HomeMy WebLinkAboutC-7289-11 - Beacon Bay, 31 - Deed Restriction for Single Property with 1 ADU 20243/18/24, 9:50 AM
Batch 17156912 Confirmation
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Donte Andry
31 Beacon Bav
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
1II III III III III ill 11 II NO FEE
*$ R 0 0 1 4 8 3 7 2 2 9 $ *
2024000058549 9:37 am 03/18/24
440 CR-SC05 D12 5
0.00 0.00 0.00 0.00 12.00 0.00 0.000.000.00 0.00
(Exempt From Recording Fees Pursuant to Government Code § 27383)
APN: 050-211-15 [Space Above For Recorder's Use Only]
DEED RESTRICTION
FOR SINGLE -UNIT PROPERTY WITH 1 ADU
THIS DEED RESTRICTION F R SINGLE -UNIT PROPERTY WITH 1 ADU ("Deed
Restriction") is executed on _ Q 2024, by Donte Andry, herein referred to as
"OWNER," running in favor of the City of Newport Beach, hereinafter referred to as "CITY,"
for the benefit and general welfare of the citizens and inhabitants thereof, hereinafter referred
to as "PUBLIC."
WHEREAS, the undersigned, an authorized representative of OWNER, warrants and
certifies under penalty of perjury that, as of the date this document is executed, OWNER is
the sole owner of record of the following described real property in the City of Newport Beach,
County of Orange, State of California, hereinafter referred to as the "Property":
Address: 31 Beacon Bay
Assessor's Parcel Number: 050-211-15
Short Legal Description: Lot 31 of Record of Survey Book 9 Pages 42 and
43
WHEREAS, OWNER has submitted an application ("Application") requesting approval
for: Plan Check No. PC2023-2772 ("Plan Check"), and Permit No. XR2023-3240 ("Permit").
https://gs.secure-erds.com/Batch/Confirmation/l7156912 1 /2
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Donte Andry
31 Beacon Bav
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: 050-211-15 [Space Above For Recorder's Use Only]
DEED RESTRICTION
FOR SINGLE -UNIT PROPERTY WITH 1 ADU
THIS DEED RESTRICTION FOR SINGLE -UNIT PROPERTY WITH 1 ADU ("Deed
Restriction") is executed on j j, 2024, by Donte Andry, herein referred to as
"OWNER," running in favor of the City of Newport Beach, hereinafter referred to as "CITY,"
for the benefit and general welfare of the citizens and inhabitants thereof, hereinafter referred
to as "PUBLIC."
WHEREAS, the undersigned, an authorized representative of OWNER, warrants and
certifies under penalty of perjury that, as of the date this document is executed, OWNER is
the sole owner of record of the following described real property in the City of Newport Beach,
County of Orange, State of California, hereinafter referred to as the "Property":
Address: 31 Beacon Bay
Assessor's Parcel Number: 050-211-15
Short Legal Description: Lot 31 of Record of Survey Book 9 Pages 42 and
43
WHEREAS, OWNER has submitted an application ("Application") requesting approval
for: Plan Check No. PC2023-2772 ("Plan Check"), and Permit No. XR2023-3240 ("Permit").
WHEREAS, the Application includes a request to create a 703 square foot accessory
dwelling unit ("ADU") on the Property as shown in the approved construction plans on file
with the City of Newport Beach Building Division.
WHEREAS, OWNER acknowledges that these covenants are provided to protect the
PUBLIC.
WHEREAS, OWNER acknowledges that the CITY approving the Application would
confer a permanent and continuing benefit upon the Property.
NOW THEREFORE, in consideration of CITY's approval, OWNER covenants as follows:
Purpose. Each covenant is made to promote the general scheme and purpose of the
General Plan and zoning regulations set forth in the Municipal Code of CITY as now
existing and as hereafter amended.
2. Binding Upon Successors. These covenants, and each of them, shall constitute a
servitude, burden, or easement upon the above -described Property. This Deed
Restriction is appurtenant to and shall run with the Property and be binding upon the
heirs, administrators, executors, successors, assigns and transferees of the parties
hereto.
3. No Revisions. There shall be no change, alteration, deletion or addition to the plans and
specifications submitted by OWNER as part of the Application and approved by CITY,
unless OWNER first receives the prior written consent of the CITY.
4. Primary Dwelling_ At all times the primary residence on the Property shall be used and
maintained as a single -unit dwelling.
5. No Short -Term Rentals. The ADU shall not be rented or leased for a term of less than 31
days.
6. No ADU Separate Sale. The ADU may not be sold separately from the primary residence.
7. No Changes Without Authority. This Deed Restriction shall remain in full force and effect
during the term of the Permit, and Zoning Clearance or any modification or amendment
thereof to Permit, and Zoning Clearance. There shall be no change, alteration, deletion
or addition to the Property (including any change in size of the primary dwelling or the
ADU except as is specifically set forth in the plans and specifications approved by the
CITY as part of the Application. This prohibition shall specifically include, but shall not
necessarily be limited to, no additional stoves, sinks, lavatories, water closets, or other
bathroom or kitchen fixtures may be added to the Property, without first obtaining the prior
written consent and approval of the CITY.
8. All Available Remedies. CITY shall be entitled to all legal and equitable remedies
available under the law upon the default of the terms of this Deed Restriction by OWNER,
or by any purchaser, lessee or sublessee of the Property, or their assigns and successors,
including, without limitation, specific performance of the terms of the Deed Restriction
and/or modification or removal of the ADU constructed or used in violation of this Deed
Restriction.
9. Right of Inspection. During any reasonable hour, the OWNER and occupants of the
Property shall allow any officer, employee, or agent of the City to enter and inspect the
Property or any building or premises on the Property, whenever such inspection is
determined to be necessary to verify or secure compliance with, or prevent a violation of,
this Deed Restriction.
DATED this '9
zoz�-
day of M&VK --V-T- , 'e
OWNER or Authorized Representative Na
OWNER or Authorized Representative Name Signature
Must sign in the presence of notary public
Attachment:
Exhibit A — Legal Description
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
Count of Y)SS. �1"[/``//
On -I 20 efore me,A01-4- Notary Public,
personally appeared who proved to me on the
basis of satisfactory evid a to be the person( whose names i /a a subscribed to the within instrument and
knowledged to me th he P1�ltPtgy executed the same it 3F /t it authorized capacity(is), and that by
is/ Z/I,tNir signature sZ3,� on the instrument the person(V,afthe entity upon behalf of which the person N,
cted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California thRtgrj
is true and correct. NORIMTELLES
Comm. 023OM7
WITNE m hand and official seal. fit"' Nof"ryPubNc'C"Mani"
Y ORANGE COUNTY
My Comm. Exp. Meft 02. 2=
Signature (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
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)
ATTACHMENT:
Exhibit A — Legal Description
Real property in the City of Newport Beach, County of Orange, State of California, described as
follows:
LOT 31, AS SHOWN UPON A RECORD OF SURVEY MAP, FILED IN BOOK 9 PAGES 42 AND 43, OF
RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
CALIFORNIA, TOGETHER WITH CERTAIN PORTIONS OF ADJOINING LOTS E AND F, AS SHOWN
UPON SAID MAP.
APN: 988-883-62