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20110364064
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Recorder's Cffice, Los Angeles County,
California
03/09/11 AT 03:40PM
FEES:
TAXES:
OTHER:
PAID:
LEADSHEET
201103090D30159
00003866363
003202588
SEQ:
09
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DAR - Counter (Hard Copy}
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OFFICIAL BUSINESS
Document entitled to free
Recording per Government Code Section 6103
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of Santa Monica
1901 Main Street, Suite E
Santa Monica, CA 90405-1191
SPACE ABOVE THIS LINE FOR RECORDING USE
Parcel Number: 4288-027-916
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. the
REDEVELOPMENT AGENCY OF THE .CITY OF SANTA MONICA, a public body
corporate and politic of the State of California, herein called "Grantor", acting to carry
out the Redevelopment Plan for the Ocean Park Redevelopment Project Area 1 B,
herein called "Redevelopment Plan", under the Community Redevelopment Law of the
State of California, hereby grants to the CITY OF SANTA MONICA, a charter city, duly
formed, validly existing and in good standing under the laws of the State of California,
herein called "Grantee", the real property, hereinafter referred to as the "Agency Parcel",
described in the document attached hereto, labeled Exhibit "A" and incorporated herein
by this reference.
(1) The Agency Parcel is conveyed in accordance with and subject to the
Redevelopment Plan, which was approved and adopted by the City Council of the City
of Santa Monica (the "City Council") on January 24th 1961, .(the "Project Area") by
Ordinance No. 516 (the "Project Area"),-which results in the allocation of taxes from the
Project Area to the Agency for purposes of redevelopment and the Agency's Five-Year
Implementation Plan for the Project Area, as amended from time to time (the
"Implementation Plan") with established goals to support affordable housing, economic
development, community revitalization, commercial revitalization, and institutional
revitalization.
(2) Grantee hereby covenants and agrees for itself, its successors, its assigns, and
every successor in interest to the Agency Parcel that Grantee, such successors and
such assigns, shall develop, maintain, and use the Agency Parcel for any municipal
purpose, including, but not limited to, affordable housing and public improvements, in
conformance with the Redevelopment Plan.
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(3) Grantee covenants and agrees for itself, its- successors, its 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 sex, sexual orientation,
marital status, race, color, creed, religion, national origin or ancestry in the sale, lease,
sublease, transfer, use, occupancy, tenure, or enjoyment of the Agency Parcel, nor
shall 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, subtenants,
sublessees, or vendees in the Agency Parcel. The foregoing covenants shall run with
the land.
(4) All deeds, leases or contracts made relative to the Agency Parcel, improvements
thereon, or any part thereof, shall contain or be subject to substantially the following
nondiscrimination or nonsegregation clauses:
1. In deeds: "The grantee herein covenants by and for himself
or herself, his or her heirs, executors, administrators, 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
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, 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 him or her, establish or permit any 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."
Notwithstanding the paragraph, with respect to familial
status, paragraph (1) shall not be construed to apply to
housing for older persons, as defined in Section 12955.9 of
the Government Code. With respect to familial status,
nothing in paragraph (1) shall be construed to affect
Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the
Civil Code, relating to housing for senior citizens.
Subdivision (d) of Section 51 and Section 1360 of the Civil
Code and subdivisions (n), (o), and (p) of Section 12955 of
the Government Code shall also apply to the above
paragraph.
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2. In leases: "The lessee herein covenants by and for himself
or herself, his or her heirs, executors, administrators, and
assigns, and all persons claiming under or through him or
her, 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 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, in the leasing, subleasing, transferring,
use, occupancy, tenure, or enjoyment of the premises herein
leased nor shall the lessee himself or herself,. or any person
claiming under or through him or her, 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, sublessees, subtenants, or
vendees in the premises herein leased."
Notwithstanding the above paragraph, with respect to
familial status, paragraph (1) shall not be construed to apply
to housing for older persons, as defined in Section 12955.9
of the Government Code. With respect to familial status,
nothing in paragraph (1) shall be construed to affect
Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the
Civil Code, relating to housing for senior citizens.
Subdivision (d) of Section 51 and Section 1360 of the Civil
Code and subdivisions (n), (o); and (p) of Section-12955 of
the Government Code shall apply to the_above paragraph.
3. In contracts entered into by the Agency relating to the sale,
transfer, or leasing of land or any interest therein acquired by
the Agency within any survey area of redevelopment project
the foregoing provisions in substantially the forms set forth
shall be included and the contracts shall further provide that
the foregoing provisions shall be binding upon and shall
obligate the contracting party or parties and any
subcontracting party or parties, or other transferees under
the instrument.
(5) All conditions, covenants and restrictions contained in this Grant Deed shall be
covenants running with the land, and shall, in any event, and without regard to technical
classification or designation, legal or otherwise, be, to the fullest extent permitted by law
and equity, binding for the benefit and in favor of, and enforceable by Grantor, its
successors and assigns, against Grantee, its successors and assigns, to or of the
3
Agency Parcel conveyed herein or any portion thereof or any interest therein, and any
party in possession or occupancy of said Agency Parcel or portion thereof:
(6) The conditions contained in paragraphs (4) and (5) of this Grant Deed shall
remain in perpetuity, except as otherwise expressly provided herein.
(7) In amplification and not in restriction of the provisions set forth hereinabove, it is
intended and agreed that Grantor shall be deemed a beneficiary of the agreements and
covenants provided hereinabove both for and in its own right and also for the purposes
of protecting the interests of the community. All covenants without regard to technical
classification or designation shall be binding for the benefit of Grantor, and such
covenants shall run in favor of Grantor for the entire period during which such
covenants shall be in force and effect, without regard to whether Grantor is or remains
an owner of any land or interest therein to which such covenants relate. Grantor shall
have the right, in the event of any breach of any such agreement or covenant, to
exercise all the rights and remedies, and to maintain any actions at law or suit in equity
or other proper proceedings to enforce the curing of such breach of agreement or
covenant.
(8) 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 way
impair the lien or charge of any mortgage or deed of trust or security interest; provided,
however, that any. subsequent owner of the Agency Parcel shall be bound by such
remaining covenants, conditions, restrictions, limitations, and provisions, whether such
owner's title was acquired by foreclosure, deed in lieu of foreclosure, trustee's sale or
otherwise.
(9) None of the terms, covenants, agreements or conditions heretofore agreed upon
in writing in other instruments. between the parties to this Grant Deed with respect to
obligations to be performed, kept or observed by Grantee or Grantor in respect to said
Agency parcel or any part thereof after this conveyance of said Agency Parcel shall be
deemed to be merged with this Grant Deed.
(10) The covenants contained in this Grant Deed shall be construed as covenants
running with the land and not as conditions which might result in forfeiture of title, except
for the covenant and condition contained in paragraph 2 of this Grant Deed.
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IN WITNESS WHEREOF, Grantor and Grantee have caused this instrument to be
executed on their behalf by their respective officers hereunto duly authorized this °!'f~
day of ftiltiil'~ ,2011.
GRANTOR
Attest:
y -~-"
Maria Stewart
Secretary
APPROVED AS TO FORM:
Kane Ballmer & Berkman
By:
Murray O. Kane
Agency Special Counsel
Attest:
Bv: ~,~ ~~
Maria Stewart
City Clerk
APPROVED AS TO FORM:
By: i
rsha s Mou
' y Atto y
REDEVELOPMENT AGENCY OF THE
CITY OF SANTA MONICA
By:
Richard Bloom
Agency Chair
GRANTEE
CITY OF SANTA MONICA
By: ~l __
Rod Gould
City Manager
IN WITNESS WHEREOF, Grantor and Grantee have caused this instrument to
be executed o,/ny ~their behalf by their respective officers hereunto duly authorized this
day of //(,~ , 2011.
GRANTOR
Attest:
By:
Maria Stewart
Secretary
APPROVED AS TO FORM:
Kane Ballmer & Berkman
~~ Murray O. Kane
~`` Agency Special Counsel
Attest:
By:
Maria Stewart
City Clerk
APPROVED AS TO FORM:
By:
Marsha Jones Moutrie
City Attorney
REDEVELOPMENT AGENCY OF THE
CITY OF SANTA MONICA
By:
Richard Bloom
Agency Chair
GRANTEE
CITY OF SANTA MONICA
By:
Rod Gould
City Manager
s
f°.."y
State of California
County of Los Angeles
On ~ (~i ~ if 2011 before me, (V~ v= ~ ~. S~~ (Here insert
name of the officer), Notary Public, personally appeared
~- G U, r \ ~ ,who proved to me on the basis of satisfactory
evidence to be the 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/their signature(s) 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.
WITNESS my hand and official seal.
MARIA M. STEWART S Signature o~ Notary Public
COMM. #7847239 Zg
NOYARY PUBLIC 0 CALJFORNUI f~'.
[Seal]
State of California
County of Los Angeles
On 3"~1' 11 2011 before me, MO.o~a dY~.~e.-~~~(here insert
n e of the officer), Notary. Public, personally appeared
~~c Q..~_~ 2jtc~~-..~ ,who proved to me on the basis of satisfactory
evidence to be the 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/their signature(s) 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.
WITNESS my hand and official seal.
Signature o Notary Public
;,~.. MARIA M. STEWART
COMM. #1847239
[Seal] g ~OSANGELES COUN~TY~A
j Comm. Exp. MAY t, 2013
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EXHIBIT A
LEGAL DESCRIPTION
Real property in the City of Santa Monica, County of Los Angeles, State of California,
described as follows:
LAND DESC IN DOC 0005349,760806 *TR=REPEAT OF BAY VIEW TR*POR OF VAC
ST AND VAC ALLEY AND LOTS 1,3 THRU 20,22,24 26,28,34 AND 36 AND ALL OF
LOTS 21,23,2527,29,31,33,35,37,39,41 AND LOT 43 BLK 10
APN: 4288-027-916
;33k
33; J
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CERTIFICATE OF ACCEPTANCE
Pursuant to California Government Code Section 27281, .th's is to certify that the
interest in real property conveyed by this Grant Deed dated A~L~ , 2011, is
hereby accepted pursuant to authority conferred by the CITY SANTA MONICA on
1~raV(. ~Ijl 2011, and the Grantee consents to recordation thereof by its duly
authorized officer.
CITY OF SANTA MONICA
Date: ~ ~ ~. ~ L ` By: ~ '~'"~
Rod Gould ~
' City Manager