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HomeMy WebLinkAboutC-7409-7 - Beacon Bay, 2 - Termination of Leasehold 2007LANDAMERICA SOUTHLAND TITLE RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Manager's Office City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 This Document was electronically recorded by Southland Title Company_B Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder 111111 11 1111111111111111111111111111111111111111111111 18.00 2007000484298 03:19pm 08/02/07 213 33 T03 5 0.00 0.00 0.00 0.00 12.00 0.00 0.00 0.00 fa_�s3�lqa3 TERMINATION OF LEASEHOLD This agreement is made this 31 S day of 2007, by and between the CITY OF NEWPORT BEACH, hereinafter called "Lessor", and JOHN D. EVERSOLL and JESSIE J. EVERSOLL, Trustees of the Eversoll Family Trust dated 12/9/75, hereinafter called "Lessee". RECITALS A. Lessor and Lessee executed a lease on June 31, 1994, and subsequently recorded December 7, 1994, by the County Recorder of Orange County, California as Instrument No. 94-0701519. By the terms of the lease, the following described property was leased to Lessee until July 1, 2044. The northwesterly 45.00 fee of Lot 2 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, together with the southeasterly 10.00 feet of Lot 1 of said Record of Survey. 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 and vacate the premises as described herein above as of A - I 0`7 , and Lessor agrees to accept such termination and the premises, and Lessor and 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: Com. �( �/1,� BY: Lessor: U Les e: John D. Eversoll, Trustee ti BY: Lesse essie J. erso I, ust NOTARY PAGE STATE OF CALIFORNIA } }S.S. COUNTY OF CNC- } �/(i n On �C71 , before me, v "�("� a Notary Public , personally �6Ak Z) Uerc- va�pcmed-- 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-bzL%hP-/they executed the same in hi4her/their authorized capacity(ies), and that by hiker/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. MICHELLE PAGE Signator Commission # 1433296 �1 Omy Notary Public - California Orange County Comm. Expires Aug 2, 2007 STATE OF CALIFORNIA } S.S. COUNTY OF Dr, } On �I before me, ` `a �� �� f��� a Notary Public , personally Gc Y bAVj &, ]I- , personally known �@--fti f * . doaGe.) to be the person( -s) whose nam*) is/afre subscribed to the within instrument and acknowledged to me that he/shekkey executed the same in his/hei t� r authorized capacityoesj,, and that by his/hevAht4 signatureks} on the instrument the person(s� or the entity upon behalf of which the person(s}-acted, executed the instrument. WITNESS my hand nd official al. ;; . tEItANI 1. BROYyN _ Commisraton # 1633477 Signature z ' ® Notary Kbllo - Cafff0mla My Comm°� Counly - Expk. Jan 25, 201 ILLEGIBLE NOTARY SEAL DECLARATION GOVERNMENT CODE 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT WHICH THIS STATEMENT IS ATTACHED, READS AS FOLLOWS: NAME OF NOTARY: COUNTY WHERE BOND IS FILED:_ QJ DATE COMMISSION EXPIRES: - DUD PLACE OF EXECUTION OF THIS DECLARATION: Irvine, California DATE: COMMISSION NUMBER: )Z -t 35A AUTHORIZED MANUFACTURES CODE:_ /o %U al SOUTHLAND /TITLE RON FERN ILLEGIBLE NOTARY SEAL DECLARATION GOVERNMENT CODE 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT WHICH THIS STATEMENT IS ATTACHED, READS AS FOLLOWS: NAME OF NOTARY: ffmw I� 1 , w ok� COUNTY WHERE BOND IS FILED:_ Dt� DATE COMMISSION EXPIRES:_ �}� , ib PLACE OF EXECUTION OF THIS DECLARATION: Irvine, California DATE: kA -Q-, . L . ;717f)1 COMMISSION NUMBER: 1Lp 3 :3 v/ -] AUTHORIZED MANUFACTURES CODE: SOUT LA D TITLE RON FERNANDO EXHIBIT "A" Parcel 1: ORDER NO. 27532493 The Westerly 45 feet of Lot 2, and the Easterly 10 feet of Lot 1, in the City of Newport Beach, County of Orange, State of California, as shown upon a Record of Survey map recorded in Book 9 Pages 42 and 43 of Record of Surveys, on file in the Office of the County Recorder of said County, together with certain portions of adjoining Lots I and H as shown upon said map and as more fully in said lease. Parcel 2: That Portion of Lot "I" Fronting the Westerly 45 Feet of Lot 1 and the Easterly 10 feet of Lot 1 and Extending Southward To The U.S. Bulkhead Line. Parcel 3: That Portion of Lot "H" Fronting The Westerly 45 Feet of Lot 2 and the Easterly 10 Feet of Lot 1, Being that portion bounded by the prolongation of the West and East Lines of the Westerly 45 Feet of Lot 2 and the Easterly 10 Feet of Lot 1 Northward to the Boundary of Beacon Bay Subdivision. 3