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Memorandum of Affordable Housing Covenants 1995-0303545• �� 011 # 1995-0303545- 207 18 -JUL -1995 08z38 AM. RECORDING REQUESTED BY ) OFFICIAL.RECORDS AND WHEN RECORDED MAIL TO: ) SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY SMITH, COUNTY RECORDER FEES: NA 0.00 Poway Redevelopment Agency 13325 Civic Center Drive ) .Poway, California 92064 ) Attention: Executive Director ) �� 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 "); dated for identification purposes as of June 20 1995, is entered into by -and 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. I 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 incorpo "rated inthis 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 noway, 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. PoeC:27555_1 11941 B2345.55 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. AGENCY: POWAY REDEVELOPMENT AGENCY, a public body, corporate and politic Dated: June 20 1995 By: Chairman ATTEST: Secretary Dated:: June 20 , 1995 ATTEST: City.,Clerk eueu27555_11,194192345.55 CITY: CITY OF POWAY, a municipal corporation By Mayor 2 06/15/95 s `I'ACHMENT NO. 1 TO EXHIBIT • 209 LEGAL DESCRIPTION OF PROPERTY .. PARCEL _. All of the, South Half of the Southwest Quarter of Section 13, Township 14 South, Range 2 West, San Bernardino Meridian, in the County of San Diego, State of Ca Li'- ornia, according to the Official Plat thereof (including that porticn of the Southwest Quarter of the Southwest Quarter of said Section 13 k own as Parcel "A' of t.e Map o' Reverson to Acreage of a portion of BUSS ESTATES L7t7T NO. 2, according to Map thereof No. 5027, filed in the Office of the County Recorder of San Diego County, August 30, 1962. BYCEPTING THE RE3CM that portion of the Southeast Quarter of the Southwest Quarter of Section 13, lying Northerly and Northwesterly of the following described line: COM :' 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 - P'eway Creek Channel as 'located in March, 1971; thence,alorg said center lire as fellows: 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 curve through a central angle of 440 38' 02" a distance of 155.80 feet and tangent to said curve South 450 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 Lae as follcws: South 450 13' 58" West, 466.38 feet to the beginning of a tangent 250.00 foot racius curve, concave Northwesterly; Southwesterly along the arc of said curve through a central angle of 44' 38' 02" a dist=ance of 194.75 feet and tangent to said curve South 890 52' 00" West 443.00 feet to the Westerly line of the Southeast Quarter of the Southwest Quarter of Section 13. P?, -SO EXCEPTING THER -EFROM 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 THERE2ROM that portion conveyed to the County of San Diego by deed recorded April 13, 1976 as Fi "le No. 76- 108156 of Official Records, described as follows: BEGINNING at a 3/4 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 890 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 770 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 410 10' 53 ", a distance of 163.16 ATTACHMENT NO. 1 TO EXHIBIT "A" (Page 1 of 2) 9 n U 213 feet; thence tangent to said curve, North 36' 36' :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 300 04' 001, a distance of 38.31 feet; thence tangent to said curve, North 66' 34' 00" East, 871.70 feet to the beginning of 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 dist=ance 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 010 21' S0'" Ea'st, along said Easterly. line, 340.14 feet, more or less, to the Point of Beginning.- PARCEL 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) 0 211 State of California ) ss. County of �Qoc ) On t o?D 19925 before me, n (mine, title of officer, e.g., "Jane Doe, Notary Pub y") ") ;personally appeared _,personally known to me —OR- ❑ proved to me on the basis of satisfactory evidence to be the personal whose name(D are subscribed to the within instrument and acknowledged to me that he�qxecuted the same in his4herftheir authorized capacity les and that by hisilff I Ieir s+ga�atau on the. instrument the person(, or the entity upon behalf of which person( acted, executed the instrument. MARIE LOFfON C Q00.4y COMM. d 1024766 = Notary Public — California SAN DIEGO COUNTY Comm. Expires MAY 1, 1998 Capacity claimed by signer: El El al seal. Individual Corporate Officer(s): Partner(s): - -❑ General - ❑ Limited Attorney -in -fact Trustee(s) Guardian /Conservator Other: (Signature of (77tis section is OPRONAL.) Signer is representing: name of persons or entity tes Attention Notary: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to an unauthorized document. THIS CERTIFICATE T'tll oor, •Ty e of Document rc c MUST BE ATTACHED :« TO THE DOCUMENT Number of Pages — �� Dale of Documentlo-� -9S DESCRIBED AT RIGHT: Signers) Other than Named Above��,< ZaZ4t ruau27555_11.1941 B2345.55. 06/15/95 0 � 212 State. of California ) ss. County of, ) On - 199,,5 7 before me,O /L4?�D G�eu � ��77�� (name, title of officer, e.g., VanC Doe, Notary eblic ") personally appearedd/��i; 1 X personally known to me —OR-- 0 proved to me on the basis of satisfactory evidence to be the persono whose name (sgie, re subscribed to the within instrument and acknowledged to me that- h&shefthey executed the same in 4isMer4he4r'authorized capacity les and that by 4iWherAheir signature se on, the instrument the personl)i, or the entiiy upon behalf of which person acted, executed the instrument. N MARIE IOFtON e S COMM. / 1014766 _ i Notary'.: — Catl(, a SAN DIEGO COUNTY 1 My Comm: Eiptr 3 MAY 1, 1998 -: Capacity claimed by signer: • Individual • Corporate Officer(s): • Parfner(s): - e 'General -o - Limited -- - • Attorney -in -fact El Trustee(s) • Guardian/Conservator • Other: �(Signature'of Notary) (7his section is OP770NAL.) Signer'is. representing:, carne of persons or ennty ees Attentiom,Notary: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to an unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages — D of ocument lii -ao �c DESCRIBED AT RIGHT: Signer(s) Other than Named Above. PUBL:27555_1 11941 B2345.55 06/15/95