HomeMy WebLinkAboutC-7423-8 - Beacon Bay, 43 - Consent to Assignment of Leasehold Interest to a Living Trust 2001RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of Newport Beach
City Manager's Office
P.O. Box 1768
Newport Beach, CA 92658-8915
Recorded in Official Records, County of Orange
Gary Granville, Clerk -Recorder
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CONSENT TO ASSIGNMENT OF LEASEHOLD INTEREST
TO A LIVING TRUST
THIS CONSENT is given this lqtlday of J'U n e- , 2001, by the CITY
OF NEWPORT BEACH, a Chartered Municipal Corporation (hereinafter the "City") on the
following terms and conditions:
RECITALS
A. The City entered into a Lease dated June 27, 1994, (the "Agreement"), with Robert
L. Thorne and Julie A. Thorne concerning certain real property described as: Lot No. 43, in the
City of Newport Beach, County of Orange, State of California, as per 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
County (the "Property"), as evidenced by a Memorandum of Lease recorded on December 7,
1994, as Instrument No. 94-0701503 in the Official Records of Orange County.
B. By declaration dated November 14, 2000, Robert L. Thorne and Julie A. Thorne, as
Trustors and as Trustees, established the ROBERT L. and JULIE A. THORNE TRUST Dated
November 14, 2000.
C. By assignment dated November 14, 2000, Robert L. Thorne and Julie A. Thorne
also assigned all their interest in and to that certain lease made and entered into on June 27,
1994, by and between the CITY OF NEWPORT BEACH, as Lessor, and Robert L. Thorne and
Julie A. Thorne, as Lessees, to Robert L. and Julie A. Thorne, Trustees of the ROBERT L. and
JULIE A. THORNE TRUST Dated November 14, 2000, by Robert L. Thorne and Julie A. Thorne,
as Trustors and as the original Trustees.
CONSENT
NOW, THEREFORE, the City does hereby consent to the assignment of all interest in and
to that certain lease made and entered into on June 27, 1994, by and between the CITY OF
iVEWPORT BEACH, as Lessor, and Robert L. Thorne and Julie A. Thorne, as Lessees, to Robert
L. Thorne and Julie A. Thorne, Trustees of the ROBERT L. and JULIE A. THORNE TRUST Dated
November 14, 2000, by Robert L. Thorne and Julie A. Thorne, as Trustors and as the original
Trustees, and further agrees subject to the following provisions:
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1. Said Assignment of Lease shall be subject to each and all of the covenants,
conditions and restrictions set forth in the Lease and shall be subject to all rights and interest of
the City thereunder, except as herein otherwise provided.
2. Upon the death of the last to die of the Trustors, the successor Trustee shall
comply with all provisions of the Lease, including those conditions precedent and fee
requirements of Paragraph 4 of said lease.
3. Trustors agree to provide a copy of the complete trust containing these
provisions to the City to ensure that any transfer of the leasehold will not circumvent that
provision of the lease tailing for increased rent upon transfer.
4. All notices and other communications required or permitted under this Consent
to Assignment shall be in writing, served personally on, or mailed by certified or registered
United States mail to the party to be charged with receipt thereof. Notices and other
communications served by mail or communication in a United States post office in Orange
County, California, as certifed or registered mail with postage prepaid and duly addressed to
the party to whom such notice or communication is to be given in the case of the Trustee at 43
Beacon Bay, Newport Beach, CA 92660, or the City of Newport Beach at 3300 Newport
Boulevard, Newport Beach, CA 92663, Attention: City Manager. Any such party may change
said party's address for purposes of this Section 4 by giving to the party intended to be bound
hereby, in the manner provided herein, a written notice of such change.
5. This Consent to Assignment shall not be effective until recorded.
City Clerk
CITY OF NEWPORT BEACH
• -•� i �� /
CfTY MANAGER
ROBERT L. THORNE
APPROVED AS TO FORM:5,
ULIE A. THORNE
City Attorney
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of `-A) 6 a
County of --c/ 1r
On `_ f � 0 1 before me, W1'a� ( V .
Date I I,, N me and Title of Officer (e.g., "Jane Doe, Notary Public")
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Name(s) of Signer(s)
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whose names,�s ar subscribed to the within instrument
and acknowledged to me that he/she 6eexecuted the
LEILANI V. INES same in his/her hei authorized capacit and that b
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z`=® {m No`ary Public - California z
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Orange County
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executed the instrument.
WITNESS my hand and official seal.
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
Title or Type of Document:
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Signer(s) Other Than Named Above:
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Signer's Name:
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RIGHT THUMBPRINT
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0 1995 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No, 5907 Reorder: Call Toll -Free 1-800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
County of DI�t1v61� -
On ( �M F=1�61 �V)t before me, LQ LA i V • W�
Date Nam and Title of Officere.
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personally appeared MQZ- L- LI/iji�'(/� �A VON14t,- ---
Name(s) of Signer(s)
)(personally known to me – OR – ❑ proved to me on the basis sati factory evidence to be the persoro
whose nam (s A ar subscribed to the within instrument
and acknowledged to me that he/she/e executed the
LEILANI V. IN� same in his/her/ ei authorized capacity s and that b
Commission # t 170960 Z his/her/ eir ignatur spn the instrument the perso s)
Z a® No`aryPublic- Ca►ifomia � or the entity upon behalf of which the perso acted,
Orange County executed the instrument.
My Comm. Bores Jan 25, 2002
WITNESS my hand and official seal.
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Signature of Notary Pub
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
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
i
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing
RIGHT THUMBPRINT
OF SIGNER
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Signer's Name:
El
Number of Pages:
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing
RIGHT THUMBPRINT
OF SIGNER
0 1995 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827