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HomeMy WebLinkAboutC-7289-8 - Beacon Bay, 31 - Termination of Lease 2023RECORDING REQUESTED BY: WESTERN RESOURCES TITLE COMPANY S T 11- WN3- c�z it W N Recording Requested By vand When Recorded Return To: City of Newport Beach v 100 Civic Center Drive Newport Beach, California 92660 Attn: City Clerk Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 1[ � � 11 II III I 11111 1�� 11111 II 1110.00 *$ R 0 0 1 4 2 2 4 9 1 1 $ * 2023000046492 8:00 am 03/01/23 90 CR-SC06 T03 5 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 ref -Re Government Code §47-3fr ) ).7'3(nl•3 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) TERMINATION OF LEASEHOLD This Termination of Leasehold is made this 28th day of February, 2023, by and between the CITY OF NEWPORT BEACH, a California municipal corporation, Tidelands trustee, and charter city hereinafter called "Lessor", and David S. Pratt, hereinafter called "Lessee". RECITALS A. Lessor and Lessee executed a lease on July 13, 1994, for which a Memorandum of Lease was recorded December 7, 1994, by the County Recorder of Orange County, California as Instrument No. 94-07011494. By the terms of the Lease, the following described property was leased to Lessee until July 1, 2044. Lot 31 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. Cofnpiete Legal Description attached as Exhibit "A" B. 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 February 28, 2023, 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. "Exempt from fee per GC 27388.1 (a) (2)'kl recorded concurrently "in connection with" a transfer subject to the imposition of documentary transfer tax" [SIGNATURES ON NEXT PAGE] 1 RECORDING REQUESTED BY: WESTERN RESOURCES TITLE COMPANY T- Z Z- G1N3- C-A i-i Recording Requested By and When Recorded Return To: City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Attn: City Clerk Government Code §-24383) �--7 3101.3 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) TERMINATION OF LEASEHOLD This Termination of Leasehold is made this 28th day of February, 2023, by and between the CITY OF NEWPORT BEACH, a California municipal corporation, Tidelands trustee, and charter city hereinafter called "Lessor", and David S. Pratt, hereinafter called "Lessee". RECITALS A. Lessor and Lessee executed a lease on July 13, 1994, for which a Memorandum of Lease was recorded December 7, 1994, by the County Recorder of Orange County, California as Instrument No. 94-07011494. By the terms of the Lease, the following described property was leased to Lessee until July 1, 2044. Lot 31 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. Complete Legal Description attached as Exhibit "A" B. 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 February 28, 2023, 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] "Exempt from fee per GC 27388.1 (a) (2)', recorded concurrently "in connection with" a transfer subject to the imposition of documentary transfer tax" 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: 2/___�3 W rn ATTEST: n Date: !� BrownBy- k*". City Clerk pIDI13 611r�� CITY OF NEWPORT BEACH, A California unicipal corporation Date: 4 a% By: Grace . eung City ager LESSEE Date: By: zzo:' David S. Prat 2 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies onlythe 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 1 County of On I N L>ag 2`i — 2p23 before me, Date Here Insert Name and Title of the Officer personally appeared —�--),\J A S • Qf aAk— Name(s) of Signer(s) 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. RAUL DIAZ it Notary Public - California Orange County W � Commission H 2277159 v 11Pc My Comm. Expires Feb 10, 2023 Place Notary Seal and/or Stamp Above 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. Signature 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: 02019 National Notary Association 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: CALIFORNIA• • • • SC...^�.C� ��C� � ,•.� �C�a�C_�.C�•_sa. s�C..�C� _caC_c� sa _cv_.�.C_�C.� _.�.C_z�C_sa� ��C�C� �G.�. _� �C_.�•_.�.C� _� r _z�C�C_�Cs�C..�C�Cs�. 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 0RAN6E ) NC)TAIQ-'/ On Eta 2013 beforeme, JP_NNIFED ANrQ MOUVEJ pu13uc. Date Here Insert Name and Title of the Officer personally appeared 6R14LE K- LE IJ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(S) whose name(s) is/aFe subscribed to the within instrument and acknowledged to me that he/she/they. executed the same in fats/her/tlaeimr authorized capacity(ies), and that by h.is/her/the* signature(e) on the instrument the perso*), 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. * JENNIFER ANN MULVEY WITNESS my hand and official seal. 6, Notary Public • California Orange County Commission 1t 2375299 Signature My Comm. Expires Oct 12, 2025 Signa ty f 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 El Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): El Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 4�%: r�4v •✓4`ar,,•,•y,•✓:.•r •.•r4`d, •••✓i-✓ -✓4'�'4'✓ '.> 'e�,•ar •✓4�: �r '�,•.✓ •er •tr4`✓ ✓: '✓6v ✓ -rr.•u4-�r; er4•ri •,•r4'.:r •.•r.•.r •er •,tr4'•✓4� '�4'✓4S✓4\ � 1 • • • � • • • • • • ill � �' ill : • •i •1 LEGAL DESCRIPTION Real property in the City of Newport Beach, County of Orange, State of California, described as follows: LOT 31, AS SHOWN UPON A RECORD OF SURVEY MAP, FILED IN BOOK 9 PAGES 42 AND 43, OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, CALIFORNIA, TOGETHER WITH CERTAIN PORTIONS OF ADJOINING LOTS E AND F, AS SHOWN UPON SAID MAP. APN: 988-883-62