Grant Deed 2003-0690580
,. , '- . . DOC'
, 2003-0690580
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MAIL TAX STATEMENTS' TO ) OFFICIAL RECORDS
AND'WHEN RECORDED MAIL TO' ) SAlt DIEGO COUHlY RECORDER'S OFFICE
) G~:EGORY J. SMITH. COUNTY RECORDER
Poway.Manufactured Home Communities, LLC ) FEES: 55.00
625 Broadway, Ste 611 ) DC: AFNF
San Diego, CA 92101 \
~ - Attention: Ken Sauder, Execuiive Pirector ~ 11111111111111111 11111 111~~!~!!1~9~~J!111111111111111111 11111111 1
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;; 7:5 . / '17 - ?Q This document is cxemptfrompayrnent of a'recording fee
~ 7..3 pursuant-to Government Code'Section 27383. 4
51 LJ '22.0 - is if 8
314. - c.:'Z:J - O~-I e>1j,~
\Of Documentary Transfer Tax: $ f2J' - -r;. ~,..,.v{;".r );,"',..,..., pu 6h c. 3
oc... Based on full value of property conveyed
,con GRANT DEED
For valuable consideration, receipt of which is hereby- acknowledged,
The POW A Y REDEVELOPMENT AGENCY, a public body, corporate and politic (the
"Agency"),. effective as.of June 10,2003, hereby grants to POWAYMANUFACTURED HOME
COMMUNITIES, LLC, a California limited liability company ("Purchaser"), the real property
hereinafter referred to as the "Site," described in Exhibit A attached' hereto and incorporated herein,
subject to the.existing easements, restrictions and covenants ofrecord' described there.
1. Reservation of l\1!neraI.Rights. Agency excepts. and reserves from the conveyance
hereindescribecl all interestoftheAgency in oil, gas, hydrocarbon substances and minerals of every
kind and characterlyingmore than.five hundred (500) feet below the surface, together with the right
to drill into, through, and to use and occupy all parts of the Sitelyingmore than five hundred (500)
feet below the surface thereofforanyimd all purposes incidental to the exploration for and
production of oil, gas,. hydrocarbon substances or minerals from,said Site or other lands, but without,
however, any right to use either the surface of the Site or any portion thereof within five hundred
(500)feet,ofthe surface for any purpose or purposes whatsoever, or to use the Site in such a manner
as to create a disturbance to the use or enjoyment ofthe Site.
2. Conveyance in Accordance With Mobilehome.Park Sale and Operating
Agreement; The Site is conveyed in accordance with and subject to the M6biJehome Park'Sale and
Operating Agreeinententered into between Agency and Purchaser dated April 29, 2003 (the
"Purchase Agreement"); a'copy of which. is on file with the Agency-at its offices as a public record
and which.is incorporated herein by reference. The Purchase Agreement requires the Purchaser to
operate and:maintaiiHhe existing mobi1ehome parks on the Site in perpetuity, and other requirements
as set forth therein. Alltenns used herein shall have the same meaning as those used in the Purchase
Agreement.
3. Pei'fuitted,Uses, The Purchaser covenants and agrees for itself, its successors, its
assigns, and every' successor in interest to the Site or any part thereof, that upon the date ofthis Grant
Deed and thereafter, the Purchaser shall devote the Site to the uses specified in this Grant Deed for
the periods oftiine specified therein. All uses conducted on the Site, including, without limitation,
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DOCSOC\969 I 97v2\22345 .0078
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all activitiesu]1dertaken by the Purchaser pursuant to the Purchase Agreement, shall conform to the
Purchase Agreementand all applicable provisions of the City Municipal Code. The foregoing
covenants shall.run with the land.
4. Restrictions.on Transfer. The Purchaser furtheragreenhat no voluntary or
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involuntary successor in interest ofthe Purchaser shall acquire,any rights or powers under the
Purcliase Agreement or this.Grant Deed, nor shall the Purchaser make any total or partial sale,
transfer, conveyance, assignment, subdivision, refinancing or lease of the whole or any part of the 1
Site or the Parks thereon, except as permitted or approved by the Agency pursuant to Section 604 of
the Purchase Agreement. 9
5. Binding on Successors. All of the terms, covenants and conditions of this Grant 4
Deed shall be binding upon the ,Purchaser and the permitted successors and assigns of the Purchaser. 8
Whenever the term "Purchaser:' is'used in this Grant Deed, such term shall include any other 4
successors and assigns as hereinprovided.
6. Nondiscrimination. The Purchaser herein covenants by and for itself, its heirs,
executors, admimstrators 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 Purchaser
itself or any person claiming,under or through Purchaser, 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, subtenants, sub1essees or vendees in the land herein conveyed. The
foregoing covenants shall run with the land.
The Purchaser shall refrain from restricting therenta1, sale or lease of the Site 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, administb'llors and:assigns, and all persons claiming under or through them, that
there shall be no discrimination against or segregation of"anyperson 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.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'oftenants, lessees, subtenants, sub1essees or vendees.in the land 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.lhis 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 race, color, creed, religion, sex, marital status, national
origin, or ancestry in the leasing, subleasing, transferring, use, occupancy, tenure, or
enjoymentofthe 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
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DOCSOC\969197v2\22345.0078
c. . .
practices of discrimination or segregation with reference to the selection, location,
number, use, or occupancy of tenants, lessees, sub lessees, subtenants, or vendees in
the premises herein leased."
(c) In contracts pertaining to the disposition of the realty. "There shall be no
discrimination against of 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 premises, norshall the transferee himself or herself or 1
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 9
tenants, lessees, subtenants, sublesseesor vendees of the premises." 4
7. Violations Do. Not Impair Liens. No violation or breach of the covenants, 8
conditions, restrictions, provisions or limitatio-ns contained in this Grant Deed shall defeat or render 5
invalid or in.any way impair the lien or charge of any mortgage or deed of trust or security interest
permitted by paragraph 4 of this Orant Deed.
8. Covenants Run With Land. All covenants contained in this Grant Deed
shall be covenants running with the land. All of Purchaser's obligations hereunder, except as
otherwise provided hereunder, shall remain in effect in perpetuity Every covenant contained in this
Orant Deed against discrimination contained in paragraph 6 of this Orant Deed shall remain in,effect
in perpetuity
9. Covenants For Benefit of Agency. All covenants without regard to
technical classification or designation shall be binding for the benefit of the Agency, and such
covenants shall run in favor of the Agency for the entire period during which such covenants shall be
in force and effect, without regard to whether the Agency is or remains an owner of any land or
interest therein to which such covenants relate. The Agency, 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.
10. Revisionsto Grant Deed. Both Agency, its successors and assigns, and
Purchaser and the successors and assigns of Purchaser in and to all or any part of the fee title to the
Site shall have the right withlhe mutual consent of the Agency to consent and agree to changes in, or
to eliminate in whole or in part; any of the covenants, easements or restrictions contained in this
Ora!)t 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 Site. However, Purchaser and Agency are obligated to give written notice to and obtain the
consentof any first mortgagee prior to consent or agreementbetween the parties concerning such
changes' to this Grant Deed. The covenants contained in ihis Orant Deed, without regard to technical
classification, shall not benefit or be enforceable by any owner.of any other real property within or
outside the City,or Agency's Redevelopment Project Area, or any person or entity having any
interest in any other such realty
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DOCSOC\969197v2\12345.0078
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AGENCY
POWAY REDEVEl;OPMENT AGENCY, a public
body, corporate and politic
BY' ~-J~}fJb,i 1
9
4
ATTEST: 8
6
PURCHASER:
POW A Y MANUFACTURED HOME
COMMUNITIES, LLC, a California limited liability
company
BY' Wakeland Housing and Development
Corporation, a California nonprofit public
benefit corporation
By' ))~ L )cJ1
Kenneth L. Sauder, Executive Director
.
4
DOCSOC\969197v2\22345.0078
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STATE OF'CALIFORNIA )
S; S1 ) ss.
COUNTY OF ^. Q~\) )
On -S~ '()1Dh~ ,beforeme))\u.e\Ql\~\M. )\\~\~~),NotaryPUb]iC'
1 (Print Name of-Notary Public)
personally appeared ~~\l.~ l m"}t\~ 1
9
~ personally known tome 4
o ~~:~ed to me on the 'basis of satisfactory evidence to be the person(s) whose name(s) is/are 8
subscribed to the within instrument and acknowledged to me that he/she/they executed the same 7
in his/her/their~uthorized capaCity(ies), and that by his/her/their signature(s) on the instrument the
r,; - - re~.~~.upon behalfofwhlch the person(s) acted, executed the Instrument.
M1CH8JfPAlJUNEH~~~1T r
_. Commission # 1298219 z ~thand and offiCIal seal.
~ ... Notary Public - California ~ ~ \
L: San Diego County t \ \ \ \
_ _ _My~r:Ex::re<~i3..:.~ \ ~ \ ~ \ ~ ~
Sib'11ature Of Notary
OPTIONAL
Though the data below is not required by'Iaw, it may prove valuable to persons relying on the document and could prevent
.fraudulent reattaclunent of this form.
CAP AClTY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
o Individual
o Corporate Officer
Title(s) Title Or Type Of Document
o Partner(s) 0 Limited
o General
o Attorney-In-Fact
o Trustee(s)
o Guardian/Conservator Number Of Pages
o Other
Signer is representing:
Name.OfPerson(s) Or. Entity(ies)
Date Of Documents
Signer(s) Other Than Named Above
1
DOCSOC\969197v2\22345.0078
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STATE' OF CALIFORNIA )
COUNTY OF S-~'\ )1~~\) ) ss.
)
On --:)\J'i\1 \C'>JH~ ,beforeme,~\\k\\~~f\\)\YM.,~\~~\\NotaryPUbliC'
~ l (Print Name of Noci,y Public)
personally appeared . '\\ i\.L\\1\ ~ \') ~.\l..-( 1
~
personally known to me 9
-or- 4
0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged'to me that he/she/they executed the same 8
in hislher/their authorized capacity( ies), and that by hislherltheir signature( s) on the .instrument the 8
person s o t e r pon behalf of which the person( s) acted, executed the instrument.
. MlCHRlfPAUUNEHEflERGOlT WITNESS my hand and official seal. Y-
. ~ Commis;ion ~ 1298219z
~ ..&. ',Notary Public - Calif()mia '~ \)\~\~ ~(\\';\\\~~\,,\~~
i -,. San DIego County f
Mi r"cmm. ExpO,es M:JrZl. =
---------~................--- Signature Of NOlary
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
D Individual
D Corporate Officer
Title(s) Title Or Type Of Document
D Partner(s) D Limited
D General
D Attomey-IncFact
D Trustee(s) Number Of Pages
D Guardian/Conservator
D Other:
Signer is repn::sef1~ng:
Name OfPerson(s) Or Eritity(ies)
Date Of Documents
Signer(s) Other Than Named Above
DOCSOC\969197v2\22345.0078
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EXHIBIT A
LEGAL DESCRIPTION OF SITE
PARCEL A.
PARCEL 3 OF PARCEL MAP NO 19198, IN THE CITY OFPOWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORN1A,ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE SAN DIEGO COUNTY \
RECORDER APRIL 1, 2003 AS FILE NO, 2663c0363326, OFFICIAL RECORDS. q
PARCEL B' 4
PARCEL 2 OF PARCEL MAP NO, 1607,8; ~THEC1TYOF PO WAY, COUNTY OF SAN DIEGO, STATE OF ~
~
CALIFORNIA, ACCORDINGTOMAP THEREOF FILED IN THE OFFICE OF THE SAN DIEGO COUNTY
RECORDER MAY 4, 1990 AS FILE' NO 90-244918, OFFICIAL RECORDS. A
DOCSOC\969197v2\22345.0078
"
~ITY OF POWA'
MICKEY CAFAGNA, Mayor
BETTi REXFORD, Depllty Mayor
BOB EMERY lAlUncilmemher
rAY GOLDBY, COllncilml"mher
DON HIGCiINSON, Cuuncllmemher
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO) ss. 1
CITY OF POWAY ) 9
4
I, Lori Anne Peoples, Secretary of the Poway Redevelopment Agency, City of 8
Poway, California, hereby certify under penalty of perjury that I have compared the 9
foregoing copy with the original Redevelopment Agency Minutes of April 29, 2003, and
that the same is a full, true and correct copy thereof and has not been amended.
Dated June 10,2003
~
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~
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City Hall Located at 13 U5 Civic Ccnter Drivc
Mailing Addrcss: PO Box 789, Poway, California 92074-0789 · (858) 748-6600, 695-1400
<:t) f'L'. o:i fm Recl!' . P;i!H.:.r FAX 748-1455
. . .
CITY OF POWAY, CALlFORNA
MINUTES OF THE POWA Y REDEVELOPMENT AGENCY
REGULAR NiEEtlNG
,
APRIL 29, 2003
The April 29, 2003, Regular Meeting of the Poway Redevelopment Agency
was called to order at 7:00 p;m" by Chairman Cafagna at the Poway Community 1
Library - Meeting Room, 13137 Poway Road, Poway, California, 9
DIRECTORS PRESENT 4
Bob Emery, Jay Goldby, Betty Rexford, Mickey Cafagna 9
0
-
DIRECTORS ABSENT
Don Higginson
STAFF MEMBERS PRESENT
James Bowersox Executive Director
Penny Riley Deputy Executive Director
Deborah Johnson Assistant Executive Director
Steve Eckis General Counsel
Lori Anne Peoples Secretary
PUBLIC ORAL COMMUNICATIONS
Chairman Cafagna explained the procedure for Public Oral Communications,
There was no one present wishing to speak.
ITEM 11 (40f>.o.02l704-16R)
BOND SALES
POINSETTIA MOBILEHOMEPARKS SALE
Staff report by Executive Director Bowersox. Tl)e Poway Redevelopment Agency
purchased the Poinsettia Family and Senior Mobilehome Parks in 1988, The City of
Poway has manl:fged the Parks since 1990. On July 20, 1999, the City
Council/Redevelopment Agency adopted a long-term Goal for the divestiture of the
Redevelopment Agency-owned mobilehome parks. On January 15, 2002, the
Redevelopment Agency reviewed a status rElPort on the sale of the Poinsettia
Mobilehome Parks; the report requested authorization to solicit proposals from fIVe
nonprofit finalists, The City Council/Redevelopment Agency authorized staff to seek
formal proposals from nonprofit organizations to purchase the Poinsettia Parks.
2893
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Page 2 - POWAY REDEVELOPMENT AGENCY c.April29, 2003
On June 11, 2002, a status report was presented .to the City Council/Redevelopment
Agency authorizing an Exclusive Negotiating Agreement (ENA) with Wakeland
Housing and Jamboree Housing,
Agency goals for the sale were to 1) ensure a seamless transfer; 2) continue the
existing rent structure; 3) maintain and improve the physical condition of the parks; 1
4) continue to develop positive relationships with all park residents; 5) continue to 9
promote mobilehome living as part of the continuum of housing opportunities within
the community and 6) have resident involvement in the transition process. 4
9
Executive Director Bowersox then noted for the record, that on page 4 of 8 of the 1
Agenda report, first paragraph, it would be the Agency that will loan Wakeland -
Housing the funds not the City . In the second paragraph, the Agency will receive
annual payments not the City. On Page 5 of 8 Items 3 and 4 should read the City
not City/RedevelopmentAgency. Additionally, as part of this action $437,500 will be
transferred proportionally from the existing Capital Replacement Funds,
The following people were present wishing to speak:
Ed Carboneau, 14073 Pomegranate Avenue, spoke in opposition.
Joyce Leventhal-Lodado, 15005 Orchid, inquired as to when the wall and Orchid
Avenue improvements would 'be completed,
Steve Kuptz, 16105 Del Norte, Chairman of Wakeland Housing, spoke in support
and responded to questions'ofthe Board.
Motion by Vice Chairwoman Rexford, seconded by Director Emery, to authorize the
sale of the Parks, issue bOnds and authorize the ~ecutive Director to execute
necessary documents in 8'form acceptable to Special Counsel. Motion carried 4..()
with Director Higginson absent.
ADJOURNMENT
ChairmanCafagna adjourned the meeting a1.8:59 p.m., on motion by Director
Emery, seconded by Director Goldby. Motion carried 4-0 with Director Higginson
absent.
\
I
Lo Anne Peoples, Secreta
Poway Redevelopment Agency
. 2894