HomeMy WebLinkAboutC-7290-9 - Beacon Bay, 32 - Deed Restriction for Single-Unit Property with 1 ADU 20244/17/24, 12:49 PM
Batch 17301592 Confirmation
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Paul Tashima
221 West Hubbard Street
Chicago, IL 60654
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
111I 11111 [11 I 111 I$ 1[ 11 11 NO FEE
*$ R 0 0 1 4 8 9 8 5 4 7 $ *
2024000095921 12:38 pm 04/17124
440 CR-SC05 DI 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: 988-880-24 [Space Above For Recorder's Use Only]
DEED RESTRICTION
FOR SINGLE -UNIT PROPERTY WITH 1 ADU
THIS DEED RESTRICTION F R INGLE-UNIT PROPERTY WITH 1 ADU ("Deed
Restriction").is executed on f 7 2 2024, by the undersigned, herein referred
to as "OWNER," running in favor of be 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:
32 Beacon Bay
Assessor's Parcel Number: 998-880-24
Short Legal Description: Parcel 32 of Record of Survey RS_009 42-43
WHEREAS, OWNER has submitted an application ("Application") requesting approval
for: Plan Check No. PC2023-3003 ("Plan Check"), and Permit No. XR2023-3539 ("Permit").
https://gs.secure-erds.com/Batch/Confirmation/l 7301592 1 /2
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Paul Tashima
221 West Hubbard Street
Chicago, IL 60654
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: 988-880-24 [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 ! �-2 q , 2024, by the undersigned, herein referred
to as "OWNER," running in favor of be 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: 32 Beacon Bay
Assessor's Parcel Number: 998-880-24
Short Legal Description: Parcel 32 of Record of Survey RS_009_42-43
WHEREAS, OWNER has submitted an application ("Application") requesting approval
for: Plan Check No. PC2023-3003 ("Plan Check"), and Permit No. XR2023-3539 ("Permit").
WHEREAS, the Application includes a request to create a 709-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:
1. 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 ( 5day of
r
C941 4
Paul Tashima
Must sign in the presence of notary public
Attachment:
Exhibit A — Legal Description
, 2024.
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.
�E "/N O lS `R'
I I State of 8attfomt'd
County of O } ss.
On ARZit,/ 20_2_%_ before me, M#Ay Eue^) ST,elQLFy Notary Public,
personally appeared Aa fir. 72KHIA4.4 , 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.42'"NOL S
I certify under PENALTY OF PERJURY under the laws of the State ofGa*emia that the foregoing paragraph
is true and correct.
WIT SS my h d and o al. OFFICIAL SEAL
MARY ELLEN STRIBLEY
ignature NOTARY PUBLIC, STATE OF IL IN01 ll
MY COMMISSION EXPIRES: 041���2 B
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
Lot 32, in the City of Newport Beach, County of Orange, State of California, as shown on 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 Orange County, California.