HomeMy WebLinkAbout; STC ONE LLC; 2017-0380511; OtherRECORDING REQUESTED BY AND
AFTER RECORDING RETURN TO:
UPF WASHINGTON INC
12410 E MIRABEAU PKWY#100
SPOKANE VALLEY WA 99216
REF#\./~ &-Q 7
Prepared by:
Parker Legal Group, PC
600 West Broadway, Suite 700
San Diego, California 92101
A.P.N. 167-540-52-00
DOC# 2017-0380511
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Aug 21, 2017 01:47PM
OFFICIAL RECORDS Ernest J; Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $33.00
PAGES: 7
Space above this line for Recorder's Use
Prior recorded document(s) in San Diego County, California:
NIA
MEMORANDUM OF
RATIFICATION OF AMENDED AND RESTATED LICENSE AGREEMENT
This Memorandum of Ratification of Amended and Restated License Agreement is made
effective this 2D~ day of D~£M5£tr2016 by and between THE·CITY OF CARLSBAD,
with a mailing address of 1200 Carlsbad Village Dr., Carlsbad, California 92008 ("Licensor")
and STC ONE LLC, a Delaware limited liability company, registered in California as Tower
Company One LLC, by and through its attorney in fact, GLOBAL SIGNAL ACQUISITIONS III
LLC, a Delaware limited liability company, with a mailing address of 2000 Corporate Drive,
Canonsburg, Pennsylvania 15317 ("Licensee").
Site Name: Mt Kelly
Business Unit#: 880230
1
Documentary Transfer Tax $ -'O=· ____ _
__ Computed on full value of property
__ Computed on full value less liens and
encumbrances remaining at time of sale
__ Computed on full value of lease surpassing the
35-year term limit ____ _
2s,__ Computed on leased area of the property
Signature ofOeclarant or agent-Finn Name
1. Carlsbad Municipal Water District and Licensee entered into a License
Agreement dated April 6, 2010 (the "Original Agreement") whereby Licensee licensed certain
real property, together with access and utility easements, located in San Diego County,
California from Licensor (the "Premises"), as more particularly described on Exhibit A attached
hereto, all located within certain real property owned by Licensor (the "Property"). The
Property, of which the Premises is a part, is more particularly described on Exhibit B attached
hereto.
2. Licensor and Licensee have entered into a Ratification of Amended and Restated
License Agreement (the "Agreement"), of which this is a Memorandum, whereby Licensee
licensed use of the Premises from Licensee, all located on the Property.
3. The Premises may be used for the purposes of installing, maintaining and
operating a wireless telecommunication facility.
4. Licensor and Licensee agree that the Original Agreement shall be amended by
deleting it in its entirety and restating the Original Agreement as provided for in the Agreement.
5. The term of the Agreement is for ten (10) years, commencing on August 19, 2016
and expiring on August 18, 2026.
6. In the event of any inconsistency between this Memorandum and the Agreement,
the Agreement shall control.
7. The terms, covenants and provisions of the Agreement shall extend to and be
binding upon the respective executors, administrators, heirs, successors and assigns of Licensor
and Licensee.
8. This Memorandum does not contain the social security number of any person.
9. A copy of the Agreement is on file with Licensor and Licensee.
Site Name: Mt Kelly
Business Unit#: 880230
[Execution Pages Follow]
2
IN WITNESS WHEREOF, hereunto and to duplicates hereof, Licensor and Licensee
have caused this Memorandum to be duly executed on the day and year first written above.
Site Name: Mt Kelly
Business Unit#: 880230
LICENSOR:
THE CITY OF CARLSBAD
:~~,tt4:f:::~ ~ .. w~
Title: ~ J.r..,-'""lo.. ...... ....,.~ .... ,1::::
[Acknowledgment Appears on Following Page]
3
CALIFORNIA ACKNOWLEDGMENT
[California Civil Code§ 1189]
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the tru{hfulness,
accuracy, or validity of that document.
ST A TE OF CALIFORNIA )
COUNTY OR.kn ilocr:p ~ ss. .
On ~' ~ d-D/lpoefore me, \_ J7; .. cco ... m./Z r{J'-7J/l.u,O
Public,
Notary
personally appeared --'---1-L-~"'-""''---'--"'-L.,:,Jod!.....,.dp,~'>£.--=~---------' who
proved to me on the basis of satisfactory evidence be the person(~hose names{a,· istm:e-
subscribed to the within instrument and acknowledged to me that he/sh&t-key executed the same
in his/-h~t~i-F-authorized capacity(-i-ei), and that by hisLher/tlretrsignature{s} on the instrument
the person~), or the entity upon behalf of which the personvB-acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal
c~m~
SIGNATURE OF NOTARY PUBLIC
[Lessee Execution Page Follows]
Site Name; Mt Kelly
Business Unit#; 880230 4
(Seal)
Site Name: Mt Kelly
Business Unit#: 880230
LICENSEE:
STCONELLC,
a Delaware limited liability company,
registered in California as Tower Company
One LLC
By:_J/--___ ....,.,,_,_-l----\-~-
Print N me: -~=~=~=::::.i______.:e::::...,_ __
Title:--+-------------
[Acknowledgment Appears on Following Page]
5
State of Texas
County of \-\~ X\,5
Before me, ffi\ ffil/V\,gY\,1:JV\., , a Ko_tary Public, on this day personally appeared
t. C/2tn?11?\7vwc N§?~ , \[ IQ '"Pte-~ of Global Signal
Acquisitions III LLC, aD aware limited liability company, as Attorney in Fact for STC One
LLC, registered in California as Tower Company One LLC, known to me ~ro1.-'ea te FR@ on
~h af. or through d1i.er'c liceIJse, state id cai:d, resident id ~are, mili1ary id
~) to be the person wh9se name is subscribed to the foregoing instrument and
acknowledged to me that she/he executed the same for the purposes and consideration therein
expressed.
Given under my hand and seal of office this -~B ___ day of Nb~2016.
(Personalized Seal)
Site Name: Mt Kelly
Business Unit#: 880230
$'1t:!X~~~~ ALI ALMANZA I ''""'''' ~ ~ jtr)~ i Notary Publi~, State ofTexas
•,4 ~,;.:_ ..... ·,,..,.s Comm. Expires 12-04·2019 .,,~.c:--0F1t::",-.. N ., ,,,,,, .. ,.,,, otary ID 130458743
6
Notary Public's Signature
EXHIBIT B
(Legal Description of the Property)
ALL OF THAT PORTION OF LOT "J" OF RANCHO AGUA HEDIONDA, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 17 OF OCEAN
VIEW ESTATES AS SHOWN ON MAP THEREOF NO. 5825, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 25, 1967;
THENCE NORTH 58° 59' 34" EAST, A DISTANCE OF 242.89 FEET TO THE TRUE
POINT OF BEGINNING OF THE PORTION TO BE DESCRIBED;
THENCE FROM SAID TRUE POINT OF BEGINNING SOUTH 23° 20' 06" EAST, A
DISTANCE OF 200.00 FEET;
THENCE SOUTH 65° 20' 06" EAST, A DISTANCE OF 103.00 FEET;
THENCE NORTH 66° 39' 54" EAST, A DISTANCE OF 115.00 FEET;
THENCE NORTH 33° 41' 38" EAST, A DISTANCE OF 62.67 FEET;
THENCE NORTH 10° 32' 29" WEST, A DISTANCE OF 139.44 FEET;
THENCE NORTH 69° 20' 06" WEST, A DISTANCE OF 180.00 FEET;
THENCE SOUTH 58° 59' 34" WEST, A DISTANCE OF 139.14 FEET TO THE TRUE
POINT OF BEGINNING.
AS SHOWN FOR CONVENIENCE SAKE ON ATTACHMENT "A" ATTACHED
HERETO AND MADE A PART HEREOF. (16-A)
Site Name: Mt Kelly
Business Unit #: 880230 8