OF POWAY
MEMORANDUM city of Poway
CITY IN THE COUNTRY ADDITIONAL MATERIALS
(Agenda Related Writings/Documents provided to City Council or Staff after distribution of the Agenda Packet for the August 6, 2024 Council Meeting)
DATE: August 6, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Carrie Gallagher, City Clerk Ug
CONTACT: (858) 668-4535 or [email protected]
SUBJECT: Item 3 - Second Reading and Adoption of Ordinance No. 870 entitled "An Ordinance of the City Council of the City of Poway, California, Approving Specific Plan Amendment 22-0001 to The Farm in Poway Specific Plan to Allow the Construction of a Recreational Fitness Club on a 6.87-Acres Site; Assessor's Parcel Number 273-932-25-00" Attached please find correspondence received after the agenda posting deadline and through 3:00 pm the day prior to the meeting.
Reviewed/Approved By: Reviewed By: Approved By:
amas
Wendy Kaserman Alan Fenstermacher Chris Hazeltine
Assistant City Manager City Attorney City Manager
1 of 15 August 6, 2024, Item #3
From: Amy Romaker
To:
Subject: Agenda Item 3. Second Reading and Adoption of Ordinance No. 870 entitled "An Ordinance of the City Council of the City of Poway, California, Approving Specific Plan Amendment 22-0001 to The Farm in Poway Attachments: Monday, August 5, 2024 2:02:40 PM
Grant Deeds from No Stone Unturned.pdf
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EXTERNAL EMAIL
I am a firmly believe in property rights and that property owners should have the right to profit from their ownership. But the situation with The Farm in Poway is very different.
The City Council by allowing this issue to go on the ballot in 2020 did in fact give The Farm in Poway the property that is at issue.
The citizens of Poway should know that parcels owned by The Farm in Poway LLC were gifted to them by Michael Schlesinger the owner of the StoneRidge Country Club and his company No Stone Unturned in return for their efforts to put the initiative on the ballot and getting it passed by the people of Poway. I would like the attached PDF of the grant deeds evidencing the gifts to The Farm in Poway LLC be put into the record of the City Council meeting on August 6th , 2024.
The citizens of Poway should also know that Michael Schlesinger the owner of the StoneRidge Country Club and his company No Stone Unturned sold and deeded the balance of the property directly to Lennar for the price of 46 million dollars. So, if and I emphasize the word "if", The Farm in Poway LLC had an option to purchase the property they did not exercise it. I would like the attached PDF of the grant deed evidencing the sale to be put into the record of the City Council meeting on August 6th, 2024.
The City Council's approval of a second ballot measure grants The Farm in Poway additional profit from the initial measure and will gift them an extra 22,000 square feet of commercial property if it passes.
When is enough enough. The citizens of Poway voted on a specific plan and now you want to make them vote again. And will there be another ballot measure when The Farm in Poway cannot make enough profit from what they received in this and the last ballot measure? How much and for how many years should the citizens of Poway have to pay to fight these ballot measures?
The disparity in treatment, where certain individuals seem more valued than the citizens they represent, is indeed a cause for concern. It's truly disheartening that the City Council has failed to safeguard the property rights of homeowners impacted by this development while continuing to let The Farm in Poway LLC profit.
Amy Romaker
17418 Tam O Shanter Drive
2 of 15 August 6, 2024, Item #3
Poway, CA 92064
619-993-3372
3 of 15 August 6, 2024, Item #3
Recording Requested Byi DOC# 2021-0767647
First American Titlo Company
Homebuilder Servicos DivisieR
Nov 04, 2021 11:45 AM
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Lennar Homes of California, Inc. PCOR: YES
16465 Via Esprillo, Suite 150 PAGES: 4
San Diego, CA 92127
Attn: Thomas Atkin
6436147
273.110.07.00 (Above Space For Recorder's Use Only)
273.110. 08.00
273.110.18.00 GRANT DEED
The Undersigned Grantor Declares:
County Documentary Transfer Tax is: $ 50,600.00. City Transfer Tax is: $_0.00 [x] Computed on the consideration or full value of property conveyed, OR [ 1 Computed on the consideration or full value less value of liens and/or encumbrances remaining at time of sale.
• LI Unincorporated Area; [x] City of Poway, California.
City of Poway
County of San Diego
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, NO that certain real property which is more particularly described on Exhibit "A" which is attached hereto (the "Property").
The Property is conveyed to Grantee subject to all encumbrances and other matters of record and non-delinquent real property taxes.
[Signature Page Follows]
MAIL TAX STATEMENTS TO:
. SAME AS ABOVE
:
00102827-2
4 of 15 August 6, 2024, Item #3
IN WITNESS WHEREOF, this Grant Deed is executed this 38 day of Octabel 2021.
NO STONE LEFT UNTURNED, LLC,
a California limited fability compagy
By: VAN
Manager
[Signature Page to Grant Deed]
5 of 15 August 6, 2024, Item #3
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 Los Angeles)
OnOctoss 28 2021 before me, → a Notary Public,
personally appeared
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.
ZANE BYRDY
Notary Public - Callfornia
Los Angeles County
Commission # 2320296
My Comm. Expires Jan 31, 2024
Sienue Ban (Seal)
6 of 15 August 6, 2024, Item #3
EXHIBIT A TO GRANT DEED
LEGAL DESCRIPTION
Real property in the City of Poway, County of San Diego, State of California, described as follows:
PARCEL.I:
LOTS 1 THROUGH 137, INCLUSIVE, 145 THROUGH 192 INCLUSIVE, A THROUGH O INCLUSIVE, AND R THROUGH W INCLUSIVE, OF CITY OF POWAY TM 19-002 THE
FARM UNIT I, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 16478, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 27, 2021.
PARCEL 2:
LOTS 138 THROUGH 144 INCLUSIVE, A AND B OF CITY OF POWAY TM 19-002 THE FARM UNIT 2, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 16479, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 27, 2021.
EXHIBIT A
00102827-2
7 of 15 August 6, 2024, Item #3
Recording Requested By:
First American Title Company DOC# 2021-0767649
Homebuilder Services Divislen
1911911
RECORDING REQUESTED BY Nov 04, 2021 11:45 AM
AND WHEN RECORDED MAIL TO: OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.
Kevin McNamara SAN DIEGO COUNTY RECORDER
FEES: $43.00 (SB2 Atkins: $0.00)
Managing Partner PCOR: AFNF
The Farm in Poway, LLC PAGES: 4
12919 Corte Juana
Poway, CA 92604
6436147
273.110•07.00 (Above Space For Recorder's Use Only)
273. 110. 08•00
273.110.18.00 GRANT DEED
This conveyance is a bona fide gift and the grantor
received nothing in return. R&T 11911
The Undersigned Grantor Declares: ....:
County Documentary Transfer Tax is: $_0.00 - City Transfer Tax is: $_0.00 [x] Computed on the consideration or full value of property conveyed, OR L] Computed on the consideration or full value less value of liens and/or encumbrances remaining at time of sale.
L] Unincorporated Area; [x] City of Poway, California.
City of Poway
County of San Diego
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, NO STONE LEFT UNTURNED, LLC, a California limited liability company, as "Grantor", hereby GRANTS to THE FARM IN POWAY, LLC, a California limited liability company, as "Grantee" that certain real property which is more particularly described on Exhibit "A" which is attached hereto (the "Property").
The Property is conveyed to Grantee subject to all encumbrances and other matters of record and non-delinquent real property taxes.
[Signature Page Follows]
•
Exempt from fee per GC 27388.1 (aX2): recorded concurrenty in connection with" a transfer súbject to the imposition of documentary transfer tax (DTT).
MAIL TAX STATEMENTS TO:
SAME AS ABOVE
00103410-2
8 of 15 August 6, 2024, Item #3
IN WITNESS WHEREOF, this Grant Deed is executed this 28 day of October 2021.
NO STONE LEFT UNTURNED, LLC, :
a California limited liability company
By:
[Signature Page to Grant Deed]
'ia... 1.
:
.:
:
9 of 15 August 6, 2024, Item #3
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 Les Angeles)
On October 28 Z021 before me,. _ a Notary Public,
personally appeared
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.
ZANE BYRDY
Notary Pubiic • Callfornia
Los Angeles County
Commission # 2320296
signature 2 3M My Comm. Expires Jan 31, 2024
(Seal)
10 of 15 August 6, 2024, Item #3
EXHIBIT A TO GRANT DEED
LEGAL DESCRIPTION
The Land referred to herein below is situated in the City of Poway, County of San Diego, State of California, and is described as follows:
LOTS AA, BB, CC, DD, EE, FF, GG, AND HH OF CITY OF POWAY TM 19-002 THE FARM UNIT 1, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 16478, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY OCTOBER 27, 2021.
EXHIBIT A00103410-2
11 of 15 August 6, 2024, Item #3
Recording Requested By:
First American Title Company DOC# 2021-0767648
Homebuilder Services Division
RECORDING REQUESTED BY
Nov 04, 2021 11:45 AM
AND WHEN RECORDED MAIL TO:
SAN DIEGO COUAT/ RECORDER
Kevin McNamara
- EES: $43.00 (SB2 Atkins: $0.00)
Managing Partner PCOR: AFNF
The Farm in Poway, LLC PAGES: 4
12919 Corte Juana
Poway, CA 92604
6436147
273•110.07.00 (Above Space For Recorder's Use Only)
273.110.08.00
273. 110.18. 00 GRANT DEED
(This conveyance is a bona fide gift and the grantor
received nothing in return. R&T 11911
The Undersigned Grantor Declares:
County Documentary Transfer Tax is: $ 0.00 -. City Transfer Tax is: $_0.00 [x] Computed on the consideration or full value of property conveyed, OR L] Computed on the consideration or full value less value of liens and/or encumbrances remaining at time of sale.
L Unincorporated Area; [x] City of Poway, California:
City of Poway
County of San Diego
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, NO STONE LEFT UNTURNED, LLC, a California limited liability company, as "Grantor", hereby GRANTS to SMA VENTURES LLC, a California limited liability company, as "Grantee", that certain real property which is more particularly described on Exhibit "A" which is attached hereto the "Property").
The Property is conveyed to Grantee subject to all encumbrances and other matters of record and non-delinquent real property taxes.
[Signature Page Follows]
aster bulget to a poster old orang a cores 0).
MAIL TAX STATEMENTS TO:
SAME AS ABOVE
00103410-2
12 of 15 August 6, 2024, Item #3
IN WITNESS WHEREOF, this Grant Deed is executed this 22 day of October 2021.
NO STONE LEFT UNTURNED, LLC,
a California limited liability company
By:
Manager
[Signature Page to Grant Deed]
13 of 15 August 6, 2024, Item #3
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 Lo → Angles
On Octobel 28 2021 before me,. _ a Notary Public,
on Batter 28 202 bare has d
who proved to me on the basis of satisfactory evidence fo be the person(s) whose names) 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.
ZANE BYRDY
Notary Public - California
Los Angeles County
Commission'# 2320296
My Comm. Expires Jan 31, 2024
sienature 2 Bana (Seal)
14 of 15 August 6, 2024, Item #3
EXHIBIT A TO GRANT DEED
LEGAL DESCRIPTION
The Land referred to herein below is situated in the City of Poway, County of San Diego, State of California, and is described as follows:
LOTS P AND Q OF CITY OF POWAY TM 19-002 THE FARM UNIT 1, ACCORDING TO MAP THEREOF NO. 16478, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY OCTOBER 27, 2021 TOGETHER WITH LOTS C AND D OF CITY OF POWAY TM 19-002 THE FARM UNIT 2, ACCORDING TO MAP THEREOF NO. 16479, FILED IN THE OFFICE OF SAID COUNTY RECORDER OCTOBER 27, 2021, ALL IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA.
EXHIBIT A00103411-2
15 of 15 August 6, 2024, Item #3