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
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