1988-244360• 299
B8 244360
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RECORDING REQUESTED BY: City of Encinitas
AND WHEN RECORDED MAIL TO: City of Encinitas
527 Encinitas Blvd.
Suite 100
Encinitas, Calif. 92024
COMPLIANCE PERMIT AND AGREEMENT
IMPOSING COVENANTS AND RESTRICTIONS ON REAL PROPERTY
THIS AGREEMENT is made by and between the CITY OF ENCINITAS
("City") and GEOFFREY B. DANIELS, PATRICIA J. DANIELS, JAMES C.
STATSER and JEANETTE M. STATSER ( "Developers "), as of this 21 at
day of January , 1988.
RECITALS
WHEREAS, Developers are the owners of certain real property
located at 155 Rosebay Drive, Encinitas, California,
more particularly described in Exhibit "A" attached hereto and
Incorporated by reference ( "Subject Property "); and
WHEREAS, the Subject Property is located in the Coastal Zone
as defined in the California Coastal Act of 1976, Public
Resources Code, Section 30000, et seq ., (the "Act "); and
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WHEREAS, Article 10.7, Chapter 3, Division 7, of Title 7 of
the California Government Code provides that:
". . . housing opportunities for persons . . . of low
and moderate income . . . shall be protected,
encouraged, and where feasible, provided. . . ";
WHEREAS, Developers seek to convert fifty -four (54) existing
apartments located on the Subject Property to fifty -four (54)
condominiums, pursuant to Waiver and Tentative Map and Final Map
for a Proposed 54 Unit Residential Condominium Conversion
C84 -048; and
WHEREAS, fifteen (15) units were identified by the County of
San Diego as units occupied by low and moderate income households;
and
WHEREAS, by virtue of the State's statutes, the County had
found that a permit for this development may only be issued upon
satisfaction of conditions assuring the provision of housing
opportunities for low and moderate income persons in order to
meet requirements of the California Government Code and that
without such provision, this development would be inconsistent
with said requirements, and no permit could issue; and
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301.
WHEREAS, Developers desire to obtain the benefits resulting
from the granting of the permit to carry out the development; and
WHEREAS, City desires to obtain the public benefits accruing
from the provisions for housing opportunities for low and
moderate income persons within the Coastal Zone boundary.
WHEREAS, City has incorporated effective October 1, 1986 and
has assumed jurisdiction over C84 -048 which was previously
approved by the County of San Diego; and
WHEREAS, City recognizes the approval of C84 -048 and shall
permit recordation of a certificate of compliance once all of the
conditions assigned by the County of San Diego are met.
AGREEMENT
NOW, THEREFORE, in consideration of the issuance of this
compliance permit and of the benefit conferred thereby on the
Subject Property to Developers, Developers hereby convenant and
agree with City to the following terms, conditions and
restrictions upon the possession, use and enjoyment of the
Subject Property, which terms, conditions and restrictions shall
be attached to and become a part of the deed to the property.
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A. Provision for Rental Units.
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Developers agree that:
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One year prior to the sale of any condominium unit on
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the Subject Property, Developers will perform one of the
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following:
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(1) Pay in -lieu fees pursuant to the schedule
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attached hereto as Exhibit "B" for each of the fifteen
(15) units identified by the County of San Diego as
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occupied by low and moderate income households.
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(2) Purchase fifteen (15) units to be held by
Developers and rented as replacement units at affordable
rents for nine (9) years. Affordable rents shall be
determined pursuant to the then current County Department
of Housing and Community Development rental schedule for
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low and moderate income households.
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(3) Set aside any fifteen (15) units within the
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existing fifty -four (54) unit apartment project as
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replacement units to be rented at affordable rents described
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above in subsection (2) for nine (9) years.
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B. Covenant Runs With the Land.
It is agreed by the parties hereto that this permit
obtained for the Subject Property is being obtained for the
benefit of said property and that the obligations provided for in
this Agreement by the Developers are legally necessary to obtain
said direct benefit for the Subject Property. It is further
agreed that all obl.igatins of the Developers shall constitute
convenants, restrictions and conditions which shall run with
the Subject Property and will bind every person having any fee,
leasehold or other interest in any portion of the Subject
Property at any time or from time to time to the extent that such
portion or portions affected or bound by the covenants, or
provisions in question, or that the covenant or provision is to
be performed on such portion.
C. Agreement to be Recorded.
It is further agreed that this Agreement, and all exhibits
and attachments hereto, shall be recorded in the official records
of the County of San Diego.
D. General Terms and Conditions.
(1) Notices.
Except as otherwise expressly provided by law, any and
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all notices or other communications required or permitted by
this Agreement or by law to be served on or given to either
party hereto by the other party hereto shall be in writing
and shall be duly served and given when personally delivered
to the parties to whom it is directed or to any managing
employee or officer of such party, or in lieu of such
personal notice, when deposited in the United States mail,
first - class, postage prepaid, addressed to the City as
follows:
City of Encinitas
Department of Planning and Community Development
527 Encinitas Boulevard, Suite 100
Encinitas, California 92024
or to the Developers addressed as follows:
Mr. Geoffrey B. Daniels & Patricia J. Daniels
770 Rancho Santa Fe Road, Suite H
Olivenhain, California 92024
and
Mr. James C. Statser & Jeanette M. Statser
746 Edelweiss
Olivenhain, California 92024
as Trustees u/a dated October 16, 1986
James C. Statser and Jeanette M. Statser
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Either party may change their address for purposes of
this section by giving written notice of such change to the
other party in the manner provided in this section.
(2) Attorney's Fees.
In the event of any controversy, claim or dispute
between the parties hereto, arising out of or relating to
this Agreement or breach thereof, the prevailing party shall
be entitled to recover from the other party reasonable
expenses, attorney's fees and costs.
(3) Assignment by City.
City may assign all or part of this Agreement to any
other entity upon thirty (30) days' written notice to the
Developers.
(4) Limitations on Invalidity.
In the event any limitation, condition, restriction,
covenant or provision contained in this Agreement is to be
held invalid, void or unenforceable by any court of
competent jurisdiction, the remaining portions of this
Agreement shall, nevertheless, be and remain in full force
and effect.
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(5) Indemnit
As between City and Developers, Developers are deemed
to assume responsibility and liability for, and Developers shall
indemnify and hold harmless City, and any and all of its
officers, agents, servants or employees, from and against
any and all claims, loss, damage, charge or expense, whether
direct or indirect, to which City, or such officers, agents,
servants or employees, may be put or subjected, by reason of
any damage, loss or injury of any kind or nature whatsoever to
persons or property caused by or resulting from or in
connection with any act or action, omission or failure to act
on the part of Developers, or any of its officers, agents,
servants, employees or subcontractors, in his or their
performance hereunder.
(6) Successors and Assigns Shall be Bound.
The covenants and restrictions herein contained shall
apply to and bind the heirs, successors and assigns of all the
parties hereto.
(7) No Discrimination.
Developers agree not to discriminate against any
purchasers, or potential purchasers, or lessees or potential
lessees, because of race, color, religion, sex or national
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origin. Developers further agree to take affirmative action
to ensure that no such person is discriminated against for
any of the aforementioned reasons.
(8) Violation May Be Enjoined.
Violation of this Agreement may be enjoined, abated or
remedied by appropriate legal proceedings by City. Damages at
law for any such violation are hereby declared to be inadequate.
(9) Entire Agreement.
This Agreement constitutes the entire agreement between
the parties and no modification hereof shall be binding unless
reduced to writing and signed by the parties hereto.
(10) Interpretation.
All questions pertaining to the validity and interpre-
tation of this Agreement shall be determined in accordance
with the laws of California applicable to contracts made and
to be performed within the State.
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IN WITNESS WHEREOF, the parties have caused this
Agreement to be entered into as of the day and year first above
i written.
"City"
} CITY OF ENCINITAS
WARREN H. SHAFER, CITY MA GER
"Developers"
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GEO R B. DANIELS
ATRICIA J. DAM ELS
} JAMES C. STATSER
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! JE ETTE M. STATSER
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j; CAT. NO. NNO0627
j, TO 1944 CA (1 -83) 309 J TICOR TITLE INSURANCE
(Individual)
{ STATE OF CALIFORNIA
r COUNTY OF San Diego SS.
On January 28, 1988 before me, the undersigned, a Notary Public in and for
u said State, personally appeared
W James U. Starser & Jeanette 11. Statser
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< proved to me on the basis of satisfactory evidence to be
the persons whose name: 6 9C subscribed to the
within instrument and acknowledged that exe-
cuted the same.
WITNESS my hand and official seal.
!' Signature
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OFFICIAL SEAL
` JOAN JONES
m NOTARY PUBLIC - CALIFORNIA
SAN DIEGO COUNTY
My comm. expires JUL 19, 1988
I (This area for official notarial seal)
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STATE OF CALIFORNIA 1ss.
COUNTY OF__Sa.ILI)lego___ __I
On__DeCelRber 9, 1987 before me, the undersigned, a Notary Public In and for
said State, personally appeared —__
Patricia J. Daniels
personally known to me (or proved to me on the basis of satis-
factory evidence) to be the person(s) whose name) is /are sub-
scribed to the within instrument and acknowledged to me that
he /she /Hv" executed the same.
WITNESS my hand and official seal.
Signature
OFFICIAL SEAL
JOAN JONES
8 � ati ^ NOTARY PUBLIC - CALIFORNIA
{at SAN DIEGO COUNTY
�o My comm. expires JUL 19, 1988
(This area for official notarial seal)
STATE OF CALIFORNIA 1 1ss.
COUNTY OF___ —San_D1ega —1
On— Decenb er 3. 1987 before me, the undersigned, a Notary Public in and for
said State, personally appeared
Geoffrey B _Daniels
personally known to me (or proved to me on the basis of satis-
factory evidence) to be the personMwhose names) is /are sub-
scribed to the within instrument and acknowledged to me that
he /she, ht-r executed the same.
WITNESS my hand and official seal.
Signature
OFFICIAL SEAL
JOAN JONES
NOTARY PUBLIC - CALIFORNIA
QyL r SAN DIEGO COUNTY
My tnmm. expires JUL 19, 1988
(This area for official notarial seal)
310
EXHIBIT "A"
That portion of the Northeast Quarter of the Northeast Quarter
in Section 15, Township 13 South, Range 4 West, San Bernadino
Base and Meridian, in the County of San Diego, State of
California, According to United States Government Survey,
approved April 19, 1881, described as follows:
Beginning at the Northeast corner of said Section 15: thence
along the Easterly boundary line of said Section, South 00
57'30" West 1114.54 feet to a point in the center line of
County Road Survey No. 458, on file in the Office of the
County Surveyor of said County; thence along said center line,
North 24 14'00" West, 151.05 feet; thence along the arc of a
curve to the left, having a radius of 500.00 feet and through
an angle of 29 1.0'00 ", 254.58 feet; thence continuing along
the center line of said County Road on a tangent to last
mentioned curve, North 53 34100" West, 155.09 feet; thence
along the arc of a curve to the left, having a radius of
500.00 feet and through an angle of 34 04'00 ", 297.29 feet;
thence leaving the center line of said Section 15; thence
along said North line, South 87 48'00" East, 629.24 feet to
the Point of Beginning.
EXCEPTING therefrom that portion described as follows:
Beginning at the Northeast corner of said Section 15; thence
along the Easterly boundary line of said Section 15, South 00
57130" West, a distance of 261.25 feet to the TRUE POINT OF
BEGINNING; thence North 87 46100" West, parallel with the
North line of said Section 15, a distance of 310.00 feet;
thence South 00 57'30" west, parallel with the East line of
said Section 15, a distance of 281.25 feet; thence South 87
46100" East, parallel with the North line of said Section 15,
a distance of 310.00 feet to a point in the East line of said
Section 15; thence North 00 57130" East, along said Easterly
line, a distance of 281.25 feet to the TRUE POINT OF
BEGINNING.
ALSO EXCEPTING therefrom that portion described as follows:
Beginning at a point on the Northerly line of said Section 15,
distant theron North 87 48'00" West, 340.00 feet from the
Northeasterly corner thereof; thence parallel with the
Northerly line of said Section, South 87 48'00" East, 30.00
feet; thence parallel with said Easterly line, South 00 57130"
West, 281.25 feet; thence parallel with said Northerly line,
South 87 48'00" East, 310.00 feet to the Easterly line of said
Section; thence ,along said Easterly line, South 00 57130"
West, 552.04 feet to the center line of County Road Survey No.
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458 on file in the Office of the County Surveyor of San Diego
County; thence along said center line as follows: North 24
14'00" West, 151.05 feet to a tangent 500.00 foot radius
curve, concave Southeasterly; thence Northwesterly along said
curve, 254.53 feet through an angle of 29 10'00 "; thence
tangent to said curve, North 53 24'00" West, 155.09 feet to a
tangent 500.00 foot radius curve, concave Southerly; thence
Westerly along said curve, 297.29 feet through an angle of 34
04100 "; thence leaving said center line, North 00 57'30" East,
613.92 feet to the Northerly line of said Section; thence
along said Northerly line, South 87 48100" East, 269.24 feet
to the Point of Beginning.
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METHOD FOR CALCULATING IN -LIEU FEES FOR REPLACEMENT UNITS
Size of Unit(1)
Persons Per
Affordable HUD
Market Rate(2)
(MR) -(AR)
Studio
Household
Rent /Mo. @
(MR)
4,440
One Bedroom
5,080
80% of Median
10,050
12,960
Two Bedroom
4,990
(AR)
9,860
12,720
Studio
1
401
438
37
One Bedroom
2
458
566
108
Two Bedroom
4
573
679
106
Three Bedroom
6
644
785
141
Mobilehome Space
N/A
190*
250+
160
Lump Sum Required to Pay Difference
Over Varying Terms(3)
Size of Unit
5 Years
10 Years
15 Years
In
Perpetuum
Studio
1,740
2,800
3,440
4,440
One Bedroom
5,080
8,170
10,050
12,960
Two Bedroom
4,990
8,020
9,860
12,720
Three Bedroom
6,640
10,670
13,120
16,920
Mobilehome Space
2,820
4,540
5,580
7,200
(1) Mobilehome rental units are treated the same as similar sized multi - family
units.
(2) Source: Park Weaver Realty - North County Beach Areas, Rental Rate Survey,
July 1985.
(3) Figures are based on a 10% interest rate on the principal and rounded to
the nearest ten dollars.
* Based on average pad rent from Avocado Trailer Park, Solana Beach.
+ This is a low estimate. Good recent survey data on this was unavailable.
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