HomeMy WebLinkAboutD-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