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Home My WebLink AboutC-8235-9 - Beacon Bay, 16 - Waiver of Future Protection Device(s) 2018RECORDATION REQUESTED BY AND WHEN RECORDED, RETURN TO: Gregory Joseph Skjonsby and Mary Johanna Skjonsby 16 Beacon Bay Newport Beach, CA 92660 WITH A COPY TO: City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658 Attention: City Clerk's Office Recorded in Official Records, Orange County Hugh Nguyen, Clerk-Recorder 'I NO FEE $I R!� 0 0 I h 9 9 6 2018000118402 4:30 pm 04103/18 156 403 W01 5 0.00 0.00 0.00 0.00 12.00 0.00 0.000.000.00 3.00 (Exempt From Recording Fees Pursuant to Government Code § 27383) APN: 988-883-60 [Space Above For Recorder's Use Only] WAIVER OF FUTURE PROTECTION DEVICE(S) (16 Beacon Bay, Newport Beach, CA) (Coastal Development Permit No.: CD2017-107) This Waiver of Future Protection Device(s) ("Waiver") is made and entered into this 3 A9 day of A - el L.,, 2018 ("Effective Date") by and between Gregory Joseph Skjonsby and Mary Johanna Skjonsby, Trustees of The Skjonsby Family Trust dated*July 16, 2001 ("Lessee"), and the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"). Lessee and City are individually referred to herein as "Party" and collectively as "Parties." RECITALS WHEREAS, Lessee is the record lessee of the property commonly known as 16 Beacon Bay, in the City of Newport Beach, County of Orange, State of California, County Assessor's Parcel Number 988-883-60, as more fully described in the legal description attached hereto as Exhibit A and incorporated herein by reference ("Property"). WHEREAS, on February 15, 2018, Coastal Development Permit No. CD2017-107 (PA2017-250) was conditionally approved for the Property ("CDP"). WHEREAS, Newport Beach Municipal Code Section 21.30.015(E)(5) requires, prior to the issuance of a Coastal Development Permit ("Permit'), property owners to record a waiver of rights to future protection devices to address situations in which the development authorized under the Permit is threatened with damage or destruction from waves, erosion, storm conditions, landslides, seismic activity, bluff retreat, sea level rise, or other natural hazards. RECORDATION REQUESTED BY AND WHEN RECORDED, RETURN TO: Gregory Joseph Skjonsby and Mary Johanna Skjonsby 16 Beacon Bay Newport Beach, CA 92660 WITH A COPY TO.- City O:City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658 Attention: City Clerk's Office (Exempt From Recording Fees Pursuant to Government Code § 27383) APN: 988-883-60 [Space Above For Recorder's Use Only] WAIVER OF FUTURE PROTECTION DEVICE(S) (16 Beacon Bay, Newport Beach, CA) (Coastal Development Permit No.: CD2017-107) This Waiver of Future Protection Device(s) ("Waiver") is made and entered into this day of pr_i,.,.-, 2018 ("Effective Date") by and between Gregory Joseph Skjonsby and Mary Johanna Skjonsby, Trustees of The Skjonsby Family Trust dated July 16, 2001 ("Lessee"), and the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"). Lessee and City are individually referred to herein as "Party" and collectively as "Parties." RECITALS WHEREAS, Lessee is the record lessee of the property commonly known as 16 Beacon Bay, in the City of Newport Beach, County of Orange, State of California, County Assessor's Parcel Number 988-883-60, as more fully described in the legal description attached hereto as Exhibit A and incorporated herein by reference ("Property"). WHEREAS, on February 15, 2018, Coastal Development Permit No. CD2017-107 (PA2017-250) was conditionally approved for the Property ("CDP"). WHEREAS, Newport Beach Municipal Code Section 21.30.015(E)(5) requires, prior to the issuance of a Coastal Development Permit ("Permit"), property owners to record a waiver of rights to future protection devices to address situations in which the development authorized under the Permit is threatened with damage or destruction from waves, erosion, storm conditions, landslides, seismic activity, bluff retreat, sea level rise, or other natural hazards. WHEREAS, Newport Beach Municipal Code Section 21.30.030(C)(3)(i) requires, prior to the issuance of a Permit, property owners to waive rights to future protection, including repair and maintenance, enhancement, reinforcement, or any other activity affecting a bulkhead, that results in any encroachment seaward of the authorized footprint of the bulkhead or shoreline protection device. NOW, THEREFORE, the Parties agree as follows: Section 1. City and Lessee acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Waiver. Section 2. Lessee hereby waives, on behalf of (him/her/itself) and all successors and assigns, (his/her/its) rights to future protective device(s) to address the threat of damage or destruction from waves, erosion, storm conditions, landslides, seismic activity, bluff retreat, sea level rise, landslides or any other natural hazards that may affect any development specifically authorized under the CDP ("Development"). Section 3. Lessee hereby agrees, on behalf of (him/her/itself) and all successors and assigns, to: a) never construct structures or features over the economic life of the Development to protect the Development; and b) remove and relocate all portions of the Development, including associated fallen debris at the base of a bluff or canyon and/or State tidelands, if a government agency determines the Development is hazardous or a threat to the public. Section 4. For any bulkhead or shoreline protective device that is on the Property on or before the Effective Date, Lessee hereby waives, on behalf of (him/her/itself) and all successors and assigns, (his/her/its) rights to repair and maintain, enhance, reinforce, or conduct any other activity affecting the bulkhead or shoreline protective device that results in any encroachment seaward of the authorized footprint of the bulkhead or shoreline protective device. Section 5. If, at any time, the Newport Beach Municipal Code does not require property owners to record a waiver of rights to future protection devices, Lessee may make application to the City for a Permit authorizing a future protective device. Section 6. This Waiver shall remain in full force and effect from execution thereof unless revoked or terminated only by the written consent of the City; shall run with the land, be binding upon the heirs, successors, and assigns of Lessee's interest in the land, whether fee or otherwise; and shall be recorded in the Office of the County Recorder of Orange County, California. Section 7. In the event of any dispute or legal action arising under this Waiver, the prevailing party shall not be entitled to attorneys' fees. Waiver of Future Shoreline Protection Page 2 Section 8. The laws of the State of California shall govern this Waiver and all matters relating to it and any action brought relating to this Waiver shall be adjudicated in a court of competent jurisdiction in the County of Orange, California. IN WITNESS WHEREOF, the Parties hereto have caused this Waiver to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date- By.- Aaron ate:By:Aaron C. Har", ar &CM C'bl,'l.ua City Attorney ATTEST- Date-- By- TTEST:Date: By: hy&-- Leilani I. Brown City Clerk ,4poRtk ' CITY OF NEWPORT BEACH, a California muni ipal corporation Date: .3 /,�' z o /& By: !, LA� Seimone Jurjis Community Development Director LESSEE(S): Gregory Joseph Skonsby and Mary Johajiga Skjonsby, Trustees of The Skjonsb it Trust dated July 16, 2001 Date: . ( ((o n I'll) By: G Greg ry Josep Trustee 17-t [END OF SIGNATURES] Lessees must sign in the presence of notary public ATTACHMENTS: Exhibit A — Legal Description Waiver of Future Shoreline Protection Page 3 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 &AAA- }ss. On -13, , 20 before me, �n Notary Pu lic, personally appeared �S /who proved to me on the basis bf Utisfhctory evid ce be the pers n(s) whose me(�) i /are subscribed to the within instrument and acknowledged to me that ,� /s e/they el ted the same in h' / r/their authorized capacity(ies), and that by V rhheir signatures(s) on the instfument the person(s), or the entity upon behalf of wh�h the persons 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`LEE NELSON Commission #E 2096990 W TNES mhy nd=dff'lseal. Notary Public - California = Riverside County Mv Comm. Ex fres Jan 13, 2019 nal re 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 }ss. On _, 20 before me, Notary Public, personally appeared , 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 signatures(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 (seal) Waiver of Future Shoreline Protection Page 4 EXHIBIT A LEGAL DESCRIPTION That certain real property located in the City of Newport Beach, County of Orange, California, described as follows.- Lot ollows: Lot 16, in the City of Newport Beach, County of Orange, State of California, as shown on by map filed in Book 9, Pages 42 and 43 of Record of Surveys, in the office of the County Recorder of said County. Waiver of Future Shoreline Protection Page A-1