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HomeMy WebLinkAboutCT 99-04; CIC LA COSTA LP; 2008-0445223; Notice of RestrictionCHi DGC# 2008-0445223 RECORDING REQUESTED BY AND WHEN RECORDED MAIL, TO: 10012 Carlsbad Redevelopment Agency 2965 Roosevelt Street, Suite B Carlsbad, CA 92008 Attention: Executive Director AUG19, 2008 4:13 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE G R E G 0 RY J . S M I T H . CO LI N TY RECORDER FEES: [i.OO PAGES:8 (Space above for Recorder's Use) NOTICE OF AFFORD ABILITY RESTRICTIONS ON TRANSFER OF PROPERTY NOTICE IS HEREBY GIVEN, that the Carlsbad 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 Carlsbad Village Redevelopment Area and the South Carlsbad Coastal Redevelopment Area, has required CIC La Costa, L.P., a California limited partnership (the "Owner") to enter into certain affordability covenants and restrictions entitled, Regulatory Agreement and Declaration of Restrictive Covenants with the Agency and the City of Carlsbad (the "Restrictions"), with reference to a housing development (the "Development") situated on that certain real property (the "Property"), located at _____ Avenida Soledad, City of Carlsbad, Assessor's Parcel No. 223-810-14; 223-810-15; and 223-810-16, 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. thirty-one (31) units in the Development are restricted for occupancy by lower income households, at rents affordable to lower income households. 2. fifty-one (51) units in the Development are restricted for occupancy by very low income households, at rents affordable to very low income households. 1010\18\538I42.1 10013 3 . 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. The Restrictions were recorded concurrently herewith, as Instrument No. in the Official Records of San Diego County, and shall remain in effect until fifty-five (55) years after the date of this Notice. 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. [Signatures on Following Page] 10!0\I8\538142.1 10014 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. OWNER: CIC LA COSTA, L.P., a California limited partnership By: DDC La Costa, LLC, a California limited liability company/its Co-General Partner Its: By:Pacific Southwest Community Development Corporation, a California nonprofit public benefit corporation, its Managing General Partner By: Name: Its: <c CITY: CITY OF CARLS By: Its: orporation [Signatures Continue on Following Page] 1010\18\538142.1 10015 AGENCY: CARLSBAD REOEyELOPMENT public body, DEPUTY CITY MANAGER 1010\!8\538142.1 10016 State of California County of before me,. NotaryOn /y<V 33 JfftfJ Public, personally appeared -^^YYIC^ ^ . >& tVL4 ^ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)(1^)ate subscribed to the within instrument and acknowledged to me that(fi|i!'siie/they executed the same in^/hcr/thcir authorized capacity(ies), and that byfiis^hor/thoif 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) MICHELLE CASSEL Commission #1488413 Notary Public - California Orange County State of California County of 'Dl On before me A •dM wh /) (_M6e\ .Notary , who proved to me on . Public, personally appeared the basis of satisfactory evidence to be the person(s) whose name(s)(is$aFe subscribed to the within instrument and acknowledged to me thaVffl/she/they executed the same in/fij|yher/their authorized capacity(ies), and that b]^hT^/hef/tbeir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ) MICHELLE CASSEL Commission* 1488413 Notary Public - California Orange Countynry r 0P3CVUIEEP (Seal) 1010\18\538142.1 10017 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of SlO — - - On -JuAO. 10 o{(Yy% before me, fefncia, L personally appeared JrtiY\Pf-? F~- C-i 1 1 C5\\ re Insert Name and Title of the Officer Name(s) of Signer(s) flUROAL Cf£SCENH CommMon* 1661400 Notafy PuMc - CoHfomta Son Diego County My Corrrrt. Expires May 24,2010 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person^ whose name)^) Is/are- subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hor/thoir authorized capacity (i^g), and that by his/het#hetr signature(s£on the instrument the persor$S), 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 myjiand and official seal.. /::' Signature OPTIONAL 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 reattachment of this form to another document. Description of Attached Document Titfe-Qr Type of Document: DocumenfBate:. Number of Pages^ Signer(s) Other Tn&w^Named Above: Capacity(ies) Claimed bySigner(s) Signer's Name:Signer's Name:_ D IndividualIndividual Corporate Officer — Title(s):orporate Officer — Title(s): D Partrvej>- D Limited D General D Attorney>sFact D Trustee D Guardian or Conserv D Other: Partner — D Limited D GeneraK Attorney in Fact Trustee Guardian or Conservator Other: Top of thumb here Top of thumb here Signer Is Representing:Signer Is Representing: ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toil-Free 1 -800-876-6827 10018 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of CT On ,'Juve ID ifc Date/ personally appeared before me,L Here Insert Name and Title of the Officer Name{s) of Signer(s) HMMOA ICommMon* 1661400 SonO^oCourty who proved to me on the basis of satisfactory evidence to be the person^ whose name^S) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/het#heir authorized capacity (Je£), and that by his/hor/thoir signatureJS^Con the instrument the persorj^'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.^ ~—- s~ ^, Place Notary Seal Above Signature OPTIONAL - 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 reattachment of this form to another document. Description of Attached Document Title or Typextf Document: Document Date Signer(s) Other Than Nairn Capacity(ies) Claimed by Signer^ Signer's Name: D Individual Number of Pages: er's Name: Individual rporate Officer — Title(s): D Farther — D Limited D General D AttornevNn Fact D Trustee D Guardian or Corifeervator D Other: Top of thumb here Top of thumb here Signer Is Representing: D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: ^ Signer ^.Representing: ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 EXHIBIT A DESCRIPTION OF PROPERTY 10019 Lots 207, 208 and 209 of City of Carlsbad Tract99-04-03 Villages at La Costa, La Costa Oaks North, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 15318, filed in the Office of the County Recorder of San Diego County, April 18, 2006. V APN: 223-810-14; 223-810-15 and 223-810-16 1010U8Y538810.2