Grant Deed 2011-0133650RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
Poway Housing Authority
13325 Civic Center Drive
Poway, CA 92064
Attention: Executive Director
NO FEE FOR RECORDING PURSUANT
TO GOVERNMENT CODE SECTION 27383
THIS SPACE FOR RECORDER'S U ONLY
APN: 317 - 101 -53
GRANT DEED
No Documentary Transfer Tax
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
Poway Housing Authority, a public body, corporate and politic (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 M. (the "CRL" ), 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 December 13, 1983, as amended by Ordinance No. 415 on June 15, 1993,
as amended by Ordinance No. 439 on December 13, 1994, as amended by Ordinance
No. 593 on December 2, 2003, as amended by Ordinance No. 605 on August 17, 2004,
as amended by Ordinance No. 611 on October 26, 2004, as amended by Ordinance
No. 641 on July 18, 2006, and as further amended by Ordinance No. 657 on June 12,
2007 (as amended from time to time, the "Redevelopment Plan ").
2. Pursuant to authority granted under Section 33442 of the CRL, the
Grantor may donate real property owned or acquired by it to the Grantee for purposes
of carrying out housing projects and otherwise improving and expanding the
community's supply of affordable housing, in conformance with applicable state and
local law
3. The Grantee hereby covenants and agrees, for itself and its successors
and assigns, that the Grantee shall devote the Property only to the affordable housing
uses permitted by the Redevelopment Plan.
MAIL TAX STATEMENT TO
RETURN ADDRESS ABOVE
DOC ## 2011 -01 33550
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MAR 11, 2011 5:42 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
0 v A
Ernest J. Dronenburg, Jr.. COUNTY RECORDER
0.00
FEES:
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OC: NA
95 49 PAGES: s
THIS SPACE FOR RECORDER'S U ONLY
APN: 317 - 101 -53
GRANT DEED
No Documentary Transfer Tax
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
Poway Housing Authority, a public body, corporate and politic (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 M. (the "CRL" ), 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 December 13, 1983, as amended by Ordinance No. 415 on June 15, 1993,
as amended by Ordinance No. 439 on December 13, 1994, as amended by Ordinance
No. 593 on December 2, 2003, as amended by Ordinance No. 605 on August 17, 2004,
as amended by Ordinance No. 611 on October 26, 2004, as amended by Ordinance
No. 641 on July 18, 2006, and as further amended by Ordinance No. 657 on June 12,
2007 (as amended from time to time, the "Redevelopment Plan ").
2. Pursuant to authority granted under Section 33442 of the CRL, the
Grantor may donate real property owned or acquired by it to the Grantee for purposes
of carrying out housing projects and otherwise improving and expanding the
community's supply of affordable housing, in conformance with applicable state and
local law
3. The Grantee hereby covenants and agrees, for itself and its successors
and assigns, that the Grantee shall devote the Property only to the affordable housing
uses permitted by the Redevelopment Plan.
MAIL TAX STATEMENT TO
RETURN ADDRESS ABOVE
4. 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.
5. 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
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
'r:
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
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)."
6. 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.
3
9552
7. The covenants contained in Sections 3, 4 and 5 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
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.
8. 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.
9. 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 WITNESS W REOF, the parties hereto have executed this Grant Deed as
of this /
APPROVED AS TO FORM:
KANE, BALLMER & BERKMAN
A
Deborah L. Rhoads
Agency Special Counsel
GRANTOR:
POWAY REDEVELOPMENT AGENCY, a
public body corporate and politic
By:
POWAY HOUSING AUTHORITY, a public
body, corporate and politic
By:
Executive
4
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
On Ma yffi �`,���� before me, Shelley Collins, Notary Public,
personally appeared Penny Riley, who 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 his /her /their authorized
capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) 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.
SHELLEY COLLINS Shelley Collins, NotV Public
CommInIon #t 1787479
Notary Public - California
San DI®go County
MVCo'rME D9C25,2011
EXHIBIT A
(APN 317 - 101 -53)
PARCEL "C" OF CERTIFICATE OF COMPLIANCE RECORDED JULY 6, 2005 AS FILE
NO. 2005 - 0566608 OF OFFICIAL RECORDS AND DESCRIBED AS FOLLOWS:
ALL OF THE LAND CONVEYED TO KENNETH A. LUDDEN PER BOOK 2362, PAGE 54
OF OFFICIAL RECORDS, RECORDED FEBRUARY 28, 1947, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, TOGETHER WITH ALL OF THE LAND CONVEYED TO
KENNETH A. LUDDEN ET AL PER DOCUMENT NO. 102837, OF OFFICIAL RECORDS,
RECORDED JUNE 15, 1961, SAID COUNTY, SAID STATE; TOGETHER WITH ALL OF
THE LAND CONVEYED TO POWAY MUNICIPAL WATER DISTRICT PER DOCUMENT
NO. 86033, OF OFFICIAL RECORDS, RECORDED MAY 18, 1961, SAID COUNTY, SAID
STATE; TOGETHER WITH A PORTION OF LAND CONVEYED TO JEFFRIES ET AL
PER DOCUMENT NO. 1991 - 0468067, ALL OF OFFICIAL RECORDS, RECORDED
SEPTEMBER 12, 1991, SAID COUNTY SAID STATE; ALSO BEING A PORTION OF THE
NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER NORTH OF SAID SECTION; THENCE WESTERLY ALONG
THE NORTH LINE OF SAID SOUTHEAST QUARTER 89 0 00'02" WEST, 344.90 FEET TO
THE TRUE POINT OF BEGINNING; THENCE SOUTH 08 0 18'07" WEST 144.77 FEET;
THENCE SOUTH 26 0 03'03" WEST 82.70 FEET; THENCE SOUTH 25 °35'34" WEST
167.66 FEET TO A POINT ON THE WESTERN PROLONGATION OF THE NORTH LINE
OF LAND CONVEYED TO ERNEST H. PEACOCK ET AL, BY DEED RECORDED
SEPTEMBER 2, 1953 IN BOOK 4974, PAGE 78 OF OFFICIAL RECORDS, COUNTY OF
SAN DIEGO; THENCE EASTERLY ALONG THE PROLONGATION OF THE NORTH LINE
OF SAID PEACOCK'S LAND, SOUTH 89 °00'02" EAST 2.86 FEET TO THE NORTHWEST
CORNER OF SAID PEACOCK LAND; THENCE EASTERLY ALONG THE NORTH LINE
OF SAID PEACOCK LAND NORTH 88 0 00'02" WEST, 408.44 FEET TO THE WESTERLY
RIGHT OF WAY OF COMMUNITY ROAD; THENCE NORTHERLY ALONG SAID RIGHT
OF WAY NORTH 01 0 53'32" EAST 106.97 FEET; THENCE SOUTH 89 0 00'02" EAST 1.00
FEET; THENCE NORTH 1 0 53'32" EAST 60.01 FEET; THENCE NORTH 89 °00'02" EAST
1.00 FEET TO THE WESTERLY RIGHT OF WAY OF COMMUNITY ROAD; THENCE
NORTHERLY ALONG SAID RIGHT OF WAY NORTH 1 0 53'32" EAST 46.43 FEET;
THENCE NORTH 89 0 00'21" WEST 112.09 FEET; THENCE NORTH 1 0 53'31" EAST
104.51 FEET; THENCE SOUTH 88 °06'29" EAST 6.45 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 37.50
FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 39 0 51'23" AN
ARC DISTANCE OF 26.09 FEET; THENCE NORTH 52 0 02'08" EAST, 23.26 FEET TO A
POINT ON THE SOUTHERLY RIGHT OF WAY OF HILLEARY PLACE AS DESCRIBED IN
EASEMENT FOR RIGHT OF WAY AND INCIDENTS FOR A PUBLIC STREET,
DOCUMENT 1992 - 0093381, OFFICIAL RECORDS RECORDED FEBRUARY 21, 1992,
SAID POINT IS ALSO THE BEGINNING OF A NONTANGENT CURVE CONCAVE TO
THE NORTHEAST HAVING A RADIUS OF 75.00 FEET AND A RADIAL TO SAID POINT
BEARS SOUTH 37 0 34'04" WEST; THENCE NORTHWESTERLY, SOUTHWESTERLY
AND NORTHERLY ALONG SAID SOUTHERLY RIGHT OF WAY THE FOLLOWING
THREE COURSES: THROUGH A CENTRAL ANGLE OF 28 0 12'08" AN ARC DISTANCE
OF 36.92 FEET TO A POINT ON THE NORTH LINE OF SAID SOUTHEAST QUARTER,
SAID POINT IS ALSO THE BEGINNING OF A NONTANGENT CURVE CONCAVE TO
THE SOUTHEAST, HAVING A RADIUS OF 74.00 FEET AND RADIAL TO SAID POINT
BEARS NORTH 20 0 57'53" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 25 0 37'29" AN ARC DISTANCE OF 33.10 FEET;
THENCE NORTH 01 0 53'31" EAST 20.68 FEET TO A POINT ON THE NORTH LINE OF
SAID SOUTHEAST QUARTER; THENCE WESTERLY ALONG THE NORTH LINE OF
SAID SOUTHEAST QUARTER NORTH 89 0 00'02" WEST 179.88 FEET TO THE TRUE
POINT OF BEGINNING.
4 , . ..
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Ty e rr In, ,"I: V cn v �
CERTIFICATE OF ACCEPTANCE
I, Linda A. Troyan, as Secretary and agent for Poway Housing Authority make
the following certification on its behalf:
This is to certify that the interest in real property conveyed by the Grant Deed
dated March 11, 2011, from Poway Redevelopment Agency, Grantor, to the Poway
Housing Authority, 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. H -11 -03 adopted on March 11, 2011,
and the grantee consents to recordation thereof by its duly authorized officer or agent.
Dated: March 11, 2011 POWAY HOUSING AUTHORITY
Y�
nda A. Troyan, Secretary