HomeMy WebLinkAboutRecorded Acknowledgement of Waterfront Hazards Batch 6046935 Confirmation Page 1 of 2
Recorded in Official Records,Orange County
Hugh Nguyen,Clerk-Recorder
III II II III II IIIIIIIIIIIII II NO FEE
RECORDATION REQUESTED BY 20 0000 2:35 pm 03/11/20
AND WHEN RECORDED, RETURN TO: 90 sC5 w01 4
0.00 0.00 0.00 0.00 9.00 0.00 0.000.000.00 0.00
Lisenbee Family Trust
2581 Circle Drive
Newport Beach, CA 92663
WITH A COPY TO:
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: 049-175-11 [Space Above For Recorder's Use Only]
ACKNOWLEDGEMENT OF WATERFRONT HAZARDS AND WAIVER OF CLAIMS
(2701 Circle Drive, Newport Beach, CA)
(Coastal Development Permit No.: CD2019-069)
This Acknowledgement of Waterfront Hazards and Waiver of Claims
("Acknowledgment and Waiver") is made this 11t' day of March, 2020 by Gary W. Lisenbee
and Mary J. Lisenbee,Trustees of the Lisenbee Family Trust("Owner"). Owner is the record
owner of the property commonly known as 2701 Circle Drive in the City of Newport Beach
("City"), County of Orange, State of California, County Assessor's Parcel Number(049-175-
11) as more fully described in the legal description attached hereto as Exhibit A and
incorporated herein by reference ("Property"). On January 30, 2020, Coastal Development
Permit No. CD2019-069 was conditionally approved for the Property("CDP").
In exchange for City issuing the CDP, Owner hereby acknowledges and assumes all
risk of injury or damage that may arise from or in any way relate to existing conditions and
hazards on the Property as well as any and all future conditions and hazards that develop on
the Property including, but not limited to, conditions and hazards arising from or relating to
waves, erosion, storm conditions, landslides, seismic activity, bluff retreat, flooding, soil
conditions,groundwater,sea level rise, and/or other natural events. Hereinafter, existing and
future conditions/hazards are collectively referred to as"Hazards."
Owner hereby unconditionally waives any claims of damage against City from the
Hazards, and agrees to indemnify,with counsel selected by the City, and hold harmless City,
its City Council, its boards, commissions, and committees officials, officers, employees,
volunteers, and agents from and against any and all claims,demands, obligations,damages,
actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever which may arise from or in any manner relate (directly or
indirectly)to the Hazards and/or City's approval of the CDP.
https:Hgs.secure-recording.com/Batch/Confirmation/6046935 03/11/2020
Batch 6046935 Confirmation Page 2 of 2
This Acknowledgment and Waiver is intended to benefit the City, and may be enforced
by the City.
This Acknowledgment and Waiver shall remain in full force and effect from execution
thereof unless revoked or terminated with the prior written consent of the City; shall run with
the land, be binding upon the heirs, successors, and assigns of Owner's interest in the land,
whether fee or otherwise; and shall be recorded in the Office of the County Recorder of
Orange County, California.
I have caused this Acknowledgment and Waiver to be executed on the dates written
below.
OWNER(S): Gary W.Lisenbee and Mary
J. Lisenbee, Trustees of the Lisenbee
Family Trust
Date: 3 a
By.
Gary . Lis ee
Trustee I
Date: 3 t l 7Z
By: LLS=�
Mary J. Lisen
Trustee
[END OF SIGNATURES]
Owners must sign in the presence of notary public
ATTACHMENTS: Exhibit A— Legal Description
Acknowledgment and Waiver of Waterfront Hazards Page 2
https://gs.secure-recording.com/Batch/Confirmation/6046935 03/11/2020
RECORDATION REQUESTED BY
AND WHEN RECORDED, RETURN TO:
Lisenbee Family Trust
2581 Circle Drive
Newport Beach, CA 92663
WITH A COPY TO.-
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 § 273831
APN: 049-175-11 [Space Above For Recorder's Use Only]
ACKNOWLEDGEMENT OF WATERFRONT HAZARDS AND WAIVER OF CLAIMS
(2701 Circle Drive, Newport Beach, CA)
(Coastal Development Permit No.: CD2019-069)
This Acknowledgement of Waterfront Hazards and Waiver of Claims
("Acknowledgment and Waiver") is made this 11th day of March, 2020 by Gary W. Lisenbee
and Mary J. Lisenbee, Trustees of the Lisenbee Family Trust ("Owner"). Owner is the record
owner of the property commonly known as 2701 Circle Drive in the City of Newport Beach
("City"), County of Orange, State of California, County Assessor's Parcel Number (049-175-
11) as more fully described in the legal description attached hereto as Exhibit A and
incorporated herein by reference ("Property"). On January 30, 2020, Coastal Development
Permit No. CD2019-069 was conditionally approved for the Property ("CDP").
In exchange for City issuing the CDP, Owner hereby acknowledges and assumes all
risk of injury or damage that may arise from or in any way relate to existing conditions and
hazards on the Property as well as any and all future conditions and hazards that develop on
the Property including, but not limited to, conditions and hazards arising from or relating to
waves, erosion, storm conditions, landslides, seismic activity, bluff retreat, flooding, soil
conditions, groundwater, sea level rise, and/or other natural events. Hereinafter, existing and
future conditions/hazards are collectively referred to as "Hazards."
Owner hereby unconditionally waives any claims of damage against City from the
Hazards, and agrees to indemnify, with counsel selected by the City, and hold harmless City,
its City Council, its boards, commissions, and committees officials, officers, employees,
volunteers, and agents from and against any and all claims, demands, obligations, damages,
actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever which may arise from or in any manner relate (directly or
indirectly) to the Hazards and/or City's approval of the CDP.
This Acknowledgment and Waiver is intended to benefit the City, and may be enforced
by the City.
This Acknowledgment and Waiver shall remain in full force and effect from execution
thereof unless revoked or terminated with the prior written consent of the City; shall run with
the land, be binding upon the heirs, successors, and assigns of Owner's interest in the land,
whether fee or otherwise; and shall be recorded in the Office of the County Recorder of
Orange County, California.
I have caused this Acknowledgment and Waiver to be executed on the dates written
below.
OWNER(S): Gary W. Lisenbee and Mary
J. Lisenbee, Trustees of the Lisenbee
Family Trust
Date:
By:
Gary . Lis t
ee
Trustee
Date:
By:
Mary J. Lisenbb
Trustee
[END OF SIGNATURES]
Owners must sign in the presence of notary public
ATTACHMENTS: Exhibit A— Legal Description
Acknowledgment and Waiver of Waterfront Hazards Page 2
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 Orange
On March 11'h, 2020 before me, Kim Rieff Notary Public, personally appeared Gary W. and
Mary J. Lisenbee and proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) .e/are subscribed to the within instrument and acknowledged to me that
Wsibe/they executed the same in Whw/their authorized capacity(ies), and that by
higfher/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 m hand and official seal. K�M aiEFi=
y Notary Public•Glifornla
m, Orange County £
Commission k 2317439
•' My Comm.Expires Jan 26,2024
Zi
Signature (seal)
Acknowledgment and Waiver of Waterfront Hazards Page 3
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF ORANGE, STATE OF
CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
LOT 27 OF TRACT NO 1102, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA AS PER MAP RECORDED IN BOOK 35, PAGE 36 OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS,
AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN THAT MAY BE WITHIN OR UNDER
THE PARCEL OF LAND HEREINABOVE DESCRIBED, TOGETHER WITH THE PERPETUAL RIGHT OF
DRILLING, MINING, EXPLORING, AND OPERATING THEREFOR AND STORING IN AND REMOVING
THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR
DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE HEREINABOVE DESCRIBED,
OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF
THE LAND HEREINABOVE DESCRIBED, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY
DRILLED WELLS,TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS
THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY
SUCH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND
OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OFTHE SUBSURFACE OF THE LAND
HEREINABOVE DESCRIBED.
PARCEL 2:
A NON-EXCLUSIVE APPURTENANT EASEMENT FOR INGRESS AND EGRESS OVER PRIVATE STREETS
AND OTHER AREAS DESCRIBED IN THAT CERTAIN EASEMENT DEED TO THE IRVINE COMPANY, A
WEST VIRGINIA CORPORATION, RECORDED IN BOOK 10574, PAGE 98, OFFICIAL RECORDS OF
ORANGE COUNTY.
ASSESSOR'S PARCEL NUMBER: 049-175-11
Acknowledgment and Waiver of Waterfront Hazards Page A-1