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HomeMy WebLinkAboutC-6208(K) - Beacon Bay, 49 - Termination of Leasehold 2005This Document was electronically recorded by RECORDING REQUESTED BY: Cal Title MV CALIFORNIA TITLE COMPANY RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Manager's Office City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder 1111111111111111111111111111111111111111111111111111111111111111121.00 2005000668520 08:00am 08/25/05 113 28 T03 6 0.00 0.00 0.00 0.00 15.00 0.00 0.00 0.00 TERMINATION OF LEASEHOLD This agreement is made this Pfk day of A u cAU 2005, by and between the CITY OF NEWPORT BEACH, hereinafW called "Lessor", and GERALD A. DEFREECE and BETTY JEAN DEFREECE, Trustees of the DeFreece Family Trust, hereinafter called "Lessees". RECITALS A. Lessor and Lessee executed a lease on June 27, 1994, and subsequently recorded December 7, 1994, by the County Recorder of Orange County, California as Instrument No. 94-0701509. By the terms of the lease, the following described property was leased to Lessee until July 1, 2044. Lot 49 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. 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 agree to to n, ate the lease and vacate the premises as described herein above as of S 900S and Lessor agrees to accept such termination and the premises, ands essor an6 Lessee agree to discharge and release each other from all obligations under the lease as of said date. Executed at Newport Beach, California, on the day and year first above written. CITY OF NEWPORT BEACH BY://��— Less r: Homer Blud , City Manager Lessee: Gerald A. DeFreece, Trustee BY: l Lessee: _BeVJ#6n DeFreece, Trustee CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of V /�� (A V1-( V , j ss. On�,M* , SUV before me, Date Name and Title of Officer (e.g., "J a Doe, Notary Publi ') personally jeared �� �) UdA V Names) of Signer(s) personally known to me v proved to me on the basis of satisfactory evidence LEILANi I. BROWN Cclmmissian # 1336673 z1 Notary Pubfie - California Z Oranc,s COt,; j,,ry My COMM. k#4'06 Jan 25, 2006 to be the person* whose name( is/are subscribed to the within instrument and acknowledged to me that he/s�� executed the same in his/harithre' authorized capacity(+ee-), and that by his/he "z; signature(@) -on the instrument the persoa(.c, or the entity upon behalf of which the persorl(�) acted, executed the instrument. WITNESS y hand and official seal. a� - _�) _ Signature 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 Document �,( j Cp In Title or Type of Document: JCr/t�l WA( l lX.�<3V V "�Id Document Date: 11 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Number of Pages: R,A vi Rc -arc-� u— ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 STATE OF CALIFORNIA Ya COUNTY OF On P"I A�-1- CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT )SS before personany appe u '.,?_r tN , U v—r-y ee t- " personally kno to me (or proved to me on the basis of satisfactory evidence) to be the person(s) hose names) 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. MORAH M. JOHNSON WITNES hand and official se 1. ARPUSLIC • CALFORNA �SENO134 ORANGE Signatur My Comm. Exp. August 7, 2005 This area for official notarial seal. OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove inval a to persons relying on the document. [ ] INDIVIDUAL ] CORPORATE OFFICER(S) [ ] PARTNER(S) - [ ] LIMITED [ ] GENERAL [ ]ATTORNEY -IN FACT [ ] TRUSTEE(S) [ ] GUARDIAN/CONSERVAT [ ] OTHER SIGNER IS REPRESENTING: Name of Person or Entity TITLE(S) Name of Person or Entity OPTIONAL SECTION Though the date requested here is not required by law, it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT TITLE OR TYPE OF DOCUMENT: �Y�YY1 1 YA Q -:b U V� o NUMBER OF PAGES I DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE -_RIBED BELOW Exhibit "A" Lot No. 49, as shown upon a Record of Survey Map recorded in book 9, page(s) 42 and 43 Record of Surveys, on file in the office of the county recorder, Orange County , California, together with certain portions of adjoining lots B and C as shown upon said map and as described more fully hereinafter. 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: Deborah M. Johnson DATE COMMISSION EXPIRES: August 7, 2008 COUNTY WHERE BOND IS FILED: Orange COMMISSION NO.: 1506136 MANUFACTURER/VENDER NO.: SIU1 PLACE OF EXECUTION: Mission Viejo DATE OF EXECUTION: 8/24/2005 SIGNATURE:�.i�;e e ) 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. 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: Leilani I. Brown DATE COMMISSION EXPIRES: January 25, 2006 COUNTY WHERE BOND IS FILED: Orange COMMISSION NO.: 1336673 MANUFACTURER/VENDER NO.: NNA1 PLACE OF EXECUTION: Mission Viejo DATE OF EXECUTION: 8/24/2005 SIGNATURE:`_ 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.