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Home My WebLink AboutC-7290-6 - Beacon Bay, 32 - Termination of Lease 2022J RECORDING REQUESTED By TICOR TITLE ORANGE COUNTY BRANCH N Recording Requested By and When Recorded Return To: �1 " 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 II I III I I II I I I I I I I I II 16.00 *$ R 0 0 1 3 9 3 5 6 5 2$ 20220002948261:54 pm 08131/22 63 RW10A T01 4 0:00 0.00 0.00 0,00 9.00 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) Exempt from fee per GC 27388.1(a)(2); recorded TERMINATION OF LEASEHOLD concurrently "in connection with" a transfer subject to the imposition of documentary transfer tax. This Termination of Leasehold is made this 31t day of August, 2022, by and between the CITY OF NEWPORT BEACH, a California municipal corporation, Tidelands trustee,. and charter city, hereinafter called "Lessor", and Jay Alexander Fisher, successor trustee of the Fisher Family Trust as established April 28, 1967, as amended ("Trust"), hereinafter "Lessee." RECITALS A. Lessor and Eugenie E. Fisher, trustee of the Trust, executed a lease on July 1, 1994, for which a Memorandum of Lease was recorded December 7, 1994, by the County Recorder of Orange County, California as Instrument No. 94-0701495. By the terms of the Lease, the following described property was leased until July 1, 2044. Lot 32 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. Upon the death of Eugenie E. Fisher, Jay Alexander Fisher succeeded as sole trustee of the Trust, as evidenced by an Affidavit — Death of Trustee recorded on August 18, 2022 as Instrument No. 2022000282363. C. 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 his obligations under the Lease. AGREEMENT Lessee agrees to terminate the Lease as described herein above as of August 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] 1 RECORDING REQUESTED BY TICOR TITLE ORANGE COUNTY BRANCH 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) Exempt from fee per GC 27388.1 (a)(2); recorded TERMINATION OF LEASEHOLD concurrently "in connection with" a transfer subject to the imposition of documentary transfer tax. This Termination of Leasehold is made this 3�*� day of August, 2022, by and between the CITY OF NEWPORT BEACH, a California municipal corporation, Tidelands trustee, and charter city, hereinafter called "Lessor", and Jay Alexander Fisher, successor trustee of the Fisher Family Trust as established April 28, 1967, as amended ("Trust"), hereinafter "Lessee." RECITALS A. Lessor and Eugenie E. Fisher, trustee of the Trust, executed a lease on July 1, 1994, for which a Memorandum of Lease was recorded December 7, 1994, by the County Recorder of Orange County, California as Instrument No. 94-0701495. By the terms of the Lease, the following described property was leased until July 1, 2044. Lot 32 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. Upon the death of Eugenie E. Fisher, Jay Alexander Fisher succeeded as sole trustee of the Trust, as evidenced by an Affidavit — Death of Trustee recorded on August 18, 2022 as Instrument No. 2022000282363. C. 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 his obligations under the Lease. AGREEMENT Lessee agrees to terminate the Lease as described herein above as of August 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] 1 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: � " 19^ 2Z- By: -Alron arp City ttorney p`6.N ATTEST: I. n� ,— Date: q /j//" dj1A4jjt,1.,/.flu City Clerk LESSOR: CITY OF NEWPORT BEACH, A California municipal corporation Date: By: Grac eung City nager LESSEE: JAY ALEXANDER FISHER, SUCCESSOR TRUSTEE OF THE FISHER FAMILY TRUST AS ESTABLISHED APRIL 28, 1967, AS AMENDED Date: By: �� 0 Jay Alex n r sher-23�2 Succes or r ee 2 Please See Attached Form For Notary Upeksha Thennakoon Mudiyanselage Notary Public CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who sighed the document to which this -.t;JrtifiCate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Loa P� o e�cS } Upeksha Thennakoon Mudiyanselage On LZi,,5 3?m i before me, NotaryaPublic Ili ere inse t name an title of the officer) personally appeared jmm_ �—\k fah cxvNaer cS^ey 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 seal. c Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT etcON% N 0.. C GC', of Ili- se - (Title or description of attached document) (Title or description of attached document continued) Number of Pages 04, Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 20 , Ve.-sion vvww.Notar, ;lasse:;.c:on) 800-87, 3-E3865 , )s r' °y`.,r4', UPEKSHATHENNAKOONMUDIYANSELAGE Notary Public - California Z z Los Angeles County ?I: ° Commission # 2307839 `Rl" my Comm. Expires Nov 1, 1023 INSTRUCTIONS FOR COMPLETING THIS FORM Thi.r form complies with current California .statutes regarding notary, wording and, ifneeded, should be completed and attached to the document. Acknowledgments fr-oni 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 nmst 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 fornis (i.e. he/she/they,— is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seat impression must be clear and photographically reproducible. Impression trust 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. ALL-PURPOSECALIFORNIA ACKNOWLEDGMENT• ;. � � � ..� ��C_saC..� � �•s� � �C_.�C_s�C_s��_��C�•.ca•.�C..�C� �C_.�Cs�� .a sa ,.�C..T ..�C_s� _aC��_.�C_aC_c� _T�C_s� ..c�Cs�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 0%zAt- (Z' E ) N C 'rIA Q 7/ On AUGUST Zq( 7-0 U-before me, JEnfry I FEre tAmN MVLVL'1 tFua o c Date Here Insert Name and Title of the Officer personally appeared Gk A Cr. (C . L E,-j ti((a Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(sj-whose name(s) is/are subscribed to the within instrument and acknowledged to me that4-+e/she/t4e�-executed the same in his/her/them-authorized capacity(i@4,-and that by his/her/them signatures} on the instrument the persor(s), or the entity upon behalf of which the person(s) acted, executed the instrument. JENNIFER ANN MULVEY W Notary Public • Caufornia Orange Cocnty Commission # 2375L'20J25 ' •�• My Comm. Expires Oct 1 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 aA official seal. Signature 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 E, 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: d '✓ � '�4�6v •✓4•� •.�l4'.•� -✓ -✓ 'r/ •.�4•er4•rr4•eiq✓,4•.ty •er '✓4'✓ •✓ -r>4•a> '.✓4'� •er,1er, •.r4•.r •✓ •ai 'y -�.`�„ -�4'✓: ar4'✓4•v •✓ •e�� •erGv4•