Grant Deed 2010-0265586APN: 320 - 011 -20
DOCUMENTARY TRANSFER TAX $ 0
GRANT DEED
For valuable consideration, the receipt of which is hereby acknowledged,
The Poway Redevelopment Agency, a public body, corporate and politic, of the
State of California (the "Grantor "), acting to carry out redevelopment purposes pursuant
to the Community Redevelopment Law of the State of California, hereby grants to the
City of Poway, a municipal corporation (the "Grantee "), the real property (the "Property ")
described in Exhibit A attached hereto and incorporated in this Grant Deed by this
reference. `
1. Pursuant to authority granted under California Redevelopment Law,
Health and Safety Code §33000 et sec., the Agency has the responsibility to implement
the Amended and Restated Redevelopment Plan for the Paguay Redevelopment
Project adopted by the City Council of the City of Poway by Ordinance No. 117 on
January 12, 1984, as amended by Ordinance No. 414 on July 14, 1993, as amended by
Ordinance No. 439 on January 13, 1995, as amended by Ordinance No. 593 on
January 1, 2004, as amended by Ordinance No. 605 on September 16, 2004, as
amended by Ordinance No. 611 on November 25, 2004; as amended by Ordinance No.
641 on August 17, 2006, and as further amended by Ordinance No. 657 on July 12,
2007 (as amended from time to time, the "Redevelopment Plan ").
2. The Grantee hereby covenants and agrees, for itself and its successors
and assigns, that the Grantee shall devote the Property only to the uses permitted by
the Redevelopment Plan.
3. The Grantee. hereby covenants and agrees, for itself and its successors
and assigns, that the Grantee shall operate and maintain the Property and
improvements thereon in compliance with all requirements for operation and
maintenance set forth in the Redevelopment Plan.
4. The Grantee covenants and agrees, for itself and its successors and
assigns, that there shall be no discrimination against or segregation of any person or
Mail Tax Statements
1552 \01 \678303.1 To Address Above 1
H04
d
D O C# 2010-0265586
111 1111111 11E 11111 11E 11111111111111111111111111111111111111 IN
RECORDING REQUESTED BY Cwcf'r0!4
MAY 27, 2010 8:00 AM
AND WHEN RECORDED RETURN TO:
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
���
DAVID L BUTLER, COUNTY RECORDER
FEES: 0.00
Poway Redevelopment Agency
Center Drive
OC: NA
13325 Civic
PAGES: 12
Poway, CA 92064 U
Attention: Executive Director
IIIIIIIIIII III
v0�
I I
II IIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
NO FEE FOR RECORDING PURSUANT
TO GOVERNMENT CODE SECTION 27383
APN: 320 - 011 -20
DOCUMENTARY TRANSFER TAX $ 0
GRANT DEED
For valuable consideration, the receipt of which is hereby acknowledged,
The Poway Redevelopment Agency, a public body, corporate and politic, of the
State of California (the "Grantor "), acting to carry out redevelopment purposes pursuant
to the Community Redevelopment Law of the State of California, hereby grants to the
City of Poway, a municipal corporation (the "Grantee "), the real property (the "Property ")
described in Exhibit A attached hereto and incorporated in this Grant Deed by this
reference. `
1. Pursuant to authority granted under California Redevelopment Law,
Health and Safety Code §33000 et sec., the Agency has the responsibility to implement
the Amended and Restated Redevelopment Plan for the Paguay Redevelopment
Project adopted by the City Council of the City of Poway by Ordinance No. 117 on
January 12, 1984, as amended by Ordinance No. 414 on July 14, 1993, as amended by
Ordinance No. 439 on January 13, 1995, as amended by Ordinance No. 593 on
January 1, 2004, as amended by Ordinance No. 605 on September 16, 2004, as
amended by Ordinance No. 611 on November 25, 2004; as amended by Ordinance No.
641 on August 17, 2006, and as further amended by Ordinance No. 657 on July 12,
2007 (as amended from time to time, the "Redevelopment Plan ").
2. The Grantee hereby covenants and agrees, for itself and its successors
and assigns, that the Grantee shall devote the Property only to the uses permitted by
the Redevelopment Plan.
3. The Grantee. hereby covenants and agrees, for itself and its successors
and assigns, that the Grantee shall operate and maintain the Property and
improvements thereon in compliance with all requirements for operation and
maintenance set forth in the Redevelopment Plan.
4. The Grantee covenants and agrees, for itself and its successors and
assigns, that there shall be no discrimination against or segregation of any person or
Mail Tax Statements
1552 \01 \678303.1 To Address Above 1
2005
group of persons on account of race, color, creed, religion, sex, sexual orientation, age,
marital status, national origin, or ancestry in the sale, lease, sublease, transfer, use,
occupancy, tenure or enjoyment of the Property, nor shall the Grantee itself or any
person claiming under or through it 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 Property and
the Improvements thereon.
All deeds, leases or contracts made relative to the Property and the
Improvements thereon or any part thereof, shall contain or be subject to substantially
the following non - discrimination clauses:
a. In Deeds:
"(1) Grantee herein covenants by and for itself, its successors
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) and (d) of Section 12955 of the 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 Government Code, in
the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the property
herein conveyed, nor shall the grantee or any person claiming under or through the
grantee, 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 property herein conveyed. The foregoing
covenant shall run with the land.
(2) Notwithstanding paragraph (1), with respect to familial
status, paragraph (1) shall not be construed to apply to housing for older persons, as
defined in Section 12955.9 of the Government Code. With respect to familial status,
nothing in paragraph (1) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10,
51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision
(d) of Section 51 and Section 1360 of the Civil Code and subdivisions (n), (o), and (p) of
Section 12955 of the Government Code shall apply to paragraph (1)."
b. In Leases:
"(1) Lessee herein covenants by and for itself, its successors 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) and (d) of Section 12955 of the 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 Government Code in the
leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the premises
herein leased nor shall the lessee or any person claiming under or through the lessee,
establish or permit any such practice or practices of discrimination or segregation with
2
1552 \01 \678303.1
2006
reference to the selection, location, number, use or occupancy of tenants, lessees,
sublessees, subtenants, or vendees in the premises herein leased.
(2) Notwithstanding paragraph (1), with respect to familial
status, paragraph (1) shall not be construed to apply to housing for older persons, as
defined in Section 12955.9 of the Government Code. With respect to familial status,
nothing in paragraph (1) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10,
51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision
(d) of Section 51 and Section 1360 of the Civil Code and subdivisions (n), (o), and (p) of
Section 12955 of the Government Code shall apply to paragraph (1)."
C. In Contracts:
"(1) There shall be no discrimination against or segregation of,
any person or group of persons on account of any basis listed in subdivision (a) and (d)
of Section 12955 of the 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 Government Code in the sale, lease, sublease, transfer,
use, occupancy, tenure or enjoyment of the property nor shall the transferee or any
person claiming under or through the transferee 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 of
the land.
(2) Notwithstanding paragraph (1), with respect to familial
status, paragraph (1) shall not be construed to apply to housing for older persons, as
defined in Section 12955.9 of the Government Code. With respect to familial status,
nothing in paragraph (1) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10,
51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision
(d) of Section 51 and Section 1360 of the Civil Code and subdivisions (n), (o), and (p) of
Section 12955 of the Government Code shall apply to paragraph (1)."
5. All covenants contained in this Grant Deed shall be covenants running
with the land. The covenants contained in Sections 2 and 3 of this Grant Deed
regarding use, operation, and maintenance shall remain in effect for the term of the
Redevelopment Plan. The covenants contained in Section 4 regarding non-
discrimination shall remain in effect in perpetuity.
6. The covenants contained in Sections 2, 3, and 4 of this Grant Deed shall,
without regard to technical classification or designation, legal or otherwise specifically
provided in this Grant Deed, be, to the fullest extent permitted by law and equity,
binding for the benefit and in favor of and enforceable by the Grantor, its successors
and assigns, and such covenants shall run in favor of the Grantor and such
aforementioned parties 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. In the event of any breach of
3
1552\01\678303.1
any of such covenants, the Grantor and such aforementioned parties shall have the
right to exercise all of the rights and remedies, and to maintain any actions at law or
suits in equity or other property proceedings to enforce the curing of such breach.
7. Only the Grantor, its successors and assigns, and the Grantee and the
successors and assigns of the Grantee in and to all or any part of the fee title to the
Property shall have the rights to consent and agree to changes or to eliminate in whole
or in part any of the covenants contained in this Grant Deed or to subject the Property to
additional covenants, easements, or other restrictions. For purposes of this Section,
successors and assigns of the Grantee shall be defined to include only those parties
who hold all or any part of the Property in fee title, and not include a tenant, lessee,
easement holder, licensee, mortgagee, trustee, beneficiary under deed of trust, or any
other person or entity having an interest less than a fee in the Property.
8. This Grant Deed may be executed in multiple originals, each of which is
deemed to be an original, and may be signed in counterparts.
IN WITNE S WHEREOF, the parties hereto have executed this Grant Deed as
of this 3 �Zo
APPROVED AS TO FORM:
�, G d
Lisa Foster, City Attorney
1552\01\678303A
GRANTOR:
POWAY REDEVELOPMENT AGENCY, a
public body corporate and politic
GRANTEE:
CITY OF POWAY, a municipal corporation
By:
y Ri ey, rty Ma er
9
2007
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On before me, CCA \i'l
Notary Public, personally appeared. 3e✓ o ` i
proved to me on the basis of satisfactory evidence to be the person(s� whose name(,%)
is re subscribed to the within instrument and acknowledged to me that IXV faey
executed the same in h' er heir authorized capacity(ieej, and that by his/ heir
signature(s� on the instrument the person(, or the entity upon behalf of which the
person(6'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.
coulw
01767479
i I= Ole"
*!=9106002M -I
1552\01\678303A
WE
2DD9
NOTARY SEAL CERTIFICATION
(Government Code 27361.7)
I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE
DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS:
Name of the Notary:
S( E`( C.�(1iA3
(� 8�f5
Commission Number: 7`t Date Commission Expii
County Where Bond is Filed:
Manufacturer or Vendor Number:
Signature:
S� Q' f P
-PA C, 7.4 ?� 11
�>Jn
(Located on both sides of the notary seal border)
Firm Name (if applicable)
Place of Execution:_ San Diego Date: S Z-) / / a ,) r-�
ReC. Forth #R101 (Rev. &11/03)
2110
EXHIBIT A
PROPERTY DESCRIPTION
PARCEL "B ":
THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 23 AND THAT PORTION OF THE
NORTHWEST QUARTER OF SECTION 26, BOTH OF TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS !FOLLOWS:
COMMENCING AT POINT "A" DESCRIBED IN PARCEL A OF DEED RECORDED SEPTEMBER 17,
1991 AS FILE NO. 91- 0476294 OF OFFICIAL RECORDS; THENCE SOUTH 870 31' 25" WEST
111.10 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF
6000.00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 10 51' 43" A DISTANCE OF 194.98 FEET; THENCE SOUTH 850 39' 42" WEST
417.21 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE WESTERLY
BOUNDARY OF LAND DESCRIBED IN DEED RECORDED SEPTEMBER 19, 1987 AS FILE NO.
87- 529031 IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY; THENCE
SOUTHERLY ALONG SAID WESTERLY BOUNDARY SOUTH 00 08' 08" WEST 202..12 FEET; THENCE
LEAVING SAID WESTERLY BOUNDARY NORTH 850 53' 30" WEST 261.05 FEET; THENCE NORTH
860 51' 34" WEST 283.36 FEET,TO THE WESTERLY LINE OF SAID SECTION 26; THENCE
NORTHERLY ALONG SAID WESTERLY LINE NORTH 00 19' 53 "EAST 437.00 FEET TO THE
NORTHWEST CORNER OF SAID.SECTION 26, SAID CORNER BEING IN COMMON WITH THE
SOUTHWEST CORNER OF SAID'SECTION 23; THENCE EASTERLY ALONG THE COMMON SECTION
LINE SOUTH 890 52' 20" EAST 203.42 FEET; THENCE LEAVING SAID COMMON SECTION LINE
NORTH 00 11' 35" EAST 195.00 FEET; THENCE SOUTH-89052' 20" EAST 67,80 FEET;
THENCE SOUTH 00 11' 35" WEST 195.00 FEET TO THE AFORESAID COMMON SECTION LINE;
THENCE EASTERLY ALONG SAID COMMON SECTION LINE SOUTH 890 52' 20" EAST 270.68
FEET; THENCE LEAVING SAID COMMON SECTION LINE SOUTH 00 08' 08" WEST 267.89 FEET
TO THE TRUE POINT OF BEGINNING.
A -1
1552 \01 \678303.1
RESOLUTION NO 09 -011'
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF, POWAY,
CALIFORNIA, APPROVING ACCEPTANCE OF SPECIFIED
PROPERTIES FROM THE POWAY REDEVELOPMENT AGENCY FOR
USE AND OPERATION OF PUBLIC FACILITIES OF BENEFIT TO THE
PAGUAY REDEVELOPMENT PROJECT AREA
WHEREAS, pursuant to the California Community Redevelopment Law (Health
and Safety Code Section 33000 et seq., the 'Redevelopment Law "), the City Council
(the "City Council ") of the City of Poway (the "City ") has adopted, and the Poway
Redevelopment Agency (the "Agency ") is responsible for implementing the Amended
and Restated Redevelopment Plan for the Paguay Redevelopment Project Area (the
"Project Area ") adopted by the City Council by Ordinance No 117 on January 12, 1984,
as amended by Ordinance No 414 on July 14, 1993, as amended by Ordinance No
439 on January 13, 1995, as amended.by Ordinance No 593 on January 1, 2004, as
amended by Ordinance No 605 on September 16, 2004, as amended by Ordinance
No 611 on November 25, 2004, as amended by Ordinance No 641 on August 17,
2006, and as further amended by Ordinance No 657 on July 12, 2007 (as amended
from time to time, the "Redevelopment Plan "), and
WHEREAS, the Poway Redevelopment Agency (the "Agency ") is vested with
responsibility pursuant to the Redevelopment Law to implement the Redevelopment
Plan in and for the benefit of the Project Area, and
WHEREAS, pursuant to Section 33220 of the Redevelopment Law, the City is
authorized to acquire and develop public improvements consisting of recreational,
street, and other community facilities to benefit the redevelopment of the Project Area,
and
WHEREAS, pursuant to Section 33445 of the Law, the Agency has paid the
purchase price for, acquired, and funded the costs of development of those certain
properties within the Project Area (collectively, the "Properties "), more specifically
identified and described in the attached Exhibit A (which is hereby incorporated in this
Resolution by this reference), upon which there have been constructed and developed
various public improvements as further described in Exhibit A, and
WHEREAS, at the time of acquisition of the Properties it was, and it now
remains, the intention of the City and the Agency that, following completion of the public
improvements on the Properties, the Agency would convey the Properties without cost
to the City so that the City could own and continue to operate the public improvements
on the Properties without cost to the Agency and for the benefit of the Project Area and
the Poway community; and
WHEREAS, such conveyance of the Properties by the Agency to the City is
consistent with the Redevelopment Law in that the Redevelopment Law dces not
2011
Resolution No 09 -011
Page 2
authorize or intend for the Agency to be the long -term, permanent owner of properties in
the Project Area, and
WHEREAS, as of the proposed conveyance of the Properties by the Agency to
the City, the public improvement of the Properties has been completed consistent with
the Redevelopment Plan, and the City is willing and able to continue to operate the
completed public improvements as City -owned improvements, and
WHEREAS, to effectuate the transfer of the Properties by the Agency to the City
as contemplated by this Resolution, the Agency and the City have prepared a Property
Conveyance Agreement (the "Agreement') in a form on file with the City Clerk and
Agency Secretary; and
WHEREAS, because the conveyance of the Properties by the Agency to the City
pursuant to the Agreement pertains to the continued operation of existing public
improvements without change or expansion of use beyond that already being conducted
by the Agency and the City on the Properties, such conveyance and the execution and
implementationof the Agreement are categorically exempt from the requirements of the
California Environmental Quality Act ( "CEQA") pursuant to 14 California Code of
Regulations Section 15301, and
NOW, THEREFORE, BE IT RESOLVED, the City Council, acting as the planning
agency for the City, hereby finds, in accordance with Government Code Section 65402,
that the acquisition of the Properties by the City and construction of the completed
public improvements on the Properties conforms to the City's General Plan.
BE IT FURTHER RESOLVED, that the City hereby approves the conveyance of
the Properties by the Agency to the City, and authorizes the City to accept such
conveyance This Resolution constitutes the resolution of acceptance by the City of the
conveyance of the Properties for the purposes of Government Code Section 27281
BE IT FURTHER RESOLVED, that the City Council hereby approves the
Agreement and - authorizes the City Manager or the City Manager's designee to execute
the Agreement on behalf of the City, substantially in the form on file with the City Clerk
and the Agency Secretary and with such revisions as the City Manager or the City
Manager's designee deems appropriate to implement the intent of this Resolution.
BE IT FURTHER RESOLVED that the City Council hereby authorizes the City
Manager or the City Manager's designee to execute such other documents and take
such other actions on behalf of the City as may be required to implement the
conveyance of the Properties by the Agency to the City in accordance with the
Agreement.
BE IT FURTHER RESOLVED that the City Council hereby authorizes the City
Manager or the City Manager's designee to file a Notice of Exemption in accordance
with CEQA in connection with the transactions contemplated by this Resolution.
Resolution No. 09 -011
Page 3
BE IT FURTHER RESOLVED, this Resolution shall take immediate effect from
and after its passage and approval.
PASSED, ADOPTED AND APPROVED, by the City Council of the City of Poway
at a regular meeting thereof this 17th day of March 2009
Don Higginson, Deputy Mayor
ATTEST
Lin oyan, MMC, City Clerk
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify under
penalty of perjury that the foregoing Resolution No 09 -011 was dully adopted by the
City Council at a meeting of said City Council held on the 17th day of March 2009, and
that it was so adopted by the following vote.
AYES BOYACK, CUNNINGHAM, HIGGINSON, REXFORD
NOES NONE.
ABSENT CAFAGNA
DISQUALIFIED NONE
3
� A. Troyan, MMC, City Clerk
of Poway
2012
r .4 lr rl
' Ir
o2ol, Resolution No 09 -011
Page 4
EXHIBIT A
PROPERTIES TO BE CONVEYED
BY AGENCY TO CITY
APN
Street Address
Description of Use
27382024
16899 Saint Andrews Dr
Valle Verde Public Park
27382025
16899 Saint Andrews Dr
Valle Verde Public Park
27845031
Titan Way and Riparian Road
Parking lot for Poway Center for
the Performing Arts
27845035
Titan Way and Ri arian Road
Parking lot for Poway Center for
the Performing Arts
31418220
13554 Aubrey Street
Aubrey Public Park
31418224
14303 Sycamore Avenue
Aubrey Public Park
31418233
14306 Sycamore Avenue
Aubrey Public.Park
31418234
13536 Aubrey Street
Aubrey Public Park
31418235
14302 Sycamore Ave
Aubrey Public Park
31418244
14231 Sycamore Avenue
Aubrey Public Park
31418246
14225 Sycamore Avenue
Aubrey Public Park
31418250
14303 Sycamore Avenue
Aubrey Public Park
31418251
14303 Sycamore Avenue
Aubrey Public Park
31418260
14210 Midland Road
Public Works Storage Facility
31423026
13424 Scats Way
Public Right -of -Way
31724213
Pomerado Road
Riparian Habitat - Open Space
31749086
13104 Carriage Road
Kumeyaay Interpretive Center -
Open Space
32001120
Scripps Poway Parkway
Public Right -of -Way
32001121
Scripps Poway Parkway
Public Right -of -Way
32001125
Scripps Poway Parkway
Public Right -of -Way
32103071
High Valley Rd /Espola Road
Public Right -of -Way
4
CERTIFICATE OF ACCEPTANCE 2013
(Pursuant to Government Code 27281)
This is to certify that the interest in real property conveyed by the Gant Deed from the
Poway Redevelopment Agency, a public body, (the "Agency "), dated 3 ( 3 , 2010 to the
City of Poway, a municipal corporation (the "City "), is hereby accepted on 3 3 :2010 by
the undersigned officer or agent on behalf of the City pursuant to authority conferred by
resolution of the City Council adopted on March 17, 2009, and the City Council consents to the
recordation of said document in the Office of the Recorder of San Diego County, State of
California.
Dated: 3 12010