06-0425_HOME DEPOT USA INC_Corporation Grant Deed_2006000274911RF
CORDING REQUESTED 6Y
FIRST
NY
RES DENT ALIDIVISIONTLE PA
RECORDING REQUESTED BY:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
AND WHEN RECORDED, MAIL TO:
Margaret R. Monahan, City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Exempt from Recording Fees:
Gov Code 27383 & 6103
City of San Juan Capistrano
Title of Document:
This Document was electronically recorded by
First American Title C
Recorded in Official Records, Orange County
Tom Daly, Clerk -Recorder
In�lln���V�n��ull� NO FEE
2006000274911 08:00am 04/25/06
119 30 G02 7
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I This Space for Recorder's Use Only
Corporation Grant Deed (Home Depot USA, INC./San Juan Capistrano Community
Redevelopment Agency)
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I This Space for Recorder's Use Only
Corporation Grant Deed (Home Depot USA, INC./San Juan Capistrano Community
Redevelopment Agency)
Recording requested by, and when recorded
mail to, and mail tax statements to:
San Juan Capistrano Community
Redevelopment Agency
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Executive Director
Space above this line for Recorder's use t
Documentary Transfer Tax $ a �o 1� �Gi^J. DD
Conveyed, not exclusive of liens and
encumbrances remaining on property at
time of sale
/MI
Agent of Seller
CORPORATION GRANT DEED
For valuable and adequate consideration, receipt of which is hereby acknowledged, THE
HOME DEPOT USA, INC., a Delaware corporation ("Grantor"), grants fee title to the SAN
JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, a California municipal
agency ("Grantee"), all of that certain real property situated in the City of San Juan Capistrano,
County of Orange, State of California, and more particularly described on Exhibit A, attached
hereto (the "Property").
This grant is made on the express condition, that for a period of twenty (20) years from
the date this Deed is recorded in the Official Records of Orange County, California, no portion of
the Property shall be used for a retail home improvement center or for any business which sells,
displays, leases, rents or distributes the following items or materials, singly or in any
combination: lumber, hardware, tools, plumbing supplies, pool supplies, jacuzzis and hot tubs,
electrical supplies, paint, wallpaper and other wallcoverings, windows, window treatments
(including draperies, curtains and blinds), kitchen or bathrooms or components thereof (including
tubs, sinks, faucets, mirrors, cabinets, showers, vanities, countertops and related hardware), hard
and soft flooring (including tile [including ceramic tile], wood flooring, rugs and carpeting),
siding, ceiling fans, gardening and garden nursery supplies, artificial and natural plants, outdoor
cooking equipment and accessories, patio furniture and patio accessories, Ch,istmas trees, indoor
and outdoor lighting systems and light fixtures, cabinets and unfinished and finished furniture,
kitchen and household appliances, closet organizing systems, pictures or picture framing, interior
design services, or other products generally sold in a retail home improvement center, except for
the incidental sale of such items. An "incidental sale of such items" is one in which there is no
more than the lesser of (i) five percent (5%) of the total floor area of such business, or (it) 1,000
square feet of sales and/or display area, relating to such items individually or in the aggregate.
By way of example but not limitation, as of the date of recording of this Deed stores operated
under the following trade names each constitute a retail home
Ifff
901
improvement center: Home Depot, Lowe's, Menard's, Ace Hardware, Sutherlands, H.S. Farrell.
Hader Hardware, Lumbermen's Building Centers, Denaults and United Building Centers.
In addition to any other rights, Grantor may have, Grantor has the right to seek all legal
and equitable damages and remedies in the event of a breach of the covenant set forth above.
Executed on Aprilf 1 , 2006, at�t , California.
THE HOME DEPOT USA, INC., a
Delaware corporation
M
CERTIFICATE OF ACCEPTANCE
(Govt. C. § 27281)
This is to certify that the interest in real property conveyed by this deed dated as
of April _Z;Z,. 2006 from THE HOME DEPOT USA, INC., a Delaware corporation
("Grantor"), to the SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY,
a California municipal agency (the "Agency"), is hereby accepted by the undersigned officer or
agent on behalf o the Agency pursuant to authority conferred by resolution of the Agency
adopted on f 2006; and the Agency
consents
to rec�attio thereof by its duly
authorized of Icerf-C.611 MLl A
Dated: April ��, 2006
Soto, Chairman, Board of Directors
Ln Capistrano Community
lopment Agency, a California municipal
ATTEST }
Mar r t R4WX,,�i
, City CI_ erk
t�y,b: a'z`i
ACKNOWLEDGMENTS
State of California ,W�Y R� . CoWba a
Omw Conry
ss. UVComm. EVWJan 12, 20
County of Orange
On April L, 2006, before me, the undersigned Notary Public, personally
appeared Aho_L Sft haWd personally known to me or proved to me on the
basis of satisfactory evidence to be the persons whose names are subscribed to the within
instrument, and acknowledged to me that they executed the same in their authorized
capacities, and that by their signature on the said instrument the persons, or the entity on
behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
Dated: April 1-19, 2006
tary Public in and for the State of
California
My commission expires: 1-12�[Kj
State of California
ss.
County of Orange -V
6g;v otp�
On April _, 2006, before me, the under i ned Notary Public, personally
appeared Joseph Soto, personally known to or proved to me on the basis of
satisfactory evidence to be the person whose,p6he is subscribed to the within instrument,
and acknowledged to me that he executed a same in his authorized capacity, and that by
his signature on the said instrument a person, or the entity on behalf of which the
person acted, executf,d the instrum t.
WITNESS my handoCid official seal,
Dated: April
Notary Public in and for the State of
California
My commission expires:
2568-001�gw.no\Corp Gm Deed Final.d.
PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT
State of California )
County of Orange ) ss.
City of San Juan Capistrano )
(Gov't Code 40814 & Civil Code 1181)
On April 19, 2006 before me, Margaret R. Monahan, City Clerk, personally appeared Joe Soto,
personally known to me 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 persons acted, executed the
instrument.
(SEAL)
OPTIONAL
Capacity Claimed by Signer
Chairman of the Board of Directors
Title
Signer is Representing
WITNESS my hand and official seal. t j
Agency Secretary K
Description of Attached Document
Corporation Grant Deed (Home Depot USA,
Title or Type of Document
San Juan Capistrano, Community
Redevelopment Agency April 19, 2006
Date of Document
TRACT 1:
THAT PORTION OF THE LAND DESCRIBED IN PARCEL 1 OF THE DEED TO PAUL N. YORBA
AND OTHERS, RECORDED AUGUST 11, 1945 IN BOOK 1354, PAGE 91 OF OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF THE
ATCHISON, TOPEKA AND SANTA FE RAILROAD, WITH THE SOUTH LINE OF THE LAND
CONVEYED BY ROSA A. PRYOR TO ALBERT PRYOR AND CHRISTINA S. LANDELL, BY DEED
RECORDED IN BOOK 111, PAGE 202 OF DEEDS OF SAID ORANGE COUNTY; THENCE SOUTH 16
DEGREES 01'30" WEST ALONG THE ABOVE MENTIONED WESTERLY RIGHT OF WAY LINE,
205.52 FEET TO A 2 -INCH PIPE MONUMENT MARKED "R.D.E. 10301"; THENCE NORTH 61
DEGREES 11'37" WEST 1008.34 FEET TO AN INTERSECTION WITH THE NORTHWESTERLY
LINE OF THE ABOVE MENTIONED PARCEL 1; THENCE NORTH 30 DEGREES 03'5 7" EAST 117.90
FEET TO THE MOST NORTHERLY CORNER OF SAID PARCEL 1; THENCE SOUTH 66 DEGREES
16'26" EAST ALONG SAID SOUTH LINE OF LAND CONVEYED TO ALBERT PRYOR AND
CHRISTINA S. LANDELL, 963.82 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM, THE PORTION LYING WESTERLY OF THE EASTERLY LINE OF THE
STRIP OF LAND 250.00 FEET IN WIDTH, DESCRIBED IN PARCEL L1-111.01 OF THE LIS
PENDENS RECORDED MARCH 20, 1962 IN BOOK 6044, PAGE 731 OF OFFICIAL RECORDS,
ENTITLED "ORANGE COUNTY FLOOD CONTROL DISTRICT, A BODY POLITIC AND
CORPORATE OF THE STATE OF CALIFORNIA, PLAINTIFF, VS. PAUL N. YORBA AND OTHERS,
DEFENDANTS."
ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS PARCEL NO. 128 IN DEED TO
THE COUNTY OF ORANGE RECORDED FEBRUARY 24, 1992 AS INSTRUMENT NO. 92-105463 OF
SAID OFFICIAL RECORDS.
TRACT 2:
PARCEL A AS SHOWN ON EXHIBIT "B" ATTACHED TO THAT CERTAIN CERTIFICATE OF
COMPLIANCE RECORDED APRIL 29, 1999 AS INSTRUMENT NO. 19990313082 OF OFFICIAL
RECORDS OF ORANGE COUNTY, CALIFORNIA.
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EXHIBIT A TO CORPORATION GRANT DEED
[Property description]
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San Juan Capistrano
Community
Redevelopment
Agency
TRANSMITTAL
TO: Ken Steeleman, Attorney at Law
Representing Home Depot USE, Inc.
FROM: Meg Monahan, City Clerk
City of San Juan Capistrano, CA
April 19, 2006
SUBJECT: Corporation Grant Deed — Home Depot USA, Inc./San Juan Capistrano
Community Redevelopment Agency (lower Rosan)
Enclosed is
• executed, original Corporation Grant deed related to the Lower Rosan
Property.
• Certified Copy of Resolution No. CRA 06-04-18-01 related to accepting the
grant deed.
I understand you will arrange to have the document recorded. Please return the
original recorded document to my attention as follows:
Meg Monahan, City Clerk
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Please contact me at (949) 443-6308 with any questions.
Thank you
32400 Paseo Adelanto
San Juan Capistrano
California 92675
949-493-1171