Grant Deed 2011-0133683FG D0C ## 2011 -01 33683
9P 111111111111111111111111111111111111111111111111111111111111111111III
RECORDING REQUESTED BY q Gr0, MAR 11, 2011 3:42 PM
AND WHEN RECORDED RETURN TO:
! OFFICIAL RECORDS
rA SAN DIEGO COUNTY RECORDER'S OFFICE
City of Poway ��` Ernest J. DronenbWg, Jr., COUNTY RECORDER
13325 Civic Center Drive FEES: o
OC: NA
NA
Poway, CA 92064 978 PAGES 8
Attention: City Manager IIII'I
NO FEE FOR RECORDING PURSUANT IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIiII�: �IIIIIIIIIIIIIIIIIIIIIIIIIIIIII
TO GOVERNMENT CODE SECTION 27383
THIS SPACE FOR RECORDER'S USE ONLY
APN: 317- 540 -73
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 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
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
MAILTAX STATEMENT TO
RETURN ADDRESS ABOVE
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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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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
9791
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 WI NES WHEREOF, the parties hereto have executed this Grant Deed as
of this 3
GRANTOR:
POWAY REDEVELOPMENT AGENCY, a
public body corporate and politic
IN
Penny Miley,
GRANTEE:
APPROVED AS TO FORM:
KANE BALLMER & BERKMAN CITY OF POWAY, a municipal corporation
Gle n F. Wasserman By:
Agency Special Counsel iley, C' nager
4
9792
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
On Mayffi 6�,2��� 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 COLIINS w1ja
Commission # 1787479
Notary Public - California Shelley Collins, No a Public
Son Diego County
h*CMiM90MDec25,2011
9793
EXHIBIT A
(APN 317 - 540 -73)
THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER
OF SECTION 14, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO
MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT 40.00 FEET EAST OF THE CENTER LINE OF MISSION
ROAD, WHICH SAID POINT OF COMMENCEMENT BEARS NORTH 7 29' 00" EAST
349.41 FEET FROM THE POINT OF INTERSECTION OF SAID CENTER LINE OF
SAID ROAD WITH THE SOUTHERLY LINE OF SAID SECTION 14 AT A POINT
THEREON WHICH BEARS NORTH 89 57' WEST 3955.5 FEET FROM THE
SOUTHEAST CORNER OF SAID SECTION 14, THE AFORESAID POINT OF
INTERSECTION BEING A STATION 378 + 70.9 ON THE CENTER LINE OF SAID
MISSION ROAD, AS SHOWN ON MAP OF MISSION ROAD 1 -A, SHEET 15, SAN
DIEGO HIGHWAY COMMISSION, ON FILE IN THE OFFICE OF THE COUNTY
ENGINEER OF SAID COUNTY, SAID POINT OF BEGINNING ALSO BEING THE
SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO ED
FLETCHER AND WIFE; TO A.Z. DEAN, BY DEED DATED NOVEMBER 16, 1925 AND
RECORDED IN BOOK 1159, PAGE 165 OF DEEDS; THENCE SOUTH Or 43' WEST
ALONG A LINE PARALLEL WITH AND 40.00 FEET DISTANT EAST FROM SAID
CENTER LINE OF MISSION ROAD, 71.55 FEET TO THE BEGINNING OF A
TANGENT 25.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE
SOUTHERLY; SOUTHEASTERLY AND NORTHEASTERLY, ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 9723' FOR A DISTANCE OF 42.49
FEET; THENCE NORTH 93 20' EAST 274.06 FEET; THENCE NORTH Cr 43' EAST
581.13 FEET TO THE SOUTHWEST CORNER OF LAND CONVEYED TO A.B.C.
AUTOMOTIVE SERVICE BY DEED RECORDED APRIL 20, 1960 AS DOCUMENT NO
81451, SERIES 1, BOOK 1960, OFFICIAL RECORDS OF SAID COUNTY; THENCE
ALONG THE WEST LINE OF SAID A.B.C. LAND NORTH Or 43' EAST 340.00 FEET;
THENCE LEAVING THE WEST LINE OF SAID A.B.C. LAND WITH THE NORTH LINE
OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER SOUTH 8945'
35" EAST 50.00 FEET; TO AN INTERSECTION WITH THE EAST LINE OF SAID
A.B.C. LAND THENCE ALONG SAID EAST LINE SOUTH Or 43' WEST, 185 FEET,
MORE OR LESS TO A POINT THAT BEARS NORTH (Y43' EAST, 162.81 FEET FROM
THE INTERSECTION OF SAID EAST LINE WITH THE CENTER LINE OF COUNTY
OF SAN DIEGO ROAD SURVEY NO. 987 (POWAY ROAD); THENCE NORTH 8917'
WEST, 30.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE PARALLEL
WITH THE WEST LINE OF SAID A.B.C. LAND SOUTH Cr43' WEST, 116.00 FEET TO
9794
AN INTERSECTION WITH THE NORTH LINE OF COUNTY OF SAN DIEGO ROAD
SURVEY NO. 987 (POWAY ROAD, 100 FEET WIDE) ON FILE IN THE OFFICE OF
THE COUNTY ENGINEER OF SAID COUNTY; THENCE CONTINUING ALONG SAID
PARALLEL LINE SOUTH Or 43' WEST TO AN INTERSECTION WITH THE SOUTH
LINE OF SAID A.B.C. LAND, THENCE EASTERLY ALONG SAID SOUTH LINE TO AN
INTERSECTION WITH THE EAST LINE OF SAID A.B.C. LAND, THENCE
SOUTHERLY ALONG THE SOUTHERLY PROLONGATION OF THE SAID EAST LINE
TO AN INTERSECTION WITH THE CENTERLINE OF SAID ROAD SURVEY NO. 987,
THENCE LEAVING SAID PROLONGATION EASTERLY ALONG THE CENTERLINE
OF SAID ROAD SURVEY TO AN INTERSECTION OF A LINE DRAWN PARALLEL
WITH AND 30.00 FEET EAST MEASURED AT RIGHT ANGLES FROM SAID EAST
LINE OF SAID A.B.C. LAND, THENCE NORTHERLY ALONG SAID PARALLEL LINE
TO AN INTERSECTION WITH A LINE THAT BEARS SOUTH 8917' EAST FROM THE
TRUE POINT OF BEGINNING; THENCE NORTH 8917' WEST TO THE TRUE POINT
OF BEGINNING.
9795
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
y
in A. Troyan, MMC, City Clerk