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HomeMy WebLinkAbout0014_12_DDL Affordable Housing - Exhibit K Memo of DDLAI-1 1603\27\1893187.1 EXHIBIT I FORM OF MEMORANDUM OF DDLA RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 Attention: City Manager No fee for recording pursuant To Government Code Section 27383 APN: 365-030-001 SPACE ABOVE FOR RECORDER'S USE ONLY MEMORANDUM OF DISPOSITION, DEVELOPMENT AND LOAN AGREEMENT THIS MEMORANDUM OF DISPOSITION, DEVELOPMENT AND LOAN AGREEMENT (the "Memorandum of DDLA") is made as of ______________, 201_, by and between the City of Lake Elsinore, a municipal corporation (the "City"), and ________________________, a California limited partnership (the "Developer"), to confirm that the City and the Developer have entered into that certain Disposition, Development and Loan Agreement dated as of ______________, 2016 (the "DDLA"). The DDLA imposes certain conditions (including, but not limited to, construction requirements, operating covenants, and transfer restrictions) on the real property described in Exhibit A attached hereto and incorporated herein (the "Property"). The DDLA is a public document and may be reviewed at the principal office of the City. Rest of Page Left Intentionally Blank I-2 1603\27\1893187.1 IN WITNESS WHEREOF, the parties have caused this Memorandum of DDLA to be duly executed as of the date first above written. CITY: CITY OF LAKE ELSINORE, a municipal corporation By:____________________________ ____________________________ City Manager DEVELOPER: ____________________________, a California limited partnership By:_____________________________, a California limited liability company, its managing general partner By:________________________ Name: ________________________ Its:________________________ By:_____________________________, a California limited liability company, its administrative general partner By:________________________ Name: ________________________ Its:_______________________ Signatures Must Be Notarized I-3 1603\27\1893187.1 STATE OF CALIFORNIA ) ) COUNTY OF __________________) On ____________________, before me, ___________________________, Notary Public, 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 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. ______________________________________ Name: ______________________________ Notary Public (seal) 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. I-4 1603\27\1893187.1 STATE OF CALIFORNIA ) ) COUNTY OF __________________) On ____________________, before me, ___________________________, Notary Public, 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 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. ______________________________________ Name: ______________________________ Notary Public (seal) 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. I-5 1603\27\1893187.1 STATE OF CALIFORNIA ) ) COUNTY OF __________________) On ____________________, before me, ___________________________, Notary Public, 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 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. ______________________________________ Name: ______________________________ Notary Public (seal) 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. I-6 1603\27\1893250.1 EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF THE SOUTHEAST 1/4 OF SECTION 16, TOWNSHIP 6 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHERLY CORNER OF LOT 12 IN BLOCK "G" OF RANCHO LA LAGUNA,AS SHOWN BY MAP ON FILE IN BOOK 4, PAGE 174 OF MAPS, RECORDS OF SAN DIEGO COUNTY,CALIFORNIA; THENCE NORTH 74° 45' EAST, 220 FEET; THENCE NORTH 15° 15 WEST, 110 FEET; THENCE NORTH 74° 45' EAST, 440 FEET; THENCE NORTH 15° 15' WEST, 110 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 74°45'WEST, TO A POINT ON THE NORTHEASTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF LOT 12 IN BLOCK "G" OF RANCHO LA LAGUNA, AS SHOWN BY MAP ON FILE IN BOOK 4 PAGE 17 OF MAPS, RECORDS OF SAN DIEGO COUNTY,CALIFORNIA; THENCE NORTHEASTERLY ON SAID NORTHEASTERLY PROLONGATION OF NORTHWESTERLY LINE OF SAID LOT 12 IN BLOCK "G" TO THE WESTERLY LINE OF MISSION TRAIL HIGHWAY; THENCE FOLLOWING ALONG THE WESTERLY LINE OF SAID MISSION TRAIL HIGHWAY IN A SOUTHEASTERLY DIRECTION, TO A POINT WHICH BEARS NORTH 74° 45' EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 74° 45' WEST, TO THE TRUE POINT OF BEGINNING. SAID LAND BEING ALSO DESCRIBED AS ALL OF LOTS 1110, 1111, 1175, 1176, 1177, 1178, 1179, 1238, 1239, 1240, 1241, 1242 AND THE NORTHWESTERLY 1/2 OF LOT 1243, AS SHOWN ON ASSESSOR'S MAP NO. 48, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, AND THAT PORTION OF THE ABANDONED RIGHTS OF WAY OF ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY, ADJACENT THERETO. APN: 365-030-001