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HomeMy WebLinkAboutC-7139-25 - Beacon Bay, 37 - Termination of Leasehold 2013RECORDING REQUESTED BY TICOR TITLE TUSTIN-ORANGE CO. BRANCH RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658-8915 Attn: City Manager's Office Recorded in Official Records, Orange County Renee Ramirez, Assistant Clerk -Recorder f Illi) I 1 I III! 1111111111111 VIII 111111111111111 Ijjj1111111111111111111111 oa *$ R 0 0 0 5 5 9 3 1 0 3$ 201300009057412:20 pm 02113/13 117 402 T03 4 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) TERMINATION OF LEASEHOLD This agreement is made this day of February, 2013, by and between the CITY OF NEWPORT BEACH, hereinafter called "Lessor", and Jerome A. Woods, Successor Trustee of the Beacon Bay Trust APRT, dated 11-12-97, hereinafter called "Lessee". RECITALS A. Lessor and Lessee executed a lease on April 29, 1998, and subsequently recorded June 3, 1998, by the County Recorder of Orange County, California as Instrument No. 19980345445. By the terms of the lease, the following described property was leased to Lessee until July 1, 2044. Lot 37 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 agrees to terminate the lease as described herein above as of February 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. [signature page to follow] RECORDING REQUESTED BY TICOR TITLE TUSTIN-ORANGE CO. BRANCH RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658-8915 Attn: City Manager's Office (SPACE ABOVE THIS LINE FOR RECORDER'S USE) TERMINATION OF LEASEHOLD This agreement is made this ` & day of February, 2013, by and between the CITY OF NEWPORT BEACH, hereinafter called "Lessor", and Jerome A. Woods, Successor Trustee of the Beacon Bay Trust APRT, dated 11-12-97, hereinafter called "Lessee". RECITALS A. Lessor and Lessee executed a lease on April 29, 1998, and subsequently recorded June 3, 1998, by the County Recorder of Orange County, California as Instrument No. 19980345445. By the terms of the lease, the following described property was leased to Lessee until July 1, 2044. Lot 37 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 agrees to terminate the lease as described herein above as of February 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. [signature page to follow] EXECUTED on February 2,2& 2013 at Newport Beach, Orange County, California. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY Date: Z_ I Ti 13 By: Aaron Ha^ r�-' City Attorney ATTEST: , rQ Date: 0 s By: Leilani I. Brown City Clerk c. CITY OF NEWPORT BEACH, A California municipal corporation Date: -2-1'2113 By: dk- David Kiffl 9il City Manager LESSEE Date: By: _ 9t<11Z41 Jere A. Woods, Successor Trustee Be on Bay Trust APRT, dated 11-12-97 CALIFORNIA•ACKNOWLEDGMENT State of California County of lU1 �-/W2t�.ly On I l J before me, Date _ personally appeared s. A' OENTA Commission # 1963670 a .pw Notary Public California D z ` Orange County My Comm. Expires Dec 16, 2015 14 n - UNmms who proved to me on the basis of satisfactory evidence to be the person< -whose names/axesubscribed to the within instrument and acknowledged to me that he/.5Wteexecuted the same in his/h Ir authorized capacity0esj, and that by his/[y_0heif`signature(<,on the instrument the personK,, or the entity upon behalf of which the persoryeacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m hand a d offic� I al. Signature Place Notary Seal Above Kgnature bf 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: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): — Ll Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBPRINT OF SIGNER of Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBPRINT OF SIGNER •• of thumb here @2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA) COUNTY OF ORANGE ) On February 7, 2013 before me, M Locey, Notary Public, personally appeared David 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. M. LOCFY Commission # 1864451 WITNESS my hand and official seal. Q10... Notary Public - CaliforniaOrange county Comm. P­i­ Oct 7, 2013 LIA. LRC�� (SEAL) Notary Public in and for awe OPTIONAL INFORMATION Title or Type of Document: Termination of Leasehold EXHIBIT "1" LEGAL DESCRIPTION OF THE PROPERTY That certain real property located in the City of Newport Beach, County of Orange, California, described as follows: Lot 37 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. -I-