063
Real property in the City of San Luis Obispo, County of San Luis Obispo, State of California,
described as follows:
PARCEL A: (A.P.N.: PORTION OF 004-705-013)
LOT B OF TRACT 3066-PHASE 1, IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO,
STATE OF CALIFORNIA, ACCORDING TO MAP RECORDED DECEMBER 21, 2016 IN BOOK 36, PAGES
41 THROUGH 45 OF MAPS.
PARCEL B:
AN EASEMENT FOR INGRESS AND EGRESS ON, OVER AND ACROSS THE FOLLOWING DESCRIBED
PROPERTY: A STRIP OF LAND 60.00 FEET IN WIDTH OVER A PORTION OF LOT A AS SAID LOT IS
SHOWN ON THE MAP OF TRACT 3066 – PHASE 1 RECORDED DECEMBER 21, 2016 IN BOOK 36 OF
MAPS AT PAGES 41 THROUGH 45, IN THE OFFICE OF THE COUNTY CLERK RECORDER, SAID STRIP
HAVING BEEN OFFERED FOR DEDICATION FOR RIGHT OF WAY PURPOSES ON SAID MAP, AND
BEING MORE PARTICULARLY DESCRIBED AS FO LLOWS: BEGINNING AT THE CORNER COMMON
TO LOT A, LOT B AND TIBURON WAY AS SAID LOTS AND PUBLIC ROAD ARE SHOWN ON THE
HEREINABOVE DESCRIBED MAP OF TRACT 3066 – PHASE 1;
THENCE ALONG THE NORTHERLY LINE OF TIBURON WAY ALONG THE ARC OF A CURVE TO THE
RIGHT HAVING A RADIUS WHICH BEARS SOUTH 15° 35’ 24” EAST 280.00 FEET, THROUGH A
CENTRAL ANGLE OF 9° 56’ 24” AN ARC DISTANCE OF 48.58 FEET;
THENCE NORTH 84° 21’ 01” EAST 124.60 FEET;
THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 220.00 FEET
THROUGH A CENTRAL ANGLE OF 32° 52’ 34” AN ARC DISTANCE OF 126.24 FEET;
THENCE NORTH 51° 28’ 27” EAST 79.86 FEET TO A POINT IN THE WESTERLY LINE OF ORCUTT
ROAD AS SAID ROAD IS SHOWN ON THE MAP OF THE SAN LUIS OBISPO SUBURBAN TRACT
ACCORDING TO THE MAP RECORDED FEBRUARY 7, 1906 IN BOOK 1 OF RECORD OF SURVEYS
AT PAGE 92 IN THE OFFICE OF THE SAN LUIS OBISPO COUNTY RECORDER;
THENCE ALONG THE WESTERLY LINE OF ORCUTT ROAD SOUTH 38° 30’ 34” EAST 60.00 FEET;
THENCE SOUTH 51° 28’ 27” WEST 79.85 FEET;
THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 280.00
FEET THROUGH A CENTRAL ANGLE OF 32° 52’ 34” AN ARC DISTANCE OF 160.66 FEET;
THENCE SOUTH 84° 21’ 01 WEST 124.60 FEET;
THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 220.00
FEET THROUGH A CENTRAL ANGLE OF 9° 56’ 24” AN ARC DISTANCE OF 38.17 FEET;
THENCE NORTH 15° 35’ 24” WEST 60.00 FEET TO THE POINT OF BEGINNING AND TERMINUS OF THIS
DESCRIPTION.
APN: Ptn of 004-705-013
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EXHIBIT B DEPICTION OF DEDICATION PARCEL
A copy of this map is available at the City of San Luis Obispo Community Development Dept. Packet Pg. 15912
EXHIBIT C PHASING MAP OF RIGHETTI RANCH, JONES, AND IMEL [ SHOWING LOCATION OF AFFORDABLE UNITS]
A Copy of this map is available at the City of San Luis Obispo Community Development Dept. Packet Pg. 16012
MAP SHOWING LOCATION OF AFFORDABLE UNITS TO BE BUILT ON JONES
A copy of this map is available for review at the City of San Luis Obispo Community Development Department.
Location of
nine moderate
income, two
bedroom units Packet Pg. 16112
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blank.
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