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HomeMy WebLinkAboutD-1767 APN: 076-352-050, 076-352-051, 076-35-017 Recorded 05/19/2008RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO. City of San Luis Obispo City Clerk's Office 990 Palm Street San Luis Obispo, CA 93401 -3249 JULIE RODEWAO San Luis Obispo CoW Clerk/Recorder Recorded at the request of Public SC 5/19/2008 3:41 PM 0 O C #: 2008026112 Tines: 1 Pages: g as 0.00 Taxes 0.00 Others 0.00 PAID $0.00 APN: 076 - 352 -050, 076 - 352 -051, 076 - 352 -01 PRE - ANNEXATION AGREEMENT BY AND BETWEEN THE CITY OF SAN LUIS OBISPO AND THE MILLER FAMILY TRUST THIS AGREEMENT is dated, for reference purposes only, as of April 1, 2008, and is entered into by and among the CITY OF SAN LUIS OBISPO, a chartered municipal corporation, (hereinafter referred to as "CITY ") whose mailing address is 990 Palm Street, San Luis Obispo, California 93401; and Robert J. Muller, Trustee of the Miller Family Trust (hereinafter referred to as "OWNER ") whose mailing address is 23358 Jefferson Point Road NE, Kingston, Washington 98346, pursuant to the authority of the City Charter and the Cortese-Knox- Hertzberg Local Government Reorganization Act of 2000 as set forth in Sections 56000 et. seq. of the California Government Code. Unless otherwise provided herein, CITY and OWNER shall be hereinafter referred to collectively as the "Parties" and singularly as a "Party." RECITALS WHEREAS, Robert J. Miller, Trustee of the Miller Family Trust is the OWNER in fee of certain real property in an unincorporated area of the County of San Luis Obispo, APN Nos. 076 -352- 050, 076 - 352 -051 and 076 -352 -017, (the "Property ") a legal description of which is attached hereto as Exhibit A and incorporated herein; and WHEREAS, the CITY, by vote of its City Council on May 1, 2007 on File No.: ANNX 172 -05 has proposed that the Property be annexed to the City of San Luis Obispo along with other properties in the AASP; and WHEREAS, the Airport Area Specific Plan (AASP) and the related Facilities Masters Plans have been adopted for the purpose of identifying appropriate land uses for the Property and other properties within the annexation area; and WHEREAS, the AASP identifies the infrastructure needed to serve existing and/or future development of the Property, including, but not limited to, utilities, water and sewer service, roadways, bikeways, transit lines, and drainage improvements, and includes mechanisms to finance these public improvements; and WHEREAS, upon annexation the Property is entitled to the same level of police and fire protection that. is available to other new users in the city and subject to the same laws, rules, regulations; and -1- 873665.7 11903.002 WHEREAS, to . provide for the city's orderly growth and development, consistent with the General Plan, the PARTIES anticipate that the 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. RECITALS. The foregoing Recitals are made as part hereof and incorporated by this reference. 2. CITY FINDINGS. The CITY finds and determines that, as of the effective date of this Agreement, the conditions, limitations and rights imposed by this Agreement: A. Are not detrimental to the health, safety or welfare of persons working or living at the site ( "Property ") or within the vicinity of the Property; B. The use of the Property as provided in this Agreement does not jeopardize persons or property within or adjacent to the Property; and C. Does not damage the resources of the Property and/or its surroundings. 3. ANNEXATION OF THE ANNEXED PROPERTY. CITY shall apply for and diligently pursue annexation of the Annexed Property subject to the following: A. 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, to the same extent and subject to the same conditions and restrictions as other new users. Fire Protection and Police Service. Except as provided herein, CITY agrees to provide fire protection and police service to the Property subject to the same laws, rules, and regulations applicable to other similarly situated property within the City. Water Service. CITY agrees to provide water service, as available, for fire fighting and domestic purposes to the subject property upon request of OWNER, and is subject to the same laws, rules, regulations, and fees applicable to other new users in the City under similar circumstances. Use of on -site ground water for potable or non - potable uses may continue for on -site development indefinitely, provided applicable State, County and City standards are met. Even if and when OWNER requests potable water service for domestic purposes, including the office, the OWNER may in his/her sole discretion continue to use groundwater from the well for manufacturing, landscaping and other non - potable purposes. If the water well must be abandoned, the OWNER shall comply with applicable State and County regulations regarding well abandonment. However, the OWNER may drill a new well at his/her sole expense. -2- 873665.7 11903.002 Sewer Service. CITY agrees to provide sanitary sewer service, as available, to the subject property upon request of the OWNER subject to the same laws, rules, regulations, and fees applicable to other new users in the City under similar circumstances. Use of existing on -site septic systems may continue, including the right to expand, maintain and repair the existing septic systems, including but not limited to the leach lines, at the option of OWNER, for approved on -site development, provided applicable State, County and City Health Department standards are met. Use of on -site septic systems, including the right to expand, maintain and repair existing septic systems, shall continue, at the option of OWNER, for approved on -site operations and uses, provided applicable discharge standards are met. In the event of abandonment of septic system(s), OWNER shall comply with applicable State and County regulations regarding septic tank repair or abandonment. If the septic system fails, OWNER has the option of installing a new septic system instead of connecting to the City's sewer system. B. EXISTING AND FUTURE DEVELOPMENT. Subject to OWNER's rights and CITY's obligations and limitations as identified in this Agreement, further development of the Property shall be subject to City policies that would be applied to other properties in the City under similar circumstances, including, but not limited to, the General Plan, Airport Specific Plan and other provisions of the Municipal Code and State laws. Non - Conforming Uses. Existing operations and uses that were established but that do not conform to the list of allowed uses provided in the AASP, or the City's Zoning Regulations, shall be allowed to continue indefinitely. When a non- conforming use ceases for a period for six (6) months, the non - conforming status will be lost and the new use must conform to the list of allowed uses, as applied to other properties with the same zoning regulations. With the approval of Administrative Use Permit, one non - conforming use shall be allowed to be replaced with any other non - conforming use, provided the Hearing Officer determines that the new use has similar or less severe impacts on its surroundings in terms of noise, traffic, parking demand hours of operation and visual incompatibility. A non- conforming single - family home may be continued without limitation. Expansion of Existing Uses. With the approval of an Administrative Use Permit, expansion of the existing use shall be allowed, provided the Hearing Officer determines that the new use has similar or less severe impacts on its surroundings in terms of noise, traffic, parking demand hours of operation and visual incompatibility. Non - Conforming Structures. The existing structures (office buildings, warehouses and manufacturing buildings), lawfully.existed on the date of annexation, and may be used indefinitely by OWNER and its successors in interests including the right to maintain and make reasonable repairs to such structures and to replace the structures consistent with city regulations. Changes to structural elements, interior partitions or other nonstructural improvements and repair may be made to any of the structures. -3- 873665.7 11903.002 • • C. 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 the Building Code, Fire Code, 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 subject to the clarifications set forth in this Agreement. D. STORAGE. Owner's existing storage practices, to the extent that they conflict with City standards, shall be considered a legal non - conforming use and OWNER shall be allowed to continue storing its materials and products consistent with its existing storage operations and practices. E. PARKING. The current onsite parking practices for employees and customers shall be continued as long as it is consistent with existing practices. The CITY has inspected the site and agrees that the current parking practices are consistent with current codes and regulations, and unless OWNER or a successor in interest substantially expands the operation, there is no need for additional parking spaces or to change the parking arrangement. F. PROPERTY IMPROVEMENTS. At the time of future development or redevelopment, it shall be the responsibility of OWNER to install and/or pay for improvements and fees, which may be required by permit, law, rule, or regulation. 4. CITY INSPECTIONS. The CITY police, fire, public works, community development and utilities departments (including code enforcement) have inspected the Property and have determined that the structures and uses are legal as of the effective date of the annexation. 5. ZONING. The PARTIES acknowledge that the current use and structures on the Property, as of the effective date of the annexation are permitted uses or legally nonconforming uses on the Property. The zoning for the Property will be Manufacturing- Specific Plan as described in Section 4.2.3 and Table 4.3 of the Airport Area Specific Plan and is hereby incorporated herein. The zoning allows for assembly, fabrication, storage and distribution, and sales and service type uses. Any proposed amendments to the Airport Area Specific Plan, in the zoning or changes in the permitted uses in the Manufacturing - Specific Plan OWNER shall receive notice and hearing as set forth in-the State Zoning Law (Government Code section 65850 et seq) as may be amended from time to time. 6. WAIVER OF PROTEST. In exchange for the CITY'S promises and covenants contained in this Agreement, OWNER expressly waives for itself and its successors, transferees, assignees, and subsequent purchasers of the Property, or any portion thereof, the right to challenge or contest the validity of the annexation. 7. GOOD FAITH. Where the terms of this Agreement provide for action to be based upon opinion, judgment, approval, review or determination of either party hereto, such terms are not intended to and shall never be construed to permit such opinion, judgment, approval, review or -4- 873665.7 11903.002 • • determination to be arbitrary, capricious or unreasonable. The CITY and the OWNER shall each act in good faith in performing their respective obligations as set forth in this Agreement. S. SUCCESSORS, HEIRS, AND ASSIGNS. This Agreement shall be recorded with the County Recorder and remain in effect and run with the Property until the termination or modification of the Agreement. The covenants established in this Agreement shall be binding on the Property, for the benefit and in favor of the CITY and the OWNER and any successor in interest to the Property (or any part of thereof). This Agreement is binding upon and shall inure to the benefit of the successors and assigns of the Parties. 9. COST OF ANNEXATION. CITY, without reimbursement from OWNER, shall bear the full cost of annexation, including but not limited to LAFCO costs, impact fees, (if any), compliance with the California Environmental Quality Act (CEQA) and other regulatory requirements. 10. AMENDMENTS, TIME EXTENSION OR CANCELLATION. This Agreement may be amended, extended, or canceled at any time by mutual written consent of the PARTIES or their successors in interest. 11. DEFAULT; ATTORNEY FEES. Each Party shall have the right, if this Agreement or any of its covenants is breached, to exercise all rights and remedies and to maintain any actions or suits in law or in equity or other property proceedings to enforce the curing of such breach, to which it may be entitled. Notwithstanding the foregoing, if a Party contends that another Party is in default.hereunder. such Party shall give ten (10) days written notice to cure the claimed default to the party allegedly in default. In the event of any controversy, claim, or dispute relating to this .Agreement or the breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorney's fees and costs. 12. GOVERNING LAW. This Agreement shall be construed and interpreted in accordance with and governed by the Constitution and laws of the State of California. 13. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall for all purposes be deemed to be an original, and which shall together constitute but one and the same instrument. 14. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, or sent by registered or certified mail, postage prepaid, return receipt requested, or overnight courier, or facsimile, and shall be deemed received upon the earlier of (a) if personally delivered, the date of delivery to the address of the person to receive such notice, (b) if mailed, four (4) business days after the date of posting by United States Post Office (provided that the sender has in its possession the return receipt to prove actual delivery), (c) if given by overnight courier, upon receipt by the person to receive such notice (provided that the sending party receives a confirmation of actual delivery from the courier), or (d) if sent by facsimile, when sent unless sent after 5:00 PM at the place of sending in which case the notice shall be deemed received at 9:00 AM on the next business day. Any notice or other communication sent by facsimile must also be delivered by personal delivery, United States mail or overnight courier in accordance with the foregoing and such notice or communication must be -5- 873665.7 11903.002 • • personally delivered, depbsitd 'iii the United States mail, or delivered to the overnight courier service within twenty -four (24) hours of the sending of the facsimile: To Owner: Trustee of the Miller Family Trust Attn: Robert J. Miller 23358 Jefferson Point Road NE Kinston, WA 98346 To.City: City of San Luis Obispo Attn: Audrey Hooper, City Clerk 990 Palm Street San Luis Obispo, CA 93401 Facsimile No.: With a copy to: City of San Luis Obispo Attention: City Attorney 990 Palm Street San Luis Obispo, CA 93401 Facsimile No.: 805- 781 -7409 Notice of change of address shall be given by written notice in the manner detailed in Section 14. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice or communication sent. 45. 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 written 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 the PARTIES had never entered into it. -6- 873665.7 11903.002 IN WITNESS WHEREOF, this agreement is executed on the date stated -above at San Obispo, California. ALL .SIGNATURES MUST BE NOTARIZED OWNER$ BY: 3 -a 8'- og CITY OF SAN LUIS OBISPO, Chartered Municipal Corporation BY: • Mayor, David F. Romero ATTEST:' BY: A�k' 4 2a City Clerk Audrey H oper APPROVED AS TO FORM: BY: City rney, Jonathan Lowell -7- 873665.7 11903.002 • CALIFORNIA ALL - PURPOSE 0 State of California County of On ICY;3 •2-B •2008 before me, ��!e � _ _ � 6 , Date Here Insert Name and Title of the Officer personally appeared0�2+r-!�� Name(s) of Signer(s) ------------- �ArOor�n ►8 0101001131111M +1e0 so 1 MMII �OIb o a � els��11 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(4 whose name;K is /�We subscribed to the within instrument and acknowledged to me that he /so /th/y executed the same in his/t* /th r authorized capacity(io, and that by hiWr /tVir signatureo on the instrument the person(t), or the entity upon behalf of which the persoq(gfacted, 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. WITNEIE Signatur OPTIONAL Though the information below is not required bylaw, it may prove and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document "" Title or Type of Document: Yl►'tQ�,6a_4-1 UY"., 0 Document Date: ��3 2Qj 2C 2) Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited .❑ General _ ❑ Partner — ❑ Limited ❑ General • Attorney in Fact • • Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing:. ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER .p of 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.Nabona[Notaryorg Item #5907 - Reorder: Call Tall -Free 1. 800 - 8766827 • J• FXTTTRIT A LEGAL DESCRIPTION OF PROPERTY Real property in the unincorporated area of the County of SAN LUIS OBISPO, State of CALIFORNIA, described as follows: PARCEL A: APN 076 -352 -017 Parcel 1 of Parcel Map No. CO 73 -44, in the County of San Luis Obispo, State of California, as per recorded May 30, 1973 in Book 11, page 62 of parcel maps, in the Office of the County Recorder of said County. Excepting therefrom all minerals, ores, precious and useful metals, substances and hydrocarbon of every kind and character, including petroleum, oil, gas, asphaltum and tar, in and under said land, 500 feet below surface, but without the right to use the surface of said land in connection with the development thereof, provided however, the same shall not be construed to prohibit slant drilling operations or such other separations which in no way use or in any way affect the surface rights of said land and which do not enter said land at a point less than 500 feet to said surface, as reserved in deed recorded June 25, 1973 in Book 1731, page 8 of official records.. PARCEL B: APNS 076 - 352 -050 AND 076 -352 -051 Parcel B of Lot Line Adjustment No. AL 78733, in the County -of San Luis Obispo, State of California as per certificate of compliance recorded December 4, 1979 in Book 2207, page 405 of official records, in the Office of the County Recorder of said County, described as follows: That portion of lots 30 and 31 of the Vachell Tract, in the County of San Luis Obispo, State of California, delineated parcels "A" and `B" on Parcel Map No. CO 71 -31 recorded in Parcel Map Book 7 at page 57 in the Office of the County Recorder, described as follows: Commencing at a point on the southerly line of the 7.00 foot offer of dedication along the southerly side of Suburban Road recorded in Book 1644 of official records at page 797 which bears south 00 °07'23" east 7.00 feet from the intersection of the line common to parcels "A" and "C" with the southerly line of Suburban Road according to said parcel map; thence along the southerly line of said offer of dedication due west 139.47 feet; thence south 18 °46'27" west 67.28 feet; thence south 26 °25' west 147.55 feet; thence south 00 °07'23" east 393.80 feet; thence due west 195.82 feet to a point on the easterly line of the 10 -foot offer of dedication parallel to the easterly line of McChopppin- Buckley Road recorded in Book 1644 of official records at page 797; thence along the easterly line of said offer south 00 °05'44" east 274.16 feet; thence north 89 °52'55" east 386.00 feet; thence south 00 °05'44" east 110.00 feet; thence north 89 °52'55" east 145.25 feet; thence north 00 07'23" west 918.72 feet; thence due west 108.00 feet; thence north 00 °07'23" west 54.00 feet to the true point of beginning. APN: 076 - 352- 017 -7 -5 AND 076 -352- 050 -8 -6 AND 076 - 352- 051 -6-4 END OF DOCUMENT