HomeMy WebLinkAboutC-8157-5 - Beacon Bay, 53 - MOL 2017Document -3963736 -Page -1 r i Page 1 of 1
RECORDING REQUESTED BY:
CALIFORNIA TITLE COMPANY
Recording Requested By
and When Recorded Return To:
1 City of Newport Beach
100 Civic Center Drive
P.O. Box 1768
Newport Beach, California 92658-8915
Attn: City Clerk
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
1111111111111111111111111111IIIIIII11I1] [III I1111IIIIIIIIIIIIIIIIIIIIII 24.00
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175 NC -5 M11 F13 6
0.00 0.00 0.00 0.00 15.00 0.00 0.00 0.00
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(Exempt From Recording Fees Pursuant to Government Code § 27383)
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
MEMORANDUM OF LEASE NO DOCUMENTARY TRANSFEK
TAX DUE SAID LEASE IS FOR
LESS THAN 35 YEARS
THIS MEMORANDUM OF LEASE is made and entered into between the City of
Newport Beach, a California municipal corporation and charter city ("Lessor") and James
T J. Irwin and Elizabeth A. Irwin as Trustees of the Irvin Family Trust dated December 22,
1987 ("Lessee").
3 Lessor hereby leases to Lessee that real property located in the City of Newport
Beach, County of Orange, California, described in Exhibit "1"attached hereto ("Property').
The term of the Lease is fifty (50) years, commencing September L, 2017 and ending
September 115 , 2067.
This Memorandum of Lease is subject to the terms, conditions and provisions of
an unrecorded Lease between the parties dated September 15-, 2017, which is
incorporated herein by reference. Unless extended by a recorded amendment or
supplement hereto, this Memorandum of Lease will automatically terminate as of
September JE? 2067.
(SIGNATURES ON NEXT PAGE]
about:blank 9/15/2017
RECORDING REQUESTED BY:
CALIFORNIA TITLE COMPANY
Newport Beach, California 92658-8915
Attn: City Clerk
(Exempt From Recording Fees Pursuant to Government Code § 27383)
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NO DOCUMENTARY TRANSFEF%
MEMORANDUM OF LEASE
1 TAX DUE SAID LEASE IS FOR
LESS THAN 35 YEARS
F -THIS MEMORANDUM OF LEASE is made and entered into between the City of
Newport Beach, a California municipal corporation and charter city ("Lessor") and James
T J. Irwin and Elizabeth A. Irwin as Trustees of the Irwin Family Trust dated December 22,
1987 ("Lessee").
Lessor hereby leases to Lessee that real property located in the City of Newport
Beach, County of Orange, California, described in Exhibit " 1" attached hereto ("Property").
The term of the Lease is fifty (50) years, commencing September L, 2017 and ending
September 15 , 2067.
This Memorandum of Lease is subject to the terms, conditions and provisions of
an unrecorded Lease between the parties dated September j5, 2017, which is
incorporated herein by reference. Unless extended by a recorded amendment or
supplement hereto, this Memorandum of Lease will automatically terminate as of
September _&, 2067.
[SIGNATURES ON NEXT PAGE]
Recording Requested By
and When Recorded Return To:
City of Newport Beach
_t
(V
100 Civic Center Drive
P.O. Box 1768
Newport Beach, California 92658-8915
Attn: City Clerk
(Exempt From Recording Fees Pursuant to Government Code § 27383)
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NO DOCUMENTARY TRANSFEF%
MEMORANDUM OF LEASE
1 TAX DUE SAID LEASE IS FOR
LESS THAN 35 YEARS
F -THIS MEMORANDUM OF LEASE is made and entered into between the City of
Newport Beach, a California municipal corporation and charter city ("Lessor") and James
T J. Irwin and Elizabeth A. Irwin as Trustees of the Irwin Family Trust dated December 22,
1987 ("Lessee").
Lessor hereby leases to Lessee that real property located in the City of Newport
Beach, County of Orange, California, described in Exhibit " 1" attached hereto ("Property").
The term of the Lease is fifty (50) years, commencing September L, 2017 and ending
September 15 , 2067.
This Memorandum of Lease is subject to the terms, conditions and provisions of
an unrecorded Lease between the parties dated September j5, 2017, which is
incorporated herein by reference. Unless extended by a recorded amendment or
supplement hereto, this Memorandum of Lease will automatically terminate as of
September _&, 2067.
[SIGNATURES ON NEXT PAGE]
IN WITNESS WHEREOF, the Parties have caused this Memorandum of Lease
to be executed on the dates written below.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
Date: q /1
By:
Aaron Harp
City Attorney
D.
1.' 1 AA
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: U 11T.
By:
David Kiff
City Manager
LESSEE
James J. Irwin,
Trustee of the Irwin Family Trust dated
December 22, 1987
Date:,�23 ) 7
Elizabeth A. Irwin,
Trustee of the Irwin Family Trust dated
December 22, 1987
EXHIBIT "ll"
LEGAL DESCRIPTION OF THE PROPERTY
That certain real property located in the City of Newport Beach, County of Orange,
California, described as follows:
Lot 53 as shown on the map filed in Book 9, Pages 42 and 43 of Record of Surveys in
the Office of the County Recorder, County of Orange, State of California.
3
ESCROW NO.: NB -62996-17 TITLE ORDER NO.: 420-1900487-12
ACKNOWLEDGMENT
State of California
County of t xx' �oC C
On{q� gk23r2o1� before me, M.
A Notary Public personally appeared �W�ks in AY -td Cti z r bent
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
*are subscribed to the within instrument and acknowledged to me that4;e/ehe/they executed
the same in UiGAw/their authorized capacity(ies), and that by-iisAw/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.
M. MITCHELLWEILER
commisslon # 2120625 =
a � Notary Public • California
i Riverside County
M Comm. Ea Ires Au 14, 2019+
(Seal)
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 a T I l ago ti before me, Jennifer Ann Mulvey, Notary Public
(insert name and title of the officer)
personally appeared VHV tG K.l r r
who proved to me on the basis of satisfactory evidence to be the person(&}whose name(ea is/afe
subscribed to the within instrument and acknowledged to me that he/sbls/2hoy executed the same in
his/hef/theif authorized capacity(iae), and that by his/hefltheir 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 MULVEY
Commission 8 2045022
WITNESS my hand and official seal.<@My
Notary Public - CaliforniaOrange County
Comm. Expires Oct 12, 2017
Signature (Seal)
Government code — 2736.17
I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE
DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS
FOLLOWS:
NAME OF NOTARY: JENNIFER ANN MULVEY
DATE COMMISSION EXPIRES: OCTOBER 12, 2017
COUNTY WHERE BOND IS FILED: ORANGE
COMMISSION NO.: 2045022
MANUFACTURER/VENDERNO.: NNA1
PLACE OF EXECUTION: Laguna Niguel, CA
DATE OF EXECUTION: 9/13/17
SIGNATURE: U -
Government code — 2736.17
I CERTIFY UNDER PENALTY OF PERJURY THAT THE ILLEGIBLE PORTION OF
THIS DOCUMENT, TO WHICH THIS STATEMENT IS ATTACHED, READS AS
FOLLOWS:
PLACE OF EXECUTION:
DATE OF EXECUTION:
SIGNATURE:
Penalty of Perjury Doc.
BOE -502-A (P1) REV. 12 (05-13)
PRELIMINARY CHANGE OF OWNERSHIP REPORT
To be completed by the transferee (buyer) prior to a transfer of subject
property, in accordance with section 480.3 of the Revenue and Taxation
Code. A Preliminary Change of Ownership Report must be filed with each
conveyance in the County Recorder's office for the county where the
property is located.
NAME AND MAILING ADDRESS OF BUYERITRANSFEREE
(Make necessary corrections to the printed name and mailing address)
James J. Irwin and Elizabeth A. Irwin
988-880-45
ASSESSOR'S PARCEL NUMBER
John B.T. Campbell III and Anna Catherine Campbell
SELLERITRANSFEROR
BUYER'S DAYTIME TELEPHONE NUMBER
BUYER'S EMAIL ADDRESS
STREET ADDRESS OR PHYSICAL LOCATION OF REAL PROPERTY
53 Beacon Bay, Newport Beach, CA 92660
MAIL PROPERTY TAX INFORMATION TO (NAME)
ADDRESS CITY STATE ZIP CODE
53 BeaCah btk j tw art6ead, I CA I q a-(v(o0
( ) YES ( ) NO This property is intended as my principal residence. If YES, please indicate the date of occupancy MO I DAV YEAR
or intended occu 1 09 3 0 Z.O I
PART 1. TRANSFER INFORMATION Please comolete all statements.
YES NO
A.
This transfer is solely between spouses (addition or removal of a spouse, death of a spouse, divorce settlement, etc).
B.
This transfer is solely between domestic partners currently registered with the California Secretary of State
(addition or removal of a partner, death of a partner, termination settlement, etc.).
( ) ( >)' C.
This is a transfer: ( ) between parent(s) and child(ren) ( ) from grandparent(s) and grandchild(ren).
D.
This transfer Is the result of a cotenant's death. Date of death
E.
This transaction is to replace a principal residence by a person 55 years of age or older.
Within the same county? ( ) YES ( ) NO
( ) ( Y)* F.
This transaction is to replace a principal residence by a person who is severely disabled as defined by Revenue
and Taxation Code section 69.5. Within the same county? ( ) YES ( ) NO
( ) (x) G.
This transaction is only a correction of the name(s) of the person(s) holding title to the property (e.g., a name
change upon marriage).
If YES, please explain:
( ) (X) H.
The recorded document creates, terminates, or reconveys a lender's interest in the property.
( ) ()() I.
This transaction is recorded only as a requirement for financing purposes or to create, terminate, or reconvey a
security interest (e.g., cosigner). If YES, please explain:
The recorded document substitutes a trustee of a trust, mortgage, or other similar document.
K.
This is a transfer of property:
( ) (k)
1. to/from a revocable trust that may be revoked by the transferor and is for the benefit of
[ ] the transferor, and/or [ ] the transferor's spouse [ ] registered domestic partner.
2. toffrom a trust that may be revoked by the creator/grantor/trustor who is also a joint tenant, and which names
the other joint tenant(s) as beneficiaries when the creator/grantor/trustor dies.
3. to/from an irrevocable trust for the benefit of the
[ ] creator/grantor/trustor and/or [ ] grantoes/trustor's spouse [ ] grantor's/trustor's registered domestic
partner.
( ) ( )
4. to/from an irrevocable trust from which the property reverts to the creator/grantor/trustor within 12 years.
( X) ( ) L.
This property Is subject to a lease with a remaining lease term of 35 years or more including written options.
M.
This is a transfer between parties in which proportional interests of the transferor(s) and transferee(s) in each
and every parcel being transferred remain exactly the same after the transfer.
N.
This is a transfer subject to subsidized low-income housing requirements with governmentally imposed
restrictions.
( ) (X)' 0.
This transfer is to the first purchaser of a new building containing an active solar energy system.
'Please refer to the Instructions for Part 1
Please provide any other Information that will help the Assessor understand the nature of the transfer.
THIS DOCUMENT IS NOT SUBJECT TO PUBLIC INSPECTION
BOE -502-A (Pt) REV. 12 (05-13) APNtt: 988-880-45
PART 2, OTHER TRANSFER INFORMATION Check and complete as applicable.
A. Date of transfer, if other than recording date:
B. T p of transfer:
( Purchase ( ) Foreclosure ( ) Gift ( ) Trade or Exchange ( ) Merger, stock or partnership acquisition (Form BOE -100-B)
( ) Contract of sale. Date of contract ( ) Inheritance. Date of death:
( ) Sale/leaseback ( ) Creation of a lease ( ) Assignment of a lease ( ) Termination of a lease. Date lease began:
Original term in years (including written options): Remaining term in years (including written opt ons :_
( ) Other: Please explain:
C. Only a partial interest in the property was transferred? ( ) YES ( ) NO If YES, indicate the percentage transferred %
PART 3. PURCHASE PRICE AND TERMS OF SALE Check and complete as applicable.
A. Total purchase price I $ �C�11 U U () 0c)o
B. Cash down payment or value of trade or exchange excluding closing costs Amount $ ry—(U OT
:C. First deed of trust @ % Interest rate for years. Monthly Payment $ Amount $
( ) FHA (— Discount Points) ( ) Cal -Vet ( ) VA (_Discount Points) ( ) Fixed Rate ( ) Variable Rate
( ) Bank/Savings & Loan/Credit Union ( ) Loan Carred by seller
( ) Balloon Payment $ Due Date:
D. Second Deed of Trust Q % interest for years. Monthly Payment $ Amount $
( ) Fixed Rate ( ) Variable Rate ( ) Bank/Savings 8 Loan/Credit Union ( ) Loan carried by seller
( ) Balloon Payment $ Due Date:
E. Was an Improvement Bond or other public financing assumed by the buyer? ( ) YES ( ) NO Outstanding balance $
F. Amount, if any, of real estate commission fees paid by the buyer which are not included in the purchase price
G. The property was purchased: ( ) Through real estate broker. Broker name: Phone Number(_)
(>(f Direct from seller ( ) From a family member -Relationship
( ) Other: Please explain:
H. Please explain any special terms, seller ooncessions,broker/agent fees waived, financing, and any other Information (e.g. buyer assumed the existing loan
balance) that would assist the Assessor in the valuation of your property:
PART 4. PROPERTY INFORMATION Check and complete as applicable.
A. Type of property transferred
(x) Single-family residence
( ) Multiple -family residence. Number of units: ( ) CooplOwn-yourown ( ) Manufactured home
( ) Other. Description: (i.e., Umber, mineral, water rights, etc.) ( ) Condominium ( ) Unimproved lot
( ) Timeshare ( ) Commercial/Industrial
B. ( ) YES ( ) NO Personal/business property, or Incentives, are included in the purchase price. Examples are furniture, farm equipment, machinery, club
memberships, etc. Attach list if available.
If YES, enter the value of the personal/business property: $
C. ( ) YES ( ) NO A manufactured home is included in the purchase price.
If YES, enter the value attributed to the manufactured home: $
( ) YES ( ) NO The manufactured home is subject to local property tax. If NO, enter decal number:
D. ( ) YES ( ) NO The property produces rental or other income.
If YES, the income is from: ( ) Lease/rent ( ) Contract ( ) Mineral rights ( ) Other:
E. The condition of the property at the time of sale was: ( ) Good ( ) Average ( ) Fair ( ) Poor
statements or documents, is true
of my knowledoe and belief.
any
SIGNATURE OF B RANSFEREE OR CORPORATE OFFICER
DATE
NAME OF BUYERrrRA EREE/LEGAL REyP�RESENTATIVE/CORPORATE OFFICER (PLEASE PRINT)
TITLE
Q i zc"� LI .Zit( i'
E-MAIL ADDRESS
csT WIN ® sal. G&VK
rhe Assessor's office may contact you for additional Information regarding this transaction.