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20-0601_SCHWARTZ FAMILY TRUST & STEVE HUFSTEDLER REVOCABLE TRUST_Memo of Ground LeaseRecorded in Official Records, Orange County Hugh Nguyen, Clerk-Recorder 1111 111111 11� 11111111111 ItII1111 111 NO FEE *$ R 0 0 1 1 9 6 9 0 2 0$* 2020000439724 3:21 pm 08126120 7 Sec2A M11 8 0.00 0.00 0.00 0.00 21.00 0.00 0.000.000.00 0.00 When recorded, return to: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attention: City Manager Fee Exempt per Cal. Gov. Code, §§ 27383 (Space Above for Recorder's Use) Assessor Parcel Number 668-241-38 MEMORANDUM OF GROUND LEASE This MEMORANDUM OF GROUND LEASE ("Memorandum"), dated to be effective as of June 1, 2020, is entered into by THE S. ALAN SCHWARTZ AND JACQUELINE F. SCHWARTZ FAMILY TRUST dated April 26, 1985 and THE STEVE HUFSTEDLER REVOCABLE TRUST under DECLARATION OF TRUST dated November 10, 2017 ("Landlord") and the CITY OF SAN JUAN CAPISTRANO, a municipal corporation and general law city ("City" or "Tenant"). 1. Grant of Lease: Tenn. Landlord leases to Tenant, and Tenant leases from Landlord, those certain premises located in the City of San Juan Capistrano, County of Orange, State of California, comprised of portions of Assessor Parcel Numbers 668-241-38, and legally described and depicted in Exhibit 1 attached hereto and incorporated herein ("Premises"), for thirteen (13) years (the "Initial Term"), subject to the provisions of that certain Ground Lease between the parties hereto, dated June 1, 2020 ("Lease"). The provisions of the Lease are incorporated herein by this reference. 2. Purpose. This Memorandum is prepared for the purpose of recordation only, and it in no way modifies the provisions of the Lease. In the event of any inconsistency between the provisions of this Memorandum and the Lease, the provisions of the Lease shall prevail. 3. Miscellaneous. The parties have executed this Memorandum of Lease as of the date first set forth above on the dates and at the places indicated in their acknowledgments below. 61147.10050\32718497.1 61147.10050\32718497.2 4. Termination. When the Lease expires or is terminated, Tenant and Landlord shall execute and deliver a termination of this Memorandum in form for recordation. [SIGNATURES ARE ON THE FOLLOWING PAGE] 61147.10050132718497.1 61147.100501327184972 APPROVED AS TO FORM: 92! '/ Jeff Ballinger, City Attorney 61147.10050\7271&197.1 61147.I005W271U971 LANDLORD: THE S. ALAN SCHWARTZ and JACQUELINE F. SCHWARTZ FAMILY TRUST dated April 26, 1985 and THE STEVE HUFSTEDLER REVOCABLE TRUST under DECLARATION OF TRUST dated November 10, 2017 By: G tee �'G ff fg By: ", <N<s�)cz , Trustee TENANT: CITY OF SAN JUAN CAPISTRANO BY: lar; ,rli j mi Si gel, qty Manager ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ORANGE Onf t q 17 2024 beforeme, 5 Sa K� —/t �� f m A . Notary Public, personall appeared _,7 wcgkel h+z F. , 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: ) (seal) BUB�N A. NIWRN j COMM, a2168945 z Nolary Pu61ic � Celihrnia o oma9a CgWlr I Comm. Es0lres Nov. 16, 2021 61147.10050\32716497.1 61147.10050\32716497.2 r ��Z Z H� M;' ,) .� Wl}��'YM.4'r :'JI �� vfdi il__IM R... �..] 1 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ORANGE On Q 2 2020 efore me, A b CAS Notary Public, personal y appeared .S who proved to me on the basis of satisfactory evidence to be the person( whose namek) is/vat subscribed to the within instrument and acknowledged to me that hejAe/tWy executed the same in his4w/tWr authorized capacity*§), and that by his/her/th4ir signatureXon the instrument the person(); or the entity upon behalf of which the personpiracted, 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. ,•*��•�,, HOB CHEN WITNESS m hand and official seal. �' :� 'TAR # 2300186 ►n y N p ei ? NOTARY PUBIIc•CAUFO' N Oeu:,E cca.vT' '� ++e. Mt Cceu. Exv. Au 31.2023: Signature: (seal) 61147.10050132718497.1 5 61147. 10050\32718497.2 PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) as. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 1181) On August 18, 2020, before me, Maria Morris, City Clerk, personally appeared Benjamin Siegel, City Manager and Jeffrey Ballinger, City Attorney, who proved to me on the basis of satisfactory evidence to the be 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/there signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (SEAL) OPTIONAL Capacity Claimed by Signers Description of Attached Document Title or Type of Document City Manager City Attorney Title Signer is Representing City of San Juan Capistrano Memorandum of Ground Lease APN 668-241-38 Schwartz Family Trust RECORDING REQUESTED aY DEPARTMENT OF TRANSPORTATION WHEN RECORDED MAIL TO: STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION 1750 E. ON STREET. SUITE 100 SANTA ANA, CALIFORNIA 92705 ATTN: EVANGELINA WASHINGTON RNV TITLES b ESCROW RW Atop Na: E120M APN: NA DIRECTOR'S DEED GRANT -00022 EXHIBIT 1 Recorded In Official Records, Orange County Huh Nguyen, Clerk -Recorder IjI IIIIffjIjjMjIAji, qflj III JIT 36.00 S A 0 0 1 0 1 0 7 1. 2018000241498 8:48 am 07102118 37 416 010 1123 6.60 6.60 0.00 0.00 30.00 0.00 0.000.000.00 0.00 n , The Oq)+ts1 DoewnewAmy trand" ha Is 4 $ .� Canp[e0 an fid vWw of property amwayEd at Carp" on U vdw Ica v" d0= or w wrtOr== renMip at ams orode. U&Mmwdw Amo X Ceyd San Am Capbbano oftwd Ccuny Rout* Pastmtt* Number DD102499-01-01 12 ORA 5 9.6 1024992 1024993 The State Of Califoml% acting by and through Its Director of Transportation, hereinafter called STATE, hereby grants to The S. Alan Schwartz and Jacqueline F. Schwartz Family Trust dated April 26;1985 and The Steve Hufstedter Revocable Trust under Declaration of Trust dated November 10, 2017. hereinafter called GRANTEE. that real property In the City of Son Juan Capistrano. County of Orange. State of California. as fellow Parcel DD102499-01-01 dewtied in the attached Exhibit 'N. and shown In the attached Exhibit Z. which by these references are Included herein and made a part hereof EXCEPTING unto the STATE an vehicle access rights to the aQaceru public way aver and stress that Line described and shown as Parcel OD102499-01-01 Vehicle Access Dental Una to said attached Exhibtt A' and Exhibit'&. RESERVING unto SAN DIEGO GAS & ELECTRIC COMPANY an casement as stated in the attached Exhibit'C', which by this reference Is included herein and made a part hereof; upon, over, under, and across that land described and shown as Parcel 102499.2 In said attached Exhibit'A' and Exhibit 'S. RESERVING unto COX COMMUNICATIONS CALIFORNIA, LLC.. A DELAWARE LIMITED LIABILITY COMPANY an easement for utility purposes upon, over, under, and across that land described and shown as Parcel 102499.3 in said attached Exhibit 'A' and Exhibit 'S'. There shall be no abutter's rights, Including rights of occas, appurtenant to the above described real property M and to the adjacent STATE frooway. Subject to spedel assessmerds H any. restrictions. reservations, and easements of record. MAIL TAX STATEMENTS TO: 13402 Eton Place Santa Ana, CA 92705 61147.10050132718497.1 61147.10050132718497.2 0 R714 - INST. NO. 2014000364295, REC. 9-S£P-2014, OFFICIAL RECORDS OF ORANGE CO.. CA R724 - INST. NO. 2014000336807, REC. 20 -AUG -2014, OFFICIAL RECORDS OF ORANGE CO., CA NOTE, DISTANCES ARE USFT GRID. DIVIDE GRID BY 0.99995716 TO OBTAIN USFT GROUND DISTANCES. ACCEMOSMAL CURVE TABLE+ urltirr EASE. RESERVATION t . , . , . DELTA RADIUS LENOrR 102499-J C261 11.06.57• 63.69• f P. 40• AR: AREA 10 SO.Ir P.oa_ C262 6r 05131' 26.13• 26. Jr _TRUE _ - Yq$.. ro241*3 C263 4P' 01.09• F9.18* r 4, r r a0249p•P � � UTItfTr EASE. RESERVATION �. moi; ', L9�I$=5 E264 2t•SS'Od' 70. lP' 26.90' 102499-2 C27/ 14.45.09• 70. Jr 18.111 AREA 04 S0.rr py6 _ 0272 02.36'00• 70. jr 364' 1/OI ►J�fYg�1�A Q,�, i G% O i `s LINE TABLET p a.0• y�65yQ�� ,`,� '� °jP ;a N BEARING wsr. C y E p_ p' 1991 S21•S1'Orr 47. JO' P '4 Kit tl'EfwiLTf4T t �'� vIMItLE;,Y 10 J L992 N77.49.16•W 10.69• ACC[SS R/GNTS ',� '� .9 L993 1174'59'55'0 6.59' RETAINED Br STATE v 4, L994 47r•55. 50-11 F. l01 1996 _ L997 FEE L995 927.06'36•E 11.34' A#Al% 102499-01-0 1 y L996 N30'IJ'r1-E 4.42' %01A AZA 4a AREA S7l7 ;00p1 PER R.SB. 6/3P4! 1496 Nlr O!•LINE 'Iffr PER L99? M60-1 1 39•E lS. Os' L999 9SP56-46-t J7.111 p AaV0% L I O00 SOD- 26' Iry 84.22, w (� PAS: EXISTING STATE R/r L1011 543-24.06-f 3.79' .� , ODM2499.OIMOf PER 01.5b.246IJ2.43 11012 d4T'1 5'041E J. 60' ALL ABUTTER'S RIGNTS. LI Of 3 94L'45'29'* J. 73' N13. INCLUDING ACCESS RIGNTS. Lf 021 N53'S6146•E 9.37' �'• RETAINED Br STATE LOOM S!8' 1 r 38•E J.831 L1023 NS4' 33' 08'E S.11 L1024 NJJ•07.4J'w 1.9r 1pR C N L0025 SSJ'S6'46.W 5.27' ' COfRSE 417 of EXHIBIT fB' SKETCH 'LINE DESCRIPTION r TO ACCOMPANY LEGAL DESCRIPTION Rp6� ti1,f�(1 PER R714 PAGE 2 OF 2 El1Sr1ND pla6jpb/I.9 �r TAIMMfr.f�SOMME A CGE oon 0Ar9KN RAIN" wA&VOISTMir/iMCZS 0• COMNfNAA IA[70A, ANM/714 (CNOVNO-CNlOR'OV111NN0/ACTON/ R/IT BOT. p.%' Nor TO SCALE 61147.10050\32718497.1 61147.10050132718497.2