Notice of Affordability Restrictions on Transfer of Property 2010-0199465"1
RECORDED AT THE REQUEST OF
CHICAGO TITLE COMPANY
SUBDIVISION "DEPT.
RECORDING REQUESTED, BYAND
(/ WHEN RECORDED MAIL TO:
Poway Redevelopment Agency
13325 Civic Center Drive
Poway, CA 92064
Attn: Executive Director 3gg�
9 3009 "-1? -u N
DOC # 2010- 0199466
1111111111111111111111111111111111111111111111111111111111111111111
APR 22, 2010 8:00 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L BUTLER, COUNTY RECORDER
FEES 27.00
PAGES: 7
NOTICE OF AFFORDABILITY RESTRICTIONS ON
TRANSFER OF PROPERTY
(Poway Redevelopment Agency- SHOP Program)
MODERATE INCOME HOUSEHOLD
NOTICE IS HEREBY GIVEN, that the Poway Redevelopment Agency (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 ;);,and
the Redevelopment Plan for the Paguay Redevelopment Project, has required John
Ritz Stanfield I1 and Nichole Sharon Stanfield, a California Resident (the
"Owner ") to enter into certain affordability covenants and restrictions entitled,
Agency Resale Restriction Agreement and Option to Purchase (the "Restrictions "),
with reference to certain real property (the "Property "), located at 13930 York
Avenue, Lot C, Poway, San Diego County, Assessor's Parcel No. 314 - 213 -52, and
further described in Exhibit A, incorporated herein by reference.
The affordability covenants and restrictions contained in the Restrictions include
without limitation and as further described in the Restrictions:
The Property is restricted for resale to low or moderate income
households at a purchase price affordable to low or moderate income
households.
2. The owner must occupy the Property as the Owner's sole residence.
3. The Owner must give notice to the Agency before resale of the Property.
Notice of Affordability Restrictions (SHOP)
Moderate Income House_ hold
1552 \03 \566709.3
C11
3892
4. The Owner is prohibited -from further pledging the Property as security
for any debt and Owner must obtain Agency approval prior to
refinancing existing encumbrances.
This Notice of Affordability Restrictions on Transfer of Property (the "Notice ") is
recorded for the purpose of providing notice only, and it:in no way modifies the
provisions of the Restrictions. In the event of any conflict between this Notice and
the Restrictions, the terms of the Restrictions shall prevail.
The Restrictions have been recorded concurrently herewith as
Document /Instrument No. Ib— 0 and shall remain in effect for forty -five
(45) years, commencing on the' A4 /Kil. Al., }o Io and terminating on
AfRI .- -#.1- , 2055.
This Notice is being.recorded and filed by the Agency in compliance with Health
and Safety Code Sections 33334:3 and /or Section 33413, 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 the date first written above.
AGENCY: OWNER:
Pow development Agency --� /7�/�t.,c���GGe ,-
By: o�aHl7 !1[[z SLTtY
(Type Name)
Title: E' tiv Ire r 64,I,4./ e,d,oq/
�o >G fi��2, �LwTrLP�
(Type Name)
Notice of Affordability Restrictions (SHOP)
Moderate Income Household
1552\03 \566709 3
3893
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO ) j
On ,QRIL 1q, 2010 , 2010, before me f/YI- Lf Notary
Public, personally appeared )2/4 C
who proved to me on -the basis. of satisfactory evidence to be the person( whose
name) is /a)� subscribed to the within instrument and, acknowledged to me that
ll's/she /t* executed the same in );6 her /th4r authorized capacity(1)4), and that by
Wher /th it signature( on the instrument the person"A or the entity upon behalf
of which the person(A acted, executed the instrument.
certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WIT SS my hand a d official seal.
PHYLLIS SHINN
Commission # 1778898
-ri Notary Public • C01110mla
,=logo County
Comm.
=146v9,20111
STATE OF CALIFORNIA )
ss.
COUNTY OF SAN DIEGO ) --
On Ft` 2010, before �me, .,. �i�[ Notary
Public, personally appeared o�TDLIlrL� /7 S6L
who proved to me on the basis of satisfactory evidence to be the person(s) whose
n
&s re subscribed to the within instrument and acknowledged to me that
e he /they executed the. same i�er /their authorized capacity(ies), and that by
i /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.
Notice of Affordability Restrictions (SHOP)
1552\03 \566709,3
PATTY N. SMITH
COMM. #1748493
y ' ® NOTARY P.UBUC- CALIFORNIA y
SAN DIEGO COUNTY n
V My Commission Expires
JUNE'13, 2011
STATE OF CALIFORNIA )
ss.
COUNTY OF SAN DIEGO )
On AFL If 2(
Publi , personally appeared
� � f
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name is re subscribed to the within instrument and acknowledged to me that
he h / ey executed the same in hi6their authorized capacity(ies), and that by
hi er/ heir signature(s) on the instrument the person(s) or the entity upon behalf
of which the person(s) acted, executed the instrument.
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.
i
Notice of Affordability Restrictions (SHOP)
1552 \03\566709 3
"'"PATTY N. 8M
- 0"'x8483
(j - NOTAR "'BUC•CAUFORNIA'r�
V �. SAN DIEGO, COUNTY O
My Coma =10 Expres
JUNE 13; 2011
38.95
EXHIBIT A
Legal Description
A -1
Notice of Affordability Restrictions (SHOP)
1552\03 \566709.3
Order-No.: 93009777-U50
� Fxhihit "A"
LEGAL DESCRIPTION 3 8.9,6
ASSESSORS PARCEL N0. 314-213-52
PARCEL C:
PARCEL `C' AS SHOWN, AND DESCRIBED ON THAT CERTAIN BOUNDARY ADJUSTMENT
CERTIFICATE OF COMPLIANCE, BA NO. 07 -01, RECORDED SEPTEMBER 8, 2008 AS
INSTRUMENT NO. 2008- 0478020 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY
( "BOUNDARY ADJUSTMENT NO. 07 -01 ").
EXCEPTING THEREFROM 25 PERCENT OF ALL OIL, GAS, AND MINERALS BENEATH SAID
LAND AS RESERVED IN BOOK 6014, PAGE 23 OF OFFICIAL RECORDS.
EXCEPTING THEREFROM ONE -HALF OF ALL OIL, GAS AND MINERALS BENEATH SAID
LAND, AS RESERVED IN DEED RECORDED SEPTEMBER 16, 1955 IN BOOK 5795, PAGE 494
OF OFFICIAL RECORDS.
RESERVING THEREFROM, FOR THE BENEFIT OF AND APPURTENANT TO PARCEL `A' AND
PARCEL `B' OF BOUNDARY ADJUSTMENT NO. 07 -01, NON: EXCLUSIVE EASEMENTS FOR
DRIVEWAY PURPOSES OVER, UNDER, ALONG AND THROUGH THAT PORTION OF THE
PRIVATE DRIVE EASEMENT (DEFINED BELOW) LOCATED WITHIN PARCEL `C'.
PARCEL C 1:
A NON - EXCLUSIVE EASEMENT, FOR THE BENEFIT OF AND APPURTENANT TO PARCEL `C'
ABOVE, FOR A PRIVATE DRIVEWAY OVER, UNDER, ALONG AND THROUGH THAT
PORTION OF THE FOLLOWING DESCRIBED LAND LOCATED WITHIN PARCEL `B' OF
BOUNDARY ADJUSTMENT NO. 07 -01:
PRIVATE DRIVE EASEMENT
CLTA Preliminary Report Form - Modified (I1- 17 -06)
Page 3
a .
Order-No. 93009777 -U50
LEGAL DESCRIPTION 3897
(continued)
BEGINNING AT THE MOST EASTERLY NORTHEAST CORNER OF PARCEL 'C' OF
BOUNDARY ADJUSTMENT NO. 07 -01, SAID POINT ALSO BEING A POINT ON THE
CENTERLINE OF YORK AVENUE (VACATED TO PUBLIC USE), SAID POINT BEARS NORTH
0 021'08" WEST 20.00 FEET FROM THE MOST EASTERLY SOUTHEAST CORNER OF SAID
PARCEL 'C'; THENCE SOUTH 89 °38'52" WEST 170.17 FEET ALONG THE NORTHERLY LINE
OF SAID PARCEL 'C'; THENCE ALONG THE EASTERLY LINE OF PARCEL 'C', NORTH
0 °20'08" WEST, 9.29 FEET TO THE SOUTHEASTERLY CORNER OF SAID PARCEL `B' OF
BOUNDARY ADJUSTMENT NO. 07 -01; THENCE CONTINUING NORTHERLY, ALONG THE
EASTERLY LINE OF SAID PARCEL 'B', NORTH 0 °20'08" WEST, 19.25 FEET, THENCE
LEAVING SAID LINE, SOUTH;89 °37'09" WEST, 48.50 FEET TO THE BEGINNING OF A NON -
TANGENT, 28.00 -FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, THE CENTER OF
WHICH BEARS SOUTH 89 °37'09" WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF
SAID 28 -FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF 43 017'40 ", AN ARC
DISTANCE OF 21.16 FEET TO THE SOUTHERLY LINE OF SAID PARCEL '13% THENCE ALONG
SAID SOUTHERLY LINE, SOUTH 89 °39'52" WEST, 20.38 FEET; THENCE LEAVING SAID
SOUTHERLY LINE, SOUTH 0 °20'08" EAST, 29.31 FEET TO THE INTERSECTION OF THE
WESTERLY PROLONGATION OF A PORTION OF THE SOUTHERLY LINE OF THE AFORESAID
PARCEL 'C', SAID POINT OF INTERSECTION BEARS SOUTH 89 °38'52" WEST 246.66 FEET
FROM THE SOUTHEAST CORNER OF SAID PARCEL 'C', ALSO BEING A POINT ON THE
CENTERLINE OF YORK AVENUE (VACATED TO PUBLIC USE); THENCE EASTERLY ALONG
SAID PROLONGATION LINE, NORTH 89 °38'52" EAST 246.66 FEET TO SAID SOUTHEAST
CORNER OF PARCEL 'C'; THENCE ALONG THE MOST EASTERLY LINE OF SAID PARCEL 'C'
AND SAID CENTERLINE OF YORK AVENUE (VACATED TO PUBLIC USE) NORTH 0 °21'08"
EAST 20.00 FEET TO THE POINT OF BEGINNING ( "PRIVATE DRIVE EASEMENT ").
PARCEL C2:
A NON - EXCLUSIVE EASEMENT,'FOR.THE BENEFIT OF AND APPURTENANT TO PARCEL `C'
ABOVE, FOR ROAD AND PUBLIC UTILITY PURPOSES,.IN, OVER, UNDER AND ACROSS THE
WESTERLY 40.00 FEET OF PARCELS 1, 2 AND 3 AND THE NORTHERLY 30.00 FEET OF
PARCEL 1 OF PARCEL MAP NO. 1775, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY ON JULY 26, 1973, BEING A PORTION OF THE SOUTHWEST
QUARTER OF THE, SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 14 SOUTH, RANGE 2
WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF.
END OF LEGAL DESCRIPTION
CLTA Preliminary Report Forth -Modified (11- 17 -06)
Page 4