HomeMy WebLinkAboutD-1560 076-071-018 & 019 - 4313 South Higuera Recorded 08/28/1997;Doc No: 19970245 Rpt No: 00059815'
Official Records ;NF -1 0.00
RECORDING REQUESTED BY AND San Luis Obispo Co.
Julie L. Rodewald
WHEN RECORDED RETURN TO: Recorder
City of San Luis Obispo Aug 28, 1997
City Clerk's Office Time: 11:45
990 Palm Street r 5
San Luis Obispo, CA 93401 -3249 L :TOTAL 0.00
APN: 076 - 071 -018 & 019
PRE- ANNEXATION AGREEMENT BY AND BETWEEN
THE CITY OF SAN LUIS OBISPO AND
WILLIAM A. THOMA AND EDWARD C. THOMA
This annexation agreement is made and entered into this day of w va�-�, 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
William A. Thoma and Edward C. Thoma, located at 3562 Empleo Street, Suite C, San Luis
Obispo, California (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,"
RECITALS
WHEREAS, William A. Thoma and Edward C. Thoma are the owners in fee of certain real
property in the County of San Luis Obispo, commonly known as 4313 South Higuera Street, APN
# 076 -071 -018 and 076 -071 -019, 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 Thoma portion of the annexation, with fees relative to the
Pacific Gas and Electric property to be by separate agreement the and 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:
/s6 0
•
Pre - annexation Agreement: William & Edward Thoma
Page 2
•
Water Service. CITY agrees to provide water service as available for fire fighting and domestic
purposes to the subject property upon request of 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
extension of the water main in South Higuera Street to the southerly property line and install City
standard hydrant(s) to the satisfaction of the Fire Department. OWNERS 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 OWNERS fire flow requirements per adopted policy.
OWNERS 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 "OWNERS 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 OWNERS 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 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 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).
OWNERS hereby agrees to contribute $7,663.00, based upon the size of the OWNERS' lot - 1/2
acre. OWNERS have previously paid a deposit of $5,000.00 towards area -wide planning and
construction of infrastructure, which shall be credited towards this cost. The remaining balance
of $2,633.00 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. OWNERS may elect to pay this fee at any time
within the five year period and retire the letter of credit.
Pre - annexation Agreement: William & Edward Thoma
Page 3
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 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 $1,250.00, based upon the size of the OWNERS' lot - 1/2 acre, 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, 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 PAPROVEMENTS. 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 heirs, assigns, and personal
representatives of the PARTIES.
Pre - annexation Agreement William & Edward Thoma
Page 4
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
OWNERS
CITY OF SAN LUIS OBISPO, A Chartered Municipal Corporation
BY:
Mayor Allen Settle
ATTEST:
C' y Clerk Bo Ga
APPROVED AS TO FORM:
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I(eff `! gensen
CA^ FORNIA ALL -PURP091 ACKNOWLEDGMENT
State of CA 1.1F d 9w to
County of 'Lc,� ►5 �1sQIJ
On before me 669A M. Sm D'af-, ? -n`iC ,
DA Name and Title of Officer (e.g., Jane Doe, Notary lic ")
personally appeared W'Ak4VA A.'16MGt 0,1 ul"00-rA C • — MwK0,_ ,
Nanie(s) of Signer(s)
Ypersonally_known to me — OR — ❑ proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) Ware subscribed to the within instrument
and acknowledged to me that to /tea /they executed the
same in 1 Wbw /their authorized capacity(ies), and that by
40 /bar /their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
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Mrcomm.,
Signature of Notary Public
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Individual
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Other:
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