Memorandum of Agreement 2001-0787256
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JIDm1!'#2oo1-0787256
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OCT.30. 2001 2~~2
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,RECORDING REQUESTED BY
ANDWHE~REcolu)ED MAIL TO:
PM
~NexteJ,'Communications ,
:31O'rCommerce
Irvine, CA92602-1300
Attn,: Property Management-c.?\:aCl. \)::,'
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OFfICIAL REClJRDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORYJ. SHITH"CllUNTY RECllRDER
FEES: ' 29.00
OC: NA
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MEMORANDUM OF AGREEMENT
T,HIS MEMORANDUM, OF AGREEMENT is made and ,entered into this 28th day of Novembe,r, 2000
by and between the CITY OF POW A Y("Lessor") and NEXTELOF CALIFORNIA, INe., a Delaware corporation,
d/b/a NexteI Communications ("Lessee").
WI1NESSETH:
That,Lessor hereby leases ,toolessee and Lessee hereby leases from Lessor a portion of that certain real
property in the St,ite'of,Califomia,County of San Diego, City of Po way, a legal description of which is shown on
'Exhibii A attached hereto, and mcorporatedllerein by reference (the,5'Land"), under the, terms and conditions of an
unrecorded Communications'Site Lease ,Agreement between Lessorand,Lessee dated November 28 , 2000
and incorporated herein by refe~ence (the ':Agreement"), for'~ term" of five (5) years, and three (3) subsequent
optional reilewahel'Ills of five '(5)"years each with a commencementilateof no later than November 28 ,
2006, pursuanttothe terms oftlleAgreement. The portion, of tlliLaild leased by Lessor to Lessee'is that:porti<in
depicted on Exliibit B attached hereto and incorporated herein by'reference (the "Premises"). The Agreement
provides, for an easement" during'the term of the Agreement,for.utilities and access as defined tnerein and also as
shown on Exhibit RAny fuiure:lease of the Land which"JleJ!nitsthe installation of communications equipment
shall be-conditioned upon not'interferingwith Lessee's operation 'of the "Lessee Faciiities" (as that term is defmed
in tlleAgreernent). All of Lessor's covenants under the Agreement are 'intended to and shall be for the benefit ,of '
Lessee and,its successors. This:Memorandum is prepared fortllepurpose of recordation to give notice of the
Agreement an'dshall notconstitule an amendinent to or modification of the Agreement.
IN WI1NESS WHEREOF, the parties hereto have executed this Memorandum'of Agreement as of the day
and year written -above.
LESSOR:
LESSEE:
CITYOFPOWAY
NEXTEL OF CALIFORNIA, INe., a
Delaware corporation, d/b/a Nextel
Communications
C"\
By~C-2~G:O 0-_.../ /'
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Colin E, Holland
Title:Arp~ \lp nf l=nginQluinQ R.nperations
By:
Title:
STATE;F "0 9J,-k,y rl\L.
"-
COUNTY OF CtV\ti'Ul. CZ;'m--t;.,.
On i III\.< 10 () , ,\lefore me, Ll St... S+ef-klcy , Notary Public, personally'
appearedCi:h", r::-:, {-,611 t'~ ;",f , personally known tonk (or ,proved to me on the basis or satisfactOl)'
evidence),to be the person{.Ywhose n~e(sYislar..subscribed to the within:in~trument-and acknowledged to me that he/shelt~
executed the same in hislheriU.eirauthorized capacit(ies), and that byhisihefllheir signature{s)"On the instrument, the person(s);
or the entity upon behalf of which.,the'person(sfacted. executed the instrument. ...
'Y'TNES~ my hand and o!;licialseat.
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'-Notary Public ,
STATE OF , CALIFORNIA
COUNTY OF SAN DI EGO
(SEAL)
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J NotOY I'IbIlc - Canfcirrla I
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..-- o.n, lIlovg[n,ber?..8, 2000, ,,' ber?ie:me;iSlierr:,i'e D'.Worrel i , , ,. ,Notiuyrriblic, personally;'
~!,peared ,1~3.Chae" P. Cafaga ,'P~~son!i,1ly'}~ownto !!,e'~ocxprlivel4X\ll)Oi\9cX1Ri4lIQ(';11lIiji;~(Il~iltiJI*j\tilwx
1Io.\Ild<lI1lI:):tobe the personQ$)<whose name(lQ,islm subscribed.totlie )Vithininstrument;and ai:knowledged:tome,thitt-be.1l~~
executed the sllme in hislhllJlitl\~l<authorized: capacit(ies)" and: tbat by, hisilllifl!bl:imignatureill)on the instrument, tlle person(ll),
or the entitY upon behalf of which thepers"on(:tj acted, executed',the instrument.
WITNESS my h()nd official seaL
,J-A.Ucu U'~}( ,-t (;,,(1 jJ
Notary Public
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, , ,Commission # 122:lO93 "
~' ' Nota'( Public" Cali/amici j
t San Diego County f
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'(SEAL)
November 7. 2000
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MKT: San Diego
SITE #: CA699Id
SITE NAME: Midland
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EXHIBIT A I
DESCRIPTION OF LAND
to the Agreement dated November 28 ,2000 , by and,belWeen CITY OF POW A Y, as Lessor,
and NEXTEL OF CALIFORNIA, INC., a Delaware corporation, d/b/a Nextel Communications, as Lessee.
The Land is described and/or depicted as follows:
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,PAReBL 1:
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ALL THAT, PORTION OF THE SOUTHERLY 10 ACRES OF THE EASTERLY 20 ACRES OF THE, NORTH
HALF 0'[;' THE NORTHWEST QUARTER OF SECTION 19,," TOWNSHIP 14 SOUTH; RANGE 1 WEST,
SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, .,.
ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY, DESCRIBED AS FOLLOWS,
BEGINNING, AT THE NORTHWEST CORNER OF SAID SOUTHERLY 10 ACRES; THENCE ALONG THE
WESTERLY'LINE OF SAID SOUTHERLY 10 ACRES, SOUTH 0"57"'05" WEST 210,00 FEET;
THENCE SOUTH SS055'12" EAST 176.40 FEET; THENCE NORTH 7:i037'52 EAST 15S,Ol FEET;
THENCE NORTH 0057 'OS" EAST 160.00 FEET TO THE NORTHERLY LINE OF, SAID. SOUTHERLY 10
ACRES;, THENCE: ALONG SAID NORTHERLY LINE, NORTH SS.55'17" WEST 326.40 FEET TO THE
POINT OF BEGINNING.
PARCBL ~:
AN EASEMENT FOR INGRESS AND EGRESS FOR ROAD AND UTILITY PURPOSES, TO BE USED IN
COMMON WITH OTHERS, OVER, llNDER; ALONG AND ACROSS THE NORTHERLY 60.00 FEET OF
THE EASTERLY 60.00 FEET OT'THE SOUTHERLY 10 ACRES OF THE WESTERLY 20 ACRES OF
THE EASTERLY 40 ACRES OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 19,
TOWNSHIP 14 SOUTH, RAGE l' WEST, SAN BERNARDINO BASE, AND MERIDIAN, IN THE COUNTY
OF 'SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO uNITED STATES GOVERNMENT SURVEY.
PARCEL 3:
AN EASEMENT FOR INGRESS AND EGRESS FOR ROAD AND UTILITY PURPOSES, TO BE USED IN
COMMON WITH OTHERS, OVER, UNDER, ALONG AND ACROSS 'A STRIP OF LAND 60.00 FEET IN
WIDTH LYING WITHIN THE ,NORTll.HALF OF THE NORTHWEST Ql,1ARTER OF SECTION 19,
TOWNSHIP 14 SOUTH, RANGE 1 WEST, 'SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY
, THE EASTERLY LINE OF S~ID STRIP BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE NORTH 10 ACRES ,OF THE WESTERLY 20 ACRES
OF THE EASTERLY 40 ACRES OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SAID
SECTION 19; THENCE NORTHERLY IN A STRAIGHT LINE TO A POINT ON THE SOUTHERLY LINE
OF SECTION lS, TOWNSHIP 14 SOUTH: RANGE 1 WEST, SAN BERNARDINO BASE AND
MERIDIAN, DISTANT THEREON 6'0.00 FEET WESTERLY OF THE SOuTlIEAST CORNER OF THE
WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 1S.
SAID'EASEMENT TO TERMINATE SOUTHERLY IN THE SOUTHERLY, LINE OF THE NORTHERLY 10 ,
ACRES OF THE WESTERLY 20 ACRES,. OF THE WESTERLY 40 ACRES OF THE NORTH HALF OF THE
NORTHWEST QUARTER OF SAID SECTION 19, AND TO TERMINATE NORTHERLY IN THE
SOUTHERLY LINE OF SAID SECTION 1S.
PAReBL 4:
_ -AN,cEASEMENT':FOR -INGRESS 'AND-EGRESS FOR ,ROAD AND UTILITY PURPOSES, ,TO' BE USED, IN,
COMMON' WITH ,OTHERS', . OVER, UNDER AND ACROSS A STRIP,OF LAND 60,.00 'FEET ,IN WIDTH"
. . _ - t. . .
LYING' WITHIN THE WEST ,HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER.,OF ,
SECTION IS ,TOWNSHI'P 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN IN
THE COUNTY OF SAN 'DIEGO, STATE OF CALIF?RNIA" ACCORDING TO UNITED 'STATES ','
GOVERNMENT.SURVEY, THE EASTERLY AND NORTHEASTERLY LINE OF SAID STRIP BEING
NITIAlS
ATTEST:
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and otherwise known as: 12701 Welton Lane
APN: 323-090,53
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November 7. 2000
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MKT: San Diego
SITE #: CA6991d
SITE NAME: ,Midland
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EXHIBIT A?-
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DESCRIPTION OF LAND
to the Agreement dated November 28 ,2000 " by and between CITY OF POWA Y, as Lessor,
and NEXTEL OF CALIFORNIA, INC., a Delaware corporation, d/b/a Nextel Communications, 'as Lessee,
The Land';s described and/or depicted as follows:
BEGINNING AT THE SOUTHEAST CORNER OF THE WESTERLY 360.00 FEET OF THE NORTHERLY
526.00 FEET OF TIlE WEST. HALF OF THE SOUTHEAST QUARTER OF THE, SOlITllWEST QUARTER
OF SAID SEt;:TION 18; THENCE SOUTH 01"23' 54", .EAST 500..qo FEET; THENCE
SOUTHEASTERLY IN A STRAIGHT LINE 1'9 A POINT ON TIlE SOUTHERLY LINE OF SAID
SECTION 18, DISTANT THEREON 60.00 FEET WESTERLY OF TIlE S,OUTHEAST CORNER OF THE
WEST HALF OF SAID SOTJTHEAST QUARTER OF THE SOlITllWEST QUARTER, SAID EASEMENT TO
TERMINATE NORTHERLY IN THE SOUTHERLY LINE OF NORTIIERLY 526,00 FEET OF SAID WEST
HALF OF TIlE SOUTHEAST QUARTER OFTHE,SOUTHWEST QUARTER AND TO TERMINATE
SOUTHERLY IN THE SOUTHERLY LINE OF SAID SECTION 18.
PARCBL 5:
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AN EASEMENT FOR INGRESS AND EGRESS FOR ROAD AND UTILITY PURPOSES, TO BE USED IN
COMMON WITH OTIIERS, OVER, UNDER AND ACROSS THE EASTERLY 60.00 FEET OF THE
WESTERLY 360.00 FEET OT THE NORTHERLY 526',00 FEET OTTHE WEST HALF OF TIlE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 14 SOUTH,
RANGE 1 WEST, SAN BERNARDfNO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY.
PARCBL 6:
AN EASEMENT FOR INGRESS AND EGRESS FOR ROAD AND UTILITY PURPOSES TO BE USED IN
COMMON WI:m OTHERS, OVER, UNDER AND ACROSS AS STRIP OF LAND 60.00 FEET IN WIDTII,
LYING WITIIIN THE WEST HALF OF TIlE NORTllEAST QUARTER OF TIlE SOlITllWEST QUARTER OF
SECTION 18, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN,
IN TIlE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES
GOVERNMENT'SURVEY, THE ,EASTERLY LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE EASTERLY, 245..00 ,FEET OF TIlE WEST HALF
OF SAID NORTllEAST QUARTER OF THE SOUTHWEST, QUARTER; THENCE ALONG THE WESTERLY
LINE OF SAID'El'.S'i'ERLY 245.'00 FEET, SOUTH 00.43'S3" EAST,::225.00 FEET TO THE
SOlITllWEST CORNER OF THE NORTIIERLY'225.pO FEET OF THE EASTERLY 245.00 FEET OF
SAID WEST HALF OF TIlE NORTHEAsT QUARTER OF TIlE, SOUTHWEST QUARTER; THENCE
,SOUTHERLY ,IN A STRAIGHT LINE TO THE NORTllEAST CORNER OF THE SOUTHERLY 275.00
FEET TO 7HE WESTERLY 360,00 FEET OF SAID NORTHEAST QUARTER OF THE SOUTHwEST
QUARTER; THENCE ALONG TIlE EASTERLY LINE OF SAID WESTERLY 360.00 FEET, SOUTH
01"23'45" EAST, 275.00 FEET TO THE SOUTHERLY LINE OF SAID NORTHEAST QUARTER OF
TIlE ,SOUTHWEST QUARTER.
SAID EASEMENT TO TERMINATE NORTIIERLY IN THE SOUTHERLY, LINE' OF POWAY ROAD AS NOW
LOCATED AND ESTABLISHEri, AND TO TERMINATE"ISOUTHERLY IN TIlE SOUTHERLY LINE OF
SAID NORTIIEAST QUARTER OF THE SOUTHWEST QUARTER.
INITIALS
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and otherwise known as: 12701 Welton Lane
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ATTEST:
APN: 323-090-53
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November 7, 2000
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MKT: San Diego
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SITE NAME: Midland
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EXHIBITB
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DESCRlPTION'OF,. PREMISES
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to the Agreement dated November 28 ;, 2000. by and between CITY OF POWAY. as Lessor,
and NEXTEL OF CALIFORNIA, INC., a Delaware corporation, d/b/a Nextel Communications, as Lessee.
The Premises are des~ribed and/or depicted as follows: 1
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ProPosed _I panel
antennas' att8ched to existing
, water tank.
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Proposed Nextet
eq'uipment shelter
(1 O'x2Q') within fenced
area.
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Proposed 12' wide access end
utility easementSwith'non* .
. exclusive parking space.
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Proposed Nextel penel
antennas attached to existing
waler lank.
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12701 We"on Lane
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Notes:
INITIALS
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This Exhibii may'be Teplaced;Dy;a~lari~:-su-rV.ey o(t~e,P_remises once'it,is'received:by.Lessee.
SetbaCk oftne Premises from'the Lamts bqundaries shall be,thedistance required by the'applicable governmental
authorities. ~
Width of access road shall be,the width required by the applicable governmental authorities, including police and tin;"
departments.
The type, number and mounting positions and locations of antennas and transmission lines are illustrative only. Actual
types, numbers, and mounting positions may vary from what is shown above.
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ATTEST:
November?,2000