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Home My WebLink AboutD-2071 Entitlement Agreement City View Laurel CreekCONDITIONS OF USE OF STRUCTURES UPON APPROVAL OF REQUEST FOR ENTITLEMENT AGREEMENT (Address: See Attached Exhibit "B" ) (APN: 053-064-025; 053-064-026, 053_464-027; 053-064-028) This agreement, made and entered into this 27th day of July 2017, by and between CityView Laurel Creek 178, LP (hereinafter called "Owner") and the CITY OF SAN LUIS OBISPO, A MUNICIPAL CORPORATION (hereinafter called "City"). WITNESSETH WHEREAS, Owner is the owner of that certain real property located in the City of San Luis Obispo, County of San Luis Obispo, State of California, described as Lots 1-4 of Tract 2707 as shown on map filed in Book 35 of Maps at Pages 48 to 53 , in the Office of the County Recorder of said County (the "Property"); and WHEREAS, owner has submitted an application (See Attached Exhibit "A") for a construction permit within the City of San Luis Obispo to construct _ 38 condominium units on the Property (the "Project"); and WHEREAS, Muni Code Section 17.16.010 which limits the number of dwellings per net acre, measured in density units, requires that the property owner enter into an agreement to acknowledge that the property has utilized all available density units, in which no conversion of any "den" may occur that would result in an additional bedroom. NOW, THEREFORE, in consideration of the above recitals and mutual covenants, terms, conditions and restrictions contained herein, Owner hereby agrees that the Property shall be held, transferred, encumbered, used, sold, conveyed, leased, and occupied subject to this agreement (and incorporating the above recitals herein by this reference) which shall run with the land and shall be binding upon Owner's heirs, successors in interest, legal representatives, administrators, grantees, assigns, lessees, or any other occupiers and users of the Property, or any portion of it, as follows: 1. The parties hereto agree that execution of this agreement by Owner and City entitles owner to proceed to modify or construct the Project as shown on the plans on file at the City. 2r 7036724 Tammy Gong San Luis Obispo - County Clark -Recorder RECORDING REQUESTED BY AND _ ..0$/ 1712017 01:00 P11 RLoorded WHEN RECORDED RETURN TO:ITY at the request or. OF SRN LUIS City of San Luis Obispo SEP 01 z+ `' itles: 1 Pages: 5 Community Development Department _ Fees: $0.00 Taxes: 0.00 919 Palm Street '� TOM : 0.00 San Luis Obispo, CA 93401-3218 11119801'AiI MIS �Il 'l 111 CONDITIONS OF USE OF STRUCTURES UPON APPROVAL OF REQUEST FOR ENTITLEMENT AGREEMENT (Address: See Attached Exhibit "B" ) (APN: 053-064-025; 053-064-026, 053_464-027; 053-064-028) This agreement, made and entered into this 27th day of July 2017, by and between CityView Laurel Creek 178, LP (hereinafter called "Owner") and the CITY OF SAN LUIS OBISPO, A MUNICIPAL CORPORATION (hereinafter called "City"). WITNESSETH WHEREAS, Owner is the owner of that certain real property located in the City of San Luis Obispo, County of San Luis Obispo, State of California, described as Lots 1-4 of Tract 2707 as shown on map filed in Book 35 of Maps at Pages 48 to 53 , in the Office of the County Recorder of said County (the "Property"); and WHEREAS, owner has submitted an application (See Attached Exhibit "A") for a construction permit within the City of San Luis Obispo to construct _ 38 condominium units on the Property (the "Project"); and WHEREAS, Muni Code Section 17.16.010 which limits the number of dwellings per net acre, measured in density units, requires that the property owner enter into an agreement to acknowledge that the property has utilized all available density units, in which no conversion of any "den" may occur that would result in an additional bedroom. NOW, THEREFORE, in consideration of the above recitals and mutual covenants, terms, conditions and restrictions contained herein, Owner hereby agrees that the Property shall be held, transferred, encumbered, used, sold, conveyed, leased, and occupied subject to this agreement (and incorporating the above recitals herein by this reference) which shall run with the land and shall be binding upon Owner's heirs, successors in interest, legal representatives, administrators, grantees, assigns, lessees, or any other occupiers and users of the Property, or any portion of it, as follows: 1. The parties hereto agree that execution of this agreement by Owner and City entitles owner to proceed to modify or construct the Project as shown on the plans on file at the City. Conditions of Use of Accessq—titlernent tructures ' Upon Approval of Request fo. 2. Owner agrees that each dwelling unit shall not convert any room identified as a "den" or "office" into an additional bedroom, unless and until it and the property obtaining all the necessary permit or approval and meet all residential requirements, including but not limited to density (units/acre), parking, setback, access, and applicable Building Code provisions. 3. Owner agrees to allow the City, at any reasonable time and upon reasonable notice, to inspect the premises for compliance with this agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first written above. ALL SIGNATURES MUST BE NOTARIZED Date 4it4yyViewaurel Creek 178, L.P., a Delaware limited partnership By: CityView Laurel Creek, LLC, a Delaware limited liability company, its general partner By: Stephen C. Ross Title: Authorized Agent Date Owner P Date City '6f Sa Luis Obispo Community Development Director Douglas G. Davidson, Deputy Director Conditions of Use of Accessq--Structures Upon Approval of Request fc. �titlement 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 Los Angeles On 071,27 1 201`7 , before me, Date personally appeared, S 6�sj ro,1jAg+ter PabIf C- rn5 who proved to me on the basis of satisfactory evidence to be the person(% whose name(,%) is/9te subscribed to the within instrument and acknowledged to me that helsve/they executed the same in his/*/th6ir authorized capacity(ies), and that by his/I trltyeir signature(s) on the instrument the person(so, 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 Nlq—x, g re Lary u is LORENA G. CASTRO Commission * 2109548 .' Notary Public - California Los Angeles County M Comm. Expires May 8 2019 Place Notary Seal Above A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the f 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 It 6 1 ZO '-) , before me, 0IAW f O tqtj G Dare Name and Title of the 0 ffiabr personally appeared, `; I, (r, 1/f OJ 11 IV Name of Sigrrerls] 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 LAAd ,Signature Ot N013ry FUNIC DIANE DOSTALEK Commission # 2138341 Notary Public - California San Luis Obispo County My Comm. Expires Dec 25, 2019 Place Notary Seal Above Exhibit "A" 1) BLDG -3274-2015 2) BLDG -3264-2015 3) BLDG -3268-2015 4) BLDG -3269-2015 5) BLDG -3271-2015 6) BLDG -3310-2016 7) BLDG -3265-2015 8) BLDG -3266-2015 9) BLDG -3267-2015 Exhibit "B" 3203 Fennel Lane 3207 Fennel Lane 3211 Fennel Lane 3215 Fennel Lane 3219 Fennel Lane 3202 Fennel Lane 3206 Fennel Lane 3210 Fennel Lane 3214 Fennel Lane 3218 Fennel Lane 3222 Fennel Lane 3226 Fennel Lane 781 Bay Leaf Drive 785 Bay Leaf Drive 789 Bay Leaf Drive 793 Bay Leaf Drive 3251 Fennel Lane 3253 Fennel Lane 783 Peppermint Way 787 Peppermint Way 791 Peppermint Way 3267 Fennel Lane 3269 Fennel Lane 3242 Fennel Lane 3246 Fennel Lane 3250 Fennel Lane 3254 Fennel Lane 3260 Fennel Lane 3264 Fennel Lane 3268 Fennel lane 3272 Fennel Lane 3276 Fennel Lane 3275 Fennel Lane 3277 Fennel Lane 3279 Fennel Lane 773 Bay Leaf Drive 775 Bay Leaf Drive 779 Bay Leaf Drive END OF DOCUMENT