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HomeMy WebLinkAboutRIVER VIEW GOLF COMPANY - ASSIGNMENT OF LEASE 1988 t - 1921 ~ ~3 30 Recording Request by RECORDING REQUESTED BY and When Recorded, Mai 1 to: CONTINENTAL LAND TITLE CO. MARY KEANE 1222 E. Oceanfront RECORDED IN OrFICIAL RECORDS Newport Beach, CA 92661 OF ORANGE COUNTY,CALIFORNIA $2~ .oo -2 4s pM JUN 2 8 '88 C 17 Q .`7~~ couNTv ASSIGNMENT OF LEASE RECORDER ~ This agreement is made this 27th day of Jae 1988 by and between RIVER VIEW GOLF, a California cor oration, ~ ~ rr "Assignor," and MARY P. KEANE, a widow, called "Assignee.l~hereinafter called t A. CITY OF SANTA ANA, as Lessor, and Assignor as Lessee, executed a novation of lease on March 11, 1974. By the terms of the lease, the property described in Exhibit "A" attached hereto and incorporated herein was leased to Assignor as Lessee. ~i~ B. Assignor now desires to assign the lease to Assignee, and Assignee desires to accept the assignment thereof. r; THEREFORE, Assignor and Assignee agree as follows: _\I\ For good and valuable consideration, receipt of which is hereby ~ acknow]edged, and the agreement of Assignee, hereinafter set forth, Assignor hereby assigns and transfers to Assignee all of its right, title and interest in and to the lease hereinbefore described, and Assignee hereby agrees to and does accept the assignment, and Assignee expressly assumes and agrees to keep, perform and fulfill a]1 the terms, covenants, conditions and obliga- tions required to be kept, performed and fulfilled by Assignor as Lessee thereunder, including the making of all payments due to or payable on behalf of Lessor under said lease when due and payable. Executed at g~,t~ Ana California, on the day and year first above written. ASSIGNOR: ASSIGNEE: RIVER VIEW GOLF, ' a California Co~orati~n ~ ~ w~,~`__, /lG'?`G~~./• .~'~~~''~;/ifr j, MA Y P. NE f>JC,!Il.iiN'f~T!'RG.':~F:c:•Ti.XS.....~..... YTRT~^^ ~IIJJttVV --C:C'~_iL. C': ~LL YhL.'~ :.c~S UENi; Ar:D f7~C.;;::::'!+P..V~~< E.:.A.Ni!J' :iASE ^vF SALE. Assignor Declares *Term less than 99 years ' • • ' •j • 8~i0192I .STATE OF CALIFORNIA COUNTY OF Oran~e__ ~ SS. On this 27th day of _ Jae 111 in the ear 1988 y . , before me, the undersigned, a Notary Public in rn and for said Cnunty and State, personally appeared Novel B. James ____JtSdi~6~Sllly/1Et~6~Gli/ ~ tJ(/f)(~/(ff~proved to me on the basis of satisfactory evidence) to be the z President, and O Rny D. TacuiS ~ ~~~~~~d~d~d~6~proved to me on the basis of satisfactory ~ evidence) to be 4F'FI L SKgt, W a°r Secretary of the corporation that executed the within Instrument, and GLENDA F. BENTLEY F ~ acknowledged to me that such corporation executed the within instru- ~ ment pursuant to its by-laws or a resolution of its board of directors. ~T~RYPIlSL1C-CAtJFQ~ c07 ~ANf3E COUNTY ~ Coawu c F~Pi<++ ~ 419 U o = c Signature ~ y Glet~ada F. Bentley _ Name (Typed or Printed) Notary Public in and for said County and State F 2467 R. t t !B2 (This area for official notarial seal) STATE OF CALIrOR,~~1IIA I COUNTY OF__ llrartQe )ss. J ~ On Jtme 27, 1988 ,before me, the undersigned, a Notary Public in and for said State, personal) a y ppeared Marv P.Keane c U E ~~d~~~>~~~~a~ proved to me on the basis of satis- m factory evidence) to be the person(s) whose name(s) is/are sutr v scribed to the within instrument and acknowledged to me that ~ OFFI L Sg.AL he/she/they executed the same. N GLENDA F. BENTLEY WITNESS my hand and oNicial seal. f~IOTARYP(,!&,~' ~N(~E COl~itTY /,~~i7 /l ~'h' CoswR E>~, Aprp 6.19! Signature x--r---dC-mac.. (This area for official notarial seaq • • ] E}WIBIT "A" ~~J PARCEL 1 ; BEGINNING AT THE MOST WESTERLY CORNER OF LOT 64, TRACT N0. 2122, IN THE CITY OF $ANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 61, PAGES 49 AND 50, MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, SAID WESTERLY CORNER OF LOT 64 BEING THE MOST SOUTHERLY CORNER OF THE PROPERTY DESCRIBED IN THE REVISED LEASE TO THE IZAAK WALTON LEAGUE; THENCE, FOLLOWING ALONG THE BOUNDARY OF SAID REVISED LEASE, THE FOLLOWING COURSES; NORTH 64° 43' 22" WEST, 146.22 FEET; THENCE NORTH 22° 43' 40N EAST, ~ FEET; THENCE NORTH 50° 49' S5' EAST, ]5.92 FEET; THENCE SOUTH 89° 54200500 EAST, 40.00 FEET TO THE SOUTHWESTERLY CORNER OF THE BOY SCOUT LOT DESCRIBED IN DEED TO THE KIWANIS CLUB OF $ANTA ANA AND RECORDED IN BOOK 2$26, PAGE 166 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE, ALONG SAID BOY SCOUT LOT NORTH 22° 00' 00" EAST, 102.60 FEET AND SOUTH $9° 54~ 05" EAST, 124.]4 FEET TO THE SOUTHWESTERLY CORNER OF LOT 45 TRACT NO• .SHOWN ON A MAP THEREOF RECORDED IN BOOK 4$, PAGES 21, 21 AND 23, 1608, AS MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA THENCE NORTH 32° 0$' 32~~ EAST, ALONG LOT LINES OF SAID TRACT NO. 1608, 10.1.06 FEET TO THE ANGLE POINT IN THE NORTHERLY LINE OF LOT 30 OF SAID TRACT NO. 1608, SAID ANGLE POINT BEING THE NORTHEASTERLY END OF THE LINE DESCRIBED IN THAT CERTAIN QUITCLAIM DEED FROM THE ORANGE COUNTY FLOOD CONTROL DISTRICT TO THE CITY OF $ANTA ANA RECORDED IN BOOK 6106, PAGES 9, 10 AND 11, OFFICIAL RECORDS OF ORA(~GE COUNTY, CALIFORNIA; THENCE, IN A GENERAL SOUTHWESTERLY DIRECTION, FOLLOWING ALONG THE LINE DESCRIBED IN SAID QUITCLAIM DEED TO AN INTERSECTION WITH THE NORTHWESTERLY PROLONGATION OF THAT CERTAIN COURSE HAVING A BEARING OF SOUTH 62 1/2° EAST, IN THE DEED TO TOWNER MANUFACTURING COMPANY RECORDED P~~ARCH 13, 1946 IN BOOK 1399, PAGE 362 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE SOUTHEASTERLY, ALONG SAID PROLONGATION, TO THE MOST NORTHERLY CORNER OF THE PROPERTY DESCRIBED IN SAID DEED TO TOWNER MANUFACTURING COMPANY; THENCE NORTHEASTERLY, IN A DIRECT LINE, TO THE MOST WESTERLY CORNER OF THAT CERTAIN PROPERTY CONVEYED TO THE CITY OF $ANTA ANA, CALIFORNIA, AS DESCRIBED IN BOOK 2516, PAGE 264 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE NORTHEASTERLY, ALONG THE NORTHWESTERLY LINE OF SAID PROPERTY CONVEYED TO THE CITY OF $ANTA ANA, ]$Q.QQ FEET, MORE OR LESS, TO AN INTERSECTION WITH THE NORTHWESTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF LOT 185, TRACT NO. 1]24, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 51, PAGES 24, MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE SOUTH653°158EL44NEEAST, ALONG SAID PROLONGATION, 102•]5 FEET TO THE WESTERLY CORNER OF SAID LOT 185, TRACT NO. 1724; THENCE NORTHEASTERLY, ALONG SUBDIVISION LINES 5]1.72 FEET TO THE MOST WESTERLY CORNER OF LOT 64, TRACT NO. 2122, AND THE POINT OF BEGINNING• EXCEPTING FROM A PORTION THEREFROM ALL OIL, PETROLEUM, GAS, AND OTHER HYDROCARBON SUBSTANCES IN OR UNDER THE LAND GRANTED WITH THE RIGHT IN THE GRANTORS TO EXPLORE FOR, DEVELOP AND PRODUCE THE SAME FOR THE RIGHT OF PASTURAGE, TOGETHER WITH EGRESS AND INGRESS TO THE DESCRIBED LAND FOR SAID PURPOSES, PROVIDED THAT IN ANY EXPLORATION, DEVELOPMENT OR PRODUCTION OF 0[L, OR THE PASTURAGE ON SAID LAND THE DIKES OR EMBANKMENTS CREATED BY THE GRANTEE SHALL NOT BE INJURED OR DESTROYED, AND ALL INJURY OR DAMAGE WHICH THEY MAY SUFFER SHALL BE IMMEDIATELY REPAIRED AND RESTORED AT THE EXPENSE OF THE GRANTORS, AS RESERVED BY W. L• LUTZ AND DOLLIE L• LUTZ, HUSBAND AND WIFE, IN A DEED RECORDED SEPTEMBER 1, 1921, IN BOOK 403, PAGE 264 OF DEEDS• . • • 8~-301921 SCHEDULE A (CONTINUED) ALSO EXCEPTING FROM A PORTION THEREFROM ALL OIL, PETROLEUM, GAS, AND OTHER HYDROCARBON SUBSTANCES IN OR UNDER THE LAND GRANTED WITH THE RIGHT iN GRANTORS TO EXPLORE FOR, DEVELOP AND PRODUCE THE SAME, PROVIDED THAT iN ANY r EXPLORATION, DEVELOPMENT OR PRODUCTION OF OIL THE DIKES OR EMBANKMENTS CREATED BY THE GRANTEE SHALL NOT BE INJURED OR DESTROYED AND ALL INJURY OR DAMAGE WHICH THEY MAY SUFFER SHALL BE IMMEDIATELY REPAIRED AND RESTORED AT THE EXPENSE OF THE GRANTORS, AS RESERVED BY LOUIS C• LUHR AND LYDIA M• LUHR, HUSBAND AND WIFE, IN A DEED RECORDED SEPTEMBER 15, 1921, IN BOOK 403, PAGE 391 OF DEEDS• ALSO EXCEPTING FROM A PORTION THEREFROM ALL OIL, PETROLEUM, GAS AND OTHER HYDROCARBON SUBSTANCES IN OR UNDER THE LAND GRANTED WITH THE RIGHT IN THE GRANTORS TO EXPLORE FOR, DEVELOP AND PRODUCE THE SAME, PROVIDED THAT IN ANY EXPLORATION, DEVELOPMENT OR PRODUCTION OF OIL THE DIKES OR EMBANKMENTS CREATED BY THE GRANTEE SHALL NOT BE INJURED OR DESTROYED AND ALl INJURY OR DAMAGE WHICH THEY MAY SUFFER SHALL BE IMMEDIATELY REPAIRED AND RESTORED AT THE EXPENSE OF THE GRANTORS, AS RESERVED BY AARON ENGEL AND VIDA 0• ENGEL, HUSBAND AND WIFE, AND DORA A• ENGEL, HIS MOTHER, IN A DEED RECORDED SEPTEMBER 14, 1921, IN BOOK 405, PAGE 27 OF DEEDS• PARCEL 2: PARCEL A; THOSE PORTIONS OF (1) SECTION 2, TOWNSHIP 5 SOUTH, RANGE lO WEST, IN THE RANCHO LAS BOLSAS, CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, PER MAP RECORDED IN BOOK 51„ PAGE 12 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; (2) LOT A OF TRACT NO. 160$, IN SAID CITY, COUNTY AND STATE, PER MAP RECORDED IN BOOK 4$, PAGES 21 TO 23 ' INCLUSIVE OF SAID MISCELLANEOUS MAPS; (3) THE MABURY TRACT, IN SAID CITY, COUNTY AND STATE, PER MAP MARKED REFEREES "EXHIBIT B" RECORDED IN BOOK 165, PAGE 301 OF DEEDS IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA; AND (4) LOTS 25 AND 28 OF POTTS, BORDEN AND SIDWELL TRACT, PARTLY IN SAID CITY AND ALL IN SAID ORANGE COUNTY, PER MAP RECORDED - IN BOOK 4, PAGE 624 OF MISCELLANEOUS RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID LOS ANGELES COUNTY, DESCRIBED AS A WHOLE AS FOLLOWS: •Y ~ • . • • • SCHEDULE A (CONTINUED) BEGINNING AT THE WESTERLY CORNER OF THE LAND DESCRIBED IN DEED TO THE CITY OF SANTA ANA, RECORDED ~~AY 11, 1962, IN BOOK 6106, PAGE 9 OF OFFICIAL RECORDS IN THE OFFICE OF SAID COUNTY RECORDER OF ORANGE COUNTY; THENCE PJORTH 35° 49' 27" EAST, 1357.75 FEET ALONG THE NORTHWEST LINE OF SAID LAND TO AN ANGLE POINT THEREIN; THENCE NORTH 34° 48' OS" EAST, 1505•$5 FEET ALONG SAID NORTHWEST LINE AND ITS NORTHEASTERLY PROLONGATION TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 540.00 FEET; THENCE NORTHEASTERLY AND EASTERLY 520.23 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 55° 11' S5"; THENCE TANGENT TO SAID CURVE, EAST 206.04 FEET TO AN ANGLE POINT IN THE NORTHERLY LINE OF LOT 3O OF SAID TRACT N0. 160$, DISTANT WEST 71.00 FEET ALONG SAID NORTHERLY LINE FROM THE NORTHEAST CORNER OF SAID LOT; THENCE NORTH 32° O$' 3Z" EAST, 129.91 FEET ALONG THE NORTHEASTERLY PROLONGATION OF THE NORTHWEST LINE OF SAID LOT 3O TO THE NORTH LINE OF LOT A OF SAID TRACT NO. 1608; THENCE WEST 169.17 FEET ALONG SAID NORTH LINE TO ITS INTERSECTION WITH THE SOUTHERLY PROLONGATION OF THAT CERTAIN COURSE SHOWN AS HAVING A BEARING OF NORTH I5° 06' 00" EAST AND A LENGTH OF 193.19 FEET IN THE WESTERLY BOUNDARY LINE OF TRACT NO• 62$0, PER MAP RECORDED IN BOOK 229, PAGES 45 AND 46 OF SAID MISCELLANEOUS MAPS; THENCE NORTH 15° O6' OO" EAST, 222.06 FEET ALONG SAID SOUTHERLY PROLONGATION AND WESTERLY BOUNDARY L[NE TO AN ANGLE POINT THEREIN; THENCE NORTH 24° 41' OQ" EAST, 377.00 FEET ALONG SAID WESTERLY BOUNDARY LINE TO AN ANGLE POINT THEREIN; THENCE NORTH 56` 14" EAST, 42'.41 FEET TO A POINT ON THE NORTHWESTERLY PROLONGATION OF THE SOUTHWEST LINE OF LOT 59 OF SAID TRACT N0. 62$0, DISTANT THEREON NORTH 69° 52`.10" WEST, 35.00 FEET FROM THE MOST WESTERLY CORNER OF SAID LOT 59; THENCE NORTH 26° 03' 02" EAST; 60.32 FEET; THENCE NORTH 27° 37' 49" EAST, 72.56 FEET; THENCE NORTH 34° 08' 00" EAST, 64.01 FEET TO A POINT ON THE NORTHWESTERLY PROLONGATION OF THE NORTHEAST LINE OF LOT 61 OF SAID TRACT N0. 62$0, DISTANT TFsEREON NORTH 62° 37' 26" WEST, 16.00 FEET FROM THE MOST NORTHERLY CORNER OF SAID LOT 61; THENCE SOUTH 62° 37' 26" EAST, 13•$9 FEET ALONG SAID NORTHWESTERLY PROLONGATION TO THE SOUTHEASTERLY LINE OF THE LAND DESCRIBED IN DEED TO NEWBERT PROTECTION DISTRICT, RECORDED JANUARY 15, 1919, IN BOOK 329, PAGE 173 OF DEEDS IN THE OFFICE OF SAID COUNTY RECORDER OF ORANGE COUNTY; THENCE NORTH 1$° 2j' OO" EAST, 292.11 FEET ALONG SAID SOUTHEASTERLY LINE TO AN ANGLE POINT THEREIN; THENCE NORTH 43° 15' 00" EAST, 191.60 FEET ALONG SAID SOUTHEASTERLY LINE TO THE SOUTM LINE OF SAID LOT 2$ OF THE POTTS, BORDEN AND SIDWELL TRACT; THENCE SOUTH $9° S7' 3O" EAST, 2O.$O FEET ALONG SAID SOUTH LINE AND THE SOUTH LINE OF SAID LOT 2S OF THE POTTS, BORDEN AND SIDWELL TRACT TO THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO ORANGE COUNTY FLOOD CONTROL DISTRICT, RECORDED MAY 22, 1961, IN BOOK 5721, PAGE 843 OF SAID OFFICIAL RECORDS; THENCE NORTH 42° 56' 12" EAST, 16$•6$ FEET ALONG THE SOUTHEAST LINE OF THE LAND DESCRIBED IN SAID DEED TO THE SOUTHERLY LINE OF THAT CERTAIN $0.00 FOOT WIDE STRIP OF LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED SEPTEMBER 11 1936, IN BOOK 843, FP,AGE 304 GOR SAID OFFICIAL RECORDS; THENCE NORTH 7O° 5Of 4O" WEST, L~~T4~~ON7„SWESTS01J~tj~R~~ FEET;ATHENCE SOUTHR~y°P~~~OQM~~TyyEST,Ti~}~600SOUTH 4 11/S3 S ~0 FEET; • 88-301'921 SCHEDULE A (CONTINUED) THENCE SOUTH 3$° 33' 02" WEST, 9$5.34 FEET; THENCE SOUTH 28° 2$' 41" WEST, 216.3S~~FEET; THENCE SOUTH 27° 27' 40" WEST, ° 57 19 EAST, 99.5$ FEET; THENCE SOUTH 36° O522SO1 WEST, THENCE SOUTH 9 THENCE SOUTH 55° 12' OO" EAST, 44.00 FEET; THENCE SOUTH 3660037 O6ETWEST, 765.7] FEET TO A POINT ON A LINE THAT PASSES THROUGH THE POINT OF BEGINNING AND THAT ALSO PASSES THROUGH THE MOST SOUTHERLY CORNER OF LOT 64 OF TRACT ~ NO. 3$34 PER MAP RECORDED [N BOOK 133, PAGES 13 THROUGH 15°INCLUSIuE OF SAID MISCELLANEOUS MAPS, SAID POINT BEING DISTANT SOUTH 4$ 53 15 EAST, 120.00 FEET ALONG SAID LINE FROM SAID MOST SOUTHERLY CORNER; THENCE SOUTH 48° 53' 15" EAST, 34Q.36 FEET ALONG SAID LINE TO THE POINT OF BEGINNING. PARCEL B: THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 4 SOUTH, RANGE 10 WEST AND THAT PORTION OF THE NORTHWEST QUARTER AND THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 4 SOUTH, IN THE RANCHO LAS BOLSAS, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH THAT PORTION OF SECTION 2, TOWNSHIP 5 SOUTH, RANGE lO WEST, IN SAID RANCHO, COUNTY AND STATE, PER MAP RECORDED IN BOOK 51, PAGE 12 OF SAID MISCELLANEOUS MAPS, AND THAT PORTION OF LOT 2$ OF THE POTTS, BORDEN AND SIDWELL TRACT, PARTLY IN THE CITY OF SANTA ANA, ALL IN SAID COUNTY AND STATE, PER MAP RECORDED IN BOOK 4, PAGE 624 OF MISCELLANEOUS RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHWESTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF THE LAND DESCRIBED IN DEED TO ORANGE COUNTY FLOOD CONTROL DISTRICT, RECORDED MAY 11, 1939, IN BOOK 997, PAGE 148 OF OFFICIAL RECORDS IN THE OFFICE OF SAID COUNTY RECORDER OF ORANGE COUNTY WITH THE NORTHERLY LINE OF THAT CERTAIN $0.00 FOOT WIDE STRIP OF LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED SEPTEMBER 22, 1936, IN BOOK 839, PAGE 460 OF OFFICIAL RECORDt, SAID POINT BEING A CURVE IN SAID NORTHERLY LINE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 2040•OO FEET, A RADIAL LINE OF SAID CURVE THROUGH SAID POINT BEARS NORTH 1$° 57' 29" EAST; THENCE EASTERLY 7.03 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF O° 11` 51"; THENCE SOUTH 7O° 50' 40" EAST, 683.57 FEET ALONG SAID NORTHERLY LINE AND ITS EASTERLY PROLONGATION TO A POINT WHICH IS NORTH 7O° 50' 4O" WEST, SO.OO FEET, MEASURED ALONG SAID EASTERLY PROLONGATION, FROM ITS INTERSECTION WITH THE EASTERLY LINE OF THE LAND DESCRIBED IN DEED TO ORANGE COUNTY FLOOD CONTROL DISTRICT, RECORDED MAY 22 1961, IN BOOK 5727, PAGE $43 OF SAID OFFICIAL RECORDS; THENCE NORTH 136 15' 37" EAST, 23° 29' S3~~ EAST, $$4.11 FEET; THENCE NORTH 34° 0457136 WEST, THENCE NORTH TO THE EASTERLY PROLONGATION OF THAT CERTAIN COURSE CITED AS SOUTH3$$°ES0' 38" EAST, 337.37 FEET IN PARCEL 1 OF THE DEED TO THE STATE OF CALIFORNIA, • 88-301921 SCHEDULE A (CONTINUED) RECORDED NOVEMBER 6, 1962, IN BOOK 6311, PAGE 631 OF SAID OFFICIAL RECORDS; THENCE NORTH 89° 45' 1$" WEST 342•$9 FEET ALONG SAID EASTERLY PROLONGATION TO THE WESTERLY LINE OF THE 630.00 FOOT WIDE STRIP OF LAND DESCRIBED AS "PARCEL 2" IN THE DEED TO THE COUNTY OF ORANGE, RECORDED ~'IAY 25, BOOK 557, PAGE 264 OF SAID OFFICIAL RECORDS; THENCE SOUTH 23° 3119QQ/ IN WEST, 172.96 FEET ALONG SAID WESTERLY LINE TO THE SOUTHWEST CORNER OF THE LAND DESCRIBED AS "PARCEL 2" IN THE DEED TO THE ORANGE COUNTY FLOOD CONTROL DISTRICT, RECORDED DECEMBER 16, 1960, IN BOOK 5552, PAGE 302 OF SAID OFFICIAL RECORDS; THENCE NORTH 89° 42' 30" EASTf 76.59 FEET ALONG THE SOUTHERLY LINE OF SAID LAST MENTIONED "PARCEL 2 TO THE NORTHEAST CORNER OF THE LAND DESCRIBED IN SAID IN BOOK 997, PAGE 14$ OF OFFICIAL RECORDS; THENCE SOUTH 23° 31` 00" WEST, 510.69 FEET ALONG HHE SOUTHEAST LINE OF SAID LAND TO THE EAST CORNER OF THE LAND DESCRIBED AS PARCEL E1-1102.2" IN DEED TO ORANGE COUNTY FLOOD CONTROL DISTRICT, RECORDED ~ANUARo 16f 1961, IN BOOK 5589, PAGE 559.~OF SAID OFFICIAL RECORDS; THENCE NORTH 45 58 10 "WEST, 21.95 FEET ALONG THE PORTHEASTERLY LINE OF SAID PARCEL E1-11O2.2 TO AN ANGLE POINT THEREIN; THENCE NORTH 45° 1$' S5" WEST, 53.10 FEET ALONG SAID NORTHEASTERLY LINE TO THE NORTH CORNER OF SAID "PARCEL E1-1102.2"; THENCE SOUTH 23° 31' QQ" WEST, 53.62 FEET ALONG THE NORTHWESTERLY LINE OF SAID ~~PARCEL E1-1102.2" TO THE WEST CORNER OF SAID PARCEL E1-1102.2"; THENCE SOUTH 45° 18' S5" EAST, 34.02 FEET ALONG THE SOUTHWESTELY LINE OF SAID "PARCEL E-1102.2" TO AN ANGLE POINT THEREIN; THENCE SOUTH 45° 5$' 10" EAST, 40.94 FEET ALONG SAID SOUTHWESTERLY LINE TO THE SOUTH CORNER OF SAID "PARCEL E1-11O2.2", SAID SOUTH CORNER BEING A POINT ON SAID SOUTHEAST LINE OF THE LAND DESCRIBED IN BOOK 997, PAGE 14$ OF QFFICIAL RECORDS; THENCE SOUTH 23° 31' QQ" WEST, $$Q.2$ FEET ALONG SAID SOUTHEAST LINE TO THE SOUTHEAST CORNER OF SAID LAND; THENCE SOUTH $9° 42' 30" WEST, 76.59 FEET ALONG THE SOUTH LINE OF SAID LAND TO THE WESTERLY CORNER OF SAID LAND; THENCE SOUTH 23° 31' 00" WEST, $0.94 FEET ALONG THE SOUTHWESTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF SAID LAND TO THE POINT OF BEGINNING. PARCEL 3; THAT PORTION OF SECTION 2, TOWNSHIP 5 SOUTH, RANGE 10 WEST, IN THE RANCHO LAS BOLSAS, CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, PER MAP RECORDED IN BOOK 51, PAGE 12 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH THAT PORTION OF LOT 26 OF TRACT NO 2$$7 IN SAID CITY, COUNTY AND STATE, PER MAP RECORDED IN BOOK 117, PAGES 28 TO 30 INCLUSIVE OF SAID MISCELLANEOUS MAPS, DESCRIBED AS FOLLOWS; BEGINNING AT A POINT ON THE SOUTHERLY LINE OF THAT CERTAIN $O.QQ FEET WIDE STRIP OF LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED SEPTEMBER 22, 1936, IN BOOK $39, PAGE 460 OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER, DISTANT NORTH 70° 50' 40" WEST, 600.37 FEET ALONG SAID SOUTHERLY LINE AND ITS SOUTHEASTERLY PROLONGATION FROM THE INTERSECTION THEREOF WITH THE SOUTHEAST LINE OF THE LAND DESCRIBED IN DEED TO THE ORANGE COUNTY FLOOD CONTROL DISTRICT, RECORDED P'IAY 22 1961, IN BOOK 5727, PAGE $43 OF SAID OFFICIAL RECORDS; THENCE SOUTH 2$° 47' 45" WEST, • 88-307~2~ SCHEDULE A (CONTINUED) 1735.33 FEET; THENCE SOUTH 89° 23~ OO" WEST, ° 33' O2'~ WEST, 985.34 FEET; THENCE SOUTH 28° 2840400 WEST, THENCE SOUTH 3$ THENCE SOUTH 27° 27' 40" WEST, 216.33 FEET; 222 77 FEET; THENCE SOUTH 9 57 19 EAST, 9958 FEET; THENCE SOUTH 36° 05' S0" wEST6 660.37 FEET; THENCE SOUTH 55° 12 OO EAST, 44.00 FEET; THENCE SOUTH 36 03' 06" WEST, 765.77 FEET TO A PDINT ON A LINE THAT PASSES THROUGH THE MOST SOUTHERLY CORNER OF LOT 64 OF ~ TRACT NO. 3$34 PER MAP RECORDED IN BOOK 133, PAGES 13 THROUGH 15 INCLUSIVE OF SAID MISCELLANEOUS MAPS, AND WHICH ALSO PASSES THROUGH THE WESTERLY CORNER OF THE LAND DESCRIBED [N DEED TO THE CITY OF SANTA ANA, RECORDED MAY 11, 1962, IN BOOK 6106, PAGE 9 OF SAID OFFICIAL RECORDS, SAID POINT BEING DISTANT SOUTH 48° S3' 15" EAST, 120.00 FEET ALONG SAID LINE FROM THE MOST SOUTHERLY CORNER OF LOT 64; THENCE NORTH 48° S3' 15" WEST, 120.00 FEET TO SAID MOST SOUTHERLY CORNER; THENCE NORTH 34° 4$' 00" EAST, 1132.54 FEET ALONG THE SOUTHEASTERLY BOUNDARY OF SAID TRACT NO. 3834 TO AN ANGLE POINT THEREIN; THENCE NORTH 2S° 4O' OO" EAST, 515.15 FEET ALONG SAID SOUTHEASTERLY BOUNDARY LINE TO THE NORTHEAST CORNER OF SAID TRACT NO. 3834, SAID CORNER BEING ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 2; THENCE NORTH $9° 47' S0" EAST, 53.40 FEET ALONG SAID NORTH LINE TO THE NORTHWESTERLY LINE OF THE LAND DESCRIBED IN DEED TO NEWBERT PROTECTION DISTRICT, RECORDED OCTOBER 1921, IN BOOK 406, PAGE 185 OF DEEDS IN THE OFFICE OF SAID COUNTY RECORDER; THENCE NORTH 2S° 40' OO" EAST, 179.00 FEET ALONG SAID NORTHWESTERLY LINE TO AN ANGLE POINT THEREIN; THENCE NORTH 37° 3$' S2" EAST, 36.3$ FEET ALONG SAID NORTHWESTERLY LINE TO THE SOUTHEAST CORNER OF TRACT N0. 3637 PER MAP RECORDED IN BOOK 129, PAGES 18 TO 2O INCLUSIVE OF SAID MISCELLANEOUS MAPS; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID TRACT NO. 3637 TO THE MOST SOUTHERLY CORNER OF TRACT NO. 2762, PER MAP RECORDED IN BOOK 113, PAGES 26 TO 28 INCLUSIVE OF SAID MISCELLANEOUS MAPS; THENCE NORTH 39° 21' 38" EAST, 562.52 FEET ALONG THE SOUTHEASTERLY LINE OF SAID TRACT NO. 2762 TO THE MOST EASTERLY CORNER OF LOT 33 OF SAID TRACT, SAID POINT BEING ALSO A POINT ON THE WESTERLY BOUNDARY LINE OF SAID TRACT NO. 2$87; THENCE SOUTH O° 17' 3O" EAST, 23.90 FEET ALONG SAID BOUNDARY LINE TO THE MOST SOUTHERLY CORNER OF SAID TRACT NO• Z887; THENCE NORTH 36° ~+1' 05" EAST, 457.99 FEET ALONG THE SOUTHEASTERLY BOUNDARY LINE OF SAID TRACT NO. 2887 TO AN ANGLE POINT THEREIN; THENCE SOUTH O° 17' 30" EAST, 51 4O FEET TO THE MOST SOUTHERLY CORNER OF LOT lO OF SAID TRACT NO• Z887; THENCE NORTH 34° 48' 00" EAST, 447•$0 FEET ALONG SAID SOUTHEASTERLY BOUNDARY LINE OF TRACT NOa 2887 TO THE MOST SOUTHERLY CORNER OF LOT 26 OF SAID TRACT; THENCE NORTH 55 12 OQ WEST, 20.88 FEET ALONG THE SOUTHWESTERLY LINE OF SAID LOT 26 TO THE MOST WESTERLY CORNER OF THE LAND DESCRIBED IN DEED TO ORANGE COUNTY FLOOD CONTROL DISTRICT, RECORDED ,JUNE 16, 1965, IN BOOK 7558, PAGE 234 OF SAID OFFICIAL RECORDS; THENCE NORTH 27° O3' 39" EAST, 147.03 FEET ALONG THE NORTHWESTERLY LINE OF THE LAND DESCR~BED IN SAID DEED TO THE MOST NORTHERLY CORNER OF SAID LAND; THENCE NORTH 25 56' 24" EAST, $03.81 FEET ALONG THE WESTERLY LINE OF THE LAND DESCRIBED AS "PARCEL 1~~ IN DEED TO ORANGE COUNTY FLOOD CONTROL DISTRICT, RECORDED JULY 3O, 1969, IN BOOK 9034, PAGE 417 OF SAID OFFICIAL RECORDS TO THE SOUTHERLY LINE OF SAID $0.00 FEET WIDE STRIP • OF LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA; THENCE SOUTH 7O° SO' 40~~ EAST, $$•16 FEET ALONG SAID SOUTHERLY LINE TO THE POINT OF BEGINNING. t , SCHEDULE A (CONTINUED) PARCEL 4 ; THAT PORTION OF LOTS 25 AND 28 OF THE POTTS, BORDEN AND SIDWELL TRACT, PARTLY IN THE CITY OF SANTA ANA, ALL IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, PER MAP RECORDED IN BOOK 4, PAGE 624 OF MISCELLANEOUS RECORDS JN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS; BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF THAT CERTAIN $Q.QQ FOOT WIDE STRIP OF LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED SEPTEMBER 11, 1936, !N BOOK 843, PAGE 304 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, WITH THE EASTERLY LINE OF THE LAND DESCRIBED IN DEED TO ORANGE COUNTY FLOOD CONTROL DISTRICT, RECORDED I'~AY 22, 1961, IN BOOK 5727, PAGE 843 OF SAID QFFICIAL RECORDS; THENCE NORTH 70° 5Q` 40" WEST, 50.00 FEET ALONG SAID NORTHERLY LINE; THENCE NORTH 13° 15' 37" EASo;, 757•$6 FEET; THENCE NORTH 23° 29' S3" EAST . FEET; THENCE N4RTH 34 04 13 WEST, 2$2.37 FEET TO THo EASTERLY ~ 4 11 PROLONGATION OF THAT CERTAIN COURSE CITED AS "SOUTH 50 3$ EAST, 337.37 FEET° IN PARCEL 1 OF THE DEED TO THE STATE OF CALIFORNIA, RECORDED NOVEMBER 6, 1962, IN BOOK 6311, PAGE 631 OF SAID OFFICIAL RECORDS; THENCE SOUTH $9° 45' 1$" EAST, 324.32 FEET ALONG SAID EASTERLY PROLONGATION TO THE EASTERLY LINE OF THE LAND DESCRIBED IN DEED TO THE ORANGE COUNTY FLOOD CONTROL DISTRICT, RECORDED MAY 19 1961, IN BOOK 5726, PAGE 405 OF SAID OFFICIAL RECORDS; THENCE SOUTH 236 2$' SQ" WEST, 1163'•57 FEET ALONG SAID LAST MENTIONED EASTERLY LINE TO AN ANGLE POINT THEREIN; THENCE SOUTH 13° 5$' 10`~ NEST, 752.40 FEET ALONG SAID LAST MENTIONED EASTERLY LINE AND THE EASTERLY LINE OF THE LAND DESCRIBED IN SAID DEED RECORDED IN BOOK 572], PAGE 843 OF OFFICIAL RECORDS TO THE POINT OF BEGINNING. EXCEPT THAT PORTION THEREOF INCLUDED WITHIN THE PROPOSED STATE HIGHWAY ACCESS ROAD WHICH IS BOUNDED AS FOLLOWS; NORTHERLY BY SAID EASTERLY PROLONGATION OF SAID CERTAIN COURSE; SOUTHEASTERLY BY SAID EASTERLY LINE OF THE LAND DESCRIBED IN BOOK 5726, PAGE 405 OF QFFICIAL RECORDS; WESTERLY AND SOUTHWESTERLY BY THE NORTHERLY CONTINUATION OF THAT CERTAIN CURVE CITED AS HAVING A RADIUS OF 1$0.00 FEET; A CENTRAL ANGLE OF 69° 5Q' 2$" AND AN ARC LENGTH OF 219.41 FEET IN PARCEL 1 OF THE LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED DECEMBER 15, 1961, IN BOOK 5944, PAGE 943 OF OFFICIAL RECORDS - ALSO EXCEPTING FROM A PORTION THEREFROM ALL OIL THAT IS IN OR UNDER THE GRANTED PREMISES, AND THE RIGHT TO TAKE AND OBTAIN THE SAME, PROVIDED THAT IN DOING S0, GRANTOR SHALL NOT IN ANY WAY INTERFERE WITH THE PROTECTION WORK OF THE GRANTEES, OR INJURE, DAMAGE OR DESTROY THE DIKES, OR OTHER STRUCTURES NOW UPON OR HEREAFTER PLACED UPON THE GRANTED LAND BY THE GRANTEES, AS RESERVED BY C•M• MARSHALL, TRUSTEE ANA JEANETTE T. MARSHALL HIS WIFE IN A DEED RECORDED MARCH 15, 1924, IN BOOK 512, PAGE 396 OF DEEDS. ALSO EXCEPTING FROM A PORTION THEREOF ALL OIL, GAS AND MINERALS AND OTHER HYDROCARBON SUBSTANCES LYING BELOW A DEPTH OF 500 FEET FROM THE SURFACE WITH NO RIGHT TO USE THE SURFACE OR TOP 500 FEET THEREOF, AS RESERVED BY D 8 N ESTATES, INC., A CORPORATION, IN A DEED RECORDED NOVEMBER 20, 1953, IN BOOK 4981, PAGE 96 OF OFFICIAL RECORDS. ~t R , ~ f: ~ • REQUEST FOR m ~ `i COUNCIL ACTION ®a CITY COUNCIL AGENDA DATE June 6, 1988 DATE OF COUNCIL ACTION ~~N 6 1988 TITLE ASSIGNMENT OF THE RIVERVIEW e e ~ omey o GOLF COURSE LEASE prepare and ±~e t;"ao.~~r and CI®rk ~ CITY MANAGER CLERK OF THE COUNCIL RECOMMENDED ACTION Authorize the City Attorney to prepare and the Mayor and the Clerk of the Council to execute an agreement for the assignment of the Riverview Golf Course Lease from Riverview Golf, a California corporation, to Riverview Golf Company. EXECUTIVE SUMMARY On August 21, 1961, a lease agreement was executed between the City of Santa Ana and Riverview Golf, a California corporation, for the construction and operation of a golf course along the southeasterly boundary of the Santa Ana River channel north of 17th Street. An amendment to said lease was executed on November 21, 1966, which expanded the operation from a 9-hole to an 18-hole golf course by combining the City-owned property with that owned by the County of Orange in the form of parallel leases with the County and City. The existing lease requires that the City Council approve an assignment of the lease from the present operator to a new operator. 086 IG:vh:Cl-3 -r ~ • MEMORANDUM ~ i ~ To: _ Deputy City Manager Date: _ Mav 16, 1988 Executive Director/ From• Community Development Agency Subject: ASSIGNMENT OF THE RIVERVIEW GOLF COURSE LEASE STATEMENT OF THE ISSIIE On August 21, 1961, a lease agreement was executed between the City of Santa Ana and Riverview Golf, a California corporation, for the construction and operation of a golf course along the southeasterly boundary of the Santa Ana River channel north of 17th Street. An amendment to said lease was executed on November 21, 1966, which expanded the operation from a 9-hole to an 18-hole golf course by combining the City-owned property with that owned by the County of Orange in the form of parallel leases with the County and City. Riverview Golf is presently operating in the third year of a 25-year option term. The City receives rent in the form of a percentage of receipts of the operation. Provision 12 of said lease stipulates that an assignment of the lease requires approval by the City Council. Mary Patricia Keane, president of Riverview Golf Company, has negotiated an agreement with Novel B. James, president of the Riverview Golf Corporation, to assume the lease and has requested that the City approve the assignment. The facility has been operating only as a 9-hole course since incurring severe flood damage in 1983. Mrs. Keane plans to renovate the facility and have all 18 holes operable. The restaurant and pro shop will be improved and enlarged, and the sign adjacent to Memory Lane will be rehabilitated to incorporate their new logo. ALTERNATIVES CONSIDERED The only alternative considered is not to approve the assignment and continue with Riverview Golf Corporation as the Lessee. However, there appears to be no grounds within the lease for the City Council to disapprove the assignment. Furthermore, the present operators desire to retire from this business. Staff has conducted extensive interviews with the proposed assignees, and is convinced they have the ability and desire to operate an improved facility. FISCAL IMPACT The City will continue to receive rent in accordance with the Riverview Golf Lease. Rental payments for the most recently audited 12-month period averaged $1,275.00. It is anticipated that this amount will rise substantially when the course is once again a full 18-hole operation. F~ ~ ~ 1J I CS-808 . ~ • Deputy City Manager May 16, 1988 Page Two RECOI~Il~IENDED ACTION Authorize the City Attorney to prepare and the Mayor and the Clerk of the Council to execute an agreement for the assignment of the Riverview Golf Course Lease from Riverview Golf, a California corporation, to Riverview Golf Company. l~ Cynthia J. Ne ~ Executive Director CJN:IG:vh:Cl-3 Finance & Management Services OSS