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Home My WebLink About; City of Carlsbad; 2004-0538036; Lease Related AgreementP Li RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: CITY OF CARLSBAD Attn: Jane Mobaldi, Esq. 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 SHORT FORM MEMORANDUM OF LEASE This Short Form memorandum of Lease (herein, “Memorandum”), dated as of February 1 , 2004, for reference purposes only, is executed by and among the City of Carlsbad, a municipal corporation (“landlord”) and Carlsbad Municipal Water District (“Tenant”), a municipal corporation. The foregoing may be referred to collectively herein as the “Parties” and individually as a “Party”. The Parties previously executed that certain “Lease” of even date herewith which provides for, among other things, Landlord leasing to Tenant and Tenant leasing from Landlord an approximate 9-acre portion of that certain real property located in Carlsbad, California. The legal description for which is detailed in Exhibit A and incorporated by reference (herein, the “Property”). The term of the Lease shall be for 50 (fifty) years commencing on or about February 1 , 2004, on the terms and conditions more specifically set forth in the Lease. The Lease contains no options or rights to renew or to extend the term thereof past its stated expiration date. This Memorandum is being executed and recorded to place all parties dealing in any manner with respect to the Property, Landlord and/or Tenant upon notice of the existence of the Lease, including, without limitation, all rights, obligations and duties of the respective Parties thereunder. This Memorandum is for notice purposes only and shall not supersede, amend, modify, limit, interpret, invalidate or otherwise affect any of the terms, provisions, covenants or conditions of the Lease in any respect or manner whatsoever. In the event of any conflict or inconsistency between the terms, provisions, covenants and conditions hereof and the terms, provisions, covenants and conditions of the Lease, the latter shall exclusively control for all purposes. All of the terms, provisions, covenants and conditions contained in the Lease shall be binding upon all persons and entities which h at any time acquire, receive or hold any interest of any kind in the Property, Landlord and/or Tenant by an means whatsoever. IN WITNESS WHEREOF, each of the undersigned has executed this Memorandum as of the dates set forth in the respective notary acknowledgments attached hereto. “LANDLORD” CITY OF CARLSBAD, a municipal corporation Ra$nond R. Patchett City Manager “TENANT” CARLSBAD MUNICIPAL WATER DISTRICT LV Its: President APPROVED AS TO FORM: RONALD R. BALL, City Attorney n EXHIBIT A PARCEL "B" LEGAL DESCRlPTlON THAT PORTION OF SECTION 20, TOWNSHIP IZSOUTH, RANGE 4 WEST, SAN BERNARDMO BASE AND MERIDIAN, ACCORDING TO OFFICLAL PLAT THEREOF AND THAT PORTION OF LA COSTA DOWNS UNIT NO. 1, ACCORDING TO MAP THEREOF NO. 2013, FILED lN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 26,1927, DESCRLEED IN DEED TO THE CITY OF CARLSBAD, A DECEMBER 2 1,1995 OF OFFICIAL RECORDS, ALL IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORMA, MORE PARTICULARLY DESCRIBED As FOLLOWS: MUNICIPAL CORPORATION, AS DOCUMENT NO. 1995-058 1624, RECORDED BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAID SECTION 20 WITH THE EASTERLY LINE OF THE 200.00 FOOT RIGHT OF WAY OF THE SANTA RAILROAD, AS SHOWN ON SAlD MAP NO. 2013; "ENCE ALONG THE SOUTH LINE OF SAID LA COSTA DOWNS UNIT NO. 1, SOUTH 8901 8'2 1" EAST (SOUTH 8902 1 ' EAST PER SAID DEED TO THE CITY OF CARLSBAD, NORTH 89"58'20" EAST PER SAID MAP NO. 2013) 1236.50 FEET TO THE SOUTHWEST CORNER OF LAND DESCRIBED IN DEED TO THE STATE OF CALIFOW RECORDED FEBRUARY 16,1966 AS FILE NO. 27424 OF OFFICIAL RECORDS; THENCE ALONG THE WESTERLY LINE OF SAID LAND, NORTH 26'06'55'' WEST 1463.09 FEET (NORTH 26"lO' WEST 1462.07 FEET PER SAID DEED TO THE CITY OF CARLSBAD) TO AN ANGLE POINT, THENCE C0NTI"G ALONG WESTERLY LINE NORTH 28'58'16'' WEST 300.44 FEET (NORTH 29001'45 WEST 300.38 FEET PER SAID DEED TO THE CITY OF CARLSBAD) TO AN ANGLE POINT; WCE CONTINUING ALONG WESTERLY LINE NORTH 27" 13'09' WEST 85.02 FEET (NORTH 27'14'24" WEST 85.05 PER SAID DEED TO THE CITY OF CARLSBAD) TO THE MOST EASTERLY CORNER OF THE LAND DESCRIBED AS PARCEL. "B" IN F"AL ORDER OF CONDEMNATION IN SUPERIOR COURT CASE NO. 25812, A COPY OF WHICH WAS FILED LN THE OFFICE OF THE COUNTY RECORDEROF SAN DIEGO COUNTY, MARCH 15,1968 AS FILE NO. 44080 OF OFFICIAL RECORDS; THENCE ALONG "E SOUTHEAST LINE OF SAID PARCEL "B", AS FOLLOWS: SOUTH 61'52'08"WEST 292.79 FEET(SOUTH61°51'W WEST292.78 FEETPER SAID DEED TO THE CITY OF CARLSBAD) TO THE EASTERLY TERMNUS OF THAT 60.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY IN THE NORTHERLY LINE OF LA LOMA BOULEVARD, AS SHOWN ON SAID MAP NO. 2013; TIENCE WESTERLY AND SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 57035'50" A DISTANCE OF 60.32 FEET (57005'50" A DISTANCE OF 60.31 FEET PER SAID DEED TO THE CITY OF CARLSBAD) THENCE CONTINUING ALONG SAID SOUTHEAST LINE SOUTH 6 1 '52'08,' WEST (SOUTH 6 1'5 1 '00" WEST PER SAID DEED TO THE CITY OF CARLSBAD) 26.40 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING Sheet 2 of#3 SA[D SOUTHEAST LME SOUTH 28°07'52.. EAST 630.38 FEET; THENCE SOUTH 61"52'08" WEST 670. IS FEET TO SAID EASTERLY LINE OF SAID 200.00 FOOT RIGHT OF WAY OF THE SANTA FE RAILROAD; THENCE NORTHERLY ALONG SAID EASTERLY LME NORTH 20022'43" WEST (NORTH 21°06s40" WEST PER SAID DEED TO THE CITY OF CARLSBAD) 103.93 FEET TO THE BEGINNDIG OF A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 5629.65 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF ZoOO'Oo" A DISTANCE OF 196.5 t FEET (2~00900~~ A DISTANCE OF 196.5 1 FEET PER SAID DEED TO THE CITY OF CARLSBAD) THENCE CONTINUING NORTHERLY TANGENT TO SAID CURVE ALONG SAID EASTERLY LINE NORTH 18O22'43" WEST 224.25 FEET (NORTH 19006'40'' WEST 224.19 FEET PER SAID DEED TO THE CITY OF CARLSBAD) TO THE MOST WESTERLY CORNJ3t OF LOT 19, BLOCK 21, ACCORDING TO SAID MAP NO. 2013; THENCE CONTINUING NORTHWESTERLY NORTH 18"22'43" WEST (NORTH 18-4'3 5" WEST PER SAID DEED TO THE CITY OF CARLSBAD AS DESCRIBED Dl SAID PARCEL "B") 113.82 FEET TO THE INTERSECTION OF "E PROLONGATION OF SAID SOUTHEAST LINE OF SAID PARCEL "s"; THENCE NORTHEASTERLY ALONG SAID PROLONGATED LINE NORTH 6 1 '52'08" EAST (NORTH 6 1 OS 1 '00" EAST PER SAID DEED TO THE CITY OF CARLSBAD) 110.82 FEET TO A LJNE WHICH BEARS NORTH 18'12'09'' WEST (NORTH 18'24'35" WEST PER SAID DEED TO THE CITY OF CARLSBAD).FROM AN ANGLE POINT IN THE NORTHERLY LINE OF SAN LUIS BOULEVARD AS SHOWN ON SAID MAP NO. 2013, SAID AIUGE POINT BEING THE WESTERLY TERMINUS OF THAT LINE HAVING A BEARING OF 'WORTH 89O58'20" EAST" AND DESCRIBED IN SAID DEED TO THE CITY OF CAIUSBAD, THENCE CONTINUING NORTHEASTERLY ALONG SAID SOUTHEAST LINE OF SAD PARCEL "B" NORTH 61'52'08'' EAST (NORTH 61'51'00" EAST PER SAID DEED TO THECITY OF CARLSBAD) 458. I5 FEET TO TME TRUE POI" OF BEGINNING. -1-.. ___ AREA = 392038.17SQ. FT. 9.000 ACRES MORE OR LESS n PLS4611 EXPRATION 9-30-02 DATE: 2-20-01 M 2086 Encina South Parcel Feet CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of -3tIid } ss. 'b/F&O L- On 5- /4- 0 , before me, .z~&~ Name and Td,,,.Tf) dLsed , Title of Ofhcer (e 9, 'Jane Do& Notary Public") Date em- Name@) of Signer(;) personally appeared fibhofJ'3 tb fb7-U Place Notary Seal Above $personally known to me 0 proved to me on the basis of satisfactory evidence to be the person& whose nameh is/= subscribed to the within instrument and acknowledged to me that he/sheftbq executed the same in his/- authorized capacity@+, and that by hisllwlkif signaturekon the instrument the persod$& or the entity upon behalf of which the personw acted, executed the instrument. WITNESS mv hand and official seal. 0 PTIO NA L Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: le OL AI ef LL A#&= n.:C.M /L E/1 hN3IA Document Date: B.&&k\/ ( &?I;+ c Number of Pages: c 5 Signer(s) Other Than Named Above' CLAUD6 4, L&rS; f?OF3&LS) E, PALL Capacity(ies) Claimed by Signer 0 Individual 0 Partner - CI Limited 0 General C Attorney in Fact 17 Trustee 0 Guardian or Conservator 0 Other: Signer's Name: C/lT\J /t! ANflCf v ?% Corporate Officer - Titie(s): C-l TY ${hAf&-& 1 Signer Is Representing: 6. I ,*ry . . @b -&3 0 1997 National Notary Assoclation - 9350 De Solo Ave., P.O. Box 2402 * Chatsworth. CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } ss. County of SIITld 3lEA-O - --o+ , before me, f sAhI=;A-( Wi'Th PAMiSelu , Name and Title of Ofticer (e g', "jane Doe. Notary Public") On 5/14 Date 11s Name@) of Signer@) personally appeared iAuDfi A. Lt3 personally known to me 5 proved to me on the basis of satisfactory evidence to be the personk whose nameM is/- subscribed to the within instrument and acknowledged to me that he/ey executed the same in his/Mr authorized capacityfies), and that by hisMerfttreir signaturew on the instrument the person?, or the entity upon behalf of which the personh acted, executed the instrument. Place Notary Seal Above WITNESS my hand and official seal. I\ OPT10 NA L Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: 5 ktLlC7- 6LM /Li G!Mo&IIzrnL1.u OF e A.SE Document Date: ?%h%f fiLf f . 2 0 0 6 Number of Pages: 3- Signer(s) Other Than Named Above: r 2 Individual Partner - Limited 0 General 0 Attorney in Fact Trustee ?. 0 Guardian or Conservator 0 Other: Corporate Officer - Title(s): fk-~~i DEIV*/ >. &j -/@-C f; 0 1997 National Notary Association - 9350 De Soto Ave.. P.O. Box 2402 - Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827