The URL can be used to link to this page

Home My WebLink AboutC-7342-14 - Beacon Bay, 60 - Consent to Assignment of Leasehold Interest to a Living TrustBatch 4347154 Confirmation Page 1 of 2 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Newport Beach City Clerk's Office 100 Civic Center Drive Newport Beach, CA 92660 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder I I111111 1111111111111I 11111111111111111111111111111111111 Jill 1II 21.00 *$ R 0 0 1 0 6 9 8 0 0 0$* 2019000081042 2:17 pm 03/14119 63 NCR1 C34 5 0.00 0.00 0.00 0.00 12.00 0.00 0.000.000.00 3.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE CONSENT TO ASSIGNMENT OF LEASEHOLD INTEREST TO A LIVING TRUST THIS CONSENT TO ASSIGNMENT ("Consent to Assignment") is given this I_?* day of March 2019, by the CITY OF NEWPORT BEACH, a California municipal corporation and charter city (hereinafter the "City") on the following terms and conditions: RECITALS A. On November 6, 2013, the City entered into a Lease with James R. Kelly and Katherine V. Kelly, husband and wife as Joint Tenants ("Lessee"), concerning certain real property described as: Lot 60 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, Assessor's Parcel Number ("APN") 988-88-373, sometimes referred to as Beacon Bay Lot 60, ("Property"), as evidenced by a Memorandum of Lease recorded on November 6, 2013, as Instrument No. 2013000618774 in the Official Records of Orange County (the "Lease"). B. On November 10, 2017, ownership of the Property was transferred to Katherine V. Kelly, an unmarried woman, as evidenced by a Grant Deed recorded on December 26, 2017, as Instrument No. 2017000556409 in the Official Records of Orange County. , C. On January 2, 2018, ownership of the Property was transferred to Katherine Verhovek Kelly, Trustee of the K: Kelly Living Trust, dated June 2, 2017 ("Trust"), as evidenced by an Individual Grant Deed recorded on February 16, 2018, as Instrument No. 2018000055889 in the Official Records of Orange County. D. On January 29, 2019, Katherine Verhovek Kelly ("Trustee") requested the City to consent to all interest in and to the Lease be assigned to the Trust ("Lease Assignment"). https:Hgs.secure-recording.com/Batch/Confirmation/4347154 03/14/2019 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Newport Beach City Clerk's Office 100 Civic Center Drive Newport Beach, CA 92660 SPACE ABOVE THIS LINE FOR RECORDER'S USE CONSENT TO ASSIGNMENT OF LEASEHOLD INTEREST TO A LIVING TRUST THIS CONSENT TO ASSIGNMENT ("Consent to Assignment") is given this ON day of March 2019, by the CITY OF NEWPORT BEACH, a California municipal corporation and charter city (hereinafter the "City") on the following terms and conditions: RECITALS A. On November 6, 2013, the City entered into a Lease with James R. Kelly and Katherine V. Kelly, husband and wife as Joint Tenants ("Lessee"), concerning certain real property described as: Lot 60 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, Assessor's Parcel Number ("APN") 988-88-373, sometimes referred to as Beacon Bay Lot 60, ("Property"), as evidenced by a Memorandum of Lease recorded on November 6, 2013, as Instrument No. 2013000618774 in the Official Records of Orange County (the "Lease"). B. On November 10, 2017, ownership of the Property was transferred to Katherine V. Kelly, an unmarried woman, as evidenced by a Grant Deed recorded on December 26, 2017, as Instrument No. 2017000556409 in the Official Records of Orange County. C. On January 2, 2018, ownership of the Property was transferred to Katherine Verhovek Kelly, Trustee of the K. Kelly Living Trust, dated June 2, 2017 ("Trust"), as evidenced by an Individual Grant Deed recorded on February 16, 2018, as Instrument No. 2018000055889 in the Official Records of Orange County. D. On January 29, 2019, Katherine Verhovek Kelly ("Trustee") requested the City to consent to all interest in and to the Lease be assigned to the Trust ("Lease Assignment"). CONSENT NOW, THEREFORE, the City does hereby consent to the assignment of James R. Kelly and Katherine V. Kelly, husband and wife as Joint Tenants' interest in and to the Lease to Katherine Verhovek Kelly, Trustee of the K. Kelly Living Trust, dated June 2, 2017, subject to the following. - 1 . ollowing: 1. Said Lease Assignment 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 Section 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 calling 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 shall be deposited in a United States post office, as certified or registered mail with postage prepaid and duly addressed to the party to whom such notice or communication is to be given as follows: Notice to Trustee: Attention: Trustee K. Kelly Living Trust 60 '/2 Beacon Bay Newport Beach, CA 92660 Notice to City: Attention: Real Property Administrator City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Any such party may change said party's address for purposes of this Section 4 by giving to the party intended to be bound thereby, in the manner provided herein, written notice of such change. 5. This Consent to Assignment shall become effective upon recording. [SIGNATURES ON FOLLOWING PAGE] Consent to Assignment Page 2 EXECUTED on the dates indicated below, at Newport Beach, Orange County, California. APPROVED AS TO FORM - CITY ATTORNEY'S OFFICE Date: 2 2,01 For. Aaron C. Harp City Attorney ATTEST: Date: ,3-1j--I� (�,Z.&/Aat2 ""n iIan4rk Brown City C CITY OF NEWPORT BEACH, a California municipal corporation Date. 3113 (t� Gr e . Leung Ci anager LESSEE: K. Kelly Living Trust dated June 2, 2017 Date: - t�- - 1 `1 Katherine Verhovek Kelly Trustee Consent to Assignment Page 3 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of 0,ff!=3 ict-1 }ss. On k& - t <— , 20C before ` me, 05 P -l. Notary Public, personally appeared- ! ho proved to me on the basis of satisfactory evidence to be the per whose na Is/ re sub ribed to the within instrument and acknowledged to me that he sho/t ey executed the same in h- /her heir authorized capacityoesj-and that by hi her heir signatures(f 'on the instrument the pe n(s)�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. WITNESS m hand and o icial al. JOSEPH GUILLEN *My Notary Public - California Orange CountyCommission N 2244359 Comm. Expires May 28, 2022 Si atur (seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 C ...... C! Y..'aC C_..0 C C CSC C C C -- ------------ A C-------C A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of 00-A W V E On 13 .2C1 q before meJCNNI*;eWZ AWO I1' IVLVEy Pb&ll C , Date Here Insert Name and Title of the Officer personally appeared ,12ACE k • 1 EU l`(& Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(&) whose name(&) is/are subscribed to the within instrument and acknowledged to me that he/shekhey executed the same in Na4her/their authorized capacity(+@,&), and that by 4ios/her/t4ek signature(a} n the instrument the personks), or the entity upon behalf of which the person(s) acted, executed the instrument. Jennifer Ann Mulvey �, COMM #2214138 a W Notary Public - California rn ¢ ORANGE COUNTY MyCommissionExpiresOct. 12,2021 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my Signature official seal. ofAVotary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: '.�%A✓:C✓.'•✓ '✓•1'✓.:' •✓" .'✓:v:v.�'..��.G� 'J:v� � �✓.'.•r.�� ✓ 'L.'✓G�✓:'✓:'✓.'•✓6v4'✓6�✓ v:'✓ �✓.�✓.��•�U.:�:'eii.�✓.:<✓:C✓4'✓,�✓,.�✓:' 0 1 � • • ' • • • • • • ill � ' • ill i • •: •1