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Home My WebLink AboutC-6246 - Amendment to Agreement for Ticonderoga StreetS Batch 5789116 Confirmation RECORDING REQUESTED BY AND WHEN RECORDED, MAIL TO: City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Attn: City Clerk WITH A CONFORMED COPY TO: Newport Crest Homeowners Association EXEMPT FROM RECORDING FEES PER GOVERNMENT CODE SECTIONS 27383 AND 6103 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder II fi 11111 IISNI Ili111 �111IIj1111 1]11 NO FEE *$ R 0 0 1 1 4 2 9 6 0 5$* 202000002752011:22 am 01122120 90 SC5 A17 4 0.00 0.00 0.00 0.00 9.00 0.00 0.000.000.00 0.00 (Space Above for Recorder's Use) AMENDMENT TO AGREEMENT FOR TICONDEROGA STREET This Amendment to the Agreement for Ticonderoga Street is entered into as of pM� Jai ?t7 201 `, 2019, by and between Newport Crest Homeowners Association ("Association") and the City of Newport Beach, a California municipal corporation and charter city ("City"). The Association and the City are sometimes referred to herein individually as a "Party" and collectively as the "Parties." A. WHEREAS, on September 19, 1994, the City of Newport Beach and the Association entered into that certain document entitled "Agreement for Ticonderoga Street," which was recorded in the Official Records of Orange County; California, on September 26, 1984, as Instrument No. 84-400786 (the "Agreement"); and B. WHEREAS, the purpose of the Agreement was to satisfy conditions of approval for the vacation of Ticonderoga Street, as required by City of Newport Beach Resolution No. 84-38; and C. WHEREAS, on August 11, 2015, the City Council adopted Resolution No. 2015-67, eliminating the condition that requires the Association to allow Ticonderoga Street to be extended westerly: D. WHEREAS, the Parties desire to execute this amendment to the Agreement and provide for fulfillment of the conditions required by City Council under Resolution Nos. 84-38 and 2015-67; and E. - ,- y t is Amendment to the Agreement -(the -"Amendment") the — Parties intend to eliminate the requirement that the Association allow Ticonderoga Street to be extended westerly and connected with 15th Street at the time that 15th Street and Bluff Road are constructed to connect to West Coast Highway. https://gs.secure-recording.com/BatcIi/Confirmation/57891 16 01/22/2020 RECORDING REQUESTED BY AND WHEN RECORDED, MAIL TO: City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Attn: City Clerk WITH A CONFORMED COPY TO: Newport Crest Homeowners Association EXEMPT FROM RECORDING FEES PER (Space Above for Recorder's Use) GOVERNMENT CODE SECTIONS 27383 AND 6103 AMENDMENT TO AGREEMENT FOR TICONDEROGA STREET This Amendment to the Agreement for Ticonderoga Street is entered into as of ZO 1 , 2019, by and between Newport Crest Homeowners Association ("Association") and the City of Newport Beach, a California municipal corporation and charter city ("City"). The Association and the City are sometimes referred to herein individually as a "Party" and collectively as the "Parties." A. WHEREAS, on September 19, 1994, the City of Newport Beach and the Association entered into that certain document entitled "Agreement for Ticonderoga Street," which was recorded in the Official Records of Orange County, California, on September 26, 1984, as Instrument No. 84-400786 (the "Agreement"); and B. WHEREAS, the purpose of the Agreement was to satisfy conditions of approval for the vacation of Ticonderoga Street, as required by City of Newport Beach Resolution No. 84-38; and C. WHEREAS, on August 11, 2015, the City Council adopted Resolution No. 2015-67, eliminating the condition that -requires the Association to allow Ticonderoga Street to be extended westerly: D. WHEREAS, the Parties desire to execute this amendment to the Agreement and provide for fulfillment of the conditions required by City Council under Resolution Nos. 84-38 and 2015-67; and E. WHEREAS, by this Amendment to the Agreement (the "Amendment") the Parties intend to eliminate the requirement that the Association allow Ticonderoga Street to be extended westerly and connected with 15th Street at the time that 15th Street and Bluff Road are constructed to connect to West Coast Highway. AMENDMENT NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, Paragraph 5 of the Agreement, which reads: The ASSOCIATION shall allow Ticonderoga Street to be extended westerly and connected with 15th Street at the time that 15th Street and Bluff Road are constructed to connect to Coast Highway. shall be deleted from the Agreement. Effective Date. This Amendment shall be deemed effective upon the date of its recordation in the Official Records. No Other Changes. Except as expressly set forth in this Amendment, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and in full force and effect. To the extent there is a conflict between this Amendment and/or the original Agreement, the provisions of this Amendment shall prevail. CITY OF NEWPORT BEACH Date: -01 - 15 —202 0 Gr K. Leung CitYManager �J ATTEST: Date: '• ZZ- /i %� h Leilani I. Brown ' City Clerk Date: APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE F`O1 Aaron C. Harp City Attorney NEWPORT CREST HOMEOWNERS ASSOCIATION Date: 13 C cul w Mark Gen-zalesr Board President ��"y`�� 7 c��P ZILIF0 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 I ss. On 20 before me, , Notary Public, personally appeared , who 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 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 (seal) 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) CALIFORNIA•ACKNOWLEDGMENT CIVIL CODE § 1189 «¢_w. _� ,�C�--�' _cv_c�. ..a. _cr _�.�t_c�.-c�<�..c�, _s� _A v..�•.�� .cam ..�. _c� _c�, sa _ ca. _sem ca _s� .A .sa4,�...� .ca s� _� A _s�C_w _� s� � va .ca -. 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 _o r n n `i ) On before me, Date L Here Insert Name and Title of the Officer personally appeared'/` Name(s) of Signer(s) who 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 signature(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. JOSEPH BOONS WITNESS my hand and official seal. Notary Public -California Z =•; Orange County ? % Commission # 2158489 ' Signaturey��~��( My Comm. Expires Jun 28, 2020 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. 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