QCDEED CARE TO HOUSING FOR HOPE 2018 1-12.PDF

OFFICIAL RECORDS OF
MARICOPA COUNTY RECORDER
When recorded, return to: ADRIAN FONTES
2018-0030623 01/12/18 12:38
Yvonne Moss PAPER RECORDING
Caritas Law Group, P.C. 0041 475-6-1-1
2307 S. Rural Road Garciac
Tempe, AZ 85282
APN: 139-23-001C
NW 1/4, Sec. 26, TINT, R5E
QUIT CLAIM DEED
WITH RESTRICTIONS AND RIGHT OF REVERTER
(Exempt from Filing Affidavit of Property Value Pursuant to A.R.S. § 11-1134.A.7)
For good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, Community Asset and Resource Enterprise Partnership, an Arizona non-profit
corporation ("Grantor"), hereby conveys to Housing for Hope, Inc., an Arizona non-profit
corporation ("Grantee"), all of Grantor's right, title and interest in and to the real property situated
in Maricopa County, Arizona, and more particularly described on Exhibit A attached hereto and
by this reference made a part hereof (the "Property"), together with all improvements and fixtures
thereon and all rights, privileges and easements appurtenant thereto.
Subject to all taxes and other assessments, reservations in patents, easements, rights-of-
way, liens, encumbrances, covenants, conditions, restrictions, obligations and liabilities as may
appear of record, and all other matters that can be determined by a visual inspection or a complete
and accurate survey of the Property.
Further subject to the following Deed Restrictions with Right of Reverter: The Property
and the Grantee, and its permitted heirs, successors and assigns as the owner of the Property, shall
be expressly subject to each and every of the following restrictions, covenants and promises set
forth below (the "Deed Restrictions with Right of Reverter"), which shall perpetually run with
the title to the Property or any part thereof, and inure to the benefit of the City of Mesa and its
heirs, successors and assignees.
1. City of Mesa Consent. This Quit Claim Deed with Right of Reverter has been
recorded with written consent of the City of Mesa's City Manager dated November 15, 2017 (the
"Mesa Consent"). Pursuant to Section 3 of that certain Quit Claim Deed with Deed Restrictions
and Right of Reverter between Grantor and the City of Mesa recorded on June 7, 2011 as
instrument 2011-0474361, in the official records of Maricopa County, Arizona (the "Mesa Deed"),
Grantor was required to obtain the consent of the City of Mesa, evidenced by the written approval
of the City Manager. In the Mesa Consent, the City of Mesa provided such consent so long as
Grantee accepts all of the obligations of the Grantor under the Mesa Deed. Such obligations,
conditions and restrictions are set forth below.

20180030623
2. Covenant Regarding Use restriction: The Property shall be used and maintained
solely for the following purposes (the "Permitted Uses"), and for no other purpose: A Multi-
Purpose Neighborhood Community Center. Community Center means a Center that may provide
Pediatric, Prenatal, Family Planning, Naturopathic and Dental Services for the uninsured; Food
Holiday and other Emergency Assistance; After School programs; and Personal and Community
Enrichment Programs.
So long as the Property is being used for a Permitted Use (as described in Section 1 above),
an accessory use to the Permitted Use is permitted. The Term "accessory use" means an ancillary
use that: is clearly incidental to and customarily found in conjunction with the Permitted Use; and
is subordinate to the purpose of the Permitted Use; and contributes to the comfort, convenience,
or necessity of the Permitted Use.
3. Covenant to Maintain. Grantee, at its sole cost and expense, shall at all times
maintain the Property and all improvements on the property in a good and safe condition and
repair.
4. Covenant Requiring Consent to Sell. The Property, in whole or in part, shall not
be sold, assigned, or otherwise transferred except with the prior written consent of the City of
Mesa, which may be given or withheld in the exercise of the City of Mesa's sole and absolute
discretion. City of Mesa's consent shall be evidenced by the written approval of City of Mesa's
City Manager.
5. Covenant to Comply with Lrv% .21-,te Property, its use, and all operations on the
Property shall at all times be in compliance with all applicable Federal, State, local, and municipal
laws and/or regulations.
6. Reverter. Grantee and its successors and assigns shall at all times comply and abide
with any and all of the Covenants (i.e. the Covenant Regarding Use Restriction, the Covenant to
Maintain, the Covenant Requiring Consent to Sell, and the Covenant to Comply with Laws) and
conditions set forth in the Deed, including all subparts thereof.
a. Notice. If Grantee or arty successor or assign of Grantee should fail at any time or
times to comply and abide with, or to continue to comply and abide with, any of the Covenants
and conditions, Grantee (or its successors or assigns, as the case may be) shall have a period of
sixty (60) successive calendar days commencing upon and immediately following the date of
delivery of a written notice from the City of Mesa (or its successors and assigns) identifying such
failure (the "Default Notice"), during which sixty (60) day period of time such failure must cease
or be fully cured so that the Covenants and conditions are fully complied with; provided, however,
no Default Notice is required in the following circumstances:
i. Breach of the Covenant Requiring Consent to Sell. Any breach of the
Covenant Requiring Consent to Sell shall not require a Default Notice and there shall be no cure
period for such a breach.
Second Breach Within a Year. If Grantee, after receiving a Default Notice
and having cured such default, again breaches a Covenant or condition within 365 days of
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20180030623
receiving the Default Notice, then such second or successive breach shall not require a Default
Notice and there shall be no cure period for such a breach.
b. Reverter. By acceptance of this Deed, Grantee acknowledges and agrees that any
breach of any of the foregoing Covenants and conditions for which no notice or cure period is
applicable in accordance with the provision of Section 5(a)(i) and (ii) or for which notice and cure
is applicable but is not timely cured in accordance with the provisions of Section 5(a), shall cause
title to, full ownership of, and rights and benefits to the Property to automatically revert to the City
of Mesa or its successors and assigns (the "Reversionary Owner") upon the recordation by
Reversionary Owner of a notice in the Official Records of Maricopa County, Arizona, of
Reversionary Owner's intent to cause the reversion of the Property. Promptly following the
recordation by Reversionary Owner of the notice described in the immediately preceding sentence,
the Reversionary Owner shall have the right of immediate re-entry on and exclusive possession of
the entire Property together with all improvements thereon and all of Grantee's, and its successors'
and assigns', interest in any rights and privileges appurtenant thereto and Grantee, and its
successors and assigns, shall have no further interest in or to any portion of the Property or any
improvements thereon or any rights or privileges appurtenant thereto.
c. Expiration of Reverter. The City of Mesa's reversionary interest in the Property
granted herein under shall remain in full force and effect for a period of 8 years and 6 months from
the recording date of this Deed.
7. Enforcement. In addition to the Reverter set forth above, all remedies at law and
in equity shall be available to City of Mesa irjr,raffyTg this Deed; and the City of Mesa may bring,
but is not limited to, an action to obtain specific performance and/or injunctive relief to compel
compliance with the Covenants and terms of the Deed Restrictions with Right of Reverter. The
election shall be created or be deemed to exist by the failure to take enforcement action for a
violation of these terms.
8. Time. Time is of the essence.
9. Future Deeds. In all future sales, transfers, and conveyances of the property (all of
which are subject to City of Mesa's approval), Grantee and its successors and assigns shall provide
notice of the applicability of the Deed Restrictions with Right of Reverter in all future deeds and
other conveyance documents.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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20180030623
IN WITNESS HEREOF, Grantor has caused this Quit Claim Deed with Deed
Restrictions with Right of Reverter and Grantee has accepted, and agrees to, the Deed Restriction
with Right of Reverter by executing this Quit-Claim Deed with Deed Restrictions with Right of
Reverter to be executed as of December 02/3, 2017.
GRANTOR:
COMMUNITY ASSET AND RESOURCE ENTERPRISE PARTNERSHIP, an Arizona
non-profit corporation
By
Name:
Title: -0",,si hP &Yr
GRANTEE:
HOUSI HOPE, INC., an Arizona non -profit corporation
WI
By:
Unofficial Document
Name:
Title:
STATE OF ARIZONA
County of Maricopa
The frçgoing was acknowledg d before me this ) day of
20 / 7, by f209 c--- I 0:7-4- the brlf\:\--/A- of Community Asset
and Resource Enteiprisr0 Partnership, an Arizona non-profit corporation, and in such capacity,
being authorized to do so, executed the foregoing instrument for the purposes contained therein on
behalf of Community Asset and Resource Etgetprise Partnership.
My commission expires:
DIANE HADDOCK 1
429/0.2_, Notary Public- State of Arizona
MARICOPA COUNTY
My Commission Expires
September 29, 2021
[Signature Page to Quit Claim Deed]

20180030623
STATE OF ARIZONA
55-
County of Maricopa
The foregoing was acknowledged before me this 151" js day of-petenoxv-
20 (I , by 54C"e4r, ex.po Pap-e-,s the S-1(e-carli'4.--•-...- Dre.._,..4-06f Housing for
Hope. Inc., an Arizona non-profit corporation, and in such capacity, being authorized to do so,
executed the foregoing instrument for the purposes contained therein on behalf of Housing for
Hope, Inc. I ,1
My commission expires:
ROSE-YVETTE ESOUIV1AS
Notary Public - State of Arizona TY
My Commission Expires
August 5, 2020
Unofficial Document
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20180030623
EXHIBIT A
LEGAL DESCRIPTION
A tract of land lying within the East half of the Northeast quarter of the Northwest quarter of
Section 26, TIN, RSE, Gila and Salt River Baseline and Meridian, Maricopa County, Arizona,
and being a part of LYDIA ALLEN TRACT, a subdivision according to Book 29 of Maps, page
21, Maricopa County Recorder, being more particularly described as follows:
Commencing at the Northwest corner of Lot 1 of LYDIA ALLEN TRACT, a subdivision
according to Book 29 of Maps, page 21, records of Maricopa County, Arizona;
Thence Southerly, along the West line of said Lot 1, a distance of 203.00 feet to the True Point
of Beginning;
Thence continuing Southerly, along the West line of said Lot 1, a distance of 500.00 feet, more
or less, to a point on the South line of the North half of Lot 9 of said LYDIA ALLEN TRACT;
Thence Easterly along said south line of the North half of Lot 9, a distance of 290.00 feet, more
or less, to a point on the West right-of-way line of South Bellveiw Avenue, (said Bellview
Avenue being formerly identified as Allen Avenue of the plat of LYDIA ALLEN TRACT);
Unofficia I Document
Thence Northerly along said West right-of-way line of Bellview Avenue a distance of 91.54 feet
to a point;
Thence Westerly, parallel to the South line of the North half of aforesaid Lot 9, a distance of
106.00 feet;
Thence Northerly, parallel to the West right-of-way line of said Bellview Avenue, a distance of
100.00 feet, more or less, to a point on the North line of Lot 7 of said LYDIA ALLEN TRACT;
Thence Westerly, along the North line of said Lot 7, a distance of 37.00 feet, more or less, to a
point on the East line of aforesaid Lot 1;
Thence Northerly, along the East line of said Lot 1, a distance of 309.00 feet to a point;
Thence Westerly, parallel to the North line of said Lot I, a distance of 147.00 feet, more or less,
to the point of beginning.
Containing an area of 90,367.00 square feet, more or less.
[Exhibit A to Quit Claim Deed]