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Home My WebLink AboutC-7254-13 - Beacon Bay, 13 - Acknowledgement of Waterfront Hazards and Waiver of Claims 2021Batch 12030982 Confirmation RECORDATION REQUESTED BY AND WHEN RECORDED, RETURN TO: Nancy Irwin 13 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 Page 1 of 2 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 11 1111 II IlfIIII 1!III 11 1�1]1J1J II NO FEE *$ R 0 0 1 3 2 3 8 1 2 2$* 2021000623066 9:27 am 10/12/21 90 RW9A W01 4 0.00 0.00 0.00 0.00 9.00 0.00 0.000.000.00 0.00 (Exempt From Recording Fees Pursuant to Government Code § 27383) APN: 050 222 11 [Space Above For Recorder's Use Only] ACKNOWLEDGEMENT OF WATERFRONT HAZARDS AND WAIVER OF CLAIMS (13 Beacon Bay, Newport Beach, California) (Coastal Development Permit No.: CD2021-008) This Acknowledgement of Waterfront [azards and Waiver of Claims ("Acknowledgment and Waiver") is made this W day of 2021 by T� f (huhvfti►�� 0wut-6 ("Owner"). Owner is the record owner of the property commonly known as 13 Beacon Bay, in the City of Newport Beach ("City"), County of Orange, State of California, County Assessor's Parcel Number 050 222 11, as more fully described in the legal description attached hereto as Exhibit A and incorporated herein by reference ("Property"). On July 15, 2021, Coastal Development Permit No. CD2021-008 (PA2021-036) was conditionally approved for the Property ("CDP"). In exchange for City issuing the CDP, Owner 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." Owner 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. https://`(,s.secure-recording.com/Batch/Confirmation/12030982 10/12/2021 RECORDATION REQUESTED BY AND WHEN RECORDED, RETURN TO: Nancy Irwin 13 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: 050 222 11 [Space Above For Recorder's Use Only] ACKNOWLEDGEMENT OF WATERFRONT HAZARDS AND WAIVER OF CLAIMS (13 Beacon Bay, Newport Beach, California) (Coastal Development Permit No.: CD2021-008) This Acknowledgement of Waterfront Hazards and Waiver of Claims ("Acknowledgment and Waiver") is made this 22�day of _Scwkt , 2021 by J-�-Mo f 6/1 i i� G w L4W5 ("Owner"). Owner is the record owner of the property commonly known as 13 Beacon Bay, in the City of Newport Beach ("City"), County of Orange, State of California, County Assessor's Parcel Number 050 222 11, as more fully described in the legal description attached hereto as Exhibit A and incorporated herein by reference ("Property"). On July 15, 2021, Coastal Development Permit No. CD2021-008 (PA2021-036) was conditionally approved for the Property ("CDP"). In exchange for City issuing the CDP, Owner 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." Owner 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 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. have caused this Acknowledgment and Waiver to be executed on the dates written below. OWNER(S): Date ?� Z By: Date: By: L-/-)` [END OF SIGNATURES] Owners must sign in the presence of notary public ATTACHMENTS: Exhibit A — Legal Description ACKNOWLEDGMENT 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 & 1"'S. ' On r , 20 before me, Notary Public, personally appeared ,M-tflyw 21N��E ho proved to me on the basis of satisfactory evidence to be the personw WhAe, namis are subscribed to th within instrument and acknowledged to me that h e/ hey executed the same in hi /her/ heir authorized capacity), and that by hiheZpersonXacted, eir signature on the instrument the J�s�) person, or the entity upon behalf of which t 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. •. CONSTANZA E. MEDINA WIT ESS m hand an official seal. _ �= COMM. #22`16262 r : Notary Public - Cal'domie W . ; o SAN BERNARDINO COUNTY My Comm. Expires SEP. 29, 2021 Si ature (seal) 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 ( ii County of 1 V� Q ss. O 01 20 before me, Notary Public, personally appeared ved to me on the basis of satisfactory evidence to be the person se name i re subscribed to he within instrument and acknowledged to meta he/ he/they executed the same in is/ 'er/their authorized capaZltyupon ), and that b his er/their signatur s) on the instrument the person',A, or the behalf of w Ich the person(' acted, executed the instrument. I certifyunder PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNEAS my hand and ofkial seal_. n Signature (seal) ONSTANZA E. MEDINA COMM. #2216262 Notary Public- Cellfomia SAN SERNARDINO COUNTY My Comm. Expires SEP. 29, 2021 Acknowledgment and Waiver of Waterfront Hazards Page 3 EXHIBIT A LEGAL DESCRIPTION Lot 13 of Record of Survey Book 9 Page 42 Acknowledgment and Waiver of Waterfront Hazards Page A-1