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Home My WebLink AboutC-7260-15 - Beacon Bay, 14 - Acknowledement of Waterfront Hazards and Waiver of Claims 2017Document -4234963 -Page-1 RECORDATION REQUESTED BY AND WHEN RECORDED, RETURN TO: James A. Helfrich and Cynthia F. Helfrich 14 Beacon Bay 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 111111111111111111111111111111111111I 1 1111111111111111111 111 1 1111111NO FEE *$ R 0 0 0 9 6 6 5 3 6 4$* 201700045971611:28 am 10/30/17 90 SC5 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: 988-880-48 [Space Above For Recorder's Use Only] ACKNOWLEDGEMENT OF WATERFRONT HAZARDS AND WAIVER OF CLAIMS (14 Beacon Bay, Newport Beach, California) (Coastal Development Permit No.: CD2017-051) This Acknowledgement of Waterfront Hazards and Waiver of Claims ("Acknowledgment and Waiver") is made this day of October, 2017 by JAMES A. HELFRICH AND CYNTHIA F. HELFRICH, AS JOINT TENANTS ("Lessee"). Lessee is the record lessee of the property commonly known as 14 Beacon Bay, in the City of Newport Beach ("City"), County of Orange, State of California, County Assessor's Parcel Number 988- 880-48, as more fully described in the legal description attached hereto as Exhibit A and incorporated herein by reference ("Property"). On August 24, 2017, Coastal Development Permit No. CD2017-051 (PA2017-106) was conditionally approved for the Property ("CDP"). In exchange for City issuing the CDP, Lessee 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." Lessee 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. about:blank 10/30/2017 RECORDATION REQUESTED BY AND WHEN RECORDED, RETURN TO: James A. Helfrich and Cynthia F. Helfrich 14 Beacon Bay 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: 988-880-48 [Space Above For Recorder's Use Only] ACKNOWLEDGEMENT OF WATERFRONT HAZARDS AND WAIVER OF CLAIMS (14 Beacon Bay, Newport Beach, California) (Coastal Development Permit No.: CD2017-051) This Acknowledgement of Waterfront Hazards and Waiver of Claims ("Acknowledgment and Waiver") is made this day of October, 2017 by JAMES A. HELFRICH AND CYNTHIA F. HELFRICH, AS JOINT TENANTS ("Lessee"). Lessee is the record lessee of the property commonly known as 14 Beacon Bay, in the City of Newport Beach ("City"), County of Orange, State of California, County Assessor's Parcel Number 988- 880-48, as more fully described in the legal description attached hereto as Exhibit A and incorporated herein by reference ("Property"). On August 24, 2017, Coastal Development Permit No. CD2017-051 (PA2017-106) was conditionally approved for the Property ("CDP"). In exchange for City issuing the CDP, Lessee 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." Lessee 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 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. I have caused this Acknowledgment and Waiver to be executed on the dates written below. LESSEE(S): JAMES A. HELFRICH AND CYNT IAHELFRICH, AS JOINT TENANTS r\ I I Ja ie A. h Join Want Date: 2 By: Cynthia F. Helfrich Joint Tenant [END OF SIGNATURES] Lessees must sign in the presence of notary public ATTACHMENTS: Exhibit A— Legal Description Acknowledgment and Waiver of Waterfront Hazards Page 2 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 Los Angeles ) On October 24th 2017, before me, Lara Topjian Notary Public, personally appeared James Helfrich who proved to me on the basisof 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the persoRN acted, executed the instrument. TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true LARA TOP JIAN official seal. Commission # 2137421 Z r Notary Public - California Z Z Los Angeles County D MZ Comm. Ex ares Dec 18, 2019 (Notary Seal) 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 Los Angeles ) On October 24th 2017, before me, Lara Topjian Notary Public, personally appeared Cynthia Helfrich who proved to me on the basisof 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify NIR PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and cor ect. i LARA TOPJIAN WITN SS mylha d and o ficial seal. Commission # 2137421 a • Notary Public - California z Z Los Angeles County My Comm. Ex ares Dec 18, 2019 .9 NSign ture j (Notary Seal) EXHIBIT A LEGAL DESCRIPTION Lot 14 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. Acknowledgment and Waiver of Waterfront Hazards Page A-1