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