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HomeMy WebLinkAboutC-519(M) - West Coast Highway, 1221 (Balboa Bay Resort) - Memorandum of Ground Lease 2000OIL This document %vac ^lectronically recorded by - F, ty ajor Accounts Recorded in Official Records,Count of Orange IV'IEMORANDU ,Clerk -Record=- (� DJJ� "m �� 24.00 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: International Bay Clubs, Inc. 1221 W. Coast Highway Newport Beach, California 92663 20000573818 108 28 M11 10 11:07am 10125100 0.00 0.00 0.00 0.00 18.00 0.00 0.00 0.00 MEMORANDUM OF GROUND LEASE This Memorandum of Ground Lease ("Memorandum") is entered into effective as of October 5 , 2000 (the "Commencement Date"), by and between THE CITY OF NEWPORT BEACH, a municipal corporation ("Landlord"), and BALBOA BAY CLUB, INC., a California Corporation ("Tenant"). RECITALS A. Landlord and Tenant have entered into that certain Ground Lease (the "Lease") dated as of the Commencement Date relating to certain real property located in,the City of iveTport Beach, County of Orange, State of California described mese-particularly-aIr Exhibit A attached hereto and by this reference made a part hereof (the "Premises"). Landlord and Tenant each desires to execute this Memorandum for recordation in the real property records of the County of Orange in order to memorialize the existence of the Lease. NOW THEREFORE, with reference to the foregoing recital, the parties hereto agree as follows: 1. Lease of Premises. Landlord hereby leases to Tenant, and Tenant hereby hires from Landlord, the Premises, on the terms and conditions set forth in the Lease. 2. Term. The term of the Lease shall be for a period of fifty (50) years commencing upon the Commencement Date, unless sooner terminated pursuant to the provisions of the Lease. 3. Incorporation of Lease. This instrument is a memorandum of the Lease and is subject to all of the terms and conditions of the Lease. The terms of the Lease shall prevail if there is any inconsistency between the terms of this instrument and the terms of the Lease. N131:493932.1 IN WITNESS WHEREOF, Landlord and Tenant have executed this Memorandum as of the date first set forth above. THE CITY OF NEWPORT BEACH, a municipal corporation BALBOA BAY CLUB, INC., a California Corporation By: It : Chairma of the a d By: Its: Chief Executive Officer NB 1:493932.1 2 IN WITNESS WHEREOF, Landlord and Tenant have executed this Memorandum as oche date first set forth above. THE CITY OF NEWPORT BEACH, a municipal corporation BALBOA BAY CLUB, INC., a California Corporation By: _ Its: By: _ Its: NB 1:493932.1 2 STATE OF CALIFORNIA ) ss. COUNTY' OF ORANGE ) On October, 2000, before me personally appeal' personally known to me (or proved to me on the basis of satisfactory evide e) to b e person whose name is subscribed to the within instrument and acknowledged to e that he xecuted the same in his authorized capacity, and that by his signature on the instrument the person, or entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. T 0 WILLIE UPTON •`"" COMM. 91256421 ' (SEAL) (j ': NO7ARYPUBLIC-CALIFORNIAO ORANGE COUNTY 0 1 , ,Foy , COMM. EXP. MARCH 11, 2004 y Notary Public STATE OF CALIFORNIA ) I-- ) ss. COUNTY OF ORANGE ) On October , 2000, before me personally appeare/ 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 he executed the same in his authorized capacity, and that by his signature on the instrument the person, or entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. r��� WILLIE LIPTON 0A COMM. 1256421 „ � j } NOTARY PUBLIC•C 00 !FORNIA O (SEAL) ,'}g—iir ORANGEC/('& k"', OUYTY (� 0.a COMM. EXP. MARCH 11, 200c Notary Public >iv NB l :493932.1 Government Code 27361.7 I certify under the penalty of perjury that the notary seal on this document read as follows: Name of Notary: Date Commission Expires: County where bond is Filed: Commission No.: Manufacturer/Vendor No. Willie Upton March 11, 2004 Orange 1256421 MGC1 Place of execution - Newport Beach 41t"NATIOL Date - October 25, 2000 r, -As icnomiA All 1 .auRPnSF ACKNOWLEDGMENT State of California ss. County ofy . �`' before me, /� �� Date ` Name d�itle of Officer (e.g., *Jane D e, Notary Public') personally appeared ~`^ ( l i ame(s) of Signer(s) CATHY FISHER Commission # 1174329 Z z y Notary Public - California Z Orange County W Comm. Bpi -es reb 21, 2002 Place Notary Seal Above personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person( whose name( (Pre subscribed to the within instrument and acknowledged to methe he/they executed the same in ��er/their authorized capacity(, and that by his her/their signatureNyon the instrument the persoRX. or the entity upon behalf of which the person acted, executed the instrument. W N S my hand and ticial seal. Sign lure o Notary Public OPTIONAL 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 Attached Title or Type of Document: _ Document Date: Number of Pages: Signer(s) Other Than Named Above:` (' – Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 1 RIGHTTHUMBPRINT OF SIGNER © 1997 National Notary Association • 9350 De Soto Ave.. P.O. Box 2402 • Ghatswonn, UA `J1JIJ•C4VG I.— -- �t L EXHIBIT A LEGAL DESCRIPTION ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF NEWPORT BEACH, DESCRIBED AS FOLLOWS: PARCEL 1: THAT PORTION OF LOT 171, BLOCK 54 OF IRVINE'S SUBDIVISION, AS SHOWN ON A hLAP RECORDED IN BOOK 1, PAGE 88 OF MISCELLANEOUS RECORD MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, AND THAT PORTION OF THE NAVIGABLE TIDE AND SUBMERGED LANDS, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE U.S. BULKHEAD LINE EXTENDING FROM U.S. BULKHEAD STATION NO. 129 TO U.S. BULKHEAD STATION NO. 130, AS SAID BULKHEAD LINE AND BULKHEAD STATIONS ARE LAID OUT AND SHOWN ON A MAP OF NEWPORT BAY, CALIFORNIA, SHOWING HARBOR LINES APPROVED BY THE WAR DEPARTMENT, JANUARY 18, 1917, SAID POINT BEING DISTANT SOUTH 61 DEGREES 01'07" EAST, MEASURED ALONG SAID BULKHEAD LINE, 1498.00 FEET FROM THE INTERSECTION OF SAID BULKHEAD LINE WITH THE SOUTHWESTERLY PROLONGATION OF THE CENTERLINE OF IRVINE AVENUE, AS SHOWN ON A MAP OF FIRST ADDITION -TO NEWPORT HEIGHTS, RECORDED IN BOOK 4, PAGE 94 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, SAID POINT ALSO BEING ON THE SOUTHEASTERLY BOUNDARY LINE OF PARCEL 1, PER A DEED OF TRUST RECORDED MARCH 30, 1966 IN BOOK 7884, PAGE 298 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE ALONG SAID SOUTHEASTERLY BOUNDARY LINE, THE FOLLOWING COURSES: NORTH 28 DEGREES 58'53" EAST 130.00 FEET; THENCE NORTH 27 DEGREES 00' 00" WEST 16.66 FEET: THENCE NORTH 28 DEGREES 58'53" EAST 195.71 FEET TO A POINT I.N THE SOUTHWESTERLY LINE OF THE 100 -FOOT RIGHT-OF-WAY OF THE CALIFORNIA STATE HIGHWAY ORA -60-13, THENCE LEAVING SAID SOUTHEASTERLY BOUNDARY, SOUTH 74 DEGREES 21' 30" EAST ALONG SAID SOUTHWESTERLY LINE, 130.08 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 2550.00 FEET; THENCE EASTERLY 715.57 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16 DEGREES 04'41" TO AN INTERSECTION WITH THE NORTHEASTERLY PROLONGATION OF THE NORTMti TESTERLY LINE OF TRACT NO. 1140, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 36, PAGE 28 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY: THENCE SOUTH 28 DEGREES 58' 53" NEST 975.03 FEET TO A LINE PARALLEL WITH AND DISTANT SOUTHWESTERLY 350.00 FEET FROM SAID BULKHEAD LINE; THENCE NORTH 61 DEGREES 01' 07" NEST 776.91 FEET ALONG SAID PARALLEL LINE OF THE SOUTHWESTERLY PROLONGATION OF THE SOUTH- EASTERLY LINE OF SAID PARCEL 1: THENCE ALONG SAID PROLONGATION AND SAID A-1 SOUTHEASTERLY LINE, NORTH 28 DEGREES 58'53" BAST 350.00 FEET TO THE POINT OF BEGINNING. PARCEL 2: THAT CERTAIN PARCEL OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE U.S. BULKHEAD LINE, EXTENDING FROM U.S. BULKHEAD STATION NO. 129 TO U.S. BULKHEAD STATION NO. 130, AS SAID BULKHEAD LINE AND BULKHEAD STATIONS ARE LAID OUT AND SHOWN ON A MAP OF NEWPORT BAY, CALIFORN'LA, SHOWING HARBOR LINES APPROVED BY THE WAR DEPARTMENT, JANUARY 18, 1917, WHICH SAID POINT IS DISTANT SOUTH 61 DEGREES 01'07M EAST, MEASURED ALONG SAID BULKHEAD LINE, 700.00 FEET FROM THE INTERSECTION OF SAID BULKHEAD LINE WITH THE SOUTHWESTERLY PROLONGATION OF THE CENTERLINE OF IRVINE AVENUE, AS SHOWN ON A MAP OF FIRST ADDITION TO NM«'PORT HEIGHTS RECORDED IN BOOK 4, PAGE 94 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID POINT OF INTERSECTION BEING THE MOST SOUTHERLY CORNIER OF LOT H OF TRACT NO. 919 AS PER MAP RECORDED IN BOOK 29, PAGES 31 TO 34 INCLUSIVE OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTH 28 DEGREES 58' 53" EAST 154.19 FEET TO A POINT IN THE SOUTHWESTERLY LINE OF THE 100 -FOOT RIGHT OF WAY OF THE CALIFORNIA STATE HIGHWAY ORA -60-13, SAID POINT BEING RADIAL TO ENGINEER'S STATION 6+56.15 IN THE CENTERLINE OF SAID HIGHWAY, SAID RADIAL BEARS NORTH 19 DEGREES 37'57" EAST FROM SAID POINT, SAID SOUTMVESTERLY LINE BEING A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 2050.00 FEET; THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE, THROUGH A CENTRAL ANGLE OF 3 DEGREES 59' 27", 142.79 FEET TO A TANGENT LINE; THENCE SOUTH 74 DEGREES 21'30" EAST ALONG SAID TANGENT LINE AND SAID SOUTHWESTERLY LINE, 662.08 FEET; THENCE SOUTH 28 DEGREES 50' 53" WEST 195.71 FEET; THENCE SOUTH 27 DEGREES 00' 00" EAST 16.66 FEET; THENCE SOUTH 28 DEGREES 58'53" «'EST 480.00 FEET TO A LINE PARALLEL WITH AND SOUTHWESTERLY 350.00 FEET FROM SAID BULKHEAD LINE; THENCE NORTH 61 DEGREES 01'07" WEST ALONG SAID PARALLEL LINE, :A DISTANCE OF 798.00 FEET TO A POINT WHICH BEARS SOUTH 28 DEGREES 58' 53" WEST 350.00 FEET FROM THE POINT OF BEGINNING; THENCE NORTH 28 DEGREES 58' 53" EAST 350.00 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION DESCRIBED AS FOLLO'"'S: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF THE 100 -FOOT RIGHT OF WAY OF THE CALIFORNIA STATE HIGHWAY ORA -60-13, SAID POINT OF BEGINNING BEING AT RIGHT ANGLES TO ENGINEER'S STATION 7+95.46 IN THE CENTERLINE OF SAID HIGHWAY; THENCE SOUTH 15 DEGREES 38'30" WEST 44.00 FEET; THENCE NORTH 74 DEGREES 21' 30" WEST 34.00 FEET; THENCE NORTH 15 DEGREES 38' 30" EAST TO AN INTERSECTION WITH THE SAID SOUTHERLY LINE OF THE STATE HIGHWAY; THENCE SOUTHEASTERLY ALONG SAID SOUTHERLY LINE TO THE POINT OF BEGINNING. A-2 PARCEL 3: A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER THAT CERTAIN PARCEL OF LAND INCLUDED WITHIN A STRIP OF LAND 25.00 FEET IN WIDTH, THE NORTHEASTERLY LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE U.S. BULKHEAD LINE EXTENDING FROM U.S. BULKHEAD STATION NO. 129 TO U.S. BULKHEAD STATION NO. 130, AS SAID BULKHEAD LINE AND BULKHEAD STATIONS ARE LAID OUT AND SHOWN ON A MAP OF NEWPORT BAY, CALIFORNIA, SHOWING HARBOR LINES APPROVED BY THE WAR DEPARTMENT, JANUARY 18, 1917, WHICH SAID POINT IS DISTANT SOUTH 61 DEGREES 01'07" EAST, MEASURED ALONG SAID BULKHEAD LINE, 700.00 FEET FROM THE INTERSECTION OF SAID BULKHEAD LINE WITH THE SOUTHWESTERLY PROLONGATION OF THE CENTERLINE OF IRVINE AVENUE, AS SHOWN ON A MAP OF FIRST ADDITION TO NEWPORT HEIGHTS RECORDED IN BOOK 4, PAGE 94 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID POINT OF INTERSECTION BEING THE MOST SOUTHERLY CORNER OF LOT H OF TRACT NO. 919, AS PER MAP RECORDED IN BOOK 29, PAGES 31 TO 34 INCLUSIVE OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTH 28 DEGREES 58' 53" EAST 154.19 FEET TO A POINT IN THE SOUTHWESTERLY LINE OF THE 100 -FOOT RIGHT OF WAY OF THE CALIFORNIA STATE HIGHWAY ORA -60-13, SAID POINT BEING RADIAL TO ENGINEER'S STATION 6+56.15 IN THE CENTERLINE OF SAID HIGHWAY, SAID RADIAL BEARS NORTH 19 DEGREES 37' 57" EAST FROM SAID POINT, SAID SOUTHWESTERLY LINE BEING A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 2050.00 FEET; THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE, THROUGH A CENTRAL ANGLE OF 3 DEGREES 591 27", 142.79 FEET TO A TANGENT LINE; THENCE SOUTH 74 DEGREES 21' 30" EAST ALONG SAID TANGENT LINE AND SAID SOUTHWESTERLY LINE, 662.08 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 74 DEGREES 21'30" EAST 130.08 FEET TO THE BEGINNING OF A CURVE ON SAID SOUTHWESTERLY LINE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 2550.00 FEET; THENCE SOUTHEASTERLY 715.56 FEET ALONG SAID CURE, THROUGH A CENTRAL ANGLE OF 16 DEGREES 04' 40" TO THE NORTHEASTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF TRACT NO. 1140, AS PER NEAP RECORDED IN BOOK 36, PAGE 28 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. THE SOUTHWESTERLY LINE OF SAID 25.00 -FOOT STRIP IS TO BE SHORTENED SO AS TO TERZINATE IN SAID NORTHWESTERLY PROLONGATION AND LENGTHENED SO AS TO TER`IINATE ON A LINE WHICH BEARS SOUTH 28 DEGREES 58' 53" WEST FROM THE TRUE POINT OF BEGINNING. PARCEL 4: A NON-EXCLUSIVE EASEMENT FOR AUTO PARIONG PURPOSES OVER THE SOUTHWESTERLY 20.00 FEET OF THE NORTHEASTERLY 45.00 FEET OF THAT CERTAIN PARCEL MORE PARTICULARLY DESCRIBED AS FOLLOWS: A-3 BEGINNING AT A POINT ON THE U.S. BULKHEAD LINE EXTENDING FRONT U.S. -Bt-LKHEAD STATION NO. 129 TO U.S. BULKHEAD STATION NO. 130, AS SAID BULKHEAD LINE AND BULKHEAD STATIONS ARE LAID OUT AND SHOWN ON A MAP OF NEWPORT BAY, CALIFORNIA, SHOWING HARBOR LINES APPROVED BY THE WAR DEPARTMENT, JANUARY 18, 1917, WHICH SAID POINT IS DISTANT SOUTH 61 DEGREES 01' 07" EAST, MEASURED ALONG SAID BULKHEAD LINE, 700.00 FEET FROM THE INTERSECTION OF SAID BULKHEAD LINE WITH THE SOUTHWESTERLY PROLONGATION OF THE CENTERLINE OF IRN"INE AVENUE, AS SHOWN ON A MAP OF FIRST ADDITION TO NEWPORT HEIGHTS RECORDED IN BOOK 4, PAGE 94 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID POINT OF INTERSECTION BEING THE MOST SOUTHERLY, CORNER OF LOT H OF TRACT NO. 919, AS SHOWN ON A MAP RECORDED IN BOOK 29, PAGES 31 TO 34 INCLUSIVE OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTH 28 DEGREES 58'53" EAST 154.19 FEET TO A POINT IN THE SOUTHWESTERLY LINE OF THE 100 -FOOT RIGHT OF WAY OF THE CALIFORNIA STATE HIGHWAY ORA -60-13, SAID POINT BEING RADIAL TO ENGINEER'S STATION 6+56.15 IN THE CENTERLINE OF SAID HIGHWAY, SAID RADIAL BEARS NORTH 19 DEGREES 37' 57" EAST FROM SAID POINT, SAID SOUTMNIESTERLY LINE BEING A CURVE CONCH%T NORTHEASTERLY AND HAVING A RADIUS OF 2050.00 FEET; THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE, THROUGH A CENTRAL ANGLE OF 3 DEGREES 59' 27", 142.79 FEET TO A TANGENT LINE; THENCE SOUTH 74 DEGREES 21'30" EAST ALONG SAID TANGENT LINE AND SAID SOUTHWESTERLY LINE, 662.08 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 28 DEGREES 58'53" WEST 195.71 FEET; THENCE SOUTH 27 DEGREES 00'00" EAST 16.66 FEET; THENCE SOUTH 28 DEGREES 58'53" WEST 480.00 FEET TO A LINE PARALLEL WITH AND SOUTHWESTERLY350.00 FEET FROM SAID BULKHEAD LINE; THENCE SOUTH 61 DEGREES 01'07" EAST 235.68 FEET ALONG SAID PARALLEL LINE; THENCE NORTH 29 DEGREES 30' 13" EAST 697.99 FEET; THENCE NORTH 11 DEGREES 45' 40" EAST 49.32 FEET TO SAID SOUTHWESTERLY LINE OF THE STATE HIGHWAY, SAID SOUTHWESTERLY LINE BEING A CURVE CON'CAV'E NORTHEASTERLY, HAVING A RADIUS OF 2550.00 FEET; THENCE NORTM- 'ESTERLY 118.56 FEET ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 2 DEGREES 39' 50" TO THE NORTHWESTERLY TERMINUS THEREOF; THENCE NORTH 74 DEGREES 21' 30" WEST 130.08 FEET TO THE TRUE POINT OF BEGINNING. 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