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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received three Notices of Interest within the statutory period of availability; however, interest was subsequently withdrawn.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