Loading...
Notice of Affordability Restrictions on Transfer of Property 2010-0306326I RECORDED AT THE REOUEST OF CHW" TITLE COMPANY SUBDIVISION DEPT. 01300�'I`1,�vso RECORDING REQUESTED BYAND WHEN RECORDED MAIL TO: I� Poway Redevelopment Agency 13325 Civic Center Drive Poway, CA 92064 Attn: Executive Director D D C ## 2010-0306326 II IIII I I II I I IIII II II II I I II II III III ' JUN 18, 2010 8:00 Ann 2135 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 seg.), and the Redevelopment Plan for the Paguay Redevelopment Project, has required Michael Norris and Akiko Norris, 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 13936 York Avenue, Lot A, Poway, San Diego County, Assessor's Parcel No. 314 - 213 -50, 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. The owner must occupy the Property as the Owner's sole residence. The Owner must give notice to the Agency before resale of the Property. Notice of Affordability Restrictions (SHOP) Moderate Income Household 552 \03 \5667093 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.2010­03102q and shall remain in effect for forty-five (45) years, commencing on the THE It , 2010 and terminating on J4IN' lr_,2055. This Notice is being recorded and filed by the Agencyin,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: Poi LN Titl (Type Name) Notice of Affordability Restrictions (SHOP) Moderate Income Household 1552 \03 \5667093 2136 1 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On JUNE /1), ZD /0 , 2010, before me f/vG�� fl/�/1� , Notary Public, personally appeared WE/11*Y /Le/ who proved -to me on the basis of satisfactory evidence to be the person(o whose name( is /aYe subscribed to the within instrument and acknowledged to me that jk /she /thy executed the same in h%s /her /th it authorized capacity(i�4), and that by his/her / their signatures} on the instrument the person( or the entity upon behalf of which the person() 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. WITNE S my hand and official seal. t STATE OF CALIFORNIA COUNTY OF SAN DIEGO On,:&be // 201.0 Public, personally appeared � ) ss. PNYLLIS SNINN Commiaalon # 1778898 d Notory Public - 'Collfornla San Diego County CMM =Nov92011 Notary who proved to me on the basis of satisfactory evidence to be the person(s) whose riame(s .is _ Are subscribed to the w' n instrument and acknowledged to' me that i�she/fhev executed the'same-ir�ier /their authorized capacity(ies), and that by ier /their °signoiture(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. Notice of Affordability Restrictions (SHOP) 1552 \03 \5667093 'PATT.Y N. SMfrH' • COMMr #17454,93 ) '` _ NOTARY PUBUC•CAUFORNIA y p SAN DIEGO'COUN7Y [� My Commission Expires JUNE 13, 2011 2137 I STATE OF CALIFORNIA ) 2133 ss. COUNTY OF SAN DIEGO ) On J61+W' 20101 yb�ef/o're me �i Gl!'! , Notary Public, personally appeared 71/</kD who proved to me on the basis•of satisfactory evidence to be the person(s) whose name Qre subscribed to the within instrument and. acknowledged to me that he/ hey executed the same in his�heir authorized capacity(ies), and that by hi e heir 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. PATTY N: SMITH COMM. #1745493 .. U NOTARY PUBLIC- CAUFORNIAy U d SAN DIEGO COUNTY My Ccirnrn bn Expires SUNE,13', 2011 Notice of Affordability Restrictions (SHOP) 1552 \03 \566709 3 EXHIBIT A Legal Description A -1 Notice of Affordability Restrictions (SHOP) 1552 \03 \566709 3 2139 Exhibit "A" LEGAL DESCRIPTION 2140 ASSESSORS PARCEL NO. 314-213-50 PARCEL A: PARCEL `A' 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. ' PARCEL Al: A NON - EXCLUSIVE EASEMENT, FOR THE BENEFIT OF AND APPURTENANT TO PARCEL 'A' ABOVE, FOR A SHARED DRIVEWAY OVER, UNDER, ALONG AND THROUGH THAT PORTION OF PARCEL `B' OF BOUNDARY ADJUSTMENT NO. 07 -01, DESCRIBED AS FOLLOWS: SHARED DRIVEWAY EASEMENT COMMENCING AT THE MOST EASTERLY NORTHEAST CORNER OF PARCEL `C' OF BOUNDARY ADJUSTMENT NO. 07 -01, SAID POINT ALSO BEING ON THE CENTERLINE OF YORK AVENUE (VACATED TO PUBLIC USE), SAID POINT BEARS NORTH 0 °21'08" WEST 20.00 FEET FROM THE MOST EASTERLY SOUTHEAST CORNER OF SAID PARCEL `C'; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL `C', SOUTH 89 °38'52" WEST 170.17 FEET; THENCE ALONG 'THE• EASTERLY LINE OF SAID PARCEL `C' AND SAID PARCEL `B', NORTH 0 °20'08" WEST 28.54 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE LEAVING SAID EASTERLY LINE OF PARCEL `B', SOUTH 89 °37'09" WEST, 30.00 FEET; THENCE PARALLEL WITH SAID EASTERLY LINE OF PARCEL `B', NORTH 0 °20'08" WEST, 68.78 FEET TO THE NORTHERLY LINE OF SAID PARCEL `B', THENCE ALONG SAID NORTHERLY LINE, NORTH 89 038'52" EAST, 30.00 FEET TO THE NORTHEASTERLY CORNER OF SAID PARCEL `B'; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID PARCEL `B', SOUTH 0 020'08" EAST, 68.75 FEET TO THE TRUE POINT OF BEGINNING. PARCEL A2: A NON - EXCLUSIVE EASEMENT, FOR THE BENEFIT OF AND APPURTENANT TO PARCEL `A' ABOVE, FOR A PRIVATE DRIVEWAY OVER, UNDER, ALONG AND THROUGH ALL THOSE PORTIONS OF PARCELS `B' AND `C' OF BOUNDARY ADJUSTMENT NO. 07 -01, DESCRIBED AS FOLLOWS: PRIVATE DRIVE EASEMENT Exhibit "A" LEGAL DESCRIPTION (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 89 037'09 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 `B'; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 89 039'52" WEST, 20.38 FEET; THENCE LEAVING SAID SOUTHERLY LINE, SOUTH 0 °20'08" EAST, 29.31 FEET TO THE INTERSECTION OF THE WESTERLY PROLONGATION ORA 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 89 038'52" 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. PARCELA3: A NON - EXCLUSIVE EASEMENT, FOR THE BENEFIT OF AND APPURTENANT TO PARCEL `A' 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 2141