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Grant Deed 2005-0967417 .' 10691 Recording Reauested by: Chicago Title Company Mail Tax Statements to and When Recorded Mail to: Poway Redevelopment Agency, a public body corporate and politic Revenue & Business Activity Manager 13325 Civic Center Drive Poway, CA 92064-5755 Title Order # 53050656-U53 Escrow No: 53050656E-MM APN 323-203-20-00 ~ DC,.; # 2005-0967417 '1IIIIilllllllllllllllllllllllllllllllllllllllllllllllllllll1111111111 ) ) ) ) ) ) ~/~ ) \\~ ) NOV 07,2005 3:18 PM ClFFICI,6,L RECClRD~; '=;,2.,:'_j DiEGO DJUNT"'( RECORDER'S iJFFICE !~if:EC,OF:Y.J :"MITH, COUNTY F:ECOF:DER FEES [1[1[1 OC OC PCl.f3E':; 2005-0967417 I illill 11111 111111111111111111111111111111111111111111 1111111111111111111111101 Space Above ror Recorder's Use Onlv GRANT DEED The undersigned declares that the documentary transfer tax is $ -0- NONE _ CITY OF POWAY IS EXEMPT FROM PAYMENT OF SAID TAX and is - computed on the full value of the interest or property conveyed or is - computed on the full value less the value of liens or encumbrances remaining thereon at the time of sale. FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, BSM Properties, LLC, a California Limited Liability Company hereby GRANT(S) to Poway Redevelopment Agency, a public body corporate and politic the following described real property in the County of San Diego, State of California: PARCEL 1: The Northerly 25 feet of the Southerly 250 feet ofthe East 50 rods of Lot 2 in Section 18, Township 14 South, Range 1 West, San Bernardino Base and Meridian, in the City of Poway, County of San Diego, State of California, according to the Official Plat thereof, EXCEPTING the Easterly 330 feet and the Westerly 155 feet thereof. PARCEL 2: An access and general utility easement over, under, along and across the Northerly 40 feet of the Southerly 250 feet of the East 50 rods of Lot 2 in Section 18, Township 14 South, Range 1 West, San Bernardino Base and Meridian, in the City of Poway, County of San Diego, State of California, according to the Official Plat thereof, EXCEPTING the Easterly 670 feet thereof. " I Or\! Or{) - \...AD 10692 Signature page to Grant Deed for Escrow #53050656E-MM Dated: October 4, 2005 BSM Properties, LLC, a California Limited Liability Company By: ~ ~~ Mark Abelkop Its: "." A!!'L!"..;:.r.c?~?: State of California) County of San Diego) On N-+ -:J 2~~ , before me, the unders1W\ed,A Notary Public in and for said State, personally appeared f'i\CLr C. A\-;).eI~P , personally known to me or proven to me on the basis of satisfactory evidence to be the person~ whose name~fe subscribed Rth~ within instrument and acknowledged to me at Viihe/~y executea the same in fus./lI6r/th,eir authorized capacity~), and that b hi r/th?fr signature~ on the instrument the personp', or the entity upon behalf of whIch e person~) acte6, executed the instrument. SS my hand and OffiC~S~~~_ COCK COMM. #1582007 n NOTARY PUBUC.cALIFORNtA =... SAN DIEGO COUNTY My Comm. e.pq. May 2&, 2008 106'93 CERTIFICATE OF ACCEPTANCE I, L. Diane Shea, as Secretary and agent for Poway Redevelopment Agency make the following certification on its behalf: This is to certify that the interest in real property conveyed by the Grant Deed dated /6 - 'f - 0 ~ from 8SM Properties, LLC, Grantor, to the Poway Redevelopment Agency, Grantee, a political corporation and/or governmental agency, is hereby accepted by the undersigned officer or agent on behalf of the Board of Directors pursuant to authority conferred by Resolution No. R-87-18 adopted on July 21, 1987, and the grantee consents to recordation thereof by its duly authorized officer or agent. --- Dated: /1-7-0\ POWAY REDEVELOPMENT AGENCY Seal: Byr(;~~ L. Diane Shea, Secretary N:\citylshare\certificate of acceptance-rda.doc .~ ....... I CAlJFORN~" LAND TITLE ASSOCIATION STANDARD COVERAGE POUCY 1990 CHICAGO TITLE INSURANCE COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, CHICAGO TITLE INSURANCE COMPANY, a Missouri corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount ofInsurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A beimg vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title: 4. Lack of a right of access to and from the land; and in addition, as to an insured lender only: 5. The invalidity or unenforceability of the lien of the insured mortgage upon the title; 6. The priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priority; 7. The invalidity or unenforceability of any assignment of the insured mortgage, provided the assignment is shown in Schedule B, or the failure of the assignment shown in Schedule B to vest title to the insured mortgage in the named insured assignee free and clear of all liens . The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title or the lien of the insured mortgage, as insured, but only to the extent provided in the Conditions and Stipulations. In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as of Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory_ Issued by: CHICAGO TITLE 2365 NORTHSIDE DRIVE, SUITE 600 SAN DIEGO, CA 92108 CHICAGO TITLE INSURANCE COMPANY ~~~) /I'1'A;~ L - By: ATTEST ~/~ if -,I ';~ ""iii , i~' . > 'l' if' ',f, . "', ~ ;~., . ~:':~,...,'V. "',Ii CLTA Standard Coverage Policy - 1990 Reorder Form No. 8223 (Reprinted 10/00) "11 I ,I , , ~I -,~ ,< ,I iifjl ,I '~ California Land Title Association Owner's Policy Your Ref: 53050656-EMM SCHEDULE A Amount ofInsurance: $172 , 600 . 00 Date of Policy: November 7, 2005 at 3: 18 PM Policy No. 53050656 Premium: $839.00 U52 1. Name of Insured: POWAY REDEVELOPMENT AGENCY, A PUBLIC BODY CORPORATE AND POLITIC 2. The estate or interest in the land which is covered by this policy is: A FEE AS TO PARCEL 1; AN EASEMENT MORE FULLY DESCRIBED BELOW AS TO PARCEL 2 3. Title to the estate or interest in the land is vested in: POWAY REDEVELOPMENT AGENCY, A PUBLIC BODY CORPORATE AND POLITIC 4. The land referred to in this policy is described as follows: PARCEL 1: THE NORTHERLY 25 FEET OF THE SOUTHERLY 250 FEET OF THE EAST 50 RODS OF LOT 2 IN SECTION 18, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, EXCEPTING THE EASTERLY 330 FEET AND THE WESTERLY 155 FEET THEREOF. PARCEL 2: AN ACCESS AND GENERAL UTILITY EASEMENT OVER, UNDER, ALONG AND ACROSS THE NORTHERLY 40 FEET OF THE SOUTHERLY 250 FEET OF THE EAST 50 RODS OF LOT 2 IN SECTION 18, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, EXCEPTING THE EASTERLY 670 FEET THEREOF. This Policy valid only if Schedule B is attached. CLTAOASa-10/13{95AA CHICAGO TITLE INSURANCE COMPANY California Land Title Association Owner's Policy Your Ref: 53050656-EMM SCHEDULE B Policy No. 53050656 U52 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: PARTI 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whetheror not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. PART II p 1. PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS COLLECTED WITH TAXES, FOR THE FISCAL YEAR 2005-2006. 1ST INSTALLMENT: 2ND INSTALLMENT: PENALTY AND COST: HOMEOWNERS EXEMPTION: CODE AREA: ASSESSMENT NO: $10,756.02 (PAID) $10,756.02 $1,085.60 (DUE AFTER APRIL 10) NONE 17005 323-203-20 AFFECTS: THE HEREIN DESCRIBED LAND AND OTHER LAND. A 2. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. w 3. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: BEVERLY W. RIMBACH, A SINGLE MAN ROAD AND PUBILIC UTILITY DECEMBER 29, 1958 IN BOOK 7417, PAGE 293, OFFICIAL CL.TAOB88-10/13j95AA CHICAGO lITLE INSURANCE COMPANY Policy No. 53050656 -U52 Page 1 SCHEDULE B (CONT.) Part II AFFECTS: RECORDS THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. SAID EASEMENT HAS BEEN CONVEYED AND/OR RESERVED IN VARIOUS OTHER INSTRUMENTS OF RECORD. H 4. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: SAN DIEGO GAS & ELECTRIC COMPANY PUBLIC UTILITIES, INGRESS AND EGRESS SEPTEMBER 20, 1977 AS FILE NO. 77-384873, OFFICIAL RECORDS THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. AFFECTS: I 5. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY PUBLIC UTILITIES, INGRESS AND EGRESS SEPTEMBER 26, 1978 AS FILE NO. 78-410666, OFFICIAL RECORDS THE EASTERLY 5 FEET OF THE SOUTHERLY 199.16 FEET AFFECTS: K 6. A DOCUMENT ENTITLED "COVENANT REGARDING REAL PROPERTY", DATED SEPTEMBER 15, 2003 EXECUTED BY BSM PROPERTIES, LLC, PROPERTY OWNER AND THE CITY OF POWAY, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED OCTOBER 24, 2003 AS FILE NO. 2003-1301147 OF OFFICIAL RECORDS. L 7. A DOCUMENT ENTITLED "COVENANT REGARDING REAL PROPERTY", DATED MAY 11, 2004, EXECUTED BY BSM PROPERTIES, LLC AND CITY OF POWAY, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED MAY 18, 2004, AS DOCUMENT NO. 2004-0451056, OFFICIAL RECORDS. M 8. ANY RIGHTS, INTERESTS OR CLAIMS WHICH MAY EXIST OR ARISE BY REASON OF THE FOLLOWING MATTERS DISCLOSED BY AN INSPECTION: A) A DIRT ROAD NAMED "OTIS POST WAY" CROSSES SAID LAND ALONG THE WESTERLY AND SOUTHERLY PORTIONS. K 9. A DOCUMENT ENTITLED "COVENANT REGARDING REAL PROPERTY", DATED OCTOBER 7, 2005 EXECUTED BY AND BETWEEN BSM PROPERTIES, LLC AND THE CITY OF POWAY, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED OCTOBER 20, 2005 AS FILE NO. 2005-0910787, OFFICIAL RECORDS. R END OF SCHEDULE B CLTA88C - 12/16/88 Policy No. 53050656 -U52 Page 2 SCHEDULE B (CONT.) 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