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HomeMy WebLinkAbout2007 CON (DEED) Highland Purple Cow - Grant Deed• '. PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED RV: CITY CLERK OF NATIONAL CITY 1243 National City Blvd National City, CA 91950 AND WHEN RECORDED MAIL TO: CITY CLERK OF NATIONAL CITY 1243 National City Blvd National City, CA 91950 GRANT DEED: APN 551-470-43 APN 551-470-15 APN 551-470-17 DOC # 2007-0485919 11E1 !I►I 1!il! II!II IIIII Dili IIIII IIIII !IIII IIIN IIIII IIIIi iiil IIII JUL 20, 2007 10:07 AM L FFICir.L REC,'RDS. �.N D:f:i3O toUNt RECORDER", OFFICE r.1:TN.CuiiNlYR[GOFDEk FEES 000 C N.4 r GE= 10 Dili fill Will111II RIII Wil liii Il 11110 WIII NII IWI 2007-p485919 THIS SPACE FOR RECORDER'S USE ONLY APN 551-470-18 AI'N 551-470-19 APN 551-470-48 (Please fill in document title(s) on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION Prepared By and After Recording Return to: COMMUNITY DEVF,I.OPMENT COMMISSION OF THE CITY OF NATIONAL CITY Send Tax Statements to Grantee (Name and Address): (same as above) GRANT DEED 3513 APN: Documentary Transfer Tax: $-0- 551-470=43, 551-470-15, 551-470-17, 551-470-18, 551-470-19,and 551-470-48 (Transfer without monetary consideration) For valuable consideration, receipt of which is acknowledged, HIGHLAND PARK PURPLE COW, LLC, a California limited liability company ("Grantor") hereby remises, releases and grants to COMMUNITY DEVELOPMENT COMMISSION OF THE CffY OF NATIONAL CITY, a public body, corporate and politic ("Grantee") the following described real property located in the City of National City, County of San Diego, California: See Exhibit "A" attached hereto and incorporated herein This grant is made by Grantor to Grantee without waiving any rights, that the Grantor has under that certain Disposition and Development Agreement entered into between Grantor and Grantee dated April 15, 2003 ("DDA"), a copy of which is on file with Grantee at its offices as a public record and with is incorporated herein by reference. Further, the Grantee waives no rights against the Grantor that it has under the DDA, if any, by the acceptance of the Grant Deed. Dated: April 30, 2007 Grantor: HIGHLAND PARK PURPLE COW, LLC, a California limited liability company James L. Hammett, Manager Revised 4/02 R03855.1 http://www.uslegalforms.com State of California County of San Diego 3514 On April 30, 2007, before me, Teresa Karas, a Notary Public, personally appeared Allan J. Kuebler, personally known to me (or proved to me on the basis of satisfactory evidence) to be the erson(s) whose name(s Vare subscribed to the within instrument and acknowledged to me that she/they executed the same it ii /her/their authorized capacity(ies), and that by(t"'iy /her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. My commission expires: 1)2.12010 �c1PPublict '/%O ®D otary Type or Print Name On April 30, 2007, before me, Teresa Karas, a Notary Public, personally appeared James L. Hammett, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)Dare subscribed to the within instrument and acknowledged to me thatt'&she/they executed the same ir(111)/her/their authorized capacity(ies), and that by er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. My commission expires: do Notary Public Z/ai))0 O Type or Print Name 803855.1 3515 Page 2 DESCRIPTION Order No. 33010174 THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE WEST ALONG THE NORTH LINE OF LAND SO DESCRIBED IN SAID DEED To THE NORTHWEST CORNER THEREOF, BEING A POINT IN THE EAST LINE OF THE PUEBLO OF SAN DIEGO; THENCE ALONG SAID PUEBLO LINE SOUTH 16° 57' EAST TO INTERSECTION WITH A LINE BEARING SOUTH 73° 27' EAST FROM THE TRUE POINT OP BEGINNING; THENCE NORTH 73° 27' EAST 295.00 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 4: (APN: 551-470-19) ALL THAT PORTION OF A PORTION OF THE EX -MISSION LANDS AND SAN DIEGO, COMMONLY • KNOWN AS HORTON'S PURCHASE, IN THE CITY OF. NATIONAL CITY, COMITY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 283, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MARCH 9, 1878, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE NORTH LINE OF A PORTION OP SAID LOT 69 CONVEYED TO CHARLES 0. POWERS BY DEED DATED NOVEMBER 4, 1921 AND RECORDED IN BOOK 855, PAGE 428 OF DEEDS, WITH THE EASTERLY LINE OF A PUBLIC HIGHWAY KNOWN AS THE EXTENSION OF HIGHLAND AVENUE THROUGH HORTON'S PURCHASE OF EX -MISSION RANCHO AS SHOWN ON MAP OF OLD SURVEY NO. 149 AND ROAD. SURVEY NO. 321, ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID SAN DIEGO COOUNTY:'TMD CB EAST ALONG SAID NORTH LINE OF SAID POWERS PROPERTY, A DISTANCE OP 150 FEET; THENCE SOUTH AMONG ALINE PARALLEL WITH THE EAST LINE OF SAID LOT 69 A DISTANCE OF 39 FEET; THENCE WESTERLY IN A STRAIGHT LINE A DISTANCE OF 151 FEET, MORE OR LESS TO A POINT ON THE EASTERLY LINE OF SAID HIGHLAND AVENUE, WHICH IS THEREON 48 FEET SOUTHERLY FRON THE POINT OF BEGINNING; THENCE NORTHERLY ALONG SAID EASTERLY LINE OF SAID HIGHWAY, 48 FEET TO THE POINT OF BEGINNING. PARCEL S: (APE: 551-470-18) THAT PORTION OF A PORTION OF THE EX -MISSION LANDS AND SAN DIEGO, COMMONLY IQWI N AS HORTON'S PURCHASE, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 283, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MARCH 9, 1878, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE NORTH LINE OF A PORTION OF SAID LOT 69 CONVEYED TO CHARLES O. POWERS BY DEED DATED NOVEMBER 4, 1921 AND RECORDED IN BOOK 855, PAGE 428 OF DEEDS, WITH THE EASTERLY LINE OF A PUBLIC HIGHWAY KNOWN AS THE EXTENSION OF HIGHLAND AVENUE THROUGH HORTON'S PURCHASE OF EX -MISSION RANCHO AS SHOWN ON MAP OF OLD SURVEY NO. 149 AND ROAD SURVEY NO. 321, ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID SAN DIEGO COUNTY; THENCE SOUTHERLY ALONG SAID EASTERLY LINE OF HIGHLAND AVENUE A DISTANCE OF 48 FEET TO THE TRUE POINT OF BEGINNING, BEING THE SOUTHWESTERLY CORNER OF A PORTION OF SAID LOT 69 CONVEYED BY CHARLES O. POWERS TO CLINE O. POWERS BY DEED DATED OCTOBER 8, 1935 AND RECORDED IN BOOK 445, PAGE 18 OF OFFICIAL RECORDS; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID LAND CONVEYED TO CLINE O. POWERS A DISTANCE OF 140 FEET: THENCE ALONG A LINE PARALLEL WITH THE EAST LINE OF SAID LOT 69 A DISTANCE OF 44 FEET; THENCE SOUTHWESTERLY IN A STRAIGHT LINE, A DISTANCE OF 127 FEET MORE OR LESS TO A POINT ON THE EASTERLY LINE OF SAID HIGHLAND AVENUE 1PHICH IS DISTANT THEREON 54 FEET SOUTHERLY FROM THE TRUE POINT OF BEGINNING; THENCE NORTHERLY ALONG SAID EASTERLY LINE OF SAID HIGHWAY 54 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 6,: (APR: 551-470-48) THAT PORTION OF A PORTION OF THE EX -MISSION LANDS AND SAN DIEGO, COMMONLY KNOWN "EXHIBIT A" Page DESCRIPTION r No. 3 3 0 0174 PARCEL 1: (APN: 551-470-43) THAT PORTION OF LOT 69 OF THE EX -MISSION LANDS OF SAN DIEGO (COMMONLY KNOWN AS HORTON'S PURCHASE), IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 283, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 9, 1878, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EASTERLY LINE OF THE PUEBLO OP SAN DIEGO THAT IS 59.50 RODS SOUTH AND 73.80 RODS WEST OP THE NORTHEAST CORNER OF SAID LOT 69; THENCE NORTH 89° 40' 00" EAST 379.60 FEET TO THE SOUTHEAST CORNER OF LAND DESCRIBED IN DEED FROM CHARLES O. POWERS TO S.R. MC CORMICR RECORDED MAY 2, 1922 IN BOOK 876, PAGE 465 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE ALONG THE EAST LINE OF SAm-MC CORNICE LAND, NORTH 15° 33' 00" WEST, 289.00 FEET TO THE MOST NORTHERLY CORNER THEREOF; THENCE ALONG TUE NORTH LINE OF SAID LAND, SOUTH 73° 27' 00" WEST, 76.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE AT RIGHT ANGLES, NORTH 16° 33' 00" WEST, 48.00 FEET; THENCE SOUTH 73° 27' 00" WEST, PARALLEL WITH THE NORTH LINE OF SAID MC CORMICK LAND, 295.00 FEET, MORE OR LESS, TO THE EAST LINE OF PUEBLO LANDS OF SAN DIEGO; THENCE ALONG SAID PUEBLO LANDS LINE SOUTH 16° 57' 00" EAST, 48.00 FEET, TO THE NORTH LINE OF SAID MC CORNICE LAND; THENCE ALONG SAID NORTH LINE NORTH 73° 27' 00" EAST, 295.00 FEET TO THE TRUE POINT OF BEGINNING. 3516 PARCEL 2: (APN: 551-470-43) THE NORTHWESTERLY 12 FEET OF THE SOUTHWESTERLY 295 FEET OF ALL THAT PORTION OF LOT 69 OP A PORTION OF THE EX -MISSION LANDS OF SAN PIEGO, KNOWN AS HORTON'S PURCHASE, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 283, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 9, 1878, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID LOT 69, ,SOUTH 981.75 FEET AND WEST 1,217,70 FEET FROM THE NORTHEAST CORNER OF SAID LOT; THENCE NORTH 89° 40' 00" EAST, 379.60 FEET; THENCE NORTH 15° 33' .00" WEST, 289.000 FEET; THENCE SOUTH 73° 27' 00" WEST, 371.00 FEET TO A POINT IN SAID WESTERLY LINE; THENCE SOUTH 16° 57' 00" EAST, ALONG SAID WESTERLY LINE, 182.20 FEET TO THE POINT OF BEGINNING. PARCEL 3: (APO: 551-470-15 AND 17) TEAT PORTION OF LOT 69 OF A PORTION OF THE EX -MISSION LANDS OF SAN DIEGO (COMMONLY CALLED HORTON'S PURCHASE), TN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 283, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, MARCH 9, 1878, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EASTERLY LINE OF THE PUEBLO OF SAN DIEGO TEAT IS 59.5 RODS SOUTH AND 73.8 RODS WEST OF THE NORTHEAST CORNER OF SAID LOT 69; THENCE NORTH 89° 40' EAST 379.6 FEET TO THE SOUTHEAST CORNER OF LAND DESCRIBED IN DEED FROM CHARLES O. POWERS, TO E.F. MC CORMICK RECORDED MAY 2, 1922 IN BOOK 876, PAGE 465 OF DEEDS, IN THS OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE ALONG THE EAST LINE OF SAID MC CORMICK LAND NORTH 15° 33' WEST 289.0 FEET TO THE MOST NORTHERLY CORNER THEREOF; THENCE ALONG THE NORTH LINE OF SAID LAND SOUTH 73° 27' WEST 76.00 FEET; TxsNCE AT RIGHT ANGLES NORTH 16° 33' WEST 48.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 16° 33' WEST TO THE NORTH LINE OF LAND DESCRIBED IN DEED FROM JAMS W. POWERS ET UX TO CHARLES O. POWERS RECORDED NOVEMBER 5, 1921 TN BOOK 855, PAGE 428 OF DEEDS, IN • 3517 Orde 3 er No. 33010174 DESCRIPTION AS HORTON'S PURCHASE, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP TWRREOF NO. 283, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO,COUNTY MARCH 9, 1878, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF THE LANDS OF VESTA MAGEE IN SAID LOT 69 AS DESCRIBED IN THE DEED RECORDED IN BOOK 455, PAGE 19 OF OFFICIAL RECORDS AND RUNNING THENCE EASTERLY ALONG A LINE FORMING THE EASTERLY PROLONGATION OF TEE SOUTHERLY BOUNDARY LINE OF THE LANDS OF SAID VESTA MAGEE TO THE POINT OF INTERESECTTON OF SAID PROJECTION WITH THE NORTHERLY PROJECTION OF THE EASTERLY LINE OF. THE LANDS OF CHARLES O. POWERS AND ADELAIDE POWERS IN SAID LOT 69 AS DESCRIBED IN THE DEED RECORDED IN BOOR 874, PAGE 377 OF OFFICIAL RECORDS; THENCE CONTINUING ALONG SAID NORTHERLY PROJECTION NORTHERLY TO THE INTERESECITON THEREOF WITH THE SOUTHERLY LINE OF LANDS OF HENRY NROPP; THENCE WESTERLY ALONG SAID LAST-MENTIONED LINE TO THE INTERESECTTON THEREOF WITH THE NORTHERLY PROJECTION OF THE EASTERLY BOUNDARY LINE OF SAID LANDS OF SAID VESTA MAGEE; "'HENCE AT RIGHT ANGLES SOUTHERLY AND ALONG SAID PROJECTION LAST MENTIONED AND ALSO ALONG SAID EASTERLY BOUNDARY OF THE LAND OF SAID vESTA MAGEE TO THE POINT OF COMMENCEMENT. This is to certify that the interest in real property conveyed by this instrument to the Community Development Commission of the City of National City, is hereby accepted by the undersigned officer on behalf of the Community Development Commission of the City of National City, pursuant to authority conferred by Resolution No. 2007-125 , adopted by the Board of Directors of the Community Development Commission of the City of National City on June 5 , 2007 and the grantee consents to recordation thereof by its duly authorized • officer. Date: June 5, 2007 By: 3518 803855.1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ss. Name I Title of Officer (e.g.. 'Jane Don. Notary Public') — _ n % _arty SC AJ Name(s) of Signer(s) State of California County of S Q a On s��l Ne_ l �, 2O0'7 before me, Date personally appeared 3519 Place Notary Seal Above personally known to me 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. WITNESS my hand and official seal. diY erg -- OPTIONAL Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: _ Document Date: Signer(s) Other Than Named Above: Capacfty(ies) Claimed by Signer(s) Signer's Name: Individual Corporate Officer — Title(s): Partner — i Limited = General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: Number of Pages: Signer's Name: • Individual Corporate Officer — Title(s): Partner — Limited ; i General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT Of- SIGNFR J © 2004 National Notary Association • 9350 De Soto Ave., P.D. Rox 2402 • Chatsworth. CA 91313-2402 Item No S901 Reunite.. Call Toll -Free 1-800 876 6827 3520 RESOLUTION NO. 2007 - 125 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY (CDC) ACCEPTING A GRANT DEED FROM HIGHLAND PARK PURPLE COW REVESTING TITLE TO THE PROPERTY DESCRIBED AS APNS 551-470-43, 551-470-15, 551-470-17, 551-470-18, 551-470-19, AND 551-470-48 TO THE CDC, AS PROVIDED BY THE DDA WHEREAS, the CDC had previously entered into a Disposition and Deveolpment Agreement (DDA) with developer Highland Park Purple Cow LLC for the property described as APNs 551-470-43, 551-470-15, 551-470-17, 551-470-18, 551-470-19, and 551-470-48; and WHEREAS, the developer did not commence construction of the project, which resulted in a court case being filed against the developer. That court case (GIC871365) is currently pending before the Superior Court of San Diego alleging various breaches by the developer, including not complying with the terms of the Development and Disposition Agreement by failing to commence or complete construction of the proposed project; and WHEREAS, the CDC had conveyed title to the property at issue as part of the DDA. In the event of a breach, the DDA provides that the developer must re -vest its title in the property back to the CDC; and WHEREAS, the CDC previously demanded the re -vesting. The developer is now re -vesting title to the property to the CDC. By accepting this deed, the property would once again be re -vested in the name of the CDC, and the CDC would retain its rights to pursue its other remedies in the litigation. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby accepts a Grant Deed from developer Highland Park Purple Cow revesting title to the property described as APNs 551-470-43, 551-470-15, 551-470-17, 551-470-18, 551-470-19, and 551-470-48 to the CDC, as provided by the DDA PASSED and ADOPTED this 5th day of June, 20 on Morrison, Chairman ATTEST: Bra i :n, Secretary APPROVED AS TO FORM: �/ ' ✓ I�OGc-� George H. Eiser, Ill Legal Counsel • 3521 Passed and adopted by the Community Development Commission of the City of National City, Califomia, on June 5, 2007, by the following vote, to -wit: Ayes: Commissioners Natividad, Parra, Ungab, Zarate. Nays: None. Absent: Commissioner Morrison. Abstain: None. AUTHENTICATED BY: RON MORRISON Chairman Community Development Commission BRAD RAULSTON Secretary Community Development Commission By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2007-125 of the Community Development Commission of the City of National City, Califomia, passed and adopted on June 5, 2007. Secretary Community Development Commission By: Deputy City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 July 16, 2007 Gregory J. Smith Assessor / Recorder / County Clerk County of San Diego Post Office Box 1750 San Diego CA 92112-4147 Dear Mr. Smith: We are submitting the following documents in duplicate for recording: GRANT DEED: APN 551-470-43 APN 551-470-15 APN 551-470-17 APN 551-470-18 APN 551-470-19 APN 551-470-48 Please note the recording information on the duplicate copy provided, and return it to the Office of the City Clerk. Sincerely, 14 Michael R. Dalla, CMC City Clerk Enclosure cc: Community Development Commission ® Recycled Paper RESOLUTION NO. 2007 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY (CDC) ACCEPTING A GRANT DEED FROM HIGHLAND PARK PURPLE COW REVESTING TITLE TO THE PROPERTY DESCRIBED AS APNS 551-470-43, 551-470-15, 551-470-17, 551-470-18, 551-470-19, AND 551-470-48 TO THE CDC, AS PROVIDED BY THE DDA WHEREAS, the CDC had previously entered into a Disposition and Deveolpment Agreement (DDA) with developer Highland Park Purple Cow LLC for the property described as APNs 551-470-43, 551-470-15, 551-470-17, 551-470-18, 551-470-19, and 551-470-48; and WHEREAS, the developer did not commence construction of the project, which resulted in a court case being filed against the developer. That court case (GIC871365) is currently pending before the Superior Court of San Diego alleging various breaches by the developer, including not complying with the terms of the Development and Disposition Agreement by failing to commence or complete construction of the proposed project; and WHEREAS, the CDC had conveyed title to the property at issue as part of the DDA. In the event of a breach, the DDA provides that the developer must re -vest its title in the property back to the CDC; and WHEREAS, the CDC previously demanded the re -vesting. The developer is now re -vesting title to the property to the CDC. By accepting this deed, the property would once again be re -vested in the name of the CDC, and the CDC would retain its rights to pursue its other remedies in the litigation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts a Grant Deed from developer Highland Park Purple Cow revesting title to the property described as APNs 551-470-43, 551-470-15, 551-470-17, 551-470-18, 551- 470-19, and 551-470-48 to the CDC, as provided by the DDA PASSED and ADOPTED this 5th day of June, 2007. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE June 5, 2007 AGENDA ITEM NO. 33 ITEM TITLE RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY - OFF NATIONAL CITY (CDC) ACCEPTING A GRANT DEED FROM HIGHLAND PARK PURPLE COW REVESTING TITLE TO THE PROPERTY DESCRIBED AS APN 551-470-43, 551-470-15, 551-470-17, 551-470-18, 551-470-19, AND 551-470-48 TO THE CDC, AS PROVIDED BY THE DDA PREPARED BY Claudia Gacitua Silva (Ext. 4222) EXPLANATION DEPARTMENT City Attorney The CDC had previously entered into a Disposition and Deveolpment Agreement (DDA) with developer Highland Park Purple Cow LLC. The developer did not commence construction of the project, which resulted in a court case being filed against the developer. That court case (GIC871365) is currently pending before the Superior Court of San Diego alleging various breaches by the developer, including not complying with the terms of the Development and Disposition Agreement by failing to commence or complete construction of the proposed project. The CDC had conveyed title to the property at issue as part of the DDA. In the event of a breach, the DDA provides that the developer must re -vest its title in the property back to the CDC. The CDC previously demanded the re -vesting. The developer is now re -vesting title to the property to the CDC. By accepting this deed, the property would once again be re -vested in the name of the CDC. Environmental Review ,% N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 'o o � - Resolution Grant Deed A-200 (9/99)