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Memorandum of Affordable Housing Covenants 1995-0303545207 DO # 1995 °0303545 18 -JUL -1995 08 =38 AM RECORDING REQUESTED BY ) OFFICIAL RECORDS AND WHEN RECORDED MAIL TO: ) SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY SMITH, COUNTY RECORDER FEES 0.00 Poway Redevelopment Agency )�V NA 13325 Civic Center Drive )� Poway, California 92064 ) Attention: Executive Directo ) This document is exempt from a recording fee pursuant to Govt. Code § 6103. MEMORANDUM OF AFFORDABLE HOUSING COVENANTS THIS;MEMORANDUM OF AFFORDABLE HOUSING COVENANTS ("Memorandum") ; j dated for identification purposes as of June 20 , 1995, is entered into byand- between the =POWAY REDEVELOPMENT AGENCY, a.public body corporate and politic ( "Agency')' and CITY OF POWAY, a municipal corporation ("City "). 1. Joint Resolution of Agreement. Agency and City have executed a Joint Resolution of Agreement of the City Council of the City of Poway and the Poway Redevelopment Agency Relating to the Acquisition of an Affordable Housing Covenant, ( "Agreement ") dated as of June 20 1995, which concerns and is binding upon the City, its successors and assigns and future owners of that certain real property commonly known.as the Poway`Royal Mobilehome Park_ located in 'the City of Poway, County of San Diego, State of California and more particularly described in Attachment No. 1 attached hereto and incorporated, herein by this reference (the "Property "). The Agreement imposes certain obligations and restrictions on the use of the Property for affordable housing purposes. The Agreement is available for public inspection and copying at the office of the Poway Redevelopment Agency, 13325 Civic Center Drive Poway, California. All of the terms, conditions, provisions -and covenants of the Agreement are incorporated'' in this Memorandum by reference as though written out at length herein, and the.Agreement; and this Memorandum shall be deemed to constitute a single instrument or document. 2. Purpose of Memorandum. This Memorandum is prepared for recordation purposes only, and in no way modifies the terms,. conditions, provisions and covenants of the Agreement. In the event of any inconsistency between the terms, conditions, provisions and covenants of this Memorandum and the Agreement, the terms, conditions, provisions and covenants of the Agreement shall prevail. vueL:27555_11194182345.55 1 06/15/95 • • 208 The parties have executed this Memorandum of Affordable Housing Covenants on the dates specified immediately adjacent to their respective signatures. POWAY REDEVELOPMENT AGENCY, a public body, corporate and politic Dated: June 20 1995 By: Chairman ATTEST: Sec 'retary Dated: June 20 1995 By:� Mayor ATTEST: AGENCY: CITY: CITY OF POWAY, a municipal corporation City Clerk PueL:27555_1 1 1941 62345.55 2 06/15/95 OACHMENT NO. 1 TO EXHIBIT • LEGAL DESCRIPTION OF PROPERTY P aCE.. -. 209 All of the Sout Half of the Southwest Quarter of Section 13, Towship 14 South, RE-ce 2 West, San Bernardino Meridian, in the County of San D— go, State of Ca1_corni_, according to the Official Plat thereof (including that portion of the Southwest Qua -ter of the Southwest Quarter of said Section 13 known as Parcel "A" of the Map o' Reversion to Acreage of a portion of RUSS ESTATES W =T NO. 2, according to Nap thereof No. 5027, filed im the Office of the County Recorder of San D -ego Ccunty, August 30, 1962. EXCEPTING THEREFROM that portion of the Southeast Quarter of the Southwest Quarter of Section , lying Northerly and Northwesterly of the following described line: COMM =ICING at the Southeast corner of the Southeast Quarter of the Northeast Quarter of the Southwest Quarter of Section 13; thence along the Easterly line of said Southwest Quarter, North 01 54' 40" East, 366.45 feet to the center line of the Pewav Creek Charnel as located in March, 1971; thence along said center line as follows: South 89° 52' 00" West, 115.28 feet to the beginning of a tangent 115.28 foot radius curve, concave Southeasterly; Southwesterly along the arc of said curse through a central angle of 44 38' 02" a distance of 155.80 feet and tangent to said curve South 45 13' 58' West, 213.31 feet to the Westerly line of the Easterly 400.00 feet of said Southeast Quarter of the Northeast Quarter of the Southwest Quarter and being the TRUE POINT OF BEGINNING; thence continuing along said center line as follows: South 45 13' 52" West, 466.38 feet to the beginning of a tangent 250.00 foot raaius curve, concave Northwesterly; Southwesterly along the arc of said curve through a central angle of 44° 38' 02 ", a. distance of 194.75 feet and tangent to said curve South 89 52' 00" West 443.00 feet to the Westerly line of the Southeast Quarter of the Southwest Quarter of Section 13. ALSO EXCEPTING T-EER 'ROM that portion of the Southeast Quarter of the Southwest Quarter of Section 13, Township 14 South, Range 2 West, San Bernardino Meridian, in the County of San Diego, State of California, according to the Official Plat thereof lying Southeasterly of the center line of Road Survey No. 1587 -3 as described in deed to County of San Diego, recorded August 24, 1971 as File No. 189667 of Official Records. ALSO EXCEPTING THEREFROM that portion conveyed to the County of San Diego by deed recorded Apri'_ 13, 1976 as File No. 76- 108156 of Official Records, described as follows: BEGINNING at a 314 inch iron pipe marking the Northeast corner of said Southwest Quarter of the Southwest Quarter of Section 13, according to Record of Survey Map No. 4195; thence along the Northerly line of said Southwest Quarter of the Southwest Quarter, North 89 09' 25" West, 1,338.34 feet to the Northwest corner of said Southwest Quarter of the Southwest Quarter; thence South 00 49' 00" West, 868.18 feet along the Westerly line of said Section 13; thence leaving said Westerly line, North 77 40' 53" East, 17.97 feet to the beginning of a tangent 227.00 foot radius curve, concave Northwesterly; thence Northeasterly along the arc of said curve, through a central angle of 41 10' 53 ", a distance of 163.16 ATTACHMENT NO. 1 TO EXHIBIT "A" (Page 1 of 2) zip feet; thence tangent to said curve, North 36' 30' 00" East, 20.31 feet to the beginning of a tangent 73.00 foot radius curve, concave Southeasterly; thence Northeasterly along the arc of said curve, through a central angle of 30' 04' 00 ", a distance of 38.31 feet; thence tangent to said curve, North 66' 34' 00" East, 871.70 feet to the beginning of a tangent 373.00 foot radius curve, concave Southeasterly; thence Northeasterly along the arc of said curve, through a central angle of 23' 18' 00" a distance of 151.68 feet; thence tangent to said curve, North 89' 52" 00" East, 201.86 feet to a point on the Easterly line of said Southwest Quarter of the Southwest Quarter of Section 13; thence North 01' 21' 50" East, along said Easterly line, 340.14 feet, more or less, to the Point of Beginning. PP.RCEL 2: An easement and right of way for public road purposes, over and across the Westerly 40.00 feet of the Northwest Quarter of the Southeast Quarter and the Westerly 40.00 feet of the Northwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 13, Township 14 South, Range 2 West, San Bernardino Meridian, in the County of San Diego, State of California, according to Official Plat thereof. ATTACHMENT NO. 1 TO EXHIBIT "A" (Page 2 of 2) 211 State of California ) ss. County of On ad , 199 , before me, n (name, title of officer, e.g., "Jane Doe, Notary Pub y") personally appeared __ *_ personally known to me —OR- 1:1 proved to me on the basis of satisfactory evidence to be the personN whose named are subscribed to the within instrument and acknowledged to me that hefe�'q executed the same in his "mcH; eir - authorized capacity les and that by his+ s on the instrument the person(, or the entity upon behalf of which person acted, executed the instrument. al seal - - MARIE LOFfON Notary POWIc — California SAN DIEGO COUNTY (Signature of Notary) MV Comm..Exp'rta� MAV 1, 1996 Capacity claimed by signer: 0 Individual • Corporate Officer(s): • Partner(s): — — e General - o Limited • Attorney -in -fact • Trustee(s) • Guardian/Conservator 0 Other: Signer is representing: name of persons or entity res Attention Notary: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to an unauthorized document. THIS CERTIFICATE T'tl or Ty e of Doc p u / m /- ent � � �&AA N/ MUST BE ATTACHED TO THE DOCUMENT Number of Pages -,41- DA of Document 1p -moo -9S DESCRIBED AT RIGHT: Signer(s) Other than Named Abov � PUBL:27555 111941 62345.55 (77ris section is OPPONAL.) 06/15/95 F 212 0 State of California ) ss. County of'� ) On U , 1995 , before me, o (( (mine, title of officer, e.g., "]ank Doe, Notary tblie") personally appeare h o—fl personally known to me —OR- 0 proved to me on the basis of satisfactory evidence to be the person(A whose name se is rye subscribed to the within instrument and acknowledged to me that- hetshekhey executed the same in 4is4her4heir authorized capacity les and that by #is/herAheir signatureE) on the instrument the personl�o, or the entity upon behalf of which person�`Q acted, executed the instrument. MARIE.LOPON COMM. /'1024766 = i ° ® Notary Pub9c — California a SAN DIEGO COUNTY My Comm. Expires MAY 1. 1998 ( Signature of Notary) Capacity claimed by signer: i E (71ris section is OPTIONAL.) Limited - Signer is representing: name of persons or ennty tes Attention Notary: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to an unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other than Named Above Individual Corporate Officer(s): Partner(s): - ❑ Gencral ❑ Attorney -in -fact Trustee(s) Guard ian /Conservatot Other: PUet.:27555_111941 B2345.55 06/15/95