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Home My WebLink AboutC-8235-10 - Beacon Bay, 16 - Acknowledgement of Waterfront Hazards and Waiver of Claims 2018RECORDATION REQUESTED BY AND WHEN RECORDED, RETURN TO: Gregory Joseph Skjonsby and Mary Johanna Skjonsby 16 Beacon ' Bay Newport Beach, CA 92660 WITH A COPY TO: City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658 Attention: City Clerk's Office Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder IIIII'llllilllllllllllllllllllllllNllllllllllllllllllllllll►IIIIII NO FEE *$ R 0 0 0 9 9 9 b 0 0 7$ 2018000118403 4:30 pm 04/03118 156 403 W01 4 0.00 0.00 0.00 0.00 9.00 0.00 0.000.000.00 3.00 (Exempt From Recording Fees Pursuant to Government Code § 27383) APN: 988-883-60 [Space Above For Recorders Use Only] ACKNOWLEDGEMENT OF WATERFRONT HAZARDS AND WAIVER OF CLAIMS (16 Beacon Bay, Newport Beach, CA) (Coastal Development Permit No.: CD2017-107) This Acknowledgement of Waterfront Hazards and Waiver of Claims ("Acknowledgment and Waiver") is made this ?0r-Pday of -ya(I_ , 2018 by Gregory Joseph Skjonsby and Mary Johanna Skjonsby, Trustees of The Skjonsby Family Trust dated July 16, 2001 ("Lessee"). Lessee is the record lessee of the property commonly known as 16 Beacon Bay, in the City of Newport Beach ("City"), County of Orange, State of California, County Assessor's" Parcel Number 988-883-60, as more fully described - in the legal description attached hereto as Exhibit A and incorporated herein by reference ("Property"). On February 15, 2018, Coastal Development Permit No. CD2017-107 (PA2017-250) 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 RECORDATION REQUESTED BY AND WHEN RECORDED, RETURN TO: Gregory Joseph Skjonsby and Mary Johanna Skjonsby 16 Beacon Bay Newport Beach, CA 92660 WITH A COPY TO: City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658 Attention: City Clerk's Office (Exempt From Recording Fees Pursuant to Government Code § 27383) APN: 988-883-60 [Space Above For Recorder's Use Only] ACKNOWLEDGEMENT OF WATERFRONT HAZARDS AND WAIVER OF CLAIMS (16 Beacon Bay, Newport Beach, CA) (Coastal Development Permit No.: CD2017-107) This Acknowledgement of Waterfront Hazards and Waiver of Claims ("Acknowledgment and Waiver") is made this Y day of Ayr— t t_ , 2018 by Gregory Joseph Skjonsby and Mary Johanna Skjonsby, Trustees of The Skjonsby Family Trust dated July 16, 2001 ("Lessee"). Lessee is the record lessee of the property commonly known as 16 Beacon Bay, in the City of Newport Beach ("City"), County of Orange, State of California, County Assessor's "Parcel Number 988-883-60, as more fully described in the legal description attached hereto as Exhibit A and incorporated herein by reference ("Property"). On February 15, 2018, Coastal Development Permit No. CD2017-107 (PA2017-250) 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. have caused this Acknowledgment and Waiver to be executed on the dates written below. LESSEE(S): Gregory Joseph Skjonsby and Mary Johanna Skjonsby, Trustees of The Skjonsby Family Trust dated July 16, 2001 6M Dai By: Ma [END OF SIGNATURES] Owners must sign in the presence of notary public ATTACHMENTS: Exhibit A — Legal Description Acknowledgment and Waiver of Waterfront Hazards Page 2 ACKNOWLEDGMENT 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 n n&Q, Iss. On 2019 before me, Notary Public, personally appeared J who proved to me on the basis of ati acto evide ce to a the person(s) whose na s) /are subscribed to the within instrument and acknowledged to me that f k� Ke/they exe ted the same in h�/p6r/their authorized capacity(ies), and that by I 'that, signatures(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 foregoing paragraph is true and correct. WIT�VESS rpy hand anc�offjcial seal. Si under the laws of the State of California that the JENNIFER LEE NELSON Commlaaign #t 2096990 Notary Public • California z Riverside County 3 N1Comm. Expires Jan 13, 2019 tsunaT� ACKNOWLEDGMENT 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 }ss. On , 20 before me, Notary Public, personally appeared , proved to me on the basis of 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 signatures(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. WITNESS my hand and official seal. Signature (seal) Acknowledgment and Waiver of Waterfront Hazards Page 3 EXHIBIT A LEGAL DESCRIPTION That certain real property located in the City of Newport Beach, County of Orange, California, described as follows: Lot 16, in the City of Newport Beach, County of Orange, State of California, as shown on by map filed in Book 9, Pages 42 and 43 of Record Surveys, in the office of the County Recorder of said County. Acknowledgment and Waiver of Waterfront Hazards Page A-1