HomeMy WebLinkAboutC-7409-14 - Beacon Bay, 2 - MOL 2021RECORDED AT THE REQUEST'
OF CHICAGO 7X7LE
Recording Requested By
and When Recorded Return To:
City of Newport Beach
100 Civic Center Drive
Newport Beach, California 92660
Attn: City Clerk
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
111111111111111111111111111 1�111 1111111111 1�111 1�111 IIIIIII I�JI I I 1111111 NO FEE
*$ R 0 0 1 3 1 1 1 8 4 1$*
2021000534471 1:28 pm 08125121
227 NC -5 M 11 4
0.00 0.00 0.00 0.00 9.00 0.00 0.000.000.00 0.00
(Exempt from Recording Fees — Government Code §§ 6103 and 27383)
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
MEMORANDUM OF LEASE
THIS MEMORANDUM OF LEASE is made and entered into between the City of
Newport Beach, a California municipal corporation and charter city ("Lessor") and Scott
T. Burnham, Trustee of The Burnham Family Trust, dated September 25, 1996
("Lessee").
Lessor hereby leases to Lessee that real property located in the City of Newport
Beach, County of Orange, California, described in Attachment "1" attached hereto
("Property"). The term of the Lease is fifty (50) years, commencing August 2-5, 2021and--
ending August 25, 2071.
This Memorandum of Lease is subject to the terms, conditions and provisions of
an unrecorded Lease between the parties dated August, 2021, which is incorporated
herein by reference. Unless extended by a recorded amendment or supplement hereto,
this Memorandum of Lease will automatically terminate as of August 26, 2071.
[SIGNATURES ON NEXT PAGE]
Sec... VA4 ,h Yrs -CV, - k
Recording Requested By
and When Recorded Return To:
City of Newport Beach
100 Civic Center Drive
Newport Beach, California 92660
Attn: City Clerk
(Exempt from Recording Fees — Government Code §§ 6103 and 27383)
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
MEMORANDUM OF LEASE
THIS MEMORANDUM OF LEASE is made and entered into between the City of
Newport Beach, a California municipal corporation and charter city ("Lessor") and Scott
T. Burnham, Trustee of The Burnham Family Trust, dated September 25, 1996
("Lessee").
Lessor hereby leases to Lessee that real property located in the City. of.Newport
Beach, County of Orange, California, described in Attachment "1" attached hereto
("Property"). The term of the Lease is fifty (50) years, commmencifig'August 25 2021 --
ending August 2,5, 2071.
This Memorandum of Lease is subject to the terms, conditions and provisions of
an unrecorded Lease between the parties dated August 25, 2021, which is incorporated
herein by reference. Unless extended by a recorded amendment or supplement hereto,
this Memorandum of Lease will automatically terminate as of August 26, 2071.
[SIGNATURES ON NEXT PAGE]
1
IN WITNESS WHEREOF, the Parties have caused this Memorandum of Lease
to be executed on the dates written below.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
Date: R//6,/ zo 4
By:
-Por
Aaron Harp C" A 01IMT1
City Attorney
ATTEST:
Date:
By:—A4�
Leila -f i 1. Brow-ir
City Clerk
2
CITY OF NEWPORT BEACH,
a California municipal corporation and
charter city
Date: AUG -.2 0 2OZI
By:
Grac Leung
City nager
LESSEE
Date:
By:
Scott T. Burnham,
Trustee of The Burnham Family Trust,
dated September 25, 1996
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 Oft Lv A, }ss.
On g —)20 , before me, nllri (ihe W Pam, , Notary
Public, personally appeared �.�- "C"'&�r.,ln�w� , who 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 signatures(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) 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.
WITN SS my hand and o al.
Signatu (seal)
MICHELLE PAGE
r ` Notary Public - California
f' Orange County
Commission # 2303565
'- ` My Comm. Expires Sep 17, 2023
ATTACHMENT "1"
LEGAL DESCRIPTION OF THE PROPERTY
That certain real property located in the City of Newport Beach, County of Orange,
California, described as follows:
The northwesterly 45.00 feet of Lot 2 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, together with Lot H and I and the southeasterly 10.00 feet of Lot 1 as all are
shown on said map.
As more specifically described as follows:
Parcel 1:
The Westerly 45 feet of Lot 2, and the Easterly 10 feet of Lot 1, in the City of Newport
Beach, County of Orange, State of California, as shown upon a Record of Survey map
recorded in Book 9 Pages 42 and 43 of Record of Surveys, on file in the Office of the
County Recorder of said County, together with certain portions of adjoining Lots I and H
as shown upon said map and as more fully in said lease.
Parcel 2:
That Portion of Lot "I" Fronting the Westerly 45 Feet of Lot 1 and the Easterly 10 feet of
Lot 1 and Extending Southward To The U.S. Bulkhead Line.
Parcel 3:
That Portion of Lot "H" Fronting The Westerly 45 Feet of Lot 2 and the Easterly 10 Feet
of Lot 1, Being that portion bounded by the prolongation of the West and East Lines of
the Westerly 45 Feet of Lot 2 and the Easterly 10 Feet of Lot 1 Northward to the Boundary
of Beacon Bay Subdivision.
3
SOE-602-A (PI) REV. 13 (06-17)
PRELIMINARY CHANGE OF OWNERSHIP REPORT
To be completed by the transferee (buyer) prior to a transfer of subject
property, In accordance with section 480.3 of the Revenue and Taxation
Code, A Preliminary Change of Ownership Report must be filed with each
conveyance in the County Recorder's office for the county where the
property is located.
FOR ASSESSOR'S USE ONLY
The Burnham Family Trust, dated September 26, 1996
Escrow No.: 61213-JIF
CLRUDEPARRISH
ORANGE COUNTY ASSESSOR
(714)834.6031
ssEssows PARCEL NUMBER
988-883.69
.-S--
The Sally Fletcher Family Bypass Trust
BUYERS DAYTIME TELEPHONE NUMBER
BUYER'S EMAILADDRFSS
STREET ADDRESS OR PHYSICAL L40CATION
2 Beacon Bay, Newport Beach, CA 92660
n YES 0 No This property IS intended as my.princ[pal residence. It YES, please - indicate- - the date of ooc 1. upwcy J MO DAY YEnR
or Intended occupancy, i
El YES 0 NO Are you a disabled veteran or a unmarried surviving spouse of a disabled veteran who was
compensated at 100% by the Department of Veterans Affairs?
&AMI
The Burnham Family Trust, dated September 25, 1996
1. TRANSFER INFORMATION Please coinpleto all statements.
This section contains possible exclusions from reassessment for certain types of transfers.
NO
E] A. This transfer is solely between spouses (addition or removal of a spouse, death or a spouse, divorce settlement, etc.).
LJ
B. This transfer is solely between domestic partners currently registered with the California Secretary of State (addition or removal of
a partner, death of a partner, termination settlement, etc.).
r❑ -C, This Is a transfer: El between parent(s) and child(ren) D from grandparent(s) to grandchild(ren).
This transfer is the result of a cotenanUs death. Date of death
This transaction Is to replace a principal residence owned by a person 55 years of age or older.
Within the same county? F] YES ❑ NO
This transaction is to replace a principal residence by a person who Is severely disabled as defined by Revenue and Taxation Code
section 69.5. Within the tame county? M YES E]NO
This transaction Is only a correction of the, name(s) of the person(s) holding title to the properly (e.g., a name change upon marriage).
,if YES, please explain:
The recorded document creates, terminates, or reconveys a lender's Interest in the property.
This transaction Is recorded only as a requirement for financing purposes or to create, terminate, or roconvoy a security Interest
(e.g,, cosigner). IfYES, please explain:
The recorded document substitutes a trustee of a trust, mortgage, or other similar document,
This Is a transfer of property:
1. to/from a revocable trust that maybe revoked by the transferor and Is for the benefit of
El the transferor, and/or 0 the transferors spouseEl registered domestic partner,
El El 2, to/from an irrevocable trust for the benefit of the
Eloreatortgrantor/trustor and/or M grantor's/trustor's spouse El grantor's/trustor's registered domestic partner,
1:1 E3 L. This property Is subject to a lease with a remaining lease term of 35 years or more Including written options.
F1 n M. This is a transfer between parties in which proportional interests of the transferor(s) and transferee(s) In each and every parcel
being transferred remain exactly the same.after the transfer.
K This Is a transfer :subject to subsidized low-income housing requirements with governmentally Imposed restrictions, or restrictions
Imposed by specified nonprofit corporations.
❑ ET, 0. This transfer Is to the first purchaser of a now building containing an active solar energy system.
P. Other, This transfer Is to
Please refer to the instructions for Part 1.
Please provide any other inforrnation that wilt help the Assessor understand the nature of the transfer.
THIS DOCUMENT IS NOT SUBJECT TO PUBLIC INSPECTION
BOE -502-A (P2) REV, 13'(48.1 7)
PART 2. OTHER TRANSFER INFORMATION
A. Date of transfer, if other than recording date:
Check and complete as applicable.
Escrow No.: 61213 -BF
B. Type of transfer:
0 Purchase R Foreclosure [] Gift []Trade or exchange F]Merger, stock, or partnership acquisition (Form BOE -100-8)
C1 contract of sale. Date of contract: [] Inheritance, Date of death:
U_1 Sale/Leaseback 0 creation of a tease r] Assignment of a lease n Termination of a lease, Date lease began:
Original term In years (including written options;).`. Remaining term in years (including written options):
Other. Please explain:
C. Only a partial Interest In the property was transferred, D yes M No If YES, Indicate the percentage transferred,
PART 1 PURCHASE PRICE AND TERMS OF SALE Check and complete as applicable,
A. Total purchase price
B. Cash down payment or value of trade or exchange excluding closing costs Amount $
C. First dead of trust @.% Interest for. years, Monthly payment $ Amount $
F] FHA I_ Discount Points) Cal -Vet M VA C_ Discount Points) Fixed rate ❑ variable rate
0 Bank/Savings & Loan/Credit Union ❑ Loan carried by seller
0 Balloon payments Due date,
D, Second deed of trust interest for - years. Monthly payment $ Amount
F1 Fixed Rate [I Variable rate 0 Bank/saving & Loan/Credit Union El Loan carried by seller
0 Balloon payment $ Due date:
E. Was an Improvement Bond or other public financing assumed by the buyer? [_-]YES []NO Outstanding balance $
R Amount, If any, of real estate commission fees paid by the buyer which are not Included In the purchase price $
G. The property was purchased: 0 Through real estate broker, Broker name: Phone number:
Direct from seller 0 From a family member -Relationship
Other. Please explain:
H. Please explain any special terms, seller concessions, broker/agent fees waived, financing, and any other Information (e.g., buyer assumed the
existing loan balance) that would assist the Assessor in the valuation of your property.
SRT 4, PROPERTY INFORMATION Check and complete as applicable.
Type of property transferred
M Single-family residence r] co-op/own-your-own El manufactured home
El Multiple -family residence. Number of units; El condominium Unimproved lot
D Other. Description: (ie., timber, mineral, water rights, etc.) 0 Timeshare ❑ Commercial/industrial
B. []YES nNO Personal/business property, or Incentives, provided by seller to buyer are Included in the purchase price. Examples of personal
property are furniture, farm equipment, machinery, etc. Examples of incentives are club memberships, etc. Attach list if available.
If YES, enter the value ofthe personallbusinoss property: $ Incentives $
C. OYES [3NO A manufactured home Is included in the purchase price.
If YES, enter the value attributed to the.manufactured home: $
DYES []NO The manufactured home Is subject to local property tax. If NO, enter decal number:
.01 nYES []NO The property produces rental or other Income.
If YES, the Income is from M Lease/ront D contract D minora! rights [D Other:
E. The condition of the property at the time of sale was: [] Good D Average FI Fair D Poor
Please descrlbe:
CERTIFICATION
I certify (or declare) that the foregoing and all information hereon, including any accompanying statements or documents,. Is true and correct to the best
of my knowledge and belief
may contact you for additional information regarding