Notice of Affordability Restrictions on Transfer of Property 2011-0441794RECORDED AT THE REQUEST OF
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ORIGINAL
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WHEN RECORDED MAIL TO:
The Poway Housing Authority
13325 Civic Center Drive
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26, 2011 BCO MA
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 39.00
PAGES: 9
Poway, 92064 I IIIIII IIIII IIIII IIIII IIIII IIiII IIIII IIIN III bIII IBII IIIII IIIII IIIII IiIII IIII iIII
Attn: Executive Director
13vy l 6,5- of -
NOTICE OF AFFORDABILITY RESTRICTIONS
ON TRANSFER OF PROPERTY
(Orange Gardens- 12510 Oak Knoll Road)
NOTICE IS HEREBY GIVEN, that the Poway Housing Authority, a public body,
corporate and politic (the "Authority "), to carry out certain obligations under the Community
Redevelopment Law of the State'of California (Health and Safety Code Section 33000 et seq.),
the Cooperation Agreement with the Poway Redevelopment Agency, a public body, corporate
and politic (the "Agency "), 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, First Amended
and Restated 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. Three (3) Units, including two (2) one - bedroom Units and one (1) two- bedroom Units in
the Development are restricted for occupancy by extremely -low income households, at
rents affordable to extremely -low income households; and
2. Twenty -Three (23). Units, including nine (9) one - bedroom Units, Eleven (11) two -
bedroom units and three (3) three - bedroom units, in the Development are restricted for
occupancy by very-low income households, at rents affordable to very-low income
households; and
3. Twenty -five (25), including eleven (11) one - bedroom units and fourteen (14) two-
bedroom units, in the Development are restricted for occupancy by lower income
households, at rents affordable to lower income households; and
4. Additional requirements concerning operation, management, and maintenance of the
Development are also imposed by the Restrictions.
In the event of any conflict between this Notice of Affordability Restrictions on Transfer of
Property (the "Notice ") and the Restrictions, the terms of the Restrictions shall prevail.
Wardens Notice of Affordability 8-1 -11
6339
1. The Restrictions have been recorded concurrently herewith, and shall remain in effect for
fifty -six (56) years from the date of recordation of this Notice.
This Notice is being recorded and filed by the Authority in compliance with Health and
Safely 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 Authority and the Owner.
This Notice amends, restates, and replaces the original Notice of Affordability
Restrictions on Transfer of Property, dated as of December 22, 2009 and recorded in the Office
of the San Diego County Recorder as Document No. 2009 - 0704720, in its entirety. Upon the
execution and recordation of this Notice, the original Notice of Affordability Restrictions on
Transfer of Property shall be terminated and removed as a lien against the Property.
This Notice may be executed by each party on a separate signature page, and when the
executed signature pages are combined, shall constitute one single instrument.
[Remainder of Page Left Intentionally Blank.]
Wardens Notice of Affordability 8 -1 -11
2
IN WITNESS WHEREOF, the parties have entered into this Notice of Affordability
Restrictions on Transfer of Property on or as of August 1, 2011.
OWNER:
POWAY FAMILY HOUSING PARTNERS, L.P., a
California limited partnership
By: Foundation for Affordable Housing V, Inc.,
a California nonprofit public benefit corporation
Its: Managing General Partner
By: 'd Z��;
Deborrah Willard, President
By: Affirmed Housing Group, Inc., a Delaware
Corporation
Its: Administrative General Partner
By: _
s Silverwo&ffrdsident
AUTHORITY:
THE POWAY HOUSING AUTHORITY, a public body,
corporate and politic
APPROVED AS TO FORM:
KANE BALLMER & BERKMAN
Glenn F. Wasserman
Authority Special Counsel
Wardens Notice of Affordability 8 -1 -11
Penny Riley, Executive Director
3
6341
IN WITNESS WHEREOF, the parties have entered into this Notice of Affordability
Restrictions on Transfer of Property on or as of August 1, 2011.
OWNER:
POWAY FAMILY HOUSING PARTNERS, L.P., a
California limited partnership
By: Foundation for Affordable Housing V, Inc.,
a California nonprofit public benefit corporation
Its: Managing General Partner
APPROVED AS TO FORM:
V NE B LMER & BERKMAN
B 2L
Y•
F. Wasserman
city Special Counsel
Wardens Notice of Affordability 8 -1 -11
By:
Deborrah Willard, President
By: Affirmed Housing Group, Inc., a Delaware
Corporation
Its: Administrative General Partner
James Silverwood, President
AUTHORITY:
THE POWAY HOUSING AUTHORITY, a public body,
corporate and politic
3
COUNTY OF ORANGE
STATE OF CALIFORNIA
)
ss
ME
On before me, kfi rr c 40-t PJRAJ14(. Notary Public,
persona appeared, DEBORRAH WILLARD in her capacity as President of Foundation for
Affordable Housing V, Inc., as Managing General Partner of Poway Family Housing Partners,
L.P., who proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that she executed the same in her
authorized capacity, and that by her signature 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 tb 1 statp4f i o t the
foregoing paragraph is true and correct. LORRAINE S. BENTLEY
Comnilssion #f 1902471
WITNESS my hand and official seal. Notary Public - California
Oranpe County
Comm. Ex re= Sep 2, 2014
Signature of Notary Public [SEAL]
COUNTY OF SAN DIEGO
ss
STATE OF CALIFORNIA
On PK AUSA' 11 . ZO 11 , before me, U IX—CbAO , Notary Public,
personally'appeared, JAMES SILVERWOOD in his capacity as President of Affirmed
Housing Group, Inc., as Administrative General Partner of Poway Family Housing Partners,
L.P., who proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature 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.
WITNESS my hand and official seal.
Signature of Pub
Y.DECARLO
COMM. #1917933 Ln
W S DIEGO COIJN1Y
bb Comm. Exo. JAN 16. 20%
[SEAL]
Amended and Restated Agreement of Limited Partnership
Poway Family Housing Partners, L.P.
Signature Page 4 of 5
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
6343
On August 11, 2011 before me, Carol S. Legg, Notary Public, personally appeared Penny
Riley, who proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that she executed the same in
her authorized capacity, and that by her signature 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
WITNESS my hand and official seal.
r�. r
OPTIONAL
Title or type of document: Notice of Affordability Restrictions on Transfer of Property (Orange
Gardens -12510 Oak Knoll Road).
Penny Riley signed as Executive Director, Poway Housing Authority.
Document Date: August 1, 2011. Number of Pages: 3, plus Exhibit A: 3 pages
There is an additional signature page that is unaccompanied by the full 3 -page document.
Signers Other Than Named Above:
Glenn F. Wasserman, Agency Special Counsel
Deborah Willard, President of Foundation for Affordable Housing V. Inc. (not yet signed at time
of this notarization)
James Silverwood, president of Affirmed Housing Group, Inc. (not signed yet at time of this
notarization)
EXHIBIT A 6344
Property Description
Legal Description
All that certain real property located in the City of Poway, County of San Diego, State of
California 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 70 002'46" 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 83 020'00" WEST, 133.69 FEET; THENCE PARALLEL WITH THE WEST
LINE OF SAID DANIELSON'S LAND, NORTH 00 043'00" 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 00 043'00" 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:
EXHIBIT A - Legal Description - Page 1 of 3
6345
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 70 002'46" 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 83 020'00" WEST, 133.69 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 83 020'00" WEST, 133.68
FEET 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
00 043'00 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:
A NON - EXCLUSIVE EASEMENT FOR THE INGRESS AND EGRESS OF MOTOR
VEHICLES AND PEDESTRIANS TO PERMIT THE FREE FLOW OF VEHICULAR AND
PEDESTRIAN INGRESS AND EGRESS PURSUANT TO RECIPROCAL EASEMENT
AGREEMENT RECORDED MAY 25, 2011, AS DOCUMENT NO. 2011- 0268977 OF
OFFICIAL RECORDS, TO, FROM, OVER, AND ACROSS THOSE PORTIONS OF THE
PROPERTIES DESCRIBED IN DEEDS TO CISSY FISHER RECORDED MAY 13, 1994, AS
DOCUMENT NO. 1994 - 0317060 AND TO POWAY FAMILY HOUSING PARTNERS
RECORDED DECEMBER 22, 2009 AS DOCUMENT NO. 2009 - 704717, BOTH IN THE
OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, STATE OF CALIFORNIA TOGETHER WITH A PORTION OF PARCEL 1
ACCORDING TO PARCEL MAP THEREOF NO. 3710, FILED IN THE COUNTY OF SAN
DIEGGO RECORDER'S OFFICE, APRIL 19, 1975, BEING MORE PARTICULARLY
DESCRIBED IN PARCELS A AND B AS FOLLOWS:
EXHIBIT A - Legal Description - Page 2 of 3
PARCEL A:
6346
A 34.00 FOOT WIDE STRIP OF LAND LYING 14.00 FEET EASTERLY OF, MEASURED
AT RIGHT ANGLES, AND PARALLEL WITH THE FOLLOWING DESCRIBED LINE AND
20 FOOT WESTERLY OF, MEASURED AT RIGHT ANGLES, AND PARALLEL WITH
THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE SOUTHEAST CORNER OF THE PROPERTY DESCRIBED IN SAID
FISHER DEED; THENCE ALONG THE EASTERLY LINE OF SAID PROPERTY NORTH
01052'33" EAST 503.39 FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL
1 OF PARCEL MAP 3710; THENCE ALONG THE NORTHERLY PROLONGATION OF
SAID EASTERLY LINE OF SAID FISHER PROPERTY NORTH 01 052'33" EAST 36.92
FEET TO THE BEGINNING OF A TANGENT 21.00 FOOT RADIUS CURVE, CONCAVE
WESTERLY, THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 28 019'49" AN ARC DISTANCE OF 10.38 FEET; THENCE NORTH 26 027'16"
WEST 4.42 FEET, MORE OR LESS, TO A POINT ON A NON - TANGENT 1250.00 FOOT
RADIUS CURVE; A RADIAL LINE TO SAID POINT BEARS SOUTH 19023'18" EAST;
SAID POINT ALSO BEING ON THE SOUTHERLY RIGHT -OF -WAY LINE OF POWAY
ROAD (100 FEET WIDE) AND THE POINT OF TERMINATION AND HEREAFTER
DESCRIBED AS POINT "A ".
PARCEL B:
COMMENCING AT THE HEREINABOVE DESCRIBED POINT "A ", THENCE
SOUTHWESTERLY ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE OF SAID
POWAY ROAD THROUGH A CENTRAL ANGLE OF 00 055'29" AN ARC DISTANCE OF
20.17 FEET TO A POINT ON THE WESTERLY LINE OF THE HEREINABOVE
DESCRIBED PARCEL A AND THE TRUE POINT OF BEGINNING; THENCE ALONG
SAID WESTERLY LINE SOUTH 26027'16" EAST 7.07 FEET TO THE BEGINNING OF A
TANGENT 1.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 28 019'49" AN ARC DISTANCE OF 0.49
FEET ; THENCE SOUTH 01'52'33" WEST 54.53 FEET; THENCE LEAVING SAID
WESTERLY LINE NORTH 02 008'36" WEST 28.54 FEET; THENCE NORTH 01 °52'33"
EAST 18.92 FEET TO THE BEGINNING OF A TANGENT 7.50 FOOT RADIUS CURVE,
CONCAVE SOUTHWESTERLY; THENCE NORTHERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 80 028'23" AN ARC DISTANCE OF 10.53 FEET TO A
POINT OF REVERSE CURVATURE WITH A 7.50 FOOT RADIUS CURVE, CONCAVE
NORTHEASTERLY; A RADIAL LINE TO SAID POINT BEARS NORTH 11 024'10" EAST;
THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
43 059'50" AN ARC DISTANCE OF 5.76 FEET TO A POINT ON A NON - TANGENT 1250.00
FOOT RADIUS CURVE, A RADIAL LINE TO SAID POINT BEARS SOUTH 17 059'47"
EAST, ALSO BEING A POINT ON THE SOUTHERLY RIGHT -OF -WAY LINE OF SAID
POWAY ROAD; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 00 028'02" AN ARC DISTANCE OF 10.20 FEET TO THE TRUE
POINT OF BEGINNING.
EXHIBIT A - Legal Description Page 3 of 3