Grant Deed 2003-1354315
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RECORDING REQUES;EDBY:.
NORTH A,MERICAN TITLE
T~IGINAL OF THIS DOCUMENT
WAS 'RECORDED ONNOV 07, 2003
DOCUMENT NUMBER 2003-135-4315
GREGORY J.SMITH, ClJUNTVRECORDER
SANDIEGO'COUNTV RECORDER'S'OFFICE
TIME: .3:57 PM
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)
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Haley Ranch Estates Housing Associates, L.P,)
1820 Escondido Boulevard, Suite 101 )
Escondido, California 92025 )
Attention: Executive Director )
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RECORDING REQUESTED BY,
NUULTAX STATEMENTS TO
AND WHEN RECORDED !\trAIL TO:
JJ-707/li-9J
This document is exempt from payment of a recording fee
pursuant to Government Code Section 27383.
GR4.NT DEED
For valuable consideration, receipt of which is hereby acknowledged,
The POWAY REDEVELOPMENT AGENCY, a public body, corporate and politic (the
"Agency"), acting to carry out the Redevelopment Plan ("Redevelopment Plan") for the Paguay
Redevelopment Project (the "Project'), under the Community Redevelopment Law of California,
hereby grants to HALEY RANCH EStATES HOUS~G ASSOCIATES,.L.P., a California
I imi ted partnership- (" Purchaser"t as. of S eptem ber 2;-2003;- the real' property hereinafter referred' to'
as the "Improvements," described in Exhibit A attached hereto,and ,incorporated herein, subject to
existing easements, restrictions and covenants ofrecord,
L Conveyance~in Accordance With Redevelopment Plan, Lease. The Improvements
are conveyed in accordance with and subject to a Lease entered into between Agency and Purchaser
dated September 26,2000 (the "Lease"), a copy of which is on file with the Agency at its offices as a
public record and which is incorporated herein by reference, A Memorandum of Lease was recorded
in the Official Records of San Diego County on October 24,2000 as Instrument No, 2000-0571729,
Pursuant to the Lease, the Agency has leased the land underlying the Improvements (the "Site") to
the Purchaser. All ternlS used herein shall have the same meaning as those used in the Lease, The
Improvements are conveyed subjectto the Redevelopment Plan for the PagmiyRedevelopment
Project which was approved and adopted by Ordinance No, 117 and amended by Ordinance No, 415
of the City Council ofthc City of Po way,
2. Description of Improvements. There presently are various improvements situated
on the Site, including,sixry-five residential dwelling units and appurtenant improvements (the
"Improvements"),The term "Improvements" is not intended,toinclude, and.shall notbe construed to
include, (i) any interest in the'Site, or (ii) items of personal property which, by their character and
nature, are not adaptable topermanent.affixation to the Improvements or the Site and are not so
permanently affixed (which items of personal property are concurrently being conveyed by the
Agency to the Purchaser through a separate, unrecorded Bill of Sale), The Improvements shall at all
times remain real property,
3, Permitted Uses, The Purchaser covenants and agrees for itself, its successors, its
Clssigns, and everysucccssorin interest to the Site or arty part thereof, that upon the date of this Grant
Deed and thereafter, the Purchaser shall devote the Improvements to the llses specified in the
Redevelopmcnt Plan and the Lease for the periods of time specified therein,
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4. ,Restrictions on,Transfer. The Purchaser further agrees that for the period
commencing upon the..date of.this Grant Deed andur\tiLthe,expirationofthe,term oftpe Lease, no
voluntaryorinvolu!ltary successor in interest of the Purchaser'shall acquire, any rights or powers
" - ,
underthe Lease oi: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 otithe
Improvements, except as permitted or approved in writing by the Agency pursuant to Section J 40f
the Lease,
5: Binding on Successors. All of the terms, covenants and conditions of this Grant
Deed shall be binding upon the Purchaser and the permitted successors and assigns,ofthe Purchaser.
Whenever the term "Purchaser" is used in this Grant Deed, such term shall include any other
successors 'and assigns as herein provided,
:6.. Nondiscrimination. The , Purchaser herein covenants by an'd for itself, its heirs,
executors, administrators and assigns, and all personsclaiming'underor through them, that there
shall be'TIO 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 Improvements 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, sublessees or vendees in the Improvements
herein conveyed, The foregoing covenants shall run with the'larid,
The Purchaser shall refrain from restricting the rental, sale or lease of the
Improvements 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 race, color, creed, religion, sex, marital status, national origin or !lncestry inthe sale, lease,
sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall,the
grantee or any person claiming,under or twough 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, Jessees, subtenants, sublessees or vendees in the real property herein conveyed,
The foregoing covellants'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 race, color, creed, religion, sex, marital status, national
origin, or ancestry 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"
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(c) In contracts pertaining to the disposition of the realty: 'There shiillbeno
discriminatiollagairist ot"segregatibn of,. any person, or group of persons on'accounl of race, color,
creed, religion, sex, mariiaLstatus, national origin, or'ancestry, in the,sale, lease, sublease, transfer,
use, occupancy, tenure or enjoyment, of the, premises, nor shall the transferee himself or'herseif or
any person claiming,under or through him orher"establish or permit any such practice orprachces,of
discrimination or segregation with reference 'to the selection, location, number, use or occupancy of
tenants, lessees, subtenants, sublesseesor vendees of the premises,"
7. VioIations'DoNotImpair 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
permitted under, the Lease,
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,providedhereunder,shallterminate and shall become null;and void upon the expiration,of
the effectiveness of the Lease, as it may be extended, Every covenant contained in,this Grant Deed
against discrimination contained in paragraph 6 of this Grant Deed shall remain in effect in
perpetuity,
9. Covenants For Benefit'of Agency. All covenants without regard to
technical classification or desigtjation,shall be binding for the benefit of the Agency, and.such
covenants shall run in favoiofthe A,gency forthe 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 righttoexercise all the rights and remedies and to maintain any actionsai.
lawor suits in equity or other proper proceedings to enforce the,curlng,ofsuch breach,
10. Revisions to Grant Deed. Both Agency, its successors and assigns, and
Purchaser and the successors and.assigns,ofPurchaser iUilTId to.all'or,any part of title to the
Improvements shall have the right with the mutual consent ofthe Agency and the Purchaser to
consent and agree to changes in, or to eliminate in whole or in part, any of the covenants, easenients
or restrictions contained in'this Grant Deed without the consent of any tenant, lessee, easement
holder, licensee, mortgagee, trustee, beneficiary under a deedoftrtist or any'other person or entity
having any interest less than a fee in the Improvements, However, Purchaser and Agency are
obligated to give written notice to and obtain the consent of any first'mortgagee prior to consent or
agreenient betWeen'theparties:conceming such changes to this Grant Deed, The covenants contained
in this GrantDeed, without regard to technical Classification, shall not benefit or be enforceable by
any owner of any other real property within or outside the Project Area, or any person or entity
having any interest,in any other such realty, other than Agency and Purchaser. No amendment to the
Redevelopment Plan shalLrequire the c~msentof the' Purchaser, but no: such :aniendment shall
diminish or restrict the Purchaser's rights or expand the Purchaser's obligations hereunder or under
the Purchase Agreement without the Purchaser's consent
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ATTEST:
Strad i
Agen
\
gYocca,
Special C
rlson & Rauth
nsel
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AGENCY:
POW A Y REDEVELOPMENT AGENCY, a puIJlic
body, corporate and politic
By:
PURCHASER:
HALEY RANCH ESTATES HOUSING
ASSOCIATES, L.P., a California limited partnership
By: Community HousingWorks, a California
nonprofit corporation, its General Part
.
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EXHIBIT A
LEGAL DESCRIPTION OF IMPROVEMENTS
All buildings and improvements situated on Lots 1 through 65 inclusive andLotsA and C
through K inclusive, of CITY OF POWAY TRACT NO, 89-14, in the City of Po way, County of San
Diego, State of California, according to Map thereof No, 12944, filed in tlie Office of the County
Recorder of San Diego County, June 11, 1992, which buildings and improvements are and shall
remain real property,
DOCSOC\942458v2\22345 .00 15
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STATE OF CALIFORNIA
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COUNTY OF SI\-li\ ~\~O
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personally appeared
S\'\':::,A-v\
, before me, WI. Y\1\'thA\I\.Lttl
(Print Name of Notary Public)
'fl/\, 'ly---,~ \'\0\ d.::,.
, Notary Public,
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personally known to me
-Of-
proved to me on the basis. of satisfactory evidence to be the personW whose nameW is/
subscribed to the within instrument and acknowledged to me that Pe/she/~executed the same.
inj:lli;/her/tbeir authorizedcapacity(iJ;>s'), and that by )lis/her/thei-rsignature(.sfon the instrument the
person,Y>), or the entity upon behalf of which the personjM acted, executed the instrument.
~@- - - - ;UL~I';;M- ';~~E~ r WITNESS my hand and official seaL
;; Commi88/on # 1342850 r
~ ... Notary Public. California ~ ( nM
San DioQo County - \...)0 ,
My Comm. E>!>I"!,IJ Fell g, 2006 "
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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 Jorm,
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
o Individual
~ Corporate Officer
(.. >( 8'..\.0-; V \U :1~ ~8' :\-tnL
Title(s)
b iUM.-\: ~ L~.d
Title Or Ty'pe Of Document
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Partner(s) 0
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Attorney-ln,Fact
Trustee(s)
Guardian/Conservator
Other;
Limited
General
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o
o
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Number Of Pages
Signer is representing:
Name Of Person(s) Or Entity(ies)
Q/cJ-!03
Date Of Documents
CDV>\W\~~tj t\oV:~~\0~"-,,
Signcr(s) Other Than Named Above
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STATE OF CALIFORNIA
COUNTY OF:; (r(\. \)\ Odo~
On ~~\y\\)Q.:\ n. "LtiJ::::. , before me,
1
personally appeared ---Sr"."l\f\ \>~ L,
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)
, Notary Public,
(Print Name of Ncitary Public)
b~{~
C[d( personally known to me
-or-
D 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
in hislher/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person( s), or the entity uporibehalf of which the person(s) acted, executed the instrument.
. MCHaLE PAUUNE HETTERGOTT
Commission #1298219
-. Notary Public - California '~
. so.n Dlego'County 1
My Camrrl' FxPr'es M::lrZl. 2lXl5
------------
WITNESS mv hand and official seal.
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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
o Individual
o Corporate Officer
Title(s)
Title Or Type Of Document
o
Partner( s) 0
o
Attorney-In-Fact
Trustee(s)
Guardian/Conservator
Other:
Limited
General
o
o
o
o
Number Of Pages
Signerjs representing:
Name Of Person(s) Or Entity(ies)
Date Of Documents
Signer(s) Other Than Named Above
DOtSOC\942458v2\22345,QO t 5
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BILL OF SALE
For valuable consideration, the, receipt and sufficiency of which is hereby'acknowledged, the
POWAY REDEVELOJ>MENT AGENCY, a public body, ,corporate and politicCAgency"), does
hereby sell, assign, transfer and convey to HALEY RANCH ESTATES HOUSING
ASSOCIATES; L.P., a California limited partnership ("Purchaser"), as of September 2,2003, all of
Agency's right, title and interest in,and to the personal property (the "Personal Property") described
in Exhibit "A?' attached hereto and made'~ part hereof used in connection'with the operation ,of the
real property described in Exhibit "B"'attached hereto and made a part hereof (the "Site"), Agency
hereby, represents and warrants that ii:owns title to the Personal Property and that it has the right to
transfer the Personal Property as provided herein, By accepting this Bill of Sale, Purchaser confirms
that other than as set forth in the ifumediatelypreceding sentence, itis not relying on any
representation, written information; data; reports, or statements of Agency or its agents as to the
physical condition of the Personal Property, and that it is purchasing the Personal Property from
Agency in "AS-IS" condition based',solely upon,Purchaser's own independent inspection imdreview
of the Personal Property,
IN WITNESS WHEREOF, Agency has executed this Bill of Sale as of September 2, 2003,
AGENCY:
By:
mes ,Bowersox, Executive Director
ATTEST:
QtM ;O~ \?4<o
Age cy Secretary
AP aYE S TO FORM:
Strad i g Yocca arlson & Rauth
Agen Special Counsel
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PURCHASER:I
H~LEYRAN.GH EStATES iIODSiN'G
ASSOCIA TES,L.P .,a California limited partnership
By: Community HousingWorks, a California
nonprofit'col:poration, its Gener rtner
By:
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EXHIBIT .A
LIST OKPERSONALPROPERTY .
HALEYRANCH EStATES
EQUIPMENT LIST
Chevro1el'Sc10 Series pick-up (1992) (1)
Yamaha Golf Cart (2)
Automatic Cart Charger (2)
Trailer2Mode1 NW13800 (1)
Chain Saw - ECHO Model CSc3000 (1)
Edge T1'irriiner - Kawasaki Model TF22 (1)
Table Saw 10" RYOBI Mode1BT-3000 (1)
Radial Arm Saw - Delta Model 10 (1)
Lawn Mower - Toro Model TV5002 (1)
Pressure Washer - Model P6werMate PRO.200T (1)
Lawn Mower Briggs & Stratton MOcleI:Kee TM-22 (1)
Tru-Cut Power Mower ModeLpc20 (1)
Grass Trimmer Shindawa Model'[-270 (1)
Air-Compressor-Campbell Hausfeld 3/4HP (1)
Power Blower - ECHO Model PB-4600 (1)
Blower -Shindawa ModelEB240 (1)
ExtensioriLadderModelDI 120~2 (I)
Bench Grinder - Model TDS -150 A (1)
Vacuum Cleaner - Sanitaire Commercial (1)
RCA 26" Screen TV (1)
Spectra 2 Polaroid Camera (1)
Brother WP- 3400 Word Processor w/monitor (1)
Foldingtables (16)
EASA Phone-answering machine (broken) (1)
Telephone Panasonic EASA Phone (1)
AT&T 436 Cordless tel7phone (1)
Motorola Fr50Hand held radio (2)
Pool Fumitu~e:
Tablewithuiribrella (4)
Pool Sidd';hair (20)
Lounge Chair (6)
KitchellAppliallces ill Cluli/lOuse
Panasonic Microwave
Kenmore Stove
Ice Milker Refrigerator
(1)
(1)
(1)
A-I
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HALEY RANCHESTATES
EQUIPMENTLIST
PAGE 2
p'arlf Office Furniture
Office desk
Office Chair
Guests Chair
4-drawer file :cabinei
Wood,conference table
Conference chairs
Foldip.g Chair
RockiilgChair
Park Office Equipment
Personal computer
Monitor
Facsimile Machine
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(2)
(I)
(2)
(3)
(I)
(6)
(120)
(8)
Sony PVC 7762 (I)
Phillips'Magnavox 17" CM4018Dl (I)
HewletPackard 920 (I)
A-2
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EXHIBIT B
DESCRIPTION OF'fHE SITE
Lots I through 65.inclusive and,Lots A'and C throughK inclusive, of CITY OF POWAY TRACT
NO, 89-14, in the City of Po way, County of San Diego, State ofCaliforIlia, according to Map thereof
No, 12944, filed in the Office of the; County Recorder of San Diego County, June II, 1992,
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