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HomeMy WebLinkAboutC-7419-8 - Beacon Bay, 41 - Termination of Leasehold 2011RECORDING REQUESTED F— This Documen as electronically recorded by FIRST AMERICAN TITLE COM. .JY y RESIDENTIAL DIVISION First American Title C Recorded in Official Records, Orange County RECORDING REQUESTED BY AND Tom Daly, Clerk -Recorder WHEN RECORDED RETURN TO: City Manager's Office 21.00 3300 City of Newport Beach m 10/12/11 2011000507651 04:29 3300 Newport Boulevard 65 404 T02 6 P Newport Beach, CA 92663 0.00 0.00 0.00 0.00 15.00 0.00 0.00 0.00 3E3S/33— _1� TERMINATION OF LEASEHOLD This agreement is made this tL1 day of 06+O Gr 2011, by and between the CITY OF NEWPORT BEACH, hereinafter called "Lessor", and JAMES F. ENGLISH and MARIE E. ENGLISH, Trustees of The James F. English and Marie E. English 1990 Revokable Living Trust, hereinafter called "Lessee". RECITALS A. Lessor and Lessee executed a lease on July 1, 2003, and subsequently recorded on July 11, 2003, by the County Recorder of Orange County, California as Instrument No. 2003000815413. By the terms of the lease, the following described property was leased to Lessee until July 1, 2044: Lot 41 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, sometimes referred to as Beacon Bay Lot 41. 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. 4 A G R E E M E N T COMPLETE LEGAL DESCRIPTION ATTACHED AS EXHIBIT (A) Lessee agrees to terminate the lease and vacate the premises as described herein above as of ( 0 C d- - ->- 0 t I , 2011, 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 on�C��t;i�' iv 2011, at Newport Beach, California. ATTEST: City Clerk APPROVED AS TO FORM: CITY OF NEWPORT BEACH BY: Lessor: bje Kiff, City Man er BY: P;--- Lessee: Michael English, Successor Trustee W wrp-M, ,,_w wor�-W�-Wv J�o City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF C O I u t a A o } COUNTY OF A & OIM S I S.S. On 1 \ before me, 6e; said state, personally appeared C f/AE-( Ems/ Notary Public in and for , 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. 0 I certify under PENALTY of PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. e40 WITNESS my hand and official seal. t�pT�Rr Signature CA41/ &%X12 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 invaluable to persons relying on the document. [ X ] INDIVIDUAL [ ] CORPORATE OFFICER(S) TITLE(S) [ ] PARTNER(S) — [ ] LIMITED [ ] GENERAL [ ] ATTORNEY-IN-FACT [ ] TRUSTEE(S) [ ] GUARDIAN/CONSERVATOR [ ] OTHER SIGNER IS REPRESENTING: Michael English, Successor Trustee Name of Person or Entity Name of Person or Entity OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: Termination of Leasehold NUMBER OF PAGES DATE OF DOCUMENT October 6, 2011 SIGNER(S) OTHER THAN NAMED ABOVE GOVERNMENT CODE 27361.7 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: KELLY BROWN COMMISSION NUMBER: N/A COUNTY WHERE BOND IS FILED: ADAMS COMMISSION EXPIRATION DATE: June 2, 2012 VENDOR NUMBER: N/A I certify under penalty of perjury and the laws of the State of California that the illegible portion of this document to which this statement is attached reads as follows: PLACE OF EXECUTION: SANTA ANA, CA DATED: October 12, 2011 SIGNATURE: 6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Co �t, of Dq:! 1 fy �c On lU� i/ U !�/ Ibefore me, (i�u Date � Here Insert Nam and Title of the Officer personally appeared who proved to me on the basis of satisfactory evidence to be the person whose name( is/aaa)O subscribed to the within instrument and acknowledged to me that he/Ke/texecuted the same in L. HARRIS hisfik f authorize capacity(' 01 and that by Commission # 1840150 his*r/tAr signaturek on the instrument the La Notary Public - California persorj9L or the entity upon behalf of which the Orange County persoriacted, executed the instrument. MV Comm.-ExPires Mar 12 2013f I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true anicorrect. WITNESS my han,9,�norpficial seal. Place Notary Seal and/or Stamp Above OPTIONAL (_ / f V (signature of Notary Public 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 Title or Type of Document: Document Date: 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 M. ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: vc000 rvauonai rvotarymssocialion • a3O0 ue JOIO AVe., Y.V. bOX '1402 • (;hatsworth, (:A 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 GOVERNMENT CODE 27361.7 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: L. HARRIS COMMISSION NUMBER: 1840150 COUNTY WHERE BOND IS FILED: ORANGE COMMISSION EXPIRATION DATE: March 12, 2013 VENDOR NUMBER: NNA1 I certify under penalty of perjury and the laws of the State of California that the illegible portion of this document to which this statement is attached reads as follows: PLACE OF EXECUTIOP' DATED: October 12, SIGNATURE: C A M I T A AKIA -A EXHIBIT 'A' File No.: O -SA -3835133 (26) Property: 41 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 JAMES F. ENGLISH AND MARIE E. ENGLISH, TRUSTEES OF THE JAMES F. ENGLISH AND MARIE E. ENGLISH 1990 REVOCABLE LIVING TRUST, LESSEE, AND SUBJECT TO ALL OF THE PROVISIONS THEREIN CONTAINED, AS DISCLOSED BY SAID DOCUMENT, DATED JULY 1, 2003; RECORDED JULY 11, 2003 AS INSTRUMENT NO. 03-815413 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. LOT 41 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. A.P.N. 988-88-051 O -SA -3835133 1 of 1