HomeMy WebLinkAboutNotice of Affordability Restrictions on Transfer of Property ' ��:.:���r::u at ��e aequesc ot JIILIE RODEWALD nsK
Oia Repi_hlic Ti*.le Comp�ny San Luis Obispo Counry—Clerk/Recorder 4/03/2013
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C ty of A oy� aO�RDED RETURN TO� IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII o�e� o.00
300 East Branch Street
PAID 50.00
Arroyo Grande, CA 93421
Attn: City Clerk
[EXEMPT FROM RECORDING FEE PURSUANT TO GOVERNMENT CODE § 273H3]
NOTICE OF AFFORDABILITY RESTRICTIONS
ON TRANSFER OF PROPERTY
Important notice to owners, purchasers, [enan[s, lenders, brokers, escrow and
title companies, and otlrer persons, regarding affordable housing restrictions on
t/�e rea/ property described in this Notice: Affordable housing restrictions have
✓ been recorded�vith respect to the property described below (referred to in this
Notice as the "Property") which require that the housing units on the Property be
rented to households whose income does not exceed a prescribe level at an
affordable rent.
� G�cu�iew�ly Greie�v��y
This Notice of Affordability Restrictions on Transfer of Property is executed
and recorded pursuant to Section 33334.3(�(3)(B) of the Health and Safety Code.
The City of Arroyo Grande ("City"), acting to carry out certain obligations under
the Community Redevelopment Law of the State of California (Health and Safety
Code Section 33000 e[ seq.), has entered into a Regulatory Agreement and
Declaration of Covenants and Restrictions ("Regulatory Agreement") with
Courtland Street Apartments, L.P., a Califomia limited partnership ("Owner"),
with respect to that ceRain real properry ("Property") located at I50 Courtland
Street, Arroyo Grande, CA 93420, San Luis Obispo County, Assessor's Parcel No.
077-131-053, 077-131-055, and described on Exhibit "A" attached hereto and
incorporated herein by reference.
The Regulatory Agreement establishes certain covenants, conditions and
restrictions, as recited therein, which provide that the 36 units (excluding the one
on-site manager's unit) to be developed on the Property are to be rented to Low
Income Tenants and Very Low Income Tenants, at an Affordable Rent, in
accordance with the following unit mix:
executed In counterpart
B8L02�60D-0011
52I167�,7 a0J26�U �
�
Very Low Income Low Income
Type Total Units Tenants Tenants
1 Bedroom 4 l 3
2 Bedroom 17 5 12
2 Bedroom
(Mgr unit) 1 0 0
3 Bedroom 14 3 11
36 9 26
As used in this Notice, the following terms shall have the meanings ascribed
below:
"Affordable Rent" shall mean annual rent that does not exceed the
maximum percentage of income that can be devoted to rent (including a
reasonable utility allowance) by Low Income Tenants and Very Low Income
Tenants under the California Community Redevelopment Law, as follows:
(a) The Affordable Rent for the units designated to be occupied by
Low Income Tenants is 30% times 60% of the Median Income
adjusted for family size appropriate to the unit.
(b) The Affordable Rent for the units designated to be occupied by
Very Low Income Tenants is 30% times 50% of the Median
Income adjusted for family size appropriate to the unit.
As used herein, "adjusted for family size appropriate to the uniY' shall mean
a household of 2 persons in the case of a one-bedroom unit, a household of 3
persons in the case of a two-bedroom unit, and a household of 4 person in
the case of a three-bedroom unit.
"Low lncome TenanP' shall mean persons and families whose
household income does not exceed the qualifying limits for lower income
families as established and amended from time to time pursuant to Section 8
of the United States Housing Act of 1937, as such limits are published
annually by the Califomia Department of Housing and Community
Development, pursuant to Section 50079.5 of the Califomia Health and
Safety Code.
"Median Income" shall mean the median household income for the
County of San Luis Obispo, as established by the United States Department
sevoiaeoom i i
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of Housing and Urban Development, and as published periodically by the
State of California Department of Housing and Community Development.
"Very Low Income TenanP' shall mean persons and families whose
household income does not exceed the qualifying limits for very low income
families as established and amended from time to time pursuant to Section 8
of the United States Housing Act of 1937, as such limits are published
annually by the California Department of Housing and Communiry
Development, pursuant to Section 50105 of the California Health and Safety
Code. �/
/ COKC{,�rPP.«�� yerew��N
The Regulatory Agreement is being recorded on or about the date hereof and
will remain in effect until the date that is fifty-five (55) years after the units and
other improvements that are to be constructed on the Property pursuant to that
certain Affordable Housing and Loan Agreement ("AHLA") between the former
Arroyo Grande Redevelopment Agency ("Agency") and Owner dated March 8,
2011, on file with City, are completed, as evidenced by the recordation of the
Release of Construction Covenants (Attachment No. 6 to AHLA).
The City is the housing successor to the Agency pursuant to Health and
Safety Code Section 34176(a) and Resolution No. 4421, adopted by the Ciry
Council of City on January 10, 2012.
This Notice does not contain a full description of the details of all of the
terms and conditions of the Regulatory Agreement. You will need to obtain and
read the Regulatory Agreement to fully understand the restrictions and
requirements which apply to the Property.
[signatures on next page]
88NO2J600.0011
523163J 7 e0J281U '3-
This Notice shall be indexed against the City of Arroyo Grande and the
current owner of the Property.
"CI"I'1"'
CITY OF ARROYO GRANDE, a
California municipal corporation
�. -
Date: l�l�le/✓�'/i }� , ��/ BY� " �—
�G�n. 1�l�n.u.d i� �Y�c.�C.�
ATTEST: U
i�Gt�._�,� 1���r' L�f l�� �
�n.Ciry Cl�rk yZi� � � /`�
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
Special Counsel to the City
BS102J600-0011
32?16i�.3 o07Re/U �4�
This Notice shall be indexed against the City of Arroyo Grande and the
current owner of the Property.
"CITY"
CITY OF ARROYO GRANDE, a
California municipal corporation
Date: , By:
ATTEST:
City Clerk
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
����liX�l
Special Counsel to the City
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5?216)J J a01RB/Il '4'
State of California )
Counry of $�s.� Luis D ��aa )
On 03 —� a 9— �D/3 , before me, i ,
(insert name a title of the officer)
Notary Public, personally appeared �!✓!.i-i /9dGSY� ,
who proved to me on the basis of satisfactory evidence to be the person(�j whose
name(�sj is/efe subscribed to the within instrument and acknowledged to me that
he/s�eFEHey executed the same in his/keeFE}TCir authorized capacity(.iesj, and that by
his/}�e�+4�ie+r signature(sj�on the instrument the person(ej, or the entity upon behalf
of which the person(.�}acted, executed the instrument.
I certify under PENALTY OF PERNRY under the laws of the State of
California that the foregoing paragraph is true and correct.
KITTY NORTON
WITNESS my har�d and official seal. commieaio�� �e2aesi
Moury weue•c.m«w
Ban LYIB ODitpo COWRr
2015
Signature (Seal)
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32?163�3 n03!_'8/IJ '6"
CONSENT TO RECORDATION
COURTLAND STREET APARTMENTS, L.P., a Califomia limited partnership,
owner of the fee interest in the real property legally described in Exhibit "A"
hereto, hereby consents to the recordation of the foregoing Notice of Affordability
Restrictions on Transfer of Property against said real property.
"OWNER"
COURTLAND STREET APARTMENTS,
L.P., a California limited partnership
By: People's Self-Help Housing
Corporation, a California nonprofit
public benefit corporation,
its General Pa ner
By: �C�L�v
Name: `IF 11�1��(� ��NCp�
Title: �0��-S •
887N2i600-001 I
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State of Califomia )
County of,kcp�cii5(�5isrl� )
On�, ycti ��0%3 , before me, ' � _
(insert name and title o the o ficer)
Notary Public, personally appeared �Te�rie�e Izsnco,vi ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s�Gs`7a�-subscribed to the within instrument and acknowledged to me that
�ie�i#tep executed the same in his/her/their authorized capacity(ies), and that by
#is�Fk�signatureFs) on the instrument the person(�, or the entity upon behalf
of which the personfs) 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. �N�co F.caanTe �
Commission p 1g23082
_ .�� Notary Pu�lit �CelilOmla
San Luis Obi50o County
M Comm. E� iies F G 20.2015�
S i gn ature�r��. .�an�Jr�
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EXHBIT "A"
TO NOTICE OF AFFORDABILITY RESTRICTIONS
LEGAL DESCRIPTION OF PROPERTY
All that certain real property situated in the CITY OF ARROYO GRANDE,
County of SAN LUIS OBISPO, State of CALIFORNIA, described as follows:
PARCEL 2 AS DESCRIBED IN THAT CERTAIN CERTIFICAT'E OF
COMPLIANCE RECORDED JULY 15, 2009 AS DOCUMENT NO. 2009-
038586 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY
RECORDER AND MORE FULLY DESCRIBED AS FOLLOWS:
A PORTION OF LOT 1 OF THE J.F. BECKETT'S GRAND AVENUE
TRACT, IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS
OBISPO, STATE OF CALIFOItNIA, ACCORDING TO MAP FILED
SEPTEMBER 26, 1891 IN BOOK B, PAGE 75 OF MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY, AND THAT PORTION OF
BLOCK 114 OF THE TOWN OF GROVER, IN THE CIT'Y OF ARROYO
GRANDE, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA,
ACCORDING TO MAP FILED NOVEMBER 23, 1892 IN BOOK A, PAGE 6 OF
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
AND THAT PORTION OF REMAINDER OF TRACT 2471, IN THE CITY OF
ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO, STATE OF
CALIFORMA, ACCORDING TO MAP FILED AUGUST 16, 2004 IN BOOK
24, PAGES 9, 10 AND 11 OF MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, AND BE1NG THE SOUTH 172.25 FEET OF
THE FOLLOWING DESCRIPTION;
BEGINNING AT THE NORTHEAST CORNER OF LOT 1 OF TRACT
2158, IN THE CITY OF GROVER BEACH, COUNTY OF SAN LUIS OBISPO,
STATE OF CALIFORNIA, ACCORDING TO MAP FILED MAY 2, 1994 IN
BOOK 17, PAGE 23 OF MAPS, IN TI� OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY;
THENCE ALONG THE EASTERLY LINE THEREOF AND ALONG
THE EAST LINE OF THE LAND DESCRIBED IN DEED TO JOHN BRADLEY
FORDE AND ATiITA MADELINE FORDE IN DOCUMENT NO. 2003-122906
FILED OCTOBER 22, 2003 IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COLJNTY, SOUTH 03° 14' S1" WEST, 645.07 FEET TO THE
NORTHWEST CORNER OF LOT 7 OF SAID TRACT 2471;
BBL01�600�0011
57316Ji.J o03/18/l3
THENCE ALONG THE NORTHERLY LINE OF SAID TRACT 2471
AND THE NORTHERLY LINE OF TRACT 2260 PHASE I, IN THE CITY OF
ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO, STATE OF
CALIFORNIA, ACCORDING TO MAP FILED NOVEMBER 3, 2000, IN BOOK
19, PAGE 43 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COLTNTY TF-�REOF, SOUTH 86° 45' 35" EAST, 411.86 FEET TO A
POINT ON THE WESTERLY LINE OF AN EXISTING 50-FOOT EASEMENT
FOR ROAD PURPOSES, AS SHOWN ON PARCEL MAP AG 00-301, IN THE
CITY OF ARROYO GRANDE, COUNTY OF SAN LU1S OBISPO, STATE OF
CALIFORrIIA, ACCORDING TO MAP FILED JUNE 25, 2002 IN BOOK 56,
PAGE 54 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COLJNTY, WI-IICH POINT IS SOUTH 86° 45' 35"
EAST, 7.00 FEET FROM THE NORTHEAST CORNER OF LOT 84 OF SAID
TRACT 2260 PHASE I;
THENCE ALONG THE WESTERLY LINE OF SAID 50-FOOT
EASEMENT FOR ROAD PURPOSES, NORTH 03° 14' 46" EAST, 645.00 FEET
TO A POINT ALONG THE SOUTHERLY RIGHT-OF-WAY OF EAST GRAND
AVENUE;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE
THEREOF, NORTH 86° 45' 00" WEST, 411.84 FEET TO THE POINT OF
BEGINNING.
Assessor Parcel No(s).: 077-131-053
077-131-055
esvoz,noo-oo i i
5721611.J o07R8/17 —9—
END OF DOCUMEhIT