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Grant Deed 2011-0133655RECORDING 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 V� Iv oG DOC# 2011 - 0133655 MAR 11, 2011 3:42 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 OC: NA 9585 PAGES: 8 THIS SPACE FOR RECORDER'S USE ONLY APN: 275 - 460 -61 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 seg. (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 1 1-021 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 2 • 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. to 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 WITN SS HEREOF, the parties hereto have executed this Grant Deed as of this APPROVED AS TO FORM: KANE, BALLMER & BERKMAN %7' Deborah L. Rhoads Agency Special Counsel GRANTOR: POWAY REDEVELOPMENT AGENCY, a public body corporate and politic LIM Penny Riley, Executlye Di GRANTEE: �--� POWAY HOUSING AUTHORITY, a public body, corperate and politic By: 4 Penny Riley Executive D • • • STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) On MAyth 0,20A 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. at+eLLey COLLINS Commission # 1787479 [[ Notary Public • California San Diego County Shelley Collin , N tary Public IMVCar rM E0m Dec 28, 2011 EXHIBIT A (APN 275 - 460 -61) ALL THAT PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 13 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEROF MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 35; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID WEST HALF OF THE SOUTHEAST QUARTER, NORTH 00 35' 03" EAST, A DISTANCE OF 495.10 FEET; THENCE WESTERLY ALONG A LINE THAT IS PARALLEL WITH THE SOUTHERLY LINE OF SAID WEST HALF OF THE SOUTHEAST QUARTER, NORTH 88 11' 35" WEST, A DISTANCE OF 358.31 FEET TO A POINT THAT IS SOUTH 88 11' 35" EAST, A DISTANCE OF 526.78 FEET FROM THE SOUTHEAST CORNER OF LOT 1 OF POWAY MEDICAL UNIT NO. 1 RECORDED JULY 2, 1975, AS MAP NO. 8138 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, THENCE NORTH 02 06' 35' EAST, A DISTANCE OF 30.00 FEET TO A POINT ON A LINE AS DESCRIBED WITHIN AN OFFER TO DEDICATE (PUBLIC HIGHWAY) RECORDED APRIL 10, 1975 AS FILE NO. 75- 083154 OF OFFICIAL RECORDS, SAID DESCRIBED LINE BEING THE CENTERLINE OF SAID PROPOSED PUBLIC HIGHWAY AND THE POINT BEING THE TRUE POINT OF BEGINNING; THENCE FOLLOWING SAID CENTERLINE NORTH 88 11' 35" WEST, A DISTANCE OF 17.99 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 200.00 FEET; THENCE WESTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 55 02' 35 ", A DISTANCE OF 192.14 FEET; THENCE TANGENT TO SAID CURVE NORTH 33 09' 00" WEST, A DISTANCE OF 157.47 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 200.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17 56' 40 ", A DISTANCE OF 62.64 FEET; THENCE LEAVING SAID CENTERLINE NORTH 38 54' 20" EAST, A DISTANCE OF 30.00 FEET TO A POINT BEING THE SOUTHEASTERLY CORNER OF LOT 5 OF COUNTY OF SAN DIEGO TRACT 3591 -2 RECORDED AS MAP NO. 9871 ON NOVEMBER 4, 1980, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT 5 NORTH 48 55'27" EAST (NORTH 48 53' 38" EAST PER MAP NO. 9871), A DISTANCE OF 134.65 FEET (134.77 FEET PER MAP NO. 9871); THENCE NORTH 00 39' 42" EAST (NORTH 00° 34' 35" EAST PER MAP NO. 9871), A DISTANCE OF 90.07 FEET (90.00 FEET PER MAP NO. 9871) TO A POINT BEING THE NORTHEAST CORNER OF SAID MAP NO. 9871, SAID NORTHEAST CORNER ALSO BEING NORTH 88 11' 35" WEST, A DISTANCE OF 548.05 FEET (548.20 FEET PER MAP NO. 9871) FROM A POINT ON THE EASTERLY LINE OF SAID WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 35; THENCE SOUTH 88 11' 35" EAST, A DISTANCE OF 202.92 FEET; THENCE SOUTH 02 06' 35" WEST, A DISTANCE OF 165.14 FEET TO A POINT BEING ON THE NORTHWEST CORNER OF 9591 PARCEL 1 AS SHOWN ON RECORD OF SURVEY MAP NO. 8601, RECORDED NOVEMBER 26, 1980, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 1 SOUTH 02 06' 35" WEST, A DISTANCE OF 299.88 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DESCRIBED IN IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY RECORDED APRIL 10, 1975 AS FILE NO. 75- 083152 AND 75- 083154, BOTH OF OFFICIAL RECORDS, AND ACCEPTED BY RESOLUTION NO. 83 -075, RECORDED OCTOBER 25, 1983 AS FILE NO. 83- 384442 OF OFFICIAL RECORDS. ` ` • /N Tt {t 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 B - Li 1ATroyan, Secretary