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O 302 C.S. , , , , ORDINANCE NO. 302 C.S. AN ORDINANCE OF THE CITY OF ARROYO GRANDE APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY AND OTTSE, INC., FOR THAT CERTAIN 464 ACRE DEVELOPMENT KNOWN AS "RANCHO GRANDE" THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLLOWS: Section 1. That certain "Development Agreement By and Between the City of Arroyo Grande and OTTSE, INC., a California Corporation Relative to the Development Known as Rancho Grande", and executed by the parties on November 30, 1983, is hereby approved pursuant to the authority of Government Code Section 65864, et seq. A copy of said Agreement is attached marked Exhibit "A" and incorporated herein, and a copy shall be available for public review in the Planning Department during reasonable business hours. Section 2. This Ordinance shall be in full force and effect thirty (30) days after its passage, and within fifteen (15) days after its passage, it shall be published once, together with the names of the Council Members voting thereon, in the Five Cities Times-Press-Recorder. On motion of Council Member Vandeveer, seconded by Council Member Hogan, and on the following roll call vote, to wit: AYES: Councilmen Vandeveer, Gallagher, Millis, Hogan and Mayor Smith NOES: None ABSENT: None the foregoing Ordinance was passed and adopted on the 22nd day of November 1983. 'I3~AJ~ MAYOR ATTEST: I, Virginia L. Culp, Deputy City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify that the foregoing Ordinance No. 302 C.S. is a true, full and correct copy of said Ordinance passed and adopted at a regular meeting of said Council on the 22nd day of November 1983. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 5th day of December, 1983. . ty City . ".~"- ,"''-"r'. t-", ',;' ". '.., fY/ ' .~. ~,,,.:.-. -' ~"l~;;..'':'''''' . .~"-. ....-.. -,<, ',- , " . ...~~-. :'.'-~,.,\--':' ...:~" ".R -'. ',.,."., 1'-.:.;," .... . " . ' 'HfICK/J ."'i,t;, . ." 939b . 1383 9 ,1:1!k, .:... ~---~E(cfaN{,: OOC.NO 3866 DOC.NO 60122 Recording requested by: OPRC:W.NIOON)8 OFFICIALAECORDS SAN LUCS OBISPO 00.. CH. SAN LUIS OBISPO CO. CAL DEPUTY CITY CLERK ' After recording, mai.l to: JAN 241984 DEC 6 1983 CITY Of ARROYO G~NDE FRANCIS U. COONEY FRANCIS tot COONEY P. O. Box 550 CounIy~~ E County~Rec:order , Arro 0 Grande, Calif. 93420 TNE 1 1 . 4 5 AM 2.45 PM . I' 0" .. DEVELOPMENT AGREEMENT BY AND BETWEEN CITY OF ARROYO GRANDE AND OTTSE INC. 1 a California Corporation, RELATIVE TO THE DEVELOPMENT KNOWN AS RANCHO GRANDE ,This Development Agreement is made and entered into this 30th day of tlOVEHBER , 1983.1 by and between the City of Arroyo Grande, a political subdivisi~n of the state of California whose address is 214 E. ~ Branch Street 1 Arroyo Grande, California 93420 (hereinafter "City") and " OTTSE INC. 1 a California corporation whose address is c/o Bourdon r. Burkart, P. O. Box 1423, San Luis Obispo, California 93406 (hereinafter \- ~ "Owner") pursuant to the authority of Section 65864 through 65869.5 of the t California Government Code. "- I.<..l k RECITALS: , It; ~ I. To strengthen the public planning process 1 encourage private v participation in comprehensive planning and reduce the economic risks of r? development 1 the legislature of the State ,of California adopted Section ~ 65864 ~ seq. of the Government Code which authorizes the City of Arroyo 'J Grande and an a~plicant for a development pr~ject to enter into a develop- { ment agreement, establishing certain development rights in the property 3 which is the subject of' the development project application or applica- ~ tions. Iv II. OWner owns approximately 464 acres of real property in Ci"ty ~ desc~ibed in "Exhibit A" attached hereto and commonly known as "Rancho v' GrandeM and referred to herein as the Msubject property". Development of ~ the subject property is controlled by Ci~y Ordinance No. 186 C.S. Q~opted ~ October 10, 1978. On November 301 1979 Owner caused ParceL Map AG 77-103 : , : to be recorded, therein making the offers of dedication shown thereon. ~ J III. The Planned Development for Rancho Grande set forth in Ordinance v .1 No. 186 C.s. will provide for orderly growth and development of the area .~ and is consistent with the City's General Plan and the City's planning ~ goals and objectives. "- ~ IV. The parties anticipate the formation of Assessment District 81-1, 1- which will construct large scale improvements upon the subject property and upon adjoining properties. Those improvements will benefit City, ~Nner and adjoining property owners and will be financed by secured real property assessmen ainst the affected propert!. in proportion to the benefits . 111),/;)- :.. ' conf ;~ '~~~ ~improvements. Said be!, ~ shall be conferred upon, and ~" REC8VfD ~ Uti; n 1933 vo~ 2546 r.\r,[ BOl "VQt~Or~s[~-11~i.~'$i~-'::. '.' ':/?~ .. ,,:..~.~' ;.:~<.:.it~~~~.,~f1$~'~:,,':~--~~'~J;:~;....- ".. ~- ....- .....;...' .. .' "~"'~:=~~,..i&;v:'..- ",;;',?< LL ~_: ~~"""'t", ''''',4<' - : , ..~. "':'. .;. -:~~:>,. . ~..' "'~::~~~.~;;- .. ...- .P.' . "..~ ~;;i ~ . ., ',r~, ~ '. assessed against 1 all portions of the subject property. Owner will incur t substantial engineering, design and other expense prior to the formation of i ; such Assessment District and will be subject to substantial expense to , repay the cost of construction of improvementf through the Assessment , District. ''\ I V. In anticipation,of the formation of Assessment District 81-1, I' I Owner has filed and City has approved, subject to conditions, Tentative T::act Hap 1132 and Tentative Parcel Map A.G. 83-013. The conditions to l each of these maps requiring Owner to construct off-site improvements are ~ mo::e extensive and costly than would normally be imposed for such maps I un~er existing City policies and standards. Such improvements are designed ! i to ultimately serve not only the property within Tentative Tract Hap 1132 , t and Tentative Parcel Map 83-0131 but also to serve neighboring properties , , i and the remaining portions of the subject property at the densities and i , i . in~ensities of use authorized in Ordinance 186 C.S. It is intended that ( these conditions will be satisfied by the Assessment District 81-1 i con- k t struction. Owner and City intend that, from time to time during the term i of this Agreementl Owner shall submit applications for development covering the remaining portions of the subject property in accordance with the t permitted usesl densities and intensities of uses allowed, heights and sizes of proposed buildingsl and provisions for dedication or reservation of land for public purposes, all as authorized p~rsuant to Ordinance No. 186 C.S. VI. Except for the assurance~ granted to OWner by this Agreement that Owr.er will be able to deve1~~ to completion the subject property in accord- ance with Ordinance No. 186 C,S'I Owner could not economically consider pa=~icipation in Assessment District 81-1 nor could Owner have agreed to the extensive conditions placed upon the tentative maps referred to above. VII. Ordinance No. 186 C,S'I Parcel Map 77-103, Tentative Tract Map 1132 with conditions of approval, Tentative Parcel Map 83-013 with condi- tio~s of approval and the present proposal for Assessment District 81-1 are t incorporated herein by this reference. THE PARTIES THEREFORE AGREE AS FOL~OWS: A. This Agreement shall apply to all portions. of the subject , property. The parties agree that the Planned Development of the subject property is a private development. B. The term of this Agreement shall commence upon the effective t date of City Ordinance No. 302 C.S. approving this Agreement and shall t extend for a period of fifteen US) yea~s thereafter 1 unless said term is extended by circumstances described in Section E.or M of this Agreement or by ~utual consent of the parties. C. During the term of this Agre~ment, and except as modified, amended, revoked or terminated as provided herein, the permitted uses of the subject property, the density and intended use, the maximum height and 2 JD~2546rAr.[80?J c~<~~# : , ~~:..?560pA.G[,2~~, , ,,-,"~a~:. .;l~~~~~~:~:~t:.~.}~~jji~t:~~:;~{:. .~.~:';~~i.Y-::~:~.. " ' .;......;h :..... , , . ,~.../. ~ -"r- .>~...~..-...>.~..~ ., ,'" ..'" "~,.O:~." ~"," '-"-~,;....-~' . --( .~~. .' I' , , '.. ." ,. -.' size of proposed buildings, provisions for reservation or dedication of land for public purposes and for construction, installation and extension of . public improvr.mentsl and other terms and conditions of development appl~cable to the subject property shall be limited to those set forth in, or incorporated in, or determined under the provisions of, Ordinance No. 186 C.S., Parcel Map AG 77-102, Tentative Tract Map 1132, Tentative Parcel M~p AG 83-013,. and as provided by the applicable ordinances, rules, regula- tions, general and specific plans, environmental considerations and design criteria and official policies of the City which are in force as of the date of entry of this Agreement. D. During the term of this Agreement, City may apply only such new or modified rules, regulations. ordinances I laws, general or specific plans, communi ty plans I and official policies which are not in conflict with those in effect on the date of entry of this Agreement. This section, however I shall not preclude the application to the development of the subject property of changes in City laws, regulations, plans or policies, the terms of which are specifically mandated and required by changes in state or federal laws or regulations. In the event that such changes in state or federal laws prevent or preclude compliance with one or more provisions of this Agreement,in implementation o~ the Planned Development, the parties shall take action pursuant to Sections E and H of this Agreement. This Section D shall ~ be construed ~o limit the authority or obligation of City to hold necessary public hearings, or to limit discre- tion of City or any of its officers or officials with regard to rules, regulations, ordinances, law.. ,nd entitlements of use which require the exercise of discretiop by City' or any of its officers or officials, pro- vided that subsequent discretionary actions shalll whenever possible, be exercised in conformance with the official policies of the City which are in effect on the date of entry of this Agreement and shall not frustrate or prevent development of the subject property for the uses and to the density and intensity of development set forth in Ordinance 186 C.S. E. In the event that state or federal laws or regulations enacted after the effective date of this Agreement, or action of any other qovernmental jurisdiction, or any lending institution involved in financing the project, prevent or preclude compliance with one or more provisions of this Agreement, or require changes in plans, maps or permits approved by City, the parties agree that the provisions of this Agreement shall be modified, extended or suspended as may be necessary to comply with such state or federal laws or regulations or the regulations of other government jurisdictions or lending institutions. Each party agrees to extend to the other its prompt and reasonable cooperation in so modifying this Agreement or approved plans. F. City application fees, processing fees, inspection fees or other fees that are created or increased during the term of this Agreement shall apply to development of the subject property provided that: 3 J v~~ 25461'~f,E BO~] . _ :' . v!l~2560rAG[~19, . ,-~~~;i.t:ii:l.',: .,:..:.~ 4ci"E:.;..__",:~t<~:l$~~':'Jc.~'~,!t~~,;;~~;.f~firi.:~",i;:.';o:..L.';.:,: ,-. .. ~"'" .'- . . nO-',' .,.j.... , ::".~:,,.,.~~:;~:: ..:~. .. =' .... - oJ.-.~ ,~_;. .~'" " ~"~A~~~t~~~;,~:< .~.~.. ~.- :'-" ~ .'- .- . _.-. . --..- .~ '~'1:r2.:~ 'i:. ' \~,~~...: " ,,:~~ >:r:"'if~, '-:'';": '.~\;'t...' . ...;" '." (1) Such fees apply: to all private projects or works within City; (2) Their ap~lication to development of the subject property is prospectiye only; and -"(3) Their application to development of the subject property would not conflict with the terms I spirit and intent of this Agreement, nor frustrate implementation or require amendment of Ordinance No. 186 C.S. G. Other than as reflected in Ordinance No. 186 C.S., Parcel Hap 77-103, Tentative Subdivision Map 1132, and Tentative Pa:':,:,,~ Map 83-013, and documents incorporated in them, as of the date of entry of this Agreement, the City does not contemplate the necessity for additional reservation or dedication of portions of the subject property for public purposes, except for street I drainage I utilities and open space purposes in the areas whlch are presently' unplanned. Any reservations and dedications for those designated purposes in those areas shall be imposed in a(;;',.r.dance with the City ordinances I standards and policies in effect upon the date of entry of this Agreement and may be specified and required as part of future master plan or subdivision map approvals. H. In the event that the anticipated formation of Assessment District 81-1 does not occur, or in the event that affected properties neighboring the subject property are not included within the assessment district, then the City shall consider: Pursuant to California Government Code Section 66485 et. seq. , reimbursement of Owner from proceeds collected as fees assessed against future or concurrent devel(_~nt of the affected neighboring properties for the portion of the cost of ir~rovements of supplemental size, capacity and number ("oversized improvements") in the amount equal to the difference between the amount it would have cost Owner to install such improvements to serve the subject property only and the actual cost of such improvements. Said reimbursements shall be paid in conformance with a "Plan for Collection of Fees and Reimbursement", to be prepared by the Owner and ( submitted for review and approval by the City of Arroyo Grande prior to " recordation of the map. Said "Plan fc.-;; Collection of Fees and Reimbursement" shall include a specifi~ term during which reimbursement shall be paid and a map of properties which are subject to. development and benefit from improvements constructed by the owner. Fees proposed shall be based on actual cost of said improvements. For Tract 1132 and Parcel Map 8,3-013, said oversized improvements included, but are not limited, to: ( 1) Portions of West Branch Street, with utilities (2) Water reservoir, pump station, transmission lines and sites and easements therefor. (3) Drainage and sewage facilities as to be determined. I. The parties agree that Paragraph 1 of Se-' i.on 2 (or any . other provisio~) of Ordinance No. 186 c.s. shall in no ev . be interpreted 4 ,{ VOt 2546 PAr,E 804 J '........ vOtWAGt220. ;~ji.'~~ jlii/'~ ,';~~,.ii,~,t;'i~~_~~.1,,~:.._;';.:K;~ ,~'.' . :,.,.01, ...' " F"r"'" ',O',":J,."-' ..:,_..I.r~ ____',... '. .' -_.\.0 ",:'z,..~,-,..~ ..-., -~--- ..... ~':".~~."~. '~~F~~ ;:~ \~-~~T~~";'-'- ~. , ' . " ' -, ".. to allow reduction of Owner's entitlement below a total of 527 dwelling units. Said Paragraph 1 shall also not be interpreted, to provide that Ordinance No. 186 C.S. shall lapse, be revoked or otherwise terminate m~re1y by rea~on of ~er's p~oposing a change in a portion of, the land use or"Conceptual' Master. Plan. Rather, . ~ , . sa~d Paragraph 1 shall be interpreted to mean that City approval of any such change shall be subject, to the normal procedures required for zoning and land use changes. Said Para- graph 1 shall not apply to proposed changes in road alignments, location and configurations of lot;sl or insubstantial changes of lot sizes from those shown on the Conceptual Master Plan, it being recognized that said plan is, in factI conceptual and not specific. J. This Agreement may be amended in writing from time to time by mutual consent of the parties hereto and in accordance with the provis- ions of Government Code Secti6ns 65868, provided that: (1) Any amendment to this Agreement which does not relate to the term, permitted uses; densi ty or intensity of usel height or size of buildings, provisions for reservation of land, copditions, terms, restric- tions and requirements relating to subsequent discretionary actions, or any conditions or covenants relating to the use of the subject property Gha11 not require a public hearing before the parties may execute an amendment hereto unless such a hearing is required under Ordinance No. 186 C.S.; and (2) Any non-substantial deviations f rom the approved Planned Development I as determined by the Planning Director and Director of Public Works, with respect to the location of lots, buildings I streets and other phy~ical facllities do not require an amendment to this Agreement; and (3) Unless specifically stated in said written amendment to the contrary, OWner's entitlement to develop a total of 527 dwelling units on the subject property shall not be deemed reduced. K. City shall, at least every twelve (12) months during the term of this Agreement, review the extent of good faith substantial compliance by OWner with the terms of this Agreement. Such periodic review shall be limited in scope to compliance with the terms of this Agreement pursuant to California Government Code Section 65865.1. Notice of such annual review shall include the statement that any review may result in amendment or termination of this Agreeme,nt. A finding by City of good faith compliance by Owner with the terms of the Agreement, or a lack of finding to the contrary, shall conclusively determine good faith compliance up to and including the date of said review. The City shall deposit in the I:\ail to OWner a copy of all staff reports and, to the extent practical, related exhibits concerning contract performance at least ten (10) calendar days pr"ior to any such periodic review. OWner shall be permitted an opportunity to be heard orally or in writing regarding its performance under this Agreement before the City Councilor, if the matter is referred to the City Planning Commission, before said Commission. L. Formal written notices, demands, correspondence and comrr,ur..i-- cations between City and OWner shall be sufficiently given if dispatched by 5 ~ vo~ 2546 rAr,[ BU5I ".,;diJb?t .. '." ,~.:". ,- '~~~:~:'.~ . vo~~~f)()J~r,l~~1l "~.~~:';~tV~~~\:~_ __ ;:'._~<-:>~~~:::~i~~~~~~~- I;~:~~.~~:.-: ~.~, . ~'..~~. ~, ...~~.~:o'~:::~.:.~~. ~ i;';. .-- --- --.-- - ~-"- . . "':?r;" ~.~ ~ ':;f: ',:' ,,' -""'0-::'-;.:~~:0f ~'~~f:.:?~~:P.':~!:-- .: .,' prepaid first class mail; certified, return receipt requested, to the addresses provided hereinabove or to such other persons and.addressees as either party may from time to time designate. M. Performance by either party hereunder shall not be deemed to 'I be in default where delays or defaults are due to war, insurrection, strikes, building moratoriums, walkouts I riots, floods, earthquakes, fires, casualties I acts of God I government restrictions imposed or mandated by other governmental entities, demonstrated inability of OWner to obtain financing I enactment of conflicting state or federal taws or regulations, new or supplementary environmental regulation I litigation, or similar bases for excused performance. An extension of time for such cause shall be granted in writing for the period of the enforced delaYI or longer as may be mutually agreed upon. N. Default, Remedies, Termination. (a) The parties agree that unles~ this Agreement is ter- minated pursuant to the provisions of this Agreement and/or Ordinance No, 302 C.S. I this Agreement shall be enforceable by any party hereto not- withstanding any change hereafter in any applicable general plan, specific plan, master planl zoning ordinance, subdivision ordinance or building regulation adopted by City, which change purportedly alters or amends the rules, regulations and policies applicable to the development of the subject property at the effective date of this Agreement, as provided by Government Code Section 65866. (b) Subject to extensions of time by mutual consent in writing, and subject the r~ovisions of Sections E and H, failure or delay by either party to perform any term or provision of this Agreement shall constitute a default. In the event of alleged default or breach of any terms or conditions of. this Agreement, the party alleging such default or breach shall give the other party not less than thirty (30) days notice in writing specifying the nature of the alleged default, and the manner in which said default may be satisfactorily cured. During any such thirty (30) day period, (or such longer period during which the charged party diligently ~ttempts to cure the default), the party charged shall not be considered in default for purposes of termination or institution of legal proceedings. (c) After notice and expiration of the thirty (30) day (or extended) period, either party to this Agreement at its option may in- stitute legal proceedings pursuant to this Agreement or give notice of intent to terminate the Agreement pursuant to California Government,Code Section 65868 and regulations of the City implementing said Government Code Section. Following notice of intent to terminate, the matter shall be scheduled for consideration and review in the manner set forth in Government Code Sections 65865, 658671 and 65868 and City regulations implementing said Sections by t~e City Council within thirty (30) calendar days. Following consideration of the evidence presented in said review before the City Council, either party alleging the default by the other 6 '. . · 2560rM.l222 ' Jvot254UPAr,E8U6] ".~;;~;.:-.,.>;,,:: >'J,-.\:".,~\ ':'>:;;;~"'f,>:~.,.<./i,:\.:32i.~~':';.:'~;:~>"'~~:"":~"Lj~:;:::L."'". ,:' , ,.._', ~.~/~;; ,,~-;'~-" ~'i~-:--')- :.I.....-tI'.....~'~.'J::JJtr~~;.~. -."~r- "t",,,, J\' .':'.'fi~~$~.."'~.~.1'.:oi;'~.w"16'.'\.;;')l..,,"-~_....~,"'~..,Io,>t.~_,., . . ," :~~.~:~~~~...~.~-.i::.--,.~~ ,....i.. ,"',.' - "'-. -' -.... ,. . ~. . ~ ",.t~~-,....:, -, "~_:";"" '::~;'~iJ:' <:~-~~'~~':7:.' "'. ~ ". '-', ~... . . -' ..;-. ...~......~:~ '-.~. . . ., party may give written notice of. termination of this Agreement to the other . f party. { Evidence of default may also arise in the course of a regularly ):' ~ scheduled periodic review of this Agreement pu/suant to Government Code .;>- ., ~ Section 65865.1. Xf either party determines that the other party is in t default following the completion of. the normal scheduled periodi~ review, , ~, said party may give written notice of intent to terminate this Agreement as r set forth in this section, specifying in said notice the alleged nature of ~ i the default, and potential actions to cure said default where appropriate. , ~ If the alleged default is not cured within thirty (30) days or within such r ! 10nge1: period either specified in the notice or during which " diligent attempts to cure the default are pursuedl or the defaulting party waives \ its right to cure such. alleged default, this Agreement may be deemed terminated at the option of the non-defaulting party. (d) In addition to any other rights or remedie.s, either party may institute legal action to cure I correct or remedy any default, to ~ enforce any covenant or agreement herein, or to enjoin any threatened or t f attempted violation. (e) The Agreement shall be construed and enforced in accordance i . with the laws of the State of California. ~ o. In the event of any legal action instituted by a third party I f or other governmental entity or official challenging the validity of any I provision of this Agreement I the parties hereby agree to cooperate in defending said action. p~ This A~reemer shall bind and inure to the benefit of the : parties, their successors and assigns. OWner shall specifically have the ~ right to sell, assign, or transfer this Agreement with all its rights, i title and interests therein to any person, firm or corporation at any time during the term of this Agreement I provided that the rights contained f herein shall pertain only to the subject property. Otherwise I no third ~ party shall have or acquire any right whatsoever under this Agreement. t, ; I I 'j. t i ~ ; r '" 7 ( VOt2546rAr,EB071 I '~ ". ,''.' ." VD~2560r,~(;[223, " j;,~f.f..;" ' ';'('~~'{<'" >.~, ,,' : :I\"~c~;~,;;,:,:, ,;_":<~~~~~ .,!,;;-">, ~~, 1.~"'~"'"'' ',;.<."'y . '-.~~~..___....:..... .!..;.,o;,.......'-..........~...,..... !'o.' . "-A,~ ""'...., -, _" .' _ - , . . ' . . . . , , . , This Agreement is executed in two duplicated originals, each of which is deemed to be an original. This hgreemen~ constitutes the entire _ U!\clerS~~~din'.J and agre~~=~~,,~f ~~e parties. " , . I, Virginia L. Culp. Deputy City Clerk of "City" :he City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify that the foregoing Development City of Arroyo Grande Agreement Is a true, full and correct copy of said Agreement passed and adopted at a regular meeting of City Council on the 'Q'ar.AJ~ 22nd day of November. 1983. By: WITNESS my hand and the Seal of the City r.f Arroyo Grande affixed this 5th day of :'ecember 1983. "Owner" OTTSE INC., a California corporation \ '- By: ., By: 4<c~ ~ f,',~ A y~ Sc fd, I (4 etary STATE OF CALIFORNIA ) ) 55. COUNTY OF SAN LUIS OBIspr ) On October ~, 1983 before me, the undersigned, a Notary Public in and for said State, personally appeared Andre Markus and Alyce Schild, known to me or proved to me on tho basis of satisfactory evidence to be the President and Secretary of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein namedl and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. SIGNATURE, (/,U<d. f /J?'k,-;dif (! Il/& t.. € R ~1!:/I C/G;,ij' Name (Typed or Printed) - (8 -- ~~ .......OMCI. .........., _~,.._...1tI7 8 vo~~~f)()rA~l~~~ . \ VOt 2546 PAr,E 8081 --'-'--~'---3\~i~~:~"~<:'{. -~..;~. .~ --..-.".--.......- ----- . ~1~ ~,:e-."'~<~,~' f~ -' -~---~ .: .:.... _.:,."",..A.....; . ..y'''' . ,,,-;', .""~. j.:;::~~;'~1;~<'."~_i\;::;: .,"i,'. \-" . ~ . , TO ...., CA (S.73) (Corporalio. ) _TITlE INSURANCE AND TRUST r STATE OF CALIFORNIA }~ .-- , COUNTY OF SAN LUIS OBISPO I t 0.. November 30, 1983 Ld_ _. lhe undersigned. a No.ary Public in and lor said Stal., .......naJly appeared AI.YC"F. !,;Mnr.n . .. QQQQQ(U~~ ~UDC c .. kno_ 10 - 10 he Seoretary of Ih. _.Iinn lhal executed th. wilhin In_trum.nl. II: .. known 10 _ 10 he .he .......... who e....,.... .he wilhin .. Instru-... on ""half of .he corpor..ion lhefti. named. .nd .. ~knowlede<<l \0 - .ha~ ouch corporalion e1leCU.ed ''!e within ...",,, ,,' ", " ; In......._1 punaant '0 ... by.I.... or a .....1..lion of 1\_ bo.rd , .' '" " '" '" , ' .',., ".." '~ ofdl~@.~ OHILI..., "p\. WITNESS my hand and ol&eial _L . ,;:.~.;>"::, D!';;O;U.H A CO':JRT:::: J' i tl~, """ ", ~.. .'^'" I ~:..~;'~ "1."-,'" ;., .:" ...I:- ,_ . ~"',. " . A J d;J:, ..~, ..'..) '::OL1NTY ~"t="~',~!~7:::~~}3S'{)jlh;~~'~f~R~' 6, )985 t. -,," M.., ___._.. ___'.U"_' P ...__.., .0.,".,., '~~~~~."~~~~;r~~~~.~Y~!ff;'~~~:.. ;...'i~-';.",' !~"'~-...-...<,,-,.~.:,.., < ~,~;~,~v., 1;-,,,\\,, -:<W~\1'.;~\'., ''',' .~'_.,-~"<- :~,.-..'.';...~ ',t;<,., ,', ,":y,.~;~~,.(,~, ~~~> ,$~ "~"" :, <"'," ';'."" :,~.",-~_;;-, .,.' ',;"."-:1', '\,'_' ;';.'" """',,><< " . >":' .' '_., ",):~:j,:,.,.:>~(,:,,,,?,~ ,"" '__;' _: '"_ ": '~,. >~'/:'~~:,:.}l~:_ A' ' .' ~~?:. '., . ~, ~' ;. ~~ ..:'J)~~~_'f-) 'f,~;;:f::'i~~.t~,I~~~ti';{;' ' ""',--'._'-:. < , ''I \~,,,-'":,,,:".,:, ~ ',.' !,' . - .. .. ' - ~~ : RECORDERS MEMO: " POOR REPRODUCTION DUE TO QUAUTY OF ORIGINAL DOCUMENT. EXHIBIT "A" REFERRED TO IN DEVELOPHENT AGREEHENT / By and Between City of Arroyo Grande and OTTSE, INC., a California Corporation. Relative to the Development Known as Rancho Grande ! The approxl te location of said real property Is the following lega 'description and map shown below: of Arroyo Grande. County of San L 5 Obispo, Ilfornla, being a division of Lot 2 and S No. 77-103. recorded In Book of Parcel Haps. at Pag 8S. In the San Luis Obispo unty Recorder's Office. Also entlfled by Assessor's P cel Nos. 7-781-19, 7-781-22 and 7- 1-32. . , . . . . : @~. : ",; . c......-,.z : . " -.;.. .. I'M . . . ..,- ~ . " .'@ ; . CID 47 55 .. n J:~. ".J/.-Co . ~ 47 ' ,=:>>-"'~ \ ~~ \vo(2546.~Ar.E8 ;/,<, ,..,:' '. -{-.....:,_~~t'~..::., ~~,-:: _-: ~ .. i-:,"~'\'''';' i . " ACKNO\iLEDGMENTS SUBSEQUENT TO ATTACHMENT OF CORRECTED LEGAL DESCRIP~ION AND MAP TO DEVELOPMENT AGREEMENT BY AND BETWEEN CITY , OF ARROYO GRANDE AND OTTSE INC., A CALIFORNIA CORPORATION, .~ RELATIVE TO THE DEVELOPMENT KNOWN AS RMlCHO GRANDE. I, VIRGINIA L. CULP, Deputy City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify that the foregoing Development Agreement is a true, full and correct copy of said Agreement passed and adopted at a regular meeting of City Cou~cil on the 22nd day of November, 1983;. ...~ !10"'-- '-...... ~ f,wi~~i.".&,'li~ a~ of the City of Arroyo Grande affixed l ~}...g 2;J;;Z.~"-9a.y of LJ .A7 ' 19 4. ,. \.. I ., II OR .. ,. "iii:...'..'.. '/.\:~.\' .All,:'; ir:" ...... ...-,d.c t:'~ , ~ -- ~ ~;d ,... .';,: "~JiI i',\~ 0\'" ~'" " ' , ,Lt 10 \.. ... '=' ~"... . ."'" a.,:, ." ;,...". ~.., pC; . ~ '. ....M...M ".' ,,"It ~, t I ~ C~.., 1l! . t STATE OF CALIFORlUA ) ~ ) SS i- COUNTY OF SAN LUIS OBISPO ) On ~ ~~ / <~4 , before me. the undersigned a Notary Pu c 1n n or sa1d County and Stated I personally appeared ANDRE MARKUS, known to me to be the President of the ~orporation that executed the within Instrument, known to me to he the pa1'son who e,recuted the within Instrument on behalf of the corporation therein named I and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. Signature: e orr":'AL lEAL j DEIORAH A. COURTNEY Il1O"''''' PV_IC.C...,_ PIIItC..... (W.ct. '" ...... LUIS !Ie'_ C-'Y STATE OF CALIFORNIA ) "'~b""'Se,I:6,1915 ) 55 ~.. ........... ........,_. COUNTY OF SAN LUIS OBISPO ) On ~-r<c'~V-i.1. .f,.a~ ' before me, the undersigned a Notary P 1C 1n an for sa1 County and Stated, personally appeared ALYCE SCHILD, known to me to be the Secretary of the corporation that executed the within Instrument, known to me to be the person who executed the wit~n Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. Signature: ~c,,.~ ~ .-,. --c? ~~ e OFFICIAL SEAL DEBORAH A. COURTNEY "'OlA.' pueUC.C..L.'OIItttA P.'HC'~A" Of'1C1 "' SAN LUIS GeISl"O COUNTy Mye-IIIissoon bpimSo,l. 6,1985 ............--..,.I.......~......... 49/M VOL 2560p~[227 ---'-"--.-~,~:~%~~~~~~~:~:1~.~_~{~~.:~7~~---- -.--. --- ------- '-- - ~_'_h . ~ Exhibit wAw referred to in Development Agree- ment By and Between City of Arroyo Grande and OTTSE, INC., a California Corpora~ion, R,lative to the Development known as Rancho Grand~. The approximate location of said real property is shown on the map below and the real property is described as follows: In the City of Arroyo Grande, County of San Luis Obispo, State of Colifornial being Par- , '...'.i\.~~s 1. t1\rough 11, inc1usive,of Parcel Map ~ ~....._....~0- 77-103, recorded in Book 28 of Parcel . ~,,:,. .. M~ at Page 85, in the San Luis Obispo ,...., ~tC"70ii~o ~y Recorder's Office. .:: i \~.. ?',. '!.-.. . -.. ..." ~.- '''; [I/;/" .;..~ ", ~I ; "I.. t~\'\i 1.( -.. . . " ". 1 0 · . ----=: . . "',', . , ' ... ;', . -t' -,....." ,....-.f' .. .. -0 ..' ~ '~"\".'" '.""_ ..-:-......., ....- .. .0. .'. .: . " ...~.. ~,..t. '. ,,~ .' '\ ( ...... l\' . ; ;tC.f't~ : '...~.""'" .. . '.... .-. ~ ,;' .,,- ...... .'... ~ ...... .# ~I... .. :.:~.:.:..;::;~:;'....... 00 ~.~~~.:\.. --. .... .... 00.. .'. .. ,:i' L 00" -- '" OO!-... .-:,.;,;.:-,r:......~."';7.~...~.r .". ~~.~.;t..-:.\~;; :.:oo:..:.,~ .: '~~.. .. . ." .". "-. ... . " . 'f!!:...- ..:.-,:..~....:,......:......,. .I ,. ;J_ :.~:... .:.:::::; _0. ~t~. .~.. -, ." ....,. ......... - a.:.. ~. _;'. 00 ".:'~:c;~ .. t."1.: :; ......-... ~" . ._ . J~:..,:.'.:':.(::.::i .;." .. , ." . ~ 3" .. ,," . ",:- L. :'- '. . I I RECORDERS MEMO: I POOR REPRODUCTION DUE TO , QUAUTY OF ORIGINAL DOCUMENT. >~, - 'tl,!!tt9~Ri!O~l!~ VOt 2560 PAf,E 228 r :<-~; ';;< :~\ - ,.,,"-:,] :~ _."~;:':"-''-~N'''~,:ti.:~'',r:::'--:-.';'r~'.J~' :,;''':~' ,"" -. -,-,' - - :~. ':.' j~:>,t~,: . '-.." _'~:-:C.:.' ~T:1:~1);:~f'"t~'i..3i';;{;~~._. [<,T;},. ~- _.- .--~.,..,--, ~.- -.-'~---~'----'" ~ ~.,-- J, ~' '~-' ~_~~8. ,~ ,<,_ !$f".".~"" ,,~,A 'j"M:'&'"" it, ,_ 0 y_ '.,~; ,~ .::;:~.>... < }, '. ._'.. ,of ,'....~i, , . -, ''"<'-... . ,- '.. -' -'. " ,. . , '.'. ,'.. .. - " ~