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HomeMy WebLinkAboutC-6353(D) - Harbor Island Drive, 15 - Assignment of Lease 2005This Document' 3 electronically recorded by ..al Title MV WHEN RECORDED Ak6:L.-; Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder -5 t �9 `� � I I II VIIIII IIIIIII II IIII I I II I 1 City of Newport Beach 39.00 City Manager's Office 2005000043942 02:21 pm 01/19/05 P O Box 1768 108 49 A34 A04 C34 8 Newport Beach, CA 91658 0.00 0.00 0.00 0.00 21.00 0.00 0.00 0.00 Documentary Transfer Tax: $0.00 No Consideration Term of Lease: Less than 99 years ASSIGNMENT OF LEASE For valuable consideration, receipt of which is hereby acknowledge, the undersigned, TED CHRISTENSEN and EVE CHRISTENSEN, husband and wife, as community property ("Assignors"),do hereby transfer, assign and cone t rr T r A M jai s-MITH JR. ("Assignee"), all right, title and interest as Tenant under that certain Lease made by and between the City of Newport Beach, a Municipal corporation, and therein after referred to as "Lessor" and WILLIAM F. POWER and MARLENE POWER, thereinafter referred to as "Tenant" and dated December 12, 1993, as amended by that certain Agreement and Assignment dated July 19, 2002, by the Lessor and TED CHRISTENSEN and EVE CHRISTENSEN, with respect to the premises shown on Exhibit "A" attached hereto and by reference made a part hereof and described as those filled tidelands running between the extension of the sidelines of Lot 16 (erroneously referred to in the Lease as Lot 15 of Tract 802, for Adjudicated mean high tideland to the United States bulkhead line excepting therefrom those lands lying below the existing mean tide line, together with all of the improvements presently on said Premises in the City of Newport Beach, County of Orange, State of California. Dated: Aq '5✓ Assi TED RISTENSEN STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On before me, �(LxRO Ck qg�-t" (name and title of officer), personally appeared TED CHRISTENSEN, personally known to me (or 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. ------ Z_ _ _. STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) (Seal) On before me, etQ PrQ jt: ' (name and title of officer), personally appeared EVE CHRISTENSEN, personally known to me (or 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. (Seal) N J.NE S m h d and official seal.UBy R�s ISSIDNG. M A.,. ,-A Exp. March 31, 2005 STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) (Seal) On before me, etQ PrQ jt: ' (name and title of officer), personally appeared EVE CHRISTENSEN, personally known to me (or 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. (Seal) 2 AssignmentThristensen-Assign of Lease BRIAN J. FOXCROFT NOTARY PUBLIC - CALIFORNIA W - `�',� COMMISSION # 1295961 a ORANGE COUNTY My Comm. Exp. March 31. 200j 2 AssignmentThristensen-Assign of Lease ACCEPTANCE: The undersigned Assignee named in the foregoing Assignment hereby accepts said Assignment and agrees with and for the benefit of Lessor under the Lease to keep, perform and be bound by all the terms, covenants and conditions contained in the Lease on the part of the Tenant therein to be kept and performed to all intents and purposes as though the undersigned Assignee was the original Tenant thereunder. The undersigned Assignee further covenants and agrees that he has examined the Premises and no representation or warranties have been made by Lessor or any other person or agent acting for Lessor in connection with the Premises. Assignee accepts the Premises "As Is". COUNTY OF ORANGE ss. On 14 bG before me, CZ_� �D)CC' Q,��� (name and title of officer , personally appeared WILLIAM W. SMITH, JR., personally known to me (or 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 egt4y upon behalf of which the person(s) acted, executed the instrument. WITNES y han a id official se '. �-6A11A,.,,,.A.^.j, BRIAN J- F( NIA NOTARY PUBLIC 1295961 COMMISSION # _ j y ORANGE C31,OUNTY 2005 j My Comm. Exp. March ..� nat (Seal) 3 AssignmentThristensen-Assign of Lease CONSENT TO ASSIGNMENT OF LEASE The City of Newport Beach, California, Lessor under the hereunder described Lease acting by and through its designated officer does hereby consent to the Assignment of Lease herein pursuant to the terms and conditions set forth in Article 14 of the Lease. The City of Newport Beach, California By: City Manager HOMER BLUDAU (Print Name) Approved as to from: �l By: City Attorney Vo - 6 C'I� 1-� o (Print Name) Attest: By: City Clerk° <.� vcon C- /li• arkfess (Print Name) 4 Assignmen(Thristensen-Assign of Lease STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On ' �Jb before me, C G' (name and title of officer), personally a peared L personally known to me e a ' -ti-s%-tory evide ee) to be the rson( whose name 1s re subs abed to the within instrument and acknowledged to me that he he/they executed the same in is/ er/their authorized capacity(i,,z�, and that by(his er/their signatureN) on the instrument the person(, or the entity upon behalf of which the person(� acted, executed the instrument. rr WITNESS my hand and official seal. Signature (Seal) CAfi YFISHER Commission # 1341009 Z Notary Public - Califomia Z orange County Nh' Cel"*- 1.FxPires Feb 21 2006 5 Assignment\Chris. -Assign of — EXHIBIT A Harbor Isld'nO/LsAssign•Lol 16 HA55D•26.16 Government code — 2736.17 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: Brian J. Foxcroft DATE COMMISSION EXPIRES: March 31, 2005 COUNTY WHERE BOND IS FILED: Orange COMMISSION NO.: 1295961 MANUFACTURER/VENDER NO.: SUIT PLACE OF EXECUTION: Mission Viejo DATE OF EXECUTION: 1/19/2005 SIGNATURE: Government code — 2736.17 I CERTIFY UNDER PENALTY OF PERJURY THAT THE ILLEGIBLE PORTION OF THIS DOCUMENT, TO WHICH THIS STATEMENT IS ATTACHED, READS AS FOLLOWS: PLACE OF EXECTUION: DATE OF EXECUTION: SIGNATURE: Penalty of Peijury Doc. Government code — 2736.17 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: Cathy Fisher DATE COMMISSION EXPIRES: Feb. 21, 2006 COUNTY WHERE BOND IS FILED: Orange COMMISSION NO.: 1341009 MANUFACTURER/VENDER NO.: NNA1 PLACE OF EXECUTION: Mission Viejo DATE OF EXECUTION: 1/19/2005 SIGNATURE: Government code — 2736.17 I CERTIFY UNDER PENALTY OF PERJURY THAT THE ILLEGIBLE PORTION OF THIS DOCUMENT, TO WHICH THIS STATEMENT IS ATTACHED, READS AS FOLLOWS: PLACE OF EXECTUION: DATE OF EXECUTION: SIGNATURE: Penalty of Perjury Doc. r ;ECF=1�C� c X12 WHEN RECORDED MAIL TO: JEFFREY R. MATSEN & ASSOCIATES 5001 BIRCH STREET NEWPORT BEACH, CA 92660 ASSIGNMENT OF LEASE For valuable consideration, receipt of which is hereby acknowledged, the undersigned, WILLIAM F. POWER and MARLENE POWER, husband and wife, as community property ("Assignors"), do hereby transfer and assign to TED CHRISTENSEN and EVE CHRISTENSEN, husband and wife; as community property ("Assignees"), all right, title and interest under that certain Lease (the "Lease") dated December 12, 1993, between the City of Newport Beach, a Municipal corporation as Lessor and WILLIAM F. POWER and MARLENE POWER, husband wife, as community property, as Tenant, with respect to that certain property hereinafter referred to as the "Premises" shown on Exhibit "A" attached hereto and by reference made a part hereof and described as those filled tidelands lying between the extension on sidelines of Lot #16 (inadvertently referred to as Lot #15 in the Lease) of Tract 802 from the adjudicated mean high tide line to the United States bulkhead line, excepting therefrom those lands lying below the existing mean high tide line, together with all the improvements presently on said Premises. This written Assignment memorializes the de facto Assignment that took place on May 15, 1998, between Assignors and Assignees. Dated: ZZ/ % 4D ;-- ASSIGNORS: 1 TAM F. POWER IAA�r lto-u�- MARLENE POWER ACKNOWLEDGMENT STATE OF CALIFORNIA ss. COUNTY OF ORANGE On A19 ,a?oy� before me, ,,E-1iaaXeX-4 GU . 1v9as441 (name and title of officer), personally appeared WILLIAM F. POWER, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person( whose name(s) is/ale subscribed to the within instrument and acknowledged to me that he/ske4h&y executed the same in his/hordthpi authorized capacity(ys), and that by his/heir signature(o on the instrument the person(g), or the entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and official seal. .y- ELIZABETH W. KROGSTAD _]]Commission # 1331166 It Z • Notary Public - California z , 2! Orange County Signat ' awcomm'_ 12,,2M ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On .,Au IN / y , ?eO x before me,��i i.r e'4 eW • (name and title of officer), personally appeared MARLENE POWER, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(,a'j whose name(g) is/ale subscribed to the within instrument and acknowledged to me that 4;e/she/thy executed the same in leis/her/heir authorized capacity(ies), and that by lis/her/their signature(,) on the instrument the person(s), or the entity upon behalf of which the person(g) acted, executed the instrument. WITNESS my hand and official seal. Signatere 2 LeasekChirsteo,Power-Assign of Lens, ELIZABETH W KROGSTAD Commission # 1331166 Notary Public - C81ifomia orange County My Comm. Expires ow 12, 2W6 ACCEPTANCE The undersigned Assignees named in the foregoing Assignment, jointly and severally, hereby accept said Assignment and hereby agree with or for the benefit of Lessor under the Lease, to keep, perform and be bound by all of the terms, covenants and conditions contained in the Lease on the part of the Tenant therein to be kept and performed, to all intents and purposes as though the undersigned Assignees were the original Tenant thereunder. The undersigned Assignees further covenant and agree that they have examined the Premises and no representation or warrantees have been made by Lessor or any other person or agent acting for Lessor in connection with the Premises. Assignees accept the Premises "as is". Dated: Assignee: toe TED CHRISTENSEN 3 L -SCh-t-,P.-1-Assign of Ue — EVE CHRISTENSEN ACKNOWLEDGMENT STATE OF CALIFORNIA ss. COUNTY OF ORANGE On July 19, 2002 before me, JULIE C. WAHLSTEDT (name and title of officer), personally appeared TED CHRISTENSEN, personal y known to me (or proved to me on the basis of satisfactory evidence) to be the persorha)k.D/ ose name&isesubscribed to e within instrument and acknowledged to he/they/executed the same in' i Ther/their authorized capacity/s), s), and that b is�etheir signatures) on the instrument the person , or the entity upon behfilf of which the perso acted, executed the instrument. hand and official seal. JULIE C W, HWED cor"misslon # I T # 124704,2 < Publlc - Coll fa,.,a� Ah,"n�rftpBC� 2303 ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On July 19, 2002 before me, JULIE C. WAHLSTEDT (name and title of officer), personally appeared EVE CHRISTENSEN, personalI known to me (or proved to me on the basis of satisfactory evidence) to be the person who nam is are subscribed to the within instrument and ackno ledged to me6eheir h they executed the same in his /their authorized capacity ' ), and that by his signatuKedthe on the instrument the persoj, or the entity upon beh if of which the perso i( 4cted, execu instrument. my hand and official seal S JULIE C. WAHii TEDT Commission # 1247042 z Notary Public - California Z Orange County My Comm. Expires Dec 25, 2003 4 Lease%CN,s,en,Pmv-Assign of Lease WO #7 i -T)20' RIGR U g`5 14 9 1DE1,PIN x