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HomeMy WebLinkAbout; Matteson Greenhouses; 2005-0382008; Lease Related AgreementnnC # 2005-0382008 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Carlsbad City Clerks Office 1200 Carlsbad Village Drive Carlsbad, CA 92008 MAY 05,2005 459 PM U FFlClAL RECUR DS SAN DlEGU CIIUFITY RECUHDER'S OFFICE GREGOR'YJ 'JMITH, 0 00 COUNTY RECUHDER FEES NA 4 O 1: PAGES I IUIll Hlll HIII 1111 Hlll Hlll UIII 1111 11\ll11111111 UIII 1111 1111 11\11 1111 This is a benefit to the City of Carlsbad This Memorandum of Lease, hereinafter "Memorandum," dated May 1, 2005, between CITY OF CARLSBAD, Lessor, and Matteson Greenhouses, Lessee, concerning the Leased Premises depicted in Exhibit "A" attached hereto and by this reference made a part hereof. For good and adequate consideration, Lessor leases the Leased Premises to Lessee, and Lessee hires them from Lessor, for the term and on the provisions contained in the Lease dated May 1, 2005, including without limitation provisions 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 Memorandum by this reference. The term of the Lease is three (3) years, beginning May 1, 2005, and ending April 30, 2008, with two (2) one (1) year options to extend. This Memorandum is not a complete summary of the Lease. Provisions in this Memorandum shall not be used in interpreting the Lease provisions. In the event of conflict between this Memorandum and other parts of the Lease, the other parts shall control. Execution hereof constitutes execution of the Lease itself. \ City At orney CITY OF CARLSBAD, CALIFWNIA RAYMOND R. PATCHETT, City Manager BY Title: fitle Matteson Greenhouses Agricultural Lease Three (3) Year Lease Term Commencing May 1,2005 Terminating April 30, 2008 AB# 18,091 4/26/05 #I6 17 STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) id, aooeii before me, \- tifedros : d daw PZbIic I personally appeared aaesavl , personally known to me (or 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 hek-executed the same in his/- authorized capacity@@, and that by his/hnrl(Clrr;- signature(+ on the instrument the person@, or the entity upon behalf of which the person(ej acted, executed the instrument. WITNESS my hand and official seal. Signature 18 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 1 State of California On Asci\ a.ws nm S . Sncwd, r\3 oki/ f?.dce LJ before me, ame and Title of Officer (e g , “Jane Doe, hotaly Public”) I Date 9 d RLP+n-fi~ Name@) of Signer@) personally appeared \ - c hersonally known to me the within instrument and acknowledged to me that b / MthRy executed the same in authorized capacity@& and that b signatureRon the instrument the person@), or the entity upon behalf of which the person(* acted, executed the instrument. Place Notary Seal Above Signature of Notary Public OPTlONA 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 Attache Title or Type of Document: a U Number of Pages: Document Date: 4-27 c 0s Signer@) Other Than Named Above: E sod 0 Individual 0 Corporate Officer - Title@): 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator hgner’s Name: 0 Individual 0 Corporate Officer - Title@): 0 Partner - 0 Limited 0 General 0 Attorney in Fact Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: I Q 2004 National Nobly Association 9350 De Sot0 Ave.. P.O. Box 2402 * Chatsworth. CA 9131 3-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827 EXHIBIT “A” All that portion of Lot “H” of the Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Partition Map thereof No. 823, filed in the office of the County Recorder of said County, November 16, 1896 described as follows: Beginning at the most Northerly comer of Lot 163 of Terramar Unit No. 5, according to Map thereof No. 3371 filed in the Office of the County Recorder of said County; thence along the Easterly prolongation of the Northerly boundary of said Terramar Unit No. 5 North 59”21’10” East 2.00 feet to the TRUE POINT OF BEGINNING; thence continuing along said Easterly prolongation of said Northerly boundary of Terramar Unit No. 5 North.59°21’10” East 226.92 feet to a point on the Westerly Right of Way of the Atchiso Topeka and Santa Fe Railway Company as said right of Way was established on September 22, 1948; thence along said Right of Way North 23O06’00” West 937.82 feet to a point; thence South 66O54’10” West 103.1 1 feet to the beginning of a tangent 3042 foot radius curve concave Northerly; thence Westerly along the arc of said curve through a central angle of 5O32’30” a distance of 294.2 feet, a radial from said point bears North 17O33’20” West; thence South 37O35’34” East 95.63 feet; thence South 30O38’50” East 535.00 feet; thence South 38O3338” East 21 8.10 feet; thence South 30O38’50” East 150.00 feet to the TRUE POINT OF BEGINNING.