Grant Deed 2011-0133669DOC # 2011 -01 33669
RECORDING REQUESTED BY I MAR 11, 2011 3:42 PM
AND WHEN RECORDED RETURN TO: OFFICIAL RECORDS
/+ SAN DIEGO COUNTY RECORDER'S OFFICE
ov /A Ernest J. Dronenburg, Jr., COUNTY RECORDER
City of Poway 1 � � FEOES: ONA
13325 Civic Center Drive
Poway, CA 92064 9685 PAGES s
Attention: City Manager
NO FEE FOR RECORDING PURSUANT
TO GOVERNMENT CODE SECTION 27383
THIS SPACE FOR RECORDER'S USE ONLY
APN: 314 - 214 -38
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
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 seg., 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. 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 STATEMENT TO
RETURN ADARESSAL301VE
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
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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
K,
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 WITNES WHEREOF, the parties hereto have executed this Grant Deed as
of this � / /// &
GRANTOR:
POWAY REDEVELOPMENT AGENCY, a
public body corporate and politic
A
APPROVED AS TO FORM:
BALLM R & BERKMAN
GR
CITY OF POWAY, a municipal corporation
19le n F. Wasserman By:
Ag ncy Special Counsel
4
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
On MAYth t {, 201 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 sea(:
SHELLEY COLLINS Shelley Collins, N t ry 1 5 , lic
CommlSSlon # 1787479
-ii Notary Public - California
San Diego County
+C0rrM 00 esDec25,2011 r
EXHIBIT A
(APN 314 - 214 -38)
PARCEL 1:
LOTS 10 THROUGH 13 INCLUSIVE IN BLOCK 15 OF PIERMONT, IN THE CITY OF
POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 331, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, MAY 27, 1887.
ALSO THAT PORTION OF THE EASTERLY HALF OF YORK AVENUE, VACATED AND
CLOSED TO PUBLIC USE, ADJOINING SAID LOTS ON THE WEST AND THAT
PORTION OF THE WESTERLY HALF OF THE ALLEY, VACATED AND CLOSED TO
PUBLIC USE, ADJOINING SAID LOTS ON THE EAST.
PARCEL 2:
AN EASEMENT FOR ROAD AND UTILITY PURPOSES, INGRESS AND EGRESS,
OVER, UNDER, ALONG, AND ACROSS THE WESTERLY HALF OF THAT CERTAIN
STREET, VACATED AND CLOSED TO PUBLIC USE, KNOWN AS YORK AVENUE IN
BLOCK 7 AND BLOCK 14 OF MAP 331, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, ON MAY 27, 1887, AND IN
BLOCK 7 AND BLOCK 14 OF MAP 785, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, CALIFORNIA ON AUGUST 4, 1894, LYING
EASTERLY OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE SOUTHERLY LINE OF THE NORTHERLY 10.00 FEET OF LOT
10 IN SAID BLOCK 14 OF SAID MAP 331; THENCE NORTHERLY TO THE SOUTHERLY
LINE OF THAT CERTAIN PUBLIC STREET KNOWN AS AUBREY STREET AS SHOWN
ON SAID MAPS 331 AND 785.
PARCEL 3:
THOSE PORTIONS OF LOTS 10 THROUGH 17 INCLUSIVE, IN BLOCK 14 OF
PIERMONT, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 785, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 4, 1894, TOGETHER
WITH THAT PORTION OF THE EAST HALF OF IRVING AVENUE, NOW VACATED,
WHICH ADJOINS SAID LOTS ON THE WEST AND THAT PORTION OF THE WEST
HALF OF YORK AVENUE, NOW VACATED, WHICH ADJOINS SAID LOTS ON THE
EAST DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WESTERLY LINE OF THE EAST HALF OF SAID
IRVING AVENUE DISTANT NORTH 89° 30' 49" WEST 30 FEET FROM THE
SOUTHWEST CORNER OF SAID LOT 17 OF PIERMONT AND AONG THE WESTERLY
PROLONGATION OF THE SOUTHERLY LINE OF SAID LOT 17;
THENCE NORTH 00° 07' 10" EAST 190.89 FEET ALONG SAID WESTERLY LINE OF
THE EAST HALF OF IRVING AVENUE TO A POINT ON THE WESTERLY
PROLONGATION OF THE NORTHERLY LINE OF THE SOUTHERLY 15.00 FEET OF
SAID LOT 10;
THENCE SOUTH 89'45'42" EAST ALONG SAID PROLONGATION AND NORTHERLY
LINE 200.49 FEET TO A POINT ON THE EASTERLY LINE OF THE WEST HALF OF
SAID YORK AVENUE;
THENCE SOUTH 00'09'07" WEST ALONG SAID EASTERLY LINE 38.00 FEET;
THENCE DEPARTING SAID EASTERLY LINE AND CONTINUING ALONG THE
FOLLOWING COURSES; THENCE SOUTH 88° 33'26" WEST 23.99 FEET;
THENCE SOUTH 56'23'49" WEST 11.97 FEET;
THENCE SOUTH 38° 48' 17" WEST 39.94 FEET;
THENCE SOUTH 29'22'05" WEST 99.44 FEET;
THENCE SOUTH 01' 49' 16" WEST 27.84 FEET TO A POINT ON THE SOUTHERLY
LINE OF THE AFORESAID LOT 17, SAID POINT BEING NORTH 89° 30' 49" WEST
108.22 FEET FROM THE EASTERLY LINE OF THE WEST HALF OF SAID YORK
AVENUE; THENCE NORTH 89° 30'49" WEST 92.16 FEET ALONG SAID SOUTHERLY
LINE OF LOT 17 AND THE WESTERLY PROLONGATION THEREOF TO THE POINT OF
BEGINNING. SAID PARCEL CONTAINS 0.61 ACRES (26,449 S.F.)
r
9692
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant
dated March 11, 2011, from Poway Redevelopment Agency, Grantor, to the City of
Poway, Grantee, a political corporation and /or governmental agency is hereby accepted
by the undersigned officer or agent on behalf of the City Council pursuant to authority
conferred by Resolution No. 34 adopted on January 20, 1981, and the grantee consents
to recordation thereof by its duly authorized officer.
Dated: March 11, 2011 CITY OF POWAY