23-0606_SAN JUAN HILLS GOLF CLUB, LP_Memorandum of LeaseExempt from Recording Fees
Government Code § 27383
When recorded, return to:
San Juan Hills Golf Club, LP
c/o, SunCoast Properties
6 Venture, Suite 100
Irvine, CA 92618
Attn: Roberto G. Brutocao
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
1 11 II III 111111 11111111 II NO FEE
*$ R 0 0 1 4 4 3 0 9 9 6$*
202300015620411:39 am 06129123
90 CR-SC06 M11 6
0.00 0.00 0.00 0.00 15.00 0.00 0.000.000.00 0.00
(Space Above for Recorder's Use)
MEMORANDUM OF LEASE
This Memorandum of Lease ("Memorandum"), dated to be effective as of
() 2023, is entered into by CITY OF SAN JUAN CAPISTRANO, a municipal
corporation and general law city ("Landlord"), and SAN JUAN HILLS GOLF CLUB, LP,
a California limited partnership ("Tenant").
1. Grant of Lease: Term. Landlord leases to Tenant, and Tenant leases from
Landlord, those certain premises in the City of San Juan Capistrano, County of Orange,
State of California more particularly described on Exhibit A attached hereto and
incorporated herein for a term of thirty (30) years, subject to the provisions of that certain
Ground Lease between the parties hereto, dated m_l� �w'i, I e. , 2023 ("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.
4. Termination. When the Lease is terminated, Tenant shall provide Landlord
with a quitclaim deed releasing all of Tenant's interest in and to said Land.
TENANT:
SAN JUAN HILLS GOLF CLUB, LP,
a California limited partnership
By: San Juan Hills Golf Club, Inc., a California
corporation, G eral PaMe
By:
R berto G. Brutocao, CEO
LANDLORD-
CITY OF SAN JUAN CAPISTRANO
ATTEST:
C isty Jakl, As istan�Cit Jerk
Approved as to Form:
�ALISHA WINTERSWYK
ASSISTANT CITY ATTORNEY
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 ) ss.
City of San Juan Capistrano )
(Gov't Code 40814 & Civil Code 118 1)
On June 28, 2023, before me, Christy Jakl, Assistant City Clerk, personally appeared
Beni amin Siegel, City Manager and Alisha Winterswyk, Assistant 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
(SEAL)
Capacity Claimed by Signers
City Manager
Assistant City Attorney
Title
Signer is Representing
City of San Juan Capistrano
WITNESS my hand and official seal.
risty, Jakl, A sista Cit Clerk
OPTIONAL
Description of Attached Document
Title or Type of Document
Memorandum of Lease
San Juan Hills Golf Club LP
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 )
) ss.
COUNTY OF ORANGE )
On r e _, 2023, before me, ,a Notary
Public, personally app ared
who proved to me on the basis of satisfactory evidence to be the person whose name
is subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the instrument the
person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the Stateof California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
*my
JOANNE C. JOHNSTON
Notary Public - California
Orange County
Commission N 2329460Signature (Seal) Comm. Expires Jul 1, 2014 M
EXHIBIT "A"
LEGAL DESCRIPTION
LEASE PARCEL:
In the City of San Juan Capistrano, County of Orange, State of California, being that portion of
Section 6, Township 8 South, Range 7 West of the San Bernardino Meridian according to the
Official Plat of said Land filed in the District Land Office, April 12, 1875, described as follows:
Commencing at the intersection of San Juan Creek Road with La Novia Avenue as shown on
Record of Survey No. 93-1022, filed in Book 144, Pages 37 through 49, inclusive, of Records of
Survey, in the Office of the County Recorder of said County; thence along the centerline of said
San Juan Creek Road, South 49°48'02" West 250.00 feet; thence perpendicular, North 40°11'58"
West 43.50 feet to a line parallel with and distant 43.50 feet northwesterly of said centerline of San
Juan Creek Road, said point being the True Point of Beginning; thence along said parallel line
South 49°48'02" West 533.20 feet; thence leaving said parallel line, North 39°32'58" West 296.54 feet
to the southeasterly line of San Juan Creek Channel as shown on said Record of Survey No. 93-
1022; thence along said southeasterly line the following two (2) courses:
1) North 55°24'34" East 356.95 feet to a curve concave northwesterly having a radius of 3944.83
feet and
2) northeasterly 175.11 feet along said curve through a central angle of 2°32'36" to a line that
bears North 40°11'58" West and passes through the True Point of Beginning
; thence leaving said southeasterly line, non -tangent from said curve South 40°11'58" East 248.40
feet to the True Point of Beginning.
Containing an area of 3.307 acres, more or less
Subject to Covenants, Conditions, Reservations, Restrictions, Rights of Way and Easements of
Record, if any.
Jas R. Kinnie, L.S. No. 7090
Date: 05/30/2023
SAND
R k�N� Gia
No. 7090
��9TFOF CA��F�� �
May 30, 2023
WO No. 1100-8
Page 1 of 1
H&A Legal No. 10513
By: J. Kinnie
Checked By: R. Wheeler
Sketch to Accompany Legal Description
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OF CA
INDICATES RECORD DATA PER 05/30/2023
RECORD OF SURVEY N0. 93-1022,
'oo�4—�
R.S.B. 144/37-49, JA R. KI IE, PLS 7090 DATED
HUNSAKER & ASSOCIATES LEASE PARCEL
I R V 1 N E I N C .
PLANNING ■ ENGINEERING ■ SURVEYING
Three Hughes • Irvine, CA 92618 • PH: (949) 583-1010 • FX: (949) 583.0759 CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA
DATE:05-30-23 iRm - - - �By. J. KINNIE By.G CK'd R. WHEELER SCALE: 1"= 60' W.O. 1100-8
FILE: I: Lo Novia LD 10513 SHT01.dw H&A LEGAL No. 105131 SHEET 1 OF 1