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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 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ON I This Space for Recorder's Use Only Corporation Grant Deed (Home Depot USA, INC./San Juan Capistrano Community Redevelopment Agency) z � c c-> a M 3> n zK C-) r, N co c`. < v: �. > rn tY T. - c n a 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. r �XEf/�17r P� EXHIBIT A TO CORPORATION GRANT DEED [Property description] nor a snn � e.riaxnnnj c � f 1 Mnmin�mn 81R1 U senx�InvifIxnnu� 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