Loading...
HomeMy WebLinkAboutItem 5h. Approve a Mills Act Contract for 201 Buena Vista Ave (The Kenneth and Martha Schwartz House) Item 5h Department: Community Development Cost Center: 4003 For Agenda of: 12/7/2021 Placement: Consent Estimated Time: N/A FROM: Michael Codron, Community Development Director Prepared By: Walter Oetzell, Assistant Planner SUBJECT: REVIEW OF A MILLS ACT HISTORICAL PROPERTY CONTRACT FOR 201 BUENA VISTA AVENUE (THE KENNETH AND MARTHA SCHWARTZ HOUSE) RECOMMENDATION As recommended by the Cultural Heritage Committee, adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, approving a Historic Property Preservation Agreement between the City and the owners of the Kenneth and Martha Schwartz House at 201 Buena Vista Avenue (Application No. HIST-0748-2021).” DISCUSSION The owner of the Kenneth and Martha Schwartz House at 201 Buena Vista Avenue (Figure 1) submitted an application to enter into a Mills Act historical property contract with the City. The property was designated as a “Master List Resource” by the City Council in September 2021 (Resolution No. 11274), as a rare example of a Mid-Century Modern dwelling, and for its association with Kenneth and Martha Schwartz, under the eligibility criteria for architecture and integrity set out in the City’s Historic Preservation Ordinance. The Mills Act Program The Mills Act Program enables California cities to enter contracts with owners of historical property to provide them with tax relief in exchange for an agreement to actively participate in the restoration and maintenance of historical resources. A Mills Act contract is effective for an initial 10-year period, and then is automatically extended annually for an additional year. Figure 1: The Kenneth & Martha Schwartz House Page 273 of 450 Item 5h After the initial term, either the City or the owner may, by written notice, decide not to renew the contract. During the effective term of the contract, the property owner must improve or rehabilitate the property, maintain the property consistent with the Secretary of the Interior’s Standards, and provide visibility of the historical resource from the public right-of-way. The Conservation and Open Space Element (COSE) of the General Plan describes the City’s goals and policies for the protection of cultural resources. It is the City’s policy that significant historic resources be rehabilitated and preserved (COSE § 3.3). Partic ipation in the Mills Act Program is one of the means by which the City encourages the maintenance and restoration of historic properties (COSE § 3.6.2). A property must be on the City’s Master List of Historic Resources in order to be enrolled in the progr am. Currently there are 61 properties participating in the program, with the last request approved by the Council in November, 2020. Previous Council or Advisory Body Action On September 7, 2021, the City Council reviewed and approved a request from the property owner to designate the property as a Master List Historic Resource, based on its significance as a rare example within the City of a Mid-Century Modern dwelling, and for its association with Kenneth and Martha Schwartz. The Cultural Heritage Committee reviewed this application for participation in the Mills Act Historic Preservation Program, and the terms of the draft preservation contract, at a public hearing on October 25, 2020, and by a vote of 5-0-2 (two vacancies), recommended the Council approve the contract. Policy Context The recommended action on this item is supported by historical preservation policies set out in § 3.0 of the Conservation and Open Space Element of the City’s General Plan, particularly Program 3.6.2, regarding participation in financial incentive programs to encourage maintenance and restoration of historic properties, and also with the purpose of encouraging private stewardship of historic buildings through incentives, as provided by § 14.01.010 (B)(3) of the City’s Historic Preservation Ordinance. Public Engagement Public notice of this hearing has been provided to owners and occupants of property near the subject site, and published in The New Times and posted on the City’s website. The agendas for this meeting have been posted at City Hall and online, consistent with adopted notification procedures for development projects. ENVIRONMENTAL REVIEW Entering into a “Mills Act Contract” with the owners of historical property is not subject to the provisions of the California Environmental Quality Act (CEQA) because it is not a project as defined in CEQA Guidelines § 15378 (Definitions – Project). Implementation of the Mills Act is a government fiscal activity which does not involve commitment to any specific project resulting in a potentially significant physical impact on the environment (CEQA Guidelines § 15378 (b) (4)). Page 274 of 450 Item 5h FISCAL IMPACT Budgeted: No Budget Year: 2021 Funding Identified: No Fiscal Analysis Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund N/A $ $ $ State Federal Fees Other: Total $ $0 $ $0 After the Mills Act contract is recorded, the County Assessor values the property by an income capitalization method, following guidelines provided by the State Board of Equalization. Because of the timing and the method of valuing the restricted property, it is difficult to accurately estimate the tax savings and resulting fiscal impacts to the City under a particular historical property contract. However, the Office of Historic Preservation (California Department of Parks and Recreation) estimates that property owners participating in the program may realize property tax savings of between 40% and 60% each year for newly improved or purchased older properties. The City’s property tax revenue will be reduced accordingly. ALTERNATIVES 1. Decline to enter into a Mills Act Historical Property Contract with the property owner. This alternative is not recommended. The contract provides a tax relief incentive that is a tool for achieving the City’s goals for historical preservation. 2. Continue consideration of the request to a future date for additional information or discussion ATTACHMENTS A – Draft Resolution approving a Mills Act Contract with the owners of 201 Buena Vista B – Draft Historic Property Preservation Agreement for 201 Buena Vista Page 275 of 450 Page 276 of 450 R _____ RESOLUTION NO. ____ (2021 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, APPROVING A HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY AND THE OWNERS OF THE KENNETH AND MARTHA SCHWARTZ HOUSE AT 201 BUENA VISTA AVENUE (APPLICATION NO. HIST-0748-2021) WHEREAS, the City Council of the City of San Luis Obispo is authorized by California Government Code § 50280 et seq. (known as “the Mills Act”) to enter into contracts with the owners of qualified historical properties to provide for appropriate use, maintenance, and rehabilitation such that these historic properties retain their historic characteristics; and WHEREAS, the City Council has adopted Resolution No. 9136 (2000 Series), establishing the Mills Act Historic Property Tax Incentive Program as an on-going historic preservation program to promote the preservation, maintenance and rehabilitation of historic resources through financial incentives; and WHEREAS, the City Council of the City of San Luis Obispo has designated this property as a historic resource of the City of San Luis Obispo pursuant to the policies in the City’s Historic Preservation Program Guidelines; and WHEREAS, Thomas G. Brajkovich and Mary Kay Harrington are the owners of that certain qualified real property, together with associated stru ctures and improvement thereon, located on Assessor’s Parcel Number 052-131-010, located at 201 Buena Vista Avenue, in the City of San Luis Obispo, California, also described as the Kenneth and Martha Schwartz House; and WHEREAS, the City and Owners, for their mutual benefit, now desire to enter into an agreement to limit the use of the property to prevent inappropriate alterations and to ensure that character-defining features are preserved and maintained in an exemplary manner, and repairs and improvements are completed as necessary to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Sec. 50280 et seq., and to qualify for an assessment of valuation pursuant to Article 1.9, Sec. 439 et. seq. of the Revenue and Taxation Code. WHEREAS, the Cultural Heritage Committee of the City of San Luis Obispo conducted a public hearing via teleconference from the City of San Luis Obispo, California, on November 8 for the purpose of reviewing the proposed historic property preservation agreement, and recommended that the City enter into the agreement ; and Page 277 of 450 Resolution No. ____ (2021 Series) Page 2 R _____ WHEREAS, the City Council conducted a public hearing via teleconference from the City of San Luis Obispo, California, on December 7, 2021 for the purpose of considering approval of the historic property preservation agreement, and has duly considered all evidence, including the record of the Cultural Heritage Committee hearing and recommendation, testimony of the applicant and interested parties, an d the evaluation and recommendation by staff, present at said hearing; and WHEREAS, notices of said public hearings were made at the time and in the manner required by law. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. Based upon all the evidence, the City Council makes the following findings: 1. Conservation and Open Space Element Program 3.6.2 states that the City will participate in financial assistance programs such as property tax reduction programs that encourage maintenance and restoration of historic properties. 2. The Kenneth and Martha Schwartz House, located at 201 Buena Vista Avenue, has been recognized as a historic asset in the community by its designation as a Master List Historic Property by the City Council on September 7, 2021 (Resolution 11274). As such, maintaining the structure will meet the City’s goals for historic preservation listed in policies 3.3.1 through 3.3.5 of the Conservation and Open Space Element. SECTION 2. Environmental Determination. The City Council has determined that the above actions do not constitute a project, as defined in California Environmental Quality Act Guidelines § 15378 and are not subject to environmental review. SECTION 3. Historic Property Preservation Agreement Approved. The City Council hereby approves the “Historic Property Preservation Agreement between the City of San Luis Obispo and the Owners of the Historic Property Located at 201 Buena Vista Avenue,” to be entered into by the City and the property owner s, Thomas G. Brajkovich and Mary Kay Harrington. SECTION 4. Community Development Director Authorized to Sign Agreement for City. The City Council hereby authorizes the Community Development Director to execute said agreement on behalf of the Council of the City of San Luis Obispo. Page 278 of 450 Resolution No. ____ (2021 Series) Page 3 R _____ SECTION 5. Recordation of the Agreement. No later than twenty (20) days after the parties enter into said agreement, the City Clerk shall cause the agreement to be recorded in the Office of the County Recorder of the County of San Luis Obispo. On motion of Council Member ___________, seconded by Council Member _____________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was passed and adopted this ____ day of ___________ 2021. ___________________________ Mayor Erica A. Stewart ATTEST: _________________________ Teresa Purrington City Clerk APPROVED AS TO FORM: __________________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. ___________________________ Teresa Purrington City Clerk Page 279 of 450 Page 280 of 450 HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE OWNERS OF THE HISTORIC PROPERTY LOCATED AT 201 BUENA VISTA AVENUE, IN THE CITY OF SAN LUIS OBISPO, SAN LUIS OBISPO COUNTY, STATE OF CALIFORNIA. THIS AGREEMENT is made and entered into this ________ day of ________ , 2021, by and between the City of San Luis Obispo, a municipal corporation (hereinafter referred to as the “City”), and Thomas G. Brajkovich and Marky Kay Harrington, husband and wife as joint tenants (hereinafter referred to as “Owners”), and collectively referred to as the “Parties.” WHEREAS, Owners are the owners of that certain real property commonly known as 201 Buena Vista Avenue (APN 052-131-010), and legally described as shown in the attached “Exhibit B” (“Owners’ Property”); and WHEREAS, Owners have agreed to enter into an Historical Property Contract with the City for the preservation, maintenance, restoration, or rehabilitation of Owners’ Property, an historic resource within the City; NOW, THEREFORE, in consideration of the above recitals and in further consideration of the mutual benefits, promises, and agreements set out herein, the Parties agree as follows: Section 1. Description of Preservation Measures. The Owners, their heirs, or assigns hereby agree to undertake and complete, at their expense, the preservation, maintenance, and improvements measures described in “Exhibit A” attached hereto. Section 2. Effective Date and Term of Agreement. This agreement shall be effective and commence upon recordation and shall remain in effect for an initial term of ten (10) years thereafter. Each year upon the anniversary of the agreement’s effective date, such initial term will automatically be extended as provided in California Government Code Section 50280 through 50290 and in Section 3, below. Section 3. Agreement Renewal and Non-renewal. a. Each year on the anniversary of the effective date of this agreement (hereinafter referred to as “annual renewal date”), a year shall automatically be added to the initial term of this agreement unless written notice of non-renewal is served as provided herein. b. If the Owners or the City desire in any year not to renew the agreement, the Owners or the City shall serve written notice of non-renewal of the agreement on the other party. Unless such notice is served by the Owners to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owners at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the agreement as provided herein. Page 281 of 450 Historic Property Preservation Agreement 201 Buena Vista Avenue Page 2 c. The Owners may make a written protest of the notice. The City may, at any time prior to the annual renewal date, withdraw its notice to the Owners of non-renewal. d. If either the City or Owners serves notice to the other party of non-renewal in any year, the agreement shall remain in effect for the balance of the term then remaining. Section 4. Standards and Conditions. During the term of this agreement, the historic property shall be subject to the following conditions: a. Owners agree to preserve, maintain, and, where necessary, restore or rehabilitate the building and its character-defining features, including: the building’s general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings; interior architectural elements that are integral to the building’s historic character or significance; exterior materials, coatings, textures, details, mass, roof line, porch, and other aspects of the appearance of the building’s exterior, as described in Exhibit A, to the satisfaction of the Community Development Director or his designee. b. All building changes shall comply with applicable City specific plans, City regulations and guidelines, and conform to the rules and regulations of the Office of Historic Preservation of the California Department of Parks and Recreation, namely the U.S. Secretary of the Interior’s Standards for Rehabilitation and Standards and Guidelines for Historic Preservation Projects. Interior remodeling shall retain original, character-defining architectural features such as oak and mahogany details, pillars and arches, special tile work, or architectural ornamentation to the greatest extent possible. c. The Community Development Director shall be notified by the Owners of changes to character-defining exterior features prior to their execution, such as major landscaping projects and tree removals, exterior door or window replacement, repainting, remodeling, or other exterior alterations requiring a building permit. The Owners agree to secure all necessary City approvals and/or permits prior to changing the building’s use or commencing construction work. d. Owners agree that property tax savings resulting from this agreement shall be used for property maintenance and improvements as described in Exhibit A. e. The following are prohibited: demolition or partial demolition of the historic building; exterior alterations or additions not in keeping with the standards listed above; dilapidated, deteriorating, or unrepaired structures such as fences, roofs, doors, walls, windows; outdoor storage of junk, trash, debris, appliances, or furniture visible from a public way; or any device, decoration, structure, or vegetation which is unsightly due to lack of maintenance or because such feature adversely affects, or is visually incompatible with, the property’s recognized Page 282 of 450 Historic Property Preservation Agreement 201 Buena Vista Avenue Page 3 historic character, significance, and design as determined by the Community Development Director. f. Owners shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the historic property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City as may be necessary to determine the Owners’ compliance with the terms and provisions of this agreement. Section 5. Furnishing of Information. The Owners hereby agree to furnish any and all information requested by the City which may be necessary or advisable to determine compliance with the terms and provisions of this agreement. Section 6. Cancellation. a. The City, following a duly-noticed public hearing by the City Council as set forth in Government Code Section 50285, may cancel this agreement if it determines that the Owners have breached any of the conditions of this agreement or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historic property; or if the City determines that the Owners have failed to preserve, maintain, or rehabilitate the property in the manner specified in Section 4 of this agreement. If a contract is cancelled because of failure of the Owners to preserve, maintain, and rehabilitate the historic property as specified above, the Owners shall pay a cancellation fee to the State Controller as set forth in Government Code Section 50286, which states that the fee shall be 12 ½% of the full value of the property at the time of cancellation without regard to any restriction imposed with this agreement. b. If the historic building is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of the agreement, the agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. Section 7. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the agreement. In the event of a default, under the provisions to cancel the agreement by the Owners, the City shall give written notice of violation to the Owners by registered or certified mail addressed to the address stated in this agreement. If such a violation is not corrected to the reasonable satisfaction of the Community Development Director or designee within thirty (30) days thereafter; or if not corrected within such a reasonable time as may be required to cure the breach or default of said breach; or if the default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owners); Page 283 of 450 Historic Property Preservation Agreement 201 Buena Vista Avenue Page 4 then the City may, without further notice, declare a default under the terms of this agreement and may bring any action necessary to specifically enforce the obligations of the Owners growing out of the terms of this agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owners or apply for such relief as may be appropriate. b. The City does not waive any claim of default by the Owners if the City does not enforce or cancel this agreement. All other remedies at law or in equity which are not otherwise provided for in this agreement or in the City’s regulations governing historic properties are available to the City to pursue in the event that there is a breach or default under this agreement. No waiver by the City of any breach or default under this agreement shall be deemed to be a waiver of any other subsequent breach thereof or default herein under. c. By mutual agreement, City and Owners may enter into mediation or binding arbitration to resolve disputes or grievances growing out of this contract. Section 8. Binding Effect of Agreement. The Owners hereby subject the historic building located at 201 Buena Vista Avenue, San Luis Obispo, California, Assessor’s Parcel Number 052-131-010, and legally described as shown in the attached “Exhibit B”, to the covenants, reservations, and restrictions as set forth in this agreement. The City and Owners hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owners’ successors and assigns in title or interest to the historic property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the historic property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this agreement regardless of whether such covenants, restrictions, and reservations are set forth in such contract, deed, or other instrument. Section 9. Notice. Any notice required by the terms of this agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the Parties hereto. To City: Community Development Director City of San Luis Obispo 919 Palm Street San Luis Obispo, CA 93401 To Owners: Thomas G. Brajkovich Mary Kay Harrington 201 Buena Vista Ave San Luis Obispo CA 93405 Page 284 of 450 Historic Property Preservation Agreement 201 Buena Vista Avenue Page 5 Section 10. General Provisions. a. None of the terms, provisions, or conditions of this agreement shall be deemed to create a partnership between the Parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owners agree to hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or from claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or activities of the Owners, or from those of his contractor, subcontractor, agent, employee, or other person acting on the Owners’ behalf which relates to the use, operation, maintenance, or improvement of the historic property. The Owners hereby agree to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all claims or actions for damages caused by, or al leged to have been caused by, reason of the Owners’ activities in connection with the historic property, excepting however any such claims or actions which are the result of the sole negligence or willful misconduct of City, its officers, agents, or employees. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications, or other documents for the historic property. d. All of the agreements, rights, covenants, reservations, and restrictions contained in this agreement shall be binding upon and shall inure to the benefit of the Parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the historic property, whether by operation of law or in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney’s fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be affected thereby. g. This agreement shall be construed and governed in accordance with the laws of the State of California. Page 285 of 450 Historic Property Preservation Agreement 201 Buena Vista Avenue Page 6 Section 11. Amendments. This agreement may be amended, in whole or in part, only by a written recorded instrument executed by the Parties hereto. Section 12. Recordation and Fees. No later than twenty (20) days after the Parties enter into this agreement, the City shall cause this agreement to be recorded in the office of the County Recorder of the County of San Luis Obispo. Participation in the program shall be at no cost to the Owners; however, the City may charge reasonable and necessary fees to recover direct costs of executing, recording, and administering the historical property contracts. IN WITNESS WHEREOF, the City and Owners have executed this agreement on the day and year written above. OWNERS ____________________________________ ______________________________ Thomas G. Brajkovich Date ____________________________________ ______________________________ Mary Kay Harrington Date CITY OF SAN LUIS OBISPO ____________________________________ ______________________________ Mayor Erica A. Stewart Date Pursuant to authority conferred by Resolution No. NNNNN (2021 Series) ATTEST: ______________________________ Teresa Purrington City Clerk APPROVED AS TO FORM: ______________________________ J. Christine Dietrick City Attorney ALL SIGNATURES MUST BE NOTARIZED Page 286 of 450 Historic Property Preservation Agreement 201 Buena Vista Avenue Page 7 EXHIBIT “A” MAINTENANCE AND IMPROVEMENT MEASURES FOR THE KENNETH AND MARTHA SCHWARTZ HOUSE LOCATED AT 201 BUENA VISTA AVENUE, SAN LUIS OBISPO, CALIFORNIA Owners shall preserve, maintain, and repair the historic building, including its character-defining architectural features in good condition, to the satisfaction of the Community Development Director or designee, pursuant to a Mills Act Preservation Contract with the City of San Luis Obispo for property located at 201 Buena Vista Avenue. Character-defining features shall include, but are not limited to: roof, eaves, dormers, trim, porches, walls and siding, architectural detailing, doors and windows, window screens and shutters, balustrades and railings, foundations, and surface treatments. Owners agree to make the following improvements or repairs during the term of this contract but in no case later than ten (10) years from the contract date. All changes or repairs shall be consistent with the City’s Historic Preservation Ordinance and the Secretary of the Interior’s Standards for the Treatment of Historic Properties:  Floor and carpet replacement  Window safety film and curtain coverings  Lighting repair and replacement  Painting interior walls; re-stain woodwork  Replacement of termite-damaged siding  Tile replacement  Roof replacement; solar and photo-voltaic installation  Patio replacement; retaining wall repair  Landscape replacements and renewal, including irrigation Page 287 of 450 Historic Property Preservation Agreement 201 Buena Vista Avenue Page 8 EXHIBIT “B” Legal Description For APN/Parcel ID(s): 052-131-010 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: LOT 29 AND THAT PORTION OF LOT 30 IN BLOCK 1 OF MONTEREY HEIGHTS, ACCORDING TO MAP RECORDED SEPTEMBER 23, 1925 IN BOOK 3 AT PAGE 66 OF MAPS, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 29; THENCE NORTH 65° 27' 30" EAST 66.43 FEET TO THE EASTERLY LINE OF SAID LOT 30; THENCE SOUTHEASTERLY ALONG SAID EASTERLY LINE ON A CURVE TO THE LEFT TANGENT TO A LINE THAT BEARS SOUTH 65° 50' EAST WITH A RADIUS OF 70.00 FEET THROUGH AN ANGLE OF 12° 49' FOR A DISTANCE OF 15.70 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 29; THENCE SOUTH 78° 39' EAST ALONG THE NORTHEASTERLY LINE OF SAID LOT 29, 27.50 FEET; THENCE CONTINUING ALONG SAID NORTHEASTERLY LINE THE FOLLOWING COURSES AND DISTANCES; ON A CURVE TO THE RIGHT WITH A RADIUS OF 80.00 FEET FOR A DISTANCE OF 66.60 FEET; SOUTH 30° 59' EAST, 37.80 FEET; ON A CURVE TO THE RIGHT WITH A RADIUS OF 7.00 FEET FOR A DISTANCE OF 16.40 FEET; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 29 ON A CURVE TO THE LEFT WITH A RADIUS OF 125.00 FEET FOR A DISTANCE OF 69.90 FEET AND SOUTH 71° 03' WEST, 22.10 FEET ON A CURVE TO THE LEFT WITH A RADIUS 300.00 FEET FOR A DISTANCE OF 78.5 FEET AND SOUTH 56° 03' WEST, 2.50 FEET TO THE SOUTHWEST CORNER OF SAID LOT 29; THENCE NORTH 1° 18' WEST ALONG THE WEST LINE OF SAID LOT 29, 107.40 FEET TO THE POINT OF BEGINNING. Page 288 of 450 Historic Property Preservation Agreement 201 Buena Vista Avenue Page 9 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/they executed the same in his/her/their authorized capacity(ies), and that by his/her/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/they executed the same in his/her/their authorized capacity(ies), and that by his/her/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. 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. Page 289 of 450 Historic Property Preservation Agreement 201 Buena Vista Avenue Page 10 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/they executed the same in his/her/their authorized capacity(ies), and that by his/her/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/they executed the same in his/her/their authorized capacity(ies), and that by his/her/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. 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. Page 290 of 450