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HomeMy WebLinkAboutC-7304-10 - Beacon Bay, 38 - Termination of Leasehold 2013RECORDING REQUESTED BY ``RST AMERICAN TITLE INSURANCE CO. NATIONAL. COMMERCIAL SERVICES ous— Recording Requested $y and When Recorded Return To: City of Newport Beach 100 Civic Center Drive P.O. Box 1768 Newport Beach, California 92658-8915 Attn: City Clerk Recorded in Official Records, Range County Hugh Nguyen, Clerk -Recorder 11 11jj11111 jj 11 111jj24.00 *$ R 0 0 0 6 3 2 1 9 7 5$ 2013000628156 4:18 pm 11113/13 117 418 T03 F13 6 0.00 0.00 0.00 0.00 16.00 0.00 0.00 0.00 as (SPACE ABOVE THIS LINE FOR RECO'RDER'S TERMINATION OF LEASEHOLD This agreement is made this 01 day of November, 2013, by and between the CITY OF NEWPORT BEACH, hereinafter called "Lessor", and John L. Curci, Trustee of John L. Curci Trust, dated December 22, 1993, hereinafter called "Lessee". RECITALS A. Lessor and Lessee executed a lease on April 21, 2003, and subsequently recorded April 21, 2003, by the County Recorder of Orange County, California as Instrument No. 2003000439029. By the terms of the lease, the following described property was leased to Lessee until July 1, 2044. Lot 38 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, of said County. B. 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 their obligations under the lease. AGREEMENT Lessee agrees to terminate the lease as described herein above as of November 1p , 2013, 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 sal date. [SIGNATURES ON NEXT PAGE] 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 T E CITY ATTORNEY Date: Aaron Harp City Attorney ATTEST: Date: �'• By: ow, CITY OF NEWPORT BEACH, A Californiaicipal corporation Date: ///� \"avi iff CiWManager LESSEE John L:-Curci, Trustee The John L. Curci Trust dated December 22, 1993 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On Noaq� personally appeared beWre me, 61) 6io a Id � Here Insert Na a and Title of Ur) Name(s) of Signer(s) CIVIL CODE § 1189 blic who proved to me on the basis of satisfactory evidence to be the 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/their signature(s) on the instrument the person(s), or the entity upon behalf of which the CRISTAL MCDONALD person(s) acted, executed the instrument. Commission #t 1950148 Z �� Notary Public - California > I certify under PENALTY OF PERJURY under the Orange County laws of the State of California that the foregoing M Comm. Ex fres Au 28, 2015 paragraph is true and correct. WITNESS my h Ind andoffi i I seal. Signature: Place Notary Seal Above ature of Notary 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 Attached Do pen.' ''� /jL Title or Type of Documpnt: 1--p (1)1 1vl7U/ l�"I Document Date: I/`I V Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: v tutu National Notary Association • NationalNotary.org • 1 -800 -US NOTARY (1-800.876-6827) Item #5907 STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss. On October 29, 2013 before me, B. GODFREY, NOTARY PUBLIC personally appeared JOHN L. CURCI , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/a-re subscribed to the within instrument and acknowledged to me that he/she4hey executed the same in his/herAhem authorized capacity(ie-s), and that by his he it 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. B. Godfrey, NQWy6lublic My Commission Expires: December 18, 2015 Notary Registration Number: 1964173 Notary Phone: 949.673.1060 County of Principal Business: Orange V B. GODFREY COMM # 1964173 ORANGE COUNTY Q r cY N" NOTARY PUBLIC -CALIFORNIA z Q MY i�C MMISSION EXPIRES C. 181 2015 I EXHIBIT "1" LEGAL DESCRIPTION OF THE PROPERTY That certain real property located in the City of Newport Beach, County of Orange, California, described as follows: Lot 38 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, of said County. -I- EXHIBIT "A" LEGAL DESCRIPTION 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, PAGE(S) 42 AND 43 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.