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HomeMy WebLinkAbout; City of Carlsbad; 2004-1109048; Lease Related Agreementc DOC # 2004-1 109048 THIS SPACE FOR RE(;: NOV 23.2004 9:13 AM UFFlClAL RECORDS SAN DIEGO COUNT'i' RECURDER'S OFFICE GEEGORYJ. SMITH, COUNTY RECORDER FEES 0 00 PAGES 6 111111 Ill11 Ulll llill11111U11111111 Ill11 1111 Hlll1111 Illll111111111 HI1 111 (Please fill in document title(s) on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 9/95 Rec.Form #R25 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Carlsbad City Clerks Office 1200 Carlsbad Village Drive Carlsbad, CA 92008 ABSTRACT OF LEASE This Abstract of Lease , hereinafter “Abstract”, dated Auqust 4 2004, between the CITY OF CARLSBAD, Lessor and CALLAWAY GOLF COMPANY, Lessee, concerning the Leased Premises described in Exhibits “A and “B”, attached hereto and by this reference made a part herof. For good and adequate consideration, Lessor leases the Leased Premises to Lessee, and 2004, the Abstract of which is recored by the San Diego County Recorder’s Lessee hires for them from Lessor, for the term and on the provisions contained in the Lease dated Office as Document No. S& A R/! tic: prohibiting assignment, subleasing, and encumbering said leasehold without the express written consent of Lessor in each instance, all as more specifically set forth in said Lease, which said lease is incorporated in this Abstract by this reference. Auqust 4 , including without limitation provisions The term of this lease is ten (IO) years plus two (2) options of five (5) years, beginning August 1, 2004, and ending July 31, 2014. This Abstract is not a complete summary of the Lease. Provisions in this Abstract shall not be used in interpreting the Lease provisions. In the event of conflict between this Abstract and other parts of the Lease, the other parts shall control. Execution hereof constitutes execution of the Lease itself. IN WITNESS WHEREOF, each of the undersigned has executed this Abstract as of the dates set forth in the respective notary acknowledgements attached hereto. Executed at: Carlsbad, Califoria Executed at: Carlsbad, California on: Auqust 4, 2004 By LESSOR: City of Carlsbad Ronald A. Drapeau, CEO By: Name Printed: Name Printed: Claude A. Lewis Title: Title: Mavor. Citv of Carlsbad Address: 1200 Carlsbad Villaae Drive By: Carlsbad, CA 92008 Name Printed: Title: Facsimile: 1760) 720-9461 Address: Telephone: 1760 ) 434-2821 Telephone: ( ) Facsimile: ( ) Federal ID No. Initials b@ PAGE 24 STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) I , personally known to me personally appeared (or Droved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare On rl \w% 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. WITNESS my hand and official seal. Signature YyWKAQmi U Initials @ PAGE 26 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT do04 before me,%dhlA %CK Publc'c , Name and Title of Officer (e g , "Jane Doe, Notaly Public") personally appeared I Name@) of Sgner(s) executed the instrument. WITNESS my hand and official seal. Signature of Notary Public Though the rnfonnation below IS not required by law, It may prove valuable to persons relymg 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: fibs-'h& O$ LmSG Document Date: J&A c! q, Number of Pages: 2 Capacity(ies) Claimed by Signer@) Signer's Name: &D &.mkm 0 Individual &Corporate Officer 0 Partner - Limited 0 General 0 Guardian or Conservator Signer's Name: 0 Individual 0 Corporate Officer Title@): 0 Partner - Limited 0 General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: 10 1994 Natlonal Notaly Association 8236 Rernrnet Ave., P.O. Box 71 84 * Cancga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 EXHIBIT "A" LEGAL DESCRIPTION FOR LEASE PARCEL BEING A PORTION OF LOT 69 OF CARLSBAD TRACT NO. 81-46, UNIT NO. 3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11289 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 16,1985, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTHEASTERLY BOUNDARY LINE OF SAID LOT 69, DISTANT THEREON, 65.50 FEET FROM THE MOST NORTHEASTERLY CORNER THEREOF, THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY BOUNDARY LiNE, S.32'04'25'W. 374.77 FEET TO THE INTERSECTION WITH THE NORTHEASTERLY SIDELINE OF AN EXISTING EASEMENT, 20.00 FEET IN WIDTH IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY FOR THE RIGHT AND PRIVILEGE TO TRIM TREES OUTSIDE OF THE 100.00 FOOT WIDE EXISTING EASEMENT FOR ELECTRICAL POWER TRANSMISSION PER DOCUMENT NO. 49242, RECORDED APRIL 15,1954, IN BOOK 5205 AT PAGE 419 OF OFFICIAL RECORDS; THENCE NORTHWESTERLY ALONG SAID NORTHEASTERLY EASEMENT SIDELINE, N.47'28'18'W. 140.00 FEET; THENCE DEPARTING SAID NORTHEASTERLY EASEMENT SIDELINE, N.38"35'43" E. 182.04 FEET TO AN ANGLE POINT; THENCE N.43"23'01" E. 86.68 FEET TO AN ANGLE POINT; THENCE S.65'34'01" E. 41.37 FEET TO AN ANGLE POINT; THENCE N.69"10'40" E. 97.80 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 0.843 ACRE. (36,740 SQUARE FEET) I EXHIBIT "B" LEGAL DESCRIPTION PLAT - I 'c U U U POINT OF BEGINNING NORTHEASTERLY LINE / OF 20' WIDE S.D.G.E. EASEMENT MOST NORTHEASTERLY 'CORNER LOT 69 PALOMAR PALOMAR AIPPORT~ ROAD VICINITY MAP NO SCALE PbD CONSUL TANTS, INC' 8954 RIO SAN DIEGO DRIM, SUITE 670 SAN DIEGO, CALIFORNIA 92708 PffONE (679) 297- 7475 FAX: (679) 297- 7476