Loading...
HomeMy WebLinkAboutDeed 1449 DOC # 2012-0300738 1449 06/28/2012 04:14 PM Fees: $42.00 J, Page 1 of 10 ; _\ Recorded in Official Records County of Riverside Larry W. Ward RECORDING REQUESTED BY Assessor County Clerk &Recorder , First American Title Company WHEN RECORDED MAIL THIS DOCUMENT *"This document was electronically submitted AND TAX STATEMENTS TO: to the County of Riverside for recording"" M & M Property Company, LLC Receipted by: MCASTRO 2740 Broadway Oakland, CA 94612 I APN: 687-030-091-4, 687-030-039-8, 687-030-040-8, portion of 687-030-074-9, portion of 687-030-094-7 TRA: 019 -041 Escrow No: 4082832 Tide No: 4082832 This document is exempt from a recording fees pursuant to Govemment Code § 27383 i R GRANT DEED THE UNDERSIGNED GRANTOR(S) DECLARE(S) DOCUMENTARY TRANSFER TAX IS $ 0.00, CITY TAX $ 0.00 City of Cathedral City, AND FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The City of Cathedral City, a municipal corporation, as Successor Agency to the Redevelopment Agency of the City of Cathedral, ("Grantor "), pursuant to and in accordance 1 with the Community Redevelopment Law of the State of California, hereby grants to M & M Property Company, LLC, a Califomia limited liability company ("Grantee "), the real property (the: "Property") legally described in the document attached hereto, labeled Exhibit "A ", and incorporated herein by this reference, subject to the following: 1. The Property is conveyed subject to the Disposition and Development subject I� p Agreement entered into between the Grantor and the Grantee, dated, for reference purposes • only, June 22, 2011 (herein referred to as the "Agreement "). The provisions of the Agreement are incorporated herein by this reference and shall be deemed to be a part hereof as if set forth I at length herein. 1 2. Grantee covenants and agrees for itself, its successors, its assigns and 1 every successor in interest to the Property or any part thereof, 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) or (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, or in connection with domestic arrangement, in the sale, lease, sublease, or other use of the Property. Grantee, itself or any person claiming under or through it, shall not establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or 1 occupancy of tenants, lessees, subtenants, sublessee or vendees of the Property. . i t 1 1 I I 1 DOC # 2012 - 0300738 4 i Page 2 of 10 06/28/2012 04:14 PM i 1 1 3. All deeds, leases or contracts pertaining thereto shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: (a) In deeds: The 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) or (d) of Section 12955 of the Govemment Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of l Section 12955, and Section 12955.2 of the Govemment Code, or in connection with domestic I arrangement, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the I premises herein conveyed, nor shall the grantee or any person claiming under or through the grantee, establish or permit any such practice or practices of discrimination or segregation with I reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, [ sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land. In leases: "The 1 (b ) ses. The Lessee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through them, and this lease is made and accepted upon and subject to the following conditions: "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) or (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, or in connection with domestic arrangement, the sale, lease, sublease, transfer, use, , occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming under or through the grantee, 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 premises herein conveyed. The foregoing covenants shall run with the land. (c) In contracts: "There shall be no discrimination ton against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (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 Govemment Code, or in connection with domestic arrangement, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming under or through the grantee, 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 R premises herein conveyed. The foregoing covenants shall run with the land. ( The foregoing provision shall be binding upon and shall obligate the contracting party or parties and any subcontracting party or parties, or other transferees under the instrument. i r 4. No violation or breach of the covenants, conditions, restrictions, provisions or limitations contained in this Grant Deed shall defeat or render invalid I or in any i t I I I DOC # 2012 - 0300738 l Page 3 of 10 06/28/2012 04:14 PM I i way impair the lien or charge of any mortgage, deed of trust or other financing or security instrument permitted by the Agreement; provided, however, that any successor of Grantee to the Property shall be bound by such remaining covenants, conditions, restrictions, limitations and provisions, whether such successor's title was acquired by foreclosure, deed in lieu of foreclosure, trustee's sale or otherwise. i 5. The title and rights vested in Grantee by this deed are subject to revesting in 1 Grantor upon the filing of a Notice of Revesting, in accordance with the provisions and l i requirements of Section 5.07 of the Agreement. Grantor's right of revesting terminates upon the issuance and recording of a Certificate of Completion authorized and executed by Grantor. i 6. The covenants contained in this Grant Deed shall be binding for the benefit of the Grantor and its successors and assigns, and such covenants shall run in favor of the Grantor for the entire period during which such covenants shall be in full force and effect, without regard to whether the Grantor is or remains an owner of any land or interest herein to which such covenants relate. The grantor, in the event of any breach of any such covenants, shall have the right to exercise all of the rights and remedies, and to maintain any actions at 1 law or suits in equity or other proper proceedings to enforce the curing of such breach as 4 provided in the Agreement or by law. The covenants contained in this Grant Deed shall be for the benefit of and shall be enforceable only by the Grantor, its successors and its assigns. The City of Cathedral City shall be deemed to be an assignee of all rights afforded Grantor in the event that Grantor ceases to exist as a legal entity. IN WITNESS WHEREOF, the Grantor and Grantee have caused this instrument to be executed on their behalf by their respective officers thereunto duly authorized, this 14 day of June, 2011. 1 Grantor: I CITY OF CATHEDRAL CITY AS SUCCESSOR AGENCY TO THE P REDEVELOPMENT AGENCY OF THE 1 CITY OF CATHEDRAL CITY k By: 1 /Al 2 ,- - , I ,. Donald E. Bradley City - - • • of Success b r Agency E ATTE ►. By: H Pat Hammers I City Clerk of the Successor Agency APPROVED AS TO FORM: i i / / ' t ; By: 1 Counsel for Grantor I E e { 1 k DOC # 2012 - 0300738 Page 4 of 10 06/28/2012 04:14 PM } } The provisions of this Grant Deed are hereby approved and accepted. Grantee: M & M Property Company, LLC a California limited liability company • By: - E Michael P y urphy Managing Partner t i a � APPROVED AS TO FORM: By: ' 1r Counse for Grant. g¢ T. . } } 1 55 DOC # 2012 - 0300738 Page 5 of 10 06/28/2012 04:14 PM 5 e T € EXHIBIT "A" R BEING PORTIONS OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 4 SOUTH, RANGE 5 EAST, SBM, DESCRIBED AS FOLLOWS: A PORTION OF PARCELS 18, 19, 20 AND THE AREA SHOWN BETWEEN SAID PARCELS 18 AND 19 OF PARCEL MAP NO. 8635 AS SHOWN BY MAP ON FILE IN BOOK 38 PAGES 65 THROUGH 67 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA ; TOGETHER WITH A PORTION OF LOT B OF LLA 2008-453, RECORDED 12/02/10 AS DOCUMENT NO. 2010-0577274, O.R.; TOGETHER WITH A PORTION OF SAID SECTION 32 LYING SOUTHWESTERLY OF SAID PARCEL MAP 8635, BEING MORE PARTICULLARY DESCRIBED IN ENTIRETY AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL 20, THENCE SOUTH 34 °11'22" WEST ALONG THE WEST LINE OF SAID PARCEL 20 A DISTANCE OF 26.00 FEET TO A POINT LYING ON THE SOUTHERLY RIGHT OF WAY OF EAST PALM CANYON DRIVE PER INSTRUMENT NO. 281045, RECORDED 9/29/87, O.R. AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 34 °11'22" WEST ALONG SAID WEST LINE A DISTANCE OF a � 251.10 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 20: THENCE NORTH 56 °3410" WEST ALONG THE SOUTHERLY LINE OF SAID PARCEL MAP NO. 8635 A DISTANCE OF 313.88 FEET TO A POINT LYING 10' SOUTHWESTERLY, ON SAID LINE, FROM THE SOUTHWEST CORNER OF PARCEL 24 OF SAID PARCEL MAP NO 8635; THENCE SOUTH 34 °19'00" WEST PERPENDICULAR TO THE CENTERLINE OF EAST PALM CANYON DRIVE A DISTANCE OF 89.92 FEET; THENCE SOUTH 55 °41'00" EAST PARALLEL WITH SAID CENTERLINE A DISTANCE OF 292.85 FEET; THENCE SOUTH 34 °19'00" WEST PERPENDICULAR TO SAID CENTERLINE A DISTANCE OF 16.30 FEET TO THE BEGINING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND • HAVING A RADIUS OF 24.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 55 °46'16" A DISTANCE OF 23.36 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 56.00 FEET; THENCE WESTERLY, SOUTHERLY AND EASTERLY ALONG THE ARC OF LAST MENTIONED CURVE THROUGH A CENTRAL ANGLE OF 224 °51'36" A DISTANCE OF 219.78 FEET; THENCE SOUTH 55 °41'00" EAST PARALLEL WITH THE SAID CENTERLINE A DISTANCE OF 271.91 FEET TO A POINT LYING ON THE EASTERLY LINE OF LOT B OF LLA 2008 -453 RECORDED 12/02/2010 AS DOCUMENT NO. 2010 -0577274, O.R.; } Page 1 of 2 E DOC # 2012 - 0300738 Page 6 of 10 06/28/2012 04:14 PM THENCE NORTH 34 °19'00" EAST ALONG SAID EASTERLY LINE A DISTANCE OF 316.02 FEET TO THE SOUTHEAST CORNER OF PARCEL 18 OF SAID PARCEL MAP NO. 8635; THENCE NORTH 33 °39'25" EAST ALONG THE EASTERLY LINE OF SAID PARCEL 18 A DISTANCE OF 123.90 TO A POINT LYING ON THE SOUTHERLY RIGHT OF WAY OF EAST PALM CANYON DRIVE PER INSTRUMENT NO 147633, RECORDED 4/30/97, O.R.; THENCE NORTH 55°41'00" WEST ALONG SAID SOUTHERLY RIGHT OF WAY A DISTANCE OF 129.62 FEET TO A POINT LYING ON THE EASTERLY LINE OF PARCEL 19 OF SAID PARCEL MAP NO. 8635; THENCE SOUTH 34 °39'58" WEST ALONG SAID EASTERLY LINE OF PARCEL 19 A DISTANCE OF 1.00 FOOT TO A POINT LYING ON THE SOUTHERLY RIGHT OF WAY OF EAST PALM CANYON DRIVE PER INSTRUMENT NO. 281045 RECORDED 9/29/87, O.R.; THENCE NORTH 55 °41'00" WEST ALONG SAID SOUTHERLY RIGHT OF WAY A DISTANCE OF 196.41 FEET TO THE TRUE POINT OF BEGINNING. This description was prepared 90- L's'e by me or under my direction. J. von ven J. Va •.L.S. 6500 .a //Z My license = 4eires 6/30/13 E ( ( F 1 t 1 E Page2of2 { t 1 i 1 DOC # 2012 - 0300738 Page 7 of 10 06/28/2012 04:14 PM I I 1 I t 1 ACKNOWLEDGMENT State of California ) I ) ss. County of Riverside ) On June 14, 2012 before me, Josefina Meza, Notary Public Date I personally appeared Donald E. Bradley f who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature, on the instrument the person, or the entity upon behalf of which the person acted, executed the JOSEFINA MEZA instrument — - ;ipsv∎7 Commission # 1857308 t _ '�' Notary Public - California I certify under PENALTY OF PERJURY under the laws of the State € + foregoing Ntii/ Riverside County of Califomia that the fore M Comm. Ex fires Jul 10, 2013 9 Paragraph is true and correct r t t WITNE a y hand and official seal. Place Notary Seal Above ,� /Aft aim .e.1......._ i I_. : • ature of Notary Pu'f'c ; I I 1 1 t a K a 1 s f `f B . F f i 1 1 f is DOC # 2012-0300738 Page 8 of 10 06/28/2012 04:14 PM E 1 i r i s ACKNOWLEDGMENT State of California ) ) ss. County of Alameda ) r On June 21, 2012 before me, Glenn S. Jones, Notary Public Date i it 1 personally appeared Michael P. Murphy f s who proved to me on the basis of satisfactory evidence to be the GL ENN S. JONES person whose name is subscribed to the within instrument and ' ��` Commission 1siSli 99 acknowledged to me that he executed the same in his authoriz Notary Public - California capacity, and that by his signature, on the instrument the person, or At Alameda County the entity upon behalf of which the person acted, executed the ' My Comm Expires Nov 7 2015 instrument. i I certify under PENALTY OF PERJURY under the laws of the State i I of Califomia that the foregoing paragraph is true and correct. E I WIT S my hand and official sea --- l i i l Place Notary Seal Above `_% .41 .i / Signature of Notary, blic t t i I r F E I t i I I I DOC # 2012 - 0300738 1 I Page 9 of 10 06/28/2012 04:14 PM I , k j , r 95 i i i I g i ( 1 1 1 ACKNOWLEDGMENT I i State of Califomia ) i 1 ) ss. County of Contra Costa ) On June 22. 2012 before me, K. Lynn Edwards, Notary Public l Date I I personally appeared Nicholas P. HulchiV t 1 a who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized 1 capacity, and that by his signature, on the instrument the person, or K the entity upon behalf of which the person acted, executed the ( r , r t Cvuw i SN0� / 1Av instrument. • 4 t • , Notary Mlle - t � Pn r$ Colo 1 certify under PENALTY OF PERJURY under the laws of the State Conte, On 23,201 of Califomia that the foregoing paragraph is true and correct. i I WITNESS my hand and official seal i 1 S i �/ 1 III ! Place Notary Seal Above ,l" • / 4 /.L.. I��> / = . Signature o otary Public 1 i I i I l I 1 1 i i 1 E i i i I z i I i DOC # 2012 - 0300738 Page 10 of 10 06/28/2012 04:14 PM NOTARY SEAL Under the provisions of Government Code 27361.7, I certify under the penalty of perjury that the Notary Seal on the document to which this statement is attached reads as follows: Name of Notary: k . Lyn rl `Q ikt rci S Commission #: � 90 E n om, ► Date Commission Expires: 12-' 2t 2v1 �J County where Bond is filed C l* (a CO jz I f � c PLACE OF EXECUTION: San Bernardino DATE: c0( 9 1 i SIGNATURE: mc nt Pre ; c I I