Notice of Affordability Restrictions on Transfer of Property 2010-050009049
RECORDED AT THE REQUEST W
CHICAGO TITLE COMPANY
SUBDIVISION DEPT.
RECORDING REQUESTED BY AND
WHEN'I ECORDED MAIL TO:
The. Poway Redevelopment Agency
13325.Civic Center Drive
pp Poway, CA 92064 12061
^J Attn: Executive Director
D D C ## 2010-0500090
111111111III111111111111111111111111111111111111111111111111111111IN
SEP 21, 2010 8:00 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L. BUTLER, COUNTY RECORDER
FEES 3000
PAGES: 6
93oa4IS9 -�z>
NOTICE OF AFFORDABILITY RESTRICTIONS
ON TRANSFER OF PROPERTY
(Brighton Place)
NOTICE IS HEREBY GIVEN, that the 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 et sec l.), and the Redevelopment Plan for the Paguay
Redevelopment Project, has required Brighton Place, L.P., a California limited
partnership (the "Lessee ") to enter into certain affordability covenants and
restrictions entitled, Agency Regulatory Agreement and Declaration of Restrictive
Covenants (the "Restrictions "), with reference to a housing development (the
"Development ") to be constructed on that certain real property (the "Property "),
City of Poway, San Diego County,�%sessor's Parcel No. 314 - 220 -69 and 314 -220-
70, and further described in Exhibit A incorporated herein by reference.
X Vncha? Pro Perry
The affordability covenants and restrictions contained in the Restrictions include
without limitation and as further described in the Restrictions:
1. Twenty (20) two - bedroom units in the Development are restricted for
occupancy by Very Low Income Households, at rents affordable to Very Low
Income I- louseholds;
2. Eighteen (18) three- bedroom units in the Development are restricted
for occupancy by Very Low Income 1-Iouseholds, at rents affordable to Very Low
Income Households;
3. Twenty -four (24) two- bedroom units in the Development are
restricted for occupancy by Other Income Households; at rents affordable to Other
Income Households;
1552',05�642 s i 5 5
12062
4. Fourteen (14) three - bedroom units.in the Development are restricted
for occupancy by Other Income Households, at rents affordable to Other Income
Households; and
5. 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 -seven (57) years from the date the Deed of Trust is recorded with
the Office of the San Diego County Recorder or until September 1, 2067.
This Notice is being recorded and filed by the Agency in compliance with Health
and Safety Code Sections 333343(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.
IN WITNESS WHEREOF, the parties have executed this Notice of Affordability
Restrictions on Transfer of Property on or as of September 1, 2010.
AGENCY:
OWNER:
THE POWAY REDEVELOPMENT BRIGHTON PLACE, L.P. ,
AGENCY, a public body, corporate a California.limited partnership.
and politic
By: Brighton Avenue Interfaith Housing
Corporation, a California nonprofit
By: �� corporation, its general partner
Its: A�6tblvtf- a.2Cu -" V6_xxye&Ur
By:
Its:
155P05 \642815 5 2
12063
4. Fourteen (14) three - bedroom units in the Development are restricted
for occupancy by Other Income Households, at rents affordable to Other Income
Households; and
5. 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 -seven (57) years from the date the Deed of Trust is recorded with
the Office of the San Diego County Recorder or until September 1, 2067.
This Notice is being recorded and filed by the Agency in compliance with Health
and Safety Code Sections 33334.3(1)(3) and (4) and /or Section 33413(c)(5), as
amended effective this date, and shall be indexed against the Agency and the
Owner.
IN WITNESS WHEREOF, the parties have executed this Notice of Affordability
Restrictions on Transfer of Property on or as of September 1, 2010.
AGENCY:
OWNER:
THE POWAY REDEVELOPMENT BRIGHTON PLACE, L.P. ,
AGENCY, a public body, corporate a California limited partnership.
and politic
By: Brighton Avenue Interfaith Housing
Corporation, a California nonprofit
By: corporation, its general partner
Its: Executive Director
By:
Its:
1552\051642815 5 2
STATE OF CALIFORNIA
COUNTY OF SAN`DIEGO
OR J �Q %< /ll�fnl4�, lG� /4before. me,
personally. appeared _ i i ", 411.
of satisfactory evidence to be,the "personl
instrument and acknowledged tome that
authorized capacity(ios), and that by 'hr's/
the entity upon behalf of which the persc
12064
�!//GG /f Jii� /y✓ Notary Public,
Jy lT proved to me on the basis
whose name(4 is /aXsubscribed to the within
/ she /tlity executed'tlle same in hh&s /her /th \4r
Ah�'Vsignature(4j onthe instrument the person(y), or
acted, executed the, instrument.
I certify UNDER PENALTY'OF PERJURY tinder the laws of the State of California that the
foregoing paragraph is true and correct.
dwGG
PHMIS SHINN
Commission # 1778898 L
Notary VublIc • California
Son,bi_ego County,
Camm. > SNOV92011
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
l G � � �/ �T�I�I2/!�✓
Notary'Pu61ic
On , before me, , Notary Public,
Personally appeared _ 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 behall'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 hard and official seal.
Notary Public
isr_rosnazsis ;
12065
State of California )
County of San Diego )
On September io, 2010;before me, Adelle Michaelson, a Notary Public,
personally appeared Matthew B. Jumper, 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
(Affix Seal)
ADELLE MICHAELSON
Commisslon # 1776274
NotOry PUIDIIC . Colifornlo
San DIe90 County
CarmD treaNw24,2071
1.2:066
EXHIBIT A
LEGAL DESCRIPTION
The land is situated in the State of California, County of San Diego, City of Poway, and is
described as follows:
Brighton Parcel:
PARCEL 2 OF' PARCEL- N,AP. NO'. :19198, IN THE CITY OF'POWAY,,; COUNTY OFD SAN 'DIEGO,
STATE,OF CALIFORNIA; _ACCORDING TO MAP THEREOF FILED -IN. TEE OFFICE OF THE SAIT
DIEGO COUNTY RECORDER, APRIL 1; 2003.
City Parcel:
PARCEL 1 OF FARCEL KAP. ITO:'19198', 1N. THE CITY OF' POWAY, COUNTY OF SA14 DIEGO;
;STATE OF 'CALIFORNIA, ACCORDING'TO MAP THEREOF FILED IN THE ;OFFICE OF THE ;SAN
DIEGO COUNTY RECORDER, APRIL 1, 2003.
155\051642S11 5
A -1