HomeMy WebLinkAboutD-2016-U Non-Conversion Agreement Structure within Flood Hazard Area APN 003-526-008r_,
Fwcarding Requested by:
Christopher J. Knauer and Diana C. Knauer
When recorded return to:
2016038248
Tommy Gong
San Luis Obispo - County Clerk -Recorder
08/08/2016 11:04 AM
Recorded at the request of:
PUBLIC
City of San Luis Obispo, Public- Works Department Titles: 1 Pages: 5
Development Review Division. DiviFees: $26.00
p Taxes: 0.00
919 palm Street Total: t26.00
San Luis Obispo, CA 93401 'III SIR
RN I I,1I I I 1 11
NON-COTWERSION AGREEMENT
FOR STRUCTURES WITHIN SPECIAL FLOOD HAZARD AREAS
(Attached & Detached Garages or Sheds, Accessory Structures Under 150 ware Feet and $1500
in value; and/or Enclosed Areas Greater Than 5 Feet in Height)
This agreement is made and entered into this kod day of A V ' os-r 52016, by
and between Christopher J. Knauer and Diana C. Knauer, Trustees QT the Christopher J. and
Diana C. Knauer Living Trust dated 2/1.4/2000 (hereinafter called "Owner") and the CITY OF
SAN LUIS OBISPO, A 1VIUNICIPAL CORPORATION (hereinafter called "City").
WITN.1 S.SETH
WHEREAS, Owner has applied. for Construction Permits/Permit Applications
BLDG-0597-2014 and BLDG-0598-2014 within the City of San Luis Obispo for property located at
131-7 and,1319-Chorro, San Luis Obispo; Californiaand
INWEREAS, approval of said permit by City entitles Owner to modify or construct two
garages, which do not conform to the elevation requirements of the City of San Luis Obispo's
Floodplain Management Regulations in Section 17.84 of the Municipal Code ("Code"); and
WHEREAS, Section 17.84.040.B. 1-0 -of -the trade provides for the use of Non -Conversion
Agreements to ensure that areas below one foot -above the Base Flood Elevation ("BFE") shall be
used solely for parking vehicles, limited storage, or access to the building and not be finished for use
as human habitation without first becoming fully compliant with the Floodplain Management
Regulations in effect at the time of conversion; and
WHEREAS.. the Director_ of. Public Works is the designated. Flood -Plain- Administrator for
the City per Section 17.84.040.A of said Code, and is authorized to approve Non -Conversion
Agreements per Section 17.84.040.B.10.
vV�
2016 -CJ
NOW, THEREFORE, in consideration for the granting of a construction permit for the
above structure which does not conform to the requirements of the Floodplain Management
Regulations of Section 17.84, Owner agrees to -the -following:
That the enclosed area, if permitted, shall be used solely for parking of vehicles, limited
storage, or access to the building and will never be used for human habitation without first
becoming fully compliant with the City's Floodplain Management Regulations in effect at the
time of conversion.
2. That all interior walls, ceilings, and floors below one foot above the BFE shall be unfinished
or constructed of flood -resistant materials.
3 That mechanical, electrical-, or plumbing devices- shall not be installed below one foot above
the BFE unless otherwise approved for inundation by floodwaters.
4. That the walls of the enclosed areas below one foot above the BFE shall be equipped with at
least two vents whichpermitthe automatic entry and exit of flood water with total openings of
at least one square inch- for every square foot of enclosed area- below flood level. The vents
shall be on at least two different malls, and the bottoms of the vents shall be no more than one
foot above grade. Said walls and foundations shall otherwise be designed to resist any
applicable hydrostatic and hydrodynamic loading.
5.. That the requested structure- may increase the risk to life and property, and may be subject to.
increased premium rates for flood insurance from the National Flood Insurance Program,
6. That any variation in construction beyond what is permitted shall- constitute a violation and be
abatable as such.
7. That the City, upon prior notice of at least 72 hours, may inspect the premises for compliance
with this agreement
S. That this agreement shall be bind]ng upon and shall .inure to the benefi# of, the heirs, assigns,
and all other successors in interest of the parties hereto.
Said property is located in the City of San Luis Obispo, County of San Luis Obispo, Mate of
California, and is described as follows:
Legal: See Exhibit A
2. Assessor's Parcel Number: 003-526-008
3. Conunonly known as 1317 and 1319 Chorro
This covenant shall run with the land and shall be binding upon the undersigned owners, their heirs,
executors, administrators, and assigns.
Dated this 2A day of �l��l 72016.
ALL SIGNATURES MUST BE NOTARIZED
OWNER:
Christopher J. Knauer and Diana C. Knauer, Trustees of the Christopher J. and Diana C. Knauer
Mine Trust dated- 21142000 i
Knauer,ftruste4 Diana C. Knauer, Trustee W
APPROVED:
O'L )U/
Daryl G igsby, Publi *orDirector
City of San Luis Obispo
(Authorization — City of San Luis Obispo Municipal Code Section I7.84-. 040, A)
A Notary Public or other offcercompleting this certificate verifies only the identity of the inctwduai who signed the
document to which this certificate is attached and not the truthfulness, accurracy, or validity of that document.
State of California }
County of San Luis Obispo } ll
On ),A 7-1 7(A lA , before me, 7kkn•
Due
personally appeared, _Li o 5wyn-
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isldM
subscribed to -the -within -instrument and acknowledged to -me -that hel•she/j executed -the -same -in
his/her/their authorized capacity aad that by his/her/ e 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 Nt nd official seal.
AMY BEASLEY
COMM13Slon # 2000827
z ° Notary Public - California x
San Luis Obispo County
My Comm. Expires Dec 13. 2016
Place Notary Seal Above
ACKNOWLEDGMENT
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.
State of California
County of San Luis Obispo
On August 4, 2016
before me, Diane Dostalek, Notary Public
(insert name and title of the officer)
personally appeared Daryl Grigsby
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. Comm ssi n # 2138341
Notary Public - California
San Luis Obispo County
_ My Comm. Ex ires Oec 25, 2449
Signature (Seal)
LEGAL DESCRIPTION
EX- H-tBIT A
THE- LAND REFERRED TO HEREIN BELOW IS SITUATED IN TI VE CITY OF SAN LUIS
OBISPO, COUNTY OF SAN LIIIS OBISPO, STATE OF CALIFORNIA, AND IS DESCRIBED
AS FOLLOWS:
ALL THAT PART OF BLOCK 98 OF THE MISSION VINEYARD TRACT AS SURVEYED
BY HARRIS & LAKIN IN 1872, THE MAP OF WHICH WAS FILED FOR RECORD IN THE
OFFICE OF THE RECORDER OF SAID COUNTY ON MARCH 8, 1873, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE WESTERLY LINE OF CHORRO STREET, IN SAID
CITY OF SAN LUIS OBISPO, 75 FEET SOUTHERLY FROM THE SOUTHWESTERLY
CORNER OF PACIFIC & CHORRO STREETS; & RUNNING THENCE SOUTHERLY
ALONG THE WESTERLY LINE OF CHORRO STREET, 75 FEET; THENCE AT RIGHT
ANGLES WESTERLY 120 FEET; THENCE AT RIGHT ANGLES NORTHERLY 75 FEET,
AND THENCE AT RIGHT ANGLES EASTERLY 120 FEET TO THE PLACE OF
BEGINNING, AND BEING THE SOUTHERLY ONE-HALF OF LOT 2, ALL OF LOT 3, 20
FEET OFF THE EASTERLY END OF THE SOUTHERLY ONE HALF OF LOT 5 & 20 FEET
OFF THE. EAS_TERL Y END OF LOT 5, ALL BEING IN SAID BLOCK 98.
APN: 003-526-008
END OF DOCUMENT