HomeMy WebLinkAboutD-2015-AI Non Conversion Agreement APN 003-524-016Recording Requested by:
Leroy Scott Bren and Karen Wyckoff Bren
1073 Ella Street
San Luis Obispo, CA 93401
When recorded return to:
City of San Luis Obispo Public Works Department
Development Review Division
919 Palm Street
San Luis Obispo, CA 93401
TOMMY GONG
San Luis Obispo County—Clerk/Recorder
Recorded at the request of
FIS MULTIPAY CREDIT/DEBIT
AG
11/16/2015
10:06 AM
D O C,# : 2015058332 Titles: 1 Pages: 4
Fees 23.00
Taxes 0.00
Others 0.00
PAID $23.00
NON -CONVERSION AGREEMENT
FOR STRUCTURES WITHIN SPECIAL FLOOD HAZARD AREAS
(Attached & Detached Garages or Sheds; Accessory Structures Under 150 Square Feet and $1500
in value; and/or Enclosed Areas Greater Than 5 Feet in Height)
This agreement is made and entered into this 1 3 day of , 2014, by
and between Leroy Scott Bren and Karen Wyckoff Bren, (hereinafter called " wner") and the CITY
OF SAN LUIS OBISPO, A MUNICIPAL CORPORATION (hereinafter called "City").
WITNESSETH
WHEREAS, Owner has applied for a Construction Permit/Permit Application # 121036
within the City of San Luis Obispo for property located at 1325,1327, and 1329 Garden Street, San
Luis Obispo, California and
WHEREAS, approval of said permit by City entitles Owner to modify or construct 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.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.
2.01 � ;4-�--
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:
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 shall inure 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. Legal: Parcel 1 of Map No. SL08-39 in the City of San Luis Obispo, County of
San Luis Obispo, State of California, according to the map recorded August 31,
2010 in book 74, page 32-34 of parcel maps, in the office of the County Recorder
of said County
2. Assessor's Parcel Number: 003-524-016
3. Commonly known as: 1325, 1327, and 1329 Garden Street
This covenant shall run with the land and shall be binding upon the undersigned owners, their
heirs, executors, administrators, and assigns.
Dated this f 2- day of C&,t W=�( , 2014
,Auwne
t Bren
State of California }
County of San Luis Obispo }
Karen Wyckoff B n
On G - t -D 2014, before me, �� l C. Notary Public,
personally appeared Leroy Scott Bren and Karen Wyckoff Bren who proved to me on the basis of satisfactory
evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they
executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity
upon behalf of which the persons 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.
W 1TNE fficial seal.
Notary Public
". Via- Wendy M. Trecartin
Commission 0 2075978
a all - Notary Public - California
~" San Luis Obispo County A
My Comm. Expires July 27, 2018
CaRacityclaimed by sigger(s):
( ) individual(s) ( ) corporation () partnership () attorney -in -fact () political agency
Barkara Lynch, City Engineer
City kf San Luis Obispo
(Auth ization — City of San Luis Obispo Municipal Code Section 12.16.050)
State of CafifQrnia }
County of San , 's Obispo }
On 2014 before me, Notary Public,
personally appeared Ba%the
h, proved to me on the basis of s actory evidence to be the person whose name is
subscribed to the withininsand acknowledged to me tl� : ie executed the same in her capacity, and that by her
signature on the instrumon or the entity upon bef of which the person acted, executed the instrument.
I certify under PENALTY OF
and correct.
Witness my hand and official seal.
under
, Notary Public
( X ) political agency
of the State of California that the foregoing paragraph is
g:\permits\streets\......\flood\non-conversion agreement......
APPROVED:
ft� 0 -V�Z
Daryl Grigsby'Tublic W rks irector
City of San Luis Obispo
(Authorization — City of San Luis Obispo Municipal Code Section 17.84.040.A)
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 '] AQ 17"before me,
Dale f
personally appeared,
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.
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.
PHYLLIS ANTHONY SIMPSON} '
CoMITA11 iioo 0 2089198
Notary Public - California
girl Luis Chiapc County '
Comm Egra may 23, 2018
Signa� e
�& ' Signature of Notary PlIp Place Notary Seal Above
END OF DOCUMENT