Grant Deed 2011-0133674RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Poway
13325 Civic Center Drive
Poway, CA 92064
Attention: City Manager
NO FEE FOR RECORDING PURSUANT
TO GOVERNMENT CODE SECTION 27383
R D0C 2011 -01 33674
o. cN MAR 11, 2011 3:42 PM
N OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 0.00
OC: NA
9 721 PAGES: 9
THIS SPACE FOR RECORDER'S USE ONLY
APN: 317 - 232 -22, 36, 40, 41, 42, and 39
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 seq., 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 ADDRESS A-BOVE
1, ( OqU
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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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9723
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
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9724
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 WITN SS WHEREOF, the parties hereto have executed this Grant Deed as
of this 3///
GRANTOR:
APPROVED AS TO FORM:
KA , BALLMER & BERKMAN
POWAY REDEVELOPMENT AGENCY, a
public body corporate and politic
GRANTEE:
CITY OF POWAY, a municipal corporation
GI nn F. Wasserman By:
Agency Special Counsel
4
9725
STATE OF CALIFORNIA')
COUNTY OF SAN DIEGO )
On Mayth t`, 20R 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.
a SHEIIEY COLLINS '
Commlaalon # 1757479
Notary Public - California Shelley Collins, No Public
San Diego County
MVConM 80ftDec2il62011
EXHIBIT A
(APN 317- 232 -22, 36, 40, 41, 42, and 39)
PARCEL A: APN 317 - 232 - 22,36,40
THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 23, TOWNSHIP 14, SOUTH, RANGE 2 WEST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO THE UNITED STATES GOVERNMENT
SURVEY APPROVED SEPTEMBER 11, 1879, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE EASTERLY LINE OF MISSION ROAD 1 -A
OPOSITE OF ENGINEER'S STATION 339 + 87.04 ACCORDING TO THE MAP OF
SAID MISSION ROAD 1 -A, SAN DIEGO COUNTY HIGHWAY COMISSION, ON FILE
IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID COUNTY; THENCE
NORTHERLY ALONG SAID EASTERLY LINE WHICH IS 20.00 FEET EASTERLY OF
AND PARALLEL WITH THE CENTERLINE OF SAID MISSION ROAD 1 -A, NORTH 10°
08' 11" EAST (RECORD NORTH 9° 45'00" EAST), 38.24 FEET TO THE SOUTHWEST
CORNER OF THAT LAND DESCRIBED IN DEED TO R.J. ENTERPRISES LLC, A
CALIFORNIA LIMITED LIABILITY COMPANY, RECORDED OCTOBER 1, 1997 AS
DOCUMENT NUMBER 1997 - 0489004 OF OFFICIAL RECORDS, SAID CORNER
BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID
EASTERLY LINE NORTH 10° 08' 11" EAST 115.92 FEET TO BEGINNING OF A
TANGENT 720.00 FOOT RADIUS CURVE CONCAVE WESTERLY AND
CONCENTRIC WITH THE HEREIN BEFORE MENTIONED CENTERLINE OF,
MISSION ROAD 1 -A; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 19° 23' 00" A DISTANCE OF 243.58 FEET TO
THE NORTHWESTERLY CORNER OF THAT LAND DESCRIBED IN A DEED TO A.Z.
DEAN, RECORDED DECEMBER 5, 1925 IN BOOK 1149, PAGE 227 OF DEEDS,
THENCE ALONG THE NORTHERLY LINE THEREOF SOUTH 82° 11' 36" EAST
(RECORD SOUTH 82° 34'47" EAST), 158.00 FEET TO THE NORTHEAST CORNER
OF THAT PARCEL OF LAND DESCRIBED IN PARCEL "A" OF A DEED TO
POMERADO CLUB, INC., A CALIFORNIA CORPORATION, RECORDED APRIL 30,
1990 AS FILE NO. 90- 233672 OF OFFICIAL RECORDS; THENCE SOUTH 04° 52' 22"
EAST (RECORD SOUTH 5° 15" 33" EAST), ALONG THE EASTERLY LINE OF SAID
PARCEL "A" TO AND ALONG THE EASTERLY LINE OF PARCEL "B" ALSO OF THE
LAST MENTIONED DEED, 458.17 FEET TO THE SOUTHEASTERLY CORNER OF
SAID PARCEL "B ", SAID CORNER ALSO BEING THE SOUTHEASTERLY CORNER
OF SAID LAND DESCRIBED IN DEED TO R.J. ENTERPRISES LLC.; THENCE
NORTH 64° 10' 20" WEST 94.48 FEET; THENCE SOUTH 82° 44' 41" WEST 18.75
FEET; THENCE NORTH 56° 06' 38" WEST 116.08 FEET; THENCE NORTH 13° 17'
9727
47" EAST 7.19 FEET TO THE SOUTHWESTERLY LINE OF SAID LAND DESCRIBED
IN A DEED TO R.J. ENTERPRISES LLC.; THENCE ALONG SAID SOUTHWESTERLY
LINE NORTH 60° 50'53" WEST 22.41 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL B: (APN: 317 - 232 - 41,42)
THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 23, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT
SURVEY APPROVED SEPTEMBER 11, 1879, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EASTERLY LINE OF MISSION ROAD 1 -A
OPPOSITE OF ENGINEER'S STATION 339 + 87.04 ACCORDING TO THE MAP OF
SAID MISSION ROAD 1 -A, SAN DIEGO COUNTY HIGHWAY COMMISSION, ON FILE
IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID COUNTY, SAID POINT
BEING THE TRUE POINT OF BEGINNING; THENCE NORTHERLY ALONG SAID
EASTERLY LINE WHICH IS 20.00 FEET EASTERLY OF AND PARALLEL WITH THE
CENTERLINE OF SAID MISSION ROAD 1 -A, NORTH 10° 08' 11" EAST (RECORD
NORTH 9° 45' 00" EAST), 38.24 FEET TO THE SOUTHWEST CORNER OF THAT
LAND DESCRIBED IN A DEED TO R.J. ENTERPRISES LLC., A CALIFORNIA
LIMITED LIABILITY COMPANY, RECORDED OCTOBER 1, 1997 AS DOCUMENT NO.
1997 - 0489004; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE
OF SAID LAND SOUTH 60° 50'53" EAST 22.41 FEET; THENCE LEAVING SAID LINE
SOUTH 13° 17' 47" WEST 7.19 FEET; THENCE SOUTH 56° 06' 38" EAST 116.08
FEET; THENCE NORTH 82° 44'41" EAST 18.57 FEET; THENCE SOUTH 64° 10'20"
EAST 94.48 FEET TO THE SOUTHEAST CORNER OF SAID LAND DESCRIBED IN
DEED TO R.J. ENTERPRISES LLC., SAID CORNER ALSO BEING THE SOUTHEAST
CORNER OF THAT PARCEL OF LAND DESCRIBED IN PARCEL "B" OF A DEED TO
POMERADO CLUB, INC., A CALIFORNIA CORPORATION, RECORDED APRIL 30,
1990 AS FILE NO. 90- 233672 OF OFFICIAL RECORDS, SAID SOUTHEAST CORNER
BEING A POINT ON THE NORTHERLY LINE OF THAT PARCEL OF LAND
DESCRIBED IN PARCEL "C" IN SAID DEED; THENCE ALONG THE BOUNDARY OF
SAID PARCEL "C ", SOUTH 82° 11' 36" EAST (RECORD SOUTH 82° 34'47" EAST,
180.00 FEET) 179.98 FEET; THENCE SOUTH 20° 08' 09" EAST (RECORD SOUTH
20° 31' 20" EAST), 153.95 FEET TO A POINT IN THE SOUTHERLY LINE OF THE
LAND DESCRIBED IN A DEED TO EARL W. HOWELL, ET UX, RECORDED JUNE 25,
1952 IN BOOK 4506, PAGE 535 OF OFFICIAL RECORDS, DISTANT THEREON
SOUTH 82° 11'36" EAST (RECORD SOUTH 82° 34'47" EAST) 469.00 FEET FROM
THE SOUTHWESTERLY CORNER OF SAID HOWELL'S LAND; THENCE ALONG
•
SAID SOUTHERLY LINE NORTH 82° 11'36" WEST 242.72 FEET; THENCE LEAVING
SAID SOUTHERLY LINE AND BOUNDARY OF PARCEL "C ", NORTH 7° 48'20" EAST
61.84 FEET; THENCE NORTH 70° 07' 52" WEST 247.82 FEET TO A POINT OF
INTERSECTION ON THE HEREIN ABOVE MENTIONED EASTERLY LINE OF
MISSION ROAD 1 -A, SAID EASTERLY LINE BEING A 730.00 FOOT RADIUS CURVE
CONCAVE NORTHEASTERLY, WHICH SAID CURVE IS 20.00 FEET
NORTHEASTERLY OF AND CONCENTRIC WITH THE CENTERLINE OF SAID
MISSION ROAD 1 -A RADIAL LINE THROUGH SAID POINT BEARS NORTH 85° 44'
47" WEST; THENCE NORTHERLY ALONG THE ARC OF SAID 730.00 FOOT RADIUS
CURVE THROUGH A CENTRAL ANGLE OF 05° 52'58" A DISTANCE OF 74.95 FEET
TO THE TRUE POINT OF BEGINNING.
PARCEL C: (APN: 317 - 232 -39)
THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 23, TOWNSHIP 14, SOUTH, RANGE 2 WEST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF POWAY , COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO THE UNITED STATES GOVERNMENT
SURVEY APPROVED SEPTEMBER 11, 1879, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE EASTERLY LINE OF MISSION ROAD 1 -A
OPPOSITE ENGINEER'S STATION 339 + 87.04 ACCORDING TO THE MAP OF SAID
MISSION ROAD 1 -A, SAN DIEGO COUNTY HIGHWAY COMMISSION, ON FILE IN
THE OFFICE OF THE COUNTY SURVEYOR OF SAID COUNTY; SAID POINT BEING
THE SOUTHERLY TERMINUS OF A PORTION OF SAID EASTERLY LINE BEARING
NORTH 10° 08' 11" EAST (RECORD NORTH 9° 45'00" EAST) FROM SAID POINT,
WHICH POINT IS ALSO THE NORTHERLY TERMINUS OF A 730.00 FOOT RADIUS
CURVE CONCAVE NORTHEASTERLY AND 20.00 FEET NORTHEASTERLY OF AND
CONCENTRIC WITH THE CENTERLINE OF SAID MISSION ROAD 1 -A; THENCE
SOUTHERLY ALONG THE ARC OF SAID 730.00 FOOT RADIUS CURVE THROUGH
A CENTRAL ANGLE OF 05° 52' 58" A DISTANCE OF 74.95 FEET TO THE TRUE
POINT OF BEGINNING, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 85°
44' 47" WEST; THENCE CONTINUING SOUTHERLY ALONG THE ARC OF SAID
730.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 09° 01' 00" A
DISTANCE OF 114.88 FEET TO THE SOUTHWESTERLY CORNER OF THAT
PARCEL OF LAND DESCRIBED IN A DEED TO EARL W.B. HOWELL, ET UX,
RECORDED JUNE 25, 1952 IN BOOK 4506, PAGE 535 OF OFFICIAL RECORDS,
THENCE ALONG THE SOUTHERLY LINE OF SAID HOWELL'S LAND SOUTH 82° 11'
36" EAST (RECORD SOUTH 82° 34' 47" EAST), 226.26 FEET; THENCE LEAVING
SAID SOUTHERLY LINE NORTH 07° 48'20" EAST 61.84 FEET; THENCE NORTH 70°
07'52" WEST 247.82 FEET TO THE TRUE POINT OF BEGINNING.
9729
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
A. Troyan, MMC, City Clerk