Loading...
24-0822_PAUL VALENZUELA TRUST_Grant Deed (2024000216500)Recording Requested by Fidelity National Title RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 QO Attn: City Clerk f EXEMPT FROM RECORDING FEES (Government Code §§6103 & 27383) APN: 664-071-01 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder II 11 II 1111 [1111111111 II II NO FEE *$ R 0 0 1 5 1 1 2 5 3 0$* 202400021650011:45 am 08/22/24 498 CR-SC06 G02 10 0.00 0.00 0.00 0.00 27.00 0.00 0.000.000.00 0.00 Space Above Line for Recorder's Use Only The undersigned grantor(s) declare(s) documenlary transfer tax is 50.00. THE CITY OF SAN JUAN CAPISTRANO GRANT DEED PART ONE FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY OF SAN JUAN CAPISTRANO, a California municipal corporation ("Grantor"), hereby grants to Paul J. Valenzuela, a single man, with his principal residence at 32302 Alipaz Street, Space 1, San Juan Capistrano, CA 92675 ("Grantee"), that certain real property located in the City of San Juan Capistrano, County of Orange, State of California, specifically described in Exhibit "A" attached to this Grant Deed ("Property") and made a part of this Grant Deed by this reference. PART TWO The conveyance of the Property by the Grantor to the Grantee in Part One is subject to the following community development terms, conditions, covenants and restrictions: Section 1. Conveyance Subiect to Certain Terms of a Purchase and Sale Agreement. The Parties entered into that certain 2024 Purchase and Sale Agreement, dated as of M, 2024, between the Grantor and the Grantee for the purchase and sale of the Property together with improvements, appurtenances, and structures located thereon (the "Agreement"). The Property is conveyed subject to the covenants conditions and restrictions contained herein, which were contemplated by the Agreement. Section 2. Condition of Property. The Grantee acknowledges and agrees that the Property is conveyed by the Grantor to the Grantee in its "AS IS," "WHERE IS" and "SUBJECT TO ALL FAULTS CONDITION," as of the date of recordation of this Grant Deed, with no warranties, expressed or implied, as to the environmental or other physical condition of the Property, the presence or absence of any patent or latent environmental or other physical condition on or in the Property, or any other matters affecting the Property. Section 3. Obligation to Refrain from Discrimination. The Grantee for itself, its successors and assigns to all or any part or portion of the Property, covenants and agrees that: 3.1 There shall be no discrimination against or segregation of any person, or group of persons, on account of sex, marital status, race, color, religion, creed, 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, sub -tenants, sub -lessees or vendees of the Property. The covenant of this Section 3 shall run with the land of the Property and shall be enforceable against the Grantee and its successors and assigns in perpetuity and be a covenant in the Grant Deed. 3.2 The covenant of this Section 3 shall run with the land of the Property in perpetuity and shall be enforceable against the Grantee and its successors and assigns. Section 4. Form of Non -Discrimination and Non -Segregation Clauses. The Grantee for itself, its successors and assigns to all or any part or portion of the Property, covenants and agrees that: 4.1 The Grantee, such successors and such assigns shall refrain from restricting the sale, lease, sublease, rental, transfer, use, occupancy, tenure or enjoyment of the Property (or any portion thereof) on the basis of sex, marital status, race, color, religion, creed, ancestry or national origin of any person. All deeds, leases or contracts pertaining to the Property shall contain or be subject to substantially the following non-discrimination or non -segregation covenants: (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 race, color, creed, religion, sex, marital status, national origin, or ancestry 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 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, sub -tenants, sub -lessee, 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 persons, on account of race, color, creed, religion, sex, marital status, national origin, or ancestry, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises herein leased nor shall the lessee 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, sub -lessee, sub -tenants, or vendees in the premises herein leased." (c) In contracts: "There shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed or leased, nor shall the transferee 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, sub -lessees, sub -tenants, or vendees of the premises herein transferred." 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. 4.2 The covenants of this Section 4 shall run with the land of the Property in perpetuity and shall be enforceable against the Grantee and its successors and assigns. Section 5. Vehicle and Equipment Storage Set -back. Grantee for itself, its successors and assigns shall ensure that no vehicle parking or equipment storage or other obstruction occurs on the Property within 25 feet of the eastern property line abutting Avenida Siega public right of way to allow for proper ingress and egress. The covenants of this Section 5 shall run with the land of the Property in perpetuity and shall be enforceable against the Grantee and its successors and assigns. Section 6. No Conveyance to Tax Exempt Entity. The Grantee for itself, its successors and assigns to all or any part or portion of the Property, covenants and agrees that: 6.1 The Grantee shall not use or otherwise sell, transfer, convey, assign, lease, leaseback or hypothecate the Property, or any portion of any of the foregoing to any entity or person, or for any use of the Property, or any portion of any of the foregoing, that is partially or wholly exempt from the payment of real or personal property taxes or that would cause the exemption of the payment of all or any portion of real or personal property taxes otherwise assessable regarding the Property, or any portion of any of the foregoing, without the prior written consent of the Grantor, which may be withheld in the Grantor's sole and absolute discretion. 6.2 If the Property, or any portion of the Property, shall be conveyed, transferred or sold to any entity or person that is partially or wholly exempt from the payment of real or personal property taxes otherwise assessable against the Property, or any portion thereof, without the prior written consent of the Grantor, then the Grantee shall pay to the Grantor a fee in lieu of payment of such taxes each year in an amount determined by the Grantor to be one percent (1%) of the "full cash value" of the Property, or portion thereof, as may be subject to such exemption from payment of real or personal property taxes. The Grantor's determination of "full cash value" for in -lieu payment purposes under this Section 6 shall be established by the Grantor each year, if necessary, by reference to the real or personal property tax valuation principles and practices generally applicable to a county properly tax assessor under Section 1 of Article XIIIA of the California Constitution. The Grantor's determination of "full cash value" and that an in -lieu payment is due shall be conclusive on such matters. If the Grantor determines that an amount is payable as an in -lieu payment under this Section 6 in any tax year, then such amount shall be paid to the Grantor for that tax year within forty-five (45) days following transmittal by the Grantor to the Grantee of an invoice for payment of the in -lieu amount. 6.3 The covenants of this Section 6 shall run with the land of the Property, shall be enforceable against the Grantee and its successors and assigns of the Property. Section 7. [Intentionally deleted] Section 8 Transfer Subject to Declarations of Restrictive Covenants. Grantor's transfer of the Property to Grantee is subject to that certain Declaration of Restrictive Covenants generally concerning compliance with the Surplus Land Act (Government Code § 54220 et seq.) recorded for legal purposes prior to this Grant Deed. Grantor's transfer of the Property to Grantee is also subject to that certain Declaration of Restrictive Covenants generally concerning use of the Property for equestrian stable operations recorded for legal purposes prior to this Grant Deed. Section 9. [Intentionally Deleted]. Section 10. Covenants Run with the Land of the Property. Each of the covenants and agreements contained in this Grant Deed touch and concern the Property and each of them is expressly declared to be a community development covenant that runs with the land for the benefit of the Grantor and such covenants run with the land in favor of the Grantor for the entire period that such covenants are in full force and effect, regardless of whether the Grantor is or remains an owner of any land or interest in land to which such covenants relate. The Grantor, in the event of any breach of any such covenants, has 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 are for the benefit of and are enforceable only by the Grantor, and shall survive the execution and recordation of this Grantor Deed and the issuance and recordation of each and every Certificate of Completion, for the time period set forth above for each covenant. The Parties acknowledge that although the community development covenants apply to the entirety of the Property, portions of the Property may, as allowable, be sold or otherwise transferred to various successors and assigns of the Purchaser. Accordingly, the City agrees that with respect to enforcement of any of these covenants, it is understood and agreed that, in the event of a breach of any of these covenants, the City will seek to enforce those covenants only against the then -current owner(s) of that portion of the Property which is not in compliance with any one or more the special development covenants. No owner of any portion of the Property which is in compliance with the special development covenants shall be liable for the breach of any of the special development covenants by any other owner of any other portion of the Property; provided, however, that the foregoing shall not preclude City from seeking damages against any prior owner of any portion of the Property if, during the tenure of such owner's ownership, such owner's portion of the Property was not in compliance with any one or more of the special development covenants. Section 11. Costs and Attorneys' Fees for Enforcement Proceeding. If legal proceedings are initiated to enforce the rights, duties or obligations of any of the covenants set forth in this Grant Deed, then the prevailing parry in such proceeding shall be entitled to collect its reasonable attorney fees and costs from the other party in addition to any other damages or relief obtained in such proceedings. Section 12. Effect of Unlawful Provision; Severability. In the event that any provision of this Grant Deed is held to be invalid or unlawful by a final judgment of a court of competent jurisdiction, such invalidity shall not affect the validity of any other provision of this Grant Deed. IN WITNESS WHEREOF, the Grantor has caused this Grant Deed to be executed by its authorized representative(s) on this _,gL day of '2024. GRANTOR: THE CITY OF SAN JUAN CAPISTRANO a California municipal corporation„ .0 Manager GRANTEE: By: Paul J. Valenzuela [ALL SIGNATURES MUST BE NOTARY ACKNOWLEDGED] EXHIBIT A TO GRANT DEED Property Legal Description In the City of San Juan Capistrano, County of Orange, State of California, being a portion of Lot A of Tract No. Yq , filed in Book 426, Pages 41 through 43, inclusive, of Miscellaneous Maps, in the Office of the County Recorder of said County, described as follows: STABLES PARCEL Beginning at a point in the southeasterly line of said Tract, said point being distant 213.71 feet from the southwesterly corner of said Tract; thence leaving said southeasterly line North 18°37'09" West 29.01 feet; thence North 1°19'13" East 329.95 feet; thence North 72°35'11" East 43.29 feet; thence South 23°12'38" East 25.05 feet; thence North 77°12'16" East 73.32 feet; thence North 0°57'31" East 150.90 feet to a curve concave westerly having a radius of 30.00 feet; thence northerly 19.89 feet along said curve through a central angle of 37°58'51 "; thence North 37°01'20" West 17.42 feet; thence South 88°20'52" East 23.19 feet to a non -tangent curve concave northerly having a radius of 548.00 feet, a radial line to the beginning of said curve bears South 1'20'50" West; thence easterly 363.67 feet along said curve through a central angle of 38°01'24"; thence non -tangent from said curve North 53°19'37" East 336.94 feet; thence North 54°13'40" East 20.03 feet to a curve concave southeasterly having a radius of 160.00 feet; thence northeasterly 35.60 feet along said curve through a central angle of 12°44'53" to a compound curve concave southerly having a radius of 75.00 feet; thence easterly 31.70 feet along said curve through a central angle of 24°12'49"; thence South 88°48'38" East 36.26 feet to a curve concave northerly having a radius of 60.00 feet; thence easterly 48.59 feet along said curve through a central angle of 46°24'16"; thence North 44°47'06" East 12.38 feet; thence South 88°57'59" East 31.03 feet to the easterly line of said Tract; thence along said easterly line South 1°02'01" West 216.58 feet to a point on said easterly line which is distant 233.70 feet northerly from the southeasterly corner of said Tract; thence leaving said easterly line North 88°57'59" West 30.00 feet to a non -tangent curve concave northwesterly having a radius of 892.00 feet, a radial line to the beginning of said curve bears South 45°04'41" East; thence southwesterly 222.26 feet along said curve through a central angle of 14°16'35" to a non -tangent curve concave southeasterly having a radius of 1083.00 feet, a radial line to the beginning of said curve bears North 33°23'23" West; thence southwesterly 223.32 feet along said curve through a central angle of 11'48'52"; thence non -tangent from said curve South 49°13'00" West 415.60 feet; thence South 47°04'22" West 47.96 feet; thence South 55°14'25" West 59.24 feet; thence South 58°55'49" West 59.24 feet to a point in said southeasterly line of said Tract, said point being distant 334.61 feet from said southwesterly corner of said Tract; thence along said southeasterly line South 63°24'06" West 120.90 feet to the Point of Beginning. EXHIBIT "B" Sketch to Accompany Legal Description LEGEND: — — ® INDICATES SHEET NUMBER ------------- RIGHT OF WAY LOT LINE Q0 N L0 0 Q In CD Q0 n TRACT N0. 8485 M. M. 426/41-43 Z P�' .... I-I_I �4 +: ---- I.LI --------------------------- �p 3 I Q ' I ' I L A 5�P G ' � I TRACT N0. 8485 Q�QP QPQ` M.M. 426/41-43 i o QQ���� 1 � I O1 $ MPe �o I ROBERT L. WHEELER IV, PLS 8639 DATE O O z I— U Q U o Q , o � W Q 00 00 Ln ®& ASSOCIATES I R U I NR V N E , I N C EXHIBIT "B" PLANNING ■ ENGINEERING ■ SURVEYING Three Hughes • Irvin, CA 92618 • PR (949) 5831010 • FX: (949) 583.0759 CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA °A7: 2/16/23 0 TE – – – e,GK. KOUCHI sYd R. WHEELER SCALE: 1"= 200' W.O. 1100-6 FILE' I: PW Mission Trails Stables LD 10417\SHT01.dwg HBA LEGAL No. 104121 SHEET 1 OF 3 PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 1181) On May 28, 2024, before me, Christy Jakl, City Clerk, personally appeared Beniamin Siegel, City Manager, who proved to me on the basis of satisfactory evidence to the be 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/there signature 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. CA Capacity Claimed by Signers City Manager Title Signer is Representing City of San Juan Capistrano WITNESS my hand and official seal. Chris Jakl, City Clerk OPTIONAL Description of Attached Document Title or Type of Document Grant Deed APN 664-071-01 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Cal'fornia County of 'bi�Gil/l ) On before me, 6\- Q2 L1 L (insert name and title of the officer personally appeared Vow I � •ytWen-A)d a who proved to me on the basis of satisfactory evidence to be the person(S) whose name{ -Q �Isis� subscribed to the within instrument and acknowle5hii d to me that&/&hc4they executed the`�ame n ( Iher/their authorized capacity(94, and that byed sign's urea on the instrument the person(sr, 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. �0.IANNA ALVAREZ WITNESS my hand and official seal.NOWY Public _ CaMorni, :0--y Oranee County An n Commissions Sep 23, 1 �\ Comm. Expires Seo 27, 2025 Signature (Seal)