Grant Deed 2016-0674888OFFICIAL BUSINESS
Document entitled to free
recording per California Government
Code Section 27383
RECORDING REQUESTED BY, —CkcC�V Z1J,(Q-
AND WHEN RECORDED, MAIL TO:
Wes' k � j €� +v
The City of Poway
13325 Civic Center Drive
Poway, California 92064
Attn: City Clerk
APN: 323 - 501 -02
DOC# 2016- 0674888
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Dec 08, 2016 03:54 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00
PCOR: YES
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SPACE ABOVE THIS LINE FOR RECORDER'S USE
EXEMPT FROM DOCUMENTARY TRANSFER TAX PER
CALIFORNIA REVENUE AND TAXATION CODE SECTION 11922
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GRANT DEED %CPCn
(13875 Kirkham Way, Poway, California)
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the
SUCCESSOR AGENCY TO THE POWAY REDEVELOPMENT, a public body, corporate and politic,
herein called the "Grantor" hereby grants to the CITY OF POWAY, a municipal corporation, herein
called the "Grantee ", the real property described in the Legal Description attached hereto as
Exhibit A, incorporated herein by this reference (the "Property"), in accordance with and subject
to the covenants, conditions and restrictions set forth in this Grant Deed (this "Grant Deed ").
Whenever the term "Grantee" is used in this Grant Deed, such term shall include any and
all successors and assigns of the Grantee in and to the Property, or any interest therein or any
portion thereof.
1. Nondiscrimination. The Grantee herein covenants by and for itself, its heirs,
executors, administrators and assigns, and all persons claiming under or through them, that there
shall be no discrimination against or segregation of, any person or group of persons on account
of race, color, creed, religion, sex, marital status, national origin or ancestry in the.sale, lease,
sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall
the Grantee itself or any person claiming under or through the Grantee, establish or permit any
such practice or practices of discrimination or segregation with reference to the selection,
Grant Deed
location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the
land herein conveyed. The foregoing covenants shall run with the land.
The Grantee shall refrain from restricting the rental, sale or lease of the Property
on the basis of race, color, religion, sex, marital status, ancestry or national origin of any person.
All such deeds, leases or contracts shall contain or be subject to substantially the following
nondiscrimination or nonsegregation clauses:
(a) In Deeds: "The grantee herein covenants by and for himself or herself, his
or her heirs, executors, administrators, and assigns, and all persons claiming under or through
them, that there shall be no discrimination against or segregation of, any person or group of
persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the California
Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and
paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the California
Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of
the premises herein conveyed, nor shall the grantee or any person claiming under or through him
or her, establish or permit any practice or practices of discrimination or segregation with
reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants,
sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with
the land."
(b) In Leases: "The lessee herein covenants by and for himself or herself, his
or her heirs, executors, administrators, and assigns, and all persons claiming under or through
him or her, and this lease is made and accepted upon and subject to the following conditions:
"That there shall be no discrimination against or segregation of any person or
group of persons, on account of any basis listed in subdivision (a) or (d) of Section
12955 of the California Government Code, as those bases are defined in Sections
12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section
12955, and Section 12955.2 of the California Government Code, in the leasing,
subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises
herein leased nor shall the lessee himself or herself, or any person claiming under
or through him or her, establish or permit any such practice or practices of
discrimination or segregation with reference to the selection, location, number,
use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees in the
premises herein leased."
(c) In Contracts: "There shall be no discrimination against or segregation of
any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section
12955 of the California Government Code, as those bases are defined in Sections 12926, 12926.1,
subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the
California Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or
enjoyment of the land, nor shall the transferee itself or any person claiming under or through
him or her, establish or permit any such practice or practices of discrimination or segregation
Grant Deed
with reference to the selection, location, number, use, or occupancy, of tenants, lessees,
sublessees, subtenants, or vendees of the land."
2. Violations do not Impair Liens. No violation or breach of the covenants,
conditions, restrictions, provisions or limitations contained in this Grant Deed shall defeat or
render invalid or in any way impair the lien or charge of any mortgage or deed of trust or security
interest made in good faith and for value as to the Property, whether or not said mortgage or
deed of trust is subordinated to this Grant Deed; provided, however, that any subsequent owner
of the Property, or any interest therein or any portion thereof, shall be bound by such remaining
covenants, conditions, restrictions, limitations and provisions, whether such owner's title was
acquired by foreclosure, deed in lieu of foreclosure, trustee's sale or otherwise.
3. Covenants Run with Land. All covenants contained in this Grant Deed shall be
covenants running with the land. All of the Grantee's obligations and covenants hereunder shall
remain in effect in perpetuity.
4. Covenants for Benefit of Grantor. All covenants without regard to technical
classification or designation, legal or otherwise, shall be, to the fullest extent permitted by law
and equity, binding for the benefit of the Grantor and its successors and assigns, and such
covenants shall run in favor of, and be enforceable by, the Grantor and its successors and assigns,
against the Grantee, its successors and assigns, to or of the Property conveyed herein or any
portion thereof or any interest therein, and any party in possession or occupancy of the Property
or portion thereof, for the entire period during which such covenants shall be in force and effect,
without regard to whether the Grantor is or remains an owner of any land or interest therein to
which such covenants relate. The Grantor and its successors and assigns, in the event of any
breach of any such covenants, shall have the right to exercise all the rights and remedies and to
maintain any actions at law or suits in equity or other proper proceedings to enforce the curing
of such breach.
5. Revisions to Grant Deed. Both the Grantor, its successors and assigns, and the
Grantee and the Grantee's successors and assigns in and to all or any part of the fee title to the
Property shall have the right with the mutual consent of the Grantee and the Grantor to consent
and agree to changes in, or to eliminate in whole or in part, any of the covenants, or restrictions
contained in this Grant Deed without the consent of any tenant, lessee, easement holder,
licensee, mortgagee, trustee, beneficiary under a deed of trust or any other person or entity
having any interest less than a fee in the Property. The covenants contained in this Grant Deed,
without regard to technical classification, shall not benefit or be enforceable by any owner of any
other real property within or outside a Redevelopment Project Area, or any person or entity
having any interest in any other such realty.
Grant Deed
6. No Merger. None of the terms, covenants, agreements or conditions heretofore
agreed upon in writing in other instruments between the parties to this Grant Deed with respect
to obligations to be performed, kept or observed by the Grantee or the Grantor in respect to the
Property or any part thereof after the conveyance of said Property shall be deemed to be merged
with this Grant Deed.
Administration. Whenever a reference is made in this Grant Deed to an action,
finding, determination or approval to be undertaken by the Grantor, the Executive Director of
the Grantor or designee is authorized to act on behalf of the Successor Agency unless specifically
provided otherwise or the context should require otherwise. Notwithstanding the foregoing, the
Executive Director of the Grantor may in his or her sole and absolute discretion refer any matter
to the Successor Agency Board of Directors for action, direction or approval.
Grant Deed
IN WITNESS WHEREOF, the Grantor and the Grantee have caused this instrument to be
executed on their behalf by their respective officers hereunto duly authorized this day of
u y ,()J f_ rrPC • , 2016.
"GRANTEE"
CITY OF POWAY,
a municipal corporation
M
Tina White, City Manager
Attest:
By:
Na cy -eAeid,Gty Clerk
Approved as to form:
By:
Mor n F le ��j
City Attorney
"GRANTOR"
SUCCESSOR AGENCY TO THE POWAY
REDEVELOPMENT AGENCY,
a public body, corporate and politic
By: 6&�
W4-,�
Tina White, Executive Director
Attest:
By:
a y 4eufeld, Agency Secretary
Approved as to form:
KANE, BALLMER & BERKMAN
By: � Gt� �5. hliz s
Deborah L. Rhoads
Grant Deed
Agency Special Counsel
V.4mmirara
LEGAL DESCRIPTION
LOT 2 OF CITY OF POWAY TRACT NO. 00 -01, IN THE CITY OF POWAY, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, AS PER MAP THEREOF NO. 14230,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON
JUNE 19, 2001
APN: 323 - 501 -02
Grant Deed
Legal Description
California All-Purpose Acknowledgment CIVIL CODE § 1189
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 SAN DIEGO
On November 16, 2016 before me, Carol S. Legg, Notary Public, personally appeared
Tina White, who proved to me on the basis of satisfactory evidence to be the person(4 whose
name{} is /afe subscribed to the within instrument and acknowledged to me that 4e /she /t4ey
executed the same in 4+s /her /the4 authorized capacity(+es), and that by 4+s /her /t#e4
signature{} on the instrument the personks}, or the entity upon behalf of which the person44
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.
waam"a ama CAROL. S. LEGG
# 2105416
< -i Notary Public - California
Z z San D1w Cm*
I My >
Comm. Expilros Apr 2e 2019 Carol S. Legg, Notary Public
OPTIONAL
Title or type of document: Grant Deed, 13875 Kirkham Way, Poway, CA (APN 323 - 601 -02)
Document Date: Undated
Number of Pages: Four, plus Exhibit A. Tina White signing as City Manager for the City of
Poway (Grantee)
Signers Other Than Named Above: Nancy Neufeld, City Clerk (Attest), Morgan Foley, City
Attorney (Approved as to Form), Deborah L. Rhoads, Agency Special Counsel (Approved as to
Form).
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Grant Deed dated
� ( —\ �0 1 lP , 2016, from the SUCCESSOR AGENCY TO THE POWAY
REDEVELOPMENT AGENCY, a public body, corporate and politic, to the CITY OF POWAY, a
municipal corporation, is hereby accepted by the undersigned officer on behalf of the City Council
of the City of Poway pursuant to authority conferred by the City Council through Resolution No.
16 -041 adopted on July 19, 2016, and the Grantee consents to recordation thereof by its duly
authorized officer.
Dated:
APPROVED AS TO FORM:
By: " &P,
Mor n Fo e
City hey
"GRANTEE"
CITY OF POWAY,
a municipal corporation
ey u
Tina White
City Manager
Grant Deed
Certificate of Acceptance
California' Ail- Purpose Acknowledgment CIVIL CODE § 1189
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 SAN DIEGO
On November 16, 2016 before me, Carol S. Legg, Notary Public, personally appeared
Tina White, who proved to me on the basis of satisfactory evidence to be the personks} whose
names} is /ai`e subscribed to the within instrument and acknowledged to me that #e /she /#*eye
executed the same in 4+s /her /tom authorized capacity(+es), and that by #+s /her /t#e+l=
signature{s4 on the instrument the person{s4, or the entity upon behalf of which the person{
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.
rA
CAROL S. LEGG
Commission # 2105416
Notary Public - California i
San Diego County
MV Comm. Expires A r 28, 201x Carol S. Legg, Notary PUlic
OPTIONAL
Title or type of document: Grant Deed, 13875 Kirkham Way, Poway, CA (APN 323 - 601 -02)
Document Date: Undated
Number of Pages: Four, plus Exhibit A. Tina White signing as Executive Director for Successor
Agency to the City of Poway (Grantor)
Signers Other Than Named Above: Nancy Neufeld, City Clerk (Attest), Morgan Foley, City
Attorney (Approved as to Form), Deborah L. Rhoads, Agency Special Counsel (Approved as to
Form).