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HomeMy WebLinkAboutNogle, Alexander; 2021-12-15;RECORDING REQUESTED BY Ticor Title-San Diego Branch ,t Exempt from fee per GC 27388.1 (a) (2); recorded concurrently in connection with a transfer subject to the imposition of documentary transfer tax. RECORDING REQUESTED PURSUANT TO GOVERNMENT CODE SECTION 27383 When Recorded Mail To: City of Carlsbad City Clerk's Office 1200 Carlsbad Village Drive Carlsbad, CA 92008 DOC# 2021-0853271 111111111111 lllll 11111111111111111111111111111111111111111111111111111 Dec 17, 2021 04:59 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES:5 NOTICE OF AFFORDABILITY RESTRICTIONS ON TRANSFER OF PROPERTY NOTICE IS HEREBY GIVEN, that the City of Carlsbad ("City"), has required Alexander James Nogle. a single man ("Owner") to enter into certain affordability covenants and restrictions entitled, Affordability Restrictions on Transfer of Property, Occupancy, and Refinancing Restrictions and Option to Purchase ("Restrictions"), with reference to certain real property located at 2685 Alameda Circle, Carlsbad, CA 92009, San Diego County ("Prope1ty"), 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: I. The Property is restricted for resale to a low-income household at a purchase price affordable to a low-income household, except as set forth in the Restriction. 2. The Owner must occupy the Property as the Owner's principal residence. 3. The Owner must give notice to the City before resale of the Property. 4. The Owner has granted the City an option to purchase the Property upon resale or default. 5. The Owner's rights to pledge the Property as security for a debt are limited. In the event of any conflict between this Notice of Affordability Restrictions on Transfer of Property ("Notice") and the Restrictions, the tenns of the Restrictions shall prevail. The Restrictions have been recorded concurrently herewith and shall remain in effect for thirty (30) years commencing on the date of recordation of the Restrictions. This Notice is being recorded and filed by the City of Carlsbad ("City") in compliance with Health and Safety Code Sections 33334.5(f)(3) and (4) and/or Section 33413(c)(5), as amended effective this date, and shall be indexed against the City and the Owner. RECORDING REQUESTED BY Ticor Title-San Diego Branch f Exempt from fee per GC 27388.1 (a) (2); recorded concurrently in connection with a transfer subject to the imposition of documentary transfer tax. RECORDING REQUESTED PURSUANT TO GOVERNMENT CODE SECTION 27383 When Recorded Mail To: City of Carlsbad City Clerk's Office 1200 Carlsbad Village Drive Carlsbad, CA 92008 NOTICE OF AFFORDABILITY RESTRICTIONS ON TRANSFER OF PROPERTY NOTICE IS HEREBY GIVEN, that the City of Carlsbad ("City"), has required Alexander James Nogle, a single man ("Owner") to enter into certain affordability covenants and restrictions entitled, Affordability Restrictions on Transfer of Property, Occupancy, and Refinancing Restrictions and Option to Purchase ("Restrictions"), with reference to certain real property located at 2685 Alameda Circle, Carlsbad, CA 92009, San Diego County ("Property"), and further described in Exhibit A, incorporated herein by reference. The affordability covenants and restrictions contained in the Restrictions include without limitation and as fmiher described in the Restrictions: I. The Property is restricted for resale to a low-income household at a purchase price affordable to a low-income household, except as set forth in the Restriction. 2. The Owner must occupy the Property as the Owner's principal residence. 3. The Owner must give notice to the City before resale of the Property. 4. The Owner has granted the City an option to purchase the Property upon resale or default. 5. The Owner's rights to pledge the Property as security for a debt are limited. In the event of any conflict between this Notice of Affordability Restrictions on Transfer of Property ("Notice") and the Restrictions, the tenns of the Restrictions shall prevail. The Restrictions have been recorded concurrently herewith and shall remain in effect for thirty (30) years commencing on the date ofrecordation of the Restrictions. This Notice is being recorded and filed by the City of Carlsbad ("City") in compliance with Health and Safety Code Sections 33334.5(f)(3) and (4) and/or Section 33413(c)(5), as amended effective this date, and shall be indexed against the City 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. CITY: CITY OF CARLSBAD By: ~ Q ,_,c___. Geoff Patnoe, Assistant City Manager Dated: 2 OWNER: (Signature) /)[a:r,i-1,d;,'J, ~\_Q_ (Print name) (PROPER NOTORIAL ACKNOWLEDGEMENT MUST BE ATTACHED) CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of Sa,Y\ 1), OfjO On ':Dec. \lp I 2:o o:::\ before me, H ov-~ ~'-No-h,.._~ ~ b\~c Dote HMfnsert ~d Title of the ~er personally appeared ______ & ... · ........... e_,e>~tt'--R--m--"---'"--..___,_--'-()==--· .... e~----------- Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(1whose name(i is/a!fa subscribed to the within instrument and acknowledged to me that he/s~e/th~y executed the same in his/¥r!ttfeir authorized capacity(ies), and that by his/h;r/t~ir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ~············J "• MOIi.GEN FRY : ,~ Mot•ry Pu_blic • C•llfoml1 z ~ f~_ .. -~J :::~J St!n D11!>1.•Count'y J: ~ Commi55ion # 2268605 - ... ·' ... , .. M-y Ccrrm. Ex:::ure'i Dec 24, 2022 Place Notary Seal and/or Stamp Above I certify under PENAL TY 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~ Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached D~c~'!\e.nt . . , . _ J' ., Title or Type of Document: Mblt (2\ Af±-w~ h°t:J~5-hic:hooS tx1 \ Y-Ci..VH:; --Y DocumentDate: i)t -pv-o~ NumberofPages: ____ _ Signer(s) Other Than Named Above: ________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Other: Signer is Representing: _________ _ ©2019 National Notary Association Signer's Name: _____________ _ D Corporate Officer -Title(s): _______ _ □ Partner -□ Limited □ General D Individual D Trustee D Other: □ Attorney in Fact □ Guardian or Conservator Signer is Representing: _________ _ A notary public or other office completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ST A TE OF CALIFORNIJ:j COUNTY OF £,e{l ~ } } S.S. On r?J0/~:JI , Nota · · (here insert name a_ Jodi V Schmaltz Tatum before me,------'-------- who proved to me on the basis of satisfactory evidence to be the person(i, whose name(s) isTai·~ subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hedthei1-authorized capacity(ies), and that by his/her(theii:--signature'4 on the instrument the person(i, or the entity upon behalf of which the person(n 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. Signature EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: A Condominium Comprised of: Parcel 1 (Common Area Interest): An Undivided fractional interest as tenant in common in and to the Common Area of Phase 2 as described on the Mulberry at Bressi Ranch Condominium Plan (the "Condominium Plan") recorded on February 11, 2005, as Document No. 2005-117224, in the Office of the County Recorder of San Diego County, California, being a Portion of Lot 1 of Carlsbad Tract Map CT 03-03, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 14800, filed in the Office of the County Recorder of San Diego County on May 21, 2004, The undivided Fractional Interest hereby Conveyed is the reciprocal of the Number of Residential Units shown on the Condominium Plan as being Within Phase 2 of the Condominium Plan. Excepting therefrom all residential units shown on the Condominium Plan. A. All oil, oil rights, minerals, mineral rights, natural gas rights and other hydrocarbons by whatsoever name known, geothermal steam and all products derived from any of the foregoing, that may be within or under the above described land (land), together with the perpetual right of drilling, mining, exploring and operating therefor and storing in and removing the same from said land or any other land, including the right to Whipstock or directionally drill and mine from lands other than the land, oil or gas wells, tunnels and shafts into, through or across the subsurface of the land, and to bottom such Whipstocked or directionally drilled wells, tunnels and shafts under and beneath or beyond the exterior limits thereof, and to Redrill, Retunnel, equip, maintain, repair, deepen and operate any such wells or mines without, however, the right to drill, mine, store, explore or operate through the surface or the upper 500 feet of the subsurface of the land. Parcel 2 (Residential Unit): Residential Unit No. 88 as shown upon the Condominium Plan. Parcel 3 (exclusive use areas): The Exclusive right to use any exclusive use area shown on the Condominium Plan as being appurtenant to the Residential Unit described in Parcel 2 above. Parcel 4 (Easement over Association Property): A Non-Exclusive easement for use and enjoyment of and access over the association property (association property is defined in the Declaration of Covenants, Conditions and Restrictions and Reservation of easements for Mulberry at Bressi ranch described below), excepting any exclusive use Area. The Easement hereby reserved, which is appurtenant to the Residential Unit described above, is for access and use of the Association Property, subject to the Provisions of the Declaration of Covenants, Conditions and Restrictions and Reservation of Easements for Mulberry at Bressi Ranch recorded on March 10, 2005 as Instrument No. 2005-0159300, of Official Records and the Rules and Regulations of the Mulberry at Bressi Ranch Homeowners Association, a California Nonprofit Mutual Benefit Corporation. APN: 213-190-04-38