HomeMy WebLinkAboutC-519(R) - West Coast Highway, 1221 (Balboa Bay Resort) - Memorandum of Ground Lease 2013This Document was electronically recorded by
CR South County D
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
MEMORANDUM OF Gi
iir
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of Newport Beach
100 Civic Center Drive
P.O. Box 1768
Newport Beach, California 92658-8915
Attn: City Clerk
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11
1111111111111111111
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NO FEE
2013000606524 11:23am 10/30/13
276 402 M11 F13 11
0.00 0.00 0.00 0.00 30.00 0.00 0.00 0.00
(Exempt from Recording Fees Pursuant to Cal. Gov. § 27383
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
MEMORANDUM OF GROUND LEASE
hs, M� rppAandum of round Lease ("Memorandum") is entered into and effective as of
G ("Commencement Date"), by and between THE CITY OF NEWPORT
BEACH, a charter city and California municipal corporation ("Landlord"), and BALBOA BAY
CLUB VENTURES, LLC, a California limited liability company ("Tenant").
RECITALS
A. Landlord and Tenant have entered into that certain Ground Lease ("Lease") dated as of
the Commencement Date relating to certain real property located in the City of Newport
Beach, County of Orange, State of California described more particularly on Exhibit A
attached hereto and by this reference made a part hereof ("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 Memorandum and the terms of the
Lease.
IN WITNESS WHEREOF, Landlord and Tenant have executed this Memorandum as of the date
first set forth above.
Attest:
Leilani I. Brown
City Clerk
Approved as to Form:
CITY ATT!1Es►L= • FFICE
Aaron C. Harp
City Attorney
cc.„)
LANDLORD:
CITY OF NEWPORT BEACH,
a California municipal corporation
By:
Keith D. Curr
Mayor
TENANT:
BALBOA BAY LUB VE TU ' - " , LLC,
a California li- liabil' o pa-ny
By:
zr- i"rtin
President
By:
Todd Pi
Secretary
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
MAP RECORDED IN BOOK 1, PAGE 88 OF MISCELLANEOUS RECORD MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALFORNIA, 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 US.
BULKHEAD STATION NO. 129 TO U.S. BULKHEAD STATION NO. 130, AS SAID BULKHEAD
LINE AND BULKHEAD STATIONS, INCLUDING THE PIERHEAD LINES AND STATIONS,
SAID PIERHEAD LINES BEING PARALLEL WITH AND 80 FEET BAYWARD OF SAID
BULKHEAD LINES, 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 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 IN THE SOUTHWESTERLY LINE OF THE 100-FOOT
RIGHT-OF-WAY OF THE CALIFORNIA STATE HIGHWAY ORA-60-B, 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 NORTHLY, 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
NORTHWESTERLY 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"
WEST 975.03 FEET TO A LINE PARALLEL WITH AND DISTANT SOUTHWESTERLY 350.00
FEET FROM SAID BULKHEAD LINE; THENCE NORTH 61 DEGREES 01' 07" WEST 776.91
FEET ALONG SAID PARALLEL LINE , TO THE SOUTHWESTERLY PROLONGATION OF
THE SOUTHEASTERLY LINE OF SAID PARCEL 1: THENCE ALONG SAID PROLONGATION
AND SAID SOUTHEASTERLY LINE, NORTH 28 DEGREES 58' 53" EAST 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, INCLUDING THE PIERHEAD LINES AND STATIONS,
SAID PIERHEAD LINES BEING PARALLEL WITH AND 80 FEET BAYWARD OF SAID
BULKHEAD LINES, 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 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-B, 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 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 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 SOUTHWESTELY 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.
INCLUDING THAT PORTION DESCRIBED AS FOLLOWS (AS SHOWN ON INCLUDED MAP
EXHIBIT FOR "PARCEL 2"). *AREA SHALL BECOME PART OF THE LEASED PREMISES
UPON EXECUTION AND RECORDATION OF A TRANSFER DOCUMENT AND INDEMNITY
LANGUAGE ACCEPTABLE TO THE CITY OF NEWPORT BEACH. *
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF THE 100-FOOT RIGHT OF WAY
OF THE CALIFORNIA STATE HIGHWAY ORA-60-B, 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.
PARCEL 3:
A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER THAT CERTAIN
PARCEL OF LAND INCLUDED WITHIN A STRIP OF A 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, INCLUDING THE PIERHEAD LINES AND STATIONS,
SAID PIERHEAD LINES BEING PARALLEL WITH AND 80 FEET BAYWARD OF SAID
BULKHEAD LINES, ARE LAID OUT AND SHOWN ON A MAP OF NEWPORT BAY,
CALIFORNIA, SHOWING HARBOR LINES APROVED BY THE WAR DEPARTMENT,
JANUARY 18, 1917, WHICH SAID POINT IS DISTANT SOUTH 61 DEGREES 01' 07" EAST,
MEASURED ALONG SAID BULKHEAD LINE, 700 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-B, 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 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 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 CURVE, THROUGH A CENTRAL ANGLE OF 16 DEGREES 04'
40" TO THE NORTHEASTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF
TRACT NO. 1140, AS PER MAP 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 TERMINATE IN SAID NORTHWESTERLY PROLONGATION AND LENGTHENED SO AS
TO TERMINATE ON A LINE WHICH BEARS SOUTH 28 DEGREES 58' 53" WEST FROM THE
TRUE POINT OF THE BEGINNING.
PARCEL 4:
A NON-EXCLUSIVE EASEMENT FOR AUTO PARKING PURPOSES OVER THE
SOUTHWESTERLY 20.00 FEET OF THE NORTHEASTERLY 45.00 FEET OF THAT CERTAIN
PARCEL 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, INCLUDING THE PIERHEAD LINES AND STATIONS,
SAID PIERHEAD LINES BEING PARALLEL WITH AND 80 FEET BAYWARD OF SAID
BULKHEAD LINES, 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 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-B, 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 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 SOUTHWESTERLY 350.00 FEET
FROM SAID BULKHEAD LINE; THENCE SOUTH 61 DEGREES 01' 17" 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 CONCAVE
NORTHEASTERLY, HAVING A RADIUS OF 2,550.00 FEET; THENCE NORTHWESTERLY
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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ACKNOWLEDGMENT
01)06/ 211 9-t/ 13 before me, 0/CM0 \\o1 Ul N61-AN ?U h IIC
insert name and titlerof the officer)
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personally appeared '4
1-1171 D . Corr
who proved to me on the basis of satisfactory e idence to be the personwhose name
is/a subscribed to the within instrument and acknowledged to me that he//tj executed
the same in his/f /th f- authorized capacity(.esf , and that by his/Ilhefr signature on the
instrument the person(; or the entity upon behalf of which the personcected, 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
(Seal)
CRISTAL MCDONALD
Commission # 1950148
Notary Public - California a
0range County
M Comm. Ex ' fires Au, 28, 2015
State of California
County of
Ylf
On , 1, U'JLr )-U
ACKNOWLEDGMENT
before me, ,%I 61' 1 1\1\CbelAk d Vhk
(insert name and title of the officer)
111
personally appeared QV (�(1 C. y
I�V`O�
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 laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
CRISTAL MCDONALD
Commission # 1950148
Notary Public • California
Orange County
M Comm. Ex kes Au28, 2015
ACKNOWLEDGMENT
State of California
County of
On 4ko 2z, Zola
before me, J ` ) M(--)617114 J l.i� (id d l((J
(insert name and title Of the offider)
personally appeared :\1 IibUP
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 California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
I()
(-L
(Seal)
z
CRISTAL MCDONALD
Commission # 1950148
Notary Public - California
Orange County
M Comm. Ex'ires Au• 28, 2015
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