HomeMy WebLinkAboutMemorandum of Affordable Housing Restrictions and City Right to Acquire Propertyt
JULIE'" =RODEWALD
San Luie bispo County— Clerk/Recorder
Recorded at the request of
RECORDING REQUESTED, Jay, Ol RE RR YO CaR� JOE First American Title Company
First American Title Compaq ,.�` '' 11rr pp�� D 0 C # • 2014028061 Titles: 1 Pages:
AND WHEN RECORDED MA E 6' 131 AEU Fees
City of Arroyo Grande Taxes
300 East Branch St Others
Arroyo Grande, CA 93420 ," PAID
Attn: City Clerk
,yY yr
AG
7/17/2014
8:00 AM
— A.P.N.:077- 201 -012-
Space Above This Line for Recorder's Use Only
8
0.00
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$0.00
File No.: 40_09-4577161-(1_13)
This document is recorded for the benefit
of the City of Arroyo Grande and is exempt
from recording fees pursuant to Sections 6103 and 27383
of the California Government Code.
MEMORANDUM OF AFFORDABLE HOUSING RESTRICTIONS AND CITY
RIGHT TO ACQUIRE PROPERTY
This document is being re- recorded to correct a typographical error in the legal description
SEPARATE PAGE PURSUANT TO GOVT CODE 27361.6
RECORDED AT THE REQUEST OF
AND WHEN RECORDED RETURN TO:
City of Arroyo Grande
300 East Branch Street
Arroyo Grande, CA 93420
Attn: City Clerk
JULIE RODEWALD AR
San Luis Obispo County— Clerk/Recorder 5/29/2014
Recorded at the request of 4:22 PM
Public
DOC #: 2014021212
Titles: 1 Pages: 4
Fees
0.00
Taxes
0.00
Others
0.00
PAID
$0.00
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
This Memorandum of City Right to Acquire Property
is recorded at the request and for the benefit of the
City of Arroyo Grande and is exempt from the
payment of a recording fee pursuant to Government
Code Section 27383.
MEMORANDUM OF AFFORDABLE HOUSING RESTRICTIONS
AND CITY RIGHT TO ACQUIRE PROPERTY
This MEMORANDUM OF AFFORDABLE HOUSING RESTRICTIONS AND CITY
RIGHT TO ACQUIRE PROPERTY ( "Memorandum ") is entered into this � day of
._Q /' 4. .1-0 t , by and between the CITY OF ARROYO GRANDE, a California municipal
corporatio ( "City "), and the HOUSING AUTHORITY OF THE CITY OF SAN LUIS OBISPO,
a public body, corporate and politic ( "HASLO ").
This Memorandum is made with reference to the following:
1. HASLO is the owner of that certain real property located in the City of Arroyo
Grande, County of San Luis Obispo, State of California, more particularly described in the legal
description attached hereto as Exhibit "A" and incorporated herein by this reference ( "Site ").
2. On or about 2 -- I HASLO and City entered into that certain
Funding Agreement ( "Agreement "), pursuant to which City agreed to provide financial
assistance to HASLO to enable HASLO to acquire the Site for purposes of developing thereon
an affordable housing project.
3. The Agreement provides (i) for HASLO or an affiliate non -profit organization (a
" HASLO Affiliate ") to develop affordable housing on the Property in compliance with the terms
of the Agreement and record an affordable housing regulatory agreement against the Property, or
(ii) HASLO or, (ii) if a HASLO Affiliate owns the Property, for the HASLO Affiliate to transfer
fee ownership of the Property to City if certain approvals have not been obtained within the
timeframes set forth therein.
4. The Agreement further provides for HASLO and City to enter into this
Memorandum and to record the same in the Official Records of San Luis Obispo County,
California, to provide notice to all persons of the existence of said Agreement, which Agreement
is binding on HASLO and HASLO's successors -in- interest as to the Site.
882/0214840005
6602301.2 a00/00/00
4. This Memorandum is not intended as a full description of the terms and
conditions of the Agreement. This Memorandum shall not replace, alter, or modify any term or
condition set forth in the Agreement, nor shall it be used to interpret the terms and conditions of
the Agreement.
5. This Memorandum may be executed in several counterparts, and all so executed
shall constitute one agreement binding on both parties hereto, notwithstanding that both parties
are not signatories to the original or the same counterpart.
IN, WITNESS WHEREOF, City and HASLO have entered into this Memorandum as of
the date first- set forth above. --
"CITY"
CITY OF ARROYO GRANDE,
a California municipal corp rati on
By:
Print Name: Its:
"AUTHORITY"
"AUTHORITY"
HOUSING AUTHORITY OF THE CITY OF
SAN LUIS O
SPO, a public body, corporate and
politic J
-
Print ,
Its:j[Z�il/lilu
,
882/021484 -0005
6602301.2 a00 /00 /00 -2-
�T
State of California )
County of -6 r
On 3 ®� — ���� , before me, /' L- /�C� ,
(inscaarne and title of the officer)
Notary Public, personally appeared -72h yi/
who proved to me on the basis of satisfactory evid6nce to be the person(g) whose name(g) is /are
subscribed to the within instrument and acknowledged to me that he %kel4ey executed the same
_ in his/1wxAhe4r authorized capacity0es), and that by his/l�r _signature(aj on the instrument
the person(a), or the entity upon behalf of which the person(ayacted, 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.
KITTY NORTON
Commission # 1924921
WITNESS my hand and official seal. Notary Public - California
San Luis Obispo C04W
MV Comm. Ex ires Mar 9.2015
Signature (Seal)
State of California )
County of 2D )
On before me, (� S�,l f �p��e/ Pit G,
/ (' Bert name and title of the offiter)
Notary Public, persinally appeared S� Tj >� ►���G�-
who proved to me on the basis of satisfactory evidence to be the person(g) whose nameks) is /ate
subscribed to the within instrument and acknowledged to me that he /she /they executed the same
in his/her/their authorized capacity(i*, and that by his/her /tkeir signatureW on the instrument
the person(a), or the entity upon behalf of which the persons)-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.
C. CASILLAS
WITNESS my hand and official seal. V. Commission 0 1886031
Notary Public - California
San Luis Obispo County
Comm. Mv Exolfss M&v 14.20141
-
Signature __.��1� - - (Seal) - -
882/021484 -0005
66023012 a00 /00 /00 -3-
EXHIBIT "A"
LEGAL DESCRIPTION OF SITE
PARCEM AT 224 S. HALCYON ROAD
ALL THAT C°FiffAIN PROPERTY SITUATED IN THE CITY OF ARROYORANDE, COUNTY
OF SAN LUIS MISPO, STATE OF CALIFORNIA, DESCRIBED AS FOLL WS:
THAT PORTION OF LO-T,,,106 OF THE SUBDIVISION OF RANCHOSE CORRZY CDE PIEDRA, PISMO AND
BOLSA DE CHEMISAL, I THE CITY OF ARROYO GRANDE, IN THE CO OF SAN LUIS OBISPO,
STATE OF CALIFORNIA, AC ORDING TO MAP FILED FOR RECORD IN HE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, ESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE ESTERLY LINE OF CIENE A ROAD (NOW HALCYON ROAD)
DISTANT THEREON SOUTH 0 008' W Tt 57.5 FEET FROM TAKE S.4 AS SHOWN ON MAP OF
FOLSOM TRACT FILED FOR RECORD EMBER 26, 1 1, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY; THENCE NH 89° 52' W ST, 239.65 FEET TO THE WEST LINE OF
THE PROPERTY CONVEYED TO ADDISON B.
RECORDED MAY 18, 1950 IN BOOK 565, PAGE
WEST ALONG THE WESTERLY LINE OF THE
NORTHWEST CORNER OF THE PROPERTY CON)
BY DEED DATED MAY 2," 1960 AND
IFFICIAL RECORDS; THENCE SOUTH O° 08'
RTY SO CONVEYED 100 FEET TO THE
D JAMES BROWN, ET US., BY DEED DATED
AUGUST 7, 1951 AND RECORDED AUGUST 19 IN BOOK 623, PAGE 186 OF OFFICIAL
RECORDS; THENCE NORTH 890 42' EAST A r G THE RTHERLY LINE OF THE PROPERTY SO
CONVEYED 100 FEET TO THE SOUTHEAS CORNER THE OF; THENCE SOUTH 890 52' EAST,
64.65 FEET TO THE SOUTHWEST CORN OF THE PROPER CONVEYED TO ADDISON B. WOOD
ET UX., BY DEED DATED MARCH 27, 1 52 AND RECORDED AP L 1, 1952 IN BOOK 651, PAGE
572 OF OFFICIAL RECORDS. THENC NORTH O° 08' EAST ALON THE WESTERLY LINE OF THE
PROPERTY CONVEYED 100 FEET T THE NORTHWEST CORNER TH EOF; THENSE SOUTH 890
52' EAST ALONG THE
NORTHERLY INE Or •THE PROPERTY CONVEYED WOOD, AS AFORESAID,
75 FEET TO THE EASTERLY LIN OF CIENEGA ROAD (NOW HALCYON RO �, THENCE NORTH 00
08' EAST ALONG SAID EASTE Y LINE 100 FEET TO THE POINT OF BEGINNIN
EXCEPTING THEREFROM HAT PORTION OF SAID LAND IN DEED TO THE Criz OF ARROYO
GRANDE, RECORDED N , EMBER 25,1964 IN BOOK 1325, PAGE 698 OF OFFICIAL CORDS.
END OF DOCUPAENT
STATE OF CALIFORNIA }
} ss.
COUNTY OF SAN LUIS OBISPO }
On July 16, 2014, before me, L. A. BERTRAND, a Notary Public, personally appeared SCOTT SMITH, who proved to
me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and
acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his /her /their
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
Notary Name: L. A. BERTRAND
Commission Expiration Date: 9 -16 -2017
SOS Vision Fort SAS03CA Rev 06/23/99
L. A. BERTRAND
Commission # 2038021
Z :-�+ Notary Public - California z
Z San Luis Obispo County
My Comm. Ex ires Se 16, 2017
CALIFORNIA • ACKNOWLEDGMENT
.— .1 ........ �
State of California
County of 519M La; 5 t!:9161 �� D
On D 7-- /&P — Iy before me, n)A&nL/ Audi / G ,
Date Here Insert Narnifand Title of the Officer
personally appeared
KITTY NORTON
Commission # 1924921
Notary Public - California
San Luis Obispo Cognty -
M Comm. es Mu 9.2015
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(@) whose name(o is /af&subscribed to the
within instrument and acknowledged to me that
he /sf @AW;Iy executed the same in his /heAHeirr authorized
capacity(4@0, and that by his /ho0gi6r signature(e)'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
ignature of Notary Public
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 Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ Ger
❑ Attorney in Fact
❑ Trustee- -
❑ Guardian or Conse
❑ Other: i
Signer Is
RIGHTTHUMBPRINT
OF SIGNER
of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
n D +nor — r7 I imi +o.d n r_ener
❑ Attorney in Fact -
❑ Trustee -
El Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
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EXHIBIT "A"
LEGAL DESCRIPTION OF SITE
PARCEL 1 AT 224 S. HALCYON ROAD
ALL THAT CERTAIN PROPERTY SITUATED IN THE CITY OF ARROYO GRANDE,
COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, DESCRIBED AS - --
-- -
--FOLLOWS--.- - -- - -- - - __ - - - ---
: - -- - --
THAT PORTION OF LOT 106 OF THE SUBDIVISION OF RANCHOSE CORRAL DE PIEDRA, PISMO
AND BOLSA DE CHEMISAL, IN THE CITY OF ARROYO GRANDE, IN THE COUNTY OF SAN LUIS
OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP FILED FOR RECORD IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS-
BEGINNING AT A POINT ON THE WESTERLY LINE OF CIENEGA ROAD (NOW HALCYON ROAD)
DISTANT THEREON SOUTH 0 008' WEST, 57.5 FEET FROM STAKE S.4 AS SHOWN ON MAP OF
FOLSOM TRACT FILED FOR RECORD SEPTEMBER 26, 1891, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY; THENCE NORTH 89 °52' WEST, 239.65 FEET TO THE WEST LINE
OF THE PROPERTY CONVEYED TO ADDISON B. WOOD, ET UX., BY DEED DATED MAY 2, 1960
AND RECORDED MAY 18, 1950 IN BOOK 565, PAGE 86 OF OFFICIAL RECORDS; THENCE SOUTH
0 °08' WEST ALONG THE WESTERLY LINE OF THE PROPERTY SO CONVEYED 100 FEET TO THE
NORTHWEST CORNER OF THE PROPERTY CONVEYED TO JAMES BROWN, ET UX., BY DEED
DATED AUGUST 7, 1951 AND RECORDED AUGUST 21, 1951 IN BOOK 623, PAGE 186 OF OFFICIAL
RECORDS; THENCE NORTH 89 142' EAST ALONG THE NORTHERLY LINE OF THE PROPERTY SO
CONVEYED 100 FEET TO THE NORTHEAST CORNER THEREOF; THENCE SOUTH 0 008' WEST
ALONG THE EASTERLY LINE OF THE PROPERTY CONVEYED TO BROWN, AS AFORESAID, 100
FEET TO THE SOUTHEAST CORNER THEREOF; THENCE SOUTH 89 052' EAST, 64.65 FEET TO
THE SOUTHWEST CORNER OF THE PROPERTY CONVEYED TO ADDISON B WOOD, ET UX., BY
DEED DATED MARCH 27, 1952 AND RECORDED APRIL 1, 1952 IN BOOK 651, PAGE 572 OF
OFFICIAL RECORDS, THENCE NORTH 0 °08' EAST ALONG THE WESTERLY LINE OF THE
PROPERTY CONVEYED 100 FEET TO THE NORTHWEST CORNER THEREOF; THENCE SOUTH
89 052' EAST ALONG THE NORTHERLY LINE OF THE PROPERTY CONVEYED TO WOOD, AS AFORESAID,
75 FEET TO THE EASTERLY LINE OF CIENEGA ROAD (NOW HALCYON ROAD); THENCE NORTH 0 008'
EAST ALONG SAID EASTERLY LINE 100 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION OF SAID LAND IN DEED TO THE CITY OF ARROYO GRANDE,
RECORDED NOVEMBER 25, 1964 IN BOOK 1325, PAGE 698 OF OFFICIAL RECORDS.
APN: 077 - 201 -012
END OF DOCUMENT
END OF DOCUMENT