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Home My WebLink About2010-04-30 (32 Marsh Road Ilse Gonzalez)I ~k j. C RECORDING REQUESTED BYAND WHEN RECORDED MAIL TO: Town of Tiburon Scott Anderson Director of Community Development 1505 Tiburon Blvd Tiburon, CA 94920 ATTN: Director of Community Development ul.lll i IIII lil I III III III ~I III I.II _e.rd SEE 1a~riv ~f 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 Ilse U. Gonzalez (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 32 Marsh Road, Tiburon, California, Marin County, Assessor's Parcel No. 058-440-03, 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 {1. 00 Model Owner-Occupied Notice of Affordability Restrictions 990051 \1\515024.112.17.2007 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 50-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 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: By: , Scott Anderson Director of Community Development Town of Tiburon OWNER: 1~p Ul Ilse U. Gonzalez Model Owner-Occupied Notice of Affordability Restrictions 990051\1\515024.112.17.2007 STATE OF CALIFORNIA ) ss. COUNTY OF j~l ) On Q,r 2 , 21~ I D , 2-99--- , before me, KAurlay„ ru.101 e , personally appeared I A . who proved to me on the basis of satisfactory evidence to be the person(e) whose name(s) is/-.e subscribed to the within instrument and acknowledged to me that-he/she/tom executed the same in his/her/thek authorized capacity(-), and that by hisolher/thoir signature(s) on the instrument the person(-&) or the entity upon behalf of which the person(s4 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 @,My Commission # 1675252 Notary Public - California Marin County Comm. Expires Jun 15, 201 STATE OF CALIFORNIA COUNTY OF Al DIANE CRANE IACOPI Commission # 1840513 Notary Public - California 22 Marin County _ ss. On ?~~1 o , , before me, personally _4 appeared f tj , who proved to me on the basis of satisfactory evidence to be the person(-&) whose name( is/am subscribed to the within instrument and acknowledged to me that he/sue executed the same in his hePA4 e authorized capacity(4es}, and that by hisAwr/ reir signature() 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. :tllf: WITNESS y hand and official seal. DIANE CRANE IACOPI , Commission # 1840513 9~ ~7 • Notary Public - California Marin County. M Comm. Ex Tres Mar 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 No. 3, as shown and defined on that certain Condominium Plan recorded May 1, 1987, as Recorder's Serial No. 87-29234, Marin County Records and as defined and limited in the Declaration of Restrictions recorded May 1, 1987, as Recorder`s Serial No. 87-29235, Marin County Records. PARCEL TWO: An, undivided 113e interest as tenants in common in and to the Common Area, designated Lot 9, as shown upon that certain Map entitled, "Point Tiburon, in the Town of Tiburon, Marin County, California", filed for record February 16, 1984, in Volume 19 of Maps, at Page 4, Marin County Records, and as shown and defined on the Condominium Plan referred to herein and as defined and limited by the Declaration of Restrictions referred to herein. PARCEL THREE: A non-exclusive easement for ingress, egress and support through the Common Area as shown upon the filed Map referred to herein and as shown and defined on the Condominium Plan referred to herein. Exclusive easements for use of the areas designated as GP-14 for Parking, as shown and defined on the Condominium Plan referred to herein. APN : 058-440-03 Model Owner-Occupied Notice of Affordability Restrictions 990051\1\515024.112.17.2007