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HomeMy WebLinkAboutC-7409-10 - Beacon Bay, 2 - Termination of Leasehold 2013RECORDING REQUESTED FIRSTAMERICAN TITLE COMPANY RESIDENTIAL DIVISION RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Manager's Office City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 TERMINATION OF LEASEHOLD This agreement is made this 10day of February, 2013, by and between the CITY OF NEWPORT BEACH, hereinafter called "Lessor'' and PATRICK WARD AND CAROL WARD, husband and wife as joint tenants, hereinafter called "Lessee". RECITALS A. Lessor and Lessee executed a lease on August 2, 2007, and subsequently recorded August 2, 2007, by the County Recorder of Orange County, California as Instrument No. 2007000484299. 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 Lot H and I and 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 as described herein above as of February 4 , 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 said date. SEE EXHIBIT "A" ATTACHED EXECUTED on Ct6mQ a4 13 Z13 at Newport Beach, Orange County, California ATTEST: � h City Clerk APPR AS TO FORM: City Attorney vto CITY OF NEWPORT BEACH BY: )�, c-.- oi, ! Lessor: Dave Kiff, City Manager BY: Lessee: Patrick Ward BY: 2,2,11 Lessee: Carol Ward -'r.., LL ,.. c_. e,re 1V, N Ir, I 11III t.i, 1:',.Ilrr, .11 r AI I Ir PC, 111 7 E F I - State of California ) CALIFORNIA ALL-PURPOSE - County of Ovu e ) CERTIFICATE OF ACKNOWLEDGMENT On before me, f'� 8e-1ttjN0�-Q1q�b (here insert name and title of the officer) personally appeared %rLWctviJ p t a 2 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 person(s) acted, executed the instrument. _ certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. W14 ' DANIEL BELL - COMM. #1971449 Z WITNESS my hand and official seal. �° ''� Notary Public California 70 Z ` , Orange County - My Comm, Expires Mar, 82016 F Signature (Seal) 3 Zi OPTIONAL INFORMATION - s Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this - acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document Method of Signer Identification titled/for the purpose of Proved to me on the basis of satisfactory evidence: _❑ form(s) of identification 0 credible witness(es) F 6 Notarial event is detailed in notary journal on: - containing pages, and dated Page # Entry # The signer(s) capacity or authority is/are as: Notary contact: ❑ Individual(s) Other 3 ❑ Attorney -in -Fact ❑ Additional Signer(s) Signer(s) Thumbprint(s) _ ❑ Corporate Officer(s) Title(s) ❑ 3 ❑ Guardian/Conservator ❑ Partner - Limited/General ❑ Trustee(s) 3 ❑ Other: representing: Name(s) of Person(s) or Entity(ies) Signer is Representing L1N3V�J:13110Nb)V`lel/10Ya_Vl{1_lrl-'C 3 31; _r(.,.;_11 -1".. .I o" J'1J:_I!3"rli. .,.._... .11,X13 r 0" "i 1_ 11 3 !"I"�JJ3 l tIN" 1111111 11U311� 111'.[IAV__li 1',"1 311 J.11'.1INl: ,ll.. © Copyright 2007-2011 Notary Rotary, Inc. PO Box 41400, Des Moines, IA 50311-0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA) COUNTY OF ORANGE ) On February 13, 2013 before me, M Locey, Notary Public, personally appeared Dave Kiff who 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 he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. -------------------- M. LOCEY Commission # 1864451 �w Notary Public - California z WITNESS my hand and official seal. Orange County > My Comm. Expires Oct 7, 2013 yl�_ (SEAL) Notary Public in and for said Sta OPTIONAL INFORMATION Title or Type of Document: Termination of Leasehold — Patrick Ward and Carol Ward EXHIBIT 'A' File No.: O -SA -4219279 (26) Property: 2 Beacon Bay, Newport Beach, CA 92660 A LEASEHOLD ESTATE CREATED BY THAT CERTAIN MEMORANDUM OF LEASE EXECUTED BY THE CITY OF NEWPORT BEACH, A CHARTERED MUNICIPAL CORPORATION, LESSOR, AND PATRICK WARD AND CAROL WARD, HUSBAND AND WIFE AS JOINT TENANTS, LESSEE, AND SUBJECT TO ALL PROVISIONS THEREIN CONTAINED, AS DISCLOSED BY SAID DOCUMENT, DATED JULY 31, 2007 RECORDED AUGUST 2, 2007 AS INSTRUMENT NO. 07-484299 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL 1: THE WESTERLY 45 FEET OF LOT 2, AND THE EASTERLY 10 FEET OF LOT 11 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. A.P.N. 988-88-369 O -SA -4219279 1 of 1