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Home My WebLink AboutFord Street Project 2008-08-13, Amendment 1, 2012-03-07Free recording in accordance with California Government Code Sections 27383 RECORDING REQUESTED BY, AND WHEN RECORDED, MAIL TO: City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Attn: City Manager 2012-03823 Recor FFIRSTdeAMERICANd at of: 03/08/2012 03:29 PM Fee: $0 Pgs: 1 of 5 OFFICIAL RECORDS Susan M. Ranochak - Clerk-Recorder Mendocino County, CA viii 011111 FIRST AMENDMENT TO REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS This First Amendment to Regulatory Agreement and Declaration of Restrictive Covenants ("First Amendment"), is dated 1 7.- 1 '~k- , 2012, for reference purposes only, and is made and entered into by and between Ford Street Project (aka The Ford Street Project, Inc.), a California nonprofit public benefit corporation (the "Developer"), and the City of Ukiah, in its capacity as the Successor Agency to the Ukiah Redevelopment Agency, pursuant to Health & Safety Code Section 34177 (the "Agency"). RECITALS A. Developer is the owner of that certain real property located at 201 Brush Street, Ukiah, Mendocino County, State of California (the "Property") upon which it has developed a Transitional Opportunities Toward Independent Living facility for homeless single adults (the "TOTIL"). B. Developer has entered into a Regulatory Agreement and Declaration of Restrictive Covenants with the Agency dated July 20, 2007 (the "Regulatory Agreement") and recorded on July 30, 2007, as Instrument 2007-13981 of the Official Records of Mendocino County (the "Official Records") which was entered into as an inducement to the Agency to grant financial assistance in connection with the development of the TOTIL. C. Tie Regulatory Agreement original encumbered the real property described in the Exhibit A attached to the Regulatory Agreement. Pursuant to that certain Lot Line Adjustment #B 012-13 recorded November 19, 2002, as Instrument No 2002-25223 in the Official Records, the legal description has been changed as provided in Exhibit A-1 attached hereto. D. The Agency and the Developer desire to amend the Regulatory Agreement to change the legal description of the Property to the legal description described in the attached Exhibit A-1. 1 AGREEMENT NOW, THEREFORE, for sufficient consideration which is hereby acknowledged, the parties agree as follows: 1. The foregoing Recitals are true and correct and included as part of this First Amendment. 2. The Exhibit A to the Regulatory Agreement is replaced with the attached Exhibit A-1. 3. The provisions of this First Amendment shall supersede any conflicting provisions of the Regulatory Agreement but only to the extent of such conflict. All other terms and conditions of the Regulatory Agreement shall remain in full force and effect. 4. This First Amendment may be executed in multiple counterparts, all of which together shall constitute a single instrument. 5. This First Amendment shall be interpreted, governed, and construed under the laws of the State of California. [SIGNATURE PAGE FOLLOWS] 2 SIGNATURE PAGE [All signatures must be Acknowledged] IN WITNESS HEREOF, the Agency and the Developer have entered into this First Amendment as of the date first set forth above and agree to be bound hereby: AGENCY: The City of Ukiah, in its capacity as the Successor Agency to the Ukiah Redevelopment Agency, Pursuant to Health & Safety Code Section 34177 „ n j By: Jane Chambers, City Manager F.or the City of Ukiah, in its capacity as the Successor Agency to the Ukiah Redevelopment Agency, pursuant to Health & Safety Code Section 34177 DEVELOPER: Ford Street Project (aka The Ford Street Project, Inc.), a California nonprofit, public benefit corporation B /iL1 Jacq eline Williams Executive Director 3 EXHIBIT "A-1" Real property in the City of Ukiah, County of Mendocino, State of California, described as follows: PARCEL ONE: BEGINNING AT THE SOUTHEAST CORNER OF THAT CERTAIN REAL PROPERTY AS SHOWN ON A RECORD OF SURVEY FILED IN MAP CASE 2, DRAWER 27, PAGE 38, MENDOCINO COUNTY RECORDS; THENCE SOUTH 09° 47' WEST, 8.00 FEET; THENCE SOUTH 64° 17' EAST, 28.62 FEET; THENCE NORTH 01'34'40" EAST, 202.25 FEET TO THE SOUTHERLY LINE OF BRUSH STREET; THENCE ALONG SAID SOUTHERLY LINE SOUTH 89° 13'51 " WEST, 40.00 FEET TO THE EASTERLY LINE OF THE NORTH WESTERN PACIFIC RAILROAD RIGHT OF WAY; THENCE LEAVING SAID SOUTHERLY LINE AND ALONG SAID RAILROAD RIGHT OF WAY SOUTH 01° 34' 40" WEST, 181.42 FEET; THENCE LEAVING SAID RIGHT OF WAY NORTH 89'55'51" EAST, 15.00 FEET TO THE POINT OF BEGINNING. THE ABOVE LEGAL DESCRIPTION IS A RESULT OF LOT LINE ADJUSTMENT PURSUANT TO CITY OF UKIAH BOUNDARY LINE ADJUSTMENT NO. #B 02-13 WHICH HAS BEEN APPROVED BY THE CITY OF UKIAH DISCLOSED BY INSTRUMENT RECORDED NOVEMBER 19, 2002 UNDER SERIES #2002-25223, MENDOCINO COUNTY RECORDS. PARCEL TWO: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF FORD STREET IN THE CITY OF UKIAH AND THE CENTERLINE OF ORR CREEK; THENCE NORTHEASTERLY ALONG THE CENTERLINE OF ORR CREEK TO THE SOUTHERLY LINE OF LOT 7 OF THE "REVISED SUBDIVISION OF THE BRUNNER-BRIGGS ADDITION NO. 1"; THENCE NORTH 50° 30' WEST 234.30 FEET TO AN ANGLE POINT IN THE SOUTHERLY LINE OF SAID LOT 7; THENCE SOUTH 89° 50' WEST ALONG SAID SOUTHERLY LINE 356.10 FEET TO THE EASTERLY LINE OF THE RIGHT OF WAY OF THE NORTHWESTERN PACIFIC RAILROAD COMPANY; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID RIGHT OF WAY TO THE NORTHERLY LINE OF FORD STREET; THENCE EASTERLY ALONG THE NORTHERLY LINE OF FORD STREET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE FOLLOWING: BEGINNING AT THE SOUTHEAST CORNER OF THAT CERTAIN REAL PROPERTY AS SHOWN ON A MAP FILED IN MAP CASE 2, DRAWER 27, PAGE 38, MENDOCINO COUNTY RECORDS; THENCE SOUTH 09° 47' WEST, 8.00 FEET; THENCE SOUTH 64° 17' EAST, 238.80 FEET; THENCE SOUTH 77° 01' EAST, 160 FEET, MORE OR LESS, TO THE CENTERLINE OF ORR CREEK; THENCE NORTHEASTERLY ALONG THE CENTERLINE OF ORR CREEK TO A POINT ON THE WESTERLY LINE OF ORR STREET; THENCE LEAVING THE CENTERLINE OF ORR CREEK AND ALONG THE WESTERLY LINE OF ORR STREET AND THE EAST LINE OF LOT 7 AS SHOWN ON THE "REVISED SUBDIVISION OF THE BRUNNER-BRIGGS ADDITION NO. 1" AS SHOWN ON A MAP FILED IN MAP CASE 1, DRAWER 3, PAGE 56, MENDOCINO COUNTY RECORDS, NORTH 02° 41'22" EAST, 310 FEET, MORE OR LESS,TO THE NORTHEAST CORNER OF LOT 7; THENCE LEAVING THE SAID WESTERLY LINE OF ORR STREET AND ALONG THE SOUTH LINE OF BRUSH STREET SOUTH 89° 24' 13" WEST (RECORD SOUTH 89° 08' WEST), 445.53 FEET TO THE NORTHEAST CORNER OF THAT CERTAIN REAL PROPERTY AS SHOWN ON A MAP FILED MAP CASE 2, DRAWER 27, PAGE 38, MENDOCINO COUNTY RECORDS; THENCE LEAVING THE SAID SOUTH LINE OF BRUSH STREET FROM A TANGENT THAT BEARS SOUTH 00°25'45" WEST ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 480.00 FEET, A CENTRAL ANGLE OF 23°37'18" AND AN ARC LENGTH OF 197.89 TO THE POINT OF BEGINNING. APN: 002-093-19-00 and 002-093-24 4 State of California Countyof Mendocino On March 6. 2012 before me Denise LaHa, Notary Public Date personally appeared *Jacqueline Williams* who proved to me on the basis of satisfactory evidence to be the person(s) whose name6 is/ e subscribed to the within instrume nd acknowledged to me that Q she hey executed the same in hi /h rheir authorized capacity(ies), and that by I{s/her/ eir 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. Place Notary Seal Above W ITN my ha d a ial seal. Signature of State of California DENISE LAHA Commission # 1891917 z Notary Public - California z Z ° Mendocino County D My Comm. Expires Jul 3, 2014 County of On °7'!2 , nc9ii before me Date personally appeared who proved to me on the basis of satisfactory evidence to be the person(e) whose name(s) is/are subscribed to the within instrument and acknowledged to me that11e/she/try executed the same in iris/herAheir authorized capacity(---s , and that by-hvis/her/t-keir signature(s) on the instrument the person, 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 m.y-hand and official seal. Place Notary Seal Above GSignva to?"e'of Notary Public LINDA C. BROWN Commission # 1941814 Notary Public - California Mendocino County Comm. Ex Ires Jul 19, 2015 5