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Home My WebLink AboutAssignment and Assumption Agreement ' **This document was electronically submitted to San Luis Obispo County for recording** 2020031887 RECORDING REQUESTED BY: Toman my Obispo-County Clerk Recorder Fidelity National Title Company 06/26/2020 02:05 PM Escrow Order No.: FSLC-0152000293 Recorded at the request of FNT SANTA MARIA ESCROW COST When Recorded Mail Document and Tax Titles: 1 Pages:7 Statement To: Taxes:$32.00 0 00 Total: $32.00 City of Arroyo Grande 300 E. Branch Street Arroyo Grande, CA 93420 ATTN: City Clerk APN/Parcel ID(s): 077-255-067 SPACE ABOVE THIS LINE FOR RECORDERS USE The undersigned declares exemption under the following: Exempt from fee per GC 27388.1 (a)(2);recorded in connection with a transfer subject to the imposition of documentary transfer tax. Assignment and Assumption Agreement THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) Recording Document Cover Page Printed: 06.24.20 @ 04:26 PM SCA0000079.doc/Updated: 02.11.20 Page 1 CA-FT-FSLC-01500.073015-FSLC-0152000293 r y RECORDING REQUESTED BY: Fidelity National Title Company Escrow Order No.: FSLC-0152000293 When Recorded Mail Document and Tax Statement To: City of Arroyo Grande 300 E. Branch Street Arroyo Grande, CA 93420 ATTN: City Clerk APN/Parcel ID(s): 077-255-067 SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned declares exemption under the following: Exempt from fee per GC 27388.1 (a)(2);recorded in connection with a transfer subject to the imposition of documentary transfer tax. Assignment and Assumption Agreement THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) Recording Document Cover Page Printed: 06.24.20 @ 04:26 PM SCA0000079.doc/Updated: 02.11.20 Page 1 CA-FT-FSLC-01500.073015-FSLC-0152000293 Recording Requested By And When Recorded Mail To: City of Arroyo Grande 300 East Branch Street Arroyo Grande, CA 93420 Attn: City Clerk (Space above for Recorder's use) (Exempt from Recording Fee Per Gov. Code§6103 and 27383) ASSIGNMENT AND ASSUMPTION AGREEMENT This Assignment and Assumption Agreement ("Agreement"), is made as of HP X2-0 (the "Effective Date"), by and among the CITY OF ARROYO GRANDE, a California municipal corporation ("City"), MARIO CARRILHO, AS SURVIVING SPOUSE ("Assignor"), and JONATHAN D. CRAWLEY, II AND HALEY R. CRAWLEY, HUSBAND AND WIFE AS COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP ("Assignee"). WITNESSETH: A. Assignor is the owner in fee of that certain real property located in the City of Arroyo Grande, County of San Luis Obispo, State of California described in Exhibit "A" attached hereto and made a part hereof(the "Property"). B. City and the Assignor and his deceased spouse entered into that certain Buyer's Occupancy and Resale Agreement with Option to Purchase, which was recorded on September 28, 2007, in the Official Records of the County of San Luis Obispo ("Official Records"), as Instrument No.2007065024 (the "Buyer's Occupancy and Resale Agreement"). The Buyer's Occupancy and Resale Agreement restricts the Property, for a period of thirty (30) years, to ownership and occupancy by an income-qualified household, and requires that the sales price of the Property be consistent with the then-current City Affordable Housing Standards. By its terms the Original Affordable Housing Agreement runs with the land and is binding on successor owners of the Property. C. To secure repayment and performance under the Buyer's Occupancy and Resale Agreement, Assignor and his deceased spouse executed that certain Deed of Trust and Security Agreement, which was recorded in the Official Records on September 28, 2007, as Instrument No. 2007065025 (the "Deed of Trust"). F. Assignee is acquiring the Property from Assignor and has met all of City's requirements to qualify therefor. G. City will consent to such acquisition provided that Assignee assumes the obligations of Assignor under the Buyer's Occupancy and Resale Agreement(which incorporates 882/029456-0003 13204937 1 a06/12/20 1 by reference the terms and provisions of the original Affordable Housing Agreement entered into by the Developer and recorded in the Official Records on September 28, 2006, as Instrument No. 2006068944), and the Deed of Trust (collectively, the "City Documents") as set forth in this Agreement. NOW THEREFORE, in consideration of the foregoing Recitals, which are incorporated herein by this reference, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, City, Assignor and Assignee hereby agree as follows: 1. Assignment by Assignor. As of the Effective Date,Assignor assigns all of its rights and obligations under the City Documents to Assignee. 2. Assumption by Assignee. As of the Effective Date,Assignee assumes and agrees to be bound by the City Documents. Assignee shall fully and faithfully pay, perform and discharge, as and when payment, performance and discharge are due, all of the obligations of Assignor under the City Documents, and each of them. 3. Consent by City. As of the Effective Date, City consents to the transfer of the Property by Assignor to Assignee. Such consent by City shall not constitute a consent to any further or subsequent sale, conveyance or transfer by Assignee of the Property, or any part thereof, or any interest therein. 4. Entire Agreement. This Agreement contains the entire agreement among City, Assignor and Assignee with respect to the subject matter hereof and supersedes all prior agreements, understandings, offers and negotiations, oral or written, with respect thereto. This Agreement shall bind and inure to the benefit of City, Assignor and Assignee and their respective personal representatives, heirs, successors and assigns. This Agreement shall be governed and construed in accordance with the laws of the State of California. 5. Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original but all of which together shall constitute but one and the same instrument. IN WITNESS WHEREOF, City, Assignor and Assignee have executed this Agreement as of the date first hereinabove written. "City" CITY OF ARROYO GRANDE, a California municipal corporation By: 0.q�t'i Bill Robeson, cting City Manager 2 .l , "Assignor" "Assignee" MARIO CARRILHO, SURVIVING SPOUSE: JONATHAN D. CRAWLEY, II AND HALEY R. CRAWLEY, HUSBAND AND WIFE AS COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP: BY: BY: r /�✓ fL/ Mario Carrilho Jonathan D. Crawley, II BY' l.L✓ aley R. awley 3 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 a,yt�-1a..�Xl County of Sen-L-itis-Gbispo' p.43 ) On OLVle Co , 2020 , before me, C2--aa tic -CC-h1:u -k (insert name and title of the officer) Notary Public, personally appeared JOrcLkirvF r ID- crraLtO1eL1i I I who proved to me on the basis of satisfactory evidence to be the person(s)whose n me(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. �5t.,>",,ye RACHEL BUCHAN a' Notary Public •-California WITNESS my hand and official seal. ..05;: Santa Barbara County ��" /'° Commission N 2303225 c "� My Comm.Expires Sep 23,2023 Signature V600T)— 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 eC-u� L�� On ��.n e ��a �a , before me, (insert name and title of the officer) Notary Public, personally appeared \-k®k,.� ?- c..V&U) 0 who proved to me on the basis of satisfactory evidence be the person(s)whos me(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 40,014.14....b..14.1tAL------Si (Seal) 9 RACHEL BUCHAN _ Notary Public-California Y: ' i, Santa Barbara County Commission#2303225 (iip0.N My Comm.Expires Sep 23,2023 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 San Luis Obispo ) rr -- 11 On (1J I t(Q ISO ?-O , before me, g W e.77Vlo1 E (insert name and title of the officer) Notary Public, personally appeared 6!LC Roe est44 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. KELLY WETMORE WITNESS m hand and official seal < NotaryPublic-California - San Luis Obispo County > Liqiy� Commission#2181303 My Comm.Expires Feb 21,2021 Signature ( ea 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 S ) County of s ) On JUIN 19, 1 g 2.0v , before me, i CA iha/!� in ert name nd title of the officer) Notary Public, personally appeared Mato 0 tV rI o 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. jZothitspiftSignature (Seal) ;' � ;. RACHEL B to uCH z - --'=� Nsan a public-California ;Tr,'" my�` Cemmissaobara County � My Comm n 2303225 Expires SeP 23,2023 EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: LOTS 66 OF TRACT NO. 2310-2, IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO THE MAP RECORDED MAY 23, 2006 IN BOOK 28, PAGE 45 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 4