Memorandum of Agreement 1996-0592231
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~l llECORblNG'AEOOESTED BY CONTINENTAL 1A\V\'EJlS,tlll.E ,
'~ ;- .~-~ . '708,
." RECORDING REQUESTED BY V OrrICIAL RECORDS, '
SAN' DIEGOCOUHIY ,RECORDER'S OFFICE
iND WHEN RECOIIDED' M~L'TO: )t - _,,_ __n_,_'
GRfGORYSMITH, COUHTYRECORDER
) , ' "FEES" Q,OO
poway Redevelopment Agency )~
13325 Civic Center Drive ) . {(~
Poway, CalIfornia 92064 ) " '
Attention: Executive Director -oJl \
This document is exempt.from a -recording-fee pursuant
to Gov!. 'Code * 6103.
MEMORANlJUM OF AGREEMENT
THIS MEMORANDUM OFA:GREEMENT ("Memorandum"), dated fore identification
purposes as of November 20 "1996,,lsentered into by and.afnong the POWAY
REDEVELOPMENT AGENCY, a public body corporate and politic ("Agency") ont.he'one
hand, <J119 ,F.T, VONDER,'AHE COMPANY, a sole proprietorshjp ("Participant") and
~ETA SPRINGS PLAZA, a California limited partnership (the "Developer") on the other
hand.
?
1. First Amended and.Re~tated Disposition, ,Development, and Owner
particiJ>ation Agreement,. Agency" Participant and Developer have entered into a First
Amended and Restated Disposition, Developineilt and ,Owner participatjon Agreement
("Agreement"), dated as of November l~ , 1996, which provide~ for "the dispo~ition of that
certain , real 'property located in the City of Po way , CountY of San Diego, State Of California,
more fully described in Exhibit" A" attached hereto and incorporated herein by this reference (the
"Agency Site") by the Agency to the Deyeloperand, fonhe development of the Agency Site by
the Deyeloper. The Agreel11ent further provides for the development of that certain real property
located in the City of Poway ,County of San Diego, State of California, more fully described in
, .
Exhibit "B" attached hereto and incorporated herein by tJiis reference (the "Plaza Site") by the
Participant. The Agreemenlcis available for public inspection and copyi!lg at the office of the
Poway'Redevelopment Agency; 13325 Civic Center Drive, Poway, California, All of the terms,
cOl1di[ions, pr,ovisions and covenants of the Agreement are incorporated in this Memorandum by
rdetence as though written out at length herein, and the Agreement and this Memorandum shall
be deemed to constitute a single instrument 'or document.
,2. ~urposeofMemorandllm. Section 610 of the Agreement provides that the
Agreement shall be recorded in its entirety, however, the parties hereto,desire to cause the
recordation of,this,Memorandum in lieu of recordation of.the:entire Agreement. This
Memorandum is prepared, for recordation,purposes only, anf! il1ono way modifies the terms,
conditions, provisions 'and covenants oftlle:Agreeirient. In the event or any inconsistency
between , the terms, conditions, provisions and covenants of this Memorandum and the
Agreement, 'the terms, conditions, provisions and covenants of the Agreement shall prevail.
PUBL045403.11424122345,0064
r . . 7011
,
r The parties have executed this'Memorandum of Agreem,enton me dates,specified
immediately adjacent to their respeCtive signatures.
AGENCY:
,
POWAYREDEVELOPMENT AGENCY,
a public body, corjJOrate ,and politic
Dated :: 1\ /W ,1996 By:
I
ATTEST:
'-"'(n~ k"uMA't....
, \
Secretary
~..>
PARTICIPANT:
F.T. VON DER AIlE COMPANY, a sole
proprietorship
Dated: N(f?v. 7---1 , 1996 B:/AL~~ L
Its: o wNE/Z.
DEVELOPER:
MURRIETA SPRINGS PLAZA, a California
limited partnership
/7
Dated: Iv <J 1/, ]., , 1996 By: ltL~ c.z.......... ~
Its: 4€'/V , ,f/A/?-"J'N&Z
fI
pU8L,45403 _11424122345,0064
" - ' . 71
eti
State of California )
, li..' );ss,
County of S"~~( -e,1" )
On I! / .}../ / 9~, 199 t" , before me, ~6J, J1:t cd €. ( I
I ( ,.,-- (name. title:of officer, 'e.g., "Jane Doe, Notary Public'!)
personally appeared F T ,[)OVt du.. /the., '
(name(s) of slgner(s!)
o personaify known to me ~OR-
~ proved to me on the basis of satisfactory evidence
to be, the person(s) whose name(s) isiaresubscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authoriiedcapacity/ies,aQd that' by
his/her/their signarure(s) on the .instrument the person(s), or the entity upon behalf of which
person(s) acted, executed the ,instrument.
.. ...... .......... "....... "....:..,.':.'...... -.:.;." .....-'...;. ~ t
.: ,ht~JIJ1f~aI}ki~"
NOT AAV, PUIll.lC' , CAUFOANI
"Si\N ~I,E.G9couNTY, "'~
Comm, ExpIres SepU2, 1997
Capacity claimed by signer: (This section is OPTIONAL)
i&Individual
,0 Corporate Officer(s):
o Partner( s):
o General 0 Limited
o Attorney-in-fact
o Trustee(s)
o Guardian/Conservator
~ Other: rQWv\.l-V
Signer is representing:
!' (name oj person(s) or entuY(les))
Attention Notary: Although the information reql.!estedJ\elow is OPTIONAL, it could prevent
fraudulent attachment of this certificate to an unauthorized document.
THis CERTIFICATE Title or Type of Document Hew-. '" 0 ~ i1 il-€-.. ..,J
MUST BE ATTACHED
TO THE DOCUMENT Num,berof P\lge~Co ,Date of Document If/Ay'! Go
DESCRIBED AT RIGHT: Signer(s) OthenlianNarr'i'ed Above je.s;
.PUBL:45403 _11424122345.0064
~.-'
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State of California ),
County of ~-1;'1 0 ) ss,
)
On 11/,1-1 199~, before me, 77;tvr' It tJe.(!
'personally app~ed F r UOYl delL J4..h:tlle.title of officer. e.g" "Jotle Doe. Nouiry Puhlic")
(1UIm~(s> ofsigner(s))
0 personally known to me -OR-
~ proved tome on the basis,of'satisfactory evidence
to ~e the person(s) whose name(s)is[a{e subscribed to the within, instrument and ackno~ledged,to
methat he/she/they exectitedthesame ih,his/her/their authorized capacity/ies, ,and' that by
hisfher/their signature(s) on ihe instrumenLtheperson(s), or the entity upon behalf of which
person(s) acted, executed the instrument.
Comm,//1004B30 ~
N-OTAE:lY,P~BlIC -'CALi"FO.RNIA(j'
SAN.:OIEGO. COUNTY
C.ory'lm.,Expires Sepl; "2. 1997 ~
Capacity claimed, by signer,: (This section is OPTlONAL.)
0 Individual
0 Corporate Officer(s):
X Partner( s):
~eneral 0 Limited
0 Attorney-in-fact
0 Trustee(s)
0 Guardian/Conservator
0 Other:
Signer is 'representing: (name oj person(s) or"entltY(les))
Mtention 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. flew....o d'+ ~ tf.ee",,;T
MUST BEA,TTACHED Number of Pages ,(, Bate of rcument II/d-el/'T'G
TO THE DOCUMENT
DESCRIBED AT RIGHT: ,
PUBL,45403 _11424122345,0064 Signet(s) Other than Named Above -e \
r/ . -- -
. -.. . . EXHIBIT "A" . ,.
'71,2
, .'I,:LEGAL ,DESCRIPTION ,OF AGENCY'SITE '
.. P~CEr:. 1:
THE 'EAST 15,0. ,EEET OF THE NORTH 267 FEET pt'THE EAST HALF OF THE
NORTHEAST QUARTER OF THE SOUTHWEST Q!jARTER OF SECTION 13, TOWNSHIP
14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN.
PARCEL 2 :
ANON~EXCLUSIVE EASEMENT FOR EGRESS AND 'INGRESS FOR, VEHICULAR,~D
FOOT.,TRAFBI'C,-FROM.PROPERTY OWNED ;BYSECTR1I:SCORPORATION TO POWAY
PLAZA SHOPPING CENTER OVER AND ACROSS THE SOUTHERLY 25 FEET OF THE
NORTi-jERLY .225 FEET OF THE EASTERLY HALF OF THE NORTHEAST QUARTER OF
THE'SOUTHWEST QUARTER ,OF SECTION 13, TOWNSHIP 14 SOUTH,RANGE2
WEST, SAN BERNARDINO BASE AND MEIUDIAN, IN THE, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA" ACCORDINGLY TO OFFICIAL PLAT THEREOF.
RESERVING FROM P~CE.LS :i, 'PJ;:Ei'cRIBED ABOVE, AN. EASEMENT FOR STREET,
HIGHWAY AND PUBLIC UTILITY PURPOSES MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNCING AT THE CENTER OF SAID SECTION, ,13;' THENCE ALONG THE
' -- ~ - -- .
NORTHERLY LINE' OF SAID NORTHEAST QUARTER' OF THE SOUTHWEST QUARTER
OFe :SECTION 13 NORTH 88042'37" WEST 150.02 FEET TO THE WESTERLY LINE
O,F ;SAID ,EAST ,150 FEET OF THE NORTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SECT,ION T13 ;THEN,C'E 'ALON,G SAID 'WESTERLY LINE SOU,TH
i,019' 32" WEST .s0.00 FEET,; 'J:'HENCE LEAVING SAID WESTERLY LINE: SOUTH
75021 "55'"EAST 26., 02F;EET TO A LINE: PARALLEL WITH AND LYING 5,6.00
FEET SOUTHERLY o~, AS ~E.ASbRED. AT RIGHT ANGLES FROM, THE NORTHERLY
LINE OF SAID NORTHEAST' QUARTER OF THE SOUTHWEST QUARTER OF SECTION
1'3; THENCE ALONG SJ\I'oPARALLEL LINE SOUTH 88~42' 37" EAST 48.13 FEET
TO THE BEGINNING OF ~ TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A
RADIUS OF 25 .,O:O'P.EET'; THENCE LEAVING SAID PARALLEL LINE,
SOUTHEASTERLY ALONG SA:-ID CURVE THROuGH A CENTRAL ANGLE OF 9,1002' 09" ,
AN ARCLENGTH OF 3,9. 7,2F;'EET TO A LINE PARALLEL WITH AND LYING 51.00.
FEET WESTERLY OF, A.S r1EASURED AT ,RIGHT ANGLES FROM, THE. EASTERLY
LINE ,OF SAID NORTHEAST, QUARTER OF THE SOU,THWEST QUARTER OF SECTION
13; THENCE ALONG SAID ,PARALLEL . Lti-jE SOUTH 2019' 32" WEST 185. 58 FEET
TO THE SOUTHERLY LINEQF; SA,ID. NORTfIERLY 267 FEET OF THE NORTHEAST
QUARTER OFTHESbUTJ:!!VEST QUARTER OF SECTION, 13 ; THENCE ALONG SAID
SOUTHERLY,LINE SOUTH 8S042'37"EAST 51.,,01 FEET' ,TO ,THE EASTERLY LINE
OF SAID NORTHEAST QUARTER OF 'THE SOUTHWEST 9UARTER OF SECTION 13
THENCE ALONG SAID EASTERLY LINE 'NORTH 2019'32" EAST 267.04' TO THE
POINT OF BEGINNING.
EXHIBIT "A"
,.... . . .
"
, 713
~ e ,
. :' EXHIBIT "Bn
LEGi\L I)ESCRIP1'IONOFPOWAYPLAZA SITE
The land referred to herein is situated in the State of California, County of San Diego and is
described as follows:
PARCEL 1:
THE WESTERLY 375,00 FEET OF THE,EAST HALF OF THE NORTHEAST QUARTER OF
'THE SOUTHWP;STcQUARTER'OFSECTION 13:TOWNSHIP 14-S0UTH;uRANGE 2 WEST,
SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACqOIWING :r9 THE OFFICIAL PLAT THEREOF, EXCEPTING
THEREFROM THE SOUTHERLY' 683.94 FEET THEREOF,
PARCEL 2:
AN EASEMENT ANpRIGHT OF-WAY FOR ROAD PURPOSES OVER THE NORTHERLY
30,00 FEET OF THE};6UTHERGY 683:94 FEET OF THE EASTERLY 400,00 FEET OF
THE EAST HALF OF THE NORTHEAST QUARTER OF THESOUTHWEST QUARTER OF
SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN'BERNARDINO BASE AND
. ... .. .. .. --
MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO THE OFFICIAL PLAT THEREOF,
PARCEL 3:
TI:IE E,AST ONE:HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST
- . ~ . .,.. ~.. - ' . " .. -
C!UARTER' ,OF,SECTION '1J, TOWNSHIP T4SOl:JTH( RANGE,2 WEST, SAN
BERl':l~DINO BASE ANI) MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP OFFICIAL PLAT THEREOF,
EXCEPTING THEREFROM THE SOUTHERLY 683,94 FEET THEREOF.
ALSO EXCEPTING THE WEST 375 FEET THEREOF,
ALSO EXCEPTING THE NORTH 267~FEET OF THE EAST 1'50 FEET THEREOF,
ALSO EXCEPTING THE NORTH :ZOO, FEET OF SAID NORTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF-SECTION 13,
PARCEL 4: .
THE RIGHT TO DRAIN, FLOW AND CHANNEL NATURAL SURFACE WATER FROM
THE EAST 150,17 FEET OF mE WEST 525,17 FEET OF THP: NORTH 225 FEET OF THE
EAST HALF OF THE NORTHEAST QUARTER OFTHE SOUTHWEST QUARTER OF
SECTION 13 OVER, UNDER AND UPON THE WESTERLY 375 FEET OF THE EAST
HALF OF THE No'RTHEAST QUARTER OF THE 'S0UTHWEST. 'QUARTER OF SAID
SECTION 13, TOWNSHIP 14 SOUTH, RANGE, 2 WEST, SAN BERNARDINO BASE AND
. ,_ ~____",:", . .._,._ _';_~'_',: ..,-. _ ...' ._ ,noH", ~ :,'~ ,,' ",' '"', _.." " ,
MERIDIAN, IN THE, COUNTY OF SAN DIEGq, STATE .OF CALIFORNIA, ACCORDING
TO THEOFFICIALPLA T THEREOF; EXCEPTING THEREFR0M THE SOUTHERLY
683:94 FEET THEREOF,
EXHIBIT "B"
PUBL45403_11424122345,0064