Memorandum of Disposition and Development Agreement 2010-0524563recording req:4ested by ) D O C # 201 - 0
C "'CAS° TITLE COMPANY - J I IIIIIIII III IIIII IIIII IIIII IIIII IIII! IIIII IIIII IIIII IIIII IIIII IIII IIII
AND WHEN RECORDED MAIL TO:
SEP 30, 2010 3 :59 PM
OFFICIAL RECORDS
Poway Redevelopment Agency SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L. BUTLER, COUNTY RECORDER
13325 Civic Center Drive FEES: 0.00
Poway, CA 92074 2 410 4 PAGES 6
Attn: Executive Director
I��III ��III ��II! ��III �III� III! ��lII ��III ��III ��III ��III ��III I�IlI ��lII 11111 1111 IN
No fee for recording pursuant to
Government Code Section 27383
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
MEMORANDUM OF DISPOSITION AND DEVELOPMENT AGREEMENT
(Matson Site)
THIS MEMORANDUM OF DISPOSITION AND DEVELOPMENT AGREEMENT
(the "Memorandum ") is made as of September 2010, by and between the Poway
Redevelopment Agency, a public body, corporate and politic (the "Agency ") and Pinnacle Realty
of California, LLC, a California limited liability corporation ( "Pinnacle ") to confirm that the
Agency and Pinnacle have entered into that certain Disposition and Development Agreement
dated as of August 17, 2010 (the " Disposition Agreement "). The Disposition Agreement
imposes certain conditions (including but not limited to, construction requirements, operating
and use restrictions and covenants, and transfer restrictions) on the real property described in
Exhibit A attached hereto and incorporated herein (the "Property "). The Disposition Agreement
is a public document and may be reviewed at the principal office of the Agency,
This Memorandum shall incorporate herein all of the terms and provisions of the
Disposition Agreement as though fully set forth herein. This Memorandum is solely for
recording purposes and shall not be construed to alter, modify, amend or supplement the
Disposition Agreement, of which this is a memorandum.
This Memorandum may be executed in multiple originals, each of which is deemed to be
an original, and may be signed in counterparts.
Remainder of Page Intentionally Left Blank
1552 \10 \869494.1
24105
IN WITNESS WHEREOF, the parties have caused this Memorandum to be duly
executed as of the date first above written.
AGENCY:
POWAY REDEVELOPMENT AGENCY, a public
body, co3pefat�e and politic
an
Its:
PINNACLE:
PINNACLE REALTY OF CALIFORNIA, LLC, a
California limited liability company
Name: Troy Duhon
Its:
[SIGNATURES MUST BE NOTARIZED]
1552 \10 \869494.1 2
24106
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO )
� 27 ZU� � Notary
_
O - I 1 w (, before me, / yL� S �}� l /r//� ,
Public, personally appe L IV141 Y V� f L e proved roved to me
on the basis of satisfactory evidence to be the personN whose name0o is /aX subscribed to the
within instrument and acknowledged to me that Wshe /they executed the same in Wher /tb'&
authorized capacity(i'00, and that byts/her /th* signature( on the instrument the person(, or
the entity upon behalf of which the person( acted, executed the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
PHYLLIS SHINN
Commission #E 1778898
•d Notary Public - California
= Son Diego County
Comm. Nov 9 2011
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
'�V
Notary Pu�i
'J
On , before me, , Notary
Public, personally appeared , who 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 the person(s) acted, executed the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Notary Public
1552 \10 \869494.1 3
n
24]07
IN WITNESS WHEREOF, the parties have caused this Memorandum to be duly
executed as of the date first above written.
AGENCY:
POWAY REDEVELOPMENT AGENCY, a public
body, corporate and politic
U
Its:
PINNACLE:
PINNACLE REALTY OF CALIFFO IA, LLC, a ;
California limited liabili(v come v
B
Name:
Its: dU��'
[SIGNATURES MUST BE NOTARIZED]
1552 \10 \869494.1 2
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On 20 10 before me, �✓ ,yYL C tS Notary
Public, personally appeared�!w ,-%UT � 'ST� c7 , who proved to me
on the basis of satisfactory evidence to be the person( whose name0o is /at subscribed to the
within instrument and acknowledged to me that he /she /they executed the same in his/* /th)k
authorized capacity(iq�), and that by his/l* /tl* signature( on the instrument the person(, or
the entity upon behalf of which the person( acted, executed the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
PHYLLIS SHINN
ComnUsslon # 1778898
`:. °+► Notary Public - California
Z ' Son Diego County
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
Notary Pu i
On , before me, , Notary
Public, personally appeared , who 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 the person(s) acted, executed the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Notary Public
1552 \10 \869494.1
24109
EXHIBIT "A"
Legal Description
Order No.: 73710000762
For APN /Parcel ID(s): 317 - 190-43 and 317 - 190-44
PARCEL A:
THE NORTH 1.35 OACRES OF THE WEST 4 ACRES OF THE NORTHEAST QUARTER OF THE
SOUTHEAST 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, ACCORDING TO THE OFFICIAL PLAT THEREOF.
EXCEPT THE NORTH 50 FEET.
ALSO EXCEPTING THAT PORTION CONVEYED TO THE CITY OF POWAY BY DEED RECORDED
OCTOBER 1, 1987, FILE NO. 87- 555826 OF OFFICIAL RECORDS.
PARCEL B:
PARCEL 1 OF PARCEL MAP NO. 15255 IN THE CITY OF POWAY, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF AS FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 6, 1988.
EXCEPTING OIL, GAS, HYDROCARBON SUBSTANCES AND MINERALS OF EVERY KIND AND
CHARACTER LYING MORE THAN 500 FEET BELOW THE SURFACE, TOGETHER WITH THE
RIGHT
TO DRILL INTO, THROUGH, AND TO USE AND OCCUPY ALL PARTS OF THE SITE LYING MORE
THAN 500 FEET BELOW THE SURFACE THEREOF FOR ANY AND ALL PURPOSES INCIDENTAL
TO
THE EXPLORATION FOR AND PRODUCTION OF OIL, GAS, HYDROCARBON SUBSTANCES OR
MINERAL FROM SAID SITE OR OTHER LANDS, BUT WITHOUT, HOWEVER, ANY RIGHT TO USE
EITHER THE SURFACE OF THE SITE OR ANY PORTION THEREOF WITHIN 500 FEET OF THE
SURFACE FOR ANY PURPOSES OR PURPOSES WHATSOEVER, OR TO USE THE SITE IN SUCH
A
MANNER AS TO CREATE A DISTURBANCE TO THE USE OR ENJOYMENT OF THE SITE.
PARCEL B -I:
AN EASEMENT FOR INGRESS AND EGRESS, OVER, ALONG AND ACROSS THAT PORTION OF
PARCEL 2 OF SAID PARCEL MAP NO. 15255, IN THE CITY OF POWAY, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, JUNE 6, 1988, DELINEATED AS "MUTUAL INGRESS AND EGRESS EASEMENT
RESERVED HEREON."
Exhibit Page - Commitment Legal
SSCORPD0286.doc / Updated: 06.08.10
Printed: 09.30. 10 @ 08:58AM
CA -CT- 7737 - 5821 - 73710000762