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HomeMy WebLinkAboutC-8513-6 - Beacon Bay, 22 - Deed Restriction 1984F RECE,�f I. ii OCT j C�i�Ll�ILC.�� CALIFORNIA COASTAL COMMISSION 631 Howard Street, San Francisco 94105—(415) 543-8555 TO: PERMIT APPLICANTS OR AGENTS/ ' * 4 S FROM: LEGAL STAFF, CALIFORNIA COASTAL COMMISSION/.&v&raA BewruAi RE: INSTRUCTIONS FOR THE COMPLETION OF ENCLOSED DEED RESTRICTION Enclosed you will find a Deed Restriction to be completed for compliance of one of the special conditions of the approved permit. The document should be completed by the applicants, as shown on the attached instruction sheet. Once the Deed Restriction has been executed, please send it to this office to the attention of Deborah Benrubi. The document will be reviewed for correctness and returned to the applicant, with instructions, for recording. Revised 8/82 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19i 20 21 22 23 24 25 26 27 COURTPAPER STATEOP CAL VGRRIA STC. 113 R9V. 8.£2) ov RECORDING REQUESTED BY AND RETURN TO: STATE OF CALIFORNIA CALIFORNIA COASTAL COMMISSION 631 HOWARD STREET, FOURTH FLOOR SAN FRANCISCO, CALIFORNIA 94105 DEED RESTRICTION I. WHEREAS, City of Newport ':Beach. Municipal Corporation of the State of California and Ronald Melville, Lessee, hereinafter referred to and Lessee 4M4 Lessee as Owner(sA trre the record ownerAof the following real property: u Lot 22 as shown upon a Record of Survey Map recorded in book 9 pages 42 and 43 Record of Surveys, on file in the office of the county recorder, Orange County. California, together with certain Var ons of adjoining lots "I" and "H" as shown upon said Map and as described more fully in said lease hereinafter referred to as the subject property; and II. WHEREAS, the California Coastal Commission is acting on behalf of the People of the State of California; and III. WHEREAS, the subject property is located within the coastal zone as defined in SEction 30103 of the California Public Resources Code (hereinafter referred to as the California Coastal Act); and IV. WHEREAS, pursuant to the California Coastal Act of 1976, the Owner applied to the California Coastal Commission for a coastal development permit for the development on the subject property described above; and ,/ V. WHEREAS, coastal development permit No. S Vel-.QS—was granted on OG'l j�l 17H by the California Coastal Commission; and VI. WHEREAS, coastal development permit No. S 0 4/- Jwas subject to the terms and conditions including but not limited to the following condition: SEE PAGE 2 1 2 3 4 5 -2- "Prior to issuance of Coastal Permit, the applicant shall submit a deed res- triction limiting the number of dweeling units on the property to two." 6 1// 7 // 8I1// 10 11 12 13 14 15 16 17 /I 18 VII. WHEREAS, the Commission found that but for the imposition of 19 the above condition the proposed development could not be found consistent 20 with the provisions of the California Coastal Act of 1976 and that a permit I 21could therefore not have been granted; and 22I VIII. WHEREAS, it is intended that this Deed Restriction is irrevocable 231 and shall constitute enforceable restrictions; and 24I IX. WHEREAS, Owner has elected to comply with the condition 25 imposed by Permit No. 5-84-515 so as to enable Owner to undertake the 26 development authorized by the permit; 27 // COURTPAPER I STAT{CI CALI/OII N IA i STC. 11] (RIV. 6.721 O,I 7 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2211 2311 24 11 25 26 27 COURT PAP[N IVA" .1 -1.-.NIA SM tli I..V 4161 au u -3- NOW, THEREFORE, in consideration of the granting of Permit No. 5-84-515 to the Owner by the California Coastal Commission, the Owner hereby irrevocably covenants with the California Coastal Commission that there be and hereby is created the following restrictions on the use and enjoyment of said property, to be attached to and become a part of the deed to the property. The undersigned Owner, for himself/herself and for his/her heirs, assigns, and successors in interest, covenants and agrees that: 11The number of dwelling units on the property shall be limited to two." l/ Said deed restriction shall remain in full force and effect during the period that said permit, or any modification or amendment thereof, remains effective, and during the period that the development authorized by said permit or any modification of said development, remains in existence in or upon any part of, and thereby confers benefit upon, the subject property described herein, and to that extent, said deed restriction is hereby deemed and agreed by Owner to be a covenant running with the land, and shall bind Owner and all his/her assigns or successors in interest. 1 2 3 4 5 C.l 7 rs,3 9 10 11 12 13' 14 15 16 17 18 19 20!1 21!! 22 23 24 25 26 27 COURT PAPER sr�r�or eauroenu STD. 113 .. e•)ai oar r Owner agrees to record this Deed Restriction in the Recorder's office for the Count of Orange Y as soon as possible after the date of its execution. DATED: / GQ�.rM S� 9 8-s-- OWNER -Ss 0 NER Cit ew ort Beach YPX UK IRINT [1180F, 11 OF ABQVE MM f� LESSEE Ronald Melville TYPE R PRN NAME BOV NOTE TO NOTARY PUBLIC: If you are notarizing the signatures of persons signing on behalf of a corporation, partnership, trust, etc., please use the correct notary jurat (acknowledgment) as explained in your Notary Public Law Book. State of California, County of Los Aneele , ss On this 5th day of March in the year 85 , before me Felix Alpnrndn , a Notary Public, personally appeared Ronald E. Melville , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he/she executed it. NOTARY BC C IN ANU FUR S ID C U�ND STATE Felix Alvarado OFFICIAL SEAL ?''. 1_v FELIX ALVARADO :t-3; �.'/ 3 I NOTARY PUBLIC • CALIFORNIA \. �L/ LOS ANGELES COUilTY :, !dy comm. expires JUN 4, 195 _4_ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 COURT PAPER •TAT[01 a L.I. nu $TG. 113 EV. aaj, osr This is to certify that the deed restriction set forth above is hereby acknowledged by the undersigned officer on behalf of the California Coastal Commission pursuant to authority conferred by the California Coastal Commission when it granted Coastal Development Permit No. 5-84-515 on October 11, 1984 and the California Coastal Commission consents to recordation thereof by its duly authorized officer. Dated: i�eiyF/Jex,a�(' Califorma-uoasta ommT fission STATE OF ) )ss COUNTY OFj^�p�fp ) On 120.emet&n a271 before me4L I,VW>t,$0. Vytork , a Notary Public, personally appeared 'r f2. or ma v, personally known to me to be (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as thei�{�(Q.�/ (L ^V- ITLE and authorized representative of the California Coastal Commission and acknowledged to me that the California Coastal Commission executed it. 0 91C1AT, SVAL r1"Pn!?AH S nrVRUSI F19YARY PVBLIC - CALIFORNIA tlla � - A `` I..I i-n.,.:pl"83 COUNTY h!y�catmn. oxpi;ec Mt 20, 1988 l V Qh// MI CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92663-3884 Planning Department 640-2218 Modifications Committee Findings and Actions Application No.: 2976 Applicant: Ron Melville Address of Property Involved: 22 Beacon Ba Legal Description: Lot 22 Beac -Bay Modification Requested: to permit replacement of an existing enclosed Porch that encroaches into the front yard setback with a new enclosed porch and construction of a second story bay window that are proposed to encroach 1 l'-6" and 2'0" respectively into the required 15 foot front yard setback area adlacent To the bay. The Modifications Committee on Ju the following conditions: 1 conformance with the approved, re 2. That the annrnval of fhic .,. 17, 1984 approved the application subject to iat development shall be in substantial the and The Modifications Committee determined in this case that the proposal would not be detrimental to persons, property or improvements in the neighborhood and that i the modification as approved would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code, and made the following findings: 1. That the Architectural Committee of the Beacon Bay Community Association is r��r��a�• �. i+,a� u,e ayprovea plans are consistent with other partially enclosed porches adjacent to the bay in Beacon Bay. annroved by rhe No. NOTE: This approval shall extend for a period of 24 months from the end of the appeal period, and cannot be extended. The decision of the Committee may be appealed to the Planning Commission within 14 days of the date of the decision. Any appeal filed shall be accompanied by a filing fee of $484.00. No building permits may be issued until the appeal period has expired. MODIFICATIONS.COMMITTEE PLANNING DEPARTMENT JAMES D. HEWICKER, Director By�' William R. Laycock, Current Planning Administrator NOTE: The above application number must be affixed to the plans when being submitted for plan check and building permits. WRL/kln 3300 Newport Boulevard, Newport Beach