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Home My WebLink AboutC-7435-6 - Beacon Bay, 51 - Termination of Leasehold 2022RECORDING REQUESTED BY Lawyers Title Company AND WHEN RECORDED MAIL DOCUMENT TO: CITY OF NEWPORT BEACH 100 CIVIC CENTER DRIVE NEWPORT BEACH, CA, 92660 ATTN: CITY CLERK Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder III I I II III VIII II II II III II III I II 46,00 *$ R 0 0 1 3 6 9 7 8 4 9$ 2022000160258 2:34 pm 04127122 227 RW9A T01 14 0.00 0.00 0.00 0.00 39.00 0.00 0.000.000.00 0.00 E ABOVE FOR RECORDER'S USE ONLY TERMINATION OF LEASEHOLD Title of Document Pursuant to Assembly Bill 1466 — Restrictive Covenant (GC Code Section 27388,2), effective January 1, 2022, a fee of two dollars ($2) for recording the first page of every instrument, paper, or notice required or permitted by law to be recorded per each single transaction per parcel of real property, except those expressly exempted from payment of recording fees, as authorized by each county's board of supervisors and In accordance with applicable constitutional requirements. Pursuant to Senate Bill 2— Building Homes and Jobs Act (GC Code Section 27388.1), effective January 1, 2018, a fee of seventy-five dollars ($75.00) shalt be paid at the time of recording of every real estate instrument, paper, or notice required or permitted by law to be recorded, except those expressly exempted from payment of recording fees, per each single transaction per parcel of real property. The fee imposed by this section shall not exceed two hundred twenty-five dollars ($225.00). 0 Exempt from the fee per GC 27388.1 (a) (2); This document is subject to Documentary Transfer Tax ✓� Exempt from fee per GC 27388.1 (a) (2); recorded concurrently "in connection with" a transfer subject to the imposition of documentary transfer tax (DTT). 7 Exempt from fee per GC 27388.1 (a) (2); recorded concurrently "in connection with" a transfer of real property that is a residential dwelling to an owner -occupier, 0 Exempt from fee per GC 27388.1 (a) (1); fee cap of $225.00 reached. ❑ Exempt from the fee per GC 27388.1 (a) (1); not related to real property. THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) RECORDING REQUESTED,BY Lawyers Title Company AND WHEN RECORDED MAIL DOCUMENT TO: CITY OF NEWPORT BEACH 100 CIVIC CENTER DRIVE NEWPORT BEACH, CA. 92660 ATTN: CITY CLERK SPACE ABOVE FOR RECORDER'S USE ONLY TERMINATION OF LEASEHOLD Title of Document Pursuant to Assembly Bill 1466 — Restrictive Covenant (GC Code Section 27388.2), effective January 1, 2022, a fee of two dollars ($2) for recording the first page of every instrument, paper, or notice required or permitted by law to be recorded per each single transaction per parcel of real property, except those expressly exempted from payment of recording fees, as authorized by each county's board of supervisors and in accordance with applicable constitutional requirements. Pursuant to Senate Bill 2 — Building Homes and Jobs Act (GC Code Section 27388.1), effective January 1, 2018, a fee of seventy-five dollars ($75.00) shall be paid at the time of recording of every real estate instrument, paper, or notice required or permitted by law to be recorded, except those expressly exempted from payment of recording fees, per each single transaction per parcel of real property. The fee imposed by this section shall not exceed two hundred twenty-five dollars ($225.00). 0 Exempt from the fee per GC 27388.1 (a) (2); This document is subject to Documentary Transfer Tax Exempt from fee per GC 27388.1 (a) (2); recorded concurrently "in connection with" a transfer subject to the imposition of documentary transfer tax (DTT). E]Exempt from fee per GC 27388.1 (a) (2); recorded concurrently "in connection with" a transfer of real property that is a residential dwelling to an owner -occupier. E]Exempt from fee per GC 27388.1 (a) (1); fee cap of $225.00 reached. 0 Exempt from the fee per GC 27388.1 (a) (1); not related to real property. THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) RECORDING REQUESTED BY LAWYERS TITLE 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 Pursuant to Government Code § 27383) (SPACE ABOVE THIS LINE FOR RECORDER'S USE) -& TERMINATION OF LEASEHOLD (9 J-o-�-dL" -01 This Termination of Leasehold is made thisjAay of April, 2022, by and between the CITY OF NEWPORT BEACH, a California municipal corporation, tideland's trustee, and charter city, hereinafter called "Lessor", and Steven R. Briggs and Jane Weddington Flagg, Trustees of the Briggs Family Trust established June 30, 1995. RECITALS A. Lessor and Robert O. Briggs and Geraldine G. Briggs, hereinafter called "Lessee", executed a lease on June 20, 1994 ("Lease"), for which a Memorandum of Lease was recorded December 7, 1994, by the County Recorder of Orange County, California as Instrument No. 94-0701510. By the terms of the Lease, the following described property was leased to Lessee until July 1, 2044: Lot 51 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 ("Property"). B. Robert O. Briggs passed away on October 8, 2019, according to the Certificate of Death, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference. On November 5, 2020, Geraldine G. Briggs (a.k.a. Geri G. Briggs) filed a petition with the Superior Court of the State of California, County of Orange, for a Court Order to Determine Ownership of the Property (Case No. 30-2020-01168953-PR- TR-CJC) ("Petition"), and to determine the Lessee's interest in the Lease shall be held in trust. C. Subsequent to filing the Petition, Geraldine G. Briggs passed away on March 27, 2021, according to the Certificate of Death, a copy of which is attached hereto as Exhibit "B" and incorporated herein by reference. D. On November 2, 2021, the Superior Court of the State of California, County of Orange, issued an Order Confirming Petition for Court Order to Determine Ownership of the Property and for Order Transferring Property to Claimant ("Order"), attached hereto as Exhibit "C" and incorporated herein by reference, which affirms the Petition and recognizes the lessee of the Property is Robert O. Briggs and Geraldine G. Briggs, as 1 trustees of the Briggs Family Trust established June 30, 1995, and the successor trustees are Steven R. Briggs and Jane Weddington Flagg, as Trustees of the Briggs Family Trust established June 30, 1995 ("Successor Lessee"). E. Lessor hereby recognizes and acknowledges that the failure of Lessee and Successor Lessee to obtain Lessor's consent to assignment of the Lease to the trust did not impair the effectiveness of the Lease, and Successor Lessee assumed and agreed to perform and fulfill all the terms, covenants, conditions and obligations required to be performed and fulfilled as Lessee under the Lease from and after the date of the Order. F. Successor 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 Successor Lessee from their obligations under the Lease. AGREEMENT Successor Lessee agrees to terminate the Lease as described herein above as of April 2022, and Lessor agrees to accept such termination, and Lessor and Successor Lessee agree to discharge and release each other from all obligations under the Lease as of said date. [SIGNATURES ON NEXT PAGE] K IN WITNESS WHEREOF, the Parties have caused this Termination of Leasehold to be executed on the dates written below. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY Date: a 22 By: ` ar Harp City Attorney ATTEST: 10-1 Jwcx_ Date: �, Wd By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: 5-Z By: GraciW Leung Cityanager SUCCESSOR LESSEE: Date: Li • to - Z,02 v Steven R. Briggs, Trustee Briggs Family Trust Established June 30, 1995 y Ja Weddington Flagg,stee Briggs Family Trust Established4ne 30, 1995 Attachments: Exhibit "A" — Certificate of Death Exhibit "B" — Certificate of Death Exhibit "C" — Order Confirming Petition for Court Order to Determine Ownership of Property 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 Q 'n C j �� ) S.S. COUNTY OP Mc, - - ) . 1 • �A On before Notary Public in and for said state, personally appeared4_ • - i ons 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 signature(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. WITNESS my hand and official MICHELLE PAGE = Notary Public California Signature z._'t = Orange County Commission „ 2303565 > My Comm. Expires Sep 17, 2023 b ar:�=ems s,.s=iS OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. [ ] INDIVIDUAL [ ] CORPORATE OFFICER(S) TITLE(S) [ J PARTNER(S) - [ ] LIMITED [ ] GENERAL [ ] ATTORNEY-IN-FACT [ J TRUSTEE(S) [ ] GUARDIAN/CONSERVATOR [ ] OTHER SIGNER IS REPRESENTING: Name of Person or Entity Name of Person or Entity OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES DATE OF. DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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. fi STA'T'E OF (761� r �t lr A? CL } COUNTY OP Oro f)M } On 01t�2 �?/z 2- before me, 12� j pehonally appeared .-7( int, We �i ? rr� -ton Notary Public in and for said state, 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.1}e% ie� executed the same in iris/Wtbair authorized capacity(ies), and that by Ais�e it signature(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. WITNE§S my hand and offr ' sea Signature ERE® LEE X Ha.CORAM. #2308845 N NOTARY PUBUC - CAUFORNIA ORANGE COUNTY My Comm. Expires Oct. 14, 2023 OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. [ ] INDIVIDUAL [ ] CORPORATE OFFICER(S) TITLES) [ ] PARTNER(S) - [ ] LIMITED [ ] GENERAL [ ] ATTORNEY-IN-FACT [ ] TRUSTEE(S) [ ] GUARDIAN/CONSERVATOR [ ] OTHER SIGNER IS REPRESENTING: Name of Person or Entity Name of Person or Entity OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES DATE OF. DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 ,.�`..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 09,AT4&E On A?P.%L. T ,2o 2-2 before me, jENNIFiR Ar,1 ) iAQWEA �W0'1A9_-I gUbLk ; Date Here Insert Name and Title of the Officer personally appeared 02141.E IC . L FU0L, Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(&) whose nameEs) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in N&/her/their authorized capacity(ies), and that by WQ/her/their signature{&) on the instrument the perso*), or the entity upon behalf of which the persons) acted, executed the instrument. JENNIFER ANN MULVEY ■ - Notary Pubiic - Catitornu ''- Orange County Commission # 2375299 R•«••' My Comm. Expires Oct 12, 2025 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my ha n and official seal. Signature UignatukojNo ary 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: 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: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: v v6�•'er: er •eri •.v � '✓ -� .✓ �4'v 'ry '� '✓ .,ty 'y 'er.�'er. d � '✓ ✓� '✓ -.v '� '�i.�cr,.'.�: er '✓ '�: cr 'y'.'ar6� _� _� .� _� .� .V .y�.� � 1 • • • � • • • • • • ill � �' ill i • •: •1 Lawyers Title Company ( Q Ohs Lawyers Title 16755 Von Karman, Ste. 100 Irvine, California 92606 Phone: (949) 223-5575 PENALTY OF PERJURY AFFIDAVIT (GOVERNMENT CODE 27361.7) I certify under the penalty of perjury that the notary seal on the document to which this statement is attached reads as follows: Name of the Notary: MICHELLE PAGE Date Commission expires: 9-17-2023 County Where Bond is Filed: ORANGE Commission No.: 2303565 ManufacturerNendor No.: NNA1 Place of Execution: Irvine, Ca. Date: April 27, 2022 Signature: LAWYERS TITLE COMPANY I further certify under the penalty of perjury that the illegible portion of the document to which this statement is attached reads as follows (if applicable): Date: April 27, 2022 Signature: LAWYERS TITLE COMPANY (PAsLawyers Title Company LawversTifle 16755 Von Karman, Ste. 100 TM Irvine, California 92606 Phone: (949) 223-5575 PENALTY OF PERJURY AFFIDAVIT (GOVERNMENT CODE 27361.7) I certify under the penalty of perjury that the notary seal on the document to which this statement is attached reads as follows: Name of the Notary: FRED LEE Date Commission expires: 10-14-2023 County Where Bond is Filed Commission No.: 2308845 ORANGE ManufacturerNendor No. xscl Place of Execution: Irvine, Ca. Date: April 27, 2022 Signature: LAWYERS TITLE COMPANY I further certify under the penalty of perjury that the illegible portion of the document to which this statement is attached reads as follows (if applicable) Date: April 27, 2022 Signature: LAWYERS TITLE COMPANY Lawyers Title PENALTY OF PERJURY AFFIDAVIT (GOVERNMENT CODE 27361.7) Lawyers Title Company 16755 Von Karman, Ste. 100 Irvine, California 92606 Phone: (949) 223-5575 I certify under the penalty of perjury that the notary seal on the document to which this statement is attached reads as follows: Name of the Notary: JENNIFER ANN MULVEY Date Commission expires: 10-12-2025 County Where Bond is Filed Commission No.: 2375299 ORANGE Manufacturer/Vendor No. NNA1 Place of Execution: Irvine, Ca. Date: April 27, 2022 Signature: LAWYERS TITLE COMPANY I further certify under the penalty of perjury that the illegible portion of the document to which this statement is attached reads as follows (if applicable) Date: April 27, 2022 Signature: LAWYERS TITLE COMPANY 11 Electronically Filed by Superior Court of California, County of Orange, 11/02/2021 01:38:00 PM. 30-2020-011 8953-PR-TR-CJC - ROA # 55 - DAVID H. YAMASAKI, Clerk of the Court By Kelly S Barboza, Deputy Clerk. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT C Megan S. Acosta, Esq. (SB #261322) ACOSTA BUSINESS & ESTATE PLANNING, a Professional Law Corporation 2030 Main Street, Suite 1600 Irvine, CA 92614 Telephone: (949) 681-7010 Facsimile: (949) 203-2106 Attorneys for Steven R. Briggs and Jane Weddington Flagg, as Trustees SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ORANGE, CENTRAL JUSTICE CENTER In the matter of: BRIGGS FAMILY TRUST ESTABLISHED JUNE 30, 1995 Case No.: 30-2020-01168953-PR-TR-CJC ORDER CONFIRMING PETITION FOR COURT ORDER TO DETERMINE OWNERSHIP OF PROPERTY AND FOR ORDER TRANSFERRING PROPERTY TO CLAIMANT (PROBATE CODE §850) Date: 9/27/2021 Time: 9:00 a.m. Dept: C06 The Petition for Court Order to Determine Ownership of Property and for Order Transferring Property to Claimants by Steven R. Briggs and Jane Weddington Flagg, as Trustees of the Briggs Family Trust established June 30, 1995, carne regularly for hearing on September 27, 2021, in Department C06 of the above entitled Court, the Honorable Commissioner Aaron Heisler presiding. No appearance by attorney for Petitioners was required and no one appeared in opposition. After examining the Petition and hearing the evidence, the Court finds that all notices of the hearing have been given as required by law, that all allegations of the Petition are true and grants the Petition. Good cause appearing, 111 111 1\\ -1- Order Confirming Petition to Determine Ownership of Property and for Order Transferring Property to Claimant 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 26 27 28 II IT IS ORDERED THAT: I . Steven R. Briggs and Jane Weddington Flagg, as Trustees of the Briggs Family Trust established ,lune 30, 1995, are the true Lessees under that certain Memorandum of Lease dated July 1, 1994, and recorded on December 7, 1994, as Instrument Number 94-07015 10 in the records of the County of Orange, State of California for the real property more formally described as: Lot 51 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. Commonly known as: 51 Beacon Bay, Newport Beach, CA APN: 988-880-44 2. Steven R. Briggs and Jane Weddington Flagg, as Trustees of the Briggs Family Trust established June 30, '1995, are the true owners of the following assets: a. A 30% membership interest in CB Indio Properties, LLC, a California limited liability company; corporation; b. A 76.71329% ownership interest in S. E. Briggs & Son, Inc., a California C. A 19.3459% membership interest in Benson Business Park, LLC, a California limited liability company; and d. A 50% general partner interest in R & W Company, LTD., a California limited partnership. 3. Steven R. Briggs and Jane Weddington Flagg, as Trustees of the Briggs Family Trust established June 30, 1995, are authorized to take any and all steps necessary to confirm ownership of the aforementioned assets in the name of Successor Trustees, Steven R. Briggs and Jane Weddington Flagg, as Trustees of the Briggs Family Trust established June 30, 1995. Dated. 11/2/2021 By: JUDGE OF THE SUPERIOR COURT Commissioner Aaron Heisler -2- Order Confirming Petition to Determine Ownership of Property and for Order Transferring Property to Claimant