HomeMy WebLinkAboutAgr 2011 (Ned's Way) RECORD wn+otn 1111411111 fill,Ill 1111111111M
FEE PER G.C.27383 0 GZJ I G 4 0 F,
RECORDING REQUESTED BYAND
WHEN RECORDED MAIL TO:
Town of Tiburon
Scott Anderson I Page I of q
Director of Community Development
1505 Tiburon Blvd
Tiburon, CA 94920
ATTN: Director of Community Development
NOTICE OF AFFORDABILITY RESTRICTIONS ON TRANSFER OF
PROPERTY
(Owner-Occupied Home)
NOTICE IS HEREBY GIVEN, that the Department of Community
Development of the Town of Tiburon (the "Agency"), in order to carry out
certain obligations under the Community Redevelopment Law of the State of
California (Health and Safety Code Section 33000 et seq.) and the Town's General
Plan, has required Andrea Brower (the "Owner"), to enter into certain
affordability covenants and restrictions entitled, Resale and Refinancing
Restriction Agreement and Option to Purchase (the "Restrictions"), with reference
to certain real property (the "Property"), located at 10 Ned's Way, Tiburon,
California, Marin County, Assessor's Parcel No. 058-460-03, and further
described in Exhibit "A," incorporated herein by reference.
The affordability covenants and restrictions contained in the Restrictions include
without limitation and as further described in the Restrictions:
1. AUTHORITY HAS OPTION TO PURCHASE AT A RESTRICTED
RESALE PRICE
2. RESTRICTION ON REFINANCING THE FIRST MORTGAGE
WITHOUT PRIOR WRITTEN CONSENT FROM MARIN HOUSING
3. LIMITATION ON DEBT SECURED BY THE PROPERTY-ANY
ADDITIONAL MORTGAGES (INCLUDING EQUITY LINES OF
CREDIT) REQUIRE PRIOR WRITTEN CONSENT OF MARIN
HOUSING
4. RESTRICTIONS ON TRANSFER OF OWNERSHIP
415/491-2525
Model Owner-Occupied Notice of Affordability Restrictions
990051\1\515024.112.17.2007 (FAX)4151472-2186
(TDD) 1-800-735-2929
5. PRIMARY RESIDENCE REQUIREMENT
6. PROHIBITION ON LEASING OR RENTING OUT HOME
7. RESTRICTIONS ON TRANSFER OF OWNERSHIP
8. MARIN HOUSING HAS AN OPTION TO PURCHASE HOME AT A
RESTRICTED PRICE WHEN OWNER PUTS THE HOME UP FOR
SALE OR FOR VIOLATION OF THE TERMS OF THE RESALE AND
REFINANCING RESTRICTION AGREEMENT OR THE DEED OF
TRUST.
9. REQUIREMENT TO PAY EXCESS SALES PROCEEDS TO MARIN
HOUSING IF MARIN HOUSING DOES NOT EXERCISE ITS
OPTION TO PURCHASE THE HOME, AND IT IS SOLD ON THE
OPEN MARKET.
10. REQUIREMENTS IN EFFECT FOR 55-YEAR TERM
This Notice of Affordability Restrictions on Transfer of Property (the "Notice") is
recorded for the purpose of providing notice only, and it in no way modifies the
provisions of the Restrictions. In the event of any conflict between this Notice and
the Restrictions, the terms of the Restrictions shall prevail.
The Restrictions have been recorded concurrently herewith and shall remain in
effect for fifty-five years commencing on the date of recordation.
This Notice is being recorded and filed by the Agency in compliance with
California Health and Safety Code Sections 33334.3 and/or Section 33413, as
amended effective this date, and shall be indexed against the Agency and the
Owner.
IN WITNESS WHEREOF, the parties have executed this Notice of Affordability
Restrictions on Transfer of Property on or as of the date first written above.
AGENCY: OWNER:
By:
Scott Anderson Andrea Brower
Director of Community Development
Town of Tiburon
Model Owner-Occupied Notice of Affordability Restrictions
990051\1\515024.1_12.17.2007
STATE OF CALIFORNIA )
ss.
COUNTY OF
On 1 aXg 31, 2O1_, before me, CQ o J .. Zt-(A,V�-,�j oIcfa'\ t
personally appeared A�4� r a, Em(A)f-K , who
proved to me on the basis of satisfactory evidence to be the person(&) whose
name(s) is/ subscribed to the within instrument and acknowledged to me that
l,-./she/th,o-y executed the same in his,/her/their-authorized capacity(io&), and that by
lais/her/*,ek signature(s) on the instrument the person(.s4 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.
CAROL J. KAZARIAN
Commission# 1890189
Notary Public-California Zz
Marin County
M Comm.Expires Jun 15,2014
STATE OF CALIFORNIA )
ss.
COUNTY OF Pt" )
On f j�a 2V- �� � , 20VL_, before me, i" . f `r f ,/ 't Cc ��� ��
personally ap eared C` Q'_7 ._ , 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/fie/tli-ey executed the same in his/ler/their authorized capacity(4es), and that by
his/ler/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 y hamd and off�Cial seal. PIAN CRANE IACPI
F ` ` Commisslon 1840513
.- ) ,•� 4, , o- Notary Public-California
B> Marin County
COMM Ex ares ar 15 2013
Model Owner-Occupied Notice of Affordability Restrictions
990051\1\515024.112.17.2007
EXHIBIT A
Legal Description
EXHIBIT A
The land referred to is situated in the County of Marin, City of Tiburon, State of California, and
is described as follows:
Parcel One:
Unit 3, as shown upon that certain Map entitled, "Map of Chandlers Gate at Tiburon, Being
Parcel 1, P.M. 43, Town of Tiburon, Marin County, California", filed for record August 24, 2000
in Volume 2000 of Maps, at Page 138, Marin County Records.
Parcel Two:
A non-exclusive easement for ingress, egress, use and enjoyment over Parcel "A"map above
referred to.
Parcel Three:
An exclusive easement for private entry purposes over the are designated as"PEAE-3", map
above referred to.
Parcel Four:
An exclusive easement for private storage purposes over the area designated as"PSE-3", map
above referred to.
Parcel Five:
An exclusive easement for parking purposes over Parking Space designated as P-4 as shown on .
Exhibit"A"of the Declaration of Covenants, Conditions and Restrictions of Chandlers Gate at
Tiburon, recorded July 24, 2001, as Instrument No. 2001-045591, Marin County Records.
APN 058-460-03
Model Owner-Occupied Notice of Affordability Restrictions
990051\1\515024.112.17.2007