HomeMy WebLinkAboutD-2015-AR Non Conversion Agreement APN 002-442-003, -020, -013Rec6rdir g,Requested by:
Mission Medical Patagona, L.P.
a Delaware limited partnership
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
Public
oo=.: 2015061409
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ID
12/07/2015
10:58 AM
Titles: 1 Pages: 5
Fees 26.00
Taxes 0.00
Others 0.00
PAID $26.00
NON -CONVERSION AGREEMENT
FOR STRUCTURES WITHIN SPECIAL FLOOD HAZARD AREAS
(Attached & Detached Garages or Sheds and Enclosed Areas Greater Than 5 Feet in Height)
This agreement is made and entered into this I e day of Ay0U21'hC]�,t , 2015, by
and between MISSION MEDICAL PATAGONA, L.P., A DELAWARE LIMITED
PARTNERSHIP (hereinafter called "Owner") and the CITY OF SAN LUIS OBISPO, A
MUNICIPAL CORPORATION (hereinafter called "City").
WITNESSETH
WHEREAS, Owner has applied for a Construction Permit/Permit Application
# PLBLDG-1162-2015 within the City of San Luis Obispo for property located at 1321 and 1327
Osos Street, San Luis Obispo, California and
WHEREAS, approval of said permit by City entitles Owner to construct Building "A" of the
Pacific Courtyards project at 1322 Morro Street, which does 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.
ZGis- - A R-
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 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.
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: See attached Exhibit A
2. Assessor's Parcel Number: 002-442-003, -020, -013
3. Commonly known as: 1321 Osos, 1327 Osos, and 1322 Morro
This covenant shall run with the land and shall be binding upon the undersigned owners, their heirs,
executors, administrators, and assigns. Dated this 13Is,,-day of Lbuembef 2015.
ALL SIGNATURES MUST BE NOTARIZED
Mission Medical Patagona, L.P.
a Delaware limited partnership
BY: Mission Patagona GP, LLC
a Delaware limited liability company
Its: General Partner
By:
Name: C iarles Braff
Title: Manager
APPROVED:
k 0 N�'
Daryl G ' sby, Public rks Director
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 "OV . 15 , Z bt5 , before me, lJ - `G; til
DatC Name and Title of the Officer
personally appeared,, Ub0 r [ s.b BriG-K ,
Namc of 5igrter{s]
who proved to me on the basis of satisfactory evidence to be the personN whose name(* is/ark
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(im), and that by hisAwr/their signatw-eN on the instrument the
person(, or the entity upon behalf of which the person() 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.
4
Signature
Signature: oFNotary Public
•'"•" JENNIFER MARIE WILKIN50N
�, r';'� �•u Commission # 2037734 C
a .x •. Notary Public -California
1 =:_hr r• San Luis Obispo County ^'
My Comm. Expires Aug. 1919, 2011
Place Notary Seal Above
A Notary Public or other officer completing this certificate verities 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 0 V . 0-5 go'`efore me,'J 16 11 Vki (n.ML
Date Name
personally appeared,m&" 61LG��G( _
T
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.
Signatures
Signature of Nut hlio
PH1n.lM AMiHQW IMIPSGiI
ComrNtslo� go 2M198
NOWY PrW k , CaMwnla
btn Luis Obispo County
Commmy , f lrss 23 2a18
Place Notary Seal Above
EXHIBIT A
L9FIRI PEICI l 114 ion u r the Pra ., •ri
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:
Parcel A:
Lot 4 and a portion ofL.,ot 8 in B000k 106 of Mission Vineyard Tract, in the City orsan Luis Obispo,
County of San Luis Obispo, State of California, according to malt recorded March 8, 1873 in Book A,
Page 143 of Maps, in the office of the county Recorder of said Count), a survey of a portion of said L.at 4
and a portion ofsaid Lot 8 being recorded in took 25 at page 81 of Records of Survey, in the Office of
the County Recorder ofsaid County, said real property being particularly described as follows:
Commencing at Found Load and Tag marked KCC 6923 as shown on said Accord of Survey, said polOt
located South 360 52' a5" Gast 112.14 fcet from 14" iron pipe RCE 6923 on Southerly line of said Lest 4 as
shown on said Record of Survey, and tying the Point of Reginning;
Thence, running North 369 52' 45" West 2.00 feet as shown on said Record of Survey;
Thence, running Westerly along the Southerly line of said Lot 6 and said Lot 8, South 531 05, 58" West
79.90 feet to the Southeasterly corner of said Lot 8 as shown on said Record of Survey;
Thence, leaving said Southerly line of said Lot 8 and run ning,'Northerly along the Westerly line of said
Lot 8, North 36' 53' 38" West 110.14 feet as shown on said Record of Survey to the True Point of
Beginning-,
'rhencc, continuing Northerly along the Westerly line of said Lot 8, as shown on said Accord of Survey,
Nord% 160 54' 15" West 50.07 feet;
Thence, leaving said westerly line of said Lot 8 and running Easterly along the Northerly line of said Lot
8 and said Lot 4, North 531 05' 57" Gast 162.95 fcct to the matt Northerly corner of said Lot 4 as shown
on said Record of Survey;
Thence, icaving said Northerly line of said Lot 4 and running Southerly along the Easterly line of said Lot
4, South 36* 52" 45" East 50.07 foot as shown on said Record orSurvey;
Thence, leaving said Easterly line of said Lot 4 and running Westerly along the Southerly line of said Lot
4, south 531 05' 57" West 162.93 feet as shown on said Record of Survey to the True Point of Beginning,
Said land is described in Declaration of Lot Line Adjustment recorded June 4, 2001 as Document No.
2001-039764 of Official Records.
Parcel 13:
Lot 3 and that portion of Lot 7 in Block 106 of Mission Vineyard Tract, in the City of San Luis Obispo,
County of San Luis Obispo, State of California, according to map recorded March 8, 1873 in Book A,
Gage 143 of Maps, in the Office of the County Recorder of said County, described as follows:
Beginning at the most Northerly comer of said lot; thence Southeasterly along the Northeasterly line of
said lot a distance of 150 feet to the most Gnstcrly corner of said lot; thence Southwesterly along the
Southeasterly lien of said lot a distance of 50 fcct to the most Southerly corner of said lot; thence
Northwesterly along the Southwesterly line of said lot a distance: of 60 feet, thence Northeasterly and
parallel with the Southeasterly line of said lot a distance of40 feet; thence Northwesterly and parallel
with the Northeasterly line of said lot distance of90 feet to the Nonli westerly line of said lot; thence
Northeasterly along said Northwesterly line 10 feet to the Point of Beginning,
Parcel C:
Lot 12 in Block 106 of Mission Vineyard Tract, in the City of San Luis Obispo, County of San Luis
Obispo, State of Califomia, according to map recorded March 8, 1873 in Book A, Page 143 of Maps, in
the Office of the County Recorder of said County.
END OF DWA