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Home My WebLink AboutC-7260-14 - Beacon Bay, 14 - Waiver of Future Protection Device(s) 2017Document -4234964 -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 1111111[111111111111111111111111II NO FEE *$ R 0 0 0 9 6 6 5 3 6 5$* 201700045971711:28 am 10130/17 90 SC5 W01 7 0.00 0.00 0.00 0.00 18.00 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) WAIVER OF FUTURE PROTECTION DEVICE(S) (14 Beacon Bay, Newport Beach, CA 92660) (Coastal Development Permit No.: CD2017-051) This Waiver of Future Protection Device(s) ("Waiver") is made and entered into this day of October, 2017 ("Effective Date") by and between JAMES A. HELFRICH AND CYNTHIA F. HELFRICH, AS JOINT TENANTS ("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 14 Beacon Bay, in the City of Newport Beach, 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"). WHEREAS, on August 24, 2017, Coastal Development Permit No. CD2017-051 (PA2017-106) was conditionally approved for the Property ("CDP"). WHEREAS, Newport Beach Municipal Code ("NBMC") 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 future protection devices to address situations in which the development authorized under the Permit is threatened with damage or destruction from waves, erosion, storm conditions, landslides, seismic activity, bluff retreat, sea level rise, or other natural hazards. 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] WAIVER OF FUTURE PROTECTION DEVICE(S) (14 Beacon Bay, Newport Beach, CA 92660) (Coastal Development Permit No.: CD2017-051) This Waiver of Future Protection Device(s) ("Waiver") is made and entered into this day of October, 2017 ("Effective Date") by and between JAMES A. HELFRICH AND CYNTHIA F. HELFRICH, AS JOINT TENANTS ("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 14 Beacon Bay, in the City of Newport Beach, 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"). WHEREAS, on August 24, 2017, Coastal Development Permit No. CD2017-051 (PA2017-106) was conditionally approved for the Property ("CDP"). WHEREAS, Newport Beach Municipal Code ("NBMC") 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 future protection devices to address situations in which the development authorized under the Permit is threatened with damage or destruction from waves, erosion, storm conditions, landslides, seismic activity, bluff retreat, sea level rise, or other natural hazards. WHEREAS, Newport Beach Municipal Code Section 21.30.030(C)(3)(i) requires, prior to the issuance of a Permit, property owners to waive rights to future protection, 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, as the sole beneficiary of the rights granted by the CDP, is responsible for compliance with all federal, state, and local laws that may affect such rights including, but not limited to, NBMC Sections 21.30.030(C)(3)(i) and 21.30.015(E)(5). Section 3. 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 4. 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 5. For any bulkhead or shoreline protective device that is on the Property on or before the Effective Date, Lessee hereby waives, on behalf of (him/her/itself) and all successors and assigns, (his/her/its) rights to repair and maintain, enhance, reinforce, or conduct any other activity affecting the bulkhead or shoreline protective device that results in any encroachment seaward of the authorized footprint of the bulkhead or shoreline protective device. Section 6. 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 7. In the event of any dispute or legal action arising under this Waiver, the prevailing party shall not be entitled to attorneys' fees. Section 8. If any term or portion of this Waiver is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Waiver shall continue in full force and effect. Waiver of Future Shoreline Protection Page 2 Section 9. 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 3 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: I,n/ -i / L-7 By. Aaron C. Har City Attorney ATTEST: Date: /0-5).4 By: a" Leilan' . Bro n City Clerk w- CITY OF NEWPORT BEACH, a California rpunicipal corporation Date: t o (e Zo( By: :Q-ei'"► Seimone Jurjis Community Developme t 'rector LESSEE(S): JAMES A. HELFRICH AND CYNTHIA F. HELFRICH, AS JOINT TENANTS r�ADate: r\1 James A.'Nelfri� Joint �Want Date: By: Cynthia'f. Helfrich Joint Tenant [END OF SIGNATURES] Lessees must sign in the presence of notary public ATTACHMENTS: Exhibit A— Legal Description Waiver of Future Shoreline Protection Page 4 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 person(s) acted, executed the instrument. and PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true LARA 1'OPJIAN nd and official seal. Commission # 2137421 a r Notary Public - California i Los Angeles County r ' My Comm. Expires 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. DER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true �� i hand nd official seal. LARA TOPJIAN Commission # 2137421 a -r' Notary Public • California i z Los Angeles County i M Comm. Ex fres Dec 18, 2019 N ry ifatur� (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. Waiver of Future Shoreline Protection Page A-1