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Home My WebLink About2011-03-25 (Andrea Bower)"I RECORD wnNouf FEX PER G.C. 27383 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 1 1 -~1►Qi 1 ~4~6 H er: {v- ;,r er 1 ~r-~~~v ~•~erk 1a 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\515024.1_12.17.2007 (FAX) 415/472-2186 (TDD) 1-800-735-2929 0~ 00 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: C B Scott Anderson Director of Community Development Town of Tiburon OWNER: Andrea Brower Model Owner-Occupied Notice of Affordability Restrictions 990051 \ 1 \515024.1 _ 024.112.17.2 STATE OF CALIFORNIA ) ss. COUNTY OF N ayt K ) C.K. On Tjw,.tg6j 3I, ;.44 , 201 , before me, ra - - personally a eared LA1 who t proved to me on the basis of satisfactory evidence to be the person(-&) whose name(-s-) is/ar-e subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hi-s/her/tom authorized capacity(io&), and that by la~s/her/fir signature{-s-) on the instrument the person(.s4 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 and official seal. STATE OF CALIFORNIA COUNTY OF AI,--f\'- /it" ) ss. One,,Vv" 20VL_, before me, personally ap eared Z Marin County ~ who Gil C_ ANTS proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ape subscribed to the within instrument and acknowledged to me that he/*ke/they executed the same in his/4&r/t4eir authorized capacity(i-es), and that by his/ler/tar 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. WITNE y d and off, vial seal. f s ~ fi CAROL J. KAZARIAN Commission #r 1890189 i .Notary Public -California = M Comm. Expires Jun 15, 2014 DIANE CRANE IACOPi Commission #t 1840513 Notary Public - California Marin County M Comm. E ires 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 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