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
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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
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"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."
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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
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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;
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COURTPAPER
I STAT{CI CALI/OII N IA
i STC. 11] (RIV. 6.721
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COURT PAP[N
IVA" .1 -1.-.NIA
SM tli I..V 4161
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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.
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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_
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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