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HomeMy WebLinkAboutRemoval of Affordable Housing Agreement Deed Restriction on APN 077-181-021 t t JULIE RODEWALD DG r IFt r ° San Luis Obispo County— CIerWRecorder 11/12/2010 Recorded at the request of 3:22 PM First American Title Company RECORDING REQUESTED BY: City of Arroyo Grande D o c # : 2010057338 Titles: 1 Pages: 3 Fees Taxes C ty of Arroyo Grande AIL TO: I III IIIII 1011111111111 Others 0.00 ttn: Kelly Wetmore, City Clerk PAID $0.00 14 East Branch Street P.O. Box 550 Arroyo Grande, CA 93421 Space above reserved for use of County Recorder I 36y-3 Erg —KA REMOVAL OF AFFORDABLE HOUSING AGREEMENT DEED RESTRICTIONS ON APN 077- 181 -021 Any capitalized term not defined herein shall have the meaning attributed to it in the Affordable Housing Agreement Discussed herein. RECITALS WHEREAS, pursuant to the Affordable Housing Ordinance (Ordinance No. 514 C.S.), Chapter 16.80 of the Arroyo Grande Municipal Code, and the Affordable Housing Agreement dated March 8, 2005 by and between the CITY OF ARROYO GRANDE, a municipal corporation (the "City "), and Mal -Hun, LLC, a Limited Liability Company, certain restrictions on transfer were placed on real property that is described in the attached Exhibit A (the "Property "); and WHEREAS, the Property was initially designated as a moderate - income unit; and WHEREAS, pursuant to the Affordable Housing Agreement, bona fide good faith marketing efforts to sell the Property as a moderate - income unit have been expressly waived by the City; and WHEREAS, the City elected not to exercise its option to purchase the Property; and WHEREAS, pursuant to the City's election, the Property may be sold on the open housing market to a Market Purchaser, unencumbered with the Eligible Purchaser restrictions contained in the Affordable Housing Agreement; and WHEREAS, upon a the sale to a Market Purchaser, any and all deed restrictions created by the Affordable Housing Agreement are extinguished; NOW THEREFORE, City hereby extinguishes any and all restrictions created by the Affordable Housing Agreement currently encumbering the Property and rescinds the Affordable Housing Agreement in its entirety as it applies to the Property. Specifically, this document shall extinguish any and all rights the City has in the Property under the following document: 1. Affordable Housing Agreement March 8, 2005 by and between the CITY OF ARROYO GRANDE, a municipal corporation (the "City "), and Hal -Mun, LLC, a Limited Liability Company; IN WITNESS WHEREOF, the party hereto has executed this document on this 40 of I?0 /a Air , 2010. City of Arroyo Grande Steven Adams, City Manager State of California ) County of 54 Zais 44iyo ) ) �/ ) / On ii //O , 2010 before me, /r, i 7 8. nO,7 .-,., , Notary Public, personally appeared 5-l(y 4 d who proved to me on the basis of satisfactory evidence to be the person(e) whose name is /ate subscribed to the within instrument and acknowledged to me that he /eke/they executed the same in hisavaltheir authorized capacities and that hisplerkheir signature(s)-on the instrument the person(sj'or the entity upon behalf of which the persona} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California the foregoing paragraph is true and correct. WITNESS my hand and official seal. _ Signature Xj / . Li..J (SEAL) li S. N RTON t r Commission • 1729916 • • Z • Naar Public • California \: _ i ta, ar. Obispo couar - 1iMC•mip•NMQ9,2011 • EXHIBIT A Legal Description Lot 6 of Tract 2532, in the City of Arroyo Grande, County of San Luis Obispo, State of California, according to map recorded March 23, 2005 in Book 25, Pages 80 through 82 of Maps. APN: 077 - 181 -021 END OF DOCUMENT