HomeMy WebLinkAbout2001-006716 Doc No: C7
Recording requested by:
2001 16 Rpt No: 00008755
CITY OF ARROYO GRANDE Official Records ; RF -1
San Luis Obispo Co. 19.00
When recorded mail to: Julie L. Rodewald •
Director of Public Works Recorder
City of Arroyo Grande Feb 02, 2001
P.O. Box 550 Time: 15:06
Arroyo Grande, CA 93421 J C J ;
;TOTAL 19.00
DECLARATION OF WAIVER OF 120 DAY
TIME LIMITATION PROVISION OF
GOVERNMENT CODE SECTION 66462.5
Declarant declares that this Declaration of Waiver of 120 Day Time Limitation Provision of Government
Code Section 66462.5 is made this t.3/SF day of January, 2001, by S & S HOMES, a California Corporation
( "Declarant ") based on the following facts:
A. Declarant owns the real property located in the City of Arroyo Grande, State of California,
described in Exhibit "A" attached hereto and incorporated herein by this reference (hereinafter referred to as
"Declarant's Parcel ").
B. On or about September 8, 1998, the City Council of the City of Arroyo Grande adopted
Resolution No. 3324 approving Vesting Tentative Tract Map 2260, a 180 lot subdivision of Declarant's Parcel.
C. Condition of Approval No. 39 of Resolution No. 3324 (hereinafter "Condition No. 39 ") states
that prior to recording of the map for Phase 1 of Vesting Tentative Tract Map 2260, Courtland Street, from the
southerly boundary of Tract 2260 to Ash Street shall be constructed as a collector street as follows:
a. Construct a minimum 32 feet wide portion of a total future 40 feet street width from
curb to curb.
b. Construct a five (5) feet wide detached concrete sidewalk with concrete curb and gutter
on one side of the street.
c. Construct a temporary six -inch AC berm along the other edge, offset to provide the full
32 feet width.
d. The design shall accommodate future widening and the addition of future curb, gutter
and sidewalk on the other side of the road.
e. Provide right of way as required to construct the improvements. The minimum interim
right of way shall be to the front of sidewalk on one side, and two (2) feet beyond the
back of berm on the other. A public sidewalk easement shall be provided for the CITY OF
ARRO GRANDE
FEB u ts 2001
PUBLIC WORKS DEPT.
detached sidewalk. Additional right of way dedication will be required of the adjacent
parcels, consistent with the City standards for Collector street.
f. Signed for no parking until the full street width is improved.
g. 25 mile per hour design speed.
h. Traffic Index for Structural Section Design shall be 6.5.
D. On October 4, 2000, Declarant entered into a Subdivision Improvement Agreement, enabling
Declarant to record the Final Map for Phase I of Tract 2260 prior to satisfying Condition No. 39, wherein
Declarant agreed, amongst other things, to satisfy Condition No. 39 at Declarant's sole cost and expense
subsequent to the recording of the Final Map for Phase I of Tract 2260.
E. Declarant has entered into a purchase and sale agreement to acquire the real property interests
necessary to extend and construct Courtland Street pursuant to the provisions of Condition No. 39. However,
under the terms of said purchase and sale agreement, escrow is scheduled to close on or before May 15, 2001.
F. Under Government Code Section 66462.5, if off site improvements on land not owned by the
subdivider or the local agency, and imposed as conditions to map approval have not been constructed or installed
within 120 days of the filing of the final map, the local agency must acquire the required real property interests by
negotiation or bring condemnation proceedings to acquire the real property interests so the improvements can be
constructed, or the condition for construction of the improvements is waived.
G. Declarant's Final Map for Phase I of Tract 2260 was filed with the City of Arroyo Grande on or
about October 4, 2000.
H. In light of Declarant's pending purchase of said real property, Declarant has requested that City
not initiate condemnation proceedings or otherwise negotiate for the real property interests necessary to satisfy
Condition No. 39.
NOW, THEREFORE, Declarant declares that it hereby knowingly and intelligently waives the 120 day
time limitation provision of Government Code Section 66462.5 as it relates to Condition of Approval No. 39 of
Resolution No. 3324. Declarant further declares that it is the specific intent of this Declaration that City may
acquire by negotiation or commence proceedings pursuant to Title 7 (commencing with Section 1230.010) of Part
3 of the California Code of Civil Procedure to acquire real property interests necessary for Declarant to satisfy
Condition No. 39 at Declarant's sole expense at any time prior to January 1, 2003. This Declaration shall run
with Declarant's Parcel and bind Declarant's successors and assigns.
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TRACT 2260 - "DECLARENT'S PARCEL"
EXHIBIT "A"
(legal description)
PARCEL 1:
That portion of Blocks 115, 138 and 139 of the Town of Grover, in the City of Arroyo Grande,
in the County of San Luis Obispo, State of California, according to map drawn by A. Lundquist
and filed for record November 23, 1892 in Book A, Page 6 of Maps, in the office of the County
Recorder of said County, and of Lots 1, 2, 3, 4, 9, 10, 11, 12, 13, 14 and 15 of J.F. Beckett's
Grand Avenue Tract, according to the map of said tract filed for record on September 26, 1891
in Book B, Page 75 of Maps, in the office of the County Recorder of said County, described
as follows:
Beginning at a point in the East line of the property conveyed to Jessica C. Hazzard by deed
recorded in Book 155, Page 213 of Deeds, records of said County, 275.75 feet North of the
Southeast corner thereof, said point being the Northeast corner of the property conveyed by
Jessica C. Hazzard to C.W. Johnson and wife, by deed recorded in Book 257, Page 431 of
Official Records; thence South 89 °50' West along the North line of the property so conveyed
to C.W. Johnson and wife, and the North line of the property conveyed by John H. Foley to
C.W. Johnson and wife by deed recorded in Book 257, Page 431 of Official Records, 1508.7
feet to the Southerly prolongation of the centerline of 18th Street, as shown ont he map of the
town of Grover; thence North 3 °12' East along said centerline, 915.6 feet, more or less, to the
Southwest corner of the property conveyed to John H. Foley by deed recorded in Book 160,
Page 297 of Deeds; thence South 86 °46' East along the South line of the property so conveyed
and its Easterly extensions and the South line of the property conveyed to Marie L. Colwell by
deed recorded in Book 161, Page 195 of Deeds, 503 feet to the Southeast corner of the property
so conveyed to said Marie L. Colwell; thence North 3 °12' East along the East line of the
property so conveyed 400 feet to the Southeast corner of the property conveyed to Rose V.
Johnson by deed recorded in Book 234, Page 438 of Official Records; thence South 86 °46' East
along the South line of the property so conveyed and the South line of the property conveyed
to C.W. Johnson and /or Rose V. Johnson by deeds recorded in Book 266, Page 315 and Book
269 of Official Records, at Page 164 and Book 238 of Official Records; at Page 66 and Book
224 of Official Records; at Page 1, 976.8 feet to the East line of the property conveyed to said
Jessica C. Hazzard by deed recorded in Book 155, Page 213 of Deeds; thence South 3 °13'30"
West along said East line 1229 feet, more or less, to the point of beginning.
•
IN WITNESS WHEREOF, Declarant has executed this Declaration on the date and year first above
written.
S & S HOMES
BY: •
President
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN LUIS OBISPO
On Q. jo.in.. o-cv 3/ 2001, before me, the undersigned, a Notary Public in and for said State, personally
appeared tua Q n 6aincLe , personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person whose name is subscribed to the within instrument and acknowledged that he /she
executed the same in his /her authorized capacity, and that by his /her signature on the instrument the person or the
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
' Di
Notary • is
STEPHANIE L. MONK
ei MM CC #1177392
pg ` filar. ,'- Notary Public Ca! wa
VE a q Coupty of San Luis !mss y
My corm. Exp. April 22, am
• STEPHANIE MONK
N :'%irjn COMM. #11773
' ':„;5 !/' Notary Public -Cali( tp r�
a i of San Lull tS�b�2WOtle
END OF DOCUMENT