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HomeMy WebLinkAboutC-4070 - Termination of Affordable Housing Agreement for Villa PointRECORDED AT REQUEST OF, AND WHEN RECORDED MAIL TO: City of Newport Beach Attn: City Clerk 3300 Newport Blvd. P.O. Box 1768 Newport Beach, CA 92658 -8915 Recorded in Official Records, orange County Tom Daly, Clerk - Recorder III NO NO FEE 2011000301062 1035 am 06/21/11 227 415 T01 6 0.00 0.00 0.00 0.00 15,00 0.00 0.00 0.00 This document is exempt from recording fees per Govt. Code § 27383 WHEREAS, the City of Newport Beach, a California municipal corporation ( "City ") and the Irvine Company, a Delaware corporation ( "Irvine ") entered into an affordable housing agreement for Villa Point on January 31, 1990, with official document recording number 90- 069298 ("Agreement"); and WHEREAS, under the Agreement Irvine contracted to provide affordable housing units for a period of twenty years to mitigate the development of a multifamily residential project of 138 dwellings units at 1200 East Coast Highway, Newport Beach, California as described in Exhibit "A" which is incorporated by reference herein; and WHEREAS, Irvine elected to provide the affordable housing units at an offsite location commonly referred to as the Baywood Apartment Project described in Exhibit "B" which is incorporated by reference herein; and WHEREAS, Irvine's obligation to provide affordable housing units under the Agreement expired on April 1, 2010. NOW, THEREFORE, the City does hereby terminate Irvine's obligation to provide affordable housing units under the Agreement and removes this affordable housing unit obligation as a matter affecting title to the Baywood Apartment Project described in Exhibit "B." IN WITNESS WHEREOF, this instrument is duly executed this _day of May, 2011. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY Leonie Mulvihill, Assistant City Attorney ATTEST: By: L i I rown, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation David Kiff, . City Manager STATE OF CALIFORNIA COUNTY OF On S 1 l-7 20 t 1. , before me, YV— LDC.9-y , the undersigned Notary Public in and for said County and State, personally appeared pt�js a A 1c1 9 who proved to me on the basis of satisfactory evidence to be the person(,aywhose name(5&are subscribed to the within instrument and acknowledged to me that `she /they executed the same inkier /their authorized capacitykie , and that by (:T�iher /their signature(s} on the instrument the person(,sfi or the entity upon behalf of which the person(g) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California thatthe foregoing paragraph is true and correct. WITNESS my hand and official seal. M LOCEY commlasloeai 1864451 NOtary Publ Notarq Poblic:- California Orange County M comm. Ez Irea Oct 7, 2013 EXHIBIT " A39 LEGAL D.ESCR,7PTI:ON OF THE PROPERTY BACK BAY DRIVE TOGETHER WITH THAT PORTION OF PARCEL I OF PARCEL MAP NO. 19 -704, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE', . STATE OF CALIFORNIA,.. AS SHOWN ON MAP FILED IN .BOOK 15.2,. PAGES 17 THROUGH 20, INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID BACK BAY DRIVE 3.6.00. FEET WIDE, AS SAID DRIVE IS SHOWN ON SAID .PARCEL MAP 79- 704; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID BACK DAY DRIVE NORTH 25 028'21" WEST 31.0.03 FEET; THENCE ALONG THE NORTHWESTERLY LINE OF SAID BACK BAY DRIVE NORTH 64 °31'39" EAST 36.00 FEET TO THE MOST NORTHERLY CORNER OF SAID BACK BAY DRIVE, SAID CORNER BEING ALSO A POINT ON THE NORTHWESTERLY LINE OF SAID PARCEL 1; THENCE. ALONG NORTHWESTERLY LINE NORTH 5'B °34115" EAST 105.00 :FEET; THENCE. SOUTH 13016'5,5" EAST 328.81 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID PARCEL 1; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 1 AND SAID BACK BAY DRIVE SOUTH 64054'33" WEST 71.00 FEET TO THE POINT OF BEGINNING. EXHIBIT "B15 LEGAL DESCRIPTION OF THE HAYWOOD APARTMENT PROJECT PROPERTY .SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF NEWPORT BEACH, 'DESCRIBED MORE PARTICULARLY AS PARCEL MAP RECORDED IN BOOK 189, PAGES 6 THROUGH 16 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXHIBIT B TO AFFORDABLE HOUSING AGREEMENT 101989 14BB11 -04