HomeMy WebLinkAboutC-7436-10 - Beacon Bay, 40 - Termination of Leasehold 2024RECORDED AT THE REQUEST
OF CHICAGO TITLE
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
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2024000266828 8:00 am 10/15/24
9 NC-5 T01 5
0.00 0.00 0.00 0.00 12.00 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 15 day of October, 2024, by and
between the CITY OF NEWPORT BEACH, a California municipal corporation,
Tidelands trustee, and charter city hereinafter called "Lessor", and Hollis J. Price,
Trustee of The Mary Ann Price -Bower 1991 Revocable Trust ("Lessee").
RECITALS
A. Lessor and Mary Ann Price -Bower ("Original Lessee") executed a lease
on June 20, 1994, for which a Memorandum of Lease was recorded December 7, 1994,
by the County Recorder of Orange County, California as Instrument No. 94-0701501.
By the terms of the Lease, the following described property was leased to Lessee until
July 1, 2044.
Lot 40 as shown on the map filed in Book 9, Page 42 and 43 of Record of
Surveys, in the Office of the County Recorder, County of Orange, State of
California.
B. Original Lessee transferred and assigned all rights, interests, and
obligations under the Lease to The Mary Ann Price -Bower 1991 Revocable Trust dated
May 23, 1991, with Mary Ann Price -Bower serving as the trustee of said trust, without
notice to the City.
C. On October 14, 2021, without notice to the City, The Mary Ann Price -
Bower 1991 Revocable Trust dated May 23, 1991, was amended to reflect the addition
of Hollis J. Price as a co -trustee, with all rights, interests, and obligations of the Lease
jointly held by both trustees.
D. On December 5, 2023, Original Lessee passed away as evidenced by that
Affidavit — Death of Trustee, recorded on j0 h zy, as Instrument No. -4 in
the Official Records of Ventura County. Upon the death of Original Lessee, without
notice to the City, the leasehold transferred to Lessee as the sole surviving trustee of
The Mary Ann Price -Bower 1991 Revocable Trust dated May 23, 1991.
E. 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 October
/5 , 2024, 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.
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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: 1 O l C,-7i
By:
Aaron arp 'b
City Attorney 6 y,Ic
ATTEST:
Date: ttl • p,
By: a"
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
A California municipal corporation
Date:_L � 7024
By:
Grac eung
City nager
LESSEE: Hollis J. Price, Trustee of The
Mary Ann Price -Bower 1991 Revocable
Trust, dated May 23, 1991
Date: eL, ( !21 j24
By:
Hollis J. Price
Trustee
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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 V E N7v e, A
On $W M tO21 before me,
JA Notary Public personally appeared
NUe-c is T PR l
cc -
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.
Signature
A�"`�`� JOYCE A. MULLER
Comm. # 2393138 Ig
b NOTARY PUBLIC-CALIFORNIA V1
VENTURA COUNTY 100
Gum+' MY Comm. EXP. MAR. 6, 2020
(Seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CIVIL CODE § 1189
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 O P-4k Q (_V E )
(UOTV-1 +2-4
On 10 • '-1- before me, C— N N a, (Fa NIV VV� V L_v C— Y
Date Here Insert Name and Title of the Officer
personally appeared GQ A (-t LE V Imo( u
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(q is/are
subscribed to the within instrument and acknowledged to me that he/she/t" executed the same in
hisfher/their authorized capacity(ies), and that by hWher/th& signature(*on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
JENNIFER ANN MULVEY
Notary Public - California
Orange County
Commission # 2375299
My Comm. Expires Oct 12, 2025, __ — — — t
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
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: