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2014 CON CDC HA - Paradise Creek Housig Partners - Notice of Affordability Restrictions
Recorded at the Request of Old Republic Title Company - Oakland 117V1 ‘(v,?-(U REGORDING R F 1 JFST�E�D��$Y: C T rNITV DE E /,MENT COMMISSION -HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY AND WHEN RECORDED RETURN TO: COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY Records Management Department 1243 National City Blvd. National City, California 91950 DDC# 2014-0510279 11111111111111111111111111111111111111111111111111111111 Nov zi, zoia a.is PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 36.00 PAGES: 8 I l l 111I I I I I 1111111110111111111111111 I I I I 111111111111111I 111111111111101111111111111 NOTICE OF AFFORDABILITY RESTRICTIONS ON TRANSFER OF PROPERTY (HEALTH AND SAFETY CODE §33334.3(f)(3)(B)) (Paradise Creek Apartments Project/Phase 1) NOTICE IS HEREBY PROVIDED AS FOLLOWS: 1. Paradise Creek Housing Partners, L.P., a California limited partnership ("Partnership"), is the ground lessee of that certain real property located in the City of National City, California, more particularly described in the attached Exhibit "A" ("Property"). 2. The Community Development Commission -Housing Authority of the City of National City ("Housing Authority" is providing partial' financing for the Property with moneys from its Low and Moderate Income Housing Fund. 3. Concurrently herewith the Partnership and the Housing Authority are causing the Property to be encumbered by a ground lease ("Ground Lease"), which generally restricts the rent and occupancy of (a) twelve (12) dwelling units at or below 30% of the area median income; (b) twenty-three (23) dwelling units at or below 40% of the area median income; (c) eighteen (18) dwelling units at or below 50% of the area median income; and (d) fifty-five (55) dwelling units at or below 110% of the area median income. Page 1 4. The restrictions described in Paragraph 3, above, expire ninety-nine (99) years from completion of construction of the Affordable Units as set forth in the Ground Lease. 5. The Property is generally located at 22nd Street and Hoover. 6. The Property assessor's parcel numbers are 560-391-12 and 559-124-08. 7. In the event of any conflict between one or more provisions of this document and one or more provisions of the Ground Lease, the provisions of the Ground Lease shall apply. PARTNERSHIP: Paradise Creek Housing Partners, L.P., a California limited partnership By: Related/Paradise Creek Development Co., LLC, a California limited liability company Its: Administrative General Partner By: Frank Cardone, Vice President By: CHW Paradise Creek Development Co., LLC, a California limited liability company Its: Managing General Partner By: Community HousingWorks, a California nonprofit public benefit corporation Its: Managin _ ember ne : ilson, Seniorce ' -sident [SIGNATURES CONTINUED ON FOLLOWING PAGE] Page 2 HOUSING AUTHORITY: Community Development Commission -Housing Authority of the City of National City Leslie Deese, Executive Director Approved as to Form: Christensen & Spath LLP B Special Counsel tol�he H4ing Authority Page 3 ACKNOWLEDGMENT State of California ) Ls9 11-19 )I4 County of e ) On 1\10uember la , 2014, before me, Gni l p. FPe,)40i-ivy pa,�l�_ personally appeared, F r`A V\ k C Ar do he who proved to me on the basis of satisfactory evidence to be the person(s) whose name(6) is/are, subscribed to the within instrument and acknowledged to me that he/sheizthey executed the same in his/herauthorized capacity(ics), and that by his/her/their signature(-s) on the instrument the person(s), or the entity on 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. WITNESS my hand and official seal. Signature rpke (Seal) gctA:i e- et_ ACKNOWLEDGMENT GAIL P. FEE Commission # 1917108 i Notary Public - California t Orange County M Comm. Ex ires Jan 10, 2015 State of California ) ©rah5e ) County of San Diego ) Npa-11-14-F4 On Motl e m [no r (9 , 2014, before me, Gla'll P. Fee, 6f-a� y PO b 1 iv personally appeared, &tr\vve 8 . 11J i I so vl who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ate subscribed to the within instrument and acknowledged to me that he/she/they executed the same in l s/her/t1 i+.authorized capacity(-ies), and that by K /her/their signature(a) on the instrument the person(), or the entity on behalf of which the personET) 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. Signatur ,lc_ (Seal) Page 4 GAIL P. FEE Commission # 1917108 Z Notary Public - California Orange County M Comm. Ex ires Jan 10, 2015 ACKNOWLEDGMENT State of California County of San Diego ) On 0 v./.040- (S , 2014, before me, Le-s tee s evidence to be the person( whose nameis/are subscribed to the within instrument and acknowledged to me that l / he/thy executed the same in 0/her/their authorized capacity(ie�, and that bys/her/tyr signature( on the instrument the person(?j, or the entity on behalf of which the person syacted, executed the instrument. n Not ;D 1" A`rCnit� personally appeared, who proved to me on the basis of satisfactory 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 ANGELITA MARCHANTE COMM. # 2046693 NOTARY PUBLIC 'CALIFORNIA z SAN DIEGO COUNTY My Comm. Exp, October 25, 2017 State of California ) County of San Diego ) (Seal) Anleti6-A_ 'Ma✓d2a��-l2 ACKNOWLEDGMENT On , 2014, before me, personally appeared, 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 on 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 (Seal) Page 4 Exhibit "A" Property Description The land referred to is situated in the State of California, County of San Diego, City of National City and described as follows: Page 6 EXHIBIT "A" LEGAL DESCRIPTION Real property in the City of National City, County of San Diego, State of California, described as follows: A leasehold estate as created by that certain Ground Lease dated November 19, 2014, executed by and between the Community Development Commission -Housing Authority of the City of National City, a public body, corporate and politic, as lessor, and Paradise Creek Housing Partners, L.P., a California limited partnership, as lessee, as evidenced by that certain "Memorandum of Ground Lease" recorded concurrently herewith in the Official Records of the County of San Diego, State of California, in and to the following: PARCEL ONE: Portions of Blocks 107, 86, 85 and 108, according to Map thereof No. 348, filed in the Office of the County Recorder of San Diego County, October 2, 1882, together with a portion of 21st Street Vacated and Coolidge Avenue Vacated, described as follows: Beginning at the southwest corner of Block 107 as shown on the above referenced map, said point also being a point in the northerly right of way line of 22nd Street, having a half right of way width of 40.00 feet; thence easterly along said line north 72° 16' 45" east 543.65 feet to a tangent curve, said curve concave northwest having a radius of 20.00 feet; thence along said curve through a central angle of 77° 55' 20" an arc length of 27.20 feet to a compound curve, said curve concave west with a radius of 760.00 feet and a radial south 84° 21' 25" west; thence along said curve through a central angle of 12° 04' 44" an arc distance of 160.22 feet to a point in the westerly right of way of Hoover Avenue with a half width of 40.00 feet; thence northerly along said right of way north 17° 45' 42" west 61.65 feet to point "A"; thence leaving said right of way south 72° 12' 08" west 182.86 feet; thence north 17° 43' 08" west 352.88 feet to point "B"; thence south 19° 34' 38" west 154.26 feet; thence south 20° 46' 08" west 110.52 feet; thence south 19° 47' 31" west 362.52 feet to a point in the easterly right of way of Harding Avenue having a half width of 40.00 feet; thence southerly along said right of way south 17° 48' 28" east 74.46 feet to the point of beginning. Being Parcel 1 in the Certificate of Compliance recorded August 20, 2013, Instrument 2013-521150, of Official Records. APN: 560-391-12 & 559-124-08 PARCEL TWO: A portion of Hoover Avenue (formerly 2nd Ave) and portion Lots 13 through 21, inclusive, lying within Block 86, according to Map thereof No. 348, filed in the County of San Diego, October 2, 1882, as vacated in the Resolution Authorizing an Order of Vacation recorded June 17, 2014, document no. 2014- 250448, being only that portion of the following described parcel that is adjacent to Parcel One above (Parcel 1 Certificate of Compliance, 2013-521150), and more particularly described as follows: Beginning at the centerline intersection of 21st Street and Hoover Avenue; thence south 72° 14' 18" west, 25.21 feet; thence south 17° 45' 42" east, 53.90 feet to the true point of beginning; thence continuing south 17° 45' 42" east, 209.47 feet to a concave curve westerly with a radius of 27.00 feet; thence along said curve through a central angle of 90° 02' 26" an arc distance of 42.43 feet; thence leaving said curve south 72° 16' 45" west, 24.27 feet to a non tangenc curve concave westerly with a radius of 20.00 feet; thence along said curve through a central angle of 77° 55' 20" an arc distance of 27.20 feet to a tangent compound curve concave westerly with a radius of 760.00 feet; thence along said curve through a central angle of 12° 04' 44" an arc distance of 160.22 feet; thence leaving said curve north 17° 47' 56" west 61.65 EXHIBIT "A" feet along the westerly right of way of Hoover Avenue having a half right of way width of 40.00 feet; thence leaving said right of way north 72° 12' 08" east, 14.79 feet to the true point of beginning. PARCEL THREE: A portion of Harding Avenue (formerly 4th Ave) adjacent to Lots 7 through 10, inclusive, Block 107, according to Map thereof No. 348, filed in the County of San Diego, October 2, 1882, as vacated in the Resolution Authorizing an Order of Vacation recorded June 17, 2014, document no. 2014-250448, and more particularly described as follows: Beginning at the centerline intersection of Harding Avenue and 22nd Street; thence northerly along the centerline of Harding Avenue north 17° 48' 28" west, 40.00 feet to a point in the northerly right of way of 22nd Street; thence easterly along said right of way 1.00 feet to the true point of beginning; thence continuing along said right of way, 39.00 feet to a point of intersection of the easterly right of way of Harding Avenue, having a half right of way width of 40.00 feet and the northerly right of way of 22nd Street, having a half right of way width of 40.00 feet; thence northerly along the easterly right of way of Harding Avenue, north 17° 48' 28" west, 74.46 feet; thence leaving said right of way south 20° 04' 26" west, 63.51 feet; thence south 17° 48' 28" east, 24.27 feet to the true point of beginning. EXHIBIT "A"