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HomeMy WebLinkAboutC-7300-6 - Beacon Bay, 35 - Assignment of Lease 1999RECORDING REQUESTED BY Law Offices of DONALD J. HROMADKA PACE ABOVE THIS LINE FOR RECORDER'S USE ASSIGNMENT OF LEASE THIS AGREEMENT is made this qday August, 1999 by and between MARGARET E. HROMADKA, also known as ENID HROMADKA, also known as MARGARET ENID HROMADKA, as Trustee of the EXEMPTION TRUST established under the HROMADKA FAMILY TRUST DATED NOVEMBER 10, 1989, and as Trustee of the SURVIVOR'S TRUST established under the HROMADKA FAMILY TRUST DATED NOVEMBER 10, 1989, hereinafter called "Assignor", and ELIZABETH McCRAY, a married woman as her sole and separate property, hereinafter call "Assignee". RECITALS A. The CITY OF NEWPORT BEACH, a Charter City and Municipal Corporation, as Lessor, and MARGARET ENID HROMADKA, as Lessee, executed that certain written Lease dated July 1, 1994, (the "Lease") regarding the real property located in the City of Newport Beach, County of Orange, State of California, and more particularly described as follows: Lot 35 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 Property Address: 35 Beacon Bay, Newport Beach, California, 92660. B. Pursuant to that certain written Assignment of Lease dated April 28, 1995, ENID HROMADKA, also known as MARGARET E. HROMADKA, also known as MARGARET ENID HROMADKA, as Assignor, granted, assigned and transferred to MARGARET E. HROMADKA, as Trustee of the HROMADKA FAMILY TRUST DATED NOVEMBER 10, 1989, as Assignee, all of her right, title, and interest in and to the Lease. Said Assignment of Lease was recorded on May 8, 1995 as Document Number 95-0198118 in the Official Records of the Orange County Recorder's Office, State of California. C. JOHN B. HROMADKA, the spouse of ENID HROMADKA, died on May 16, 1995 in Orange County, California. As a result of the death of JOHN B. HROMADKA, and pursuant to the terms of the HROMADKA FAMILY TRUST DATED NOVEMBER 10, 1989, the assets of such Trust were divided into two (2) separate and distinct trusts designated as the EXEMPTION TRUST and the SURVIVOR'S TRUST. D. Pursuant to those certain written Assignments of Lease dated May 2, 1997, MARGARET E. HROMADKA, also known as ENID HROMADKA, also known as MARGARET ENID HROMADKA, —1— AND WHEN RECORDED MAIL TO r Name ELIZABETH McCRAY Street c/o DONALD J. HROMADKA Address 11661 San Vicente Blvd., #410 City & Los Angeles, CA 90049-5112 State L MAIL TAX STATEMENTS TO r Name ELIZABETH McCRAY Street Address 2701 Circle Road City & Newport Beach, CA 92663 State L PACE ABOVE THIS LINE FOR RECORDER'S USE ASSIGNMENT OF LEASE THIS AGREEMENT is made this qday August, 1999 by and between MARGARET E. HROMADKA, also known as ENID HROMADKA, also known as MARGARET ENID HROMADKA, as Trustee of the EXEMPTION TRUST established under the HROMADKA FAMILY TRUST DATED NOVEMBER 10, 1989, and as Trustee of the SURVIVOR'S TRUST established under the HROMADKA FAMILY TRUST DATED NOVEMBER 10, 1989, hereinafter called "Assignor", and ELIZABETH McCRAY, a married woman as her sole and separate property, hereinafter call "Assignee". RECITALS A. The CITY OF NEWPORT BEACH, a Charter City and Municipal Corporation, as Lessor, and MARGARET ENID HROMADKA, as Lessee, executed that certain written Lease dated July 1, 1994, (the "Lease") regarding the real property located in the City of Newport Beach, County of Orange, State of California, and more particularly described as follows: Lot 35 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 Property Address: 35 Beacon Bay, Newport Beach, California, 92660. B. Pursuant to that certain written Assignment of Lease dated April 28, 1995, ENID HROMADKA, also known as MARGARET E. HROMADKA, also known as MARGARET ENID HROMADKA, as Assignor, granted, assigned and transferred to MARGARET E. HROMADKA, as Trustee of the HROMADKA FAMILY TRUST DATED NOVEMBER 10, 1989, as Assignee, all of her right, title, and interest in and to the Lease. Said Assignment of Lease was recorded on May 8, 1995 as Document Number 95-0198118 in the Official Records of the Orange County Recorder's Office, State of California. C. JOHN B. HROMADKA, the spouse of ENID HROMADKA, died on May 16, 1995 in Orange County, California. As a result of the death of JOHN B. HROMADKA, and pursuant to the terms of the HROMADKA FAMILY TRUST DATED NOVEMBER 10, 1989, the assets of such Trust were divided into two (2) separate and distinct trusts designated as the EXEMPTION TRUST and the SURVIVOR'S TRUST. D. Pursuant to those certain written Assignments of Lease dated May 2, 1997, MARGARET E. HROMADKA, also known as ENID HROMADKA, also known as MARGARET ENID HROMADKA, —1— as Trustee of the HROMADKA FAMILY TRUST DATED NOVEMBER 10, 1989, as Assignor, granted, assigned, and transferred all right, title, and interest in and to the Lease as follows: 1. An undivided fifty percent (50%) interest to MARGARET ENID HROMADKA, as Trustee of the EXEMPTION TRUST established under the HROMADKA FAMILY TRUST DATED NOVEMBER 10, 1989; and 2. An undivided fifty percent (50%) intereset to MARGARET ENID HROMADKA, as Trustee of the SURVIVOR'S TRUST established under the HROMADKA FAMILY TRUST DATED NOVEMBER 10, 1989, as Assignee. E. Assignor now desires to assign the Lease to Assignee, and Assignee desires to accept the Assignment thereof. THEREFORE, Assignor and Assignee agree as follows: ASSIGNMENT FOR NO CONSIDERATION, Assignor hereby assigns and transfers to Assignee all of her right, title, and interest in and to the Lease hereinbefore described, and Assignee hereby agrees to and does accept the Assignment, and Assignee expressly assumes and agrees to keep, perform, and fulfill all the terms, covenants, conditions, and obligations, required to be kept, performed, fulfilled by Assignor as Lessee thereunder, including the making of all payments due to or payable on behalf of Lessor under said Lease when due and payable. Executed at Santa Barbara, California, on the day and year first above written. ASSIGNOR MARG T E. HROMADKA, As Trustee of THE EXEMPTION TRUST ESTABLISHED UNDER THE HROMADKA FAMILY TRUST DATED NOVEMBER 10, 1989 MARG T E. HROMADKA, As Trustee of THE SURVIVOR'S TRUST ESTABLISHED UNDER THE HROMADKA FAMILY TRUST DATED NOVEMBER 10, 1989 ASSIGNEE ELIZABETH McCRAY CONSENT OF LESSOR The undersigned is the Lessor in the Lease described in the foregoing Assignment and hereby -2- consents to the assignment of the Lease to ELIZABETH McCRAY, a married woman as her sole and separate property, hereby expressly releasing the Lessee from any further liability or obligation under the terms of the Lease. LESSOR: CITY OF NEWPORT BEACH Title: Mayor -3- STATE OF COUNTY OF_1 •1 �.!ll i1r i On ohwkt 8 —119!1 x', j before me,Qlt\ G\— ` Notary Public, sonally appeared k�✓ ❑ personally known to me - OR - proved t e on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. d"60d6AM aa-A6.� i ' A . - NqlkiYl _.�SONJA B. NFLSON (SIGNATURE OF COMMISOM Santa Barbara County shrarrMyCOmrn.E0mSep1Z199qF