24-0822_PAUL VALENZUELA TRUST_Declaration of Restrictive Covenants (2024000216498)Recording Requested by
Fidelity National Title
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of San Juan Capistrano
32400 Paseo Adelanto
p0 San Juan Capistrano, CA 92675
Attn: City Clerk
N
�- EXEMPT FROM RECORDING FEES
(Government Code §§6103 & 27383)
APN: 664-071-01
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
II 11 II 1111 [1111111 I I II NO FEE
*$ R 0 0 1 5 1 1 2 5 2 8$*
202400021649811:45 am 08/22/24
498 CR-SC06 D05 6
0.00 0.00 0.00 0.00 15.00 0.00 0.000.000.00 0.00
Space Above Line for Recorder's Use Only
The undersigned grantor(s) declare(s) documentary transfer tax is $0.00.
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS ("Restrictive Covenant") is
made this I day of M y , 2024 by the CITY OF SAN JUAN CAPISTRANO, a California
municipal corporation (hereinafter "Declarant"), with reference to the following facts:
RECITALS
A. Declarant is the sole owner in fee simple of that certain real property consisting of
a portion of Assessor's Parcel Number 664-071-01 which is approximately 6.785 acres in size,
located at 28432 Calle Arroyo in the City of San Juan Capistrano, County of Orange, State of
California, as more fully described in Exhibit A and depicted in Exhibit B (the "Parcel").
B. In anticipation of the sale of a portion of the Parcel, Declarant complied with the
terms of the Surplus Land Act (Government Code § 54220 et seq.) (the "Act").
C. On February 7, 2023, Declarant's City Council adopted Resolution No. 23-02-07-
02, which, among other things, declared the Parcel as non-exempt surplus land pursuant to Section
54221(b)(1) of the Act.
D. Subsequently, Declarant issued a Notice of Availability of the Parcel to all
statutorily entitled entities, and Declarant received three Notices of Interest within the statutory
period of availability; however, interest was subsequently withdrawn.
COVENANTS, TERMS, CONDITIONS AND RESTRICTIONS
In consideration of the above recitals, Declarant hereby declares the Parcel shall be held,
transferred, conveyed, leased, occupied or otherwise disposed of, and used subject to the following
restrictive covenants:
If ten (10) or more residential units are developed on the Parcel, not less than 15 percent
of the total number of residential units developed on the Parcel shall be sold or rented at affordable
housing cost, as defined in Section 50052.5 of the California Health and Safety Code, or affordable
rent, as defined in Section 50053 of the California Health and Safety Code, to lower income
households, as defined in Section 50079.5 of the California Health and Safety Code. Rental units
shall remain affordable to and occupied by lower income households for a period of 55 years for
rental housing and 45 years for ownership housing from the date of recordation of this Restrictive
Covenant. The initial occupants of all ownership units shall be lower income households, and the
units shall be subject to an equity sharing agreement consistent with the provisions of paragraph
(2) of subdivision (c) of Section 65915 of the California Government Code. These requirements
shall be covenants or restrictions running with the land and shall be enforceable against any owner
who violates a covenant or restriction and each successor -in -interest who continues the violation
by any of the entities described in subdivisions (a) to (f), inclusive, of Section 54222.5 of the
California Government Code.
IN WITNESS WHEREOF Declarant has executed this Restrictive Covenant the day and
year first above written and agrees to be bound by the terms and provisions hereof.
DECLARANT:
CITY OF SAN JUAN CAPISTRANO a California
municipal corporation
Date: Aq / .2.,?,- 2a2 L/
By:
enjami i , City anager
PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT
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.
State of California
County of Orange ) ss.
City of San Juan Capistrano )
(Gov't Code 40814 & Civil Code 1181)
On May 28, 2024, before me, Christy Jakl, City Clerk, personally appeared
Benjamin Siegel, City Manager, who proved to me on the basis of satisfactory evidence to the be
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/there
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.
F9
Capacity Claimed by Signers
City Manager
Title
Signer is Representing
City of San Juan Capistrano
WITNESS my hand and official seal.
0 LV --,Q
Chris , City Cl k
OPTIONAL
Description of Attached Document
Title or Type of Document
Declaration of Restrictive Covenants
APN 664-071-01
Exhibit A
Legal Description
In the City of San Juan Capistrano, County of Orange, State of California, being a portion of Lot
A of Tract No. ,?`1e,�', filed in Book 426, Pages 41 through 43, inclusive, of Miscellaneous Maps,
in the Office of the County Recorder of said County, described as follows:
STABLES PARCEL
Beginning at a point in the southeasterly line of said Tract, said point being distant 213.71 feet
from the southwesterly corner of said Tract; thence leaving said southeasterly line North 18°37'09"
West 29.01 feet; thence North 1°19'13" East 329.95 feet; thence North 72°35'11" East 43.29 feet;
thence South 23°12'38" East 25.05 feet; thence North 77°12'16" East 73.32 feet; thence North
0°57'31" East 150.90 feet to a curve concave westerly having a radius of 30.00 feet; thence
northerly 19.89 feet along said curve through a central angle of 37°58'51 "; thence North 37°01'20"
West 17.42 feet; thence South 88°20'52" East 23.19 feet to a non -tangent curve concave northerly
having a radius of 548.00 feet, a radial line to the beginning of said curve bears South 1'20'50"
West; thence easterly 363.67 feet along said curve through a central angle of 38°01'24"; thence
non -tangent from said curve North 53°19'37" East 336.94 feet; thence North 54°13'40" East 20.03
feet to a curve concave southeasterly having a radius of 160.00 feet; thence northeasterly 35.60
feet along said curve through a central angle of 12°44'53" to a compound curve concave southerly
having a radius of 75.00 feet; thence easterly 31.70 feet along said curve through a central angle
of 24°12'49"; thence South 88°48'38" East 36.26 feet to a curve concave northerly having a radius
of 60.00 feet; thence easterly 48.59 feet along said curve through a central angle of 46°24'16";
thence North 44°47'06" East 12.38 feet; thence South 88°57'59" East 31.03 feet to the easterly line
of said Tract; thence along said easterly line South 1°02'01" West 216.58 feet to a point on said
easterly line which is distant 233.70 feet northerly from the southeasterly corner of said Tract;
thence leaving said easterly line North 88°57'59" West 30.00 feet to a non -tangent curve concave
northwesterly having a radius of 892.00 feet, a radial line to the beginning of said curve bears
South 45°04'41" East; thence southwesterly 222.26 feet along said curve through a central angle
of 14°16'35" to a non -tangent curve concave southeasterly having a radius of 1083.00 feet, a radial
line to the beginning of said curve bears North 33°23'23" West; thence southwesterly 223.32 feet
along said curve through a central angle of 11°48'52"; thence non -tangent from said curve South
49°13'00" West 415.60 feet; thence South 47°04'22" West 47.96 feet; thence South 55°14'25"
West 59.24 feet; thence South 58°55'49" West 59.24 feet to a point in said southeasterly line of
said Tract, said point being distant 334.61 feet from said southwesterly corner of said Tract; thence
along said southeasterly line South 63°24'06" West 120.90 feet to the Point of Beginning.
Exhibit B
Legal Depiction
[Attached Behind this Page]
EXHIBIT "B"
Sketch to Accompany Legal Description
LEGEND:
— — ® INDICATES SHEET NUMBER
------------- RIGHT OF WAY
LOT LINE
Q0
cV
Ln
0
Q
ry
011
L0
N
0
Q0
n
M.M. 426/41-43
TRACT NO. 8485
O
0
U
Q
-
QP '
--------------
LOT A
Q
QQ`G TRACT NO. 8485 Q� P
QPQ` M.M. 426/41-43
O Gov � 50
10,
10
sk �"�� Q
Q A0
ROBERT L. WHEELER IV, PLS 8639 DATE
®ER & ASSOCIATES
I R V I R V N E , I N C EXHIBIT "B"
PLANNING ■ ENGINEERING ■ SURVEYING
Three Hughes • Irvin, CA 92618 • PR(949)5a3-1010 • FX -(949)5a3-0759 CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA
DATE:
2/16/23 0 � — — — 'DSY.G K. KOUCHI cy' R. WHEELER SCALE: 1 "= 200' W.0.1100-6
RLE' I: \PW Mission Trails Stables LD 10417\SHT01.dwg HBA LEGAL No. 104121 SHEET 1 OF 3
Lu
LLJ
fj
Z N
LP
Lu
00
Oo
I 1 G�
Ln
-
QP '
--------------
LOT A
Q
QQ`G TRACT NO. 8485 Q� P
QPQ` M.M. 426/41-43
O Gov � 50
10,
10
sk �"�� Q
Q A0
ROBERT L. WHEELER IV, PLS 8639 DATE
®ER & ASSOCIATES
I R V I R V N E , I N C EXHIBIT "B"
PLANNING ■ ENGINEERING ■ SURVEYING
Three Hughes • Irvin, CA 92618 • PR(949)5a3-1010 • FX -(949)5a3-0759 CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA
DATE:
2/16/23 0 � — — — 'DSY.G K. KOUCHI cy' R. WHEELER SCALE: 1 "= 200' W.0.1100-6
RLE' I: \PW Mission Trails Stables LD 10417\SHT01.dwg HBA LEGAL No. 104121 SHEET 1 OF 3