HomeMy WebLinkAboutC-7306-11 - Beacon Bay, 52 - MOL 1994RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City Manager's Office
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
oj�- gq&i7417M'T' MEMORANDUM OF LEASE
CC?_l7iL?J
a?v=; �•1' �t - L' i ' ice. .,;
ax., s vl nfvv,
This MEMORANDUM OF LEASE is entered into as of the 7TH day of DECEMBER 1994, by
and between THE CITY OF NEWPORT BEACH, a chartered municipal corporation ("Lessor'), and BANK
OF CALIFORNIA, N.A., TRUSTEE OF THE HARRIET E. PFLEGER TRUST DATED OCTOBER 12, 1989,
(hereinafter "Bank") and JOHN C. SHAW AND ELLEN K. SHOCKRO, husband and wife, (hereinafter
"Lessee") regarding those certain premises in the City of Newport Beach, County of Orange, State of
California, described as follows:
Lot 52 as shown on a 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 Orange County, State of California
(hereinafter, "the Premises.")
Lessor and NANCY E. WRIGHT AND RALPH S. ZAUN executed a Lease, which expires on July 1, 2006,
for the Premises dated March 8, 1990, a memorandum of which was recorded on March 9, 1990 as
Instrument No. 90-125304. By Grant Deed dated May 18, 1994, recorded October 6, 1994 as Instrument
No. 94-0598308, all right and title in said lease was granted to Bank. Lessor and Bank desire to terminate
said Lease and all rights to the possession of the Leased Premises and Lessor desires to accept such
termination and to release Bank from its obligations under the Lease.
AGREEMENT
Bank agrees to terminate the lease and vacate the premises as of DECEMBER 7_, 1994 and Lessor agrees
to accept such termination and the premises. Lessor and Bank agree to discharge and release each other
from all obligations, other than delinquent rent or other charges, if any, owed by Bank pursuant to said
Lease as of the termination, under the lease as of said date.
Lessor hereby leases to Lessee, commencing on DECEMBER 7, 1994 , 1994
(the "Commencement Date"), and ending on July 1, 2044, on the terms and conditions set forth in that
certain lease by and between the parties hereto executed concurrently herewith, all the terms and
conditions of which are made a part hereof as though fully set forth herein, those certain Premises
described above.
IN WITNESS WHEREOF, the parties have executed this Memorandum of Lease as of the date first about
written.
ATTEST:
/Iii ! N% cam! J
dt-y Clerk
APPR ED AST FORM.
City Attorney
LESSOR:
CITY EWPORT BEACH
Mayor
LESSEE:
JOHN C. SHAW
Z-ZC"f-� `6 �
ELLEN K. SHOCKRO
BANK OF CALIFORNIA, N.A., TRUSTEE OF THE
HARRIET E. PFLEGER TRUST DATED OCTOBER 12,
1989
BY:
TRANSFERORS HEREIN DECLARE NO TRANSFER
TAX IS DUE - TERM OF LEASE LESS THAN 99 YEARS
MAIL TAX STATEMENTS TO JOHN C. SHAW AND ELLEN K. SHOCKRO
52 BEACON BAY
NEWPORT BEACH, CA 92660
STATE OF CALIFORNIA
COUNTY OF ORANGE
On b L -i`% - r C1. La�t1994, bef re me, 1 I IL -3U �t S - K' l L , a Notary Public in and
for said State, personal) appeared S���vet1_�� �—fi. �7�►-ne� er onall known to
me (or 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 person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature (Seal)
STATE OF CALIFORNIA
COUNTY OF ORANGE
•-�,a ;
Monica S. Kutz
Comm #1013469
NOTARY PUBLIC CALIFORNIA
0
,Q
ORANGE COUNTY
C*mm Expires Jan 13. 1998
On 11-1 J — q-41, 1994, bgfore me, OA2LL�)A c5M c a Notary Public in and
for said State, personally appeared Vii 4 , personally known to me
( to%e the person(4 whose name( is/aye
subscribed to the within instrument and acknowledged to me that lao/she/#Tey executed the same in
-his/herA#e+r authorized capacity(e:&), and that by W/her/their signature{} on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature �Ju (Seal)U CARLA SMILEY
0Comm. #956071
NOTARY PUBLIC CALIFORNIA
ORANGE COUNTY ,I
My Comm. Expires Feb. 10, 1996`6
May 30 '95 10:21
STEWART_TITLE
TEL 7566059
rZan OF CAUVOMA
)
COW rl'r Or
on brfor� M�
psrsonaur app�r�
John
personally known to w (or pro"d to we rq the basis 9t aati.sraate
;T e•idoare
to be the persoe(s) whop 31a0e(4) is/ars sdb■arib.d to the within iartrn+ant
sud eahaowlsdpsd to w chat bs/sbo/tb*r eseaOtsd the saw in his/bee/their
a.t.horissd Qaproitr(j•s),that br bis/bOr/their signature{s) on the inrtsu-
rwet the psrsor(s) or theItT �n bshalr of which the
persoa(s) wotsd,
sxeentod the las 1 / I
NX292 i r!
�+.�+MAOHM FOXCROFT
w�' M+1M��•h' � 1
t, :is � cownv
TOP DD OR 1994-702394 Page: 4 of 5
P. 5
1 1
0
GOVERNMENT CODE 27361.7
I CERTIFY UNDER THE PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE
DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS:
NAME OF NOTARY: MONICA S. KUTZ
COMMISSION NUMBER: 1013469
DATE COMMISSION EXPIRES: JAN 13, 1998
COUNTY WHERE BOND IS FILED: ORANGE
VENDOR NUMBER: MGC1
PLACE OF EXECUTION: ORANGE COUNTY, CALIFORNIA
DATE: December 7, 1994 SIGNED:
MACK MA , III
FIRST AMERICAN TITLE INSURANCE CO.
GOVERNMENT CODE 27361.7
I CERTIFY UNDER THE PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE
DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS:
NAME OF NOTARY: CARLA SMILEY
COMMISSION NUMBER: 956071
DATE COMMISSION EXPIRES: FEB. 10, 1996
COUNTY WHERE BOND IS FILED: ORANGE
VENDOR NUMBER: MGC1
PLACE OF EXECUTION: ORANGE COUNTY, CALIFORNIA
DATE: December 7, 1994 SIGNED:
MACK q. TKOI%WS, III
FIRST AMERICAN TITLE INSURANCE CO.
STATE OF CALIFORNIA )
COUNTY OF Orange )
On December 2, 1994 before me, Brian Foxcroft ,
personally appeared John C. Shaw and Ellen K. Shockro
personally known to me (or 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), a that by his/her/their signature(s) on the instru-
ment the person(s) or the tity upon behalf of which the person(s) acted,
executed the instrume4t)
WITNESS my
Signature
Cmm. #989871ORANGECOUNN
}
10)
..��
Lqy CoffinwonExpires
tftcha31. M7 j
L`
it
GOVERNMENT CODE 27361.7
I CERTIFY UNDER THE PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE
DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS:
NAME OF NOTARY: BRIAN FOXCROFT
COMMISSION NUMBER: 989871
DATE COMMISSION EXPIRES: MARCH 31, 1997
COUNTY WHERE BOND IS FILED: ORANGE
VENDOR NUMBER: USSl
PLACE OF EXECUTION: ORANGE COUNTY, CALIF RNIA
DATE: December 7, 1994 SIGNED: IA� 9
MACK IT. THOMAIII
FIRST AMERICAN TITLE INSURANCE CO.