HomeMy WebLinkAbout2023 CON KD Cove LLC - Affordable Housing Densite Bonus Agreement 200 E. 31st Street-4- 0
PLEASE COMPLETE THIS INFORMATION,
R.ERD1` REQUESTED BY:
CITY OF NATIONAL CITY
AND WHEN RECORDPD MAIL
CITY OF NATIONAL CITY
OFFICE OF THE CITY CLERK
1243 ation l City Biv .
National City, CA- 1 50
Affordable...
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DOC# 2O23O351387 •
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Doc 22, 2023 10:32 AM
OFFICIAL RECORDS
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SAN DIEGOCOUNTY RECORDER
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2Q0 E 1 31st Street
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TION
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9195
Ree,Form #R25
0
{
No Fees per Government Code 6103
RECORDING REQUESTED BY: j
National City Housing Authority ]
WHEN RECORDED MAIL TO:
National City Housing Authority
Attention: Executive Director
for
1243 National City Boulevard
National City, CA 91950
APN562-252-45-00
AFFORDABLE HOUSING DENSITY BONUS AGREEMENT
(200 E 31St Street)
THIS AFFORDABLE HOUSING DENSITY BONUS AGREEMENT ("Agreement") is
dated as of the day of _ 2023, by and between the City f National City
and KD Cove, 1,1,C,
a California limited liability company ("Developer").
WHEREAS, Developer is tie owner of that certain real property en rall located at 200
31 Street, in the City of National City, County ofSanDiego, more particularly describe. i
Exhibit "A" attached hereto("Property"); and
WHEREAS, Develop6r has applied to the City for a density bonus pursuant to Govermhent
Code section 65915, and Sections 18.48.030, et seq. of the National City Municipal. Code,
provided, however, the Developer independently and of its own free will chose not to increase the
density of the Development to be built at the Property. Rather, the Developer is electing too l
y
take one incentive (as defined in Government Code Section I and Sections 18.48.040 of the
National City Municipal Code) in exchange for providing the Affordable Units, as e e below;
and
WHEREAS, Developer proposes to develop a total of nx c -two housing units on the
Property ("Development") and restrict the rent and occupancy of residential dwelling units
("AffordableUnit(s)") to very low -,income households in exchange for the one incentive. The
Affordable Units shall consist of two studio 9 and 493 square feet respectively), two (2)
one bedroom units (634 and 644 square feet respectively) and one two bedroom pit 4
square feet). The initial Affordable Units are to be Units 2 0-1 3, 2 -1 2 -2 210-101 and
21 -10 , However, the Affordable Units may be moved within the development so l o n as the
its have similar finishes and are of similar size, as needed; and
WHEREAS, This Agreement will serve to memorialize Developer's obligation to provide
the Affordable Units, the time frame for the construction and occupancy of the Affordable Units
and the restriction of the Affordable Units by the recordation of this Agreement assuring
affordability fifty-five
for a total f years measured from the of nal inspection
approval for the Development.
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NOW, THEREFORE, in consideration of the foregoing and of the mutual terms and
covenants hereinafter set forth and other good and valuable consideration the City and Developer
agree as follows:
1. Acknowledgement off'_. Incentives. Developer acknowledges and agrees that, the
Development is entitled to and is receiving one (1) incentive pursuant to and in accordance with
Government Code 65915,
2. £Jovennts. Pursuant to and in consideration of the incentive, Developer hereby
agrees and covenants on behalf of itself and its successors and assigns, and each successor in
interest to the Property, that at all times during the term of this Agreement the two studios two
one bedroom units and one 1 two bedroom unit shall be reale.d and occupied as the Affordable
Units as set forth in this Agreement.
3. Affordabilit _Xpgrietion4.
(a) Area Median Income, As used herein, "Area Median Income" shall mean the area
median income, as adjusted for family size, for San Diego County, established periodically by the
California Department t of Housing and Community Development (" CD") and published in the
California Code of Regulations. In the event HCD ceases to publish an established Area Median
Income as aforesaid, the City may, in its sole discretion, use any other reasonably comparable
method of computing Area Median Income,
(b) OcDuring the term of this Agreement, each of the Affordable
Units shall be occupied by a household whose income does not exceed the very low income limits
applicable to San Diego County, adjusted for household size, as published annually HCD
y by
earning at or below fifty percent (50%) of the Area Median Income.
(c) Rent Amount, During the term of this Agreement, the monthly rental rate for the
Affordable Units (which shall include a utility allowance based on the utility .11 wance schedules
published annually by the National City Housing Authority) shall not exceed 1/12 of thirty ercent
(30%) of fifty percent (50%) of the Area Median Income, as adjusted for assumed household size
and utilities. The imputed household size for the Affordable Unit shall be equal to the number of
bedrooms in the unit plus one. For example, the rent for the studio Affordable Unit shall be
calculated using fifty percept (50%) of the Area Median Income it a 1-person household,
4. Restrictions. The following restrictions shall also be applicable to the Affordable Unit:
a No Relationship With Developers. The Affordable Units shall not be occupied or
leased to Developer or any relative (by blood or marriage) of Developer or any person employed
by Developer or of any individuals who are members, principals, executives, directors, partners,
or shareholders of Developer or in any entity having an ownership in Developer or in the Property.
(11) No Full -Time Students. The Affordable Units shall not be occupied or leased to
any household comprised exclusively of persons who are full-time students, unless such persons
2
are eligible to file a joint federal income tax return and all such persons reside in the Affordable
Unit. The term "full-time student" shall be defined as any person who will be or has been a full-
time student during five calendar months of the calendar year in question . at an educational
institution (other than a correspondence school) with regular faculty and students.
(o) No Student Depended. Notwithstanding the provisions of section b , the
Affordable Units shall not be occupied or leased to any student dependents defined in the U.S.
Internal Revenue Code, unless the taxpayer (upon whom the student in question is dependent)
resides in the same unit.
(d) No Ownersof Real Property. The Affordable Units shall not be occupied or leased
to any person or any household comprised of one or more persons who own real property.
(e) i uid Asset Limitation. The Affordable Units shall not be occupied or leased to
any person or household holding, directly or indirectly, liquid assets whose aggregate value
exceeds, at the time of deterrnination of eligibility, eighty percent (80%) of the then -current annual
Area Median Inco .e. As used herein, the term "liquid assets" refers to cash and assets which are
readily convertible to cash within a reasonable period, including but not limited to savings and
checking accounts, certificates of deposit of any term, marketable securities, money market and
similar accounts, mutual fund shares, and insurance policy cash values. The term "liquid assets"
shall not include retirement funds which are not readily accessible or which cannot be accessed
the tenant without the tenant incurring a penalty.
(f) Income of . Co -Tenants,, The income of all co -tenants and/or occupants shall be
taken into account in determining whether a tenant or prospective tenant meets the tequirements
of this Agreement,
(g) Eligible Tenants Increased Income. If as a result of the annual. recertification
procedure described in Section 7 below, any household which was previously determined to be
eligible to occupy the Affordable rrdable Unit is determined to have income in excess of the limit set fob
in Section , above, that household will continue to be eligible to occupy the Affordable Unit,
but shall commence paying rent equivalent to thirty percent (30%) of the household's income and
Developer shall pay to the City an amount equal the differencebetween the actual amount of rent
paid by the household and the maximum amount of rent for the unit as set forth in Section ,
above. Notwithstanding the foregoing, if as result of the -at ua.l recertification procedure
described in Section 7 below, a household's income is determined to be in excess of 120% of the
Area Median Income, then the Developer shall take all reasonable steps to pursue eviction of the
household.
. Term, Pursuant to . Government Code Section 65915, this Agreement shall be effective
on the date of its recordation and shall remain in force until the date that is fifty-five years
from the date of issuance of final inspectioq approval of the Development by the City.
Deed of Trust.
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(a) .,.a4d. Recordation. Developer shall, concwrently with the execution of
this Agreement, execute, acknowledge and record a deed of trust on the Property ensuringtimely
performance of inthe obligtions set forththis Agreement of Trust"). The Deed of Trust
shall be subordinated to the construction deed(s) of trust and/or permanent financing in
institutional lenders, The subordination shall be upon such terms and conditions and for such
periods of time as the City Manager may approve to protect the provision of affordable housing
required by this Agreement. 'h City shall reconvey the Deed of Trust following the expiration
of the term of this Agreement.
(b) Foreclosure on theProperty. In the event of a foreclosure on the Property which
eliminates the Deed of Trust, the new owner, upon five days' written notice from the City,
shall: (i) execute, acknowledge, and deliver to the City an assignment and assumption of
Agreement in a form as approved by the City, in its reasonable discretion, for recordation; and (ii)
execute, acknowledge, and deliver to the City a deed of trust, in a form as approved by the City,
in its reasonable discretion, to be recorded against the Property, in a lien ppriority immediately
junior to the assignment and assumption of this Agreement which will secure the performance of
this .ree .ent ; and WO reimburse the City for all of its attorneys' fees and costs in connection
with the foregoing, including all costs, attorneys' fees, and expert witnesses fees incurred by the
City in obtaining compliance by the new owner, including those incurred in litigation, if any.
, Verification of f i ill , The Affordable Units shall note rented to a prospective tenant
or occupied by any person unless and until the City, trough its designated staff, has verified that
the prospective tenant or occupant is eligible and that affordable rents will be charged in
accordance with, the criteria set forth in this Agreement. Developer andlor its successor in interest
shall enure that all eligibility andrent criteria are met during the term of the Agreement
cnt.
Annually, on the anniversary of the initial certification of compliance, as determined by the '
during the term of this Agreement, Developer or its successor in interest shall certifyCity
tothe City
that the Affordable Units are being occupied by eligible tenants, Said certification shall
beon
forms acceptable to the City.
. Matena. Standards, Duringthe term of this Agreement,
._. � ,�. --.. ee�x�ent� Developer shall maintain the
Affordable Units and the Property in a condition that satisfies the more stringent o
(a)the
requirements of the applicable local codes or b the United States Department of osin and
Urban Development's Uniform Physical Conditions Standards, The City. shall have the right to
inspect the Affordable Units and the Property prior to initial occupancy and periodically during
the term of this Agreement, upon three business days' notice to Developer. The City shall
the right to disclose results of those inspections to the appropriate enforcement authorities. � Mies.Any
deficiencies in the physical condition of the Affordable Units shall be corrected by e
l open at
Developer's expense within thirty 0 days of the identification of such deficiency by the City
and delivery of' written notice ofthe same to Developer. Failure to correct anydeficiencies'
receipt inafter
proper notice compliance with this section shall constitute a breach of this reernent
and subject the Developer to damages as set forth in Section 13 of ` this Agreement.
9. Iritmretation and. Construction, If any provision of this Agreement or the application
thereof to any person or circumstance is found to be invalid,the remainder of the
provisions of
this Agreement and the application of such provisions to persons or circumstances,other than those
1
4
as to whi,ch it is found to be invalid, shall not be affected thereby. Nothing contained herein shall
be deemed compliance with or waiver of any provision of law or conditions of approval except as
expressly stated herein,
10. sib,,, Constmotion and ee a py Schedulefor the Affordable `ordable Units. The Affordable
Units shall receive final inspection appr oval no later than the ate . d_.�
that the market -rate units receive
final inspection and approval. Time is of the essence in the occupancy of the Affordable Jnits.
The City Manager 'may, in his or her sole discretion, extend one or more time deadlines for
performance as referenced in this Agreement for good cause,
11. Indemnity. Developer agrees to indemnify, defend and hold harmless the City, the
National City Housing Authority, and any and all of their respective councilmembers,
commissioners, members, officers, agents, servants, and employees the "In e uitees" from and,
against all claims, liens, claims of lien, losses, damages, costs, and expenses, whether direct or
indirect, arising in any way from this Agreement, including the construction, sale, rental, or
operation of the Development, the Property, aor any of the units, or from the default by
Developer in the performance of its obligations under this Agreement; provided, however, that
Developer shall not be required to indemnify, defend, or hold harmless any of the Inclemnitees
from claims, losses, damages, costs, and expenses related to the sole negligence or willful
misconduct of the I .denmit es.
12. Agreement Binding on Successors. The terms, covenants and conditions this Agreement
shall apply to, and shall bind the parties hereto and any successors or assignees. Developer shall
not sell, transfer, or otherlise dispose of the Property, any .portion thereof; or any interest therein
unless the proposed transferee shall have executed and delivered to the City an express written
assumption of all of Developer's obligations under this Agreement, on a form reasonably
acceptable to the City. Upon assignment and assumption by a successor entity, as approved by the
City, Developer shall be released from all prospective liability and responsibility under the terms
of this. Agreement. Developer agrees that all of its obligations hereunder shall constitute
covenants, which shall run with the land and shall be binding upon the Property and upon every
person having any interest therein at any time and from time to time during the term of this
AgAgreement. ' rther, Developer agrees that, if a court of competent jurisdiction determines that
the obligations set forth herein do not qualify as covenants running with the land, they shall be
enforced as equitable servitudes. Any sale or conveyance of the Property shall be made subject to
this Agreement.
13. Damam; nfor e nt Remedies; Sep. ,.
(a) S tanl jn . ita le Remediesedips Cumulative. Developer expressly agrees
and declares that the City shall be the proper party to, and shall have standing to, initiate and pursue
any and all. actions or proceedings, at law or in equity, to enforce the provisions hereof and/or to
recover damages for any event that is expressly stated to be a material default hereunder and which
event remains uncured following sixty days' written notice to Developer from the Cityup
to one hundred twenty (120) days after notice, if actions to correct the material default have been
timely initiated and are, in the reasonable opinion. of the City, being diligently pursued),
notwithstanding the fact that such damages or the detriment arising from such a material default
5
that remains uncured as aforesaid may have actually been suffered by some other person or by the
public at large, Further, Developer expressly agrees that injunctive relief and specific performance
are proper pre-trial and/or post -trial remedies hereunder to assure compliance with this Agreement.
Nothing in this Section and no recovery by the City shall restrict or limit the rights or remedies of
persons or entities other than the City, against Developer in connection with the same or related
acts by Developer, provided that Developer shall not be subject to duplicate awards or recoveries.
The remedies set forth in this Section are cumulative and not mutually exclusive, except to the
extent that their award is specifically determined to be duplicative by final order of a court of
competent jurisdiction. Further, the award of damages hereunder shall not bar the exercise of
police power or other governmental powers, or the pursuit of criminal, civil, or administrative
penalties by the City in connection with any material default under this Agreement that remains
uncured as aforesaid. Developer acknowledges that a material default under this Agreement that
remains uncured may constitute a violation of state law.
(b) Rerne dies At Law For Breach Of Rental Restrictions,. In theevent of any material
default under the provisions hereof that remains uncured following thirty 0 days' written notice
to Developer from the City (or up to one hundred eighty (180) days after notice, if actions to correct
the material default have been timely initiated and are, in the reasonable opinion of the City, being
diligently pursued) regarding restrictions on rental of the Affordable Units, at the sole option of
the City, the City shall be entitled to the following remedies at law to the extent they are not
duplicative, the election of which shall not be required and may be revoked and/or modified until
immediately prior to entry of judgment:
(1) P.Damages For Seci"i. Breach.. The City shall be entitled to recover
compensatory damages, at its sole option in the event of a material uncured default under the terms
of this Agreement. lent. If the material uncured default in que0.on involves the violation of Section
13(b) above, the amount of such compensatory damages shall be the product of multiplying (A)
the number of months that the material uncured default in question has continued until the time of
trial or pure, whichever occurs first, by the result of subtracting (i) the rents properly chargeable
her under for the Affordable Unit(s) the rents actually collected by. Developer for the
Affordable .t for the months in question, as reasonably determined, by the City. Developer
and the City . agree that it would be extremely difficult or impracticable to ascertain the precise
amount of actual damages accruing to the City as a result of such a material uneured default and
that the foregoing formula is a fair and reasonable method of approximating such damages. The
City shall be entitled to seek and to recover damages in separate actions for successive, separate
breaches, which may occur during the term of this Agreement Further, interest shall accrue on
the 'amount of such damages from the date of the expiration of Developer's cure period for the
material uncured breach in question at the rate of ten percent 1 % per annum or the maAmum
rate then allowed by law, whichever is less. Nothing in this section shall preclude the award of
exemplary damages as allowed by law.
(2) Acceleration and Lifluidation of Future Perfo,nae..t the sole option of
the City, if any material default by Developer in the performance of its obligations under this
Agreement remains uncured for more than ninety days after written notice to Developer by
the City specifying such breach in reasonable detail (or such longer period of time, not to exceed
six months, as may reasonably be required for Developer to cure such breach exercising
6
I
reasonable diligence), Developer's obligation to perform hereunder may be accelerated by the City
and declared immediately due through the payment of a liquidated SUM. Developer and the City
agree that it would be extremely difficult and impractical to predict the precise cost to the City of
(i) locating a rental unit equivalent to the Affordable Unit,(ii)procuringsuch unit(through
purchase, lease, or subsidies) at the rent discounts contemplated herein, Oil) performingthe
substantial administrative activities associated with replacing the Affordable Unit, and (iv)
inflation. Therefore, Developer and the City agree that, in the event of a material default hereunder
by Developer that remains uncured as aforesaid, and upon written notice from the City to
Developer that the City has elected to exercise its option to accelerate and liquidate Developer's
performance hereunder in accordance with the provisions of this Section 13 Developer shall
pay, and the City shall be entitled to receive, within thirty 0 days of the City's delivery of such
written notice, in complete liquidation of the City's future monetarymo.netary damages and Developer's
future obligations under this Agreement, a lump sum payment equal to: (A) the mathematical
differences between the monthly rent for a "Comparable Market Rate Unit" (as determined by the
City, using statistical data for units of the same size and location at the time of the breach) and the
monthly rent allowable hereunder for the Affordable Unit(s), at the date of delivery of the aforesaid
written notice of election to accelerate, multiplied by the number of months remaining in the
term of this Agreement, from and aver the date of delivery of the aforesaid written notice of
election to accelerate. Developer and the City agree that acceleration is- a fair and reasonable
remedy for non-compliance hereunder, and that the foregoing formula represents a fair and
reasonable method of approximating and liquidating the future monetary etar obligations of Developer
to the City hereunder for purposes of any such optional acceleration by the City. Further, such
liquidated amount shall automatically commence to bear interest at the rate of ten percent (10%)
per annum or the maximum rate then allowed by law, whichever is less, from and after the date
that the City delivers to Developer the aforesaid written notice of the City' election to accelerate
Developer's performance hereunder, until paid. Further, if Developer breaches this Section
13 b 2 , the City skull be entitled to receive all reasonable attorneys' fees, costs of suit, title
insurance charges, foreclosure costs, and other out-of-pocket expenses reasonably incurred in
recovering such liquidated amount,
14, Monitorgees. Developer shall pay to the City, each year during the term of this
Agreement, an annual monitoring fee, as determined by the City in schedules promulgated by the
City from time to time, Failure to timely pay such fees shall constitute a material default under
this Agreement.
15. General Provfsions.
(a) Weer,. No provision of this Agreement, or breach of aro isio can be waived
except in writing. The waiver by any party of any breach or violation of any -term, covenant, or
condition of this Agreement or of any provisions, ordinance or law, shall not be deemed to be a
waiver of any other term, covenant,' c nditi ., ordinance, or law or any subsequent breach or
violation of the same or of any other term, covenant, condition, ordinance, or law,
(b) Costs and Attorne ' Fees, The prevailing patty in any brought brow t to enforce
the terms of this Agreement or arising out of thiAgreement may recover its reasonable costs and
7
witness, expert, and attorney's fees expended in connection with such an action from the other
ply.
(c) Recordation. This Agreement shall be recorded in the .Office of County
Recorder of the County of San Diego senior to all monetary liens,. City shall not be obligated to
issues permits prior to such delivery and recordation of this Agreement.
(d) integration. The undersigned, and each of them, acknowledge and represent that.
no promise or inducement not expressed in this Agreement has been made in connection with this
Agreement. This Agreement contains the entire agreement and understanding between the parties
as to its subject matter.
(e) wnersh e Property. Developer represents and warrants that it is the ovvner
of the Property and has full authority to execute this Agreement.
(f) .Cou .t pap its. This Agreement may be executed in any number of counterparts and,
as so executed, the counterparts shall constitute one and the same Agreement. The parties agree
that each such counterpart is an original and shall be binding upon all the parties, even though all
of the parties are not signatories to the same counterpart,
. Notices. All notices given pursuant to this Agreement shall be writing and sent
to the party. at its address appearing below by certified or registered U.S. mail, return receipt
requested, (b) overnight by a nationally recognized overnight courier such as UPS Overnight or
FedEx, or (c) by personal delivery. All notices shall be effective upon receipt (or refusal to accept
delivery). These addresses may be changed by any party by written notice to all other parties.
If to City:
If to Developer:
City of National City
Attention: City Manager
1243 National City Boulevard
National City, CA 91950
KD Cove, LLC
10625 Scripps Ranch Blvd, Suite F
San Diego, CA 92131
(h) Exhibits and Recitals Incor ' orated. All e hil its referred to in this Agreement are
hereby incorporated in this Agreement by this reference, regardless of whether or not the exhibits
axe actually attached to this Agreement. The Recitals to this Agreement are hereby incorporated
in this Agreement ent by this reference.
(i) If Developer does not receive all of the necessary permits and
approvals to construct the Development, Developer and the City agree that this Agreement and the
density bonus granted herein shall be null and void and of no further force and effect and Developer
and the City agree to take all reasonable steps and to execute and cause to be recorded all
documents reasonably necessary to remove this Agreement and the Deed of Trust from the record
chain title to the Property.
S
1 r Risk of Market Conditions. Developer shall beat' sole responsibility ' r developing,
constructing, and marketing the units covered by this Agreement, pursuant to the approvals that
the City has issued for the Development an . the fequiremems containedin this Agreement. The
City h .11 have no obligation to vm nd this Agreement, .n i the Developer shall reimburse . Ci
for administrative costs associated with any modification of this Agreement that shallrequire the
approval a City Council of National City.
17 Sig,nature .Au..thority ll individuals sii , . this Agreement for a party which is
6orporation, limit.ed liability company, partnership or -other legal entity,or signing under a power
of nn or as a trustee, guardian,'conservator, or in any otherlegal capacity, covenant to the
other parry: hereto hh t he or she has the necessary capacity and authority to act for, sign,and bind
the respective ntit or principal on whose:. behalf he h is ig ing
CITY#
City of NaUonai City
By: -
Ben Martinez,Interim i \ Manager
APPROVED S TO FORM:
City Attorney
By:
[SIGNATURES. CONTINUED N FOLLOWING GET
9
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
1�
Jwi
CIVIL CODE § 1189
A notary public r other officer completing this certificate verifies only the identity f the individual who signed the
document o which this certificate is attached, and not the truthfulness, accuracy, or validity of that document,
State of Cailfornia
County .. On AbVefrarYb-0. 20 before me, (0 pi,55&ei /1.4 ctr-C
Date
Her insert Name an
Title the Officer
personally appeared _.����_�°�'(q!f-",��l,�i� .__.
Name(sj of Signer(s)
I
who proved to on th.e basis of satisfactory evidence to the r o n whose name(s) is/are
subscribed to the with.In Instrument and acknowledged to that he/she/they executed the � same rri
his/her/their th rize ity l , and that by his/her/their signature(s) on the instrument the ' . s r7. ,
r ttit y upon behalf of which the
person(s) executed the instrument.
LATOWAY HUS AIi
Notary Public - California San Maio County
CerriMistion # 2430598
My Cailirri, Expires Dec PI 202i
Race Notaty Seal Above
I certifyunder PENALTY OF PERJURY and r the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Si n r
t
of Notaty Public
Though this section Is optional, completing this information can deter alteration of the document or
fraudulent reattachment this form to an unintended document,
Desceiption of Attached Document
Title or Type of Document:
ne: ._.
Document Date:
Number of Pages: Signer Other Than Named Above:
C it I Claimed by Signer(s)
Signer's Name: _... ..... _-_ Si
C=: Corporate Officer - The(s): . - TiCorporate.. Officer Titi
e(s):
Li Partner — LI Limited Li
General EJ Partner — 1_I Limited��r �General
Li Li•individual
w..-1 Attorney i Fact I Individual 1._._I Attorney in Fact
Ti Trustee .. Guardian or Conservator :..::a Trustee Guardian or Conservator
T Other: _ iii Other:
Signer Is Representing: _
Signer Is r t i w �.,,,..._.......,.
020-14 National Notary Assoclatton www.NationalNotary,org • I- 0- US NOTARY
DEVELOPER:
KD Cove, .LLr
Ca[ifornia l.im t+ liability com pn
By::KIRE Homes III, LLC
a California limited liability company
By: Santa Re Family Investments, L.P.
a CaliforniaLimit1 Partnership
Managing Member
By: Santa Re, Ine.
a California Corporation
Its: General artn r
By:
Its: President
ACKNOWLEDGIVIt1NT
A notary public or other officer orn letin this
certificate verifies only the identity of the .
.incliviu 1 who signo-dthe document towhich thl
certificatel.atthched., and not the truthfulne.ss,
accuracy, or validity of th t.d ument..
State of California
County of San Diego
On ,ettp......a_. -before me, . r ro...._.17Y
,,,,,....i,ti
c.„._., notary
'public, personalty appeared \iota
_ , who proved to
me on. the basis: of satisfactory evidence to be the er , .. whose a Ware subscribed to the
within. instrument nd acknowledged to me that he/she/they e; u t d the same in his/her/their
authorized cvacit ie, , and that by hWherftheir signature(s) n the instrument hperson(s), or
the entity upon behalf of which the person(s) e�ecuted.. . t e instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is .i and correct.
WITNESS my hand and official. a. .
Signature
GINA PTL -
Notary Public w California
San Diego CM *
Commission g 2198019
My Comm, Expires Mar 22p 2026
(Seal)
State of California
County of San Diego
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document t to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
2022, before me,
notary
public, personally api)eared „, who proved to
me on the basis of satisfactoryevidence to be the person(s) whose name(s) isiare subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized apa ity i , and that by his/her/their signature(s)on the instrument the rs n s r
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.
WI IN SS my hand and official seal.
Signature (Seal)
12
i
EXHIBIT "A"
Legal Description
THE LAND I EF R ED TO HEREIN BELOW IS SITUATED IN THE CITY OF NATIONAL NAL CITY,
COUNTY OF SAN DIEGO; STATE OF CALIFORNIA1 AND IS DESCRIBED AS FOLLOWS:
PARCELS I AND 2 OF PARCEL MAP NO. 10843, IN THE CITY OF NATIONAL CITY, COUNTY OF
SAN DIE , STATE OF CALIF NIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY! DECEMBER 315 19805 TOGETHER WITH THE WESTERLY 100 FEET OF THE
EASTERLY 197 FEET OF THE NORTHERLY 100 FEET.OF THE WESTERLY HALF OF THE
EASTERLY HALF OF 10 ACRE LOT 85 QUARTER SECTION 152 OF THE RANCHO DE LA NACION, IN
THE CITY or NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIAl'ACCORDING TO
MAP NO. 166y FILED IN THE OFFICE OF THE COUNTY RECORDER I DER F SAN DIEGO COUNTY, MAY
11, 18695 BEING MORE E PARTICULARLY LY DESCRIED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY THEASTEI LY 1 NE1 F PARCEL 2 OF SAID PARCEL MAP NO. 10843;
THENCE ALONG THE EASTERLY LIT OF SAID PARCEL 2, SOUTH 1 ° ! " EAST 310.17 FEET
TO THE SOUTHERLY LINE OF SAD PARCEL MAP NO. 10843; THENCE ALONG SAID SOUTHERLY
LY
LINE SOUTH 7° ' " WEST 332.25 FEET TO THE EASTERLY LY LINE OF THE WESTERLY HALF OF
LOT 8 OF QUARTER SECTION 152 PER MAP NO. 166; THENCE ALONG SAID EASTERLY LINE
NORTH 1 °0 ' " WEST 310.01 FEET TO THE SOLITHERLY LINE OF 31ST STREET; THENCE
ALONG SAID SOUTHERLY LINE NORTH TH 0° ' " EAST 135.18 FEET; THENCE NORTH 1 ° '01„
WEST 20.00 FEET; THENCE NORTH 70°56'521 EAST 100,01 FEET; THENCE SOUTH 1 °0 ' " EAST
20.00 FEET; THENCE NORTH 0° ' " EAST 9T01 FEET TO THE POINT OF BEGINNING,
PURSUANT T TO THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 1 , 2021
AS INSTRUMENT NO. 2021-0658695 OFFICIAL RECORDS.
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