Res 93-005RESOLUTION NO. 93-005
A RESOLUTION OF THE CITY OF POWAY APPROVING THE
TRANSFER OF REAL PROPERTY FROM THE POWAY
REDEVELOPMENT AGENCY TO THE CITY OF POWAY
WHEREAS, the Poway Redevelopment Agency (the "Agency')
desires to grant the City of Poway (the "City') certain real
property described in the Grant Deed attached to the Purchase
and Sale Agreement to be entered into by the Agency and the
City (the "Park Property") for the purpose of complying with
Health and Safety Code Section 33443 which requires resale of
property acquired by the Agency after completion of the public
improvements or rehabilitation for which purpose the property
was originally acquired; and
WHEREAS, the Agency desires to grant the City title of said
Property and requires payment of One Dollar ($1.00) and the
transfer of all future maintenance costs for the Park Property
as consideration for the transfer for said transfer; and
WHEREAS, the Agency and the City have conducted a duly
noticed joint public hearing regarding the disposition of real
property in accordance with California Health and Safety Code
Sections 33431 and 33433; and
WHEREAS, the Agency staff has prepared a report on the
transfer of real property to be carried out pursuant to said
Agreement, and as a result of said consideration and evidence
presented at the hearing on the same matter, the City Council
has determined that, pursuant to Section 15061(b)(3) of the
State of California Environmental Quality Act ("CEQA")
Guidelines, the execution of the Agreement of and by itself
will not cause a significant effect on the environment because
environmental circumstances and conditions of the Agency
Property will not be changed; and
WHEREAS, California Health and Safety Code Section 33445
provides that the redevelopment agency may, with the consent of
the legislative body, pay all or part of the value of public
buildings, facilities, structures or other improvements upon a
finding that such public improvements are of benefit to the
Project Area or the immediate neighborhood in which the Project
is located and that there is no other reasonable means of
financing such public improvements, such as the addition to the
park made possible by the Agency purchase, available for the
community.
NOW, THEREFORE, the City Council of the City of Poway does
hereby resolve as follows:
Section 1: The approval and execution of the Purchase and
Sale Agreement and the Grant Deed attached thereto for the
Resolution No. 93-005
Page 2
acquisition of the Property is exempt from CEQA pursuant to
Section 15061(b)(3) of the State CEQA Guidelines.
~: Pursuant to Health and Safety Code Section
33445: (i) the proposed improvements for which the Property
was acquired by the Agency and which are to be transfered to
the City are of benefit to the Project Area and the
neighborhood in which such improvements are to be situated; and
(ii) no other reasonable means of financing the Improvements
and addition to the community park are available to the City of
Poway.
~: The City hereby approves the disposition of the
Property as required by Health and Safety Code Section 3~44~
and finds that given the constraints of park use as well as the
existing commercial lease on the property that the transfer to
the City in return for the City's undertaking responsibility of
ongoing maintenance is in the best interest of the public
welfare and directs its Executive Director to sign all
necessary documents in order to acquire the Property.
PASSED, APPROVED, and ADOPTED by the City of Poway,
California, at a regular meeting thereof this 12th day of January,
1993.
Don Higgins¢~ Mayor
ATTEST:
· Wahlsten,
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, Marjorie K. Wahlsten, City Clerk of the City of Poway,
do hereby certify the foregoing Resolution No. 93-005 was duly
adopted by the City at a meeting of said City on the 12th day
of January , 199~, and that it was so adopted by the
following vote:
AYES:
NOES:
CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON
NONE
ABSENT: NONE
ABSTAIN: NONE
12/18/92
4006Q/2345/000
Marj~ri~K. Wahlsten, City Clerk
Cityf~oway
-2-
74111
PURCHASE AND SALE AGREEMENT
An Agreement made this 12th day of January , 1993 by and
between the CITY OF POWAY, a public body, corporate and politic
the "Buyer" or "City") , and POWAY REDEVELOPMENT AGENCY, a
public body, corporate and politic (the "Seller") , for the
purchase and sale of certain real property situated in the City
of Poway, California.
WHEREAS, Seller are the owners, in fee, of certain real
property located in the City of Poway, California more fully
described on Exhibit "A" attached hereto and incorporated
herein by this reference; and
WHEREAS, Buyer desires to purchase said property (the
Subject Property") for consideration of One Dollar ($1. 00) and
the promise to undertake the ongoing maintenance
responsibilities of the park and Seller desires to sell
property to the Buyer .
NOW THEREFORE, the parties agree as follows :
1. PURCHASE PRICE.
The purchase price for the real property is One Dollar
1 . 00) and assumption by City to undertake all ongoing
maintenance costs .
2 . BONDS AND ASSESSMENTS.
Any bonds or improvement assessments which are a lien
on said property shall, on close of escrow, be paid by Seller,
except those liens imposed by the. City of Poway or the Agency.
3 . NO ESCROW.
There shall be no escrow for this transfer. After
approval by both parties, Agency shall execute the attached
grant deed, City shall execute the acceptance of property and
both documents shall be recorded upon payment of One Dollar
1. 00) from City to Agency.
4 . OWNER' S REPRESENTATIONS, COVENANTS AND WARRANTIES.
As an express condition precedent to the Close of
Escrow for Buyer ' S BENEFIT, and in addition to any other
representations, covenants and warranties contained in this
Agreement, Seller makes the following representations and
410 1111
warranties, each of which is true in all respects as of the
date of this Agreement, and shall be true in all respects as of
the Closing Date (as defined in the Escrow Instructions) :
a. AUTHORITY TO SIGN. This Agreement and all the
documents executed by the Seller that are to be delivered to
the Assignor at Closing are, and at the Closing will be, duly
authorized, executed and delivered by the Buyer; are, and at
the Closing will be, to the best of Seller ' s knowledge,
sufficient to convey title if they purport to do so; and do
not, and at the Closing will not, to the best of Seller ' s
knowledge, violate any provisions of any agreement to which the
Seller is party or to which it is subject, including without
limitation, any prior options, purchase agreements and/or
escrow instructions .
b. TITLE. The transfer is made subject to the
existing lease with the owners of the Hamburger Factory and the
Facilities Use Agreement with the Poway Historical Society.
With the exception of those two leases, Seller has, and will
convey to Buyer, good and marketable fee simple title to the
Property free and clear of any liens, encumbrances, claims,
rights, demands, easements, leases, licenses, agreements,
covenants, conditions and restrictions of any kind or character
including, without limiting the generality of the foregoing,
liens or claims for taxes, mortgages, conditional sales
contracts or other title retention agreements, deeds of trust,
security agreements and pledges) except for those exceptions to
title shown in the Preliminary Report . Without limiting the
generality of the foregoing, there are no encroachments on the
Land from adjoining property known to Seller. Seller shall not
encumber, modify or diminish title to all, or any portion of or
interest in, the Property without Buyer ' s written consent.
c. LITIGATION. Seller is not involved in, nor does
Seller have knowledge of, any claim, proceeding or threatened
litigation, administrative or governmental proceeding or
investigation, relating to or otherwise affecting the Property
or the ability of Seller to deliver good and marketable fee
simple title to the Property to Buyer.
5 . NOTICES.
Any and all notices or other communications required
or permitted by this Contract or by law to be served on or
given to either party hereto, Buyer or Seller, by the other
party hereto or by the escrow holder shall be in writing and
shall be deemed duly served and given when personally delivered
to any of the parties, Buyer or Seller, to whom it is directed,
or in lieu of such personal service when deposited in the
United States mail, first-class postage prepaid, addressed to
12/21/92
4015Q/2345/000 2-
410
the parties at the address shown below. Seller may change his
address for the purposes of this section by giving written .
notice of such change to the other party in the manner provided
in this section.
Address: (Seller)
Poway Redevelopment Agency
13325 Civic Center Drive
P.O. Box 785
Poway, California 92064
Address: (Buyer)
City of Poway
13325 Civic Center Drive
P.O. Box 785
Poway, California 92064
EXECUTED on
January 12 1993 ,
at San Diego
County, California.
CITY OF POWAY
By: (-ILI-1"-AI
Mayor
BUYER"
ATTEST:
iAt 703c1A-P;tij,
City -rk
POWAY REDEVELOPMENT AGENCY
BY•
Chairman `AJ
SELLER"
ATTEST:
Ilf
Agenc: S:cretar-y
APP;w( 10 ORM:
8/
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Agen• rornsel and City Attorney
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2,11
DOC" 1993-0030097
19-JAH-1993 09:57 AM
DFFICIAL RECORDS
SAH DIEu~ COUHTY RECOROER'S OfFICE
AHHE!!E EVAHS, COUM!' RECORDER
FEES: 0.00
DC 1.14
GRANT DEED
RECORDING REQUESTED BY
AND WHEN RECORDEO MAIL TO:
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poway Redevelopment Agency
13325 Civic Cen~f: Drive
Poway. California 92064
This Deed is recorded on the
reguest and for the benefit of
the ~gency and is exempt for the
payment of a recording fee
pursuant to Government Code
Section 6103.
POWAY REDEVELOPMENT AGENCY
BYru,~ -W
Its: ~~6u
1anuary 12
Dateu:
q,
19
FOR A VALUABLE CONSIDERATION, receipt of which is hereby
acknowledged. GRANTOR: POWAY REDEVELOPMENT AGENCY, a public
body, corporate and politic, hereby GRANT(S) to the CITY OF
POWAY, a California municipal corporation, the following
described real property in the City of Poway, County of San
Diego, State of California:
See Exhibit "A" attached hereto and made a part hereof.
POWAY REDEVELOPMENT AGENCY
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CALIFORNIA ALL.PURPOSE ACKNOWLEOGMENT ~, ""
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EXHIBIT "A"
LEGAL DESCRIPT'ON OF PARCEL
That certain real property located in the City of Poway,County of San Oiego, State of California, described as follows:
Assessors Parcel Number (APN): 314-202-16, 17, 18, 19, 20.
21, 22, 23, 24, 25, 26, 27, 28, 29 and 30, and 314-182-45.
40350/7345/000
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AUTHORIZATIO~
This is to certify that the interest in real prOperlyconveye..l by the Grant Deed liated Januarv 12. 1993 . l<till fro",the Poway Redevelopment Agency ("Grantor(s).), to the City ofPoway, a public body corporate and pOlitic (the .City"). isherebyaccepteobytheundersignedofficeroragentonbehalfoftheCityonJanuary13, 1093 pursuant to authorityconferredbyResolutionNo. ~, and the City as Grante~consents to recordation thereof by its dUly authorized officer.
Dated: January 13
Iq~3
CITY OF POWAY, a public bc~y
corporate and politic
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By ) 11t. dc_<- ~_,' " ("\ J...-.:t.:_
Marjorie K. Wahlsten, City Clerk
STATE OF CALIFORNIA
ss.
COUNTY OF SAN DIEGO
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On this ~ day of :::rA"'UBR'oI . 19,2,I, before me, theundersigned, a Notary Public in and lor said State, personallyappearedntlW.1bRtE 1(.~"Lsn'i personally known to me (ar ~.Lv"","J. L..... .Uleo~ .hg basis gf BetiafaGlaf) ","..~dC~l~~) to be the person whoexecutedthisinstrumentastheC..y CL....k. of theCITYOFPOWAY, a public body corporate and pOlitic. andacknowledgedtomethatsaidcityexecutedit.
WITNESS my hand and official seal.
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CATHYIIAOKAW
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