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HomeMy WebLinkAboutRIVER VIEW GOLF COMPANY - EASEMENT 1966AGREEMENT GRANTING EASEMENT This agreement, executed in duplicate this rr,i'day of November, 1966, between the City of Santa Ana, a municipal cor- poration, hereinafter called "CITY" and Novel B. James, herein- after called "HOME OWNER": 6VHEREAS, CITY has entered into a lease with River View Golf,. a California corporation, for the construction and opera- tion of a golf course on property owned by CITY along the south- easterly side of the Santa F,na River channel, the existing lease having been executed November- 2, 1964, and WHEREAS, on October 18, 1966, River View Golf granted to HOME OVMER a permit to pass over a portion of said city property, which has been surfaced with paving,to allow said HOME Ot^?NER access to the garage on a single family residence lot hereinbelow described, subject to all terms, conditions and limitations con- tained in said lease, and HOME OWNER now has requested from CITY right of access to said garage across city property. NOW, THEREFORE, it is agreed between the parties hereto as follows: 1. CITY hereby grants to HOME OWNER, and to any person occupying the single family residence on Lot 182, hereinbelow de- scribed, an easement to pass over that certain land for himself, his family and house guests, for ingress and egress to and from the two car garage situated on said lot, by the most direct route from the dead end of 22nd Street across land which lies in the City of Santa Ana, County of Orange, State of California, and described as follows: A rectangular parcel of land 30 feet in width and 110 feet in length; the Southeasterly bound- 1 ary of said parcel is described as follows: Beginning at the Westerly corner of Lot 182 of Tract No. 1724 as per map recorded in Book 51, Pages 24, 25, and 26, of Miscellaneous Maps, in the office of the County Recorder of said Orange County; thence Northeasterly along the Northwest- erly boundary of said Lot 182 and its Northeaster- ly extension and along the Northwesterly termin- ation boundary of 22nd Street, 110 feet to a point which is the Easterly corner of said rec- tangular parcel of land. 2. HOME OTr7NER agrees to pay to CITY as rent for said easement the sum of Ten Dollars ($10.00) per year, payable in ad- vance on or before the first working day in January of 1967, and on or before the first working day of each year thereafter until termination of this easement. 3. This easement, and all rights thereunder, shall termin- ate upon the termination of the lease, or any extension or renewal thereof, between CITY and River View Golf, or any successor there- to, or upon failure to pay the annual rent herein reserved after notice from CITY to HOME OWNER addressed to said residential lot now known and numbered as 2144 Alona Street, Santa Ana, California, or personal service, and the lapse of 15 days from mailing or ser- vice of said notice, and all rights thereunder shall thereupon cease. IN WITNESS WHEREOF, CITY has caused this instrument to be executed by its proper officers, they being duly authorized so to do by vote of the City Council, and HOME OWNER has hereunto af- fixed his signature and tendered to CITY the rent for the year of 1967 on the date and year first hereinabove written. CITY OF SANTA .P.NA, a Municipal Corporatiorl f: By Mayor ATTEST:Cr` Clerk of the Council Home Owner 2. November 23, 1966 Riverview Golf ISUO 11, est 22nd Street Santa Ana, California Gentlemen: Enclosed is an amendment to the lease between River View Golf and the City of Santa Ana, to allow a grant of easement permitting access to the residence Of Novel B. James. e'lease sign and return all three copies of the arnendinent. After it has been signed on behalf of the City, a fully- executed copy will tie returned to yoti. I Very truly yours, Doris livi. rirown Clark Of the Council DINT B:pvq Enclosures _-A • City Council Santa Ana, California Gentlemen: r Novel B. James 2144 Alona Street Santa Ana, Calif. Oct. 19, 1966 I hereby respectfully request the grant of an easement for the purpose of driving my automobile or automobiles across the paved area now maintained by RIVER VIEW GOLF, a California Corporation, on land belonging to the City of Santa Ana. I am the owner and now reside with my family on property known and numbered as 2144 Alona Street in Santa Ana, Califor- nia. My rear property line abuts the River View Golf parking lot, which is located on city property under and by virtue of a lease dated November 2, 1964, for a term of twenty -five (25) years commencing August 21, 1961, with an option to renew for an additional term of 25 years. Twenty- second Street parallels my residential lot on the north- east, and the easement I request is a strip of land 110 feet long and 20 feet wide across the rear of my 60.81 foot lot and across 50 feet of the dead end of Twenty- second Street. Said easement should be limited to the use of residents on Lot 182 of Tract 1724, and should further be limited to the movement of automobiles onto my driveway area and garage near the rear Of my lot. This easement could be further limited in time to terminate at the time the existing city lease and any renewal thereof to River View Golf terminates. River View Golf, a corporation, has entered into an agreement with me granting me a permit to pass over this particular strip of land for the benefit of said corporation, it being the desire of said corporation to have an officer or employee of the corporation live immediately adjacent to the golf course property for reasons of security and protection of the corporation's structures and improvements. This right to pass over is, of course, subject to the terms of said lease. This request is made because it is my desire and I am ready to City Council Santa Ana, California Oct. 19, 1966 Page 2 begin construction of an addition a part of my driveway area. I prc trance to my garage from the rear, easement, will allow me to have tw ing spaces on my residential lot, Ana Municipal Code requirement for 46 to my home which will occupy pose to construct a new en- which, together with this o covered and enclosed park - and will satisfy the Santa a residential garage. The land across which this easement is requested lies in the City of Santa Ana, County of Orange, State of California, and is described as: A rectangular parcel of land 20 feet in width and 110 feet in length; the Southeasterly boundary of said parcel is described as follows: Beginning at the Westerly corner of Lot 182 of Tract No. 1724 as per map recorded in Book 51, Pages 24, 25 and 26, of Miscellaneous Maps, in the office of the County Recorder of said Orange County; thence Northeasterly along the Northwest- erly boundary of said Lot 182 and its Northeast- erly extension and along the Northwesterly ter- mination boundary of 22nd Street, 110 feet to a Point which is the Easterly corner of said rec- tangular parcel of land. For your information, a copy of the agreement with River View Golf is attached hereto. Respectfully submitted, Novel B. Jame q ; IL -Tir.-iiK This agreement executed in duplicate in Santa Ana, California this /(�A day of October, 1966, between River view Golf, a California Corporation, hereinafter called "CORPORATION,# and Novel 8. James, hereinafter called "ROME OAR, w Whereas, CORPORATION has developed and now operates a golf terse in Santa Ana, California along the easterly bound- ary of the Santa Ana River north of Seventeenth Street, under a lease dated November 2. 1964, between the City of Santa Ana, a Municipal Corporation, and CORPORATtoy, and Whereas, ROME OAR is the owner of and resides on a residential lot known and numbered as 2144 Alona Street, Santa Ana, California, which said lot terminators at the edge of CORPORATION'S golf course parking lot, and is improved by a single family residence and garage, and NOW OAR now seeks to build an addition to his residence which will partially cover the existing driveway approach to his garage, and there- fore desires to change the driveway approach to said garage so that the same will be entered frown the rear of said lot, and Whereas, CORPORATION has determined that it is to its advantage to have an officer or employee of CORPORATION con- tine to live immediately adjacent to its property for reasons Of security and protection of CORPORATION's structures and in- provewents. 00l, THEREFORE, IT IS AGREED BETWEEN THE PARTIES NERRTO AS FOLLOWS t 1. I. CORPORATION hereby grants to ROME OWNER a permit to pass over that certain land for himself, his family and house guests. Said land lies in the City of Santa Ana, County of Orange, State of California, and is described ant A rectangular parcel of land 20 feet in width and 110 feet in lengthy the Southeasterly boundary of said parcel is described as followsa Beginning at the Westerly corner of Lot 182 of Tract loo. 1724 as per map recorded in cook 51, Pages 24, 2S and 26, of Miscellaneous Maps, in the office of the County recorder of said orange County= thence Northeasterly along the Northwest- erly boundary of said Lot 182 and its Northeasterly extension and along the Northwesterly termination boundary of 22nd Street, 110 feet to a point which is the Easterly corner of said rectangular parcel Of land. Ix. This right to pass over is tO be used exclusively for people residing on said Lot 182 and their guests while the same is used for single family purposes. III. This right to pass over is subject to all terms, conditions and limitations contained in that certain lease hereinabove in the second paragraph hereof, referred to. IM WITNESS MEREOP, CORPORATION has caused this instrument to be executed by its proper officer, he being duly authorised by vote of its Board Of Directors, and Homs OWNER has hereunto affixed his signature, the date and year first above written. RIVER VIEW QOLP, a California Corporation By o LE 'IS c.. c3VFL U-, JAM 2. 1 1 6 - , - 0 AMENDMENT TO LEASE This Amendment to Lease executed this ; "-' l day of % �Lt,: 1966, by and between the City of Santa Ana, a municipal corporation, hereinafter called "LESSOR" and River View Golf, a California corpor- ation, hereinafter called "LESSEE ": t�UEREAS, on November 2, 1964 the parties hereto entered into a lease on certain real property in the City of Santa Ana along the southeasterly boundary of the Santa Ana River channel north of 17th Street for the construction and operation of a golf course on said property, and WHEREAS, said LESSEE has expressed its approval of allow- ing a small portion of said property to be used for ingress and egress to the single family residence of Novel B. James, an officer of said corporation, for the mutual benefit of the parties thereto, and the City has entered into an agreement granting an easement for said use. NOW, THEREFORE, IT IS AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. That the execution. of "Agreement Granting Permit to Pass Over Land" executed between LESSEE and Novel B. James, shall not be deemed a violation of paragraph numbered 5 in said lease, and said paragraph is hereby amended to include the right to grant permission to pass over city property from the northwesterly end of 22nd Street to the rear of Lot 182 of Tract No. 1724, as per map recorded in Book 51, pages 24, 25 and 26, of Miscellaneous Maps in the office of the County Recorder of Orange County, State of California, and is not to be deemed an assignment. or a subletting 1. of said lease, nor the granting of a concession thereunder, as prohibited by paragraph 12 of said lease. 2. LESSEE agrees that upon any termination of said lease, or any extension or renewal- thereof, that it will, as a condition precedent to the right to remove buildings and structures construc- ted or erected by it, as provided for and granted to LESSEE in paragraph 9 of said lease, construct a driveway from the garage located on said Lot 182 to a public street to provide ingress and egress, and construct a fence completely along the northwesterly lot line of said lot, said line being the rear of said lot which is contiguous to the boundary line of the property leased to said LESSEE. It shall be understood that the curb cut and driveway shall make said Lot 182 comply with all the single family residence requirements. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their proper officers, they being thereto duly authorized. CITY OF SANTA ANA, a Munici al Corporation F By C -'; �or ATTEST: Clerk of the Council RIVER VIEW GOLF, a California Corporation By 2.