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Home My WebLink About; ; 2007-0357882; CovenantDOC# 2007-0357882 MAY 25, 2007 3:56 PM Recording Requested by: OFF|C|AL RECQRDS uty or uansDaa SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER When Recorded Mail to: jjp 16-°J City of Carlsbad City Clerk's Office Attn: City Clerk 1200 Carlsbad Village Drive Carlsbad. California 92008 (Space above for Recorder's Use) Assessor's Parcel Number 167-053-21 DECLARATION OF RESTRICTIVE COVENANTS This DECLARATION OF RESTRICTIVE COVENANTS is made this olA day of _ 20 Or? by Cyril Kellett and Joanne Kellett (hereinafter "Declarants"). RECITALS A. Declarants are the Developers and the sole Owners of that certain real property described as APN 167-053-21 and commonly known as 3455 Ridgecrest Drive in the City Carlsbad, County of San Diego, State of California and as further described in the legal description attached hereto as Exhibit A (hereinafter "Affordable Housing Lot"). B. This Deed Restriction is being entered into in accordance with the Affordable Housing Agreement entered into on ^ f^L^. 2007 by and between Declarants and the City of Carlsbad, a municipal corporation, and provides certain restrictions regarding a Second Dwelling Unit which has been constructed as part of the Affordable Housing Lot and which shall be maintained and utilized in accordance with the requirements of Carlsbad Municipal Code Section 21.85.070 for the useful life of the main structure (up to 55 years). COVENANTS. TERMS. CONDITIONS AND RESTRICTIONS NOW THEREFORE, Declarants hereby declare that the Affordable Housing Lot shall be held, transferred, conveyed, leased, occupied or otherwise disposed of and used subject to the following restrictions, which shall run with the land and be binding on Declarants' heirs, successors in interest, administrators, assigns, lessees, or other occupiers and users of the Affordable Housing Lot or any portion of it. (1) Restriction on Rental of Second Dwelling Unit. The maximum monthly rent for the Second Dwelling Unit, subject to this Agreement, which becomes rented or leased shall not exceed an amount of thirty percent (30%) of 1/12th of the gross annual income of a low-income household, adjusted for household size, at seventy percent (70%) of the San Diego County median income, as such median income is published by the United States Department of Housing and Urban Development from time to time. For purposes of this Agreement, "Rent" shall include a utility allowance as established and adopted by the City of Carlsbad Housing Authority, as well as all required monthly payments made by the tenant to the lessor in connection with use and occupancy of a housing unit and land and facilities associated therewith, including any separately charged fees, utility charges, or service charges assessed by the lessor and payable by the tenant (but not including fees and charges resulting from any default by the tenant or damage caused by the tenant, or fees or charges paid by the tenant to third party utilities or other providers). City Attorney Approved: 05/22/2007 fees, utility charges, or service charges assessed by the lessor and payable by the tenant (but not including fees and charges resulting from any default by the tenant or damage caused by the tenant, or fees or charges paid by the tenant to third party utilities or other providers). (2) Restriction on Tenant Income. The Affordable Unit shall be available to households with incomes not exceeding 80% of the median income for San Diego County, adjusted for actual household size. (3) Declaration. Declarants shall require any purchaser(s) of the Affordable Housing Lot upon which the Second Dwelling Unit has been constructed to sign a declaration under penalty of perjury, in a form prescribed by the City Housing and Redevelopment Director, which states that if the Second Dwelling Unit on the Affordable Housing Lot is rented that it shall be rented at a monthly rental rate not to exceed the rate set forth in paragraph 1. Declarants shall forward the purchaser(s)' original declaration to the City Housing and Redevelopment Director for maintenance in the City's files, and retain a copy for its own files in the event proof becomes necessary. DECLARANTS By: Cyril h(ellett Property Owner By: Jo< iperty Owner City Attorney Approved: 05/22/2007 ACKNOWLEDGMENT State of California County of San Diego On before me,L , Aiobsftsj Public (here insert name and title of the officer) personally appeared I V^Lll f. p. personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)-i€/are subscribed to the within instrument and acknowledged to me that tte/stie/they executed the same in his/hef/their authorized capacity(ies), and that by4ws/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature. \AMBRA L. AUSTIN Commission* 1730614 Notary Public - California i San DM»go County MyComm.BqpfcMApr13.2011 (Seal) City Attorney Approved: 05/22/2007 ATTACHMENT A LEGAL DESCMPTION OF SUBJECT PROPERTY LOT 25 IF SEACREST ESTATES UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 3906, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 10,1958. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHWESTERLY CORNER OF SAID LOT 25, THENCE ALONG THE NORTHERLY LINE THEREOF SOUTH 80°18'00" EAST 500 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 8°36*20" EAST 62.70 FEET; THENCE SOUTH 64°03'50" WEST 85.75 FEET TO A POINT IN THE WESTERLY LINE OF SAID LOT 25; THENCE ALONG SAID WESTERLY LINE NORTH 9°42'00" EAST 109.49 FEET TO THE POINT OF BEGINNING.