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HomeMy WebLinkAboutItem 4a. 211 Chorro St. (HIST-0174-2022) CULTURAL HERITAGE COMMITTEE AGENDA REPORT SUBJECT: HISTORIC PROPERTY PRESERVATION CONTRACT FOR 211 CHORRO STREET (MULLER-NOGGLE HOUSE AND GARAGE). PROJECT ADDRESS: 211 Chorro St. BY: Graham Bultema, Assistant Planner Phone Number: 805-781-7111 Email: gbultema@slocity.org FILE NUMBER: HIST-0174-2022 FROM: Brian Leveille, Senior Planner APPLICANT: James & Mai Haselman REPRESENTATIVE: James Papp RECOMMENDATION Recommend to the City Council that the City enter into a Mills Act historic property contract with the property owners, to encourage maintenance and restoration of the historic property at 211 Chorro Street (the Muller-Noggle House and Garage). 1.0 BACKGROUND The owner of the Muller-Noggle House and Garage at 211 Chorro Street (Figure 1) submitted an application to enter into a Mills Act historical property contract with the City. The Committee will make a recommendation to the City Council about the request, as provided in § 14.01.030(B) (8) of the City’s Historical Preservation Ordin ance. 2.0 SITE AND SETTING The property is at the southwest corner of Mission and Chorro Streets, in the Mount Pleasanton Square / Anholm Neighborhood, a low-density residential area northwest of Downtown between the base of Cerro San Luis Obispo and Stenner Creek. The property was developed with a single-story dwelling built in 1936, designed by Los Angeles-based architect Edla Muir, built by local builder F.C. Stolte, and occupied by local attorney A.V. Muller and his wife Elizabeth. The property was designated as a “Master List Re source” by the City Council in January 2022 (by Resolution No. 11298, see Attachment A). 3.0 MILLS ACT CONTRACTS The Mills Act Program is a property tax reduction program for protection of cultural resources that encourages their maintenance and restorati on (§ 3.6.2 of the General Plan Conservation and Open Space Element). Participation in the program is limited to Master List Resources; the most unique and important historic resources in terms of age, architectural or historical significance, rarity, or a ssociation with important persons or events in the City’s past (HPO § 14.01.050 (A)). Meeting Date: 5/24/2022 Item Number: 4a Time Estimate: 30 Minutes Figure 1: Muller-Noggle House Page 9 of 123 Item 4a HIST-0174-2022 (211 Chorro) Cultural Heritage Committee Report – May 24, 2022 The City and owners of a Master List Resource enter into an historical property contract under which the owners agree to restore, maintain, and protect the property in accordance with historical preservation standards. Owners may qualify for property tax relief, potentially realizing tax savings of between 40% and 60% per year. Contracts have a minimum term of ten years, and contain standard elements set out in the Mills A ct (Govt. Code §§ 50280 – 50290), including: a provision for preservation (or, where necessary, restoration and rehabilitation) of the property in conformance with state historic preservation guidelines; periodic examination of the property for compliance with the contract; and a provision binding the contract upon successive owners. Automatic one - year extensions are provided, unless either party gives notice of non -renewal of the contract. 4.0 PROPOSED IMPROVEMENTS Several improvements and maintenance items are identified by the applicant (Attachment B) for completion during the term of the proposed contract. All of the items discussed appear to be relevant to the preservation and maintenance of this property and are included in Exhibit A of the proposed contract (Attachment C). Additionally, any work undertaken on the property must, under the terms of the contract, be carried out in a manner consistent with the City’s historical preservation standards and guidelines and with the Secretary of the Interior’s Standards for Treatment of Historic Properties, so as to retain and preserve original, character-defining architectural features and the historical character of the property. 5.0 ACTION ALTERNATIVES 1. Staff Recommendation: Recommend to the City Council that the City enter into a Mills Act historic property contract with the property owners, to encourage maintenance and restoration of the historic property at 211 Chorro Street. 2. Continue consideration of the request with direction to the applicant and staff. 3. Recommend to the City Council that the City not enter into the proposed historical property contract. This action is not recommended because the City participates in incentive programs that encourage maintenance and restoration of historic properties, (General Plan Conservation and Open Space Element, Program 3.6.2), and as a Master List Resource, this property is eligible for this program. 6.0 ATTACHMENTS A - City Council Resolution No. 11298 (2022 Series) B - Applicant Request Letter and List of Improvements (Ma rch 2022) C - Historic Property Contract (211 Chorro Street – Draft) Page 10 of 123 R 11298 RESOLUTION NO. 11298 (2022 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, ADDING THE PROPERTY LOCATED AT 211 CHORRO STREET TO THE MASTER LIST OF HISTORIC RESOURCES AS “THE MULLER-NOGGLE HOUSE AND GARAGE” (HIST-0608-2021) WHEREAS, the applicants, James & Mai Haselman, filed an application on September 8, 2021, for review of the inclusion of the property at 211 Chorro Street on the City’s Master List of Historic Resources; and 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, 2021 and recommended that the City Council add the property at 211 Chorro Street to the Master List of Historic Resources; and WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing on January 11, 2022 for the purpose of considering the request to add the property to the Inventory of Historic Resources; and WHEREAS, notices of said public hearings were made at the time and in the manner required by law; and WHEREAS, the City Council has duly considered all evidence, including the record of the Cultural Heritage Committee hearing and recommendation, testimony of the applicant and interested parties, and the evaluation and recommendation presented by staff. 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: a) The subject property is eligible for inclusion in the City’s Inventory of Historic Resources as a Master List Resource because the dwelling on the property satisfies at least one of the evaluation criteria for historic resource listing described in § 14.01.070 of the City’s Historic Preservation Ordinance HPO), exhibits a high degree of historic integrity, and is more than 50 years old. DocuSign Envelope ID: D5095864-95EB-44F0-9C02-169873E34FF3 APPENDIX A Page 11 of 123 Resolution No. 11298 (2022 Series) Page 2 R 11298 b) The dwelling and garage on the subject properties satisfy Architectural Criteria for Style, Design, and Architect (§§ 14.01.070 (A)), and Criteria for Integrity (§§ 14.01.070 (C)) to a degree that qualifies the property for designation as a Master List Historic Resource. They convey a purity of style, exhibit attractiveness through detailing and craftsmanship, and exhibit many characteristic features of the Minimal Traditional style in a manner that expresses interesting details with notable attractiveness. The buildings occupy their original site, with their exterior and interior largely unaltered, and retain their characteristic design and materials. The dwelling and garage were designed by Edla Muir, a pioneering California woman architect noted for her Modernist architectural work. SECTION 2. Environmental Determination. The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA). Inclusion of the subject property on the City’s Inventory of Historic Resources does not have the potential for causing a significant effect on the environment, and so is covered by the general rule described in § 15061 (b) (3) of the CEQA Guidelines. DocuSign Envelope ID: D5095864-95EB-44F0-9C02-169873E34FF3 APPENDIX A Page 12 of 123 Resolution No. 11298 (2022 Series) Page 3 R 11298 SECTION 3. Action. The City Council of the City of San Luis Obispo does hereby include the property located at 211 Chorro Street in the Master List of Historic Resources as “The Muller-Noggle House and Garage.” Upon motion of Vice Mayor Christianson, seconded by Council Member Marx, and on the following roll call vote: AYES: Council Member Marx, Pease, Shoresman, Vice Mayor Christianson, and Mayor Stewart NOES: None ABSENT: None The foregoing resolution was adopted this 11th day of January 2022. 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 DocuSign Envelope ID: D5095864-95EB-44F0-9C02-169873E34FF3 1/13/2022 | 11: 48 AM PST APPENDIX A Page 13 of 123 Page 14 of 123 Mills Act Application, Muller-Noggle House and Garage, 211 Chorro Street Master Listing and Historic Background The Muller-Noggle House and Garage at 211 Chorro Street were added to the city’s Master List of Historic Properties in January 2022. They were designed in 1936 by the architect Edla Muir, during her partnership with Santa Monica architect John Byers. Of some four hundred properties on the Master List, 211 Chorro is only the second by a woman architect, after Julia Morgan’s Monday Club. The house and garage were built by the F. C. Stolte Company, the contractor for Hearst Castle, and they comprise one of only two residential projects by the Stolte Company documented in San Luis. The Muller-Noggle House and Garage are significant for being the work of a master architect and of high artistic quality and embodying the Late Georgian Revival in a Minimal Traditional context. Like Morgan a generation before, Muir became regionally known in one genre and nationally known in another. Morgan moved from First Bay Tradition to post–World War I revival styles, and Muir moved from revival styles to post–World War II Modernism. At the time Muir designed the Muller-Noggle House in 1936, she had received exposure in the Federal Housing Administration’s Modeltown in San Diego and the California House and Garden Exposition in Los Angeles, and it is possible she had come to the attention of attorney A. V. Muller through his contemporary work for San Luis Obispo under the National Housing Act. Overall condition The property was purchased by John and Neva Noggle in 1953; John occupied it till his death in 2000 and Neva till her death in 2020. As with many houses long occupied by a single family, the Muller-Noggle House is in reasonable cosmetic condition but needs major foundation work and updating such as HVAC. The garage also requires a new foundation, a new roof, and—like many historic structures seeking utility to survive—adaptive reuse, in this case to an ADU. California’s Mills Act Passed by the legislature at the instigation of State Senator Jim Mills of San Diego, struck down by the State Supreme Court, and re-passed by the people of California as a referendum in 1972, the Mills Act recognizes the high costs of maintaining the historic nature of a historic resource, which includes adherence to the Secretary of the Interior’s standards for minimal intervention with maximal care. A Mills Act contract runs for a renewable ten-year period. The county calculates benefits to a formula based largely on 20 percent of the annual rental value of the house with a few additional factors. APPENDIX B Page 15 of 123 List of improvements The city mandates that Mills Act applications contain specific “repairs, improvements, or maintenance” in order to have an enforcement mechanism. Expressed within the conceptual framework of the Secretary of the Interior’s standards, these would be preservation, restoration, rehabilitation, and reconstruction. Anticipated work on the Muller-Noggle House includes •Rehabilitation of HVAC (over the next year) •Extensive foundation restoration for the structural integrity of the creekside house (over the next two years) •Reroofing and the rehabilitation of foundation for the garage and addition of minimally invasive insulation, including preservation of the exposed roof structure (over the next two years) •Preservation and restoration of exterior siding, brickwork, and other exterior fabric in the period of significance (over the next ten years) •Preservation and restoration of period-appropriate fencing, including brick, wood, and wrought iron (over the next ten years) •Rehabilitation of electrical and plumbing systems and restoration of any structural work in addition to the foundation for the safety and maintenance of the house and its fabric (over the next ten years) Submitted on behalf of Jim and Mai Haselman by James Papp, PhD • Historicities LLC • 24 March 2022 APPENDIX B Page 16 of 123 HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE OWNERS OF THE HISTORIC PROPERTY LOCATED AT 211 CHORRO STREET, IN THE CITY OF SAN LUIS OBISPO, SAN LUIS OBISPO COUNTY, STATE OF CALIFORNIA. THIS AGREEMENT is made and entered into this ________ day of ________ , 2022, by and between the City of San Luis Obispo, a municipal corporation (hereinafter referred to as the “City”), and James Haselman (hereinafter referred to as “Owner”), and collectively referred to as the “parties.” WHEREAS, Owner is the owner of that certain real property commonly known as 211 Chorro Street (APN 001-103-007), and legally described as shown in the attached “Exhibit B” (“Owner’s Property”); and WHEREAS, Owner has agreed to enter into an Historical Property Contract with the City for the preservation, maintenance, restoration, or rehabilitation of Owner’s 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 Owner, his 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 Owner or the City desire in any year not to renew the agreement, the Owner or the City shall serve written notice of non-renewal of the agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner 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. c.The Owner 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 Owner of non-renewal. APPENDIX C Page 17 of 123 Historic Property Preservation Agreement 211 Chorro Street Page 2 d. If either the City or the Owner 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. Owner agrees 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 Owner 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 Owner agrees to secure all necessary City approvals and/or permits prior to changing the building’s use or commencing construction work. d. Owner agrees 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 historic character, significance, and design as determined by the Community Development Director. APPENDIX C Page 18 of 123 Historic Property Preservation Agreement 211 Chorro Street Page 3 f. Owner 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 Owner’s compliance with the terms and provisions of this agreement. Section 5. Furnishing of Information. The Owner hereby agrees 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 Owner has 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 Owner has 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 Owner to preserve, maintain, and rehabilitate the historic property as specified above, the Owner 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 Owner, the City shall give written notice of violation to the Owner 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 Owner); 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 Owner growing out of the terms of this agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as may be appropriate. APPENDIX C Page 19 of 123 Historic Property Preservation Agreement 211 Chorro Street Page 4 b. The City does not waive any claim of default by the Owner 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 Owner may enter into mediation or binding arbitration to resolve disputes or grievances growing out of this contract. Section 8. Binding Effect of Agreement. The Owner hereby subjects the historic building located at 211 Chorro Street, San Luis Obispo, California, Assessor’s Parcel Number 001-103- 007, 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 Owner 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 Owner’s 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 Owner: James Haselman 211 Chorro Street San Luis Obispo, CA 93401 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. APPENDIX C Page 20 of 123 Historic Property Preservation Agreement 211 Chorro Street Page 5 b. The Owner agrees 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 Owner, or from those of his contractor, subcontractor, agent, employee, or other person acting on the Owner’s behalf which relates to the use, operation, maintenance, or improvement of the historic property. The Owner hereby agrees 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 alleged to have been caused by, reason of the Owner’s 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. 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 Owner; however, the City may charge reasonable and necessary fees to recover direct costs of executing, recording, and administering the historical property contracts. APPENDIX C Page 21 of 123 Historic Property Preservation Agreement 211 Chorro Street Page 6 IN WITNESS WHEREOF, the City and Owner have executed this agreement on the day and year written above. OWNER ____________________________________ ______________________________ James Haselman Date CITY OF SAN LUIS OBISPO ____________________________________ ______________________________ Mayor Erica A. Stewart Date Pursuant to authority conferred by Resolution No. 11298 (2022 Series) ATTEST: ______________________________ Teresa Purrington City Clerk APPROVED AS TO FORM: ______________________________ J. Christine Dietrick City Attorney ALL SIGNATURES MUST BE NOTARIZED APPENDIX C Page 22 of 123 Historic Property Preservation Agreement 211 Chorro Street Page 7 EXHIBIT “A” MAINTENANCE AND IMPROVEMENT MEASURES FOR THE MULLER-NOGGLE HOUSE AND GARAGE LOCATED AT 211 CHORRO ST., SAN LUIS OBISPO, CALIFORNIA Owner shall preserve, maintain, and repair the historic buildings, including their 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 211 Chorro Street. 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. Owner agrees 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: ▪ Rehabilitation of HVAC, electrical, and plumbing systems ▪ Foundation restoration and reroofing of the garage, including adding insulation ▪ Foundation restoration for the structural integrity of the creekside house ▪ Foundation restoration for the structural integrity of the house and any other structural work for the safety and maintenance of the house ▪ Preservation and restoration of exterior siding, brickwork, and other exterior materials ▪ Preservation and restoration of fencing, including brick, wood, and wrought iron APPENDIX C Page 23 of 123 Historic Property Preservation Agreement 211 Chorro Street Page 8 EXHIBIT “B” Legal Description For APN/Parcel ID(s): 001-103-007 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: [FINAL LEGAL DESCRIPTION PENDING]. APN: 001-103-007 APPENDIX C Page 24 of 123 Historic Property Preservation Agreement 211 Chorro Street 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. APPENDIX C Page 25 of 123 Historic Property Preservation Agreement 211 Chorro Street 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. APPENDIX C Page 26 of 123