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Agreement 2000-0627349` RECORDING REQUESO jY ATTORNEY AND WHEN RECORDED MAIL TO J. Peter Olson; Esq. Harms=.- Caro ---n Sidell & Olson. 750 13 Street, Suite. 1500 San Diego. C:k 92101 -8122 MAIL TAX STATEMENTS TO THE ORIGINAL OF THIS DOCUMENT kW RECORDED ON NOV 17, 2000 DOCUMENT NNER'2000 -OQTN9 GREGORY J. SMITH, COUNTY RECORDER SAN DIEGO COUNTY RECORDER'S OFFICE TIME: 11:55 AM SPACE ABOVE IS FOR AGREEMENT USE THIS AGREEMENT is entered into by and between the CITY OF PI—IWAY ( "CITY") arid the TECH BUSINESS CENTER, LLC, a California limited li uility company (formerly known as TECH BUSINESS CENTER, a California general partnership) ( "TECH"). The CITY and TECH will collectively be referred to within this Agreement as the "Parties" RECITALS A. This Agreement affects that certain parcel which is legally described as set forth on Exhibit "A" which is attached hereto and made ,a part hereof, B. On March 14, 1994, there was recorded that certain document entitled "Agreement regarding ivlemorandum of Understanding" dated February 8, 1994, executed by and between the Parties, as Instrument/Fi No. 1994- 0163SSS of Official Records. AGREEMENT In consideration of the foregoing recitals and of the covenants and conditions set forth below, the Parties respectively agree as follows: -I- jam[. The above referenced Agreement regarding Memorandum of Understanding recorded March 14, 1994, as lnst =fnL =ire No. 1994- 016')SSS of Official Records, no longer affects and/or pertains to that certain parcel which is legally described as set forth on Exhibit "A ". The intent of this document upon recording is to remove the effect of the above described documents against the property as described in the attached Exhibit "A ". It is not intended to, and does not, affec LOA payments made by TECH and TECH sewer allocations regarding the same. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but such counterparts; when taken together, shall constitute but one agreement. Dated: S)epteniber 20, GuUU CITY OFPOWAY Dated: By^ly (,James L`1 Bowersox, City Manager � l TECH BUSINESS CENTER, LLC, a California limited liability company (formerly known as TECH BUSINESS CEN'T'ER, a California General Partnership) By Techbilt Construction Corp., a California Corporation, Managing Member Paul K. Tchang, President -2- The above referenced Agreement regarding Memorandum of Understanding recorded March 14, 1994, Instrument /Filz No. 1994 - 016 =SSS of Officiai Records; no ionger affects andior pertains to that parcel which is legally described as set forth on Exhibit "A ". The intent of this document upon recording is to remove the effect of the above described docmnents against the property as described in the attached Exhibit "A ". It is not intended to, and does not, affe, LOA payments made by TECH and TECH sewer allocations regarding the same. This Agreement may be executed in counterparts, each of which shall be deemed to be an ori ginal but such counterparts, when taken together, shall constitute but one a-greement. Dated: CITY OF POWAY IC Dated: September 25, 2000 TECH BUSINESS CENTER, LLC, a California limited liability company (formerly known as TECH BUSINESS CENTER, a California General Partnership) By Tee: vllt Constriction Corp., fi fvin _ Corporation, Managing Member _ By.,* Pau': K. Tchang, P.esi_ t ��S t A Ni E ft� •, • C y 1. LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, A2'Mu IS DESCRIBED AS FOLLOWS: PARCEL 4 OF CERTIFICATE OF COMPLIANCE BOUNDARY ADJUSTMENT NO. 99 -10, IN A DOCUMENT RECORDED NOVEMBER 3, 1999 AS FILE NO. 1999 - 0735323 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF LOTS 1 AND 2 OF SECTION 30, TOWNSHIP 14 SOUTH, RANGE 1 WEST, OF =1 SANT BERNARDINO BASE AND MERIDIAN, TOGETHER WITH PARCEL 2 OF PARCEL MAP NO. 16103, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER MAY 31, 1990 AS FILE NO. 90- 296630 OF OFFICIAL RECORDS, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID PORTION OF LOT 1 OF SECTION 30, COMMON WITH SECTION 25 OF TOWNSHIP 14, SOUTH, RANGE 1 WEST OF THE SAN BERNARDINO MERIDIAN; THENCE ALONG THE NORTHERLY LINE OF_ SAID PORTION OF LOT 1 OF SECTION 30 AND THEN ALONG THE SOUTHERLY LINE OF PARCEL 'B" OF CERTIFICATE OF COMPLIANCE AND BOUNDARY ADJUSTMENT NO. 96 -02 RECORDED SEPTEMBER 20, 1996 AS DOC. # 1996 - 0480626 OF OFFICIAL RECORDS, SOUTH 88 015131" EAST (RECORD: NORTH 88 °15'21" WEST, PER PARCEL MAP NO. 5750, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY. RECORDER MARCH 31, 1977 AS FILE NO. 77- 118268 OF OFFICIAL RECORDS, NORTH 88 015'43" WEST PER SAID MAP NO. 16103) 6.00 FEET TO THE SOUTHWESTERLY CORNER OF SAID PARCEL 'B "; THENCE CONTINUING ALONG SAID LINE, SOUTH 88 °15'31" EAST 1187.71 FEET TO THE NORTHWESTERLY CORNER OF SAID PARCEL 2 OF PARCEL MAP NO. 16103; THENCE CONTINUING ALONG SAID LINE, SOUTH 88 015'31" EAST 300.19 FEET TO THE NORTHEASTERLY CORNER OF SAID PARCEL 2; T=CE LEAVING SAID LIMB, ALONG THE EASTERLY LINE OF SAID PARCEL 2, CONIMON WITH PARCEL 1 OF SAID PARCEL MAP NO. 5750, SOUTH 00 °17'20" EAST, (RECORD NORTH 00 016'28" ''.'EST PER SAID PARCEL MAP NO. 5750; NORTH 00 °17'33" WEST, PER SAID PARCEL MAP NO. 16103) 667.75 FEET TO THE SOUTHEASTERLY CORNER OF SAID PARCEL 2, COMMON WITH PARCEL 1 OF SAID PARCEL, MAP NO. 16103; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 2 COMMON WITH SAID PARCEL 1; SOUTH 59 °47'48" WEST (RECORD NORTH 59 047'36" EAST PER SAID PARCEL MAP NO. 16103) 346.11 FEET TO THE MOST SOUTHERLY CORNER OF SAID PARCEL, 2; COMMON WITH SAID PARCEL 1; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 1 OFPARCEL MAP NO. 16103 AND ALONG THE EASTERLY LINE OF SAID PORTION OF LOTS 1 AND 2 OF SECTION 30, SOUTH 00 017'20' EAST (RECOP.D NORTH 00 017'33" WEST PER SAID PARCEL MAP NO. 16103) 485.00 FEET TO A POINT ON THE NORTHWESTERLY LINE OF THE RIGHT -OF -WAY OF BEELER CANYON ROAD PER CITY- RESOLUTION NO. 203562 RECORDED SEPTEMBER 14, 1971, AS DOC. NO. 207577, BOOK 1971 OF OFFICIAL RECORDS; THENCE ALONG SAID LINE SOUTH 700013'57" WEST 540.29 FEET (RECORD NORTH 78 013'45" EAST, PER SAID PARCEL MAP NO. 16103), THENCE SOUTH 63 °46'04" WEST (RECORD NORTH 63 °45'52" EAST PER SAID PARCEL VLAP NO. 16103)786.75 FEET TO A POINT ON THE WESTERLY LINE OF SAID PORTION OF LOT 2 OF SECTION 30; THENCE LEAVING SAID RIGHT OF WAY OF BEELER CANYON 'STnmeg� .•. • c 1 ROAD, ALONG THE WESTERLY LINE OF SAID PORTION OF LOT 2 AND THEN ALONG THE WESTERLY LINE OF SAID PORTION OF LOT 1 OF SECTION 30, COMMON WITH SAID SECTION 25; NORTH 01 °05'17 ".EAST (RECORD NORTH 01. 05'05" EAST PER SAID PARCEL MAP NO. 16103; NORTH 00 °04'54" EAST PER SAID PARCEL MAP NO. 5750) 1830.52 FEET TO THE POINT OF BEGINNING 0 STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) E On 3f ..QC — , 2000, before me, Notary Public, personally appeared _ , personally known to me (oT--prov.e1±to-mt on the -ha _ - _ _ .__ ___ et i e) to be the person whose name is subscribed to the within instrument and acknowledged to me that 0she executed the same in 9/her authorized capacity, and that brims, her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. SEAT, .-'/ - SHERRIE: D. WORREl Signature of Notary Commission # 1223093 �• Notary Public - California 'y Son Diego County My Corn m;_EPies Jun 30.2003 -3- STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) on September 26, 2000,beforeme, Susan E. Eubank ,Notary Public, personally appeared Paul K. Tchang , personally known to me (or proved to me on tHc basis of satisfactory evidence) to he the person whose name is` subscribed to the within instrument and acknowledged to me that he /she executed the same in his/her authorized, capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the- person acted, executed the instrument. WITNESS my hand and official seal. SUSAN E.;EUBANK G (] COMM. 1208548 O NOTARY PUBLIC- CALIFORNIA SAN DIEGO COUNTY 0 ,'Slgnature.of o COMM. EXP. FEB: 10, 2000 -' SEAL, -3-