HomeMy WebLinkAboutD-1829 777 Mission Street Recorded 06/26/2009y ` a
Recording Requested by:
Kristopher and Brittany Couch
When recorded return to:
City of San Luis Obispo Public Works Departmer
Development Review Division
919 Palm Street
San Luis Obispo, CA 93401
JULIE RODED'
San Luis Obispo c -clerk/Recorder
Recorded at the request of
Public _
Doc # : 2009034705 Titles: 1
Fees
Taxes
Others
PAID
NON- CONVERSION AGREEMENT
FOR STRUCTURES WITHIN SPECIAL FLOOD HAZARD AREAS
(Attached Garages or Sheds; Accessory Structures Under 150 Square Feet and $1500 in value;
and/or Enclosed Areas Greater Than 5 Feet in Height)
AG
6/26/2009
12:39 PM
Pages: , 3
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This agreement is made and entered into this 2-"l' day of J," . , 2009, by
and between (hereinafter called
"Owner ") and the CITY OF SAN LUIS OBISPO, A MUNICIPAL CORPORATION (hereinafter
called "City").
WITNESSETH
WHEREAS, Owner has received a Construction Permit/ #21740 within the City of San
Luis Obispo for property located at 777 Mission Street, San Luis Obispo, California-and ,
WHEREAS, approval of said permit by City entitles Owner to modify; or construct a
residential addition and remodel considered to be a substantial remodel, which'.includes an existing
attached garage and that does not conform to the freeboard 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.10 of the Code 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.
� 17..19
NOW, THEREFOID in consideration for the granting At onstruction permit for the
above structure which does not conform to the requirements Floodplain Management
Regulations of Section 17.84, Owner agrees to the following:
1. 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 which permit the 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 walls, 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.
8. That this agreement shall be binding upon and shalvinure to the benefit 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, State of
California, and is described as follows:
1. That parcel of land described in the Deed of Trust recorded as Doc #: 2008041625
and on file in the Office of the County Recorder of said county.
2. Assessors Parcel Number: 001 - 103 -009
.3. Commonly known as 777 Mission Street in the City of San Luis Obispo
This covenant shall run with the land and shall be binding upon the undersigned owners, their
heirs, executors, administrators, and assigns.
Dated this 1/ day of 7&� , 2009
Civner(s):
IV
Brittany Couch
K pher Couch
State of California }
County of San Luis Obispo }
On 2009,. before me, , otary Public,
personally appeared Brittany Couch and Kristopher Couch who proved to me on the basis of satisfactory evidence to
be the persons(s) whose name(s) �4kre subscribed to the within instrument and acknowledged to me that, /they
executed the same in Sht,�tTtheir authorized capacity(ies), and that by>i heir 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.
NWI'NESS my handand oXicial seal.
Notary •
Capacity claimed by signer(s):
UMAILLA J. K4NM
Colon • 1791170
i N01ary PlaIk - c4dolm tlp
San Lint Obllpo Corrnllt
UwarvWV� -------
1 401
( ) individual(s) () corporation () partnership () attorney -in -fact () political agency
�JROt:
, Public Works Director
Luis Obispo
ion — City of San Luis Obispo Municipal Code Section 12.16.050)
State of California }
County of San Luis Obispo }
On _2009, before me, tary Public,
personally appeared Jay D. Walter, proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his
signature on the instrument -the person or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the Lqr_e"Z gffjgjWjAjrtre
and correct.
?MAILLA J. MANSON
Commlttlon 0 1 "1176
SS jny nd and i seal. Notary Pubfl� - Califom
4D
lo
Son Lull O�po Counly
C�rrrt 19b m12
Notary Public
Capacity claimed by signer: ( X ) political agency State of California
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