HomeMy WebLinkAboutC-6353(E) - Harbor Island Drive, 15 - MOL 2005(�
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WHEN RECORDED MAIL�Q
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City of Newport Beach
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City Manager's Office �.
P O Box 1768
Newport Beach, CA 92658
This Document, s electronically recorded by
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Recorded in Official Records, Orange County
Tom Daly, Clerk -Recorder
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2005000043943 02:21 pm 01 /19/05
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MEMORANDUM OF LEASE
NO DOCUMENTARY TRANSFER
C� TALC IVE. SAJD LEA ft is I"
LE8S THAN 99 YEARS.
THIS MEMORANDUM OF LEASE is entered into this 1 - day of January, 2005
between the City of Newport Beach, a chartered municipal corporation, herein called "Lessor",
and William W. Smith, Jr., herein called "Assignee/Tenant" to witness that:
A. Under the terms of that certain lease (the "Lease") dated December 12, 1993 between the
City of Newport Beach as Lessor and William F. Power and Marlene Power
("Assignors/Tenant"), husband and wife, as community property, as Tenant, certain
property 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 of the sidelines of Lot # 16 (erroneously 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 in the City of Newport Beach,
County of Orange, State of California.
B. On July 19, 2002, Assignors/Tenant transferred and assigned the Lease to Ted
Christensen and Eve Christensen, husband and wife, as community property (the
"Christensens") and certain terms of the Lease were clarified by Agreement between
Lessor and the Christensens dated July 19, 2002.
C. As more particularly defined in said Lease, Assignee/Tenant has exclusive private
enjoyment of the Premises as an adjunct to the residence of that single family residence
that adjoins the Premises and can exclude public access during the term of the Lease.
D. The term of the Lease is forty nine years commencing on March 22, 1993.
E. All of the terms and conditions of the Lease are in full force and effect.
Executed on January , 2005, at Newport Beach, Orange County, California.
Lessor:
City of Newport Beach
BY PZ*"�Z.
CITY MANAGER
(Print Title)
Approved as to form:
t
By:
City Attorney
Attest:
B _
City Clerk
2
LeaseThristenscn-Memo of Lease 122204
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On 1,119 a005 before me,P1,if in l�X(' � (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 entity upon behalf of which the person(s) acted, executed the instrument.
LcaseThristcnscn-Mcmo of Lcasc 122204
BRIAN J.FOXCROFT
•��
NOW PUBLIC CALIFORNIA c
961
CONIMISSION # 12J
a u1-1 I T ORANGE COUNTYy
w� m. Exp. Marc 2005
MY Com
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On \.\c ' before me,A���5V�9-�� i�°"Ni "(naml Land
title of officer), pe sonally appearedpersonally
known t e sis-of-sati.sfaQtor-y-e*idgnse-}-to be the person whose
name is/ re subscra d to the within instrument and acknowledged me tha he/ he/they
execute the same in his er/their authorized capacity(iX), and that by hi her/their signaturred on the instrument the person(, or the entity upon behalf of which the person acted,
the instrument.
WITNESS my hand and official seal.
Signature (Seal)
Is N.,,
"1
C+7 Y FISHER
C6ITL'7iiS3ion # 1341009
z Notary PUMC - Calftmia i
Ofaange Cou�,2006
W COtTYn. E n,iMs F
4
Le—Thrisimsen-Memo of Leasc 122204
f \ '-/ ry�O
ry
EXHIBIT A
HarDor Isl n0/LsAssign-Lal 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: 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:
Govenunent code — 27336.17
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.
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.: SUI1
PLACE OF EXECUTION: Mission Viejo
DATE OF EXECUTION: 1/19/2005
SIGNATURE:
Goverrunent 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.
WHEN RECORDED MAIL TO:
JEFFREY R. MATSEN & ASSOCIATES
5001 BIRCH STREET
NEWPORT BEACH, CA 92660
MEMORANDUM OF LEASE
THIS MEMORANDUM OF LEASE is entered into this day of July, 2002 between
the City of Newport Beach, a chartered municipal corporation, herein called "Lessor", and Ted
Christensen and Eve Christensen, herein called "Assignees/Tenant" to witness that:
A. Under the terms of that certain lease (the "Lease") dated December 12, 1993 between the
City of Newport Beach as Lessor and William F. Power and Marlene Power
("Assignors/Tenant"), husband and wife, as community property, as Tenant, certain
property 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 of the sidelines of Lot #16 (erroneously 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.
B. On May 15, 1998, Assignors/Tenant transferred and assigned the Lease to
Assignees/Tenant. Through inadvertence, a formal written Assignment was never
executed but Assignees/Tenant have paid rent under the Lease to Lessor. On July
2002, Assignors/Tenant formally assigned the Lease to Assignees/Tenant by
means of a written Assignment of Lease which was accepted by Assignees/Tenant and
consented to by Lessor.
C. As more particularly defined in said Lease, Assignees/Tenant have exclusive private
enjoyment of the Premises as an adjunct to the residence of that single family residence
that adjoins the Premises and can exclude public access during the term of the Lease.
D. The term of the Lease is forty nine years commencing on March 22, 1993.
E. All of the terms and conditions of the Lease are in full force and effect.
Executed on July, 2002, at Newport Beach, Orange County, California.
Lessor:
City of Newport Beach
(Print Title)
Approved as to form:
By:
City Attorney
Attest:
By:
City Clerk
Assignees\Tenant:
TED CHRISTENSEN
2
Lc;—NCI nsLease
EVE CHRISTENSEN
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On before me, (name and
------_ titte o-f-offic-er),_per-sQnally—aRRear-e _ =-----------__-_--
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.
WITNESS my hand and official seal.
Signature
Leuse\Chrisiensent<lenv: of Le:ne
(Seal)