HomeMy WebLinkAboutC-8187-4 - San Clemente Drive, 850 & 856 - Deed Notification and Covenant for a Residential Unit in a Mixed-Use Project (Vivante Senior Living)Batch 7449149 Confirmation
RECORDATION REQUESTED BY
AND WHEN RECORDED, RETURN TO:
Vivante Newport Center, LLC
1 MacArthur Place, #300
Santa Ana, CA 92707
WITH A COPY TO:
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92658
Attention: City Clerk's Office
Page I of 2
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
1111111111111111111111111111111111111111111111111111111111111111111111 NO FEE
*$ R 0 0 1 2 0 0 8 2 8 3$*
2020000471735 9:36 am 09/00/20
214 502A C38 6
0.00 0.00 0.00 0.00 15.00 0.00 0.000.000.00 0.00
(Exemut From Recordinv Fees Pursuant to Government Code§ 273831
APN: 442-261-05 and 442-261-17 [Space Above For Recorder's Use Only]
DEED NOTIFICATION AND COVENANT FOR A RESIDENTIAL UNIT
IN A MIXED-USE PROJECT
Wivante Senior Housing, 850 and 858 San Clemente Drive, Nevrport Beach,
Com)
THIS REED NOTIFICATION AND COVENANT FOR A RESIDENTIAL KNIT IN A
MIXED-USE PROJECT ("Deed NWcakm') is made ef%xive this _51 day of August, 2M,
by Vivante Newport Center, LLC, a Dekrware iced iiabBity company ("Owner").
RECITALS
WHEREAS, Owner is the record owner of certain real property commonly known as
850 and 856 San Clemente Drive, located in the City of Newport Beach ("City"), County of
Orange, State of Califomia, County Assessor's Parcel Numbers 442-261-05 and 442 -261-
17, -as more fully described in the legal description attached hereto and incorporated herein
as Exhibit A ("Property");
WHEREAS, the Property is located in a mixed-use zoning district, as identified in
Chapter 20.22 (Mixed Use Zoning Districts) of the Newport Beach Municipal Code ("NBMC"),
or any successor chapter;
WHEREAS, on September 4, 2019, Owner applied for a building and/or grading
permit ("Permit") to construct residential unit(s) on the Property ("Mixed -Use Project,,); and
WHEREAS, as a condition of Permit approval, Subsections 20.48.130(H)(Notification
to Owners and Tenants) and (1) (Deed Notification) of the NBMC require Owner to record a
deed notification with the County Recorder's Office and to include within all deeds, leases,
and contracts conveying any interest in a residential unit in the Mixed -Use Project a
disclosure statement notifying future owners that they may be subject to impacts, including
inconvenience and discomfort, from lawful activities occurring in the Mixed -Use Project or
zoning district.
Deed Notification and Covenant for a Residential Unit in a Mixed -Use Project, Page 1
haps://gs.secr.lr�:-recording.corn/Ba.1:cI1/("onfir rnation/7449149 09/08/2020
Batch 7449149 Confirmation
Page 2 of 2
NOW, THEREFORE, in consideration of City granting Owner a Permit, Owner hereby
irrevocably covenants for the benefit and in favor of the City and agrees, on behalf of
her/him/itself and all successors and assigns, as follows:
1. The following notification on the use and enjoyment of the Property is hereby created
and shall be attached to and become a part of the deed to the Property:
A. The Property is designated as MU -1-13 (Mixed Use Horizontal) within the Land Use
Element of the City's General Plan, and is approved for mixed-use commercial and residential
uses in accordance with the PC -19 (San Joaquin Plaza Planned Community Development Plan)
zoning district designation. Allowed uses and permit requirements for the PC- 19 zoning district
are set forth in the adopted Planned Community text or as such may be hereinafter amended,
revised, replaced, or renumbered.
B. The PC -19 (San Joaquin Plaza Planned Community Development Plan) zoning
district ahms for both residential and nonresidential uses and the needs of nonresidential uses
may include, but are not wed to, access, visaxiity, parking, bading, safety, and economic
development.
C. A residential occupant of the Property, including an owner(s) or kwmee(s), will be
fining in an urban envimnment, subject to noise, lighfi g., odor, pedeshian bufiic, and outdoor
activity tenets fiat may or will be t9gher than a typical subLaban rel area, and the
resKWnt d odx 4m t may or vA be subject to inVacts, it rg incornrenience mid dmcnrFort
from IMM acbviiies occtm irg in the PG -19 (San Joaqw Plaza Planned Commu*
Deveiopmectt Plan) zorwtg fth-let that the residential occupant map consider a nukunice as a
result of proximity to nonresidential uses.
D. Ncxlresiclierffial uses m proximity to the Property include, but are not limited to,
office development, visitor accommodations, and retail uses at Fashion Island, all of which
are not necessarily regulated as to the duration, time, or the intensity of the uses, and which
can and do cause, noise, fighting, odors, pedestrian traffic and outdoor activities that the
residential occupant of the Property may consider a nuisance as a result of proximity of the
nonresidential uses to the Property.
2. Any deed, lease, or contract conveying any interest in a residential unit located on the
Property shall include a written disclosure statement in substantially the same form as the
Disclosure Statement and Acknowledgement attached hereto and incorporated herein by
reference as Exhibit B.
3. This Deed Notification shall remain in full force and effect during the period that the
Permit, or any modification or amendment thereof, remains effective, and during the period
that the residential unit authorized by the Permit or any modification of said residential unit,
remains in existence in or upon any part of, and thereby confers benefit upon, the Property.
4. This Deed Notification shall run with the land, be binding on the heirs, successors,
and assigns of Owner's interest in the land, whether fee or otherwise and shall be recorded
in the Office of the County Recorder of Orange County, California.
Deed Notification and Covenant for a Residential Unit in a Mixed. -Use Project Page 2
h11;tis://f;5.securc;-rccording.corn/Batch/Confirmation/ 7449 149 09/080020
RECORDATION REQUESTED BY
AND WHEN RECORDED, RETURN TO:
Vivante Newport Center, LLC
1 MacArthur Place, #300
Santa Ana, CA 92707
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. 442-261-05 and 442-261-17 [Space Above For Recorder's Use Only]
DEED NOTIFICATION AND COVENANT FOR A RESIDENTIAL UNIT
IN A MIXED-USE PROJECT
(Vivante Senior Housing, 850 and 856 San Clemente Drive, Newport Beach,
California)
THIS DEED NOTIFICATION AND COVENANT FOR A RESIDENTIAL UNIT IN A
MIXED-USE PROJECT ("Deed Notification") is made effective this '61 day of August. 2020,
by Vivante Newport Center. LLC, a Delaware limited liability company ("Owner").
RECITALS
WHEREAS, Owner is the record owner of certain real property commonly known as
850 and 856 San Clemente Drive, located in the City of Newport Beach ("City"), County of
Orange, State of California, County Assessor's Parcel Numbers 442-261-05 and 442-261-
17, as more fully described in the legal description attached hereto and incorporated herein
as Exhibit A ("Property"), -
WHEREAS, the Property is located in a mixed-use zoning district, as identified in
Chapter 20.22 (Mixed Use Zoning Districts) of the Newport Beach Municipal Code ("NBMC"),
or any successor chapter,
WHEREAS, on September 4, 2019 Owner applied for a building and/or grading
permit ("Permit") to construct residential unit(s) on the Property ("Mixed -Use Project"). and
WHEREAS, as a condition of Permit approval. Subsections 20.48.130(H)(Notification
to Owners and Tenants) and (1) (Deed Notification) of the NBMC require Owner to record a
deed notification with the County Recorder's Office and to include within all deeds, leases
and contracts conveying any interest in a residential unit in the Mixed -Use Project a
disclosure statement notifying future owners that they may be subject to impacts; including
inconvenience and discomfort, from lawful activities occurring in the Mixed -Use Project or
zoning district.
Deed Notification and Covenant for a Residential Unit in a Mixed -Use Project Page 1
NOW, THEREFORE, in consideration of City granting Owner a Permit, Owner hereby
irrevocably covenants for the benefit and in favor of the City and agrees, on behalf of
her/him/itself and all successors and assigns, as follows:
1. The following notification on the use and enjoyment of the Property is hereby created
and shall be attached to and become a part of the deed to the Property:
A. The Property is designated as MU -H3 (Mixed Use Horizontal) within the Land Use
Element of the City's General Plan, and is approved for mixed-use commercial and residential
uses in accordance with the PC -19 (San Joaquin Plaza Planned Community Development Plan)
zoning district designation. Allowed uses and permit requirements for the PC- 19 zoning district
are set forth in the adopted Planned Community text or as such may be hereinafter amended,
revised, replaced, or renumbered.
B. The PC -19 (San Joaquin Plaza Planned Community Development Plan) zoning
district allows for both residential and nonresidential uses and the needs of nonresidential uses
may include, but are not limited to, access, visibility, parking, loading, safety, and economic
development.
C. A residential occupant of the Property, including an owner(s) or lessee(s), will be
living in an urban environment, subject to noise, lighting, odor, pedestrian traffic, and outdoor
activity levels that may or will be higher than a typical suburban residential area, and the
residential occupant may or will be subject to impacts, including inconvenience and discomfort
from lawful activities occurring in the PC -19 (San Joaquin Plaza Planned Community
Development Plan) zoning district that the residential occupant may consider a nuisance as a
result of proximity to nonresidential uses.
D. Nonresidential uses in proximity to the Property include, but are not limited to,
office development, visitor accommodations, and retail uses at Fashion Island, all of which
are not necessarily regulated as to the duration, time, or the intensity of the uses, and which
can and do cause, noise, lighting, odors, pedestrian traffic and outdoor activities that the
residential occupant of the Property may consider a nuisance as a result of proximity of the
nonresidential uses to the Property
2. Any deed, lease, or contract conveying any interest in a residential unit located on the
Property shall include a written disclosure statement in substantially the same form as the
Disclosure Statement and Acknowledgement attached hereto and incorporated herein by
reference as Exhibit B.
3. This Deed Notification shall remain in full force and effect during the period that the
Permit. or any modification or amendment thereof, remains effective and during the period
that the residential unit authorized by the Permit or any modification of said residential unit,
remains in existence in or upon any part of. and thereby confers benefit upon, the Property.
4. This Deed Notification shall run with the land be binding on the heirs. successors,
and assigns of Owner's interest in the land. whether fee or otherwise and shall be recorded
in the Office of the County Recorder of Orange County California.
Deed Notification and Covenant for a Residential Unit in a Mixed -Use Project Page 2
IN WITNESS WHEREOF, the Parties hereto have caused this Deed Notification to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By: — L/
Aaron C.
City Attor
ATTEST: )-02.0Date:
By:
___4MJJy4
Leilani I. Brown
City Cie
c
1
'%isURN1P
T1EW
C �t11�1.2c
CITY OF NEWPORT BEACH, a California
municipal corporation
Date: 3 Z o Z. c�)
By: 2ze4-1
Seimone Jurjis
Community Development Director
OWNER(S): VIVANTE NEWPORT
CENTER, LLC, a Delaware limited liability
company
Date: ghzL024,
By:
Matthew B. Kaufm n
Secretary / Treasurer
[END OF SIGNATURES]
Owner(s) must sign in the presence of notary public
ATTACHMENTS: Exhibit A - Legal Description
Exhibit B - Disclosure Statement and Acknowledgement
Deed Notification and Covenant for a Residential Unit in a Mixed -Use Project Page 3
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 arimt } ss.
On ;LkA CA S 17 20,)-0 before me,
" C k6l- Notary Public, personally appeared
MG �. 18. who proved to me on the basis
of satisfactory evidence to be the person(-) whose name(fir) is/aye--subscribed to the within
instrument and acknowledged to me that he/44e4Aey—executed the same in his/cif
authorized capacity(tes�, and that by his/he `h signatures44 on the instrument the
person(), 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 ►��^ "^ "�
foregoing paragraph is true and correct. "° MICHELLE FAY•PARKHILL
COMMISSION #2179088 =
o Notary Public - California y
hand and ff ial seal. 3 . ORANGE COUNTY c
./T My Commission Expires
JANUARY 9, 2021
Signature" ll (s
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
S.S.
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)
Deed Notification and Covenant for a Residential Unit in a Mixed -Use Project Page 4
EXHIBIT A
LEGAL DESCRIPTION
Real property in the City of Newport Beach, County of Orange; State of California. described
as follows:
PARCEL 1 OF LOT MERGER NO. LM2018-004, IN THE CITY OF NEWPORT BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA, RECORDED JUNE 12, 2020, AS
INSTRUMENT NO. 2020000269446, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
A.P.N.: 442-261-05 and 442-261-17
Deed Notification and Covenant for a Residential Unit in a Mixed -Use Project Page A-1
EXHIBIT B
DISCLOSURE STATEMENT AND ACKNOWLEDGEMENT
To each and every person or entity that shall buy, lease or rent a residential unit
located on the certain real property commonly known as Vivante Newport Center, located in
the City of Newport Beach, County of Orange, State of California, County Assessor's Parcel
Numbers 442-261-05 and 442-261-17 ("Property"), you are hereby put on notice by this
Disclosure Statement and Acknowledgement ("Disclosure Statement") asfollows�
1. The Property is designated as MU -H3 (Mixed -Use Horizontal) within the Land Use
Element of the City's General Plan, and is approved for mixed-use commercial and
residential uses in accordance with the PC -19 (San Joaquin Plaza Planned
Community Development Plan) zoning district designation. Allowed uses and permit
requirements for the PC -19 zoning district are set forth in the adopted Planned
Community text, or as such may be hereinafter amended, revised, replaced, or
renumbered.
2. The PC -19 (San Joaquin Planned Community Development Plan) zoning district
allows for both residential and nonresidential uses and the needs of nonresidential
uses may include, but are not limited to, access, visibility, parking, loading , safety, and
economic development.
3. A residential occupant of the Property, including an owner(s) or lessee(s) , will be living
in an urban environment, subject to noise, lighting, odor, pedestrian traffic, and
outdoor activity levels that may or will be higher than a typical suburban residential
area, and the residential occupant may or will be subject to impacts, including
inconvenience and discomfort from lawful activities occurring in the PC -19 (San
Joaquin Planned Community Development Plan) zoning district that the residential
occupant may consider a nuisance as a result of proximity to nonresidential uses.
4. Nonresidential uses in proximity to the Property include, but are not limited to: office
development, visitor accommodations, and retail uses at Fashion Island, all of which
are not necessarily regulated as to the duration, time, or the intensity of the uses, and
which can and do cause, noise, lighting, odors, pedestrian traffic and outdoor activities
that the residential occupant of the Property may consider a nuisance as a result of
proximity of the nonresidential uses to the Property.
Acknowledgement:
By placing my signature below. I acknowledge that I have received, read and understand
this Disclosure Statement.
Signed:
Print Name'
Date.
Deed Notification and Covenant for a Residential Unit in a Mixed -Use Project Page B-1