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Notice of Affordability Restrictions on Transfer of Property 2008-0169322 , ---- , ; , . oce# i 2008-0169322 - . Reoordedat the request of 11111111111111111 111111111111111 11111 1111111111111111111111111 11111111 ChicagoTitle APR 01 , 2008 3'10 PM I RECORDING REQUESTED BY AND I WHEN RECORDED MAIL TO' OFFICl.o.L RECORU~ ~,.I.;N [IIEGO courH'1 FiECUR[IEF:":, OFFICE The Poway Redevelopment Agency ~ GFiEl:"iOR'1 ,I ,:;~",jITH c::our'lrl F:ELUFi[rEFi FEE';, 24.00 13325 Civic Center Drive 21~3 PAGES: 6 I Poway, CA 92064 I 11111111111111111111111111111111111111111111111111111111111111111111111111111111 Attn. Executive Director '730 I OT~O-JII{J NOTICEm- AFFORDABIUTY RESTRICTIONS ON TRANSFER OF PROPERTY NOTICE IS HEREBY GIVEN"that tlie Poway Redevelopment Agency, a public body, corporate and politic (the "Agency"), to carry out certain obligations under the Community Redevelopment Law of the State of California (Health and Safety:Code Section 33000 et2ffi.), and the Redevelopment Plan forthe Paguay Redevelopment Project, has-required Oak Knoll Housing Associates, L.P., a California limited partnership (the "Owner") to enter into certain affordability covenants and restrictions entitled, Agency Regulatory Agreement and'Declacation of Restrictive Covenal1ts (the "Re.strictions"), with reference to a housing development (the "Development") situated on that certain real property (the "Property"), located at 12509 Oak Knoll Road, Units, San Diego County; Assessor's Parcel No 317c550-05, and further described in Exhibit A incorporated herein by reference. The affordability covenants andrestrictions contained in the Restrictions include without limitation and as further described in the Restrictions: I Twenty-Six (26) units in the Development are restricted for occupancy by very low income households, at rents affordable to very low income households; 2. Twenty-Five (25) units,in the Development are restricted for occupancy by lower income households,' at rents affordable to lower income households; and 3 Additional requirements concerning operation, management, and maintenance of the Development are also imposed by the Restrictions. In the event of any conflict between this, Notice of Affordability, Restrictions on Transfer of Property (the "Notice") and the Restrictions, the terms of the Restrictions shall prevail. The Restrictions have been recorded concurrently herewith, and.shall remain in effect for fifty- five (55) years from the date the Deed of Trust is recorded with the Office of the San Diego County Recorder or until March 31, 2063 This Notice is being recorded and filed by the Agency in compli~nce with Health and Safety Code,Sections 33334.3(f)(3) and (4) and/or Section 33413(c)(5)"as amended effective this date, and shall be indexed against the Agency and the Owner. t 552\02\524 t 363 1 D'6ilip . . 21784 IN WITNESS WHEREOF, the parties have executed this Notice,ofAffordability Restrictions on Transfer of Property on or as,ofthe date first written above. AGENCY OWNER. THE POWA Y REDEVELOPMENT AGENCY, a public body, corporate and politic Oak Knoll Housing Associates, L.P a California limited partnership. BY' By' Fallbrook Renaissance, LLC, a Its: Executive Director California limited liability company Its: General Partner BY' Community HousingWorks, a California nonprofit public benefit corporation. Its: By' 1552\02\524136.3 2 . . 21785 STATE OF CALIFORNIA ) COUNTY OF :;a/I ~'eY' i u On II J"f1k;//- d-P' , 20tlY before me, IIdci" q j;; I' f;' 'jUt! Z- Notary Public, personally appeared .!:"v-S'CNI j1 lFe.,I'J,-lds I , , who prQY!:;d to me on the basis of satisfactory evidence to be the person(i) whose namey.J is/are' subscribed'to the within instrument and acknowledged to me that,lle/she/~ executed the same in ~er/tJ:ieir authorized capacity(~), and that by)Ms/herllMir signature,ks") on the instrument the person(i)', or the entity upon behalf of which the person.wr acted, executed the instrument. I certify under PENAL TY OF PERmRY under the laws of the State of California that the foregoing paragraph is true and correct. ~ - - - - - - - - - - - - . ' . ADElINA ENRIQUEZ WITNE, SS my hand and offiCial se :<@:-"'commISSlon#1548691 ~ . ... 1_ / ~ 2 ."'t.- ':: Notary Public. CalifornIa ~ Signature t:/./l...-L...v (Seal' San Diego County - / " ' MyComm.ExplresJan29,200? STATE OF CALIFORNIA ) ) COUNTY OF ) On , 20 before me, Notary Public, 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/theirsignature(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 oftlcial seal. Signature (Seal) 1552\02\524 t 363 . . 21786 IN WITNESS WHEREOF, the parties have executed this Notice of Affordability Restrictions on Transfer of Property on or as of the date first written above. AGENCY OWNER. THE POW A Y REDEVELOPMENT AGENCY, a public body, corporate and politic Oak Knoll Housing Associates, L.P BY~~~ a California limited partnership. BY' Fallbrook Renaissance, LLC, a Its: Executive Director California limited liability company fts: General Partner By' Community HousingWorks, a California nonprofit public benefit corporation. Its: Sole Member BY' Susan M Reynolds, President 1552\02\524136,] 2 · · 21787 STATE OF CALIFORNIA ) ~' ) COUNTY OF A V\ IAUJO ) On !fix tM 1) I , 20 Jllibefore me, Y)~~U ~V) to\~nll'(, Nl\tl.V0 Notary Pubhc, personally appeared ~ , who proved to me on the basis of satisfactory evidencc to be the perso~ whose name(sj@/are- subscribed to the within instrument and acknowledged to me tha~executed the same in~her/dl\,ij authorized capacity(jpII1, and that by@llefAAejr signatur~ on the instrument the personyrJ, or the entity upon behalf of which the person~cted, 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. . r--u--~~~ WITNESS 15W' .", "f~~r. . CollI .million "1787479 Signature ~~~ \ ~~ ~~}\j\ (Seal) J ~=:~ i ~ MvCcnm.__Dac211,21111 - - . - - - - - - - - - - - - - - - - STATE OF CALIFORNIA ) ) COUNTY OF ) On , 20 before me, Notary Public, 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 hislher/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 Cali fomi a that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 1552\02\524136.3 . . . (0 21788 EXHIBIT A Legal Description The land is situated in the State of California, County of San Diego, City of Po way, and is described as follows: THOSE PORTIONS OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14 AND .OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, State Of California, ACCORDING TO UNITED Sl'A TES GOVERNMENT SURVEY. APPROVED NOVEMBER 19,1880 AND AUGUST 29, liNO, DESCRIBED AS FOLLOWS. COMMENCING AT A POINT WHICH IS 30.00 FEET DISTANT SOUTHERLY MEASURED AT RIGHT ANGLES, FROM THE CENTER LINE OF THE 40.00 FOOT WIDE COUNTY ROAD TO POWAY, SAID POINT OF COMMENCEMENT BEARING NORTH 590 54' 20" EAST 454.09 FEET FROM THE POINT OF INTERSECTION OF THE SOUTHERLY LINE OF SAID SECTION 14, WI.I.H THE CENTER LINE OF MISSION ROAD I-A, AT STATION 3n+70.90 THEREOF, AS SHOWN ON SHEET 15 OF THE MAP OF SAID MISSION ROAD I-A, SAN DIEGO COUNTY HIGHWAY COMMISSION ON FILE IN THE OFFICE OF THE SURVEYOR OF SAID COUNTY AND SAID POINT OF INTERSECTION BEARING NORTH 880 57' 00" WEST 3955.50 FEET FROM THE SOUTHEAST CORNER OF SAID SECTION 14, THENCE NORTI;I 830 20' 00" EAST ALONG A,LINE PARALLEL WITH AND 30.00 FEET DISTANT AT RIGHT ANGLES SOUTHERLY FROM THE CENTER LINE OF SAID COUNTY ROAD TO POWAY, 239,38 FEET TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING NORTH 830 20' 00" EAST ALONG SAID PARALLEL LINE 234.55 FEET TO THE NORTHWEST CORNER OF THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 14, CONVEYED TO THE BANK OF ITALY NATIONAL TRUST AND SAVINGS ASSOCIATION, TO EDWARD C. MC ALEES, ET UX, BY DEED DATED JULY 1,1927 AND RECORDED IN BOOK 1361, PAGE 278 OF DEEDS, THENCE SOUTH 000 43' 00" WEST ALONG THE WESTERLY LINE OF SAID PORTION CONVEYED TO MC ALEES AND ALONG THE SOUTHERLY PROLONGATION OF SAID WESTERLY LINE, A DISTANCE OF 330.00 FEET, THENCE SOUTH 630 29' 15" WEST 224:94 FEET, THENCE SOUTH 700 08' 45"'WEST 34.82 FEET, THENCE NORTH 000 43' 00" EAST 415.00 FEET TO THE TRUE POINTOF BEGINNING. (APN; 317-550-05) t 552\02\524136.3 A-I \