HomeMy WebLinkAboutC-7368-14 - Beacon Bay, Lot C (Harbor Island Road, 101) - Consent to Assignment and Amendment to MOL 2022Batch 14019695 Confirmation
Page 1 of 6
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
II 1111 111111111111111' III I I 111 IIII 1�111 I II 32.00
*$ R 0 0 1 3 7 5 2 8 4 5 $ *
202200019278810:25 am 05/25/22
90 SC5A C34 A17 7
0.00 0.00 0.00 0.00 18.00 0.00 0.000.000.00 0.00
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
EXEMPT FROM RECORDING FEES PER CAL. GOV. CODE §§ 6103 AND 27383
APNS: 050 220 04
CONSENT TO ASSIGNMENT AND
AMENDMENT TO MEMORANDUM OF LEASE
THIS CONSENT TO ASSIGNMENT AND AMENDMENT TO MEMORANDUM OF
LEASE ("Memorandum") is made and entered into as of the 7th day of March 2022, by
and among Kenneth J. Strottman and Barbara J. Strottman, Trustees of the Strottman
Family Trust dated March 15, 1989 ("Assignor"), Barbara J. Strottman, Trustee of The
Boathouse Trust established September 22, 2021 ("Assignee"), and the CITY OF
NEWPORT BEACH, a California municipal corporation and charter city ("City") on the
following terms and conditions:
RECITALS
A. The City entered into that certain lease ("Lease") dated January 14, 1996,
with Kenneth J. Strottman and Barbara J. Strottman, Trustees of the Strottman Family
Trust dated March 15, 1989 ("Lessee"), concerning certain real property located at 101
Harbor Island Drive, described as: Lot C 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, sometimes referred to as Beacon Bay Lot C ("Property") as evidenced
by a Memorandum of Lease recorded on January 16, 1996, as Instrument No.
19960020103 ("Memorandum of Lease") in the Official Records of Orange County
("Official Records").
B. Lessee has since amended and restated their trust documents, as most
recently evidenced by the Tenth Amendment to and Complete Restatement of the
Strottman Family Trust, as amended and restated December 21, 2020.
C. On September 22, 2021, Lessee remised, released and forever quitclaimed
the Property to Kenneth J. Strottman, a married man as his sole and separate property,
as evidenced by that certain Quitclaim Deed recorded on September 30, 2021, as
Instrument No. 2021000604664 in the Official Records.
https:Hgs.secure-recording.com/Batch/Confirmation/14019695 05/25/2022
Recording Requested By
and When Recorded Return To:
City of Newport Beach
100 Civic Center Drive
Newport Beach, California 92660
Attn: City Clerk
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
EXEMPT FROM RECORDING FEES PER CAL. GOV. CODE §§ 6103 AND 27383
APNS: 050 220 04
CONSENT TO ASSIGNMENT AND
AMENDMENT TO MEMORANDUM OF LEASE
THIS CONSENT TO ASSIGNMENT AND AMENDMENT TO MEMORANDUM OF
LEASE ("Memorandum") is made and entered into as of the 7th day of March 2022, by
and among Kenneth J. Strottman and Barbara J. Strottman, Trustees of the Strottman
Family Trust dated March 15, 1989 ("Assignor"), Barbara J. Strottman, Trustee of The
Boathouse Trust established September 22, 2021 ("Assignee"), and the CITY OF
NEWPORT BEACH, a California municipal corporation and charter city ("City") on the
following terms and conditions:
RECITALS
A. The City entered into that certain lease ("Lease") dated January 14, 1996,
with Kenneth J. Strottman and Barbara J. Strottman, Trustees of the Strottman Family
Trust dated March 15, 1989 ("Lessee"), concerning certain real property located at 101
Harbor Island Drive, described as: Lot C 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, sometimes referred to as Beacon Bay Lot C ("Property") as evidenced
by a Memorandum of Lease recorded on January 16, 1996, as Instrument No.
19960020103 ("Memorandum of Lease") in the Official Records of Orange County
("Official Records").
B. Lessee has since amended and restated their trust documents, as most
recently evidenced by the Tenth Amendment to and Complete Restatement of the
Strottman Family Trust, as amended and restated December 21, 2020.
C. On September 22, 2021, Lessee remised, released and forever quitclaimed
the Property to Kenneth J. Strottman, a married man as his sole and separate property,
as evidenced by that certain Quitclaim Deed recorded on September 30, 2021, as
Instrument No. 2021000604664 in the Official Records.
D. On September 22, 2021, Kenneth J. Strottman, a married man, remised,
released and forever quitclaimed the property to Assignee, as evidenced by that certain
Quitclaim Deed recorded on September 30, 2021 as Instrument No. 2021000604665 in
the Official Records.
E. Lessee hereby requests City to consent to all interest in and to the Lease
be assigned to Barbara J. Strottman, Trustee of The Boathouse Trust established
September 22, 2021.
CONSENT AND AGREEMENTS
NOW, THEREFORE, the parties hereby agree as follows:
1. City does hereby consent to the assignment of Lessee's interest in and to
the Lease to Barbara J. Strottman, Trustee of The Boathouse Trust established
September 22, 2021 ("Lease Assignment"). Any further distribution of the Property under
the Lease Assignment, whereby Assignee is not the sole beneficiary, shall not be
considered an exempt transfer, as defined in the Lease.
2. This Lease Assignment shall be subject to each and all of the covenants,
conditions, and restrictions set forth in the Lease and shall be binding upon and shall
inure to the benefit of the parties hereto and their respective heirs, successors, and
beneficiaries.
3. Upon the death of the last to die of the Trustees, the successor Trustee
shall comply with all provisions of the Lease, including those conditions precedent and
rent requirements of Section 3 of said Lease.
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 Assignee: Barbara J. Strottman, Trustee of The Boathouse Trust
established September 22, 2021
101 Harbor Island Drive, Lot C
Newport Beach, CA 92660
Notice to City: Attention: Real Property Administrator
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Consent to Assignment and Memorandum of Lease Page 2
Any such party may change said party's address for purposes of this Section by giving to
the party intended to be bound thereby, in the manner provided herein, written notice of
such change.
5. The Memorandum of Lease is amended such that the "Lessee" identified
therein shall mean and refer to Assignee.
6. This Consent shall become effective upon recording.
[SIGNATURES ON FOLLOWING PAGE]
Consent to Assignment and Memorandum of Lease Page 3
EXECUTED on the dates indicated below, at Newport Beach, Orange
County, California.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTORNEY'S OFFICE a California municipal corporation
Date: Date:��
Aaron rp Gra . Leung
City Atto y WZ'/ ' Z�— Cit anager
ATTEST:
Date:_ �.0�?j ��� ASSIGNOR: Kenneth J. Strottman and
Barbara J. Strottman, Trustees of the
Strottman Family Trust dated March 15, 1989
0(
Date;
i�
Leilani I. Brown Kenneth J. Strottman
City Clerk Trustee
Date: oZ
Barbara J. Strot an
Trustee
ASSIGNEE:
Barbara J. Strottman, Trustee of The
Boathouse Trust established September 22,
2021
Date: Z
Barbara J. Strottm
Trustee
Consent to Assignment and Memorandum of Lease Page 4
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 Californi
County of ti•V
On L�� I % before me,
(insert name and title of the officer)
personally appeared _ bVIVt-o-k J .
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 offici seal *;y. OEBRAMICHELLEJONES
Notary Public - California z
= Orange Count
Cn^;rris; on 2276460
My Camn.. Expire, Feb 2, 2023
Signature (Seal)
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 Calif or is
County of I✓ln V�
On _IA �-, �� a �— before me, � �- • � 1, ay I � jVVUj
(insert name and title of the officer)
personally appeared (% 6U✓ti A -
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 offi is eal. DEBRA MICHELLE JONES
,as
Notary Public . California
Orange County
Commission H 2276460
My Comm. Expires Feb 2, 2023
Signature (Seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
.c�C�C_.�•_TC_� sa _.� ,caC_s�C_saC� .� ..s� ,zaC,.� ...aGs�C.z� _�C..�Gc� _�C_� _caC�C_�C_.� _aaC_�C_z��_T .s�. C,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 ORI=11 l" )
On M(A l %6,1022- before me, JCNmfw- ANN Y1 %JU%-1 ' NOTH2`1 PUBLac,
Date Here Insert Name and Title of the Officer
personally appeared C.oAce LEvr1C>
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(&) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that hefshe/they executed the same in
hWher/their authorized capacity(ies)—,and that by hWher/their signature(s) on the instrument the person(e),
or the entity upon behalf of which the person(s) acted, executed the instrument.
0*.1-my
JENNIFER ANN MULVEY
iNotary Pubik • Cnilania
Orww County
Commission of23752"
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
Signature
and official
Signature
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:
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