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Home My WebLink AboutD-1559 076-071-009 - 4280 Vachell Lane Recorded 08/28/1997RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Luis Obispo City Clerk's Office 990 Palm Street Doc No: 19046244 Official Records San Luis Obispo co. Julie L. Rodewald Recorder Aug 28, 1997 Time: 11:45 Rpt No: 00059814 NF -1 0.00 - - -— San Luis Obispo, CA 93401 -3249 ;TOTAL APN: 076- 071 -009 PRE - ANNEXATION AGREEMENT BY AND BETWEEN THE CITY OF SAN LUIS OBISPO AND PACIFIC GAS AND ELECTRIC This annexation agreement is made and entered into this I JF day of S+ , 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 Pacific Gas and Electric Company, located at 4280 Vachell Ln, 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, Pacific Gas and Electric Company, is the owner in fee of certain real property in the County of San Luis Obispo, commonly known as 4280 Vachell Ln., APN # 076- 071 -009, 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. 57 -97): 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 Pacific Gas and Electric Company portion of the annexation, with fees relative to the Thoma property to be by separate agreement and the Schriner 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: Water Service. CITY agrees to provide water service as available for fire fighting and domestic � �ss5 Pre - annexation Agreement: Pacific Gas and Electric Page 2 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 City water will require extension of the water main in South Higuera Street to at least the northerly access to the PG &E property, and provision of a City standard hydrant at the location. Water line extension on Vachell Lane would not be required if the South Higuera Street extension were of adequate size to meet fire flow requirements. PG &E would be responsible .for constructing the pipe to its City- required size (12" assumed), with reimbursement by the City for any oversizing above that required for PG &E's fire flow requirements (10" assumed) per adopted policy. PG &E would be entitled to reimbursement from any "non- participating" parties that make direct service connections with a 15 -year period, pursuant to City regulations, based on the cost of the "PG &E required" pipe size. Use of on -site ground water or other sources for potable or non - potable uses may continue for existing development on site, 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, subject to the extension of an adequate main by PG &E or others, 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. Use of existing on -site septic waste disposal systems, which were legally installed under permit from the County may continue for existing development, provided they meet County standards in effect at the time of annexation. If such systems are abandoned or fail to meet County standards, connection to the City sewer system will be required. 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. Development on the subject property must connect its fire suppression system to the water main in South Higuera Street and will be charged a monthly fire protection service fee. 2. SPECIFIC PLAN AND AREA WIDE PLANNING AND INFRASTRUCTURE FEES. Airport Area Specific Plan and Infrastructure Fee. This $15,327.00 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 $107,289.00, based upon the size of the undeveloped portion of the OWNER'S lot - 7 acres. _ OWNER has previously paid a deposit of $100,000.00 towards area -wide planning and construction of infrastructure, which shall be credited towards this cost. The remaining balance of $7,289.00 shall be paid in full, or secured by a letter of credit, prior to final Council action on the PG &E 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 Pre- annexation Agreement: Pacific Gas and Electric Page 3 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, OWNER 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. OWNER agrees to contribute $17,500.00, based upon the size of the undeveloped portion of the OWNER'S lot - 7 acres, prior to final Council action on the PG &E 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 EMPROVEMENTS. 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. Pre- annexation Agreement: Pacific Gas and Electric Page 4 • 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 V/ BY: Gary . Williams - Manager, Building and Land Services CITY OF SAN LUIS OBISPO, A Chartered Municipal Corporation Mayor Allen Settle ATTEST: ity Clerk B 'e awf APPROVED AS TO FORM: ALL - PURPOSE ACKNOWLEDGMENT ALL-PURPOSE State of California • County of "Xa' �(�C� I`SCc7 SS. On �.1 �� 5t �� before me, d(�� • I.J (DATE) 11 m (NOTARY) • personally appeared i4Q ( _ I I 1 �` SSIGNER(S) • 0 personally known to me - OR- �� *� ,,,o �•+ thn -ge *e nF ✓� ±i� farrnry VK ✓✓ &vid°nce-to be the person whose nameX 1 ism subscribed to the within instrument and acknowledged to me that help/ executed • the same in his /ballthei authorized • capacity(W, and that by hist$WI W • signatureW X,'40X'�- • PATTY K. BOWIES or the enti 1 Comm. # 1124205 • NOTARY PUBLIC. CALIFORNIA N person ac City & County of San Francisco My Comm. Expires Jan. 24, 2001 1 WITNESS t • I • OPTIONAL INFORMAT'IC The information below is not required by law. However, it could preven edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL.) DESCRIPTI ❑ INDIVIDUAL ❑ CORPORATE OFFICER 5.�n ' - TITLE(S) TIT] • ❑ PARTNER(S) • ❑ ATTORNEY -IN -FACT ' ❑ TRUSTEE(S) • ❑ GUARDIAN /CONSERVATOR ❑ OTHER: • I • SIGNER IS REPRESENTING: • NAME OF PERSON(S) OR ENTITY(IES) • APA 1/94 VALLEY- SIERRA, 800 -362 -3369 on the instrument the person, ty upon behalf of which the I ed, executed the instrument. 1 iy hand and official seal. • I NOTARY'S SIGNATURE • N • fraudulent attachment of this acknowl- 1 • DN OF ATTACHED DOCUMENT el n -eyck-h o g ('�erne�rf - • .E OR TYPE OF DOCUMENT 4 • � 1 • NUMBER OF PAGES �-6 us'f- 15 4 ( q q 7 • 1 TE OF DOCUMENT • I 0 OTHER ! END OF DOCUMENT