HomeMy WebLinkAboutRobert L. Mayer Corporation - 1989-04-28 CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
August 17, 1989
The Robert Mayer Corp.
660 Newport Center Drive, Suite 1050
P. 0. Box 8680
Newport Beach, CA 92658-8680
Attn: Shawn Millbern
Please furnish us with a recorded copy of the attached document.
We realize that we are not a direct party to the agreement but
would appreciate a copy for our records.
N"IG•OC'�/ 2'�Z��
Connie Brockway
City Clerk
CB:bt
Enc.
(Telephone: 714-536-5227)
THENVATERFIONT
August 14, 1989
Ms. Connie Brockway
Clerk of the City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92658
RE: The Waterfront
Memorandums of Lease with Restrictive Covenants
Dear Ms. Brockway:
Please find enclosed the following two original documents for your permanent files:
1. Memorandum of Lease with Restrictive Covenant-Phase 1 Lease
Recorded originally as document #89236585 and re-recorded with
corrections as document#89-393802.
This document memorializes the existence of the Phase 1 (Hilton Hotel)
lease and its restrictions against any development on the beach in front of
The Waterfront.
2. Memorandum of Lease with Restrictive Covenant - Third Amended and
Restated Lease
Recorded originally as document #89.-236584 and re-recorded with
corrections as document#89-393801.
This document memorializes the existence of the Third Amended and
Restated Lease (the balance of The Waterfront site) and its similar
restrictions against any development on the beach in front of The
Waterfront.
We do not request that you to provide us with certified copies of these documents
since they are of record at the County.
Sincerely,
Shawn K. Millbern
Project Manager
SKM/cml
encls.
The Robert Mayer Corporation
660 Newport Center Drive, Suite 1050, P.O. Box 8680, Newport Beach, CA 92658-8680 -Telephone (714)759-8091
THE NOTATION ON THE. BOTTOM OF PAGE#1 OF EACH MEMORANDUM
MAY MEAN:
Exhibit "B" is to replace
Exhibit "A" on both 89-393801 & 02
2007k/me
L89�C29.008,.4. ...._ �r . 89 -39380 I
ORIGINAL C10
tl � L �6
Recording Requested By and ) �"�DRECORDING REQUESTED BY
When Recorded Mail To: ) MAY 22 1 i8. ICOR TITLE INS. CO. OF CALIF.
R CORDED IN OFFICIAL RECORDS
THE ROBERT MAYER CORPORATION ) OF ORANGE COUNTY. CALIFORNIA
P. O. Box 8680 )
660 Newport Center Drive - ) -H U AM MAY-489
Suite 1050 ) $19,00
Newport Beach, CA 92658-8680 ) C16
Attn: Stephen K. Bone ) (,1.�
Re: Third Amended and ) RECORDER
Restated Lease )
MEMORANDUM OF LEASE CONTAINING
A RESTRICTIVE_COVENANT
This MEMORANDUM OF LEASE CONTAINING A RESTRICTIVE
COVENANT is made as of the 28th day of April ,
198 9 , by and among THE CITY OF HUNTINGTON BEACH, a municipal
corporation ("City") , THE REDEVELOPMENT AGENCY OF THE CITY OF
HUNTINGTON BEACH, a public agency ("Lessor") , and ROBERT L.
MAYER, as Trustee of the Robert L. Mayer Trust of 1982, dated
June 22 , 1982 , as amended ("Lessee") .
R E C I T A 'L S•
A. City and Lessee are parties to that certain Second
Amended and Restated Lease dated as of August 15, 1988
(hereinafter the "Original Lease") , made regarding certain J'
real property located in the City of Huntington Beach, County
of Orange, State of California (the "Original Leased
Premises") .
I
B. Lessor has succeeded to all of the City's fee
— interest in the Original Leased Premises and all of the
City's right, title, and interest in and to the Original
Lease.
C. On or about April 28th, , 1989, Lessor and
Lessee entered into that certain Third Amended and Restated
Lease (hereinafter the ."Lease'!) with regard to a portion of
the Original Leased Premises, said Lease being more
particularly described in that Memorandum of Lease recorded
as document number 89-225547 in the Office of the Recorder of
the County of Orange, which is made a part hereof by this
reference. The Lease supersedes the Original Lease with
respect to the Premises.
D. City is an owner in fee of that certain real
property located in the City of Huntington Beach, California,
This Memorandum of Lease .is being rerecorded to correct Exhibit "A"
description and map as shown on Exhibit "B"
39,11
UO
adjacent to the Premises and bounded on the north by the
right-of-way line for Pacific Coast Highway, on the east by
Huntington Beach State Park, on the south by the mean high
tide line of the Pacific Ocean, and on the west by an
imaginary line extending southward from the westerly side of
the intersection of Pacific Coast Highway and Huntington
Street (hereinafter referred to as the "City Beach
Property") . The City Beach Property is more particularly
described in Exhibit "A" attached hereto and made a part
hereof.
E. Pursuant to California Civil Code Section 1470 and
Section 8 . 5 of the Lease, Lessor, as fee owner of the
Premises, City, as fee owner of the City Beach Property, and
Lessee, as tenant of the Premises, desire to record this
Memorandum of Lease Containing A Restrictive Covenant to
memorialize the restrictions on development and use of the
City Beach Property set forth in the Lease.
M E M O R A N D U M:
1. The Commencement Date of the Lease was
April 28th , 1989.
2 . The Lease shall terminate on January 31, 2013 ,
unless sooner terminated or extended as provided in the
Lease, including without limitation Sections 1. 5, 1. 11, and
paragraph 4 of Exhibit "B" thereto.
3 . During the term of the Lease, as the same may be
modified or extended as provided therein (including without
limitation Sections 1.5, 1. 11, and paragraph 4 of Exhibit "B"
thereto) , the use and development of the City Beach Property
shall be restricted as set forth in Article VIII of the Lease
and paragraphs 20-23 of Exhibit "B" thereto.
4 . This Memorandum of Lease Containing A Restrictive
Covenant is only intended to provide notice of the existence
of the Lease and the aforementioned restrictive covenant
contained therein and. shall not be deemed to modify or amend
any of the provisions of the Lease. The Lease is a public
record and a true and correct copy of the Lease is available
for public review and inspection in the office of the City
Clerk of the City of Huntington Beach, whose address is 2000
Main Street, Huntington Beach, California, 92648.
-2-
V9r39 V VO 1.
STATE OF CALIFORNIA
ss:
COUNTY OF ORANGE
On the / day of , 19& before me, a Notary Public in and for
said County ind State, personally appeared
lrnnxxm to e
the-Maye1--� n L , known to me to be the
City Clerk of the City of Huntingtorf Beach, the municipal corporation that
executed the within instrument, known to me to be the persontwho executed the
within instrument on behalf of said municipal copporation and acknowledged to me
that such municipal corporation executed the same.
TIAA91 UA
OMMCOv�-W
STATE OF CALIFORNIA,
COUNTY OF ORANGE ss:
ktrg' 19 , before me, a Notary Public in and fo
personally appeared r said County and State,
kne„m +. ... _+� ,, +,,� _ - Connie Brockway, known to me to be the
Clerk of the Redevelopment Agency of the City of Huntington Beach and know to
me to be the person(g)who executed the within instrument on behalf of said public
agency and acknowledged to me that such public agency executed the same.
OAM A. NFUCH
WOt IA
COLWW
ftwoft Eom J*8, IM
c
STATE OF CNIA
ORANGE
COUNTY OF ORANGE ) 89-J93801 , 89-236584
rs )
On this Z.S day of _ ru 19 .YY , before me,
a Notary Public in and for said Coun y and State, personally appeared
� a
and eA;.hjK16 �,'2pGGiJ/!�l known to me to be the — . City Clerk
of 'the City of Huntington Beach, the municipal corporation that executed
the within instrument, known to me to be the persons who executed the
within instrument on behalf of said municipal corporation and acknowledged
to me that such municipal corporation executed the same.
0
4 ' Hid'u+'�wp��'�'PQ
tm��p�f
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
e
On Zr l9�, before me, a Notary Public of the State of
Calif rnia, personally appeared
+ ,e_.;.aj•-- -- -FA Connie Brockway, known to me to be the Clerk,
of the Redevelopment Agency of the City of Huntington Beach and known to
me to be the person/ who executed the within instrument on behalf of said
public aQe-ncV-arjd-a-ck that such public agency executed the
a
same. CK SM
MARY�
ELSON
ORAM
Debt J*81IM
i
- 89-393801_ 89=-
.236584
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be duly executed as of the day and year first
above written.
CITY OF HUNTINGTON BEACH
By:
Mayor
Attest:
City Clerk
"LESSOR" "LESSEE"
THE REDEVELOPMENT AGENCY OF THE ROBERT L. MAYER TRUST
t THE CITY OF HUNTINGTON BEACH OF 1982
e
By: �c.t <etc� By: u
Chairman Robert L. May r,
Trustee
Attest:
0
Approved as to Form:
City Attorney/Agency Counse 4-11 5
6xh/z/-/Z-,P7
Approved as to Form:
Special Agency Co nsel
7/112/065580-0001/081
-3-
89-'3938�
89-�2�6584.
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On this a '—day of , 1981-, before me,
the undersigned, a N t ry lic in and for said State,
personally appeared known to me
(4=—piv vz .emu tae" to be
the person who executed this instrument as the Mayor of THE
CITY OF HUNTINGTON BEACH, the public entity therein named,
and acknowledged to me that such entity executed the within
instrument.
WITNESS my hand and official seal.
OFFICIAL SEAL
UNDA S.PATTINSON
e �ORryA u11��ta ig ature of Notary Public
My fin,t o,Jwo 24,IM
(SEAL)
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On this'�S-- clay of 198f before me,
the undersigned, a Notary P lic in' and for said State,
personally appeared known to me
(er pr-9 to be
the person who executed this instrument as the Chairman of
THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, the
public entity therein named, and acknowledged to me that such
entity executed the within instrument.
WITNESS my hand and official seal.
Sigetu—reof Notary Public
(SEAL) UND OFFICIAL
IPATTINSON
Notary Public-California
ORANGE COUNTY
My Comm.Exp.June 24,1990
-4-
_ - • 85=393801
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On the day of , 1981 before
me, the undersigned, a N tary u is in and for said State,
personally appeared l alo ���7rr� , known to me to
be the person who executed this instrument as the Mayor of
THE CITY OF HUNTINGTON BEACH, the public entity therein
named, and acknowledged to me that such entity executed the
within instrument.
WITNESS my hand and official seal.
OFFICIAL SEAL
UNDA S.PATTINSON
pq public-California COUNTY
if�orn
wh+ ^ .J'ne 24,'9so Signature of Notary Public
(SEAL)
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On the day of , 1989 before ?
me, the undersigned, a r ary PiAlic in and for said State,
personally appeared � , known to me to
be the person who executed this instrument as the Chairman
of THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH,
the public entity therein named, and acknowledged to me that
such entity executed the within instrument.
WITNESS my hand and official seal.
QFRML SEAL
UNDA S.PATTINSON
Noory PaibllO-Callfornia
QRh%QE COUNTY -
My Own.Ev.June 24.1990 ignature of Notary Public
(SEAL)
A .
-4-
i 89-393801
89=236584
' STATE OF CALIFORNIA )
) ss.
r COUNTY OF ORANGE )
On this day of Qf \ l_ , 1981 before me,
the undersigned, a Notary Public in and for said State,
personally appeared Robert L. Mayer, known to me (or proved
to me on the basis of satisfactory evidence) to be the person
who executed the within instrument as Trustee of the Robert
L. Mayer Trust of 1982, dated June 22, 1982 , as amended, the
entity therein named, and acknowledged to me that he executed
the within instrument.
WITNESS my hand and official seal.
Signature of Notary Public
(SEAL)
OFFICIAL SEAL
MARLA D. ORLOFF
dam' NOTARY PUBLIC CALIFORNIA
PRINCIPAL OFFICE IN
ORANGE COUNTY
••' MY Commission Exp.April 12. 1991
�r
Siff -5-
89=393801'
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On his day of (� r-� , 1989,
before me the a undersigned, Notar Public in and for said
Y
State, personally appeared Robert L. Mayer, known to me (or
proved to me on the basis on satisfactory evidence) to be
the person who executed the within instrument as Trustee of
THE ROBERT L. MAYER TRUST OF 1982, dated June 22, 1982, as
amended, the entity therein named, and acknowledged to me
that he executed the within instrument.
WITNESS my hand and official seal.
4
Signature of Notary Pub
x 4
(SEAL)
,•` �' •, OFFICIAL SEAL
MARLA D. ORLOFF
s� NOTARY PUBLIC CALIFORNIA
_ • PRINCIPAL OFFICE IN
ORANGE COUNTY
•,,o ,,,. My Commission Exp.April 12,1991
-5-
89-39380 I 89-�236584*
EXHIBIT "A"
THAT PORTION OF SECTION 14, TOWNSHIP 6 SOUTH, RANGE 11 WEST, IN THE RANCHO LAS
BOSAS, IN THE CITY OF HUNIrIl1I= REACH, COUNTY OF ORANGE, STATE OF CALIFORNIA,'
AS PER MAP RECORDED IN BOOK 51, PAGE 14 OF MISCELEANEOUS NAPS IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NOR MEA.ST
QUARTER OF SAID SECTION; THENCE WESTERLY 111.91 FEET ALONG THE NORTH LINE OF
THE SOUTH HALF OF THE NORTHEAST -QUARTER OF SAID SECTION TO A POINT ON THE
WESTERLY LU E OF THE LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA IN
BOOK 6168, PAGE 667 OF OFFICIAL RECORDS, SAID POINT BEING THE TMM POINT OF
BEGINNING; THENCE SOUTH 30 29' 43" WEST 593.12 FEET; THENCE SOUTH 250 32' 14"
WEST 386.94 FEET; THENCE SOUTH 110 44' 36" EAST 771.48 FEET; THENCE SOUTH 78°
15' 24" WEST 82.75 FEET TO THE NORTHEASTERLY RIGHT OF WAY LINE OF PACIFIC COAST
HIGHWAY, AS DESCRIBED IN BOOK 455, PAGE 400 OF OFFICIAL RECORDS OF SAID ORANGE
COUNTY; THENCE ALONG SAID RIGHT OF FAY I NORTH 520 05' 09"
WEST 2409.77 FEET TO THE RIGHT OF HAY I OF HUNTINGTON AVENUE,
60.00 FEET IN WIDTfi AS NOW LAID OUT; THENCE ALONG SAID saynEAsTERLY RIGHT OF
HAY LINE, NORTH 37° 54' 51" EAST 299.35 FEET TO AN ANGIE POINT; THENCE NORTH 00
17' 36" EAST 20.44 FEET ALONG THE EAST RIGHT OF HAY LINE OF HUNTINGTON AVENUE,
60.00 FEET IN WIDTH AS NOW LAID OUT, TO THE NORTH LINE OF THE SOUTH HALL' OF THE
NORTHEAST QUARTER OF SAID SECTION; THENCE EASTERLY 1844.00 FEET ALONG SAID
NORTH LINE TO THE TRUE POINT OF BEGINNING.
EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE
NORTH LINE OF SAID LAND, NORTH 890 43' EAST 690.00 FEET FROM THE CENTER LINE OF
SAID HUNTINGTON AVENUE; THENCE NORTH 890 43' FAST 200.00 FEET; THENCE SOUTH 0°
17' EAST 150.00 FEET; THENCE SOUTH 89° 43' WEST 200.00 FEET; THENCE NORTH 0°
17' WEST 150.00 FEET TO THE POINT OF BEGINNING.
ALSO EXCEPT THAT PORTION INCIDDED WITHIN TRACT NO. 13045 AS PER NAP FILED IN
BOOK628, PAGES 46AND47 OF SAID MESCEIIANEOUS NAPS.
EXHIBIT "A"
PAGE 1 OF 2 !
IG-232
134.1204
3/1/89
89=393801' 89-23658
4
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EXHIBIT "A" 3-2 -69
SCALE: I" - 300' PAGE 2 OF 2 /34. /..,)04
69 393601
EXHIBIT `B�P
THAT PORTION OF FRACTIONAL SECTION 14, TOWNSHIP 6 SOUTH, RANGE 11
WEST, SAN BERNARDINO BASE AND MERIDIAN, IN RANCHO LAS BOLSAS, IN
THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS . PER MAP RECORDED IN BOOK 51, PAGE 14 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF COUNTY RECORDER OF SAID
COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST SOUTHEASTERLY TERMINUS OF THE SOUTHEASTERLY
RIGHT-OF-WAY LINE OF HUNTINGTON AVENUE, AS DESCRIBED IN THAT
CERTAIN AMENDMENT TO LEASE, RECORDED IN BOOK 5978, PAGE 910,
OFFICIAL RECORDS, (SAID RIGHT-OF-WAY LINE CITED IN SAID AMENDMENT
TO LEASE AS NORTH 37 DEGREES 54 MINUTES 51 SECONDS EAST 299.35
FEET) ; THENCE SOUTHWESTERLY ALONG A PROLONGATION OF SAID RIGHT-OF-
WAY LINE TO THE POINT OF INTERSECTION WITH THE NORTHEASTERLY LINE
OF THAT STRIP OF LAND DESCRIBED IN THAT CERTAIN INDENTURE,
RECORDED IN BOOK 139, PAGE 9 OF DEEDS, RECORD OF SAID COUNTY, SAID
POINT OF INTERSECTION BEING THE TRUE POINT OF BEGINNING; THENCE
CONTINUING SOUTHWESTERLY ALONG SAID PROLONGATION OF SAID RIGHT-OF-
WAY LINE TO A POINT OF INTERSECTION WITH THE LINE OF ORDINARY HIGH
TIDE OF THE PACIFIC OCEAN; THENCE SOUTHEASTERLY ALONG SAID
ORDINARY HIGH TIDE LINE TO A POINT OF INTERSECTION WITH THE
EASTERLY LINE OF SAID SECTION 14; THENCE NORTHERLY ALONG SAID
EASTERLY LINE OF SAID SECTION 14 TO A POINT OF INTERSECTION WITH
THE SOUTHWESTERLY LINE OF A STRIP OF LAND DESCRIBED IN THAT
CERTAIN CORPORATION GRANT DEED, RECORDED IN BOOK 259, PAGE 213 OF
DEEDS, RECORDS OF SAID COUNTY(SAID SOUTHWESTERLY LINE CITED IN
SAID DEED AS NORTH 53 DEGREES 06 MINUTES WEST 2579.28 FEET, MORE
OR LESS) ; THENCE NORTHWESTERLY ALONG SAID SOUTHWESTERLY LINE TO
THE MOST SOUTHERLY SOUTHEASTERLY CORNER OF A PIECE OF PARCEL OF
LAND DESCRIBED IN THAT .CERTAIN INDENTURE, RECORDED IN BOOK 506,
PAGE 448 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY LINE
THEREOF NORTH 68 DEGREES 56 MINUTES WEST 193.98 FEET TO THE POINT
OF INTERSECTION WITH THE NORTHEASTERLY LINE OF THAT STRIP OF LAND
DESCRIBED IN THAT CERTAIN INDENTURE RECORDED IN BOOK 139, PAGE 9
OF DEEDS, RECORDS OF SAID COUNTY; THENCE NORTHWESTERLY ALONG SAID
NORTHEASTERLY LINE TO THE TRUE POINT OF BEGINNING.
EXHIBIT
Page 3 of i�
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Q RECORDING REQUESTED BY
/fib \ TICOR TITLE INS. CO. OF CALIF,
, �i�
LQ RECORDED IN OFFICIAL RECORDS
° � / OF ORANGE COUNTY,CALIFORNIA
Q -1120 AM JUL 26 89
3
i Q' RECORDER
EXHIBIT
Page -._4).of _.4.,
THE NOTATION ON THE BOTTOM OF PAGE:41 OF EACH MEMORANDUM
MAY MEAN:
Exhibit "B" is to replace
Exhibit "A" on both 89-393801 & 02
2007k/me
i
-393802.
89
ORIGINAL RECORDING REQUESTED BY
Recording Requested By and ) TICOR TITLE INS. CO. OF CALhF9.
When Recorded Mail To: ) $29.00 RECORDED IN OFFICIAL RECORDSNI
CIO OF ORANGE COUNTY. CAUFORNIA Lnln, l�
M s
THE ROBERT MAYER CORPORATION )
P. 0. BOX 8680 ) .1115AM MAY-4'89 `9'9
660 Newport Center Drive ) $19 00
-Suite 1050 )
Newport Beach, CA 92658-8680 )jOft C16 Q' RECORDER.;
Attn: Stephen K. Bone )
Re: Phase 1 Lease )
7,- Lea.S Q.
MEMORANDUM OF LEASE CONTAINING
A RESTRICTIVE COVENANT
This MEMORANDUM OF LEASE CONTAINING A RESTRICTIVE
COVENANT is made as of the 28th day of April ,
198 9 , by and among THE CITY OF HUNTINGTON BEACH, a municipal
corporation ("City") , THE REDEVELOPMENT AGENCY OF THE CITY OF
HUNTINGTON BEACH, a public agency ("Lessor") , and WATERFRONT
CONSTRUCTION NO. 1, a California limited partnership
("Lessee") .
R E C I T A L S:
A. City and ROBERT L. MAYER, as Trustee of the Robert
L. Mayer Trust of 1982, dated June 22, 1982, as amended (the
"Original Lessee") , are parties to that certain Second
Amended and Restated Lease dated as of August 15, 1988
(hereinafter the "Original Lease") , made regarding certain
real property located in the City of Huntington Beach, County
of Orange, State of California (the "Original Leased
Premises") .
B. Lessor has succeeded to all of the City's fee
interest in the Original Leased Premises and all of the
City's right, title, and interest in and to the Original
Lease.
C. Lessee has succeeded to all of the right, title,
and interest -of the Original Lessee in and to a portion of
the Original Leased Premises pursuant to a separate Lease
dated on or about April 28th, , 1989 (hereinafter the
"Lease") , said Lease being more particularly described in
that Memorandum of Lease recorded as document number 89-225546
in the office of the Recorder of the County of Orange, which
is made a part hereof by this reference.
D. City is an owner in fee of that certain real
property located in the City of Huntington Beach, California,
This Memorandum of Lease is being rerecorded to correct Exhibit "A"
description and map as shown as Exhibit "B"
• • 89-393802 � 85
89-23fi5
adjacent to the Premises and bounded on the north by the
right-of-way line for Pacific Coast Highway, on the east by
Huntington Beach State Park, on the south by the mean high
tide line of the Pacific Ocean, and on the west by an
imaginary line extending southward from the westerly side of
the intersection of Pacific Coast Highway and Huntington
Street (hereinafter referred to as the "City Beach
Property") . The City Beach Property is more particularly
described in Exhibit "A" attached hereto and made a part
hereof.
E. Pursuant to California Civil Code Section 1470 and
Section 8.5 of the Lease, Lessor, as fee owner of the
Premises, City, as fee owner of the City Beach . Property, and - --
Lessee,- as--tenant -of the Premisest desire to record this
Memorandum of Lease Containing A Restrictive Covenant to
memorialize the restrictions on development and use of the
City Beach Property set forth in the Lease.
M E M O R A N D U M•
1. The Commencement Date of the Lease was
A ril 28th , 1989.
2. The Lease shall terminate on December 31, 2086,
unless sooner terminated as provided in the Lease.
3. During the term of the Lease, the use and
development of the City Beach Property shall be restricted as
set forth in Article VIII of the Lease.
4 . This Memorandum of Lease Containing A Restrictive
Covenant is only intended to provide notice of the existence
of the Lease and the aforementioned restrictive covenant
contained therein and shall not be deemed to modify or amend
any of the provisions of the Lease. The Lease is a public
record and a true and correct copy of the Lease is available
for public review and inspection in the office of the City
Clerk of the City of Huntington Beach, whose address is 2000
Main Street, Huntington Beach, California, 92648.
-2-
s
t 8J--393802
r
STATE OF CALIFORNIA
ss:
COUNTY OF ORANGE
On 19k, before me, a Notary Public in and for said County and State,
e s ally appeared
, Connie Brockway, known to me to be the
Clerk of the Redevelopment Agency of the City of Huntington Beach and know to
me to be the person(l)who executed the within instrument on behalf of said public
agency and acknowledged to me that such public agency executed the same.
oesc�crcx�
LAURA A.E1.SDN
t+�
ARY A cauroRNut
CRAMMCOUM
Vy� aka► Mi
V
STATE OF CALIFORNIA )ss.
COUNTY OF ORANGE )
On 19, before me, a Notary Public of the State of California, personally
appe d , and Connie Brockway, known to me to be the
City Clerk, of the City of Huntington Beach and known to me to be the persons who executed the within
instrument on behalf of said public agency and acknowledged to me that such municipal corporation
executed the same. WITNESS m and and official seal.
`, }RAAetAt.SM
- '"' 8g--393802 8R36585
`• IN WITNESS WHEREOF, the parties hereto have caused this
.! instrument to be duly executed as of the day and year first
above written.
CITY OF HUNTINGTON BEACH
By: vdzc�0-e�
Mayor
Attest:
City Clerk
"LESSOR" "LESSEE"
THE REDEVELOPMENT AGENCY OF WATERFRONT CONSTRUCTION
THE CITY OF HUNTINGTON BEACH NO. 1, a California
limited partnership
By: The Waterfront, Inc. ,
By: a California corpora-
Chairman tion
Attest: By:
obert L. ayzo<o� .
• Chairman of T Board/
Chief Financial Officer
Approved as to Form: By:
S ep en K. .Bone
President
City Attorney/Agency Counsel
e .
Approved as to Form:
Special Agency Counsel
•��
--•, 7/112/065580-0001/082
-3-
1
STATE OF CALIFORNIA ) 9--2�6585
COUNTY OF ORANGE ) 89-393802 8 8 85
On CA►U Y A , 19A, before me, a Notary Public of the State of
Californ—ia, personally appeared
Connie Brockway, known to me to be the Clerk,
of the Redevelopment Agency of the City of Huntington Beach and known to
me to be the person/who executed the within instrument on behalf of said
public aaeqDnc snow e that such public agency executed the
same.
MICK
j E ? MAatr PU8WCMJr0RNAORAME
f
89-393802
!� STATE OF CALIFORNIA )
ss.
COUNTY OF oRANCE )
On the [��, day of , 198 7 . before
me, the undersigned, a �1Nota lid in and for said state,
personally appeared �, known to me to
be the person who executed this instrument as the Mayor of
THE CITY OF HUNTINGTON BEACH, the public entity therein
named, and acknowledged to me that such entity executed the
within instrument.
WITNESS m hand and official seal.
OFFICIAL SEAL
UNDA S.PArnN"
licCP ubs
P
My up - - - -
o0fY1'�',��2s't�so i nature of Notary Public
(SEAL)
STATE OF CALIFORNIA )
)ss.
COUNTY OF ORANGE )
^ i
On the day of , 198 7, before
me, the undersigned, a ota Pu lic and for said State,
personally appeared , known to me to
be the person who executed this instrument as the Chairman
of THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH,
the public entity therein named, and acknowledged to me that
such entity executed the within instrument.
WITNESS tinba and official seal.
OFFICIAUNDA S.P N
"ry PL6k>wC lltorni&
oRg4'E COUNW
1J1y Ctxnn.E�..Iuna 2�,1990 "���~�
'g ature of Notary Public
(SEAL)
-4-
3938UZ 89=236585
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On this A , *ay of 198 , before me,
the undersigned, a o ary Pplic in and for said State,
personally appeared known to me
to be
the person who executed this instrument as the Mayor of THE
CITY OF HUNTINGTON BEACH, the public entity therein named,
and acknowledged to me that such entity executed the within
instrument.
WITNESS my hand and official seal.
OFFICIAL SEAL
UNDA S.PATTINSON
NotaryPut�lc- -alliornla ature of Notary Public
® ORANGE COUNTY
L y Comm.Exp.June 24.1990
(SEAL)
STATE OF CALIFORNIA )
)ss.
COUNTY OF ORANGE )
On this�S�ay of _, 1987, before me,
the undersigned, a o ary lic in and for said State,
personally appeared , known to me
-for -proved !-- me en the basis, of sat-i nAd dance) to be
the person who executed this instrument as the Chairman of
THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, the
public entity therein named, and acknowledged to me that such
entity executed the within instrument.
WITNESS my hand and official se 1.
ig ature of Notary Public
OFFICIAL SEAL
(SEAL) LINDA S. PATTINSON
Notary Publlo-CalNomla
♦ ORANGE COUNTY
#Ay Own.Exp.June 24.19
r
-4-
t
85=393802
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
t`cS—
On t 4a- ` � day of � �C _ , 1989,
before me, the undersigned, a Notary Public in and for said
State, personally appeared Robert L. Mayer, known to me (or
proved to me cn the basis on satisfactory evidence) to be
the person who executed the within instrument as Trustee of
THE ROBERT L. MAYER TRUST OF 1982, dated June 22, 1982, as
amended, the entity therein named, and acknowledged to me
that he executed the within instrument.
WITNESS my hand and official seal.
C'a-y)" d/ r 7
S gnature of Notary Public
(SEAL) OFFJ:M W-4L
MARIA 0.ORLOFF
PMNWAI OFFICE M
my cmMin"tip.April 12. 1"1
-5-
89=393802
89���6585 ,
STATE OF CALIFORNIA }
)ss.
COUNTY OF ORANGE )
On this 4th day of April, 1989, before we, the
undersigned, a Notary Public in and for said State,
personally appeared Robert L. Mayer and Stephen K. Bone,
known to me (or proven to me on the basis of satisfactory
evidence) to be the persons who executed the within
instrument as Chairman of The Board and Chief Financial -
Officer and President - of --The Waterfront, Inc. , General
Partner of WATERFRONT CONSTRUCTION NO. 1, the partnership
therein named, and acknowledged to me that they executed the
within instrument.
WITNESS my hand and official seal.
D.
_
Signature of Notary Public
(SEAL) '' CFFICIAL SEAL T
MARLA D.'ORLDFF
+q NOTARY PUBLIC CALSFORNIA
- PRINCIPAL OFFICE IN
ORAW-C CWNTY
Mr COmmiu;w EiG-Apr$ 12. 1991
M= "A"
89=393802
AIL MM CERIAM IANDS IN ME CITY OF MJNTINGTM BEAM, C.1XJ T Y OF aWlGE,
STATE OF CALIFIOMIA, DESCRIBED AS FOLif M:
PARCEL 1:
lOr 1 OF TRACT NO. 1304 5 AS PER MAP FIIEi3 IN BOOK 6 2$ PAGES 4 6 AND 4 7 OF MISCEIr
IANEOUS MAPS IN ME OFFICE OF WE OOUM FOOME R OF SAID COUNTY.
PARCEL 2:
MW PORTIM OF ME NO PM HALF OF ME MMTA3T QIA Y= OF SEXMICN 141 71OWNSHIP
6 SOUTH, RANGE 11 WEST, IN M RANGE D LAS BOLSAS, AS PER MAP F M IN BOOK 51,
PAGE 14 OF MISCEUANEOUS MAPS, IN RITE OFFICE OF ME CMNI'Y REMMER OF SAID
COUNTY, DESCRIBED AS FOLiI.7FS:
E ESINNING AT A POII,T IN 00 SOUM LZ OF SAID NORIf3 NAIF 7T IS DISTANT
'iEERDW NC H 89' 43' 07" FAST 103.28 FAT FMX CENTER LINE OF HURrINMW
SIIEF.'T, AS SHOWN ON ROCIO 2D OF SURVEY NO. 81-I151, FILED IN BOOK 103, PAGES 28
AND 29 OF RDCCNB OF SURVEY IN MM OFT'ICE OF SAID CSXffl'Y MnMM, SAID 'POINT
BEING ClN A NON-rDUM T 2355.00 FOOT RADIUS CURVE THAT IS CONCAVE SaMMESTERI.Y.
A RADIAL TO SAID POINT BEARS NORM 316 56' 25" FAST; REh10E NCFM94ESTERLY 5.94
FE r ALONG SAID CURVE THROUGH A CE31MAL At;GIE OF 0' 08' 40" M MM BEGINNIM OF
A 32.00 T= RADIUS CURVE UfAT IS CONCAVE SOUIIMY; TH N= WESTERLY 41.11 FEET
AIM SAID CURVE 'THROUGH A CENTRAL ANGIF OF 73' 36' 25" TO SAID SOUIfi ID+]E;
THENCE NOM 89. 43' 07" FAST 43.24 FEET ALONG SAID SOUTH TO 7HE FOIZNT OF
BE7GII NIM.
AIL AS MM ON 'THE ATMCIED PAGE 2 OF I S EXHIBIT "A" ATTACIM HEREIn AND
MAE A PART IT=F.
EX HIM "A"
PAGE 1 OF 2
Ira-231
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R - 32.00' C0
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N 31 47_35" E` f 3O. N 89°43'07" E 43.24' OD
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PARCEL 2 �_� —�-7
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LOT i
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= i
CiFtC COAST HIGHWAY
— PA
EXHIBIT "A" 3-2-89
SCALE s 1" 80' PAGE 2 OF 2 /34,1104
89 3802
EXHIBIT
THAT PORTION OF FRACTIONAL SECTION 14, TOWNSHIP 6 SOUTH, RANGE 11
WEST, SAN BERNARDINO BASE AND MERIDIAN, IN RANCHO LAS BOLSAS, IN
THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 14 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF COUNTY RECORDER OF SAID
COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST SOUTHEASTERLY TERMINUS OF THE SOUTHEASTERLY
RIGHT-OF-WAY LINE OF HUNTINGTON AVENUE, AS DESCRIBED IN THAT
CERTAIN AMENDMENT TO LEASE, RECORDED IN BOOK 5978, PAGE 910,
OFFICIAL RECORDS, (SAID RIGHT-OF-WAY LINE CITED IN SAID AMENDMENT
TO LEASE AS NORTH 37 DEGREES 54 MINUTES 51 SECONDS EAST 299.35
FEET) ; THENCE SOUTHWESTERLY ALONG A PROLONGATION OF SAID RIGHT-OF-
WAY LINE TO THE POINT OF INTERSECTION WITH THE NORTHEASTERLY LINE
OF THAT STRIP OF LAND DESCRIBED IN THAT CERTAIN INDENTURE,
RECORDED IN BOOK 1391 PAGE 9 OF DEEDS, RECORD OF SAID COUNTY, SAID
POINT OF INTERSECTION BEING THE TRUE POINT OF BEGINNING; THENCE
CONTINUING SOUTHWESTERLY ALONG SAID PROLONGATION OF SAID RIGHT-OF-
WAY LINE TO A POINT OF INTERSECTION WITH THE LINE OF ORDINARY HIGH
TIDE OF THE PACIFIC OCEAN; THENCE SOUTHEASTERLY ALONG SAID
ORDINARY HIGH TIDE LINE TO A POINT OF INTERSECTION WITH THE
EASTERLY LINE OF SAID SECTION 14 ; THENCE NORTHERLY ALONG SAID
EASTERLY LINE OF SAID SECTION 14 TO A POINT OF INTERSECTION WITH
THE SOUTHWESTERLY LINE OF A STRIP OF LAND DESCRIBED IN THAT
CERTAIN CORPORATION GRANT DEED, RECORDED IN BOOK 259, PAGE 213 OF
DEEDS, RECORDS OF SAID COUNTY(SAID SOUTHWESTERLY LINE CITED IN
SAID DEED AS NORTH 53 DEGREES 06 MINUTES WEST 2579.28 FEET, MORE
OR LESS) ; THENCE NORTHWESTERLY ALONG SAID SOUTHWESTERLY LINE TO
THE MOST SOUTHERLY SOUTHEASTERLY CORNER OF A PIECE OF PARCEL OF
LAND DESCRIBED IN THAT CERTAIN INDENTURE, RECORDED IN BOOK 506,
PAGE 448 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY LINE
THEREOF NORTH 68 DEGREES 56 MINUTES WEST 193,98 FEET TO THE POINT
OF INTERSECTION WITH THE NORTHEASTERLY LINE OF THAT STRIP OF LAND
DESCRIBED IN THAT CERTAIN INDENTURE RECORDED IN BOOK 139, PAGE 9
OF DEEDS, RECORDS OF SAID COUNTY; THENCE NORTHWESTERLY ALONG SAID
NORTHEASTERLY LINE TO THE TRUE POINT OF BEGINNING.
EXHIBIT :IIV
Page 'i3 of
iN]M ISYI,11 3 /
27il79 l�.ry yeaisawr/vl HJd'�8 ; /�!/ / _
.9,91
� I
I �
Subject
BY
x ►� P'a
y5�
RECORDING RE fl OF CA 1f•
-neoR TITLE INS.C
�I aECORDED IN OFFICIAL RECORDS
its' / OF ORANGE COUNTY-CAUFORNIA
r�a AM JUL 26'89
.112o
Q a,c-/-�RECORDER
/
EXHIBIT
Page.-It. -of lf�