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HomeMy WebLinkAboutC-7304-3 - Beacon Bay, 38 - Consent to Assignement of Leasehold Interest to a Living Trust 2001RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: CITY OF NEWPORT BEACH City Manager's Office 3300 Newport Boulevard Newport Beach, CA 92663 Recorded in Official Records, County of Orange Gary Granville, Clerk -Recorder �11111 11E 1111I 1111 I 1111111111111 111 111 1112.00 2001019828610:41am 04/04/01 102 48 A30 4 0.00 0.00 0.00 0.00 6.00 0.00 0.00 0.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE DOCUMENT TITLE CONSENT TO ASSIGNMENT OF LEASEHOLD INTEREST TO A LIVING TRUST RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Newport Beach City Manager's Office 3300 Newport Boulevard Newport Beach, CA 92663 SPACE ABOVE THIS LINE FOR RECORDER'S USE APN: 988-88-016 CONSENT TO ASSIGNMENT OF LEASEHOLD INTEREST TO A LIVING TRUST THIS CONSENT is given this 2(oday of January, 2001, by the CITY OF NEWPORT BEACH, a Chartered Municipal Corporation (hereinafter the "City") on the following terms and conditions: RECITALS A. The City entered into a Lease dated January 1, 1988, (the "Agreement"), with Lillis H. Morgan ("Trustor/Trustee") concerning certain real property described as: Lot No. 38, in the City of Newport Beach, County of Orange, State of California, as per Record of Survey Map filed in Book 9, Pages 42 and 43 of Record of Surveys, in the Office of the County Recorder of said County (the "Property"). B. Lillis H. Morgan, as Trustor and as Trustee, C. The Trust was created February 3, 1997 and Amended and Restated January 2, 2001. CONSENT NOW, THEREFORE, the City does hereby consent to the assignment of all interest in and to that certain lease made and entered into on January 1, 1988, by and between the CITY OF NEWPORT BEACH, as Lessor, and Lillis H. Morgan, as Lessee, to Lillis H. Morgan, Trustee of the Lillis H. Morgan Trust established February 3, 1997 and Amended and Restated January 2, 2001, by Lillis H. Morgan and further agree subject to the following provisions: 1. Said Assignment of Lease shall be subject to each and all of the covenants, conditions and restrictions set forth in the Lease and shall be subject to all rights and interest of the City thereunder, except as herein otherwise provided. 2. Upon the death of the last to die of the Trustors, the successor Trustee shall comply with all provisions of the Lease, including those conditions precedent and fee requirements of Paragraph 4 of said lease. 3. Trustors agree to provide a copy of the complete trust with an amendment containing these provisions to the City to ensure that any transfer of the leasehold will not circumvent that provision of the lease calling for increased rent upon transfer. 4. All notices and other communications required or permitted under this Consent to Assignment shall be in writing, served personally on, or mailed by certified or registered United States mail to the party to be charged with receipt thereof. Notices and other communications served by mail or communication in a United States post office in Orange County, California, as certified or registered mail with postage prepaid and duly addressed to the party to whom such notice or communication is to be given in the case of the Trustee at 38 Beacon Bay, Newport Beach, CA 92660, or the City of Newport Beach at 3300 Newport Boulevard, Newport Beach, CA 92663, Attention: City Manager. Any such party may change said party's address for purposes of this Section 4 by giving to the party intended to be bound hereby, in the manner provided herein, a written notice of such change. 5. This Consent to Assignment shall not be effective until recorded. City Clerk APPROVS FORM: City Attorne STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) CITY OF NEWPORT BEACH �. 01 A��_ / I CITY MANAOrER i (`I4Z 4,l_. LILLIS/ H. MOROAN ACKNOWLEDGMENT On January 4� , 2001, before me, L1.&/,DX) Notary Public, personally appeared LILLIS H. MORGAN, or 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 she executed the same in her authorized capacity, and that by her 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. ut1DA1, WOOD Notary Public F;r` &5 Commission # 12062W Z - •. Not pubic-coli?omia My commission expires: JAn1. 12 Z�3 .w z .,�i' Orange Courn`y -r` W, Comm. E—pkcs !on 12, 2T3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ss. On — I t "D-bgVefore me, Apersonally appeared l" CA! THY FISHER Commission # 1174329 z Notary Public - California Orange County My Comm. Exp'res Feb 21,2002 Place Notary Seal Above m�nd Titles oaf Officer (e.g., "Jane Doe, Notary Name(s) of Signer(s) ie personally known to me ❑ proved to me on the basis of satisfactory evidence to be the persor0swhose nam s) is/ re subscribed to the within inslxuent and acknowledged to me that hebeii he executed the sa in his/her/ author capacity ies , and that by his/ht�heiisignatur (s) n the instrument the persothe entity upon behalf of which the pe acted, executed the instrument. W ESS my hand and offic' I seal. Signa re of tary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of AttachegDocument Title or Type of Document: k_!Z ' 0 k, ,^ r Document Date: 1 ' �t"'" 0 Number of Pages: Signer(s) Other Than Named Above: "C -r �� Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 1997 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827