Notice of Affordability Restrictions on Transfer of Property 2010-0320184.. RECORDED 'AT THE REOUNT Or D O C # 201 0 -03201 84
CHICAGO TITLE COWANY �.} I
sort oISIORI DEPT.
IIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
�3t70°I -1 "1la-U5ro
RECORDING REQUESTED BYAND ,
JUN 25, 2010 8:00 AM
WHEN RECORDED MAIL TO: OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L. BUTLER, COUNTY RECORDER
Poway Redevelopment Agency FEES: 2700
I � n PAGES: 7
13325 Civic Center Drive Ij�
Poway, CA 92064
Attn: Executive Director
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 seq.), and
the Redevelopment Plan for the Paguay Redevelopment Project, has required
Daniel Prigmore and Jaime Prigmore, 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 13932 York Avenue, Lot B,
Poway, San Diego County, Assessor's Parcel No. 314- 213 -51, 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 I lousehold
1552\03 \566709 3
X561
4. The Owner is prohibited. from further pledgirigthe Property as security 3 562
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:zojd "3" 182and shall remain in effect for forty -five
(45) years, commencing on the 25100- )unc) 200and terminating on
JUtjc 2 5 , 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:
Poway Redevelopment
Title: Executive
Notice of Affordability Restrictions (SHOP)
Moderate Income Household
1552\03 \566709 3
� I 1 _
�� �Type Name)
(Type
STATE OF CALIFORNIA )
ss.
COUNTY OF SAN DIEGO )
On [AAIi LI 20 /!i 2010, before me, jL C Notary
Public, personally appeared 4 /;//t/y
who proved to me on the basis of satisfactory evidence to be the
whose
name( is/,ai subscribed to the within instrument and acknowledged to me that
he /she /th) y executed the same in hg's /her /their authorized capacity(i,Y`s.), and that by
lii's / her /th it signature(, -on the instrument the personal or the entity upon behalf
of which the personl 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 handial seal.
PHYLLIS SHINN
.Commission # 1778898
i j o Notary Public •'Califomla,
San Diego County
'M Camm.F; iresNov92D11
STATE OF CALIFORNIA )
ss.
COUNTY OF SAN DIEGO )
On VUN-e. ark--- 2010, before me, MIEV— k)((Gs0t5 Notary
Public, personally appeared,
OtYYt�Y 2
who proved to me on the basis of satisfactory evidence to be the person(E' whose
name,i re subscribed to the within instrument and .acknowledged to me that
h e /they executed the same i is r /their authorized capacityk(e , and that by
1i `oer /theirsignatureo on the instrument the perso! (9) or the entity upon behalf
of which the:person�4 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 \566709 3
p,� M. BRINGAS
COMM. #1680066' z
a R v Notary Public - California
_ }w San Diego County
M Comm. Expues 1u1, 8, 2010
3564
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On amine. a� 2010, before me, rn8ru S Notary
Public, personally appeared GL 1 YY� r i YYt�)4� who proved to me on the basis of'satisfactory evidence o be the persoy whose
name is re subscribed to the within instrument and acknowledged to me that
he ey executed the same in hileir authorized capacity, and that by
hisCh ieir signature(g) on the instrument the person) or the entity upon behalf
of which the personyacted, 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\035667093
Slily M. BRINGAS
COMM. #1680066 z
Notary Public - California A z San Diego County o Comm. Expires Jul. 8, 2010
EXHIBIT A
Legal Description
A -1
Notice of Affordability Restrictions (SHOP)
1552 \03 \566709.3
3565
EXHIBIT "A" 3.566
LEGAL DESCRIPTION
ASSESSORS PARCEL NO. 314- 213 -51
PARCEL B:
PARCEL 'B' 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 494, PAGE 494 OF
OFFICIAL RECORDS.
RESERVING THEREFROM, FOR THE BENEFIT OF AND APPURTENANT TO PARCEL 'A' OF
BOUNDARY ADJUSTMENT NO. 07 -01, A NON - EXCLUSIVE EASEMENT FOR A SHARED
DRIVEWAY OVER, UNDER, ALONG AND THROUGH ALL THAT PORTION OF SAID PARCEL
'B' 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 '13% 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
89 037'09" WEST, 30.00 FEET; THENCE PARALLEL WITH SAID EASTERLY LINE OF PARCEL
'13% NORTH 0 020'08" WEST, 68.78 FEET TO THE NORTHERLY LINE OF SAID PARCEL '13%
T14ENCE ALONG SAID NORTHERLY LINE, NORTH 89 °38'52" EAST, 30.00 FEET TO THE
NORTHEASTERLY CORNER OF SAID PARCEL 'B'; THENCE SOUTHERLY ALONG THE
EASTERLY LINE OF SAID PARCEL 'B', SOUTH 0 020708" EAST, 68.75 FEET TO THE TRUE
POINT OF BEGINNING.
ALSO RESERVING THEREFROM, FOR THE BENEFIT OF AND APPURTENANT TO PARCEL 'A'
AND PARCEL 'C' OF BOUNDARY ADJUSTMENT NO. 07 -01, NON - EXCLUSIVE EASEMENTS
FOR A PRIVATE DRIVEWAY OVER, UNDER, ALONG, AND THROUGH THAT PORTION OF
THE PRIVATE DRIVE EASEMENT (DEFINED BELOW) LOCATED WITHIN PARCEL B.
PARCEL BI:
A NON- EXCLUSIVE„E'ASEM ENT, FOR THE BENEFIT OF AND APPURTENANT TO PARCEL 'B'
ABOVE, FOR A PRIVATE DRIVEWAY OVER, UNDER, ALONG AND THROUGH THAI-
PORTION OF THE FOLLOWING DESCRIBED LAND LOCATED WITHIN PARCEL 'C' OF
BOUNDARY ADJUSTMENT NO. 07 -01:
PRIVATE DRIVE EASEMENT
LEGAL DESCRIPTION 3567
(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 %'ITIENCE SOUTH 89 038'52" 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 0 020'08" 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 °17'40 ", AN ARC
DISTANCE OF 21.16 FEET TO THE SOUTHERLY LINE OF SAID PARCEL 'B'; THENCE ALONG
SAID SOUTHERLY LINE, SOUTH 89 °39'52" WEST, 20.38 FEET; THENCE LEAVING SAID
SOUTHERLY LINE, SOUTH 0 620'08" 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 89 038'52" WEST 246.66 FEET
FROM THE SOUTHEAST CORNER OF SAID PARCEL 'C', ALSO BEING A POINT ON THE
CENTERLINE OF YORK AVENUE (VACATED 1'0 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 0 021'08"
EAST 20.00 FEET TO THE POINT OF BEGINNING ( "PRIVATE DRIVE EASEMENT ").
PARCEL B2:
A NON - EXCLUSIVE EASEMENT, FOR THE BENEFIT OF AND APPURTENANT TO PARCEL 'B'
ABOVE, FOR ROAD AND PUBLIC UTILITY PURPOSES, IN, OVER, UNDER AND ACROSS THE
WESTERLY 40.00 FEET OF PARCELS I, 2 AND 3 AND THE NORTHERLY 30.00 FEET Of-
PARCEL I 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