Loading...
Notice of Affordability Restrictions on Transfer of Property 2009-0704720RECORDING REQUESTED BY AND NF WHEN RECORDED MAIL TO: The Poway Redevelopment Agency 13325 Civic Center Drive oocu 2009- 0704720 IIIIIIIIIIINIIIIIIIIIIillllllllllllllllllllllllllllllllllllll111l DEC 22, 2009 BOO HM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COUNTY RECORDER 6049 6 FEES: 0.00 PAGES: 9 Poway, CA 92064 Attn: Executive Director Cf use NOTICE OF AFFORDABILITY RESTRICTIONS ON TRANSFER OF PROPERTY (Orange Gardens- 12510 Oak Knoll Road) 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 seq.), and the Redevelopment Plan for the Paguay Redevelopment Project, has required Poway Family Housing Partners, L.P., a California limited partnership (the "Owner ") 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 ") situated on that certain real property (the "Property "), located at 12510 Oak Knoll Road, San Diego County, Assessor's Parcel No. 317 - 540 -69, 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: 1. Fourteen (14) units in the Development are restricted for occupancy by very low income households, at rents affordable to very -low income households; and 2. Thirty-seven (37) units in the Development are restricted for occupancy by lower income households, at rents affordable to lower income households; and 3. Additional requirements concerning operation, management, and maintenance of the Development are also imposed by the Restrictions. 1552 \09 \764826.1 In the event of any conflict between this Notice of Affordability Restrictions on 6050 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 -five (55) years from the date of Completion of Rehabilitation (as Defined in the Agency Loan Agreement), but in no event later than the fifty -ninth (59'') anniversary of the date the Deed of Trust is recorded with the Office of the San Diego County Recorder. This Notice is being recorded and filed by the Agency in compliance with Health and Safety Code Sections 33334.3(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. [Remainder of Page Left Intentionally Blank.] 1552 \09 \764826.1 2 IN WITNESS WHEREOF, the parties have entered into this Notice of 6051 Affordability Restrictions on Transfer of Property on or as of December Z1, 2009. AGENCY: THE POWAY REDEVELOPMENT AGENCY, a pub ' ody, corporate and politic By: c Its: OWNER: POWAY FAMILY HOUSING PARTNERS, L.P., a California limited partnership By: A..- Its: t 4 By: Foundation for Affordable Housing V, Inc., a California nonprofit public benefit corporation Its: Man agi General Partner By: Its: - PrE5 t 8QY ct By: Affirmed Housing Group, Inc., a Delaware corporation Its: Administrative General Partner By: It 66 1552 \09 \764826.1 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of SAN DIEGO 6052 On December 18. 2009 before me, Kelli J. Elliott . Notary Pub , Date Name and Title of Officer, (e.g., "Jane Doe, Notary Public ") personally appeared James Silverwood Name(s) of Signer(s) Who provided to me on basis of satisfactory evidence to be the persons) whose nameW is /am subscribed to the within instrument and acknowledged to me that he /shefley executed the same in his /her thefp authorized capacityoe*, and that by his /heNtheir signatureW on the instrument the person(s), or the entity upo behalf of which the persons) acted, executed the instrument. KELLI J. ELLIOTT COMM. #1717344 WITNESS my hand and i I seal. L NOTARY PUBLIC * CALIFOR�pp SAN DIEGO COUNTY cC +�� Comm. Exp. JAN. 16, 2011 * *I certify under penalty of perjury j under the laws of the Stat of California that the foregoing is true and correct. paragraph OPTIONAL of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and re- attachment of this form to another document. of Attached Document Title or Typ`e Document: Document Date: Signer(s) Other Than Nam Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: ❑ Individual Corporate Officer le(s): ❑ Pa — ❑ Limited E0 General ❑ Attorney- -Fact ❑ Trustee ❑ Guardian or Conse for ❑ Other: Signer is Representing: STATE OF CALIFORNIA COUNTY OF SAN DIEGO On 200 before me, Notary Public, personally appeared I - f5 t -'1 A 1 Q ' who proved to me on the basis of satisfactory evidence to be the personklTwhose namekgj /a e- subs ibed to the within instrument and acknowledged to me that e/ he4hcy executed the same in is uthorized capacity( is ' , and that by signature(s' on the instrument or the entity upon behalf of which the person(kacted, executed the instrument. the person( 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. ' Conumulon # 1747479 Nobly PU MC - Camofnla _ =on Die" County Signature (Seal) �MCarr+> 8prs�osc2d�701 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On , 20 before me, Notary Public, personally appeared 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 (Seal) 6053 1552 \09 \764826.1 ACKNOWLEDGMENT F ! f STATE OF CALIFORNIA COUNTY OF ORANGE On December 16, 2009 before me, Gary Ponce, Notary Public personally appeared Deborrah A. Willard 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 GARY PONCE Commission # 1716604 -s Notory Public - Coliforniai z Signature (Seal) Orange County WCornrn.BPkwJon13.2011 r ���r EXHIBIT A (Legal Description) The land is situated in the City of Poway, County of San Diego, State of California, and is described as follows: THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL l: THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS 30.00 FEET DISTANT NORTHERLY AT RIGHT ANGLES FROM THE CENTER LINE OF THE 40 FOOT COUNTY ROAD TO POWAY, SAID POINT OF BEGINNING BEARING NORTH 70 0 02'46" EAST 1005.15 FEET FROM THE POINT OF INTERSECTION OF THE SOUTH LINE OF SAID SECTION 14 WITH THE CENTER LINE OF MISSION ROAD 1 -A AT STATION 378 + 70.9 THEREON, AS SHOWN ON MAP THEREOF ON FILE IN THE OFFICE OF COUNTY SURVEYOR OF SAID SAN DIEGO COUNTY, AND BEING ALSO THE SOUTHWEST CORNER OF LAND DESCRIBED IN THE DEED FROM R. T. CREMER, ET UX, TO EVERETT DANIELSON, ET UX, DATED OCTOBER 4, 1940, RECORDED OCTOBER 16, 1940 IN BOOK 1085, PAGE 127 OF OFFICIAL RECORDS; RUNNING THENCE PARALLEL WITH AND 30.00 FEET NORTHERLY AT RIGHT ANGLES FROM THE CENTER LINE OF SAID POWAY ROAD SOUTH 83 0 20'00" WEST, 133.69 FEET; THENCE PARALLEL WITH THE WEST LINE OF SAID DANIELSON'S LAND, NORTH 00 °43'00" EAST TO THE SOUTH LINE OF THE NORTH 162.65 FEET (MEASURED ALONG THE EAST AND WEST LINES) OF THE LAND DESCRIBED IN THE DEED TO KENNETH C. SNYDER, ET UX, RECORDED JUNE 10, 1968 AS DOCUMENT NO. 96618: THENCE EAST ALONG SAID SOUTH LINE TO THE WEST LINE OF THE HEREINABOVE REFERRED TO DANIELSON'S LAND; THENCE ALONG SAID WEST LINE SOUTH 00 0 43'00" WEST, 321.97 FEET TO THE POINT OF BEGINNING. PARCEL 2: THAT PORTION' OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT WHICH IS 30.00 FEET DISTANT NORTHERLY AT RIGHT ANGLES FROM THE CENTER LINE OF THE 40 FOOT COUNTY ROAD TO POWAY, SAID POINT OF BEGINNING BEARING NORTH 70 0 02'46" EAST 1005.15 FEET FROM THE POINT OF INTERSECTION OF THE SOUTH LINE OF SAID SECTION 14 WITH THE CENTER LINE OF MISSION ROAD 1 -A AT STATION 378 + 70.9 THEREON, AS SHOWN ON MAP THEREOF ON FILE IN THE OFFICE OF COUNTY SURVEYOR OF SAID SAN DIEGO COUNTY, AND BEING ALSO THE SOUTHWEST CORNER OF LAND DESCRIBED IN THE DEED FROM R. T. CREMER, ET UX; TO EVERETT DANIELSON, ET UX, DATED OCTOBER 4, 1940, RECORDED OCTOBER 16, 1940 IN BOOK 1085, PAGE 127 OF OFFICIAL RECORDS; RUNNING THENCE PARALLEL WITH AND 30.00 FEET NORTHERLY AT RIGHT ANGLES FROM THE CENTER LINE OF SAID POWAY ROAD SOUTH 83 0 20'00" WEST, 133.69 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 83 0 20'00" WEST, 133.68 FEET 6,055 LEGAL DESCRIPTION (continued) TO THE EAST LINE OF LAND AS DESCRIBED IN PARCEL 2 OF THE DEED TO J. FRANK ZITTELL AND CHARLOTTE G. ZITTELL, RECORDED MARCH 26, 1947, IN BOOK 2374, PAGE 80 OF OFFICIAL RECORDS; THENCE ALONG THE EAST LINE OF LAND AS DESCRIBED IN SAID PARCEL 2, NORTH 00 °43'00" EAST TO THE SOUTHWEST CORNER OF THE NORTH 162.65 FEET (MEASURED ALONG THE EAST AND WEST LINES) OF THE LAND DESCRIBED IN DEED TO KENNETH C. SNYDER, ET US, RECORDED JUNE 10, 1968 AS DOCUMENT NO. 96618, THENCE EAST ALONG THE SOUTH LINE OF SAID NORTH 162.65 FEET TO A LINE WHICH BEARS NORTH 00 0 43'00" EAST, PARALLEL WITH THE WEST LINE OF SAID DANIELSON'S LANDS, FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 00 °43'00" WEST TO THE TRUE POINT OF BEGINNING. PARCEL 3: AN EASEMENT FOR INGRESS AND EGRESS AND FOR ALL UTILITY PURPOSES AND INCIDENTS THERETO OVER, UNDER, ALONG AND ACROSS THE WEST 20.00 FEET OF THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS 30.00 FEET DISTANT NORTHERLY AT RIGHT ANGLES FROM THE CENTER LINE OF THE 40 FOOT COUNTY ROAD TO POWAY, SAID POINT OF BEGINNING BEARING NORTH 70 0 02'46" EAST 1005.15 FEET FROM THE POINT OF INTERSECTION OF THE SOUTH LINE OF SAID SECTION 14 WITH THE CENTER LINE OF MISSION ROAD 1 -A AT STATION 378 + 70.9 THEREON, AS SHOWN ON MAP THEREOF ON FILE IN THE OFFICE OF COUNTY SURVEYOR OF SAID SAN DIEGO COUNTY, AND BEING ALSO THE SOUTHWEST CORNER OF LAND DESCRIBED IN THE DEED FROM R. T. CREMER, ET UX, TO EVERETT DANIELSON, ET UX, DATED OCTOBER 4, 1940, RECORDED OCTOBER 16, 1940 IN BOOK 1085, PAGE 127 OF OFFICIAL RECORDS; RUNNING THENCE PARALLEL WITH AND 30.00 FEET NORTHERLY AT RIGHT ANGLES FROM THE CENTER LINE OF SAID POWAY ROAD SOUTH 83 0 20'00" WEST 267.37 FEET TO THE EAST LINE OF LAND AS DESCRIBED IN PARCEL 2 OF DEED TO J. FRANK ZITTELL AND CHARLOTTE G. ZITTELL, RECORDED MARCH 26, 1947, IN BOOK 2374, PAGE 80 OF OFFICIAL RECORDS; THENCE ALONG THE EAST LINE OF LAND AS DESCRIBED IN SAID PARCEL 2, NORTH 00 °43'00" EAST TO THE SOUTH LINE OF LAND AS DESCRIBED IN PARCEL 1 OF SAID DEED TO THE ZITTELLS; THENCE ALONG THE SOUTH LINE OF LAND AS DESCRIBED IN SAID PARCEL 1, EASTERLY TO THE WEST LINE OF DANIELSON'S LAND HEREINABOVE REFERRED TO; THENCE ALONG THE WEST LINE OF SAID DANIELSON'S LAND SOUTH 00 0 43'00" WEST 483.72 FEET TO THE POINT OF BEGINNING. PARCEL 4: AN EASEMENT FOR INGRESS AND EGRESS AND FOR ALL UTILITY PURPOSES AND INCIDENTS THERETO OVER, UNDER, ALONG AND ACROSS A STRIP OF LAND 30.00 FEET IN WIDTH LYING WITHIN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, THE WEST LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: 6055 LEGAL DESCRIPTI ®N (continued) BEGINNING AT A POINT WHICH IS 30.00 FEET DISTANT NORTHERLY AT RIGHT ANGLES FROM THE CENTER LINE OF THE 40 FOOT COUNTY ROAD TO POWAY, SAID POINT OF BEGINNING BEARING NORTH 70 0 02'46" EAST 1005.15 FEET FROM THE POINT OF INTERSECTION OF THE SOUTH LINE OF SAID SECTION 14 WITH THE CENTER LINE OF MISSION ROAD I -A AT STATION 378 + 70.9 THEREON, AS SHOWN ON MAP THEREOF ON FILE IN THE OFFICE OF COUNTY SURVEYOR OF SAID SAN DIEGO COUNTY, AND BEING ALSO THE SOUTHWEST CORNER OF LAND DESCRIBED IN THE DEED FROM R. T. CREMER, ET UX, TO EVERETT DANIELSON, ET UX, DATED OCTOBER 4, 1940, RECORDED OCTOBER 16, 1940 IN BOOK 1085, PAGE 127 OF OFFICIAL RECORDS; RUNNING THENCE PARALLEL WITH AND 30.00 FEET NORTHERLY AT RIGHT ANGLES FROM THE CENTER LINE OF SAID POWAY ROAD SOUTH 83 0 20'00" WEST 277.46 FEET; THENCE NORTH 00 °43'00" EAST, 505.00 FEET, MORE OR LESS, TO THE SOUTH LINE OF LAND DESCRIBED IN PARCEL 1 IN THE DEED TO J. FRANK ZITTELL, ET UX, RECORDED MARCH 26, 1947, IN BOOK 2374, PAGE 80 OF OFFICIAL RECORDS, BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 00 0 43'00" EAST TO THE SOUTH LINE OF THAT CERTAIN EASEMENT FOR PUBLIC ROAD PURPOSES DESCRIBED IN THE DEED OF THE COUNTY OF SAN DIEGO RECORDED MAY 2, 1963 AS DOCUMENT NO. 76105 OFFICIAL RECORDS. SAID STRIP TO TERMINATE ON THE NORTH IN THE SOUTH LINE OF SAID PUBLIC ROAD AND ON THE SOUTH IN THE SOUTH LINE OF SAID PARCEL 1 OF ZITTELL'S LAND. END OF LEGAL DESCRIPTION 6057 15;2 \09\763781.1