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Home My WebLink About 2016 CON SA Constellation Property Group - Condoninium Unit 45 - Deed RestrictionsA vy\ ZTO S RECORDING REQUESTED BY Tt.do- ) SUCCESSOR AGENCY AND WHEN RECORDED MAIL TO: ) ) City Clerk, City of National City ) 1243 National City Blvd. ) National City CA, 91950 ) DOC# 2016-0427588 III II11111IIIII 1I11IIII1111111111I111111111111111111111111111 III Aug 19, 2016 08:00 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $27.00 PAGES: 5 This document is exempt from the payment of a recording fee pursuant to Government Code Section 6103. DEED RESTRICTIONS THIS AGREEMENT ENTITLED DEED RESTRICTIONS (the "Release") is made by the SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY, a public body corporate and politic (the "CDC"), in favor of CONSTELLATION PROPERTY GROUP (A AVENUE) LP, a Delaware limited partnership (the "Developer"), as of the date set forth below. RECITALS A. In 1967, the City Council of the City of National City established the Redevelopment Agency of the City of National City (the "Redevelopment Agency") by Ordinance No. 1164, dated April 11, 1967. B. In 1975, the City Council of the City of National City established both the Community Development Commission of the City of National City (the "CDC") and the Housing Authority of the City of National City (the "Housing Authority") by Ordinance No. 1484, dated October 14, 1975. C. The CDC was vested with all of the powers, duties, and responsibilities of both the Redevelopment Agency and the Housing Authority, among other matters, for the purpose of enabling the CDC to operate and govern the Redevelopment Agency and the Housing Authority under a single board and as a single operating entity. The CDC acting in its capacity as the Redevelopment Agency of the City of National City is referred to herein as the "CDC -RDA". D. Pursuant to Health and Safety Code Section 34172, all California redevelopment agencies, including the Redevelopment Agency and the CDC -RDA, were dissolved on February 1, 2012, and successor agencies were designated and vested with the responsibility of winding down the business and fiscal affairs of the former redevelopment agencies. E. Pursuant to Health and Safety Code Section 34173, the City Council adopted Resolution No. 2012-15 on January 10, 2012, electing to be the Successor Agency to the CDC - RDA. The Successor Agency is a legal entity that exists separate and independent from the City. The Successor Agency formally named itself the "Successor Agency to the Community Development Commission as the National City Redevelopment Agency" (the "SA"). F. On February 1, 2012, all assets, properties, contracts, leases, books and records, buildings and equipment of the Redevelopment Agency and the CDC -RDA were transferred by operation of law to the control of the Successor Agency and all authority, rights, powers, duties, and obligations previously vested in the Redevelopment Agency and the CDC -RDA were vested in the Successor Agency, for administration pursuant to Part 1.85 of AB 26. PtC. tivN TVOc�;� RECORDING REQUESTED BY NA5 -/ ) SUCCESSOR AGENCY ) AND WHEN RECORDED MAIL TO: ) City Clerk, City of National City ) 1243 National City Blvd. ) National City CA, 91950 ) This document is exempt from the payment of a recording fee pursuant to Govemment Code Section 6103. DEED RESTRICTIONS THIS AGREEMENT ENTITLED DEED RESTRICTIONS (the "Release") is made by the SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY, a public body corporate and politic (the "CDC"), in favor of CONSTELLATION PROPERTY GROUP (A AVENUE) LP, a Delaware limited partnership (the "Developer"), as of the date set forth below. RECITALS A. In 1967, the City Council of the City of National City established the Redevelopment Agency of the City of National City (the "Redevelopment Agency") by Ordinance No. 1164, dated April 11, 1967. B. In 1975, the City Council of the City of National City established both the Community Development Commission of the City of National City (the "CDC") and the Housing Authority of the City of National City (the "Housing Authority") by Ordinance No. 1484, dated October 14, 1975. C. The CDC was vested with all of the powers, duties, and responsibilities of both the Redevelopment Agency and the Housing Authority, among other matters, for the purpose of enabling the CDC to operate and govern the Redevelopment Agency and the Housing Authority under a single board and as a single operating entity. The CDC acting in its capacity as the Redevelopment Agency of the City of National City is referred to herein as the "CDC -RDA". D. Pursuant to Health and Safety Code Section 34172, all California redevelopment agencies, including the Redevelopment Agency and the CDC -RDA, were dissolved on February 1, 2012, and successor agencies were designated and vested with the responsibility of winding down the business and fiscal affairs of the former redevelopment agencies. E. Pursuant to Health and Safety Code Section 34173, the City Council adopted Resolution No. 2012-15 on January 10, 2012, electing to be the Successor Agency to the CDC - RDA. The Successor Agency is a legal entity that exists separate and independent from the City. The Successor Agency formally named itself the "Successor Agency to the Community Development Commission as the National City Redevelopment Agency" (the "SA"). F. On February 1, 2012, all assets, properties, contracts, leases, books and records, buildings and equipment of the Redevelopment Agency and the CDC -RDA were transferred by operation of law to the control of the Successor Agency and all authority, rights, powers, duties, and obligations previously vested in the Redevelopment Agency and the CDC -RDA were vested in the Successor Agency, for administration pursuant to Part 1.85 of AB 26. G. The CDC -RDA and the Developer entered into that certain Disposition and Development Agreement (the "DDA") dated August 30, 2005 as referenced in that certain Grant Deed recorded October 26, 2005 as Instrument No. 2005-0930606 of Official Records, which Grant Deed contains certain restriction on transfers in sections 3(a) and 3(b) of such Grant Deed (the "Grant Deed Transfer Restriction") concerning the redevelopment of certain real property situated in the City of National City, California as more fully described in that DDA and its five amendments incorporated herein by reference and as legally described on Exhibit A attached hereto. H. As referenced in Section 409 of the DDA, the CDC -RDA is required to furnish the Developer or its successors with a Release of Construction Covenants upon completion of construction of the Developer Improvements (which included a condo unit and two parking spaces to CDC -RDA pursuant to DDA Amendment Numbers2 and 5); which Release is required to be in such form as to permit it to be recorded in the Recorder's office of San Diego County. This Release is conclusive determination of satisfactory completion of the construction and development required by the DDA, and is intended to release the Grant Deed Transfer Restrictions 3(a) and 3(b) in that certain Grant Deed recorded October 26, 2005 as Instrument No. 2005-0930606 of Official Records. I. The CDC -RDA which is now the SA has conclusively determined that such construction, development, and delivery of condo unit 401 and two parking spaces, pursuant to DDA Amendment Number 5, has been satisfactorily completed. NOW, THEREFORE, the SA hereby certifies as follows: 1. The Improvements to be constructed by the Developer have been fully and satisfactorily completed in conformance with the DDA. Any operating requirements and all use, maintenance or nondiscrimination covenants contained in the DDA shall remain in effect and enforceable according to their terms. 2. Nothing contained in this instrument shall modify in any other way any other provisions of the DDA. 3. The condo unit and two parking spaces were delivered to the CDC -RDA pursuant to DDA Amendment Numbers 2 and 5. 4. The Grant Deed Transfer Restrictions, set forth in Sections 3(a) and 3(b) in that certain Grant Deed recorded October 26, 2005 as Instrument No. 2005-0930606 of Official Records, are hereby released and terminated. IN WITNESS WHEREOF, the SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY has executed this Release this '+h day of ADltt,+' ,2016. SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY, a California public entity By: <—s-.. .........,. Name: ligli c, 'Dtese... Title: Executive Director ATTEST: By: A 7 Name: M i e NAil. (• Oh -LA Title: Secretary 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 SAN DIEGO On August 8, 2016, before me, Michael R. Dalla, City Clerk, personally appeared LESLIE DEESE, Executive Director of the Successor Agency to the Community Development Commission as the National City Redevelopment Agency, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacities, and that by her signature on the instrument, the persons, or the entity upon behalf of which the person 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 , Mic ael R. Dalla, MC, City Clerk EXHIBIT "A" LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of San Diego, City of National City and described as follows: Lot 1, of Map No. 15807, in the City of National City, County of San Diego, State of California, filed in the Office of the Recorder of San Diego County, on December 30, 2010, as File No. 2010-0729372 , which compromises all the land lying within the exterior boundaries of Centro Condominiums. Excepting therefrom any and all oil, gas, minerals, and other hydrocarbon substances lying below a depth of 500 feet, as more particularly set forth and provided in that certain document recorded October 26, 2005 as instrument no. 2005-0930606 of official records. APN: 556-554-22-01 through 556-554-22-61 CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950-4397 619-336-4228 Michael R. Dalla, CMC - City Clerk CONSTELLATION PROPERTY GROUP Condominium Unit — 45 East 12th Street, Unit #401 Carlos Aguirre (Housing & Economic Development) Forwarded Copy of Deed Restrictions to Constellation Property Group