2021-323225 DOC# 2021-0323225
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NO FEE FOR RECORDING Apr 27, 2021 02:55 PM
PURSUANT TO GOV. CODE SECTION OFFICIAL RECORDS
(jLY 27383 Ernest Dronenburg. Jr,
SAN DIEGO COUNTY RECORDER
Recording Requested By: FEES. $0.00 (SB2 Atkins. $0.00)
PAGES 4
City of Encinitas
Development Services Department
505 S. Vulcan Avenue
Encinitas, CA 92024
And When Recorded Mail To:
City of Encinitas
City Clerk's Office
505 S. Vulcan Avenue
Encinitas, CA 92024
A.P.N. 260-131-02-00
AFFORDABLE HOUSING AGREEMENT
(Density Bonus & Inclusionary)
This Affordable Housing Agreement (hereinafter the "HOUSING AGREEMENT") is made and
entered into and is effective as of this 5th day of April, 2021 by and between the City of
Encinitas, a municipal corporation (hereinafter the "CITY"), and Warmington E14 Associates,
LLC, a California limited liability company (hereinafter the "OWNER").
RECITALS
A. Whereas, the CITY has adopted a Density Bonus Ordinance, Encinitas Municipal
Code Section 30.16.020(C), to conform with state density bonus law (Government
Code Sections 65915 — 65918) (together "DENSITY BONUS LAW"). DENSITY
BONUS LAW allows a density bonus, concessions, and other regulatory incentives
when a developer proposes to provide affordable housing meeting the standards of
DENSITY BONUS LAW.
B. Whereas, the OWNER is the owner of real property (hereinafter the "PROPERTY")
described in EXHIBIT A, attached hereto, and made a part hereof;
C. Whereas, the CITY approved Tentative Map 18-001 TMDB/DR/CDP by Planning
Commission Resolution (Resolution No. PC 2019-24) on August 1, 2019, and by
City Council Resolution (Resolution No. CC 2019-78) on appeal on September 11,
2019. As part of the Tentative Map application, the OWNER has sought and agreed
to construct one (1) unit (9% of the total units shown on the Tentative Map) to be
affordable to VERY LOW-INCOME HOUSEHOLDS. The affordable unit(s) is
hereinafter the "UNIT(s)".
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r '
Said certifications shall be made in writing in a form acceptable to the City of Encinitas
Development Services Director.
20. RELEASE OF PROPERTY FROM DECLARATION.
At DECLARANT's request, 13 lots within TM 18-001 TMDB/DR/CDP, except the
AFFORDABLE UNIT PROPERTY, shall be released from the burdens of this Declaration
when a certificate of occupancy is approved for the AFFORDABLE UNIT.
ACCEPTED AND AGREED
DECLARANT
Warmington E14 Associates, LLC
BY: WRG BUILDER V, L.P., a California limited partnership, its Manager
BY: WARMINGTON RESIDENTIAL CALIFORNIA, INC., a California corporation, its
General Partner
By: Date:
ichael Riddlesperger, Chief Financial Officer
(Notarization of signature must be attached)
ACCEPTED
CITY OF ENCINITAS
By: UV Date: � I ' A
Rd a' i
As ista t D ector
(Notarization not required)
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ACKNOWLEDGMENT
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 )
On 2/26/2021 before me, J•Cresap, Notary Public
(insert name and title of the officer)
personally appeared Michael Riddlesperger
who proved to me on the basis of satisfactory evidence to be the persons)whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she4hey executed the same in
his/her/their authorized capacity(ies)-, and that by his/he•'g#w-r signature(s)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.
WITNESS my hand and official seal. J.CaE6AP
Notary Public•Caaornia
Om
OrangeCounty
Commission R 2J41651
4uaq-� y Comm.Expires Jan 16,202f
Signat (Seal)
Description of Attached Document: Date:
EXHIBIT A
LEGAL DESCRIPTION
THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER
OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 22,
TOWNSHIP 13 SOUTH, RANGE 4 WEST S.B.M., ACCORDING TO UNITED STATES
GOVERNMENT SURVEY APPROVED APRIL 19, 1881.
APN: 260-131-02-00
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