Memorandum of Owner Participation Agreement 1997-0161588cf
Karen
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POWAY REDEVELOPMENT AGENCY
13325 Civic Center Drive
Poway, California 92064
Attention: Executive Director
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D # 1997 - 0161588
08 -APR -1997 0'3 : PN
LV
OFFICIAL RECORDS T
SAN DIE60 COUNTY RECORDER'S OFFICE '
GREGORY SlITN, COUNTY RECORDER
945 FEES* 0.00
)
J
This document is exempt from a recording fee pursuant to Govt.
Code § 6103.
MEMORANDUM OF OWNER PARTICIPATION AGREEMENT
THIS MEMORANDUM OF OWNER PARTICIPATION AGREEMENT
( "Memorandum "), dated for identification purposes as of MOW /i4 1997, is entered into
by and between the POWAY REDEVELOPMENT AGENCY, a public body, corporate and
politic ( "Agency "), and McMILLIN 4S BUSINESS PARK, INC., a California corporation
( "Participant ").
1. Owner Participation Agreement. Agency and Participant have executed an
Owner Participation Agreement dated for identification purposes as of C1�/i R I , 1997,
which provides for the development, operation and maintenance of that certain real property
located in the City of Poway, County of San Diego, State of California, more fully described in
Exhibit "A" attached hereto and incorporated herein by this reference. The Owner Participation
Agreement is available for public inspection and copying at the office of the City Clerk, Poway
City Hall, 13325 Civic Center Drive, Poway, California 92064. All of the terms, conditions,
provisions and covenants of the Owner Participation Agreement are incorporated in this
Memorandum by reference as though written out at length herein, and the Owner Participation
Agreement and this Memorandum shall be deemed to constitute a single instrument or document.
2. Purpose of Memorandum. This Memorandum is prepared for recordation
purposes only, and in no way modifies the terms, conditions, provisions and covenants of the
Owner Participation Agreement. In the event of any inconsistency between the terms, conditions,
provisions and covenants of this Memorandum and the Owner Participation Agreement, the
terms, conditions, provisions and covenants of the Owner Participation Agreement shall prevail.
PUBL- 48854_11424122345.0016
1.
u
946
The parties have executed this Memorandum on the dates specified immediately adjacent
to their respective signatures.
AGENCY:
POWAY REDEVELOPMENT AGENCY,
public body, corporate and politic
Dated: Z 1997 By: Z �
Chairman
ATTEST:
Agency S etary
APPROVED AS TO FORM:
Strad) tg, ca, Carlson z Rauth
Agency Special Counsel
PARTICIPANT:
McMILLIN 4S BUSINESS PARK, INC.,
a California corporation
Dated: 1997 By:_ AAt/�!� /.
PUSL:48854 1 1424122345.0016
LEGAL DESCRIPTION
947
THE REAL PROPERTY SITUATED WITHIN COMMUNITY FACILITIES DISTRICT NO.
88 -1 OF THE CITY OF POWAY, LOCATED IN THE CITY OF POWAY, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
LOT 22 OF THE CITY OF POWAY TRACT 87 -13, UNIT 1, ACCORDING TO MAP
THEREOF NO, 12556, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY
RECORDER ON FEBRUARY 8, 1990. (APN 17171- 317 - 280- 34 -00)
LOT 44 OF THE CITY OF POWAY TRACT 87 -13, UNIT 1, ACCORDING TO MAP
THEREOF NO. 12556, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY
RECORDER ON FEBRUARY 8, 1990. (APN 17171 - 317- 280- 37 -00)
LOT 45 OF THE CITY OF POWAY TRACT 87 -13, UNIT 1, ACCORDING TO MAP
THEREOF NO. 12556, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY
RECORDER ON FEBRUARY 8, 1990. (APN I7171- 317 - 280- 38 -00)
LOT 46 OF THE CITY OF POWAY TRACT 87 -13, UNIT 1, ACCORDING TO MAP
THEREOF NO, 12556, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY
RECORDER ON FEBRUARY 8, 1990. (APN 17171-317-280-39-00)
PARCEL 108 OF PARCEL MAP 16320 FILED IN THE OFFICE OF THE SAN DIEGO
COUNTY RECORDER ON DECEMBER 10, 1990 AS FILE N0, 90- 655448 OF OFFICIAL
RECORDS. (APN 17171-317-280-51-00)
PARCEL 109 OF PARCEL MAP 16320 FILED IN THE OFFICE OF THE SAN DIEGO
COUNTY RECORDER ON DECEMBER 10, 1990 AS FILE NO. 90- 655448 OF OFFICIAL
RECORDS. (APN 17171-317-280-52-00)
PARCEL 33 OF PARCEL MAP NO. 16700 FILED IN THE OFFICE OF THE SAN DIEGO
COUNTY RECORDER ON DECEMBER 2, 1991 AS FILE NO. 91- 619281 OF OFFICIAL
RECORDS. (APN 17171-317-810-31-00)
LOT 49 AND A PORTION OF LOT 48 OF CITY OF POWAY TRACT 87 -13 UNIT 1,
ACCORDING TO MAP THEREOF NO. 12556, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY ON FEBRUARY 8, 1990, IN THE CITY OF
POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS DESCRIBED IN
CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 3, 1993 AS FILE NO. 1993-
0814099 OF OFFICIAL RECORDS, BEING DESCRIBED AS FOLLOWS:
(Page 1 of 4)
948
BEGINNING AT A POINT ON THE NORTH BOUNDARY OF SAID LOT 48
DISTANT THEREON SOUTH 87 °10'17" EAST 53.94 FEET FROM THE
NORTHWEST CORNER THEREOF; THENCE LEAVING SAID BOUNDARY
SOUTH 01000'16" WEST 307.71 FEET TO A POINT IN THE SOUTHERLY
BOUNDARY OF SAID LOT 48 AND THE TRUE POINT OF BEGINNING, SAID
POINT BEING A POINT ON A 394.50 FOOT RADIUS CURVE CONCAVE
SOUTHWESTERLY, THE RADIAL TO SAID POINT BEARS NORTH 31-13'02'
EAST; THENCE RETRACING THE AFOREMENTIONED COURSE NORTH
01 000'16" EAST 307.71 FEET; THENCE ALONG THE BOUNDARY OF SAID LOTS
48 AND 49 AS FOLLOWS, SOUTH 87 010'17" EAST 71.90 FEET TO THE
BEGINNING OF A TANGENT 617.50 FOOT RADIUS CURVE CONCAVE
SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE
THROUGH AN ANGLE OF 31 019'39" A DISTANCE OF 337.63 FEET TO THE
NORTHEAST CORNER OF SAID LOT 49; THENCE CONTINUING ALONG SAID
BOUNDARY SOUTH 46 028'20" WEST 408.65 FEET TO THE SOUTHEAST
CORNER THEREOF AND A POINT IN A 394.50 FOOT RADIUS CURVE
CONCAVE SOUTHWESTERLY, THE RADIAL TO SAID POINT BEARS NORTH
49 °51'50" EAST; THENCE WESTERLY ALONG SAID CURVE AND SAID
BOUNDARY THROUGH AN ANGLE OF 18 °38'48" A DISTANCE OF 128.39 FEET
TO THE TRUE POINT OF BEGINNING. [APN 317- 810 -35 (LOT 48) and 317- 810 -22
(LOT 49)].
LOT 50 OF THE CITY OF POWAY TRACT 87 -13, UNIT 1, ACCORDING TO MAP
THEREOF NO. 12556, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY
RECORDER ON FEBRUARY 8, 1990. (APN 17171-317-810-2-)-00)
LOT 51 OF THE CITY OF POWAY TRACT 87 -13, UNIT 1, ACCORDING TO MAP
THEREOF NO. 12556, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY
RECORDER ON FEBRUARY 8, 1990. (APN 17171-317-810-24-00)
LOT 55 OF THE CITY OF POWAY TRACT 87 -13, UNIT 1, ACCORDING TO MAP
THEREOF NO. 12556, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY
RECORDER ON FEBRUARY 8, 1990. (APN 17171-323-090-62-00)
TOGETHER WITH THOSE PORTIONS OF SOUTH POWAY PARKWAY AND
STOWE DRIVE ADJACENT TO AND ABUTTING SAID LOT 55 AS VACATED
AND CLOSED TO PUBLIC USE BY RESOLUTION NO. 92 -062, RECORDED MAY
12, 1992 AS FILE NO. 1992- 0284902 OF OFFICIAL RECORDS, AND BEING
FURTHER DESCRIBED AS FOLLOWS:
BEGINNING AT THE WESTERLY POINT OF TERMINUS OF THE 34.50 FOOT
RADIUS CURVE CONCAVE NORTHWESTERLY ALONG THE SOUTHEASTERLY
LINE OF LOT 57 OF SAID MAY NO. 12556, SAID POINT BEING ON THE
WESTERLY LINE OF THE RIGHT OF WAY OF SAID STOWE DRIVE; THENCE
EASTERLY ALONG SAID WESTERLY LINE AND ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 260 06'58" A DISTANCE OF 15.73
FEET TO A POINT OF CUSP WITH A 34.50 FOOT RADIUS CURVE
(Page 2 of 4)
...e
949
CONCAVE EASTERLY, A LINE RADIAL TO SAID CURVE THROUGH SAID
POINT BEARS SOUTH 34° 07'58" EAST; THENCE LEAVING SAID WESTERLY
LINE OF THE RIGHT OF WAY OF SAID STOWE DRIVE WESTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 350 48' 41" A
DISTANCE OF 21.56 FEET; THENCE TANGENT TO SAID CURVE, NORTH 88'
19' 17" WEST 467.56 FEET TO A POINT ON THE NORTHERLY LINE OF THE
RIGHT OF WAY OF SAID SOUTH POWAY PARKWAY; THENCE ALONG SAID
NORTHERLY LINE SOUTH 880 40' 07" EAST 165.00 FEET; SOUTH 890 16' 35"
EAST, 120.02 FEET; SOUTH 88 °0 19' 17" EAST 187.56 FEET TO THE POINT OF
BEGINNING.
LOT 56 OF THE CITY OF POWAY TRACT 87 -13, UNIT 1, ACCORDING TO MAP
THEREOF NO. 12556, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY
RECORDER ON FEBRUARY 8, 1990. (APN 17171 -323- 090- 63 -00)
THE EAST HALF OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION
19, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN,
ACCORDING TO OFFICIAL PLAT THEREOF (APN 17001-323-091-02-00)
THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER
AND THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 19,
TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, ACCORDING
TO OFFICIAL PLAT THEREOF (APN 17169- 323 - 090- 17 -00)
LOT 2 OF SECTION 19, TOWNSHIP 14, SOUTH, RANGE 1 WEST, SAN BERNARDINO
MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF. EXCEPTING THEREFROM
ANY PORTION THEREOF LYING WITHIN CITY OF POWAY TRACT 87 -13, UNIT 1,
ACCORDING TO MAP THEREOF NO. 12556, FILED IN THE OFFICE OF THE SAN
DIEGO COUNTY RECORDER, FEBRUARY 8, 1990. (APN 17169- 323 - 090 -43 -00 and 17169-
323- 090- 66 -00)
LOT 3 AND THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 19, TOWNSHIP 14, SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN,
ACCORDING TO OFFICIAL PLAT THEREOF. EXCEPTING THEREFROM ANY
PORTION THEREOF LYING WITHIN CITY OF POWAY TRACT 87 -13, UNIT 1,
ACCORDING TO MAP THEREOF NO. 12556, FILED IN THE OFFICE OF THE SAN
DIEGO COUNTY RECORDER, FEBRUARY 8, 1990. (APN 17171- 323 - 090- 65 -00)
THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 14,
SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO OFFICIAL
PLAT THEREOF. EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN
CITY OF POWAY TRACT 87 -13, UNIT 1, ACCORDING TO MAP THEREOF NO. 12556,
FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER, FEBRUARY 8,
1990. (APN 17171- 323 - 091- 03 -00)
(Page 3 of 4)
.w'
950
LOT 15 OF THE CITY OF POWAY TRACT 87 -13, UNIT 1, ACCORDING TO MAP
THEREOF NO. 12556, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY
RECORDER ON FEBRUARY 8, 1990. EXCEPTING THEREFROM THAT PORTION OF
LOT 15 LYING WESTERLY OF A LINE DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID LOT 15; THENCE
ALONG THE SOUTHERLY LINE THEREOF NORTH 87° 40'02" WEST, 299.00
FEET TO THE SOUTHEAST CORNER OF LAND CONVEYED TO THE BURNHAM
FOUNDATION BY DEED RECORDED DECEMBER 29, 1992 AS FILE NO. 1992-
0833279 OF OFFICIAL RECORDS; THENCE ALONG THE EASTERLY LINE
THEREOF NORTH 200 19'58 " EAST 438.85 FEET TO THE NORTHEAST CORNER
OF SAID LAND. (APN 17188- 317- 280- 58 -00, formerly 17188-317-280-27-00)
(Page 4 of 4)
•
951
State of California )
) ss.
County of,c9a,„)..., .O ;p /„n ) ( n� n
On htkirc .1;) , 199 7 , before me, Siren hr cancAtvz N0 r P h/1C
M J n /(name, title of officer, e.g., 'Jane Doe, Morally Public")
personally appeared / l l,r h ote I k 2 1�Ilk/ P. a 4 I--eve n U, £ tA. -
(name(s) of signer(s)) 0
❑ personally known to me —OR—
❑ 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
person(s) acted, executed the instrument.
Witness my hand and official seal.
ir
(Signature of Notary)
•
Capacity claimed by signer: (This section is DPTTONAL.)
❑ Individual
o Corporate Officer(s):
o Partner(s),
KAREN SMCKEZ
❑ General o Limited r r�' carm,lssianI125a0
❑ Attorney-in-fact �' •t rn,o ca
❑ Trustee(s) r"� t
My caraE'rSo3 Jcn 33.2C01
❑ Guardian/Conservator
❑ Other:
Signer is representing:
(name of person(s) or ennrypes))
Attention Notary: Although the information requested below is OPTIONAL, it could prevent
fraudulent attachment of this certificate to an unauthorized document.
THIS CERTIFICATE Title or Type of Document
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages Date of Document
DESCRIBED AT RIGHT: Signer(s) Other than Named Above
PUBL:48855_11424122345.0016
. ®l
952
State of California
ss.
County of 4 ,p )
On 772azt.c.4 c2<, 1997 , before me,a,i7Qf'76/ e4.
� (� (name, title of ofieer,•e.g., "Jane Doe, Nom Public")
personally appeared oL9 o .' �.
44 (name(s) of signer(s))
X personally known to me —OR—
• proved to me on the basis of satisfactory evidence
to be the person whose name is ire ubscribed to the within instrument and acknowledged to
mesthatshe/they executed the same in ler/their authorized capacity and that by
Lhis ter/their signature' 3.on the instrument the person), or the entity.upon behalf of which
person(s) acted, executed the instrument.
�r ` -inti tuzi
gtart
VIVIAN MAC Z6
COMM.,1039231 i I
Nolay Pubic—CoStorNa
. My oOmECWE�cae SEP 21-109
OCNra
Cq (Signature of Notary)'
8
Capacity claimed by signer: (nus section is OPTIONAL.)
❑ Individual
❑ Corporate Officer(s):
❑ Partner(s):
0 General 0 Limited
❑ Attorney-in-fact
❑ Trustee(s)
❑ Guardian/Conservator
❑ Other:
Signer is representing:
(nave of person(s) or enuty(tes))
Attention Notary: Although the information requested below is OPTIONAL, it could prevent
fraudulent attachment of this certificate to an unauthorized document.
THIS CERTIFICATE Title or Type of Document
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages Date of Document
DESCRIBED AT RIGHT: Signer(s) Other than Named Above
PuEL:48854_11424122345.0016