Memorandum of Lease 2006-0116908
"
'il' ;
r~Of'lDI:D AT T8E ."
Cf''9AGO TItLE CO.f'lEQU OF
J "I
,i
,
RECORDING REQUESTED BY
AND WHEN RECORDEDMAIL'TO'
7842
'\
ce:.: # 2006-011 6908 ,
1111111111111111111111 11111 11111111111111111111111111111I11111 11111111 !
Poway Redevelopment Agency
PO Box 789
Poway, California '.12074-0789
S303/30l,u1b
)
)
.." )
,~ )
'qP~
0&
\ . ~(00l..J
E F 'R"d' F P .. 2n06"0116dSnS.
xempt rom _ eeor mg. ee ursuant too'tiovemrnent;Co _c,g-cetlOn
27383 .. ,. '. . ' '... .", ,. .,
FEB 17 2006
11'34 AM
OFFII-'I,""L RECOF:[I':,
'"c:.,j<J [IIECO [uut'JT'1 FiECCiFi[IER"=. OFFICE
I;P.EI;IJF:'I ,] '-,MITH [IJIINT'r F:ECI]Fi[IEF:
FEE'" 491:11'\
IX, oFHF
F'.:lI;E'; E:
1~~~M~~~~~~~w~~m~
.~
MEMORANDUM OF LEASE
THIS MEMORANDUMOFLEASE.("Memoranduin") is hereby entered into as of
,February 14, 2006, by and betwee!1th.e~POWAY REDEVELOPcMENT AGENCY"apublic body
corponiteand,politic(the "Agency"), 'and COMMUNITY ROAD ,HOUSING ASSOCIATES,
L.P., a California'limited partnership (the'''Developer''),
RECITALS
A, Agency and Developer have entered into a "Ground Lease" dated concurrently
herewith, for that certain parcel'ofreal property which islegallyctescribed.in Exhibit A attached
hereto 'and incorporated herein by reference (the "Property"), A copy of the Ground Lease is
available.for public inspection at Agency's office at 13325 Civic'Center Drive, Poway, California.
The term of the Ground Lease is ninety,-niile (99) years,
B, The:Ground Lease provides.that a short fonn memorandum of the Ground Lease shall
be executed and recorded in-the Official Records of San Diego COUl1ty, California,
NOW, THEREFORE, ,the parties hereto certify as follows:
Agency, pursuant to the-ohiund Lease, hereby leases-the"Property to the Developer upon the
terms and conditions,providedJor th",rein, TI15s MemorandulllOf L"ase is not a complete summary
of the Ground Lease, and shall not be used to interpret the provisions of the Ground Lease,
DOCSOC/l1523] ]v3/022345'0081
(jn-03--::1r
.-~I'
.
FORM,
DOCSOC/l 15231 I v3/022345-0_081
.
'7843
POWAY REDEVELOPMENT AGENCY, a public
body corporate andpoiitic
BY'
~~~~
Rod Gould, Executive Director
DEVELOPER:
COMMUNITYR0AD HOUSING AssociATES,
L,P., a California limited partnership
By: Community HousingWorks, a California
nonprofit,public benefit corporation, its
General P~rtner
2
.
.
EXHIBITA,TO MEMORANDUM~OE'LEASE
LEGA:I"DESCRIPTION"
.'
DocsociI 152311 v31022315-0081
"
7844
.
.
7845
EXHIBIT "A"
LEGAL DESCRIPTION
Real property in the City of Poway, County of San Diego, State of California, described as follows:
PARCEL "C" OF CERTIFICATE OF COMPLIANCE RECORDED JULY 6, 2005 AS FILE NO 2005-0566608 OF
OFFICIAL RECORDS AND DESCRiBED.AS FOLLOWS:
ALL OF THE LAND CONVEYED TO KENNETH A. LUDDEf'J PER BOOK 2362, PAGE 54 OF OFFICIAL
RECORDS, RECORDED FEBRUARY 28; 1947, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, TOGETHER
WITH ALL OF THE LAND CONVEYED TO KENNETH A, LUDDEN ET.ALL PER DOCUMENT NO 102837, OF
OFFICIAL RECORDS, RECORDED JUNE 15, 1961, SAID COUNTY, SAID STATE, TOGETHER WITH ALL OF
THE LAND CONVEYED TO POWAY MUNICIPAL WATER DISTRICT PER DOCUMENT NO 86033, OF OFFICIAL
RECORDS, RECORDED MAY 18,1961, SAID COUNTY, SAID STATE; TOGETHER WITH A PORTION OF LAND
CONVEYED TO JEFFRIES ET ALPER DOCUMENT NO. 1991-0468067, ALL OF OFFICIAL RECORDS,
RECORDED SEPTEMBER 12, 1991,SAID COUNTY, SAID STATE,ALSO BEING A PORTION OF THE
NORTHEAST CORNEROF THE SOUIHEAST'QUARTER OF THENORTHWEST QUARTER OF SECTION 13,
TOWNSHIP 14 SOUTH, RANGE 2 WES;r, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST
QUARTERNORTH OF SAID SECTION; THENCE WESTERLY ALONG THE NORTH LINE OF SAID SOUTHEAST
QUARTER'89'OO'02" WEST, 344,90 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 08'18'07"
WEST 144 77 FEET; THENCE SOUTH 26'03'03" WEST 82,70 FEET, THENCE SOUTH 25'35'34" WEST 167,66
FEET TO A POINT ON THE WESTERN PROLONGATION OF THE NORTH LINE OF LAND CONVEYED TO
ERNEST H, PEACOCK ET AL, BY DEED RECORDED SEPTEMBER 2, 1953 IN BOOK 4974, PAGE 78 OF
OFFICIAL RECORDS, COUNTY OF SAN DIEGO; THENCE EASTERLY ALONG THE PROLONGATION OF THE
NORTH LINE OF SAID PEACOCK'S LAND, SOUTH 89'00'02" EAST 2,86 FEET TO THE NORTHWEST CORNER
OF SAID PEACOCK LAND; THENCE EASTERLY ALONG THE NORTH LINE OF SAID PEACOCK LAND NORTH
88'00'02" WEST, 408.44 FEET TO THE WESTERLY RIGHT OF WAY COMMUNITY ROAD; THENCE
NORTHERLY ALONG SAID RIGHT OF WAY NORTH 01'53'32" EAST 106:97 FEET, THENCE SOUTH 89'00'02"
EAST 1,00 FEET, THENCE NORTH 1'53'32" EAST 60,01 FEET, THENCE NORTH 89'00'02" EAST 1,00 FEET TO
THE WESTERLY RIGHT OF WAY 'OF ,COMMUNITY ROAD; THENCE NORTHERLY ALONG SAID RIGHT OF
WAY NORTH 1'53'32" EAST 46.43 FEET; THENCE NORTH 89'00'21" WEST 112.09 FEET, THENCE NORTH
01'53'31" EAST 104,51 FEET, THENCE SOUTH 88'06'29" EAST 6,45 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE TO THE, NORTHWEST, HAVING A RADIUS OF 37,50 FEET, THENCE ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 39'51'23" AN ARC DISTANCE OF 26,09 FEET, THENCE
NORTH 52'02'08 EAST, 23.26 FEET TO APOINT ON THE SOUTHERLY RIGHT OF WAY OF HiLLEARY PLACE
AS DESCRIBED IN EASEMENT FOR RIGHT OF WAY AND INCIDENTS FOR A PUBLIC STREET, DOCUMENT
1992-0093381, OFFICIAL RECORDS RECORDED FEBRUARY 21, 1992, SAID POINT IS ALSO THE BEGINNING
OF A NONTANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 75,00 FEET AND A
RADIAL TO SAID POINT BEARS SOUTH 37'34'04" WEST, THENCE NORTHWESTERLY, SOUTHWESTERLY
AND NORT8ERLY ALONG SAID SOUTHERLY HIGHT OF WAY THE FOLLOWING THREE COURSES
THROUGI1 A CENTRAL ~NGLE OF 28'12'08" AN ARC DISTANCE OF 36,92 FEET TO A POINT ON THE NORTH
LINE OF SAID SOUTHEAST QUARTER, SAID POINT IS ALSO THE BEGINNING OF A NONTANGENT CURVE
.cONCAVE TO T8ESOUTHEAST, HAVING A RADIUS OF 74,00 FEET AND RADIAL TO SAID POINT BEARS
NORTH26~57'53" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 25'37'29" A.N AR:Q [)1~TAf'J.cE'QF 33.10 FEET; THENCE NORTH 01 '53'31" EAST 20,68 FEET TO A POINT
ON THE NORTH LINE, ()F !3Alp,~OLJJHEAST QUARTER; TttENCE WESTERLY ALONG THE NORTH LINE OF
SAID SOUTHEAST QUARTER NORTH 89'00 02" WEST 179,88 FEET TO THE TRUE POINT OF BEGINNING,
EXHIBIT "A"
2093/014742-0333
668390.04 a02l09/06
.
EXHIBIT A
.7846
PARCEL "C" OF CERTIFICATE OF COMPLIANCE RECORDED JULY 6, 2005 AS FILE NO
2005-0566608 OF OFFICIllL RECORDS AND DESCRIBED, AS FOLLOWS
ALL OF THE LAND CONVEYED TO KENNETH A LUDDEN PER' BOOK 2362, PAGE 54 OF
OFFICIl'.L RECORDS, I<ECORDEDFEBRUARY 28, 1947" COUNTY OF SAN DIEGO, STATE OF
CALIFORNI~, TOGETHER WITH ALL OF THE LAND CO~EY~D TO KENNETH A LUDDEN ET AL
PER DOCUMENT NO 102837; OF OFFICIAL RECORDS, RECORDED JUNE 15, 1961, SAID
COUNTY, SAID STATE; TOGETHER'WITHALL OF THE LAND CONVEYED TO POWAY MUNICIPAL
WATER DISTRICT PER DocuMENT NO 86033, OF OFFICIAL RECORDS, RECORDED MAY 18,
1961, SAID COUNTY, SAID STATE; TOGETHER WITH A, PORTION OF LAND CONVEYED TO
JEFFRIES ET AL PER DOCUMENT NO 1991-0468067, ALL OF OFFICIAL RECORDS,
RECORDED SEPTEMBER 12, 1991, SAID COUNTY, SAID' ST~'I'E; ALSO BEING A PORTION OF
THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE
CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS
BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST
QUARTER NORTH OF SAID SECTION; THENCE WESTERLY ALONG THE NORTH LINE OF SAID
SOUTHEAST QUARTER NORTH ,89000'02" WEST, 344' 90 FEET TO THE TRUE POINT OF
BEGINNING; THENCE SOUTH 08018' 07" WEST 144 7,7 FEET; THENCE SOUTH 26003' 03" WEST
82 70 FEET; THENCE SOUTH 25035'34" WEST 167 66 FEET TO A POINT ON THE WESTERN
PROLONGATION OF THE NORTH LINE OF LAND CONVEYED TO ERNEST H PEACOCK ET AL, BY
DEED RECORDED SEPTEMBER 2, ,1953 IN BOOK 4974, PAGE 78 OF OFFICIAL RECORDS,
COUNTY OF SAN DIEGO; THENCE EASTERLY ALONG THE PROLONGATION OF THE, NORTH LINE
OF SAID PEACOCK'S LAND, SOUTH 89000'02" EAST 2 86 FEET TO THE NORTHWEST CORNER
OF SAID PEACOCK LAND; THENCE, EASTERLY ALONG THE NORTH LINE OF SAID,PEACOCK
LAND NORTH 88000'02" WEST" 408' 44 FEET TO THE WESTERLY RIGHT OF WAY OF
COMMUNITY ROAD; THENCE NORTHERLY ALONG SAID RIGHT OF WAY NORTH 01"53' 32" EAST
106 97 FEET; THENCE SOlTIH 89000' 02" EAST 1 00 FEET; THENCE NORTH 1'53' 32" EAST
60 01 FEET;' THENCE NORTH 89000'02" EAST 1 00 FEET TO THE WESTERLY RIGHT OF WAY
OF COMMUNITY ROAD; THENCE NORTHERLY ALONG SAID RIGHT OF WAY NORTH 1"53'32" EAST
46 43 FEET; THENCE NORTH 89000'21" WEST 112 09 FEET; THENCE NORTH 01"53'31" EAST
104 51 FEET; THENCE SOUTH 88006'29" EAST 6 45 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 37 50 FEET; THENCE
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 39051' 23!' AN ARC DISTANCE OF 26 09
FEET; THENCE NORTH 52002'08" EAST, 23 26 FEET TO A POINT ON THE SOUTHERLY RIGHT
OF WAY OF HILLEARY PLACE AS DESCRIBED IN EASEMENT FOR RIGHT OF WAY AND
I,NCIDENTS FOR A PUBLIC STREET, DOCUMENT 1992-0093381, OFFICIAL RECORDS
RECORDED FEBRUARY 21, 1992, SAID POINT IS ALSO THE BEGINNING OF A NONTANGENT
CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 75 00 FEET AND A RADIAL TO
SAID POINT BEARS SOUTH 37034'04" WEST; THENCE 'NORTHWESTERLY, SOUTHWESTERLY AND
NORTHERLY ALONG SAID SOUTHERLY RIGHT OF WAY THE FOLLOWING THREE COURSES:
THROUGH A CENTRAL ANGLE. OF 28012'08" AN ARC, ,DISTANCE OF 36 92 FEET TO A POINT
ON THE NORTH LINE OF, SAID SOUTHEAST QUARTER, SAID POINT IS ALSO THE BEGINNING
OFA NONTANGENT CURVE 'CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 74 00 FEET
AND RADIAL TO SAID POINT BEARS NORTH 20057'53" WEST; THENCE SOUTHWESTERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 25037'29" AN ARC DISTANCE OF 33 10 FEET;
THENCE,NORTH 01053'31" EAST 2068 FEET TO A POINT ON THE NORTH LINE OF SAID
SOUTHEAST QUARTER; THENCE WESTERLY ALONG THE NORTH LINE OF SAID SOUTHEAST,
QUARTER NORTH 89000' 02" WEST 179 88 FEET TO THE TRUE POINT OF BEGINNING
APN: 317-101,-53
,
.
.
7847
CALlFORNiA,ALL,PURPOSE ACKNOWLEDGMENT
, "-" -: '. -:- .w...<s<:-.c<>,iX'~~,Q('v6<'.5<'.(5<);:':- . - . -:&7
'I
I, I
State of California
} ss
,I
'I
,
,
,I'
I,
County of San Di ego
On 21l.\ do ,before mEi, Shelley Collins, Notary Public
personally ap;::red _"Pad " , Ll\ r:\ N,m, ,,01111, of om", (',9" 'J,", Do" No.,,, P"bl,,")
EJa N,m'l') of,5190"'"
I'
I
I'
[
,
,
,
,
.J21Sersonally k[lO'{I'n ,to me
D proved to me on the basis of satisfactory
evidence
,I
I
I
- - - -- - - - - - - - - r
SHELLEY COWNS !
1.'" ,commlis~#l+'l6i'~
" "_, ' ,Notary P, U,b1Ic' Co Utomla, "I
~; $, 7 _'...
~ ' San DIego CouIlIY 'I ·
. ~ _,~~m.~~'9S_O:21~~.J
to be the personj8f whose name(.lI} ~
subscribed to the within instrument and
acknowledged to me thaQ;lsh€/ttl9'f'executed
the same. 'in c::b0'herlihetf alJthorized
'capacity(j€S), and that by ~A'6itl11'llr
signature~onthe.instrument the person(wor
the ef'ltity,upon behalf of which the persoriW
acted, executed1the instrument.
"
"
,
"
,
"
,
I
"
I
-,
-,
Place Notary Seal Above
OPTIONAL
Though the infprmation belayv' isiu,?,t fequiied.by law, it may prove\(a/l!a~fe:tq,P!!rsonsrelymg on the document ,]
and could prevent fraudulent removal and reattachment of this form' to another document. ,I
I
I
I'
I
I
Description ofAttache~ ~II('\^ ~ /." c\ \ 'C"_/.:>
"", ",,,. m o~' '~::- " w " . q~ J:(c~
Docuinent Date: ' /h. I,LI1 (l Number of Pages: ~
Signer(5) Other Than NamedAbove ]MltDQ;B1, , ~Uf)(U1ILV1 n &11S '. ~\Q~U Shtll
Capacity(ies) Claimed by Signer
I
I-
I
I
,I
,I
Signer's Name:
o Individual
o Corporate Officer ~ Title(s):
o Partner-O Limited o General
o Attorney in Fact
o Trustee
o Guardian.or Conservator
o Other'
Top of thumb here.
I
I
I
I
I
I
"
I
I
I
I
,
j
I
I
I,
,I
1
Signer Is Representing:
I
- ~~~~'<X;.'s<;;'9,;.'Q(;,'QZ;:'C<;..~~'UV'G<,.~'gj~~"g..~'9,;~~'g,;.'9(;.~'GY~ - - V'~
0-
o 1999 NatIonal NotarY AssooaiKin-' 9350 De Solo Ave"P.O"8<J~ 2402' Chatsworltl, CA 91313.2402' WNW nationalnotary.org
Prod.No.59:(l7
Reorder: Call ToIl-F,"s 1-800-876-6827
/0
;; .,'
.
.
7848
,STATE OF CALIFORNIA
COUNTY OF )lUlA)~
On ~VU (J;!Ui I/;( 20Dlf ,before me, 31eL~~ I ~ S
personally appeared L. l)/ItYlQ. Sw a~t me of Notary Pubhe)
-11 personally known to me
-Of-
D proved to me on the basis of satisfactory evidence ,to .be,the personW whose name(Jl)'~
subscribed'to the within'instrument and acknowledged to, me that ~~/tbey executed the same
_ inhi~cirauthorized'capacity(ies), and thatbyh~.h>ir signature(.s1-'on the, instrument the
perso~or the eiltityujJon behalf of which the petSon~)'act'ed,'executed the instrument.
".:' - -- -:- '~cOw.'. M-:-.:l WITNESS my hand and.()fficialseal.
'.' .COInIIIIUIOn"l~ t~- lb' ~.. '
l -, ~=:&,:,*, jl~'" ~fln. '" . . All, I\_~
A ,.". 6ct21 2007 ' '. ll",.., Y.. X A/ V V .
J":'" _ _ ~~~I~~.:.., - ..:. _'. J Signature fNota1Y' :
, Notary Public,
OPTIONAL
Though the data below is not required by law, iimay prove valuable to persons -relying on the document and could prevent
fraudulent reatta,hmentof this form.
CAPACITY CLAIMED BY SIGNER'
DESCRIPTION OF ATTACHED DOCUMENT
D Individual
D Corporate Officer
Title(s)
Title Or Type Of Document
D
Partner(s) D
D
Attorney.ln.Fact
Tr;;~tee(sj .
Gua~di;wConservator
Other:
Lirnited
General
4
D
D
D,
d
Number Of Pages
Signer'is'represt?~ti~g:
Name Of Person(~) Or Erllity(ies)
DOCSOC/115231I v3/022345-0081
,
.
.
~
CALIFORNIA ALL.PURPOSEACKNOWLEDGMENT
7849
~~~~~~~...ffl"~~~.N>r&.nC'~~~~.ri('"~~~~~.<'X'~
personally
appeared
} ss
me, 6<tI~ (JE//I/IUJD
Name and Title of Officer (e,g., Jane Doe, Notary Public")
SWSA-N /J?~G,YnJOLD S
Name(s)of,Sign'er(s)
State of California
County of S AcrV 'D I t b 0
On k~\>u 'A'f'-'j /5,;)CO,b before
Dale
lij - - -C~~I~ ~- ~
- . . CommlssIon " 1616590
i' Notary I'l4lIIc : cainomta f
j San DIego County d
- - - ~~:.~~~~
4perSOnally known to me
6~
D
to be the personWwhose name~is~ubscribed
to thewitnin instrument and acknowledged to me that
~e/lJ:ley executed the same in ~her/th.l*r
authorizedcapacit~ and that by tJi8lfier/tl)air
signature~n the instrument the person(8f, or the
entity upon behalf of which the personW acted,
executed the instrument.
WITNESS my hand a
Place, Notary Seal Above
OPTIONAL
Though the information below is notrequired by law, it may prove valuable'to persons relying on the document
and Gould pfeventfraiJdulent removal and reattachment of this form.to another document.
Description of Allached Document
Title or Type of Document:'1Vt& Me g.Y\-10 'YL.\ Tl"
o ~ '-EA-S~
't
Document Date:
O;:},!IL( /0 k,
Ro,p ~()t..{L\)
.
~Jfef<.,;C(jem>, Y17J:S
-"t 7 _'01 'A-nJ E S'h e.1'\- -:JOG~E3Tt:'
I
Number of Pages:
L/
Signer(s) Other Than Named Above:
Capacity(ies} Claimed by Signer(s)
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other'
Top of thumb,here
Sjg~er's Name:
o Individual
o CorporaleOfficer - Title(s):
o ,Partner - D'Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other'
Top of thumb here
Signer Is Representing:
Signer Is. Representing:
~~~~~~~~~~'('::;~'\~~~~~'Q(..~~~~^@;..'%'Q\:
@2004 National Notary Association. 9350 De Solo Ave:', P.O. Box 2402. ChatswOrth, CA 91313-2402 Ilem No. 5907 Reorder: Call Toll-Free 1-800'876-6827
,,'