.CHICAOO TITLE INSURANCE COMPANY

Transcription

1 .CHCAOO TTLE NSURANCE COMPANY CTY OF SEASDE OFFCAL BUSNES S Recording requested by and when recorded mail to: Stephen L. Vagnini Monterey County Recorder Recorded at the request of Chicago Title DOCUMENT: CRMARJA 8// ,54,49 Titles / Pages g Fees. Taxes Other. AMT PAD George R. Schlossberg, Esq. Kutak Rock LLP! O Connecticut Avenue, NW Suite 1000 Washington, DC Space Above This Line Reserved for Recorder's Use SHORT FORM NOTCE 5 OF AGREEMENT 6 8 THS SHORT FORM NOTCE is entered into this 9th day of May ('"Effective Date"), by and among the FORT ORD REU SE AUTHORTY ('"FORA''), the 10 CTY OF SEASDE ("City"), and the CENTRAL CALFORNA COUNCL OF AMERC:::AN YOUTH HOSTELS ("A YH"). FORA. the City, and A YH are sometimes 2 referred to herein individually as a "Party" and collectively as the "Parties" RECTALS: WHEREAS: 17 J 8. The Parties have entered into that certain Agreement By and Among the Fort Ord J 9 Reuse Authority. the City of Seaside, and American Youth Hostels Concerning Certain Property 20 at the Former Fort Ord. California, dated May 9, 2008 ("A YH Agreement"), 21 setting forth the terms and conditions of the agreement between the Parties; FORA received certain property commonly known as the "Youth Hostel Parcel" 24 on the former Fort Ord, California, as more particularly described in Exhibit A attached hereto, 25 from the United States of America, Acting by and through the Secretary of the Army; and 31 FORA will convey the Youth Hostel Parcel to the City; The City will enter into a long-term lease with A YH for the Youth Hostel Parcel; :!4 J

2 SHORT FORM NOTCE OF AMERCAN YOUTH HOSTELS AGREEMENT 5. The Parties agree to this Short Form Notice which is to be recorded in order that 2 third parties may have notice of the existence of the A YH Agreement and the rights of the 3 Parties under the A YH Agreement. 4 5 A G RE E M E NT S: 6 7 NOW, THEREFORE, in consideration of the foregoing premises and the respective 8 representations, warranties, agreements, covenants and conditions herein contained, the 9 execution and delivery of the A YH Agreement by the Parties, and for other good and valuable O consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby 11 state and agree as follows: The Parties have executed and delivered the A YH Agreement. Copies of the 14 A YH Agreement are being he d by all Parties at their respective addresses All of the terms, conditions, provisions and covenants of the AYH Agreement are 17 incorporated in this Short Form Notice by reference as though written out at length herein, and 8 the A YH Agreement and this Short Form Notice shall be deemed to constitute a single 19 instrument or document. The rights and obligations of the Parties shall be construed solely by 20 reference to the provisions of the A YH Agreement and in the event of any conflict between the 21 provisions of the A YH Agreement and those of this Short Form Notice, the provisions of the 22 A YH Agreement shall control This Short Form Notice shall inure to the sole benefit of and be binding upon the 25 Parties and their respective successors and assigns [SGNATURE PAGES FOLLOW) --l835-u J 2

3 SHORT FORM NOTCE OF AMERCAN YOUTH HOSTELS AGREEMENT 2 3 s JO S N WTNESS WHEREOF, the Fort Ord Reuse Authority, intending to be legally bound hereby, caused its duly appointed representative to execute this Short Form Notice as of the Effective Date set forth above. Executive Officer State of California County of Monterey ) ) J 18 On before me, 9 r',, Notary Public (here insert name and title of the officer), 20 per onally ap areµ i ('x { v v'\,-'., v - 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. certify under PENALTY OF PERJURY under the Jaws of the foregoing paragraph is true and correct. W( : ""-- (Seal) State of California that the l e #f;.,. O l<j',1jb[rly VERANA, z /J,Jt)-\,t -:-f/ Corn mission# Noto y -; Pubt/c _ California f,, Monterey County -... My Comm. Expi1esJun24, t8j '.!9 3 3

4 SHORT FORM NOTCE OF AMERCAN YOUTH HOSTELS AGREEMENT N WTNESS WHEREOF, the City of Seaside, California, intending to be legally 2 bound hereby, caused its duly appointed representative to execute this Short Form Notice as of 3 the Effective Date set forth above CTY OF SEASDE State of California ) ) certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WTNESS my hand and official seal. Signature (Seal) 4

5 SHORT FORM NOTCE OF AMERCAN YOUTH HOSTELS AGREEMENT N WTNESS WHEREOF, the Central California Council of American Youth Hostels, 2 intending to be legally bound hereby, caused its duly appointed representative to execute this 3 Short Form Notice as of the Effective Date set forth above CENTRAL CALFORNA COUNCL OF AMERCAN YOUTH HOSTELS #& /:;t1 r; O Peter Kambas 11 President State of California ) 16 County of Monterey ) On MA ';: o9tli.., loo 'is rf A{OT)(,:f ojen MO S before me,, Notary Public (here insert name and title of the officer), 20 personally appeared 21 J=1r.Js KA-M$AS 22 ho proved to me on the basis of satisfactory evidence to be the person(j) whose name('() is/ai;< 23 subscribed to the within instrument and acknowledged to me that he/sla@l.!key executed the same in 24 his/he l,eir authorized capacity( ), and that by his/laerltheir signature(!o on the instrument the 25 person(@}, or the entity upon behalf of which the person s) acted, executed the instrument certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. :'m":.:!',= 1 Nie. CalllMO WTNESS my hand and official seal. Signature (Seal),=... i Mofttetey Countv a a a a a 1*&1111. Ml1J a J 5

6 EXHBT A DESCRPTON OF YOUTH HOSTEL PARCEL

7 A1{ER!CAN YOUTH HOSTELS (4.654 ac. MCL No. l, Seaside) UNTED STATF,S OF AMERCA, to: Certain real property situate in Monterey City Lands Tract Number 1, the City of Seaside, Monterey County, California, and being more particularly described as follows: Beginning at a point from which a 3/4" diameter iron pipe tagged RCE 153 JO at the southeast corner ofpar<,-ell, as shown on map filed in Volume 20 of Surveys at page 71, records of said county, bears N 2' 14'00" E, feet and N 87 46'00" W, feet; thence from said point of beginning J. S 87'46'00" E, feet; thence 2. Along a tangent <,-urve to the right with a radius of30.00 feet, through a central angle of 89 58'00", fur an arc distance of feet; thence 3. S 2'12'00" W, feet; thence 4. N " W feet; thence 5. N 2 12'00" E, feet to the point of beginning. ' Containing an area of acres of land, more or less. SUBJECT TO, HOWEVER, an easement for access and egress, 15 feet wide lying along. contiguous tn and easterly of the following described line which commences at said point of beginning and runs thence S 2 12'00" W, feet. Courses all true. This description was prepared by me or under my direction. P.L.S CJD/cd 07/14/98 /cjd/ayh-ld. wpd AYH.ld

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