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HomeMy WebLinkAboutE-mail Attachment - Conditions of Use (Accessory Structure)RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of San Luis Obispo Community Development Department 919 Palm Street San Luis Obispo, CA 93401 This document is recorded for the benefit of the City of San Luis Obispo, a Municipal Corporation, and recordation without fee is requested, per Government Code § 27383. AGREEMENT CONDITIONS OF USE FOR ACCESSORY STRUCTURE An Agreement regarding Conditions of Use for an Accessory Structure for property located within in the City of San Luis Obispo at: Address (APN: NNN-NNN-NNN) This agreement is made and entered into this __ day of __________________ 20__, by and between __________________________ (hereinafter called "Owner") and the City of San Luis Obispo, a Municipal Corporation, (hereinafter called "City"). WITNESSETH WHEREAS, Owner is the owner of that certain real property located in the City of San Luis Obispo, County of San Luis Obispo, State of California, described as Lot [Lot No.] of Tract [Tract], as shown on map filed in Book [Book] of Maps at Page [Page] in the Office of the County Recorder of Said County (the “Property”) [OR as described in attachment “A” (the “Property”)]; and WHEREAS, Owner has made application with City to modify or to construct an addition to an existing primary structure or to build a new structure, described and delineated on plans submitted with Building Permit application [Application No.] for construction of an Accessory Structure, as defined in § 17.158.006 and as further described and regulated by §17.70.010 of the Municipal Code; and NOW, THEREFORE, in consideration of the above recitals and mutual covenants, terms, conditions and restrictions contained herein, Owner hereby declares that the Property shall be held, transferred, encumbered, used, sold, conveyed, leased, and occupied subject to this Agreement (and incorporating the above recitals herein by this reference) which shall run with the land and shall be binding upon Owner’s heirs, successors in interest, legal representatives, administrators, grantees, assigns, lessees, or any other occupiers and users of the Property, or any portion of it, as follows: 1) The parties hereto agree that execution of this agreement by Owner and City entitles Owner to proceed to modify or construct the accessory structure depicted in plans submitted with the above-referenced building permit application; and 2) Owner agrees: a) That the use of the accessory structure shall be limited to: [use description from plans, such as: a storage and laundry area on the ground floor and a common area and “game room” on the upper floor, both provided for the common use and benefit of the tenants of the dwellings on the Property], as depicted and described in the plans submitted with the above-referenced building permit, and cannot contain living space, including bathing facilities or a kitchen; and b) To to allow the City, upon reasonable time and notice, to inspect the premises for compliance with this agreement and to verify continued compliance with requirements of Zoning Regulations § 17.70.010 (Accessory Structures) and Health and Safety Codes IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first written above. ALL SIGNATURES MUST BE NOTARIZED __________________ __ ____________________________________________ Date [Owner Name], Owner __________________ __ ____________________________________________ Date [Owner Name], Owner __________________ __ ____________________________________________ Date City of San Luis Obispo Douglas G. Davidson, Deputy Director for: Community Development Director EXHIBIT “A” Legal Description APN: NNN-NNN-NNN State of California } County of San Luis Obispo } On _____________ , before me, ________________ , Date Name and Title of the Officer personally appeared _____________________________________________________________________ , Name of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he (she or they) executed the same in his (her or their) authorized capacity (ies), and that by his (her or their) signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, 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. WITNESS my hand and official seal. Signature _____________________________ Signature of Notary Public Place Notary Seal Above State of California } County of San Luis Obispo } On _____________ , before me, ________________ , Date Name and Title of the Officer personally appeared _____________________________________________________________________ , Name of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he (she or they) executed the same in his (her or their) authorized capacity (ies), and that by his (her or their) signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, 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. A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. WITNESS my hand and official seal. Signature _____________________________ Signature of Notary Public Place Notary Seal Above State of California } County of San Luis Obispo } On _____________ , before me, ________________ , Date Name and Title of the Officer personally appeared _____________________________________________________________________ , Name of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he (she or they) executed the same in his (her or their) authorized capacity (ies), and that by his (her or their) signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, 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. WITNESS my hand and official seal. Signature _____________________________ Signature of Notary Public Place Notary Seal Above A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document.