Loading...
HomeMy WebLinkAboutC-7349-30 - Beacon Bay, 66 - Termination of Leasehold 2024RECORDING REQUESTED BY: WFG National Title Company of California AND WHEN RECORDED MAIL TO: City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Attn: City Clerk Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder II I I III II I II I I I II I I I I I II I II 22.00 *$ R 0 0 1 5 2 0 1 6 1 5$ 2024000268522 8:00 am 10/16/24 9 NC-5 T02 6 0.00 0.00 0.00 0.00 15.00 0.00 0.000.000.00 0.00 (Exempt From Recording Fees Pursuant to SPACE ABOVE Government Code 27383) TERMINATION OF LEASEHOLD (Please fill in document title(s) on this line) ® Exempt from fee per GC27388.1 due to being recorded in connection with concurrent transfer that is subject to the imposition of documentary transfer tax, or, ❑ Exempt from fee per GC273881 due to the maximum fees being paid on documents in this transaction, or, ❑ Exempt from fee per GC27388.1 due to being recorded in connection with concurrent transfer that is a residential dwelling to an owner -occupier, or, ❑ Exempt from the fee per GC 27388.1 (a) (1); Not related to real property, or, ❑ Exempt from fee under GC27388.1 for the following reasons: NOTE: The following exemptions may not be acceptable for use in all counties: ❑ Exempt from fee per GC27388.1 due to being recorded in connection with a transfer that was subject to documentary transfer tax which was paid on document recorded previously on (date) as document number of Official Records, or, ❑ Exempt from fee per GC27388.1 due to the maximum fees having been paid on documents in the transaction(s) recorded previously on (date) as document number(s) of Official Records, or ❑ Exempt from fee per GC27388.1 due to it being recorded in connection with a transfer of real property that is a residential dwelling to an owner -occupier. The recorded document transferring the dwelling to the owner -occupier was recorded on (date) as document number(s) of Official Records. THIS PAGE ADDED TO PROVIDE EXEMPTION INFORMATION FOR THE BUILDING HOMES AND JOBS ACT FEE (SB-2 Atkins; AFFORDABLE HOUSING FEE) (Additional recording fee applies) RECORDING REQUESTED BY: WFG National Title Company of California AND WHEN RECORDED MAIL TO: City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Attn: City Clerk (Exempt From Recording Fees Pursuant to SPACE ABOVE THIS LINE FOR RECORDER'S USE Government Code 27383) TERMINATION OF LEASEHOLD (Please fill in document title(s) on this line) ® Exempt from fee per GC27388.1 due to being recorded in connection with concurrent transfer that is subject to the imposition of documentary transfer tax, or, ❑ Exempt from fee per GC27388.1 due to the maximum fees being paid on documents in this transaction, or, ❑ Exempt from fee per GC27388.1 due to being recorded in connection with concurrent transfer that is a residential dwelling to an owner -occupier, or, ❑ Exempt from the fee per GC 27388.1 (a) (1); Not related to real property, or, ❑ Exempt from fee under GC27388.1 for the following reasons: NOTE: The following exemptions may not be acceptable for use in all counties: ❑ Exempt from fee per GC27388.1 due to being recorded in connection with a transfer that was subject to documentary transfer tax which was paid on document recorded previously on (date) as document number of Official Records, or, ❑ Exempt from fee per GC27388.1 due to the maximum fees having been paid on documents in the transaction(s) recorded previously on (date) as document number(s) of Official Records, or ❑ Exempt from fee per GC27388.1 due to it being recorded in connection with a transfer of real property that is a residential dwelling to an owner -occupier. The recorded document transferring the dwelling to the owner -occupier was recorded on (date) as document number(s) of Official Records. THIS PAGE ADDED TO PROVIDE EXEMPTION INFORMATION FOR THE BUILDING HOMES AND JOBS ACT FEE (SB-2 Atkins; AFFORDABLE HOUSING FEE) (Additional recording fee applies) RECOPDING REQUESTED BY: WFQ TITLE COMPANY OF CALIFORNIA Recording Requested By and When Recorded Return To: City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Attn: City Clerk (Exempt From Recording Fees Pursuant to Government Code § 27383) (SPACE ABOVE THIS LINE FOR RECORDER'S USE) TERMINATION OF LEASEHOLD This Termination of Leasehold is made this k J day of October, 2024, by and between the CITY OF NEWPORT BEACH, a California municipal corporation, Tidelands trustee, and charter city hereinafter called "Lessor", and GARETH R. ASHWORTH, Trustee of the GARETH R. ASHWORTH REVOCABLE TRUST, dated March 20, 2014, hereinafter called "Lessee". RECITALS A. Lessor and Gareth Richard Ashworth, an unmarried man, executed a lease on August 21, 2013, for which a Memorandum of Lease was recorded August 22, 2013, by the County Recorder of Orange County, California as Instrument No. 2013000498974. By the terms of the Lease, the following described property was leased to Lessee until August 21, 2063. Lot 5 of the eastside addition to Beacon Bay recorded on Official Maps, Book 2, Page 30 in the Office of the County Recorder, County of Orange, State of California, sometimes referred to as Beacon Bay Lot 66. B. On April 10, 2014, Lessor and Gareth Richard Ashworth, an unmarried man, entered into a Consent to Assignment of Leasehold Interest, assigning the interest in and to the Lease from Gareth Richard Ashworth, an unmarried man, to the GARETH R. ASHWORTH REVOCABLE TRUST, and Lessee is the Trustee of said Trust, recorded on April 15, 2014 by the County Recorder of Orange County, California as Instrument No. 2014000142192. C. Lessee desires to terminate said Lease and all rights to the possession of the Lease premises and to release Lessor from its obligations under the Lease, and Lessor desires to accept said termination and to release Lessee from his obligations under the Lease. 1 AGREEMENT Lessee agrees to terminate the Lease as described herein above as of October 0� 2024, and Lessor agrees to accept such termination, and Lessor and Lessee agree to discharge and release each other from all obligations under the Lease as of said date. [SIGNATURES ON NEXT PAGE] 2 IN WITNESS WHEREOF, the Parties have caused this Termination of Leasehold to be executed on the dates written below. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY Date: ir¢) /V 5 /7 q By:E,, Aaron C. Harp ��f3 Citv Attornev �a y ATTEST: Date: O ��� t, By: Leilani I. Brown City Clerk PO�� CITY OF NEWPORT BEACH, A California municipal corporation Date: it) By: Gra K. Leung City Manager LESSEE: GARETH R. ASHWORTH, Trustee of the GARETH R. ASHWORTH REVOCABLE TRUST, dated March 20, 2014 _ Date: Mz By:-� ' Gareth R. Ashworth Trustee 3 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 ��r",✓JGi ) / //-- W�On ,. /Jfi��, r1�./ � , �L7 before me,i c�1� (insert name and title of the officer) personally appeared Cl✓ f'!/ /L i t G► °-r- who proved to me on the basis of satisfactory evidence to be the person�/whose namefK subscribed to the within instrument and acknowledged to me tha *: sJx6/tJa4y executed the same in sihr/th,dir authorized capacity(, and that by hf �,rlthO,r signature(al on the instrument the person`/ or the entity upon behalf of which the person�4 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. �,'`''= R. JASON MILLER Notary Public - California o orange County Commission # 2373957 1""°° "� My Comm. Expires Sep 5, 2025 Signature �� (Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 0 iZ A N 1, E ) N C _0 0- On Dc •j -1 , `_ 014 before me, j ENrN i ec 2 ()ryo\j M u--V E-1 Py+-�-,�(_C Date Here Insert Name and Title of the Officer personally appeared ban LE iC . L.w ►,,( Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aie subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hie/her/their authorized capacity(ies), and that by higher/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. JENNIFER ANN MUL2 WITNESS :C: Notary Public • California ' Orange County _ _ Commission 4 2375299 Signature My Comm. Expires Oct 12, 2025 g Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 BEACON BAY LEASE TRANSFER DECLARATION THIS BEACON BAY LEASE TRANSFER DECLARATION ("Declaration") is executed this day of 2024, by S c4;s n 4 A'. 6-n ke, Y ("Buyer"), &46c4-A Rczharjd ,4ShWd14h—^("Seller"), �,c�rJ-�,rre (�raoerh and ("Escrow Agent"). On Seller entered into an agreement with Buyer, as facilitated and witnessed y Broker and Escrow Agent, to transfer all of Seller's interest in the certain lease for Beacon Bay Lot _ to Buyer ("Transfer'). By the terms of the agreement, the following described leasehold interest will be transferred to Buyer: Lot 5 of the eastside addition to Beacon Bay recorded on Official Maps, Book 2, Page 30 in the Office of the County Recorder, County of Orange, State of California, sometimes referred to as Beach Bay Lot 66. The total of all consideration paid for the lease in the Transfer will be $y /DZIJ inclusive of any trade or exchange of personal property, goods, services, etc. ("Total Consideration"). Each party hereto has personal knowledge of all consideration to be exchanged in the Transfer, and, apart from the Total Consideration, no other monies, property, goods and/or services have been or will be exchanged in connection with the Transfer. This Declaration may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. I declare and attest under PENALTY OF PERJURY under the laws of the State of California that the foregoing Declaration is true and correct. I understand I may be subject to prosecution for perjury (California Penal Code §§ 118 et seq.) for any false statement(s) made herein. SELLER', By. Date: M BUYER Date: I By: --7 'xd�42 14*it � Date: :- [REMAINING SIGNATURES ON FOLLOWING PAGE] Real Property Transfer Declaration Page 1 BEACON BAY LEASE TRANSFER DECLARATION THIS BEACON BAY LEASE TRANSFER DECLARATION ("Declaration") is executed this day of 2024, by S (A se,4 A-, 6a("Buyer"), CSA�t�G, t'<har�,ichwvr-�-h-�("Seller"), Su r�-er�� f��d����s. /,-�c. ("Broker"), and �"c,k,,� �1q;/l��g�„� WQ,�s�,�("Escrow Agent"). On liliq JS I ZOZV, Seller entered into an agreement with Buyer, as facilitated and witnessed Broker and Escrow Agent, to transfer all of Seller's interest in the certain Y g lease for Beacon Bay Lot J to Buyer ("Transfer"). By the terms of the agreement, the following described leasehold interest will be transferred to Buyer: Lot 5 of the eastside addition to Beacon Bay recorded on Official Maps, Book 2, Page 30 in the Office of the County Recorder, County of Orange, State of California, sometimes referred to as Beach Bay Lot 66. The total of all consideration paid forthe lease in the Transferwill be $ 0 6W., inclusive of any trade or exchange of personal property, goods, services, etc. ("Total Consideration"). Each party hereto has personal knowledge of all consideration to be exchanged in the Transfer, and, apart from the Total Consideration, no other monies, property, goods and/or services have been or will be exchanged in connection with the Transfer. This Declaration may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. I declare and attest under PENALTY OF PERJURY under the laws of the State of California that the foregoing Declaration is true and correct. I understand I may be subject to prosecution for perjury (California Penal Code §§ 118 et seq.) for any false statement(s) made herein. SELLER Date:JZLy- BUYER Date: By: Date: Date: By: By:_ [REMAINING SIGNATURES ON FOLLOWING PAGE] Real Property Transfer Declaration Page 1 I declare and attest under PENALTY OF PERJURY under the laws of the State of California that the foregoing Declaration is true and correct. I understand I may be subject to prosecution for perjury (California Penal Code §§ 118 et seq.) for any false statement(s) made herein and that a perjury conviction is punishable by imprisonment for two to four years (California Penal Code § 126). 1 further understand that pursuant to California Financial Code § 22161 and California Business and Professions Code §§ 17200 et seq., as an agent licensed by the State of California I may be subject to prosecution for any untrue, fraudulent, or misleading statement(s) contained herein that was made in the course of my performance of professional services and/or agency relationship with Buyer or Seller and that such statement(s) may be reported by the City to my licensing agency. BROKER Date: 20 z`1 By: [END OF SI ESCROW AGENT Real Property Transfer Declaration Page 2