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:
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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
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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)