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Home My WebLink AboutC-7134-1 - Beacon Bay, 20 - Waiver of Future Shoreline ProtectionDocument -3651087 -Page -1 RECORDATION REQUESTED BY AND WHEN RECORDED, RETURN TO: Richard R. Godber and Mary B. Godber, Trustees 23 Inverness Newport Beach, CA 92660 WITH A COPY TO: City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658 Attention: Planning Department Page 1 of 1 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 1111111111111111111111111111111I 1111 II III II NO FEE *$ R 0 0 0 9 4 3 5 4 5 8$* 20170003034851:19 pm 07124/17 7 405 W01 5 0.00 0.00 0.00 0.00 12.00 0.00 0.00 0.00 (Exempt From Recording Fees Pursuant to Government Code § 27383) APN: 050-212-07 [Space Above For Recorder's Use Only] WAIVER OF FUTURE SHORELINE PROTECTION (20 Beacon Bay, Newport Beach, California) (Coastal Development Permit No.: CD2017-011) This Waiver of Future Shoreline Protection ("Waiver") is made and entered into this 31 st day of July, 2017 by and between Richard R. Godber and Mary B. Godber as Trustees of the Godber Living Trust dated September 25, 1990 ("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 maintains a leasehold of the property commonly known as 20 Beacon Bay, in the City of Newport Beach, County of Orange, State of California, County Assessor's Parcel Number 050-212-07, as more fully described in the legal description attached hereto as Exhibit A and incorporated herein by reference ("Property"). WHEREAS, on June 15, 2017, Coastal Development Permit No. CD2017-011 (PA2017-027) 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 the construction of future shoreline protection devices that may affect the development authorized under the Permit, 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. about:blank 07/24/2017 RECORDATION REQUESTED BY AND WHEN RECORDED, RETURN TO: Richard R. Godber and Mary B. Godber, Trustees 23 Inverness Newport Beach, CA 92660 WITH A COPY TO: City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658 Attention: Planning Department (Exempt From Recording Fees Pursuant to Government Code § 27383) APN: 050-212-07 [Space Above For Recorder's Use Only] WAIVER OF FUTURE SHORELINE PROTECTION (20 Beacon Bay, Newport Beach, California) (Coastal Development Permit No.: CD2017-011) This Waiver of Future Shoreline Protection ("Waiver") is made and entered into this 31 st day of July, 2017 by and between Richard R. Godber and Mary B. Godber as Trustees of the Godber Living Trust dated September 25, 1990 ("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 maintains a leasehold of the property commonly known as 20 Beacon Bay, in the City of Newport Beach, County of Orange, State of California, County Assessor's Parcel Number 050-212-07, as more fully described in the legal description attached hereto as Exhibit A and incorporated herein by reference ("Property"). WHEREAS, on June 15, 2017, Coastal Development Permit No. CD2017-011 (PA2017-027) 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 the construction of future shoreline protection devices that may affect the development authorized under the Permit, 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 a Development, including associated fallen debris at the base of a bluff or canyon and/or State tidelands, if a government agency determines that the development is hazardous or a threat to the public. Section 4. 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 5. In the event of any dispute or legal action arising under this Waiver, the prevailing party shall not be entitled to attorneys' fees. Section 6. 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. [SIGNATURES ON NEXT PAGE] Waiver of Future Shoreline Protection Page 2 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: N Aaron C. Harp City Attorney ATTEST: �1 Date: L.. I P 51 49 kin ,, MI, ..of) City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By:r-oc. Kim ly Brandt Community Development Director LESSEE(S): Richard R. Godber and Mary B. Godber as Trustees of the Godber Living Trust dated September 25, 1990 Date: 7 ` 2 ' 2,017- By: D ! 7 By:1-�- Richard R. Godber Trustee Date: 2— C� `f — ie?' -C) / 7 By: �IZR�� )5 Mary B. Godber Trustee 0 [END OF SIGNATURES] Lessees must sign in the presence of notary public ATTACHMENTS: Exhibit A— Legal Description Waiver of Future Shoreline Protection Page 3 CALIFORNIA• • e, S<...¢C_�¢si _..¢_� _ca.!.�:_s�<�¢_� , -�•_t ComC C r C . C:t <N.�C_c�NC.�CC.,... •s�<;..• •: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 D req 1) 'Q 6`�� {, %,, On � y- ``ly aq, X17 before me, I�L , y`�O" W611L L Date ,_ II Here Insert Name and Title of the Officer personally appeared �� CJX� �• 6CXA.62r CL*VA Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s),i5/are subscribed to the within instrument and acknowledged to me that 1ae/5be/they executed the same in .1;K/kr/their authorized capacityoes•j, and that by 4eher/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. KIM RIEP WITNESS my hand and official seal. Commission # 2138649 Notary Public - California z Orange County ' Signature My Comm. Expires Jan 26, 2020 Signature of Nota P 'c 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: Number of Pages: 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 F1 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General Ll Individual ElAttorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 4C-r_.4�4`'✓, 4'✓.1'y,�"✓ �41✓4�✓4�:4�G�✓.4'-'�'4v 4�4�4'✓4�✓4'✓4'✓4�L,4C✓4'ri4�4�4�✓'✓,4�4�✓4�✓.4�4`✓.4'✓,�✓,4�✓4�✓4C✓4�✓4�✓4C✓4�✓4`'✓----------- 4 EXHIBIT A LEGAL DESCRIPTION That certain real property located in the City of Newport Beach, County of Orange, California, described as follows: Lot 20 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. Waiver of Future Shoreline Protection Page A-1