Loading...
HomeMy WebLinkAboutC-7241-9 - Beacon Bay, 7 - Termination of Leasehold 2022Recording 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 I I II III III 11 1111$ III II NO FEE *$ R 0 0 1 3 7 8 4 9 1 4 $ * 2022000211163 9:26 am 06/10/22 105 403A T01 10 0.00 0.00 0.00 0.00 27.00 0.00 0.000.000.00 0.00 (Exempt From Recording Fees Pursuant to Government Code § 27383) (SPACE ABOVE THIS LINE FOR RECORDER'S USE) TERMINATION OF LEASEHOLD This Termination of Leasehold is made this 110* day of June, 2022, by and between the CITY OF NEWPORT BEACH, hereinafter called "Lessor", and Davis Taylor Pillsbury, Jr., Patrick James Pillsbury, Peter Lafayette Pillsbury, and Sarah Pillsbury Peter, Successor Co -Trustees of the Taylor Pillsbury Globe Trust dated September 11, 1964, as amended and restated ("Trust"), hereinafter called "Lessee". RECITALS A. Lessor and Davis Taylor Pillsbury and Boston Safe Deposit and Trust Co., Trustees of the Taylor Pillsbury Globe Trust executed a lease on July 1, 1994 ("Lease"), for which a Memorandum of Lease was recorded April 20, 1995, by the County Recorder of Orange County, California as Instrument No. 95-0164379. By the terms of the Lease, the following described property was leased until July 1, 2044: Lot 7 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. B. On September 16, 2002, an Amendment to Lease was executed, releasing and indemnifying Boston Safe Deposit and Trust Co., from its responsibilities as a trustee under the Lease. C. On June 27, 2008, Davis Taylor Pillsbury resigned as a trustee of the Trust, and Davis Taylor Pillsbury, Jr., Patrick James Pillsbury, Peter Lafayette Pillsbury, and Sarah Pillsbury Peter were appointed as successor co -trustees as evidenced by the documents attached hereto as Exhibit "A" and incorporated herein by reference. 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 This Termination of Leasehold is made this jbt�- day of June, 2022, by and between the CITY OF NEWPORT BEACH, hereinafter called "Lessor", and Davis Taylor Pillsbury, Jr., Patrick James Pillsbury, Peter Lafayette Pillsbury, and Sarah Pillsbury Peter, Successor Co -Trustees of the Taylor Pillsbury Globe Trust dated September 11, 1964, as amended and restated ("Trust"), hereinafter called "Lessee". RECITALS A. Lessor and Davis Taylor Pillsbury and Boston Safe Deposit and Trust Co., Trustees of the Taylor Pillsbury Globe Trust executed a lease on July 1, 1994 ("Lease"), for which a Memorandum of Lease was recorded April 20, 1995, by the County Recorder of Orange County, California as Instrument No. 95-0164379. By the terms of the Lease, the following described property was leased until July 1, 2044: Lot 7 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. B. On September 16, 2002, an Amendment to Lease was executed, releasing and indemnifying Boston Safe Deposit and Trust Co., from its responsibilities as a trustee under the Lease. C. On June 27, 2008, Davis Taylor Pillsbury resigned as a trustee of the Trust, and Davis Taylor Pillsbury, Jr., Patrick James Pillsbury, Peter Lafayette Pillsbury, and Sarah Pillsbury Peter were appointed as successor co -trustees as evidenced by the documents attached hereto as Exhibit "A" and incorporated herein by reference. D. 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 Lessee from their obligations under the Lease. AGREEMENT Lessee agrees to terminate the Lease as described herein above as of June b 2022, and Lessor agrees to accept such termination, and Lessor and Lessee agree to discharge and release each other from all obligations under the Lease as of said date. [SIGNATURES ON NEXT PAGE] 2 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 IIT_Y ATTORNEY Date: By: ro arp City Attorney ATTEST: Date: l V 47Z By: A�id Leilani I. Brown City Clerk W -4 v LESSOR: CITY OF NEWPORT BEACH, a California m nicipal corporation Date: Gl1ZDy L By: Gr e K Leung City Manager LESSEE: TAYLOR PILLSBURY GLOBE TRUST dated September 11, 1964, as amended and restated Date: Signed in Counterpart Davis Taylor Pillsbury, Jr Successor Co -Trustee Date: Signed in Counterpart Patrick James Pillsbury, Successor Co -Trustee Date: Signed in Counterpart Peter Lafayette Pillsbury, Successor Co -Trustee Date: Signed in Counterpart Sarah Pillsbury Peter, Successor Co -Trustee Attachment(s): Exhibit "A" — Resignation and Appointment of Trustees 3 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 PITY ATTORNEY Date: EXECUTED IN COUNTERPART/ L � IN COUIjLTERPART By: At(rarp City Attorney ATTEST: Date: By. EXECUTED IN COUNTERPART/ SIGNED N COUNTERPART Leilani I. Brown City Clerk LESSOR: CITY OF NEWPORT BEACH, a California municipal corporation Date: EXECUTED IN COUNTERPART/ SIGNED IN COUNTERPART Grace L. Leung City Manager LESSEE: TAYLOR PILLSBURY GLOBE TRUST dated September 11, 1964, as amended and restated Date: Z O Z,-Z— By. ,�✓ \ Davis Taylor Pillsbury, Jr., Successor Co -Trustee Date: EXECUTED IN COUNTERPART/ SIGNED IN COUNTERPART Patrick James Pillsbury, Successor Co -Trustee Date: By: Peter Lafayett `Pillsbury, Successor Co -Trustee Date: -32 EXECUTED IN COUNTERPART/ SIGNED IN COUNTERPART Sarah Pillsbury Peter, Successor Co -Trustee Attachment(s): Exhibit "A" — Resignation and Appointment of Trustees 3 IN WITNESS WHEREOF, the Parties have caused this Termination of Leasehold to be executed on the dates written below. A I�Opr' IED A C TO FORMA. i�i r li4i! "A-P Ct%P 1 %i 1 WI XI'7i. OFFICE OF T�i-i�^'TY ATTORNEY Date: EXECUTED IN COUNTERPART, SIG ED IN COUNTERPART a16n-Harp City Attorney � ATTEST: Date: EXECUTED IN COUNTERPART/ By: SIGNED IN COUNTERP} Leilani i. Brown City Clerk �l=vvr%rn: viTY %AAF NE V V�O®T BM C r a California municipal corporation Date: EXECUTED IN COUNTERPART/ Bv: SIGNED IN COUNTERPART %3race L. Leung City Manager LESSEE: TAYLOR PILL,SRURY OL_ORF TRUST dated September 11, 1964: as amended and restated Date: EXECUTED IN COUNTERPART/ Rv:_ SIGNED IN COUNTERPART Davis Taylor Pillsbury, Jr Successor Co -Trustee Date: By:___ Patrick James illsbury, Successor Co -Trustee Daft : d2 T-,.,A t- z 0 z L EXECUTED IN COUNTERPART/ SIGNED IN COUNTERPART Peter Lafayette Pillsbury, Successor Co -Trustee Date: EXECUTED IN COUNTERPART/ SIGNED IN COUNTERPART Sarah Pillsbury Peter, Successor Co -Trustee Attachment(s): Exhibit "A" — Resignation and Appointment of Trustees IN WITNESS WHEREOF, the Parties have caused this Termination of Leasehold to be executed on the dates written below. APPROVED AS TO FORM: LESSOR: CITY OF NEWPORT BEACH, OFFICE OF THE PITY ATTORNEY a California municipal corporation Date: 5 u- Date: EXECUTED IN COUNTERPART/ SIGNED IN COUNTERPART EXECUTED IN COUNTERPART/ By: , _ By: SIGNED IN COUNIERR 'RT Aaron Harp i ° Grace L. Leung City Attorney City Manager ATTEST: Date: EXECUTED IN COUNTERPART/ By: SIGNED IN COUNTERPART Leilani I. Brown City Clerk Attachment(s) LESSEE: TAYLOR PILLSBURY GLOBE TRUST dated September 11, 1964, as amended and restated Date: EXECUTED IN COUNTERPART/ By:_ SIGNED IN COUNTERPART Davis Taylor Pillsbury, Jr., Successor Co -Trustee Date: EXECUTED IN COUNTERPART/ By: _ SIGNED IN COUNTERPART Patrick James Pillsbury, Successor Co -Trustee Date: EXECUTED IN COUNTERPART/ By: SIGNED IN COUNTERPART Peter Lafayette Pillsbury, Successor Co -Trustee (p Date: � 2 Z- zsar�rmswry Teter, Successor Co -Trustee Exhibit "A" — Resignation and Appointment of Trustees 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 _.a._�.•_.�¢_c�.aC.s�•.c�C_saC_a�..�C.z�•_.�Gs�C_ca .�. _�¢¢¢_.a¢� _.� _cvY_�4_c� _� .x� ..a c� ...� �C..�C.caC�C..s�....•.�C_.a ..sue c� .aC�. 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 ORAM(vF, ) On J\JNE 1, Z022 before me, J ENN1f eiz ANN 111AU 4EY Date Here Insert Name and Title of the Officer personally appeared GRA LE r • LEV N (P Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that iae/she/then executed the same in Lis4her/t4e4- authorized capacity(ws), and that by his4her/their signature(s) on the instrument the person(.$), or the entity upon behalf of which the persor4) 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 m hand and official seal. oz, JENNIFER ANN MULVEYNotary Public - CatlforniaOrwW County Commission4235299 Signatury Comm. Expires Oct 12, 2025 (gnat e of Notary 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: 'rr •✓.'•✓ ••✓' .'✓4v4�s,.'s6'ei 'r/G'd.'�% 'y '�'� v .� •ar •er .�✓•✓ •tri•� ✓5�.•�•✓ W •.y4'� '✓�✓s.'✓ vti.'✓ '✓ '✓4�.'s •.vGv '� ' CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 Q � .A` c� _ } On `�L��1���i G'2 before me, , �/I�l Zi0itEd) AWW.,f RIVI 1le P ere insert name anOUt e o ilhee oil personally appeared V )6 G1k' 1?4 1! Af/� who proved to me on the basis of satisfactory evidence to be the person(�s�. xhose f name ♦&/are subscribed to the within instrument and acknowledged to me that hla ,~hey executed the same in his4w/their authorized capacit les , and that by Fier/their signature(spon the instrument the person(), or the entity upon behalf of which the personr4acted, 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. �'���•` MEHDI ZAHEDI Comm. #2314114 � WITNESS my hand and official seal. Notary Public -California � orange county n Comm. Expires Dec 23, 2023V�J// 4C — Frs Notary Pu is Signatur� (Notary Public seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer Tit e ❑ Partner(s) i_1 Attorney -in -Fact ❑ Trustee(s) L] Other 2015 Version www.NotaryClasses. corn 800-873-9865 INSTRUCTIONS FOR COMPLETING THIS FORM This form complier with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect fortis (i.e. he/she/tkey is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. if seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary), • Securely attach this document to the signed document with a staple. CALIFORNIA ALL- PURPOSE r% r— 1-% -T'1 r— 1 ^ /A'*°r— r%r— IA ^AO'k1r %%iAI1 r—r%A"ar—&AT GCS I lirICA I L r ACKi�V�iY�ED`9IVIE1� I 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 validitv of that document. State of California County of } On Z-2 before me ' I.�, n� 2 _ ,�A •'_; E✓ _ _ It sere sen name antl litle of the ofTieOr) V personally appeared Pki-r.-CAL_ 66A" who proved to me on the basis of satisfactory evidence to be the person(#�whose t ie(' iS/a/ sii"vSCribed t0 the VJ'�"'n inStrutitcnt and 0 MI110VV1UUtyed L tote iliac }ir Jii ci ti icy cxct�.0 tcd tl is `iul i tc i t i ieji Icriti +`�ir authorized vu'pc vity (i�yc� ', and that b y l6 her/their signature(q, on the ins rument the personkK� , or the ent'rfy upon behalf of which the person(pfacted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. _ SARAH A. BENDER-RESNIK Notary Public - cnmfornia WITNESS m hand and official seal A—NP MarinCocny Y ] � ¢ Commission � 2367434 11/ Q �=/ My Comm. Expires Jul 23. 2C2S Notkj,,PAIic Signa (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT T�y rh�n�,�to a ('dye �4�J - (Title or description of attached document) ....._...-------- (Title or description of attached document continued) 'ruliibcr Of 'Pages � Document CAPACITY CLAIMED BY THE SIGNER .)J' Individual (s) ❑ Corporate Officer (i itle) t_: ICU �11G1 (iJ) F. (, Attorney -in -Fact ❑ Trustee(s) -1 Other ..� 1 . ,-_r .� ill. - C f INSTRUCTIONS FOR COMPLETING THIS FORM This fornt complier with current California statutes regarding notaty wording and, ifneeded, should be completed and attached to the document. Acknowledgments front other states may oe completed for documents being sent to that state so long as the wording does not require the California nolary to violate California notary law. • State and County information must be Tire State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed, • The notary public must print his or her name as it appears within his or her l ummission iuiiowed by a cuinttla and then yvur title (nwaly public) • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/dtey= - is /are) or circling the correct forms- Failure to correctly indicate this information may mead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a SUllll.t Cllt Al (.¢ pet till tS, it tIlcl NIJG lYV lllp lGtt, d Ulff(.tenl Gt-I\IIV YItV Ktllefl- Vl i1i. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional inftnination is not required but could help to ensulc this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary) _. Se.,aet yattach this dccum—,^r to the vgigned decurri-I ..i.t.h 3 cianln NEBRASKA NOTARY ACKNOWLEDGMENT THE STATE OF NEBRASKA COUNTY OF S'f\ C The foregoing instrument was acknowledged before me this day of in the year 2Q� byname of person acknowledging). Notary Public Signature Print�7}'lr`OS S Title P64-- 6zho� , / GENERAL NOTARY State of NeWs" IUANN MOSS My Comm. Exp. Aug 25, 2024 (Seal) dPage 1 of 1