Memorandum of Agreement 2001-0787262 + DOC" # 2001-0787262
OCT 30 , 2001 2 : 15 PM
RECORDING REQUESTED BY OFFICIAL RECORDS
AND WHEN RECORDED MAIL TO: DIEGO COUNTY RECORDER'S OFFICE
SAN Nextel Communications GREGORY J. SMITH, COUNTY RECORDER
310 Commerce FEES: 29.00
Irvine,CA 92602-1300 OC: NA
f7; Attn.:Property Management—n IA*4%
C j f MEMORANDUM OF AGREEMENT
THIS MEMORANDUM OF AGREEMENT is made and entered into this 24thday of OCtobec 2000
1"0 I THIS
by and between the CITY OF POWAY("Lessor")and NEXTEL OF CALIFORNIA, INC., a Delaware corporation,
A,,; .I d/b/a Nextel Communications("Lessee").
() d) t'\ WITNESSETH:
That Lessor hereby leases to Lessee and Lessee hereby leases from Lessor a portion of that certain real
property in the State of California, County of San Diego, City of Poway, a legal description of which is shown on
Exhibit A attached hereto and incorporated herein by reference (the"Land"), under the terms and conditions of an
unrecorded Communications Site Lease Agreement between Lessor and Lessee dated October 24 , 2000,
and incorporated herein by reference (the "Agreement"), for a term of five (5) years, and three (3) subsequent
optional renewal terms of five (5) years each with a commencement date of no later than October 24, 2,00b
, pursuant to the terms of the Agreement. The portion of the Land leased by Lessor to Lessee is that portion
depicted on Exhibit 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 therein and also as
shown on Exhibit B. Any future lease of the Land which permits the installation of communications equipment
shall be conditioned upon not interfering with Lessee's operation of the "Lessee Facilities" (as that term is defined
in the Agreement). 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 for the purpose of recordation to give notice of the
Agreement and shall not constitute an amendment to or modification of the Agreement.
IN WITNESS WHEREOF,the parties hereto have executed this Memorandum of Agreement as of the day
and year written above.
LESSOR: LESSEE:
CITY OF POWAY i NEXTEL OF CALIFORNIA,INC.,a
/ Delaware corporation,d/b/a Nextel
--� ' '
�/ Communications ,
By By °. �. :,L1\,_
y:
Michael '. Cafagna Colin E. Holland
Title: Pia�'C r Title: Area VP of Fnpineer410 RE( parations
By: .---
Title: ---
STATE OF ( `f ii ct I"'11,4,‘,—
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COUNTY OF ( r)k ;I.G c- t7:Y; G.—
On t Itr , `L , before me, ._12i'� -: Ltv
, Notary Public, personally
appeared 'r w , G: . °t:-;)c':,.ci , personally known to me (or 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/shelthey
executed the same in his/her/their authorized capacit(ies),and that by his/her/their signature(s)-on the instrument,the person(s),
or the entity upon behalf of which the persons)acted,executed the instrument.
WITNESSyy hand and official seal. USA Si 1.Bi
_ >i` Commission*1274101
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On , before me, `°m.
, Notary Public, personally
appeared , personally known to me (or proved tp me on the basis of satisfactory
evidence)to be the person(s)whose~rtame(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they
t:\sitedev\leasing\leases\sitesLA \CA \moa.doc 1 10/25/00
• — MKT: SAN DIEGO
law
SITE#:CA6-976a
LT'E 1VAME:DANIELSON
executed the same in his/her/their authorized capacit(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. 7
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WITNESS my hand official seal.
Z (SEAL)
Notary Public
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
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ame(s)of Signer(s) ' 4.
"f90i personally known to me-OR�-•-&-{aroared-t®-tape-en-the-basis-of-selisfaotory-evieler ee~to be the person(sof }
whose name ) are subscribed to the within instrument
and acknowledged to me that she/tlaey executed the
. SHERRIE D.WORRELL
,� . 22 3 same inthjj/her/their authorized capacity(iesr),and that by 0
Commission# 1
i ' ';?i Notary Public-California r/theirsignature( on the instrument the persons), +
``rte% San Diego County or the entity upon behalf of which the person(e) acted, 0
My COMM.E iEsJun30,2CO3 executed the instrument.
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WITNESS my hand and official seal
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NSignature of Notary Public
OPTIONAL "1 L
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent 0
ill
.kkl fraudulent removal and reattachment of this form to another document. )
Description of Attached Document
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Title or Type of Document: Yi fr fiena,/i) . ?}'1 tie r ti
dam, / l / /
Document Date: �, �1`�0� i` ) Number of Pages:
Signer(s) Other Than Named Above: (.;) i lI C . /it I'!/t i`1 Q-1
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KN Capacity(ies) Claimed by Signer(s) 0
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❑ Individual ❑ Individual
0 ❑ Corporate Officer El Corporate Officer
0 Title(s ): Title(s):
❑ Partner—C7 Limited ❑ General ❑ Partner—O Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee
❑ Guardian or Conservator RIGHT THUMBPRINT RIGHT THUMBPRINT
SOF SIGNER ❑ Guardian or Conservator OF SIGNER
1 ❑ Other: Top of thumb here ❑ Other: Top of thumb here
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NSigner Is Representing:Nk 9 P g Signer Is Representing:
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C 1994 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827
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.111.0 ••••, MKT: SAN DIEGO
SITE#: CA6-976a
SITE NAME:DANIELSON
EXHIBIT A
DESCRIPTION OF LAND
to the Agreement dated October 24 , 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 Land is described and/or depicted as follows:
LEGAL DESCRIPTION
THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 18003 IN THE CITY OF
POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 31, 1998,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHEASTERLY CORNER OF SAID PARCEL 1;
THENCE NORTHERLY ALONG THE EASTERLY BOUNDARY OF SAID PARCEL 1
NORTH 01° 31' 13"EAST, 124.56 FEET; THENCE CONTINUING ALONG SAID
EASTERLY BOUNDARY NORTH 1° 33' 14" EAST, 591.39 FEET; THENCE LEAVING
SAID EASTERLY BOUNDARY NORTH 88° 26'46"WEST, 211.00 FEET; THENCE
SOUTH 07° 15'42"WEST, 573.05 FEET TO AN ANGLE POINT ON THE
SOUTHWESTERLY BOUNDARY OF SAID PARCEL 1; THENCE ALONG SAID
SOUTHWESTERLY BOUNDARY SOUTH 49° 11'00" EAST, 134.94 FEET; THENCE
CONTINUING ALONG SAID SOUTHWESTERLY BOUNDARY, SOUTH 68° 12'00"
EAST, 174.36 FEET TO THE POINT OF BEGINNING.
LEGAL DESCRIPTION
THAT PORTION OF THE EAST ONE HALF OF THE EAST ONE HALF OF SECTION
19, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE
CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
COMMENCING AT THE COMMON EAST SIXTEENTH CORNER OF SECTION 18
AND SAID SECTION 19, TOWNSHIP 14 SOUTH , RANGE 1 WEST, SAN
BERNARDINO MERIDIAN, SAID POINT BEING ALSO THE NORTHEAST CORNER
(7rOIT "OF POWAY TRACT 87-13, UNIT.2..MAe NQ 1 !' E !UTHERLY
ALONG THE WESTERLY LINE OF THE EAST ONE HALF OF ` y •
OF SAID SECTION 19 AND THE EASTERLY LINE OF SAID MAP NO. 13410, SOUTH
01° 28' 09"WEST, 1338.79 FEET TO THE NORTHEAST CORNER OF PARCEL 1 OF
PARCEL MAP NO. 18003; THENCE CONTINUING ALONG SAID WESTERLY LINE
OF THE EAST ONE HALF OF THE EAST ONE HALF OF SAID SECTION 19 AND
THE EASTERLY LINE OF SAID PARCEL 1 SOUTH 01° 33' 14"WEST. 836.26 FEET
TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SOUTH 01°
33' 14" WEST, 313.56 FEET; THENCE LEAVING SAID WESTERLY LINE OF THE
EAST ONE HALF OF THE EAST ONE HALF OF SAID SECTION 19 AND THE
EASTERLY LINE OF SAID PARCEL 1 SOUTH 88° 26'46" EAST, 100.00 FEET;
THENCE NORTH 01° 33' 14" EAST, 313.56 FEET; THENCE NORTH 88° 26'46"
WEST, 100.00 FEET TO THE TRUE POINT OF BEGINNING.
NITIALS
APN: 323-491-03, 323-091-01 z
More commonly known as: 14350 Danielson Street, Poway, CA 92145
19
ATTEST: ,,lr
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MKT: SAN DIEGO
Naor
SITE#:CA6-976a
SITE NAME: DANIELSON
EXHIBIT B
DESCRIPTION OF PREMISES
to the Agreement dated October 24 , 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 described and/or depicted as follows:
Project ID: CA6976 Project Name: Danielson Candidate ID: A
Address : 14350 Danielson St.
IN
•
1----Existing Fenced Compound
Existing 43'Water Tank
�.r Prop.Nextel 10'x 20'shelter
Prop.Nextel Ants
Existing 12'wide Access Road
N!3 TIAE
ATTEST:
Notes:
1. This Exhibit may be replaced by a land survey of the Premises once it is received by Lessee.
2. Setback of the Premises from the Land's boundaries shall be the distance required by the applicable governmental
authorities.
3. Width of access road shall be the width required by the applicable governmental authorities,including police and fire
departments.
4. 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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