HomeMy WebLinkAbout2016 CON CDC HA - Paradise Creek II Housig Partners - Notice of Affordability Restrictions,
Old Republic Title Company -
Oakland
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RECORDING REQUESTED BY:
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'NATIONAL EIS -
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
DOC# 2016-0621154
IIII (Il I IIIIII IIII1(IIIIII Ill) IIIIIIIIIIII IIII IIIIIIIIIII III
Nov 15, 2016 08:00 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $42.00
PAGES: 10
NOTICE OF AFFORDABILITY RESTRICTIONS
ON TRANSFER OF PROPERTY
(HEALTH AND SAFETY CODE §33334.3(f)(3)(B))
(Paradise Creek Apartments Project/Phase II)
NOTICE IS HEREBY PROVIDED AS FOLLOWS:
1. Paradise Creek II 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) eleven (11) dwelling units at or below
30% of the area median income; (b) twenty-one (21) dwelling units at or below 40%
ofthe area median income; (c) thirteen (13) dwelling units at or below 50% of the area
median income; and (d) forty-seven (47) dwelling units at or below 110% of the area
median income.
Page 1
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Old Republic Title Company -
Oakland
RECORDING REQUESTED BY:
C
—i4TTAL
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
NOTICE OF AFFORDABILITY RESTRICTIONS
ON TRANSFER OF PROPERTY
(HEALTH AND SAFETY CODE §33334.3(f)(3)(B))
(Paradise Creek Apartments Project/Phase II)
NOTICE IS HEREBY PROVIDED AS FOLLOWS:
1. Paradise Creek II 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) eleven (11) dwelling units at or below
30% of the area median income; (b) twenty-one (21) dwelling units at or below 40%
of the area median income; (c) thirteen (13) dwelling units at or below 50% of the area
median income; and (d) forty-seven (47) 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 560-391-11 and 560-206-08.
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 II Housing Partners, L.P., a California limited partnership
By: Related/Paradise Creek II Development Co., LLC, a California limited liability company
Its: Administrative General Partner
By: /7V-4,4--- /so&t-setri-•-e
Frank Cardone, President
By: CHW Paradise Creek II Development Co., LLC, a California limited liability company
Its: Managing General Partner
By: Community HousingWorks, a California nonprofit public benefit corporation
Its: Managing Member
By:
son, Senior Vice President
[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 iSz Spath LLP
Bv:
1 erF.
Special Coun
the Housing Authority
Page 3
ACKNOWLEDGMENT
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
On q0 Ue.►v r `� , 2016, before me, GA 'P . -ee , notary
public, personally appeared Fr�k C v p _ who proved to me
on the basis of satisfactory evidence to be the person() whose names is/ace-subscribed to the
within instrument and acknowledged to me that he/shc/thcy executed the same in his/hen/their-
authorized capacity(ies), and that by his/her/their signature(s}on the instrument the personfs); 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 end official seal.
Signature
z
z
(Seal)
GAIL P. FEE
Commission # 20935Q1
Notary Public - California 1
Orange County
My Comm. Expires Jan 10, 2019
Page 4
ACKNOWLEDGMENT
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 )
Ora RR�
County of S cl gS )
On /W -aryl her , 2016, before me,/10 R;}q Vt.sdneir
public, personally appeared Mae. B B. Wi I50
on the basis of satisfactory evidence to be the person(
within instrument and acknowledged to me that h
authorized capacity( ®s`4, and that by his/their signature
entity upon behalf of which the person
, notary
who proved to me
whose name&f is/axe-subscribed to the
they executed the same in him". their
on the instrument the person(a'f, or the
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
paragraph is true and correct.
WITNESS my hand and official seal.
Signature PCu 1 «Y.G� 1-L 'L
laws of the State of California that the foregoing
Page 5
ROBYN RITA FISCHER
Commission 0 2103744 i
r, -: Notary Public - California
ix•R/ Orange County It
Comm. Expires Mar 19, 2019
(Seal)
ACKNOWLEDGMENT
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 Diego )
On Nbsrt irYbW 1, ZO((o, 2016, before me, Pre( t , notary
public, personally appeared (,�c11 �C�S-cam who proved to me
on the basis of satisfactory evidence to be the person) whose name) is/ask subscribed to the
within instrument and acknowledged to me that l e/she/tbfey executed the same in 4 s/her/tiler
authorized capacity(i0), and that by h/her/tl1ir signature on the instrument the personfrs'j, or the
entity upon behalf of which the person acted, 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
PALMA
# 2048893
PUBLIC • CALIFORMA
SAN DEGO COUNTY
omission Expires OCTOBER 25.2017
ANGELITA PALMA
COMM. • 2046893
NOTARY PUBUC • CALIFORMA
SAN DEGO COUNTY
cowman Expires OCTOBER 25, 2017
(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 7
EXHIBIT A
PROPERTY DESCRIPTION
The land referred to herein is situated in the City of National City, County of San Diego, State of
California, and is described as follows:
Leasehold estate as created by that certain lease dated November 1, 2016, made by and
between Community Development Commission -Housing Authority of the City of National City,
as lessor, and Paradise Creek II Housing Partners, L.P., a California limited partnership, as
lessee, expiring on the 99th anniversary of the date that a Notice of Completion is recorded for
the improvements and upon the terms and conditions contained in said lease and subject to
provisions contained in the lease which limit the right of possession, a Memorandum of Lease
thereof recording concurrently herewith, in and to the following:
PARCEL ONE:
Portions of Blocks 84, 85 and 86, 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 20th and
21 st Street 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" and the True point of
beginning of this description; thence south 72° 12' 08" west 182.86 feet; thence north 17° 43'
08" west 352.88 feet; thence north 19° 34' 38" east 92.41 feet; thence north 18° 15' 31" east
172.78 feet; thence north 23° 37' 12" east 37.08 feet to a point in the westerly right of way of
Hoover Avenue having a half width of 40.00 feet; thence southerly along said right of way south
17° 48' 25" east 209.35 feet; thence south 17° 45' 42" east 384.46 feet to the true point of
beginning.
Being Parcel 2 in the Certificate of Compliance recorded August 20, 2013, Instrument
2013-521150, of Official Records.
EXCEPTING FROM PARCEL ONE: That portion thereof described as follows:
Beginning at the northerly corner of said Parcel 2 above; said point also being a point in
the westerly right of way of Hoover Avenue having a width of 40.00 feet; thence south 17° 48'
25" east 5.77 feet to the true point of beginning; thence south 17° 48' 25" east 51.47 feet; thence
leaving said right of way south 72° 04' 38" west 3.11 feet; thence along a non -tangent curve with
A-1
a radius of 42.57 feet and an exit radial of south 67° 03' 28" east; thence along said curve an arc
distance of 55.40 feet through a central angle of 74° 33' 40" to the true point of beginning.
APN: 560-391-11 & portion 560-206-08
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 2 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 to the true point of beginning; thence south 17° 45' 42" east, 263.41
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 tangent 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 598.21 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° 04' 38" east, 13.71 feet;
thence south 17° 48' 25" east, 482.71 feet; thence north 71° 08' 38" east, 1.09 feet to the true
point of beginning.
EXCEPTING THEREFROM: 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 TANGENT 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 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-2
Easements and Rights over the common areas, as an appurtenance to Parcel One above,
subject to the terms and conditions contained therein, as defined in the Instrument entitled
"Reciprocal Easement Agreement with Covenants, Conditions and Restrictions, by and between
Paradise Creek II Housing Partners, L.P., Paradise Creek Housing Partners, L.P. and Community
Development Commission -Housing Authority of the City of National City, recording
concurrently herewith in the Official Records of the San Diego County Recorder.
A-3