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HomeMy WebLinkAboutC-4070(A) - Termination of Affordable Housing Agreement for Villa Point (Phase II)RECORDED 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 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII NO FEE 2011000277124 10:51 am 06/06/11 276 418 T01 6 0.00 0.00 0.00 0.00 15.00 0.00 0.00 0.00 (SPACE ABOVE THIS LINE FOR RECORDER'S USEI This document is exempt from recording fees per Govt. Code § 27383 TERMINATION OF AFFORDABLE HOUSING AGREEMENT FOR VILLA POINT (PHASE II) 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 November 13, 1990, with official document recording number 90- 650163 ( "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 90 dwellings units at 201 Villa Point Drive, 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 Newport North 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 March 24, 2011. 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 Newport North Apartment Project described in Exhibit "B." IN WITNESS WHEREOF, this instrument is duly executed this /May �1ay of May, 2011. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, OFFICE OF THE CITY ATTORNEY A Municipal Corporation By. l c� `eofiie Mulvihill, Ivy Assistant City Attorney AsN� City Clerk By: G- 4,11n David Kiff, Manager STATE OF CALIFORNIA COUNTY OFQ On 14�l2 20" , before me, 14�k Lo , the undersigned Notary Public in and for said County and State, personally appeared 'D ow-, d A. le;A who proved to me on the basis of satisfactory evidence to be the personal whose name(,s-)TOare subscribed to the within instrument and acknowledged to me thate0she /they executed the same in Is her /their authorized capacity(j.&s); and that by C19her /their signature(,sfion the instrument the person(; or the entity upon behalf of which the person(oacted, executed the instrument. I certify under PENALTY OF PERJURY underthe laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. M. LOCEY vt�— Commissions 1864451 Notary Public Notary Public - California Orange County M Comm. Ez ires Oct 7, 2013 r EXHIBIT 66p11 LEGAL. DESCRIPTION OF THE PROPERTY BACK BAY DRIVE TOGETHER WITH THAT PORTION OF PARCEL MAP NO. 79 -704, IN THE CITY OF NEWPORT BEACH, 1 OF PARCEL' CO STATE OF CALIFORNIA, AS COUNTY OF ORANGE, THROUGH 20, SHOWN ON MAP FILED IN BOOK 152, PAGES 17 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 36.00 FEETWIDE, AS SAID DRIVE IS SHOWN ON SAID PARCEL MAP 79_ 704;. THENCE ALONG THE SOUTHWESTERLY LINE OF SAID BACK' BAY DRIVE NORTH 25028121" WEST 310.03 FEET T; THENCE ALONG THE NORTHWESTERLY LINE OF SAID BACK 'BAY DRIVE NORTH 64031139" 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 58034'15" EAST 105.00 FEET; THENCE SOUTH 13016155" EAST 328.81 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID PARCEL 11 THENCE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 1 AND SAID BACK BAY DRIVE 64054'330 WEST 71.00 FEET TO THE POINT OF BEGINNING. SOUTH EXHIBIT "B" COUNTY OF ORANGE p rV CALIFORNIA 1 2, 3, SITUATED IN THE STW , OF pARTICULARLY As LOTS PROPERTY BEACH, DESCRIBED MORE 150, pAaEs I THROUGH a OF CITY OF NEWPORT 3 12309 RECORDED IN BOOK 5 F SAID coTJNTY- AND 4 OF TRACT N( OFFICE OF THE COUNTY RECORDER 0 MAPS, IN THE