HomeMy WebLinkAboutDeed 1449-BRECORDING REQUESTED BY 1449B
First American Title Company
WHEN RECORDED MAIL THIS DOCUMENT
AND TAX STATEMENTS TO:
M & M Property Company, LLC
2740 Broadway
Oakland, CA 94612
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
GRANT DEED
THE UNDERSIGNED GRANTOR(S) DECLARE(S)
DOCUMENTARY TRANSFER TAX IS $ 0.00. CITY TAX $ 0.00
City of Cathedral City, AND
DOC # 2012- 0300738
06/28/2012 04:14 PM Fees: $42.00
Page 1 of 10
Recorded in Official Records
County of Riverside
Larry W. Ward
Assessor, County Clerk & Recorder
"This document was electronically submitted
to the County of Riverside for recording""
Receipted by: MCASTRO
This document is exempt from a recording fees
pursuant to Government Code § 27383
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
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
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
at length herein.
2. Grantee covenants and agrees for itself, its successors, its assigns and
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
occupancy of tenants, lessees, subtenants, sublessee or vendees of the Property.
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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
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 premises herein conveyed. The foregoing covenants shall run
with the land.
(b) In leases: "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 • -rsons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the
Govern 1-nt Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and
paragr,T "h (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government
Code, r 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 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
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.
4. No violation or breach of the covenants, conditions, restrictions,
provisions or limitations contained in this Grant Deed shall defeat or render invalid or in any
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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.
5. The title and rights vested in Grantee by this deed are subject to revesting in
Grantor upon the filing of a Notice of Revesting, in accordance with the provisions and
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.
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
law or suits in equity or other proper proceedings to enforce the curing of such breach as
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.
APPROVED AS TO FORM:
Counsel for Grantor
Grantor:
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CITY OF CATHEDRAL CITY AS
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE
CITY OF CATHEDRAL CITY
ATTE
Donald E. Bradley
City N geS of Success r Agency
By:
Pat Hammers
City Clerk of the Successor Agency
APPROVED AS TO FORM:
The provisions of this Grant Deed are hereby approved and accepted.
Grantee:
Counse for Gran = e
DOC # 2012 - 0300738
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M & M Property Company, LLC
a California limited liability
company
By:
Michael P urphy
Managing Partner
EXHIBIT "A"
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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
251.10 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 20:
THENCE NORTH 56 °34'10" 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 °4616" 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
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
by me or under my direction.
ven J. Va .L.S. 6500
My license : • Tres 6/30/13
e"
DOC # 2012 - 0300738
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State of California
County of Riverside
On June 14, 2012 before me,
Date
personally appeared
JOSEFINA META
Commission • 1857308
Notary Public California
Riverside County
M Comm. Ex ires Jul 10, 2013
Place Notary Seal Above
ACKNOWLEDGMENT
s s.
Donald E. Bradley
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Josefina Meza, Notary Public
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
instrument.
I certify under PENALTY OF PERJURY under the laws of the State
of Califomia that the foregoing paragraph is true and correct.
WITNE s y hand and official seal.
ature of Notary P
State of California
County of Alameda
)
) s s.
On June 21, 2012 before me,
Date
personally appeared
GLENN S. JONES
Commission 1 1959699
Notary Public - California
Alameda County
My Comm Expires Nov 7, 2015
Place Notary Seal Above
ACKNOWLEDGMENT
Michael P. Murphy
Glenn S. Jones, Notary Public
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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
instrument.
I certify under PENALTY OF PERJURY under the laws of the State
of Califomia that the foregoing paragraph is true and correct.
WIT S my hand and official sea
Signature of Notary f blic
State of California
County of Contra Costa
ACKNOWLEDGMENT
)
) s s.
On June 22. 2012 before me, K. Lynn Edwards. Notary Public
Date
personally appeared Nicholas P. Hulchiv
Place Notary Seal Above
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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
instrument.
I certify under PENALTY OF PERJURY under the laws of the State
of Califomia that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature o otary Public
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 Lynn �ciuxllrcl
Commission #: 1 1- 1(0
�J
Date Commission Expires: 1 2-" 2l • W(
County where Bond is filed confira Cos to
PLACE OF EXECUTION:
DATE:
SIGNATURE:
San Bernardino
DOC # 2012- 0300738
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