Loading...
Memorandum of Disposition and Development Agreement 2012-0056365�J HeCording requested by, 1 CHICAGO TITLE COMPANY a� AND WHEN RECORDED MAIL TO: City of Poway 13325 Civic Center Drive Poway, CA 92064 2 4 610 Attn: City Manager No fee for recording pursuant to Government Code Section 27383 DOC It 2012- 0056365 JAN 81, 2012 4:08 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES: 10 ACE ABOVE THIS LINE FOR RECORDER'S USE) MEMORANDUM OF DISPOSITION AND DEVELOPMENT AGREEMENT THIS MEMORANDUM OF DISPOSITION AND DEVELOPMENT AGREEMENT (the "Memorandum ") is made as of 2012, by and between the City of Poway, a municipal corporation (the "City ") and Pinnacle Realty of California, LLC, a California limited liability corporation ( "Pinnacle "): The Poway Redevelopment Agency, a public body, corporate and politic (the "Agency ") and Pinnacle entered into that certain Disposition and Development Agreement dated as of August 17, 2010 (the " Disposition Agreement "). Subsequent to its execution, the Disposition Agreement was assigned to the City pursuant to that certain Assignment and Assumption Agreement executed by and between the City and the Agency dated as of March 11, 2011 (the "City /Agency Assignment "). 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 "New Toyota Site "). The Disposition Agreement is a public document and may be reviewed at the office of the City Clerk. 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 24.,81 IN WITNESS WHEREOF, the parties have caused this Memorandum to be duly executed as of the date first above written. CITY: CITY OF POWAY, a municipal corporation IIn PINNA PINNACLE REALTY OF CALIFORNIA, LLC, a California limited liability company am Troy Duhon, Manager [SIGNATURES MUST BE NOTARIZED] 2 STATE OF CALIFORNIA COUNTY OF4�JI Ey O On &Rt Zi 7, Z® I Z , before me, 24632 L�ls �lflN�/ _ , Notary Public, personally appeared Wl / L E , who proved to me on the basis of satisfactory evidence to be the person whose name( is/ subscribed to the within instrument and acknowledged to me that she /t* executed the same in bk/her /t(r authorized capacity(*), and that by (her /tr 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 i 1956215 '+ Notary Public - California Z San Diego County + M Comm. Expires Nov 9, 2015 Notary Povic STATE OF CALIFORNIA COUNTY OF 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 l oQ IN WITNESS WHEREOF, the parties have caused this Memorandum to be duly executed as of the date first above written. LESSOR: CITY OF POWAY, a municipal corporation Penny Riley, City Manager LESSEE: PINNACLE REALTY OF CALIFORNIA, LLC, a California limited liability company By: Troy Duhon, Uan ag [SIGNATURES MUST BE NOTARIZED] 2 24634 STATE OF CALIFORNIA COUNTY OF 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. / t �-(7 tA-t -5 T TATE QF -- 1-8"M On Notary Public Public, personally appea &d j , who proved to me on the basis of satisfactory evidence to be the erson(s ) w ose 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. l.�urs�gn2.. I certify UNDER PENALTY OF PERJURY under the laws of the State of Co featia that the foregoing paragraph is true and correct. hand and official seal. /YX y L.a✓111rA��S1d 24635 NOTARY SEAL CERTIFI T (Government Code 27361.7) I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Name of the Notary: I A , St. Commission Number: Yi I Date Commission Expires: In In , ( _ r\ r, ,1 _ _ . County Where Bond is Filed: Manufacturer or Vendor Number: Signature: ! , (Located on botH sides of the notary seal border) Firm Name (if appitcabie) CHICAGO TITLE COMPANY Place of Execution: San Dias o Date: ReC. -= -)rm -IR�O.1 ,Rev 6i'11/03? TRUE COPY CERTIFICATION (Government Code 27361.7) San Diego Place of Execution I certify under penalty of perjury that this material is a true copy of the original material contained in this document. / / Date Rec. Forth #R9.1 (6- 11.03) Signature of Declarant CPO CH1CA0 ©TITLE COMPANY Type or Print Name ACKNOWLEDGMENT bo u 16 ion a�L State of Pa rf- 6ernhy'of Ir� On before me, 24637 (insert name and title of the officer) 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- Gaiifoxnia that the foregoing paragraph is true and correct. [DU 15 WITNESS my hand and official seal. Signature _ (Seal) EXHIBIT A LEGAL DESCRIPTION OF CITY SITE The land is situated in the City of Poway, County of San Diego, State of California, and is described as follows: The City's fee interest and Pinnacle's leasehold interest in the following parcels: Parcel A: Parcel 2, in the City of Poway, County of San Diego, State of California, as shown at Page 15255 of Parcel Maps, filed in the office of the County Recorder of San Diego County, June 6, 1988. Parcel B: An easement for ingress and egress, over, along, and across that portion of Parcel 1 in the City of Poway, County of San Diego, State of California, as shown at Page 15255 of Parcel Maps, filed in the Office of the County Recorder of San Diego County, June 6, 1988, delineated as "mutual ingress and egress easement reserved hereon" on said Parcel Map 15255. Assessor's Parcel No: 317 -190 -21/45 [Legal Description Continued on Next Page] A -1 Pinnacle's fee interest imthe _ parcels: ��u������ °������� For ApN/Pmrce||oiwV: 3Y���m������v�������__.... --_ _- -_ ..... _-' ..... __ PARCELA: THENORTH 1,35 OACRES OF THE WEST 4 ACRES OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OFSECTION 13, TOWNSHIP |4 SOUTH, RANGE 2 WEST, SAN BERNARD|NO MERIDIAN, |N THE CITY C>FP{WAY. COUNTY (]F SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TOTHE OFFICIAL PLAT THEREOF. EXCEPT THE NORTH 5DFEET. ALSO EXCEPTING THAT PORTION CONVEYED TO THE CITY OF POVVAYBY DEED RECORDED OCTOBER 1, 1987. FILE NO. B7'55582UOF OFFICIAL RECORDS. PARCELB: PARCEL 1OF PARCEL MAP NO. 15255|N THE CITY OFPOVVAY. COUNTY DFSAN D|EGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF AS FILED |N THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUmTY, JUNE 6,1988, EXCEPTING OIL, GAS, HYDROCARBON SUBSTANCES AND MINERALS DF EVERY KIND AND CHARACTER LYING MORE THAN 5OO FEET BELOW THE SURFACE, TOGETHER WITH THE RIGHT TD 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 QF OIL, GAS, HYDROCARBON SUBSTANCES DR MINERAL FROM SAID SITE OR OTHER LANDS, BUT WITHOUT, HOWEVER, ANY RIGHT T3USE EITHER THE SURFACE OF THE SITE OR ANY PORTION THEREOF WITHIN 5DO FEET OFTHE SURFACE FOR ANY PURPOSES OR PURPOSES WHATSOEVER, ORTQ USE THE SITE |N SUCH A MANNER ADTO CREATE A DISTURBANCE TO THE USE OR ENJOYMENT OF THE SITE. PARCEL B-1: AN EASEMENT FOR INGRESS AND EGRESS, OVER, ALONG AND ACROSS THAT PORTION Df PARCEL 2OF SAID PARCEL MAP NO. 15255.|N THE CITY OFPOVVAY' COUNTY OFSAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE 0F THE COUNTY RECORDER OFSAN DIEGO COUNTY. JUNE 6.1988' DELINEATED A8"MUTUAL INGRESS AND EGRESS EASEMENT RESERVED HEREON "