HomeMy WebLinkAboutD-1840 Parcel No. 053-111-055 - 053-111-058 Recorded 08/25/2009JULIE RODEWALD Lo
San Luis Obispo County— Clerk/Recorder 8/25/2009
Recorded at the request of,
Public 11:27 AM
or 2009047880
Prepared by and after recording return to:
TowerCo --
Attention: Legal
5000 Valleystone Drive
Cary, NC 27519
(Recorder's Use Above This Line)
Titles:.1 Pages: %
Fees
26.00
Taxes
0.00
Others
0.00
PAID
$26.00
STATE OF CALIFORNIA Parcel No: 053- 111 -055; 053 -111 -058
COUNTY OF SAN LUIS OBISPO OUT F E
MEMORANDUM OF AGREEMENT
Document Date:
Grantor/Lessor: CITY OF SAN LUIS OBISPO, A MUNICIPAL CORPORA_ TION
Address: 990 Palm Street, San Luis Obispo, CA 93401
Grantee/Lessee: TOWERCO ASSETS LLC, a Delaware limited liability company
Address: 5000 Valleystone Drive, Cary, NC 27519
Legal Description of the Land is attached as Attachment A on Page 5
THE UNDERSIGNED GRANTOR DECLARES.
DOCUMENTARY TRANSFER, TAXIS -a
X TERM OF LEASE, INCL. OPTIONS UNDER 35 YEARS
COMPUTED ON FULL :VALUE OF'PROPERTY
COMPUTED ON FULL VALUE LESS VALUE OF LIENS
OR ENCUMBRANCES REMAINING AT THE TIME OF SALE
UNINCORPORATED AREA CITY OF
Memorandum of Agreement
TowerCo ID: CA3079
Cascade ID: SN45XCO89
Page I of 6
1W
MEMORANDUM OF AGREEMENT
This Memorandum of Agreement ( "Memorandum ") is entered into on this day of
. , 2009, by and between CITY OF SAN LUIS OBISPO, having a mailing
address of 990 Palm Street, San Luis Obispo, CA 93401 (hereinafter referred to as "Landlord ")
and TOWERCO ASSETS LLC, a Delaware limited liability company having a mailing
address of 5000 Valleystone Drive, Cary, North Carolina 27519 (hereinafter referred to as
"Tenant")-
Landlord and Sprint PCS Assets, LLC, a Delaware Limited Liability Company
( "Sprint/Nextel ") entered into that certain Telecommunications Facility Lease at
Laguna Lake Golf Course dated February 1, 2005, as amended, if applicable (as
amended, the "Agreement ") for certain real property and easements described in
ATTACHMENT B attached hereto (collectively, the "Premises "), which are a
portion of that certain parcel of real property owned by Landlord located in the
County of San Luis Obispo, State of California described in ATTACHMENT A
attached hereto (the "Land ").
2. Sprint/Nextel assigned all its right, title and interest in, to and under the Agreement to
Tower Entity 4 LLC, a Delaware limited liability company ( "Tower Entity"), by that
certain Assignment and Assumption of Ground Lease dated September 23, 2008 and
to be recorded among the official records of the County of San Luis Obispo, State of
California.
3. Thereafter, Tower Entity was acquired by and merged into Tenant.
4. The term of the Agreement is for five (5) years commencing on April 20, 2005.
5. The Agreement may be extended for three (3) successive five (5) year terms.
6. The purpose of the Memorandum is to give record notice of the Agreement and of the
rights created thereby, all of which are hereby confirmed. The terms of the
Agreement are incorporated herein by reference. In the event of a conflict between
the terms of this Memorandum or the addition of any terms in this Memorandum
which are not contain -.d in the Agrcemera; such conflicting or additional terms shall
be deemed to be part of the Agreement and shall otherwise amend the Agreement and
be controlling.
7. This Memorandum may be executed in two or more counterparts, all of which shall
be considered the same agreement and shall become effective when one or more
counterparts have been signed by the each of the parties. This Memorandum is not
and will not be binding on either party until and unless it is fully executed by both
parties.
[SIGNATURES APPEAR ON NEXT PAGE]
Memorandum of Agreement Page 2 of 6
TowerCo ID: CA3079
Cascade ID: SN45XCO89
•
IN WITNESS WHEREOF, the parties have executed this Memorandum as of the day and year
first above written.
LANDLORD:
CITY OF SAN LUIS OBISPO, A MUNICIPAL
CORPORATION
MIM_ "-:-::"--z ._
0: ii
1),9,4VvA
Date:
TENANT:
TOWERCO ASSETS LLC, a Delaware limited liability
company
By:
Name: Daniel Hunt
Title: Vice President and CFO
Date: 00 l 1`7 I On
[ACKNOWLEDGMENTS APPEAR ON THE NEXT PAGE]
Memorandum of Agreement Page 3 of 6
TowerCo ID: CA3079
Cascade ID: SN45XCO89
•
LANDLORD ACKNOWLEDGMENT
State of California
County of
On
before me,
personally appeared .
who proved to me on the basis of
subscribed to the within instrument
his/her /their authorized capacity(ies,
person(s), or the entity upon beha!W
LJ
name and.title of the officer)
satisfacto evidence to be the person(s) whose name(s) is /are
and 3pi6owledged to me that he /she /they executed the same in
d that by his/her /their signature(s) on the instrument the
which the person(s) acted, executed the instrument.
I certify under PENAL F PERJURY under the laws of the State of California that the foregoing
paragraph i::and and rrect.
WITNESS and official seal. �-�-
(Notary Seal)
or Notary Public
TENANT ACKNOWLEDGMENT
State of North Carolina
County of Wake L I I
On before me, M P'I I C S(JI �- �I 011 i� l� Notary Public
(Here insert name and a of the officer)
personally appeared Dan Hunt, Vice President and CFO
who 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 /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.
I certify under PENALTY OF PERJURY under the laws of the State of North Carolina that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
L" �-. \I JAIJAIl'—)�— (Notary Seal)
Signature )f Notary Public
Memorandum of Agreement
TowerCo ID: CA3079
Cascade ID: SN45XCO89
MELISSA L YOUNG
NOTARY PUBLIC
IREDELL COUNTY, NC
MY COMM. EXPIRES 11 -13 -2010
Page 4 of 6
• •
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN LUIS OBISPO )
On August 10, 2009, before me Elaina Cano, City Clerk, personally appeared David F. Romero,
Mayor, CITY OF SAN LUIS OBISPO, who proved to me on the basis of satisfactory evidence
to be the persono whose name is /a subscribed to the within instrument and acknowledged
to me that he /s a /tjwey executed the same in his r /tVq authorized capacity " s), and that by
his�,�r/ it signature on the instrument the person , or the entity upon behalf of which the
pei n acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
Witness my hand and official seal.
Signature
City Clerk
(Seal)
i •
ATTACHMENT A
LAND
All that real property located in the State of California, County of San Luis Obispo, described as
follows:
PARCEL 1:
A portion of Lot 5 of the Rancho Canada de Los Osos and Laguna, in the City of San Luis
Obispo, County of San Luis Obispo, State of California, according to map recorded in Book A,
Page 83 of Maps, in the office of the County Recorder of said County, described as follows:
Beginning at the centerline intersection monument at the intersection of Prefumo Canyon Road
and Los Osos Valley Road, the basis of bearings being the centerline of Prefumo Canyon Road
having a bearing of North 45 °30'00" East as recorded on the map of Tract No. 403, recorded in
Book 8, Page 1 of Maps;
Thence Easterly along said Los Osos Valley Road centerline, South 44 °13'30" East; 20 feet;
Thence South 45 °30'00" West, 50 feet;
Thence South 44 °13'30" East, 313.94 feet to the true point of beginning;
Thence South 45 °46'30" West, 346.60 feet;
Thence South 44 °30'00" East, 269.21 feet;
Thence North 45 °46'30" East, 202.31 feet;
Thence North 44 °13'30" West, 179.15 feet;
Thence North 45 °46'30" East,.143.00 feet;
Thence North 44'l 3'30" West, 90.06 feet to the true point of beginning.
PARCEL 2:
A portion of Lot 59 of the Rancho Canada de Los Osos and Laguna, in the City of San Luis
Obispo, County of San Luis Obispo, State of California, according to map recorded in Book A,
Page 83 of Maps, in the office of the County Recorder of said County, described as follows:
Beginning at the centerline intersection monument at the intersection of Prefumo Canyon Road
and Los Osos Valley Road;
Thence Easterly along said Los Osos Valley Road centerline, South 44 °13'30" East, 20 feet;
Thence South 45 °30'00" West, 50 feet;
Thence South 44 °13'30" East, 404 feet;
Thence South 45 °46'30" West, 143 feet;
Thence South 44 °13'30" East, 179.15 feet to the true point of beginning;
Thence South 45 °46'30" West, 202.31 feet;
Thence South 44 °30'00" East, 228.49 feet;
Thence North 45 °46'30" East, 108.16 feet;
Thence North 44 °13'30" West, 90 feet;
Thence North 5 °52'55" West, 150 feet;
Thence North 44 °13'30" West, 20.85 feet to the true point of beginning.
Memorandum of Agreement Page 5 of 6
TowerCo ID: CA3019
Cascade ID: SN45XCO89
0
ATTACHMENT B
PREMISES
0
All that portion of said Parcel 1, more particularly described as follows:
Commencing at the most Westerly corner of said Parcel 1; thence S 42027'10" E on and along
the Southwesterly line of said parcel of land, a distance of 38.47 feet; Thence leaving said
Southwesterly line N 47 °32'50" E, a distance 217.39 feet to the true point of beginning, Point
"A "; Thence N 48 °00'23" E, a Distance of 24.36 feet to Point `B "; Thence S 41'59'37" E, a
distance of 16.00 feet; Thence S 48 °00'23" W, a distance of 24.36 feet to Point "C "; Thence N
41 059'37" W, a distance of 16.00 feet to the point of beginning..
Containing 390 square feet, more or less.
Together with a pole lease area, more particularly described as follows:
Commencing at Point "C "; Thence S 19 °30'46" E, a distance of 68.70 feet to the true point of
beginning; Thence S 41 °48'26" E, a distance of 10.00 feet; Thence S 48 °11'34" W, a distance of
10.00 feet; Thence N 41 °48'26" W, a distance of 10.00 feet; Thence N 48'11'34" E, a distance
of 10.00 feet to the point of beginning.
Containing 100 square feet, more or less.
Together with an easement for access purposes 12.00 feet in width, the centerline of which is
more particularly described as follows:
Commencing at said Point `B "; Thence S 41 °59'37" E, a distance of 6.04 feet to the true point of
beginning; Thence N 51 °13'22" E, a distance of 10.00 feet; Thence S 44 °24'29" E, a distance of
104.34 feet; Thence N 51 °123'22" E, a distance of 90.18 feet to the Southwesterly Right of Way
of Los Osos Valley Road and the terminus of said easement.
Together with an easement for utility purposes 5.00 feet in width, the centerline of which is more
particularly described as follows:
Commencing at said Point `B "; Thence S 41'59'37" E, a distance of 12.00 feet to the true point
of beginning; Thence N 47 °44'39" E, a distance of 100.37 feet; Thence S 42 °15'21" E, a
distance of 237.02 feet; Thence N 80 °48'41" E, a distance of 7.80 feet; Thence S 75 °07'12" E, a
distance of I L89 feet to an existing utility pole and the terminus of this easement.
Together with an easement for coaxial cable 1.00 feet in width, the centerline of which is more
particularly described as follows:.
Commencing at Point "C "; Thence N 41'59'37" W, a distance of 6.61 feet to the true point of
beginning; Thence S 15 °06'52" W, a distance of 26.65 feet; Thence S 33 °30'21" E, a distance of
56.22 feet to the proposed monopine, and the terminus of this description.
Memorandum of Agreement
TowerCo ID: CA3079
Cascade ID: SN45XC089
Page 6 of 6
END OF D4E9NT